LEGAL APPROVAL
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RESOLUTION NO. 89
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A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
ABANDONING A FOURTEEN FOOT UNIMPROVED
. '-SERVICE ALLF.Y....;- ~A.llJ l:'ROPERTY BEING MORE
-PARTICULARLY DESCRIBED HEREIN;
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A DISCLAIMER FOR SAID ALLEY;
PROVIDING THAT THE ATTACHED DISCLAIMER
BE RECORDED IN THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
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WHEREAS, Siteworks Architects and Planners, Inc., as
agent for owner of said property, has requested the
abandonment of the hereinafter described fourteen (14') foot
alley; and
WHEREAS ,
comments have been solicited from the
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: appropriate City Departments; and
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WHEREAS, public hearings have been held before the
City's Planning and Zoning Board and the City Commission on
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the proposed abandonment; and
WHEREAS, based on the foregoing information, the said
alley no longer serves any useful purpose.
NOW, THEREFORE, BE IT .RESOLVED BY THE CITY COMMISSION
;
'OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1:
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The City of Boynton Beach, Florida, by
'and through its City Commission, does hereby abandon a
certain fourteen (14') foot alley located in the City of
. Boynton Beach, Florida, attached hereto as Exhibit "A".
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Section 2:
The Mayor and City Clerk are hereby
: authorized and directed to execute and deliver the attached
',Disclaimer and cause the same to be filed in the Public
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:Records of Palm Beach County, Florida.
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Section 3:
This Resolution
shall take
effect
immediately upon passage.
PASSED AND ADOPTED THIS ~ day of
MQ..IV"~ h , 1989.
CITY OF BOYNTON BEACH, FLORIDA
C?~f{ [rPkt~
Mayor ;)
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Vl. Mayor
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Commissioner
OQ~'
Commissioner
~tJ~
Commissioner
ATTEST:
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(Corporate Seal)
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EXHIBIT "A"
That certain fourteen foot (14') alley
lying North of, adjacent and abutting to
Lots 21, 22, 23 & 24 inclusive in Block
1 of SHEPARD FUNK ADDITION as recorded
in Plat Book 1, Page 15, Palm Beach
County, Florida.
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DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City of Boynton
Beach, Florida, a municipal corporation, under the laws of
the State of Florida, does hereby abandon and disclaim a
certain 14 foot alley, situated and located in Palm. Beach
County, Florida, attached hereto as Exhibit "A".
IN WITNESS WHEREOF, the duly authorized officers of the
City of Boynton Beach, Florida, have hereunto set their
hands and affixed the seal of the City this ~ day of
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, 1989.
';ATTEST:
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Mayo
STATE OF FLORIDA
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COUNTY OF PALM BEACH
BEFORE ME, the undersigned authority,
personally
appeared ~LPH' /Jf/l/?CZ#ES€' and b6/'"'7Y s:
~RONI , Mayor and City Clerk respectively, of
the City of Boynton Beach, Florida, known to me to be the'
'persons described in and who executed the foregoing
instrument, and acknowledged the execution thereof to be
their free hand and deed as such officers, for the uses and
. purposes mentioned therein; that they affixed thereto the
t.
official seal of said corporation; and that said instrument
is the act and deed of said corporation.
WITNESS, my hand and official seal in the said State
and County this 7
day of
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, 1989.
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No ry Public, State 0
Florida ','..
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MEMORANDUM
September 7, 1988
TO: CHAIRMAN AND MEMBERS
PLANNING AND ZONING BOARD
FROM: CARMEN S. ANNUNZIATO, PLANNING DIRECTOR
RE: KENTUCKY FRIED CHICKEN
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After having submitted a site plan for review by the Technical
Review Board at the August 2, 1988 meeting which incorporated a
fourteen (14) foot wide unimproved service alley located along
the north side of the property, the project architect was
informed that the north seven (7) feet of this alley could not be
utilized without a land use element amendment/rezoning request
from "Medium Density Residential" land use to "Local Retail" land
use and a concurrent rezoning from R-2 to C-3. An application
for this change has since been submitted and is being processed
for October pUblic hearings.
~ Based on the above, it is recommended that this project be
postponed and that the public hearings for the abandonment (item
6.A.1), the parking lot variance (item 6.A.2) and the Conditional
Use (item 6.A.3) be continued to the October 11, 1988 meeting at
8:00 p.m. An announcement should also be made that the public
hearings for the abandonment and conditional use requests will be
held before the City commission on October 18th at 7:00 p.m. or .
as soon thereafter as the agenda permits.
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CARMEN s. ANNUN IATO f
CSA::r.o
cc City Manager
Central File
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MEMORANDUM
September 14, 1988
TO: Mr. Jim Golden
Senior City Planner
FROM: Torn Clark
City Engineer
.RE: Alley Abandonment, N.W. corner of N.E. 1st, Street and
Boynton Beach Blvd.
Copies of letters from Utility Companies concerning this are
listed below:
1. Letter dated August 25, 1988 fro'm Southern Bell
2. Letter dated August 18, 1988 from Florida Power & Light
3. Letter dated August 16, 1988 from Florida Public Utilities
4. Letter dated August 17, 1988 from Comcast Cable
Based on the responses from the Utility Companies, appropriate
easements and/or relocations will be required at the expense of
the Developer if the alley was abandoned.
This alley is utilized by City service vehicles. Routing thru
private property will be required if alley was abandoned.
Vo-:~
Torn Clark
TAC/ck
attach"
cc: Sue Kruse, Deputy City Clerk
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326 Fern Street. Room 501 \'\. l L\
West Palm Beach, Florida ,O~ I
(407) 837-6355
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Southern Bell
P. S. Davis
District Engineer
August 25, 1988
Mr. 'Ibomas A. Clark, P.E.
City Engineer
P. o. Box 310
Boynton Beach, FL 33435-0310
RE: Alley Abandornnent - N. W. comer of N. E. 1st, street and Boynton
Beach Boulevard (Kentucky Fried allcken)
Dear sir:
'!his is to advise that Southern Bell has telephone facilities located
in the subject right-of-way and is opposed to an abandornnent but
would be amendable if an easement is granted that would cover the
location of our facilities.
Yours tn1ly,
\],~
r District Engineer
MEG/rr
A BEllSCVTH Company
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BOX 2409, DELRAY BEACH, FL 33447.2409
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August 18,
1988 n
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Mr. Thomas A. Clark, P.E.
City Engineer
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33435
Re: Abandonment of 14' wide alley, N.W. corner of
N.E. 1st Street & Boynton Beach Blvd.
(Kentucky Fried Chicken) Boynton Beach
Dear Mr. Clark:
We have reviewed the referenced request to abandon the 14'
wide alley at the above location. Presently we have an over-
head electric line located in this alley. We have no objection
to the abandonment if a 12' utility easement is granted to Florida
Power & Light Company, to protect the existing facilities.
If I can be of further assistance, please do not hesitate to
contact me.
.
Sincerely,
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M. A. Villavicencio
Supervising Engineer
MAV/nac
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an FPL Group company
COMPANY
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PUBLIC
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_DORIES' -1:-1." TO CO............ AT
P. O. Drawer C
West Palm Beach, Florida 33402
August 16, 1988
Mr. Thomas A. Clark
City Engineer .
City of Boynton"Beach
P. O. Box 310
Boynton Beach, Florida 33435-0310
Dear Mr. Clark:
In reply to your letter of August 11, 1988, we wish to advise that Florida
Public Utilities Company has no objection to the abandonment of the alley
right-of-way lying north of and adjacent to the north line of Lots 21
through 24 of Block 1 of the Shepard-Funk Addition to the City of Boynton
Beach.
At the present time, we have no underground gas distribution facilities
located within the above described alley right-of-way.
Yours very truly,
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B. R. Becker
Engineer
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Comcast Cablevision
01 West Palm Beach. Inc.
1421 Oglethorpe Road
West Palm Beach, Florida 33405
(305) 659-6359
~ COIVICAST
August 17, 1988
CITY OF BOYNTON BEACH
120 NE 2nd Ave
PO Box 310
Boynton Beach, FL 33435-0310
ATTN: Thomas A. Clark -
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RE: Alley Abandonment - N.W. corner of N.E. 1st Street and Boynton
Beach Blvd. (Kentucky Fried Chicken)
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Dear Mr Clark;
Comcast Cablevision of West Palm Beach has aerial cable attached to
Florida Power & Light pole line on north side of alley. Comcast
does not wish to abandon.
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If there is anything else I can help you with please call me at 659-6359.
Sincerely; ~cj
Dominique Aumais
Construction Coordinator
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Comcast Cablevision
01 West Palm Beach, Inc.
1421 Oglethorpe Road
West Palm Beach, Florida 33405
(305) 659-6359
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9ct?ber 7, 1988
Mr. Thomas A. Clark, P.E.
City Engineer
P.O. Box 310
Boy ton Beach, FL 33435-0310
Re: Alley Abandonment - NW corner of NE ist Street and Boy ton Beach Blvd.
(Kentucky'Fried Chicken)
Dear Sir:'
This is to advise that Comcast Cablevision has cable facilit~es located in
the subject right-of-way and is opposed to an abandonment, but would be
amendable if an easement is granted that would cover the location of our
facilities.
Yours truly,
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Domonique Aumais,
Construction Coordinater
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MEMORANDUM
TO: Mr. Carmen Annunziato
Planning Director
DATE: August 24, 1988
FROM: Betty S. Boroni
City Clerk
RE: Kentucky Fried Chicken
Abandonment Application
Attached please find a copy of a memo from John Guidry giving comments
on the referenced abandonment application scheduled to be heard by the
Planning & Zoning Board on September 13.
Be~7;!~
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Attachment
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'RECEIVED
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MEMORANDUM
Date:
Sue Kruse, Deputy City Clerk Q ~.
John A. Guidry, Director of Utilitie~ .
August 12, 1988
To:
From:
Subject:
Alley abandonment north of proposed site for
Kentucky Fried Chicken ~
The 1411 wide alley contains a 611 water main and also an 8" gravity
sewer. These mains service the subject site, plus all properties
immediately to the north and west of the site. The mains must remain
in operation, as there is no other way to service these properties:
We have no objection to abandonment of the alley, provided a'suitably
sized easement is dedicated.
Judging from the preliminary site plans we have seen, the water main
will have to be relocated to avoid a proposed wall. Existing water
services will also have to be replaced if the main line is relocated.
If the alley is abandoned, said abandonment must be conditioned upon
the dedication of a new easement to accommodate the final configura-
tion of all mains and services. Any relocation or replacement of
existing piping must also be done at developer#sexpense.
dmt
bc: Peter Mazzella
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MEMORANDUM
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August 13., 1988
TO: SUE KRUSE, DEPUTY CITY CLERK
FROM: CARMEN S. ANNUNZIATO, PLANNING DIRECTOR
RE: KENTUCKY FRIED CHICKEN ABANDONMENT APPLICATION
With respect to the above-referenced request, please be advised
of the follow~n~:
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1)
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The implementation guidel~nes for the Boynton
Beach.Boulevard Urban Design Plan encourage
right-of-way abandonments that will encourage
land assemblage and redevelopment.
2) The proposed Kentucky Fried Chicken restaurant
does not meet the above criteria in that there
is no land assemblage or redevelopment of
existing land uses.
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3) Staff has indicated that this alley is
currently utilized for the provision of public .'
services and for rear service access to the
existing commercial land uses which lie to
the west.
Based on the above, it may not be desirable to approve the
abandonment of this alley.
CA~;;-S. - ANN~IA~
CSA:ro
cc Central File
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APPLICATION TO ABANDON/VACATE
BOYNTON BEACH PLANNING DEPARTMENT
APPLICATION INFORMATION FORM
NOTE:
This form must be filled out completely and accurately
and must accompany all applications submitted to the"
Planning Department. (Three (3) copies of application
are required.)
PROJECT NAME:
Kentucky Fried Chicken Restaurant
AGENT'S NAME:
Siteworks Architects and Planners, Inc.
AGENT'S ADDRESS:
1301 N. Congress Avenue, Suite 320
Boynton Beach, FL 33426
AGENT'S PHONE:
407-737-9606
OWNER'S NAME:
(or Trustee's)
Juan Gavilan
OWNER'S ADD:RESS:
2145 N.W. 14th Street
Delray Beach, FL 33445
OWNER'S PHQNE:
407-243-0219
PROJECT LOCATION: Northwest Corner of N. E. 1 st Street and Boynton Beach
(not legal description)
Boulevard, Boynton Beach, Florida.
CORRESPONDENCE
ADDRESS: * Si teworks Architects and Planners, Inc.
(if different than
agent or owner) 1301 N. Congress Ave., Suite 320, Boynton Beach, FL 33426
* This is the address to which all agendas, letters and
other materials will be forwarded.
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APPLICATION TO ABANDON/VACATE
The undersigned, pursuant to Ordinance NO. 76-27 of the City of
Boynton Beach, Florida, hereby applies to the City commission to
vacate, abandon, and discontinue the,
(check one):
x ) ALLEY
) STREET
) SPECIAL PURPOSE EASEMENT
) OTHER NONFEE INTEREST OF THE CITY
as described in attached Exhibit "A", and to renounce and dis-
claim any right of the City and the public in and to any land in
connection therewith. .
Said application is to be filed with the Planning Department in
triplicate and applications involving more than one of the above
listed nonfee interests shall be filed separately. Each appli-
cation so filed shall be complete in every respect.
The undersigned hereby certify:
1. That a complete and accurate legal description! with the
specific property interest sought to be vacated or abandoned, in-
cluding where possible a plat map or drawing showing the general
area and location involved, is set forth in Exhiqit "A" attached
hereto.
2. That the title or interest of the City and the public in and
to the specific property interest described above was acquired
and is evidenced by,
(check one):
)
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DEED
DEDICATION
PRESCRIPTION
Recorded in Shepard' funk Addition Book 2, Page 15 , and
Public Records of Palm Beach County, Florida.
3. That no. similar application has been considered by the City
at any time within six (6) months of the date hereof, and should
this application be granted, such abandopment and vacation will
prevent no other property owners from access to and from their
property and no other property owners in the vicinity will be
adversely effected.
4. That the above described property interest is under the
control and jurisdiction of the City commission of the City of
Boynton Beach, Florida; is not a part of any state or federal
highway system; and was not acquired or dedicated for state or
federal highway purposes.
5. That the following constitutes a complete and accurate
schedule of all owners and occupants bounding and abutting the
property interest described above.
NAME
ADDRESS
1).Capt.Walter H. Lyman & Mildred M.
2) 'Gordon Crawley
136 N.E. 3rd Ave., Boynton Beach, fL 33435
313 N.E. 1st St., Boynton Beach, fL 33435
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6. That the following grounds and reasons are submitted in
support of this application:
In order to provide a 7' landscape buffer and meet the requirements for the New
Boynton Beach Boulevard Urban Design Plan for parkinq, we will need the additional
land. We will still provide the same access throuqh our paved parkinq lot that the
alley provided, while improving the road and creating a landscape buffer to the north.
Cl
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DATED:
7 /~5/8D
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APPLICANT(S) NAME (PLEASE SIGN)
ADDRESS
,
2145 N.W. 14th Street
Delray Beach, FL 33445
313 N.E. 1st St..
Boynton Beach, FL 33435
136 N.E. 3rd Ave.
Boynton Beach, FL 33435
3015 S. Ocean Blvd.
Hiqhland Beach,FL 33431
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STATE OF FLORIDA
COUNTY OF PALM BEACH
The above named applicant(s) being first duly sworn by me the
day and year above indicated, deposed and stated that he
are/is the applicant(s) in the foregoing Application to-Xbandon/
Vacate; that they have read the same and that the facts therein
set forth are true and correct to the best of their knowledge.
J1( Qlt.,~~:OU~~
NOTARY'PUBLIC, State of Florida
\
M C E'. NOTARY PUDLIC. STATE OF FLORIDA
Y onunission xP.J.res. :M)'.COMMISSION EXPIRES AUG. 20. l'gg04
'1IJ~.tlD"D THRU NQTARY PUBLIC UNDERWRITER",
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SEP 26 1988
PLANN\NG OE~T. .
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6-19-87
/7
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of
the CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC
HEARING on September 13, 1988 at 7:30 P.M. at Pineland Plaza,
Commission Chambers, .211 S. Federal Highway, Boynton Beach,
to consider an application to ABANDON an alley submitted by
property owners Juan Gavilan, Gordon Crawley, Walter Lyman
and Anthony Mannino, for a Kentucky Fried Chicken Restaurant
on a parcel of land more particularly described as follows:
That certain fourteen foot (14') alley lying North
of, adjacent and abutting to Lots 21, 22, 23 & 24
inclusive in Block 1 of SHEPARD FUNK ADDITION
as recorded in Plat Book 1, Page 15, Palm Beach
County, Florida.
A PUBLIC HEARING will be held by the City Commission of the
City of Boynton Beach on the above request on September 20,
1988 at 7:00 P.M. at Pineland Plaza, Commission Chambers, or
as soon thereafter as the agenda permits.
All intereted parties are notified to appear at said
hearings in person or by attorney and be heard. Any person
who decides to appeal any decision of the Planning & Zoning
Board or city Commission with respect to any matter con-
sidered at these meetings will need a record of the pro-
ceedings and for such purpose may need to ensure that a
verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is
to be based.
BETTY S. BORONI
CITY CLERK
CITY OF BOYNTON BEACH
pc
PUBLISH: THE POST
August 28 & September 4, 1988
cc: Mayor and City Commissioners
City Attorney
Recording Secretary
City Manager's Secretary
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;KENTUCKY;;FRIED'i~bhflcKEN ..
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Grayarc ·
P.O: tlox 2'e'44
. Hartford. CT 06104.2944
CALL TOLL FREE: 1-800.243.5250
REPLY MESSAGE
Fold At (.) To Fit Grayarc Window Envelope" EW10P
REORDER ITEM" F269 '-.....'
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FROM
TO
Mr. Carmen Annunziato
Planning Director
Sue Kruse
Deputy City Clerk
SUBJECT:
Application for P & Z Meeting of 9/13/88
DATE:
8/9/88
,"OLD.
Attached please find a copy of an alley abandonment application
submitted for Kentucky Fried Chicken Restaurant.
Please review and advise of your recommendations for approval or
disapproval in accordance with Sec. 22-40(a)(1) of the code.
Thank you.
PLEASE REPLY TO
.
SIGNEJ~
Sue Kruse
REPLY
RECEIVED
AUG 10 1988
PLANNING DEPT~
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DATE:
SIGNED
Item" F269 Grayarc. P.O. Box 2944. Hartford. CT 06104.2944
e Wheeler GrouP. Inc. 1982 THIS COpy FOR PERSON ADDRESSED