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HomeMy WebLinkAboutVariance (1060) TOWN OF SOUTH WINDSOR Application # ' APPLICATION FOR Date `? -q—1 ZONING BOARD OFAPPEALS Receipt# IMPORTANT: This application must be submitted to the Planning Department by the second Friday of the preceding month to insure being heard at the next meeting. ALL ITEMS MUST BE ANSWERED AND ALL SUPPLEMENTS MUST BE SUBMITTED. THE APPLICATION WILL BE RETURNED IF INCOMPLETE. N.I.....fi� 8 . .; Nal ORI i 1. ",1`# 1 .:.::::::::.:.:::.......:::.:::::........ :.:::.:.:::::.::::::::::::::::::.:::::..:::::::::::::........ ........................::..::::....... 1. The application and supplements must be filed in duplicate,typed or printed in ink. 2. A Class D or better survey of the property in question must be submitted with the application showing streets, lot lines, building lines, zone boundary lines,dimension, and buildings present or proposed and buildings on adjacent properties and distance from subject property. 3. If a variance is being requested, a legal description and deed of the property must be submitted with the application. This description can be obtained from mortgage records. 4. The sign from the Planning Department must be displayed on the property at least 10 days prior to the public hearing in a location visible from all abutting streets. • The applicant, or a representative must be present for the public hearing. The time, date and place of the hearing will be advised by mail. • Inquiries on this application may be directed to the Planning Department at the South Windsor Town Hall. __......._......................._..._............__. ................._.........: .._........................._....................................................................................................................... ...................:..:.::. ::::::.... T1 1I::::..... _. . ......... . ...::::...::::::::.. ........................ :.... .......... 1. Applicant: Connecticut Department of Transportation 2. Mailing Address:�- 2800 Berlin Turnpike, P.O. Box 317546 Newington, CT 06131-7546 3. Telephone#: 860-594-2441 %Cf4JG NunncL 4. Owner of record of property in question: Westview Office Park 5. Location of property in question: 1050 Sullivan Avenue Assessor's Map # loo Parcel # 34 Zone Rn 6. Is applicant a corporation or co-partnership? (If Corporation, submit a list of officers. If co-partnership, submit a list of owners). A Governmental Condemning Author;U 7. Please indicate if the applicant is owner, lessee, or prospective tenant: See above SEC776 M�: V� �1 ATIlI1Y ea cur > <:<:::>::::....... 8. Check one of the following: i (X) Request Variance to Section 10.2 of the Zoning Regulations to allow A reduction is lot size area from 981184+ square feet to 82,643+ square feet (2 acres required-87,120 square feet) ( ) State hearing under Section of the General Statutes for O An appeal from the Zoning Officer's decision involving 9. Are sign(s) involved? YES or NO) If yes, submit complete sign information as outlined in sign information requirements. 10. If application is for a variance to Section 3.12, are there any liquor outlets within the restricted area, (500 feet)? YES or NO If yes, submit a list of the liquor outlets, their locations and distances from the property in question. 11. Is this property within 500 feet of another town line? - No 12. If requesting a variance state clearly the unusual hardship or exceptional difficulty on the property that prompts this application and indicate why other options are unacceptable. Use a separate sheet of paper if necessary. In conjunction with State Project No. 132-123 (Sullivan Ave., at Graham and Ayers Roads), and under CT General Statute. 48-24, failure to grant the variance ) use and occupancy of the remainder through no fault of their own. :::: r : : .........::::.:.:::::.::::.::::::::::::::::::::..:.::::.................:.::::::::::::.::..::::::::::::::::::::::::............:....:..::::::::::::::::.: 7s r y ` R9 Dated this �� day of 2 G year APPLICANT: (Si ure) Douglas M. Hummel (Agent for D.O.T.) OWNER: See Exhibit "A" & "B" (Signature) ACTION OF THE BOARD Granted: f`! Denied: r. Volume 4e25 Page N° 101 ?mot i FOR.w 17.7 CONNECTfCUT WARRANTY DEED ♦u��uM■ r. u.um u • r...orris. jREV. /7e .u..0.....:....u..+wx w.u....nae�oi :r- CZo all 13cople to Whom these JJresrnts shall (19ante, Ornting: gErtafu J!e, 10:11nt We. WARREN E. HOWLAND of the Town of Manchester, County of Hartford and State of Connecticut, and J. KIRBY HOLCOMBE of the Town of South Windsor, County of Hartford and State of Connecticut 0362 a' I for the consideration of a consideration other than money { received to our full satisfaction of WESTVIEW ASSOCIATES, a Connecticut partnership, of the Town of do give, grant, bargain, sell and confirm unto the said WESTVIEW ASSOCIATES, their he successors and assigns forever, that certain piece or parcel of land situated in the Town of South Windsor. County of Hartford and State of Connecticut, known as No. 1050 Sullivan Avenue, and more particularly 4 bounded and described as follows: _1 Beginning at a Connecticut Highway Department merestone ^i located at the intersection of the easterly line of Sullivan Avenue with the southerly line of Ayers Road; thence northeast 104 feet to a point; thence easterly along the southerly line of Ayers Road, 310 feet to a merestone at the intersection of 'xtx* the southerly line of Ayers Road and the westerly line of <•,, .� Graham Road; thence southerly along the westerly line of Graham Road. 111.79 feet to an iron pin; thence southwesterly along - Sy the westerly line of Graham Road. 45.45 feet to a point; thence __;ca continuing southwesterly and southerly along n curve being the apparent westerly line of Graham Road, 192.94 feet to a point; ��,,��•• ��- thence continuing southerly along the westerly line of Graham 214.69 feet to a point, which point is at the -' Road, ,, Intersection of the westerly line of Graham Road and the easterly line of Sullivan Avenue; thence northerly 26.19 feet '= to a Connecticut Highway Department merestone; thence continuing northerly along the easterly line of Sullivan Avenue. 544.70 feet to the Connecticut Highway Department merestone at the point and place of beginning. Said premises are subject to any and all provisions of any ordinance, municipal regulation, or public or private law; caveats, rights and easements as of record appear; and taxes to the Town of South Windsor on the List of "` 4= October 1, 1985, which taxes the Grantee herein assumes and agrees to pay as .t ' part consideration for this deed. Tax collected "No Conveyance Tax collected C;'_,.,t-„oath o rn(.t�7 th`1 inG;pT r r �s t:t' Exhibit "A" PINNEY, PAYNE, VAN LENTEN, BURRELL, WOLFE & DILLMAN, P.C. ATTORNEYS AT LAW A.SEARLE PINNEY 26 WEST STREET 006PJY S.PAYNE• NEW MILFORp OF/ICE THOMAS W,V..LENTEN POST OFFICE BOX 650 46 MAIN STREET HuoH NEW MILFORD,CONNECTICUT 06770 ROOfRT J.WOLFE DANBURY. CONNECTICUT 06810 (203)355-1181 FE _ J0"14 M.DILLMAN (203)743.2721 RIDGEFIELD OFFICE WILLIAM S.STEELE,JR. JEFFRCY S.SIEN KI[WIC2 ,OI MAIN STREET TED O.SACKER— RIDGEFIELD,CONNECTICUT 06677 (2031 436.3726 DAMES H.MALONEY COUNSEL MICHAEL S.MCKENNA THOMAS L.CHENEY ALFRED P.FORINO Nancy R. Si._nkiewicz'ALSO ADMITTED IN VA January 24 , 1986 PLEASE REPLY TO: New Milford --ALSO ADMITTED IN D.C.AND NY George R. Sullivan, Jr . , Chairman Zoning Board of Appeals Town of New Milford 24 Church Street New Milford, Ct. 06776 RE: Notification of Property Owners of Variable Application by DOT Dear Mr . Sullivan:. I have researched the issue of whether property owners whose land is to be condemned by a state agency must consent to the agency' s application for a variance. The answer is clearly, no . Section 48-24 of the General Statutes gives the condemning authority the power to obtain a variance for the portion of property which will remain after the taking. In Smith v. Zoning Board of Ap eals, 174 Conn. 323 ( 1978 ) , where the plaTiEnt-1171 —` property owners were neither notified of nor consented to the application for a variance , the Connecticut Supreme Court stated: The remaining issue in this appeal is the plaintiff' s claim that the granting of a variance without their consent violates their constitutional right to just compensation by forcing them to assume the financial risk of structural alteration or sale of property subject to a variance . We disagree . The plaintiffs , claims for consequential damages to the remaining land resulting from the partial taking could be considered by a trier of fact under General Statutes Section 13a-76 . Damages would be calculated by subtracting the ' Exhibit "A" PINNEY, PAYNE.VAN LENTEN, BURRELL,WOLFE 6 OILLMAN,P. C. George R. Sullivan, Jr. -2- January 23, 1986 market value of the remainder after the taking from the market value of the property just prior to the taking. Laurel , Inc . v. State, 169 Conn. 195, 205 , 362 A, Meri en V. Highway Commissioner, 169 Conn. 65 ; Mr . Douglas Hummel of the Department of Transportation plans to notify the record owners- of the property to be condemned for the Lower Grove Street connection of the variance applications by certified mail . This method of notification is obviously sufficient . The Hoard should consider the variance applications submitted by the Department of Transportation under these circumstances . 5inccc rc Jeffrey B . Sienkiewicz New Milford Town Counsel By Nancy R.enTiewicz` N /lc Douglas Hummel Exhibit "B" 5t�f e of (I"annrcti.rut JOSEPH 1. LIEBERMAN s ATTORNEY GENERAL OFCONN COffirr of Zoe Attarnru (6meral 90 BRAINARD ROAD HARTFORD, CT 06114 Telephone : 566-2257 February 28, 1986 Douglas M. Hummel Assistant Property Agent Office of Rights of Way Department of Transportation 24 Wolcott Hill Road Wethersfield , CT 06109 Dear Mr . Hummel : With reference to our conversation concerning Conn. Gen . Stat. 9 48-24 as of this date I have examined an opinion letter dated January 24, 1986 by the law firm of Pinney, Payne , Van Lenten, Burrell , Wolfe & Dillman , P.C. addressed to the chairman of the New Milford Zoning Board of Appeals. Please be informed that I am completely in agreement with said opinion. Very truly yours, JOSEPH I. LIEBERMAN ATTORNEY GENERAL V Paige Everin Assistant Attorney General PE: rw ys�tOw N Se - a u m 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 �c SOR-CO AREA CODE 860/644-2511 May 5, 1997 CERTIFIED #P462497796 State of Connecticut Department of Transportation Attn: Mr. Douglas M. Hummel 2800 Berlin Turnpike P.O. Box 317546 Newington, CT 06131-7546 Re: Appl. #2350-97 - Connecticut Department of Transportation, 2800 Berlin Turnpike, P.O. Box 317546, Newington, CT., request for a variance to Section 10.2 to allow a reduction in lot size from 98,184+ square feet of 82,643+ square feet, (87,120 square feet required), on property located at 1050 Sullivan Avenue, RO Zone. Dear Mr. Hummel: At the meeting of the South Windsor Zoning Board of Appeals held on May 1, 1997, the Board approved your request for a variance to Section 10.2 to allow a reduction in lot size from 98,184+square feet to 82,643+ square feet, (87,120 square feet required), on property located at 1050 Sullivan Avenue, RO Zone. The Board concluded the hardship is that since the State and Town are in agreement to move Ayers Road, the property size will be reduced. There is no additional land available to make up for land being taken. Condition: Town Council must modify the open space easement currently on the property. These actions are effective upon your filing the enclosed form in the Town Clerk's Office at your own expense. Very truly yours, seph J. Carino, Chairman Zoning Board of Appeals JJC:dr cc: Building Department I,Joseph J. Carino, Chairman of the South Windsor Zoning Board of Appeals hereby certify that on May 1, 1997, the Zoning Board ofAppeals granted to: State of Connecticut, Department of Transportation a variance to Section 10.2 to allow a reduction in lot size from 98,184+square feet to 82,643+ square feet, (87,120 square feet required), RO Zone. on premises located: 1050 Sullivan Avenue and more particularly bounded and described as follows: Beginning at a Connecticut Highway Department merestone located at the intersection of the easterly line of Sullivan Avenue with the southerly line of Ayers Road; thence northeast 104 feet to a point; thence easterly along the southerly line• of Ayers Road. 310 feet to a merestone at the intersection of the southerly line of Ayers Road and the westerly line of i Graham Road; thence southerly along the westerly line of Graham Road. 111.79 feet to an iron pin; thence southwesterly along the westerly line of Graham Road. 45.45 feet to a point; thence continuing southwesterly and southerly along a curve being the apparent westerly line of Graham Road, 192.94 feet to a point; thence contlnuing southerly along the westerly line of Graham Road. 214.69 feet to a points which point is at the intersection of the westerly line of Graham Road and the easterly line of Sullivan Avenue; thence northerly 26.19 feet to a Connecticut Highway Department merestone; thence continuing northerly along the easterly line of Sullivan Avenue, 544.70 feet to the Connecticut Highway Department merestone at the point and place of beginning. OWNER OF RECORD: MIT Realty Partners, Daniel M. &Patti L.Segal, Kirby J. Holcombe, Daniel J.&Dawn C. Thibodeau, Manchester Memorial Hospital, Carlos W. Vildozola and Michael Passar Dated at South Windsor, Connecticut this 2nd day of May 1997. 7 _ ] ephj. ari , Chairman PUBLIC ACT#75-317 Received for Record this day of 1996 at VOLUME PAGE TOWN CLERK LL ARTFORD C L.vv l�i;,�UV l.Vlvl lvl.ULUI� � T 06107 604 032 25 1.00 9,470 OTBLDG..S, - - - GRO N LIST OWNERS-NAME AND ADDRESS DST LOCATION-MAP-VOL-PAGE CAT UNITS AMOUNT EXEMPTIONS BTR --------------------------------------------------------------------------------------------------------------------------------------- 396 BANK OF SOUTH WINDSOR *** 87301000 SULLIVAN AV 11 1.00 31,500 RES.LAND 32,300 32,300 1695 ELLINGTON RD 100 29 12 .38 800 EXCESS AC 789 187 395 BANK OF SOUTH WINDSOR *** 87301006 SULLIVAN AV 21 0.22 50,510 COMM LAND 70,200 70,200 1695 ELLINGTON RD 100 30 22 1.00 19,690 COMM.BLDG.S 789 187' 7250 PETRAITIS ROSE D *** 87301014 SULLIVAN AV 11 0.43 31,500 RES.LAND 75,780 751780 1014 SULLIVAN AVENU 100 31 13 1.00 44,280 DWELLINGS 261 119 628 BERKOWITZ JEROME J *** 87301017 SULLIVAN AV 21 1.27 80,010 COMM LAND 247,100 247,100 507 TWIN CIRCLE DR 100 36 22 1.00 157,000 COMM.BLDG.S 446 208 25 1.00 10,090 OTBLDG.S 3807 HALL RALPH C MARY T SURV *** 87301024 SULLIVAN AV 11 0.40 31,500 RES.LAND 104,490 101,490 1024 SULLIVAN AVENU 100 32 13 1.00 66,210 DWELLINGS AAA 2,000 -- 048 057 14 2.00 6,780 outbldgs CAB 1,000 6388 MLT REALTY PARTNERS 16 87301050A SULLIVAN AV 24 1.00 77,620 C.CONDO.S 77,620 77,620 1050 SULLIVAN AVENU 100 34 Al UNIT Al 546 335 8288 SEGAL DANIEL M & PATTI L *** 87301050B SULLIVAN AV 24 1.00 91,480 C.CONDO.S 91,480 91,480 1050 SULLIVAN AVENU 100 34 A2 UNIT A2 532 584 4145 HOLCOMBE J KIRBY *** 87301050C SULLIVAN AV 24 1.00 99,790 C.CONDO.S 99,790 991790 1050 SULLIVAN AVENUE 100 34 A3 UNIT A3 583 530 9119 THIBODEAU DANIEL J & DAWN C *** 87301050D SULLJAV 24 1.00 236,540 C.CONDO.S 236,540 236,540 85 DEBBIE DR 100 34 A4 S WINDSOR CT 06074 557 220 5821 MANCHESTER MEMORIAL HOSPITA *** 87301050E SULL24 1.00 150,920 C.CONDO.S 150,920 1509920 C/O MANAGEMENT 100 34 B1 PO BOX 664 583 463 MANCHESTER CT 06040 9476 VILDOZOLA CARLOS W & PASSAR *** 87301050E SULL24 1.00 158,770 C.CONDO.S 158,770 158,770 MICHAEL ETAL 100 34 B2 1050 SULLIVAN AVENU 559 394 UNIT B2 6389 MLT REALTY PARTNERS *** 87301050E SULL24 1.00 66,070 C.CONDO.S 66,070 66,070 1050 SULLIVAN'AVENU 100 34 C1 UNIT C1 546 335 --- --- ---- ------ --- --- --- --- --- PAGE TOTAL 12 RECORDS 3,000 EXEMPTIONS 1,408,060 NET ASSESSMENT 396 BANK 71 _._.:;.