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Zoning Board of Appeals Agenda 05/17/2016 Approved
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TUESDAY, MAY 17, 2016

 

REGULAR MEETING

 

SENIOR CENTER

HOLLY GREEN PLAZA

391 NORWICH-WESTERLY ROAD

NORTH STONINGTON, CT  06359

 

 

MINUTES APPROVED ~ JANUARY 17, 2017

 

1.   CALL TO ORDERChairman Charlie Burger called the Regular Meeting of the North Stonington Zoning Board of Appeals to order at 7:00 p.m. at the Sr. Center, Holly Green Plaza.

 

BOARD MEMBERS PRESENT Charlie Burger, Chairman, James Lord, Vice-Chair, Candy Palmer, Robin Hall, and Heather Chrissos 

 

COMMISSIONERS ABSENTAlternate Members Gary Thompson, Anne Nelson and Amy Kimball

 

STAFF PRESENTSr. Planner/ZEO Tom Zanarini and Administrative Assistant Cheryl Konsavitch 

 

2.  ADDITIONS TO THE AGENDANone   

 

3.   PUBLIC HEARINGS

 

ZBA Application #16-001, of Mark Joseph Bushy, (David & Lisa Bushy, Custodians) for property known as 66D Billings Lake Road (Billings Road), North Stonington, CT  06359, located on the west side of Lake Billings approximately 250 feet, south east from the intersection of Cedars Road with Cedars Road in an R-80/SUO Zone (Seasonal Use Overlay District).  Tax Map #45, Parcel #6358.  Applicant is appealing from an order, requirement, or decision made by the Zoning Enforcement Officer regarding the ability to utilize a lot as a seasonal building lot. 

 

Chairman Burger read the Rules of Procedure into the record.

 

Seated:  C. Burger, J. Lord, R. Hall, C. Palmer, H. Chrissos

 

Lisa and David Bushy were present and went over their appeal stating they were informed by a letter from the ZEO concerning the zoning status of their lot, stating their lot could not be used for a habitable structure for seasonal use as it does not meet the dimensional requirements of the zone.  Mrs. Bushy stated it had an existing cabin like structure and for 50 plus years, the Town taxed the property as a seasonal building lot, and in 2012 it was abruptly changed and they have been seeking a resolution.

 

ZEO Zanarini went over his review of the appeal of the ZEO’s letter of March 7, 2016 concerning the zoning status of their lot.  ZEO Zanarini stated the appeal is based on Sections 704, 501 and 305.3 of the Zoning Regulations.

 

Chairman Burger asked if there was anyone from the public speaking in favor of this application.  There were none.

 

Chairman Burger asked if there was anyone from the public speaking against this application.  There were none.

 

Chairman Burger asked if there were any general remarks or comments from the public regarding this application.  There were none.

 

Mr. Bushy summarized the appeal being taken with the Board.

 

Mrs. Bushy submitted an assessment parcel map (Exhibit A) for the record.

 

MOTION by C. Palmer, SECOND by H. Chrissos to close the Public Hearing on application #16-001.  MOTION CARRIED UNANIMOUSLY

 

4.   PENDING APPLICATIONS:  

 

ZBA Application #16-001, of Mark Joseph Bushy, (David & Lisa Bushy, Custodians) for property known as 66D Billings Lake Road (Billings Road), North Stonington, CT  06359, located on the west side of Lake Billings approximately 250 feet, south east from the intersection of Cedars Road with Cedars Road in an R-80/SUO Zone (Seasonal Use Overlay District).  Tax Map #45, Parcel #6358.  Applicant is appealing from an order, requirement, or decision made by the Zoning Enforcement Officer regarding the ability to utilize a lot as a seasonal building lot. 

 

Seated:  C. Burger, J. Lord, R. Hall, C. Palmer, H. Chrissos

 

The Board discussed.  C. Palmer stated that from what she has heard it is a pre-existing lot of record that was being utilizing with an overnight dwelling unit.  The Town has been taxing them for all these years as a seasonal lot and by denying them it would be a taking or inverse condemnation.

 

MOTION by C. Palmer, SECOND by R. Hall to uphold the right of Mark Joseph Bushy (David & Lisa Bushy, Custodians) to overturn the ZEO’s decision to uphold their right to build a structure as a seasonal use.  MOTION CARRIED UNANIMOUSLY.

 

5.   NEW APPLICATIONSNone 

 

6.   NEW BUSINESS: None

 

7.   OLD BUSINESSNone 

 

8.   CORRESPONDENCENone

9.  REVIEW MINUTES:

 

Review minutes of April 19, 2016 meeting

 

MOTION by C. Palmer, SECOND by J. Lord to accept the minutes of April 19, 2016 as written.  MOTION CARRIED UNANIMOUSLY.

 

10.   ADJOURNMENT:

 

MOTION by C. Palmer, SECOND by J. Lord to adjourn the meeting at 7:30 p.m.  MOTION CARRIED UNANIMOUSLY.

 

     Respectfully Submitted,

 

     Cheryl Konsavitch

 

    Cheryl Konsavitch, Administrative Assistant

    Zoning Board of Appeals