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ZONING BOARD OF APPEALS MEMORANDUM
DATE: JULY 17, 2008
TO: MAYOR JASKIEWICZ
FROM: TOM SANDERS
RE: ZONING BOARD OF APPEALS
APPLICATION 208-ZBA-6 JOSEPH & MICHELLE TYCZ, BEACH LANE
The above-noted applicants, Joseph & Michelle Tycz, have filed an application for a
variance with the Zoning Board of Appeals. The enclosed site plan prepared by A-2
Maps and Surveying, which was submitted as part of this application, shows an area
delineated as 15’ R.O.W. They claim ownership to this land.
A site plan from an abutting parcel, owned by Scarpa, prepared by Quality Control
Surveys, also shows the Right of Way, but references that the Right of Way property is
owned by the Town of Montville.
Before the ZBA can proceed to make a determination as to if the requested variances are
to be granted or denied, the matter of the "Right of Way" ownership needs to be clarified.
The Board meeting is scheduled for August 6th, so time is certainly of the essence.
Could you have the Town Attorney review the matter and provide his comment to the
Board. In order to facilitate this review, I am enclosing the following:
1. Plan showing Property of Joseph & Michele Tycz prepared by A-2 Maps and
Surveying dated July 4, 2008
2. A copy of a portion of the 1927 map prepared by Chandler & Palmer which
depicts the Right of Way area in question.
3. A copy of the Property Survey prepared for Stephen A. & Cary A. Scarpa
prepared by Quality Control Surveys dated October 22, 2006.
4. A copy of the Minutes from the October 2, 1944 Town meeting which Quality
Control Surveys references in the notes on the Scarpa plan.
5. A copy of the Scarpa’s deed recorded at Volume 310 page 825.
6. A copy of the following relative to the Tycz property:
a. Quit claim deed recorded at Volume 310 page 825
b. Quit claim deed recorded at Volume 224 Page 2.
c. Certificate of Devise recorded at Volume 142 Page 537.
d. Quit claim deed recorded at Volume126 Page 236.
Should you need anything further, please contact me.