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Home My WebLink AboutVariance (970) 77 - P . f TOWN OF VyINDSOR N2 2290 ZONING BOARD OF APPEALS Received from _Rosemary R. Carlson (Executrix for Martin J. Rester)-------------------------------------------------------------------- of _St Maple Street, South Windsor CT 06074 $45.2A. Dollars fee for a hearing before the Zoning Board of Appeals. This hearing is to cover application number 85-2290_ for a__ysriance to section__3.5k of the Zoning Regulations to allow creation of a building lot......................_ Dated at South Windsor, Conn.,this__21st _ do f August q_ 5_g __________ - Sig _.._.K. ems_ . SECRETARY tow N a�� r TOWn OP SOULII Vind460t 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 f�ososit.co�� AREA CODE 203/644-25n July 14, 1994 Attorney Ralph Alexander 330 Roberts Street Suite 400 East Hartford, CT 06108 Dear Attorney Alexander: This request is for a legal opinion on two issues that have recently come to the attention of the Planning Department. The first item involves a pending Planning and Zoning application, Appl. 94-26P Grandview Estates 11 Resubdivision. The applicant received Zoning Board of Appeals approval on July 7, 1994 to allow lot 11 without frontage on a paved street (see maps and ZBA application/approval letters enclosed). The access to this lot is proposed to be a private driveway from the end of the cuI de sac, over the existing town ROW, into the lot. The question we have is whether approval from the Town Council is required to permit this driveway; if so, is it necessary for this approval to be in place prior to action by the Planning and Zoning Commission? This application will have a (continued) public hearing on August 16, anti tentative action date of September 6 or 13. The second issue we ru!d like an opinion on involves a subdivision map that was filed prior to adc, rion of subdivision regulations, and within which a part of the road was never constructed. The subdivision contains Hillsdale Drive and Mountain View Road. The norther;v section of Mountain View Road is not j built, but the subdivision map shows. lots along that section of road (see enclosed map). We have had i recent inquiries regarding those vacant lots and whether the Town is responsible for/obligated to construct the missing road section so that the property owners can build houses. Can you clarify for us what the legal status of those "lots" is, i.e., are they existing lots; can homes be constructed on them; does a road have to be built and who has to build it? Thank you for your assistance. Very truly yours, Michele R. Lipe Assistant Planner/Analyst MRL/sf Encl. VOL. � � PAGE 17 � � 5 9 � d CERTIFICATE OF NOTICE FOR STATE OF CONNECTICUT Recorded: LAND RECORDS (PC-251) COURT OF PROBATE Page: 1 Court of Probate, District of East Windsor District Number 047 94-0157 Estate of: MARTIN J. RIESTER Date of Certificate: Date of Death: 08/31/1994 Place where last dwelt: South Windsor, CT Died: Testate Fiduciary: Rosemary R. Carlson, 31 Maple Street, South Windsor, CT 06074 Fiduciary's Position of Trust: Executrix Date of Appointment: 10/05/1994 This certificate is made and caused to be recorded in the land records of the town wherein the said deceased was the owner of real property or any interest therein, or a mortgage or lien upon real property. Xi Rosemary R. Carlson, Executrix As used in this document, the word fiduciary includes the plural, where the context so requires. REC "r`; r;� ncTnf�L1m7G .� /fix°thy^��n PAGE TOWN ARK FIDUCIARY'S PROBATE STATE OF CONNECTICUT CERTIFICATE (PC-450) COURT OF PROBATE Court of Probate, District of East Windsor District Number 047 Estate of: MARTIN J. RIESTER t ` Date of Certificate: 10/05/1994 Fiduciary's name and address: Rosemary R. Carlson, 31 Maple Street, South Windsor, CT 06074 Position of trust: Executrix Date of appointment: 10/05/1994 The undersigned hereby certifies that the fiduciary of the above named estate has accepted appointment; executed probate bond according to law or has been excused by Will or by Statute; and is legally authorized and qualified to act as such fiduciary on said estate, said appointment being unrevoked and in full force as of the above Date of Certificate. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of this Court on the above Date of Certificate. COURT SEAL jodg"'Ass-I t Clerk NOT VALID WITHOUT COURT OF PROBATE SEAL IMPRESSED As used in this document, the word fiduciary includes the plural, where the context so requires. October 6, 1994 Town Manager Jean Zurbrigen 1540 Sullivan Ave. South Windsor, Ct 06074 Dear Town Manager Zurbrigen: On July 14, 1994 Town Attorney Ralph Alexander was asked to give a legal opinion on two issues for the Planning Department in a letter from Michele R. Lipe. I am concerned with issue two of that letter, which involves the two building lots on Mountain View Road, No. 8 and 9 on the attached section of town map. Presently the Northern half of Mt. View Rd. is unpaved. When Martin Riester bought these lots in 1943, he was assured by the town that the road woould be paved if and when a house was built on one of the lots. Mr. Riester has been paying taxes on these two building lots since 1943. The town has installed culverts for water drainage. The road is za l.,i 7 used by town residents au tin tc) the tennis courts. The deed states that Mt View Rd. can be used for all purposes which a highway can be used. The road is on record as a town road, and is shown on town maps. Martin Riester dled on AugU3_e' 31,., 1994 and I (his daughter) have been appointed' as the executrix of his estate and now am owner of this property. Probate Court would like an estimate of the lands value in 30 days, if possible and no longer than 60 days. Obviously, I cannot accomplish this without your assistance. I am looking forward to a prompt reply so that I may complete my legal obligations Page 2 Thanking you in advance, I am, Rosemary R. Carlson 31 Maple St . So. Windsor, Ct. 06074 Enc:. : Article from JI dtd 9/28/94 Ltr dtd 6/ 14/94 to Town Atty Ralph Alexander Section of Town Maps showing Lots 8 & 9 Copies of deeds Lots 8 & 9 Note : A similiar ltr has been sent to Atty Alexander <s r October 7, 1994 Town Attorney Ralph Alexander 330 Roberts Street East Hartford, Ct 06108 Dear Town Attorney Alexander: On July 14, 1994 Town Attorney Ralph Alexander was asked to give a legal opinion on two issues for the Planning Department in a letter from Michele R. Lipe. I am concerned with issue two of that letter, which involves the two building lots on Mountain View Road, No. 8 and 9 on the attached section of town map. Presently the Northern half of Mt . View Rd. is unpaved. When Martin Riester bought these lots in 1943, he was assured by the town that the road would be paved if and when a house was built on one of the lots. Mr. Riester has been paying taxes on these two building lots since 1943. The town has installed culverts for water drainage. The road is also used by town residents as an access to the tennis courts. The deed states that Mt View Rd. can be used for all purposes which a highway can be used. The road is on record as a town road, and is shown on town maps. Martin Riester died on August 31, 1994 and I (his daughter) have been appointed as the executrix of his estate and now am owner of this property. Probate Court would like an estimate of the lands value in 30 days, if possible and no longer than 60 days. Obviously, I cannot accompliaO this without your assistance. I am looking forward to a prompt reply so that I may complete my legal obligations 1 Page 2 -Thanking YOU in advance, I am, Rosemary R. Carlson 31 Maple St. So. Windsor, Ct. 06074 Enc : Article from JI dtd 9/28/94 Ltr dtd G/ 14/94 to Town Atty Ralph Alcx�jnd. -r- Section of Town Maps showing Lots 8 Copies of deeds Lots 8 & 9 Note: A Simi l iar l tr has been sent to Town Mari.iger Jean Zurbrigen I, Robert W. Warren, Chairman of the South Windsor Zoning Board of Appeals, hereby certify that on September 21, 1995 the Zoning Board of Appeals granted to Rose R. Carlson a variance to Section 10 . 2 of the Zoning Regulations to allow an existing building lot without frontage on a paved road at property located on the west side of Mountain View Road, A-20 zone. Assessor's Map and Parcel Number: Map 89, Parcel 8 & 9 More particularly bounded and described as follows: (legal description from Deed or Mortgage) M NORTHERLY by land now or formerly of William and George Chamberlin, 96 feet; EASTERLY by Mountain View Road, as shown .on said map; SOUTHERLY by land now or formerly of Martin Riester and Mary Riester, 96 feet; and WESTERLY by the remaining portion of lots numbers 10 and 11 on said map together with the right to use Hillsdale Road and Mountain View Road as shown on said map for all purposes for which a highway is used. FOURTH PIECE: The easterly 96 feet of Lot number 12 Map of "Hillsdale surveyed for Frank C. Stoddard, East Windsor Hill Road, Wapping, South Windsor, Conn. Scale 1 inch - 40 feet Mar. 1938 Petersen and Hoffman, Eng'rs., Successors to Spencer and Washburn, Inc. , Revised July, 1941•, which nap is in the office of the Town Clerk of South Windsor. Said premises are bounded: Beginning at a point in the westerly line of Mountain View Road, as shown on said map, which point is at the southeast corner of Lot number 12, as shown on said map; thence running westerly along the southerly boundary of Lot number 12, as shown on said map, a distance of 96 feet; thence running northerly on a line parallel to the westerly line of Mountain View Road, as shown on said map, a distance of 80 feet to the southerly line of Lot number 11, as shown on said map; thence running easterly along the southerly line of Lot number 11, as shown on said map, to the westerly line of Mountain View Road, as shown on said map, 96 feet; and thence running southerly along the westerly line of Mountain View Road, as shown on said map, a distance of 80 feet to the point of beginning; together with the right to use Mountain View Road and Hillsdale Road, shown on said map, for highway purposes. OWNER OF RECORD: Estate of Martin J. Riester Dated at South Windsor, Connecticut this 25th day of September, 1995 In accordance with CGS Section 8-3d Robert W. Warren, Chairman Zoning Board of Appeals Received for record this day of 19 ,at South Windsor, Connecticut ATTEST: Town Clerk