TUESDAY, MAY 15, 2007
SENIOR CENTER
HOLLY GREEN PLAZA
391 NORWICH-WESTERLY ROAD
NORTH STONINGTON, CT 06359
MINUTES APPROVED ~ JUNE 19, 2007
1. CALL TO ORDER: Chairman Burger called the Regular Meeting of the North Stonington Zoning Board of Appeals to order at 7:03 p.m. at the Sr. Center, Holly Green Plaza.
COMMISSIONERS PRESENT: Charlie Burger, Chairman, Allana York, Vice-Chairman Candy Palmer, Secretary (7:08 p.m.), Winnie Pattison, Treasurer and Alternate Members Wayne Wilkinson and Richard Bennardo
COMMISSIONERS ABSENT: Helen Quallich and Alternate Member William Ricker
STAFF PRESENT: Craig Grimord, Sr. Planner & Zoning Official, Administrative Assistant Cheryl Konsavitch and ZBA Attorney Frank Eppinger
2. ADDITIONS TO THE AGENDA: None
3. PUBLIC HEARINGS:
A. ZBA Application #07-002, of Olga Travers, for property known as 59 Hangman Hill Road, located on the West side of Hangman Hill Road, approximately 450’ Northerly of the intersection of Hangman Hill Road and Reutemann Road. Applicant is requesting a reversal of the Zoning Enforcement Officers decision regarding the use of the referenced property. Tax Map #103/2742, Lot #56/7086 (PH set for 5/15/07; Received on 4/17/07 & Board to set for PH must close on or by 6/17/07)
Atty. Frank Eppinger submitted a letter to the Commission pertaining to this application and stated to the Commission that they would not be opening the Public Hearing.
Chairman Burger read the letter from Atty. Eppinger into the record which stated that the Zoning Board of Appeals has no jurisdiction on this appeal.
Atty. Eppinger stated that after reviewing the application it appears to be an appeal pertaining to oral remarks that were made at a pending appeal. According to the statues, orders on decisions of the ZEO, in writing, are appealable.
B. ZBA Application #07-003, of Green Falls Associates, L.L.C. & Ashwillet Brook, L.L.C. for property located on the Southerly side of Lake of Isles Road, at the Town Line with Preston, approximately 2,000 feet easterly of the intersection of Lake of Isles Road and Watson Road in an R-80 Zone. Applicant is appealing the decision of the Zoning Enforcement Officer to deny property line adjustment application #07-036. Tax Map #54, Parcel #6567
(PH set for 5/15/07; Received on 4/17/07 & PH must close on or by 6/17/07)
Chairman Burger read the application into the record.
Seated: C. Burger, A. York, W. Pattison, C. Palmer, R. Bennardo
Atty. Harry Heller representing Green Falls Associates, L.L.C. & Ashwillet Brook, L.L.C. was present for this application.
Atty. Heller called on Ronald Lewis, 8C Reutemann Road, North Stonington, CT owner of Ashwillet Brook, L.L.C. to testify and also Conrad Gardner, 2 Aberdeen Court, East Lyme, CT owner of Green Falls Associates, L.L.C.
Atty. Heller presented his appeal and stated the parties propose to re-delineate the common boundary line between their properties to incorporate a portion of Green Falls property which is located in the Town of North Stonington, into the parcel which is currently owned by Ashwillet Brook located in Preston. Atty. Heller stated the lot line adjustment would result in a combination of 45.38 acres with the 4.04 acres resulting in a total parcel of 49.42 acres a portion of which would be located in the Town of Preston and a portion would be located in the Town of North Stonington. Atty. Heller stated the plan before the Commission also shows an additional lot 1 and 2 along the southerly side of Lake of Isles Road in the Town of North Stonington. No application has been filed with respect to anything
involving the division to create those 2 parcels. Atty. Heller stated this application was solely for the re-delineation, which if approved would have resulted in a parcel with frontage in both North Stonington and Preston.
Atty. Heller stated that in the denial of this application the ZEO indicated that the proposal is not a lot line adjustment in North Stonington. The proposal will create 2 lots in North Stonington and the proposal does not meet the bulk requirements for newly created lots in North Stonington.
Atty. Heller stated that the ZEO’s authority to review lot line modifications is contained in Section 213 of the Zoning Regulations which Atty. Heller read to the Board. Atty. Heller stated that the application that was filed with the ZEO does not create an additional lot. The ZEO took the position that it creates an additional lot in the Town of North Stonington and there is nothing in the Regulation which limits lot line adjustments to property lying solely within the Town of North Stonington. Atty. Heller states that the determination of the ZEO was incorrect and they are not creating an additional parcel of land after the lot line re-delineation, they are not creating any non-conformities and the parcels which will remain will comply with the bulk requirements of the Zoning Regulations of
the Town of North Stonington.
The Board asked questions for clarification presented in Atty. Heller’s presentation.
Chairman Burger read a letter into the record from Marcia White in favor of the applicant.
Chairman Burger asked if there was anyone from the public speaking in favor this application. There were none.
Chairman Burger asked if there was anyone from the public speaking against this application.
There were none.
ZEO Grimord presented his case to the Board and stated he agrees with a lot of what Atty. Heller had to say. ZEO Grimord stated 2 applications were submitted at the time, one for a lot line adjustment and one for a free split which is not part of this appeal. ZEO Grimord stated that when he reviewed application #07-036 for compliance with Section 213 of the Zoning Regulations, he determined that his jurisdiction ends at the Town Line. In Judge Fuller’s Law Journal book, a copy of which ZEO Grimord supplied for the Board, states that Town’s do not have any jurisdiction beyond their borders. When looking at that application and plan the ZEO can look at the land that is in North Stonington.
ZEO Grimord submitted for the record (Exhibit A) Section 213 of the Zoning Regulations with the pertinent sections underlined. ZEO Grimord also submitted (Exhibit B) Section 303.1, (Exhibit C) Section 504.1 and the definition of Buildable Area of the Zoning Regulations.
Atty. Heller rebutted stating that there is no disagreement between ZEO Grimord and himself about the facts, but there is a very different opinion as to the interpretation. Atty. Heller stated that this application is for a lot line re-delineation only and that he agrees with ZEO Grimord that the lot has to comply with the minimum requirements of the Zoning Regulations, but that is not a part of this application, and it would be the next step and we do not have that burden in this step in the procedure.
The Board asked questions pertaining to this application.
MOTION by R. Bennardo, SECOND by A. York to close the Public Hearing on ZBA Application #07-003. MOTION CARRIED UNANIMOUSLY.
MOTION by C. Palmer, SECOND by W. Pattison to deliberate on ZBA Application #07-003 at the 6/19/07 meeting. MOTION CARRIED UNANIMOUSLY.
4. PENDING APPLICATIONS:
ZBA Application 07-001 – Travers – 59 Hangman Hill Road of Olga Travers, for property known as 59 Hangman Hill Road, approximately 450’ Northerly of the intersection of Hangman Hill Road and Reutemann Road. Applicant is requesting a reversal of the Zoning Enforcement Officers decision regarding the use of the referenced property.
Chairman Burger read the application into the record.
Seated: C. Burger, C. Palmer, W. Pattison, W. Wilkinson, R. Bennardo
MOTION by C. Palmer, SECOND by R. Bennardo to uphold the ZEO’s decision with the following reason:
Due to the fact that although the shed was pre-existing non-conforming the new permit did not expand on that non-conformity, but rather reduced the non-conformity. MOTION CARRIED UNANIMOUSLY.
5. NEW APPLICATIONS:
ZBA Application #07-004, of Drew & Joan Deshefy, 1 Pond Drive, located at the Southwesterly corner of the intersection of Pond Drive and Providence-New London Turnpike (CT. Rte. 184). Applicant is requesting a variance to Zoning Regulation Section(s) 505 of 10.25 ft. to the minimum front yard setback requirement of 35 feet in the R-40 Zone, Section 506, to increase the maximum building coverage by 1.1% and 1103.2, to extend the non-conforming aspect of the structure. The variances are necessary to construct a proposed 9’x16’ covered porch on the front of the existing house. Tax Map #121/2731, Lot #85/7606 (Receive on 5/15/07 & Board to set for PH on or by 7/17/06)
The Board set the Public Hearing on ZBA Application #07-004 for June 19, 2007.
6. NEW BUSINESS:
Election of Officers
MOTION by W. Pattison, SECOND by R. Bennardo to nominate C. Burger as Chairman of the Zoning Board of Appeals. MOTION CARRIED UNANIMOUSLY.
MOTION by W. Pattison, SECOND by A. York to close the nominations for Chairman. MOTION CARRIED UNANIMOUSLY.
C. Burger is Chairman
MOTION by A. York, SECOND by W. Pattison to nominate C. Palmer as Vice-Chairman of the Zoning Board of Appeals. MOTION CARRIED UNANIMOUSLY.
MOTION by W. Pattison, SECOND by A. York to close the nominations for Vice-Chairman. MOTION CARRIED UNANIMOUSLY.
C. Palmer is Vice-Chairman
7. OLD BUSINESS: None
8. CORRESPONDENCE:
The Board went over correspondence in their packets.
9. REVIEW MINUTES:
Review minutes of April 17, 2007 meeting
MOTION by W. Pattison, SECOND by R. Bennardo to approve the draft minutes of April 17, 2007 as written. MOTION CARRIED UNANIMOUSLY.
10. ADJOURNMENT:
MOTION by C. Palmer, SECOND by W. Pattison to adjourn the meeting at 8:07 p.m.
Respectfully Submitted,
Cheryl Konsavitch, Administrative Assistant
Zoning Board of Appeals
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