TUESDAY, DECEMBER 16, 2008
SENIOR CENTER
HOLLY GREEN PLAZA
391 NORWICH-WESTERLY ROAD
NORTH STONINGTON, CT 06359
MINUTES APPROVED ~ FEBRUARY 17, 2009
1. CALL TO ORDER: Chairman Burger called the Regular Meeting of the North Stonington Zoning Board of Appeals to order at 7:08 p.m. at the Sr. Center, Holly Green Plaza.
BOARD MEMBERS PRESENT: Charlie Burger, Chairman, Candy Palmer, Vice-Chairman, Winnie Pattison, Treasurer and Alternate Members Wayne Wilkinson, James Lord and Rick Bennardo
COMMISSIONERS ABSENT: Allana York and Robin Hall, Secretary
STAFF PRESENT: Administrative Assistant Cheryl Konsavitch and Sr. Planner/ZEO Juliet Leeming
Chairman Burger read the Rules of Procedures into the record.
2. ADDITIONS TO THE AGENDA: None
3. PUBLIC HEARINGS:
A. ZBA Application #08-009, of Sandra Jean Morgan, for property known as 220 Clarks Falls Road, North Stonington, CT 06359, located on the westerly side of Route 216 in an R-80 Zone. Applicant is requesting a variance to Section 505, Table of Minimum Lot Width & Yard Requirements for Principal & Accessory Structures & Uses of the side yard setback to 10 feet (side yard setback of 25 feet required). The variance is necessary to replace an existing garage. Tax Map #105, Parcel 2895
Chairman Burger read the application into the record.
C. Palmer recused herself as she is an abutting property owner.
Seated: C. Burger, W. Pattison, W. Wilkinson, J. Lord, R. Bennardo
Ms. Sandy Morgan was present for this application, submitted her green cards for the record and went over her request with the Commission.
ZEO Leeming went over her review of the application.
Chairman Burger asked if there was anyone from the public speaking in favor of the application. There were none.
Chairman Burger asked if there was anyone from the public speaking against the application. There were none.
Chairman Burger asked if there was anyone from the public making general remarks. There were none.
Chairman Burger asked if the applicant would like to make a rebuttal or summarization. Ms. Morgan stated that she lives in a mobile home and needs the storage space and she is replacing an existing shed.
MOTION by W. Pattison, SECOND by W. Wilkinson to close the Public Hearing on ZBA application #08-009. MOTION CARRIED UNANIMOUSLY.
B. ZBA Application #08-010, of Brian Cooper, for property known as 35 Main Street, North Stonington, CT 06359, located on the west side of Main Street, approximately 25 feet north from the intersection of Rocky Hollow Road with Main Street in an R-40 Zone. Applicant is requesting a variance to Section 505, Table of Minimum Lot Width & Yard Requirements for Principal & Accessory Structures & Uses of the side/rear yard setback to 0 feet (side yard setback of 10 feet required). The variance is necessary to construct a barn addition and corn crib. Tax Map #109, Parcel #1272
Chairman Burger recused himself from this application.
Seated: C. Palmer, W. Pattison, R. Bennardo, J. Lord, W. Wilkinson
Mr. Brian Cooper was present for this application, submitted his green cards for the record and went over his application request.
ZEO Leeming went over her review of the application and stated the applicant needed to request more variances then he listed in his application.
The Commission asked questions of the applicant.
Vice-Chairman Palmer asked if there was anyone from the public speaking in favor of the application. The following people spoke.
Pat Turner
Mac Turner
Vice-Chairman Palmer asked if there was anyone from the public speaking against the application. There were none.
Vice-Chairman Palmer asked if there was anyone from the public making general remarks. There were none.
Mr. Cooper stated that he is into restoration and he would like to follow the original footprint of the property from 1792.
The Commission determined that since more variances were needed, the Public Hearing would be continued and the legal ad re-advertised.
MOTION by R. Bennardo, SECOND by W. Pattison to continue ZBA application #08-010 to January 20, 2009. MOTION CARRIED UNANIMOUSLY.
4. PENDING APPLICATIONS:
A. ZBA Application #08-009, of Sandra Jean Morgan, for property known as 220 Clarks Falls Road, North Stonington, CT 06359, located on the westerly side of Route 216 in an R-80 Zone. Applicant is requesting a variance to Section 505, Table of Minimum Lot Width & Yard Requirements for Principal & Accessory Structures & Uses of the side yard setback to 10 feet (side yard setback of 25 feet required). The variance is necessary to replace an existing garage. Tax Map #105, Parcel 2895
Seated: C. Burger, W. Pattison, W. Wilkinson, J. Lord, R. Bennardo
MOTION by R. Bennardo, SECOND by W. Pattison to approve ZBA application #08-009 for the variance requested to Section 505 of the Zoning Regulations from the 25’ required for a side yard setback in an R-80 zone, to 15’ to allow the previously existing garage to be replaced within the same footprint for the following reasons.
1. A strict application of the Regulations unreasonably restricts the use of the applicant’s property for permitted uses allowed in the zone, and causes an unusual hardship unnecessary to carrying out the general purpose of the zoning plan.
2. The variance requested is in harmony with the general purpose and intent of the Regulations.
3. Approval of the variance would not adversely affect the public health, safety, welfare and value of the surrounding properties.
4. The existing wetlands on the site, and the location of the well and septic system seriously limit the potential relocation of the garage elsewhere on the site. This condition is unique to the site and satisfies the “hardship test.”
MOTION CARRIED UNANIMOUSLY.
B. ZBA Application #08-010, of Brian Cooper, for property known as 35 Main Street, North Stonington, CT 06359, located on the west side of Main Street, approximately 25 feet north from the intersection of Rocky Hollow Road with Main Street in an R-40 Zone. Applicant is requesting a variance to Section 505, Table of Minimum Lot Width & Yard Requirements for Principal & Accessory Structures & Uses of the side/rear yard setback to 0 feet (side yard setback of 10 feet required). The variance is necessary to construct a barn addition and corn crib. Tax Map #109, Parcel #1272
5. NEW APPLICATIONS: None
6. NEW BUSINESS:
A. Election of Officer’s
B. Review ZBA By-Laws
The Commission will review items A & B at their January 20, 2009 where they hope to have a full board present.
7. OLD BUSINESS: None
8. CORRESPONDENCE:
The Board went over correspondence in their packets.
9. REVIEW MINUTES:
Review minutes of November 18, 2008 meeting.
MOTION by W. Pattison, SECOND by W. Wilkinson to approve the minutes of November 18, 2008 as written. MOTION CARRIED UNANIMOUSLY.
10. ADJOURNMENT:
MOTION by W. Pattison, SECOND by R. Bennardo to adjourn the meeting at 7:53 p.m. MOTION CARRIED UNANIMOUSLY.
Respectfully Submitted,
Cheryl Konsavitch
Cheryl Konsavitch, Administrative Assistant
Zoning Board of Appeals
| 
