TUESDAY, MAY 20, 2008
SENIOR CENTER
HOLLY GREEN PLAZA
391 NORWICH-WESTERLY ROAD
NORTH STONINGTON, CT 06359
DRAFT MINUTES
1. CALL TO ORDER: Chairman 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, Allana York, Winnie Pattison, Robin Hall (arrived at 8:22 p.m.) and Alternate Members Wayne Wilkinson and James Lord
COMMISSIONERS ABSENT: Candy Palmer, Vice-Chairman and Alternate Member Richard Bennardo
STAFF PRESENT: Cheryl Konsavitch, Administrative Assistant and Sr. Planner/ZEO Juliet Leeming
Chairman Burger read the Rules of Procedure into the record.
2. ADDITIONS TO THE AGENDA: None
3. PUBLIC HEARINGS:
A. ZBA Application #08-003, of Scot E. Deledda, for property known as 70 Loretta Ave., North Stonington, CT 06359, located on the north side of Loretta Ave. approximately 2050 ft south from the intersection of Miller Rd. with Rte. 201 in an R-80 Zone (SUOA). Applicant is requesting a variance to the Zoning Regulations for the Seasonal Use Overlay Area Sections 507.1 & 507.1c (lot frontage is on a State Highway or Town-accepted road). The variance is necessary for the construction of a new single-family seasonal residence on an existing non-conforming lot. Map #45, Parcel #3931
Chairman Burger read the application into the record.
Seated: C. Burger, W. Pattison, A. York, J. Lord, W. Wilkinson
Mr. Scot Deledda was present for this application and submitted his proof of mailing for the record.
Mr. Deledda went over his application with the Commission to build a seasonal residence. Mr. Deledda stated he meets all the dimensional requirements except his frontage his not on a Town or State road.
ZEO Leeming went over her review of the application.
The Board asked general questions pertaining to this application.
Chairman Burger asked if there was anyone from the public speaking in favor of this application. The following person spoke:
Vincent Deledda, 66 Stillman Avenue
Chairman Burger asked if there was anyone from the public speaking against this application. There were none.
Chairman Burger asked if there was anyone from the public who would like to make general remarks or comments. The following person spoke.
Cristina Jorge
Chairman Burger asked if the applicant would like to make a rebuttal.
Mr. Deledda stated the lot is a non-conforming, pre-existing lot of record to be used for a seasonal residence only.
MOTION by W. Pattison, SECOND by W. Wilkinson to close the Public Hearing on ZBA application #08-003. MOTION CARRIED UNANIMOUSLY.
B. ZBA Application #08-004, of Joseph J. Spano Irrevocable Trust for property known as 102 Wyassup Lake Rd., North Stonington, CT 06359, located on the east side of Wyassup Lake Rd., approximately 500 ft.southeast from the intersection of Wyassup Lake Rd. with Wyassup Rd. in an R-8 Zone (SUOA). Applicant is requesting a variance to the Zoning Regulations for the Seasonal Use Overlay Area Sections 507.1 & 507.1d (side yard setback of 20 ft required) The variance is necessary to construct a carport on an existing pre-existing non-conforming lot. Map #70, Parcel #9075
Chairman Burger read the application into the record.
Seated: C. Burger, W. Pattison, A. York, J. Lord, W. Wilkinson
Mr. Joseph Spano was present for this application and submitted his proof of mailing for the record.
Mr. Spano presented his application to the Board.
ZEO Leeming went over her review of this application.
The Board asked questions pertaining to this application.
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 was anyone from the public who would like to make general remarks or comments. There were none.
Chairman Burger asked if the applicant would like to make a rebuttal.
Mr. Spano stated he needs the carport to protect his cars from falling branches.
The Board discussed the size of the carport and determined if they changed the dimensions of it a variance would not be needed.
Mr. Spano withdrew his application.
C. ZBA Application #08-005 of Ben Field for property known as 118 Denison Hill Rd., North Stonington, CT 06359, located on the east side of Denison Hill Rd. approximately 40 ft., south from the intersection of Puttker Rd. with Denison Hill Rd. in an R-80 Zone. Applicant is requesting a variance to the Zoning Regulations Sections 505 Table of Minimum Lot Width & Yard Requirements for Principal & Accessory Structures & Uses (side yard setback of 25’ required), Section 611 Interior Building Lot & Section 611.4 Dimensions (side yard setback of 50’ required). The variance is necessary in order to get a Zoning Compliance for a Certificate of Occupancy for a Single-Family Residence & garage already constructed. Tax Map #82, Parcel #8182
Chairman Burger read the application into the record.
Seated: C. Burger, W. Pattison, A. York, J. Lord, W. Wilkinson
Mr. Ben Field was present for this application and submitted his proof of mailing for the record.
Mr. Field went over his application with the Board.
ZEO Leeming went over her review of this application.
The Board asked questions pertaining to this application.
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 was anyone from the public who would like to make general remarks or comments. There were none.
MOTION by W. Pattison, SECOND by W. Wilkinson to close the Public Hearing on ZBA application #08-005. MOTION CARRIED UNANIMOUSLY.
4. PENDING APPLICATIONS:
A. ZBA Application #08-003, of Scot E. Deledda, for property known as 70 Loretta Ave., North Stonington, CT 06359, located on the north side of Loretta Ave. approximately 2050 ft south from the intersection of Miller Rd. with Rte. 201 in an R-80 Zone (SUOA). Applicant is requesting a variance to the Zoning Regulations for the Seasonal Use Overlay Area Sections 507.1 & 507.1c (lot frontage is on a State Highway or Town-accepted road). The variance is necessary for the construction of a new single-family seasonal residence on an existing non-conforming lot. Map #45, Parcel #3931
Seated: C. Burger, W. Pattison, A. York, J. Lord, W. Wilkinson
MOTION by W. Wilkinson, SECOND by A. York to approve application #08-003 for the variance requested to Section 507.1c of the Zoning Regulations requiring lots in the R-80/SUOA to have frontage on a Town or State approved road 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 and intent of the Regulations.
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.
MOTION CARRIED UNANIMOUSLY.
Chairman Burger stated to the applicant that the Notice of Decision would be published in the Westerly Sun on Friday, May 23, 2008 and there would be a 15-day appeal period. After the appeal period a Notice of Decision would be sent to the applicant with instructions on filing the variance.
B. ZBA Application #08-004, of Joseph J. Spano Irrevocable Trust for property known as 102 Wyassup Lake Rd., North Stonington, CT 06359, located on the east side of Wyassup Lake Rd., approximately 500 ft.southeast from the intersection of Wyassup Lake Rd. with Wyassup Rd. in an R-8 Zone (SUOA). Applicant is requesting a variance to the Zoning Regulations for the Seasonal Use Overlay Area Sections 507.1 & 507.1d (side yard setback of 20 ft required) The variance is necessary to construct a carport on an existing pre-existing non-conforming lot. Map #70, Parcel #9075
Mr. Spano withdrew his application.
C. ZBA Application #08-005 of Ben Field for property known as 118 Denison Hill Rd., North Stonington, CT 06359, located on the east side of Denison Hill Rd. approximately 40 ft., south from the intersection of Puttker Rd. with Denison Hill Rd. in an R-80 Zone. Applicant is requesting a variance to the Zoning Regulations Sections 505 Table of Minimum Lot Width & Yard Requirements for Principal & Accessory Structures & Uses (side yard setback of 25’ required), Section 611 Interior Building Lot & Section 611.4 Dimensions (side yard setback of 50’ required). The variance is necessary in order to get a Zoning Compliance for a Certificate of Occupancy for a Single-Family Residence & garage already constructed. Tax Map #82, Parcel #8182
Seated: C. Burger, W. Pattison, A. York, J. Lord, W. Wilkinson
MOTION by J. Lord, SECOND by W. Pattison to approve application #08-005 for the variance requested to Section 505, 611, & 611.4 of the Zoning Regulations from 50’ required for an interior lot side yard setback, to 22’ and thereby allowing the newly constructed single-family dwelling and garage, constructed within the setback to remain 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. A valid hardship has been demonstrated: The unusual lot configuration, rock, ledge, and presence of wetlands greatly diminish the possible locations for the house and garage.
MOTION CARRIED UNANIMOUSLY.
5. NEW APPLICATIONS:
ZBA Application #08-006 of Walter & Connie Dean for property known as 29 Clarks Falls Rd., North Stonington, CT 06359, located on the north side of Clarks Falls Rd. approximately 1200 ft., east from the intersection of Clarks Falls Rd. with Pendleton Hill Rd. in an R-80 Zone. Applicant is requesting a variance to the Zoning Regulations Sections 505 Table of Minimum Lot Width & Yard Requirements for Principal & Accessory Structures & Uses (front yard setback of 75’ required). The variance is necessary in order to get a Zoning Compliance for a Certificate of Occupancy for a Single-Family Residence already constructed. Tax Map #97, Parcel #6555
The Public Hearing on this application will be held on Tuesday, June 17, 2008.
6. NEW BUSINESS: None
7. OLD BUSINESS: None
8. CORRESPONDENCE:
The Board went over correspondence in their packets.
9. REVIEW MINUTES:
Review minutes of March 18, 2008 meeting.
MOTION by W. Pattison, SECOND by A. York to approve the draft minutes of March 18, 2008 as written. MOTION CARRIED UNANIMOUSLY.
10. ADJOURNMENT:
MOTION by W. Pattison, SECOND by J. Lord to adjourn the meeting at 8:35 p.m. MOTION CARRIED UNANIMOUSLY.
Respectfully Submitted,
Cheryl Konsavitch, Administrative Assistant
Zoning Board of Appeals
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