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HomeMy WebLinkAboutRequest to Town Attorney ^ June 17, 1991 Attv. Richard M. Rittenband* Esq. Town Attorney, Town of South Windsor Re: 819 Main Street Dear Dick: John McCahill . Zoning Enforcement Officer . via the enclosed correspondence. has asked the Zoning Board of Appeals whether or not the cuurent use of 819 Main Street conforms with a variance granted by our board in 1974. Obviously aware of this request ° a neighbor of the subject property Charles S. Rotenberg, has also corresponded with the ZBA with ' technical definitions and ooinions --- see also attached June 61991 letter. " Is it Proper for the ZBA to decide this case? � If so how would we properly air the �ase? Would we invite an application � from the owner or occupant? Would we initiate our own hearing' advertising the subject of the hearing and ask the owner to post a sign for the requisite 10 days? I 've been a member or Chairman of the ZBA for more than 20 vears and yet I find no precedence for this request and % 'm reluctant to to charge in and break ground without Your counsel . RICHARD M. RITTENBAND ATTORNEY AT LAW 1750 ELLINGTON ROAD SOUTH WINDSOR.CONNECTICUT 06074 (203)644-2456 August 6 , 1991 Mr. Robert W. Warren, Chairman Zoning Board of Appeals Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re : 819 Main Street Dear Bob : In reply to your letter of June 17 , 1991 and the follow-up memorandum from John E. McCahill, dated July 18, 1991 , I find nothing in the Zoning Board of Appeals By-Laws , the Town of South Windsor Zoning Regulations referring to the Zoning Board of Appeals , Section 11 . 4 et seq. , or the Connecticut General Statutes .that authorizes the Zoning Board of Appeals to initiate on its own or at the request of a citizen the giving of an opinion as to whether or not the current use of property conforms with a variance granted by the Zoning Board of Appeals. There is nothing in the By-Laws and the Zoning Regulations, Section 11 . 4 et seq. essentially repeat the terms of the General Statutes . Section 8-6 of the General Statutes permits the Zoning Board of Appeals to grant special exceptions , to grant variances and the Zoning Regulations permit temporary and conditional permits . Section 8-6 also provides in enumerating the powers and duties of the Zoning Board of Appeals the following : " (1) To hear and decide appeals were it is alleged that there is an error in any order, requirement or decision made by the official charged with the enforcement of this chapter or any by-law, ordinance or regulation adopted under the provisions of this chapter;" . There is no authority for an advisory opinion or an opinion as suggested ,initiated by either a citizen or the Zoning Board of Appeals itself . Accordingly, it is my opinion that any ruling as to whether or not the current use of 819 Main Street conforms with the variance granted in 1974 should be made by the zoning enforcement officer . Any person Mr. Robert W. Warren, Chairman Page 2 August 6, 1991 Any person aggrieved by his ruling, which could be a neighbor or the people conducting the current use , may, under Section 8-7 of the General Statutes , take an appeal to the Zoning Board of Appeals . The Board "may reverse or affirm, wholly or partly, or may modify any order, requirement or decision appealed from and shall make such order, requirement or decision as in its opinion should be made in the. premises and shall have all the powers of the officer from whom the appeal has been taken but only in accordance with the provisions of this section. " Section 8-7 of the General Statutes. Therefore, it is my opinion that the initial ruling on this issue should be made by the zoning enforcement officer, and if anyone is aggrieved by that ruling, that person or persons then have a right to appeal the zoning enforcement officer' s decision to the Zoning Board of Appeals which must then consider it. If you have any questions concerning this , please let me know. Thank you. Very truly u. . g..,j.w_..__ y -Richard M. Rittenband South Windsor Town Attorney RMR: f d cc : Mr. John E. McCahill orM SF ca O � a � w� 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 NOTICE �O ° O CATION: AREA CODE 203/644-2511 August 19, 1991 The J. E. Shepard Company P.O. Box 415 East Windsor Hill, CT 06028 Location: 819 Main Street Dear Mr. Shepard: You are hereby notified that the following zoning violation exists on the property referenced above: Zone A-40 South Windsor Zoning Requlations Section 4 . 3 and 3 . 10 . 5 Type of violation: The property referenced above is currently being utilized as a professional office by The Writer' s Group. A variance was granted, see attached, that provides for "retail sales of note paper, cards, books, stationery and miscellaneous . " Although The Writer' s Group does do limited retail, the primary use would appear to be that of a professional office. A professional office is only allowed in the A-40 zone as a home occupation by someone residing on the premises . Corrective action required: Cease the use of the property as a professional office. ( If you desire to change the .non-conforming use to another non-conforming use, you must apply to the Zoning Board of Appeals per section 3 . 10 . 5 . ) Please take the necessary corrective action on or before 8/30/91. If this date for compliance does not allow for sufficient time to correct the problem, please contact me upon receipt of this letter. Should you fail to correct the violation by the date given, and do not contact me regarding the situation, it could result in action by the Town Attorney. If you have questions regarding this matter, call me at 644-2511 . Very truly yours, John E. McCahill, Zoning/Wetlands Enforcement Officer JEM/pmm cc: Robert Warren, Chairman, Zoning Board of Appeals Planning & Zoning Commission Charles Schad, 1236 Main Street Town Attorney t •rJr.Y Volume 533 Page _T° 079 002176 '• Y, Robert Warren of the South Windsor Zoning Board of Appeals, heraby certify that oa June 6 1974 , the Zoning Board of Appeals granted t0 !ia irat or*4ouse (Bette Bossen S Winston Abbott) . Box 1 . Pleasant Vallev Road. South Windsor (owner: Robert 11. Bossen) a variance to Section 3.10.5 ! Of the Zoning Regulations to allow change of non—conforming use from grocery 1 store to mail order and retail sales of note oaoer. cards, books, stationery and ' t Wiscellaneous on promises locatad at 819 Vain Street a p, Box l —_carol Shevard and more particularly bouaded and described as follows: I i A certain Pfa[a of Paresl of Land 1n the Town of South Windsor, boundad and daacribed a$ follo.s, to *it; • I C1:71"' cing at a point In the Meat firs of Win Str+rat, 14 fwt South of • C. H. 0. 1 y � 'The HOME OF CONNECTICUT BROADLEAF TOBACCO GROWER AND PACKER P. O. BOX 415 EAST WINDSOR HILL-, CONN. 06028 Juiy 2, 1996 Joe Carino Chairman of the ZBA Town of South Windsor So . Windsor , Ct . 06074 Dear Chairman: The J . E . Shepard Company owns property located at 819 main Street , historically known as Bossen 's Store . When Bob Bossen discontinued the store a variance was given by the town to allow Bob 's wife , Bette , and Mr . Winston Abbott to operate a Publishing company called Inspiration House Publishers and a gift shop The location has been used for various retail , wholesale , and business operations since Abbotts use of the building , each time by use of a temporary and conditional permit . You will note that John McCahill was concerned in his letter of 8/19/91 , that the use didn 't provide for retail use . At the suggestion of the Planning & Zone Department the ZBA is being asked to comment on the variance givan to this property and there by determine the need to file for ZBA temporary and conditional permitting every two years . if the traffic flow did not exceed what normally would be expected by uses allowed by "retail sales" as stated in the variance would "miscellaneous" allow all other retail sales if a "low profile" were maintained? Your commissions comments would be appreciated . Sincerely , Charles : . "Tim" Shepard J . E . Shepard Company P.O. Box #415 East Windsor Hill , Ct . 06028 Dyl N Se4 1540 SULLIVAN AVENUE •vSOUTH�WINDSOR, CONN. 06074 r►osoR,co�' AREA CODE 860/644-2511 Iuly 24, 1996 Mr. Tim Shepard J. E. Shepard P.O. Box 415 East Windsor Hill, CT 06028 Dear Mr. Shepard: In response to your letter written July 2 , 1996 to the Zoning Board of Appeals, the Commission member presently serving on the Board concur with a decision that was made in 1991 . After receiving the opinion of the Town Attorney, Richard Rittenband (Attachment A & B) , the ZBA should not interpret applications from previous years . It was felt that interpretations should be brought to the Zoning Enforcement Officer's attention for his ruling. After that, if anyone is aggrieved by the ruling, that person or persons could then appeal the Zoning Enforcements decision and bring the matter to the Zoning Board of Appeals in the form of an application. Very truly yours, A Jo ph J. CErrino, Chairman Zoning Board of Appeals JJC:dr Attmts .