TUESDAY, JUNE 16, 2009
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, Candy Palmer, Vice-Chairman, Robin Hall, Secretary, James Lord and Alternate Member Peter Bogoian
COMMISSIONERS ABSENT: Allana York and Alternate Members Rick Bennardo and Wayne Wilkinson
STAFF PRESENT: Administrative Assistant Cheryl Konsavitch, Sr. Planner/ZEO Juliet Leeming and ZBA Attorney Frank Eppinger
Chairman Burger read the Rules of Procedures into the record.
2. ADDITIONS TO THE AGENDA: None
3. PUBLIC HEARINGS:
A. ZBA Application #09-007, of Adam Spees for property known as 94 Main Street, North Stonington, CT 06359, located on the left side of Main Street, approximately 1584 feet east from the intersection of Route 2 with Main Street in an R-40 Zone. Applicant is requesting a variance to Section 1502, Accessory Apartments. The variance is necessary to have a detached accessory apartment. Tax Map #109, Parcel #3713 (PH scheduled to open on 6/16/09; Commission received on 5/19/09 & PH must close on or by 7/20/09)
Chairman Burger read the application into the record.
Seated: C. Burger, C. Palmer, R. Hall, J. Lord, P. Bogoian
Mr. Adam Spees was present for this application and submitted his proof of mailing to the Commission.
Mr. Spees went over his variance request with the Commission and stated he would like to put a detached apartment in an existing garage on the property. Mr. Spees stated the property is 3,770 square feet shy of the 80,000 square feet needed.
ZEO Leeming gave her overview on this variance request.
Chairman Burger asked if there was anyone from the public speaking in favor of this application. Mr. Spees presented two letters from abutting property owners for the record.
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 making general remarks pertaining to this application. There were none.
Chairman Burger asked if the applicant would like to summarize or rebut. Mr. Spees did not.
MOTION by R. Hall, SECOND by C. Palmer to close the Public Hearing on ZBA application #09-007. MOTION CARRIED UNANIMOUSLY.
B. ZBA Application #09-008, of James & Robin Johnson for property known as 296 Cossaduck Hill Road, North Stonington, CT 06359, located on the easterly side of Cossaduck Hill Road (Route 201) approximately 800 feet, northerly from the intersection of Northwest Corner Road in an R80 Zone. Applicant is requesting a variance to Section 1304, Minimum Street Frontage. The variance is necessary in make this lot a building lot in order to construct a single-family residence (PH scheduled to open on 6/16/09; Commission received on 5/19/09 & PH must close on or by 7/20/09)
Chairman Burger read the application into the record.
Seated: C. Burger, C. Palmer, R. Hall, J. Lord, P. Bogoian
Jim and Robin Johnson were present for this application along with their Engineer, Susan Camp.
Ms. Camp went over the variance request and lot history of the property and submitted for the record two letters from abutting property owners stating they could not sell Mr. Johnson any frontage.
ZEO Leeming read her memo into the record pertaining to the variance request.
Attorney Eppinger went over the variance request with the Commission and stated that it is up to the Board and only the Board if this variance should be approved or denied.
Chairman Burger asked if there was anyone from the public speaking in favor of this application. The following people spoke:
Eleanor Johnson – Cossaduck Hill Road
John Lance – Northwest Corner Road
James Murray – 294B Cossaduck Hill Road
Bill Gorczyca – Cossaduck Hill Road
Chairman Burger asked if there was anyone from the public speaking against this application. The following person spoke.
Atty. Shawn Sullivan representing David and Sandra Schroeder of 294A Cossaduck Hill Road
Chairman Burger asked if there was anyone from the public making general remarks. There were none.
Chairman Burger asked the applicant if he would like to summarize and rebut. Mr. Johnson stated he believes the Board has a choice in granting this request.
MOTION by R. Hall, SECOND by C. Palmer to close the Public Hearing on ZBA application #09-008. MOTION CARRIED UNANIMOUSLY.
4. PENDING APPLICATIONS:
A. ZBA Application #09-007, of Adam Spees for property known as 94 Main Street, North Stonington, CT 06359, located on the left side of Main Street, approximately 1584 feet east from the intersection of Route 2 with Main Street in an R-40 Zone. Applicant is requesting a variance to Section 1502, Accessory Apartments. The variance is necessary to have a detached accessory apartment. Tax Map #109, Parcel #3713 (PH scheduled to open on 6/16/09; Commission received on 5/19/09 & PH must close on or by 7/20/09)
Seated: C. Burger, C. Palmer, R. Hall, J. Lord, P. Bogoian
MOTION by R. Hall, SECOND by P. Bogoian to approve ZBA application #09-007 for a variance requested to Section 1502(A)(1)(c) of the Zoning Regulations, that require that the lot on which the detached accessory apartment is located to be double the minimum lot size required for the zone 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 purposes of the zoning plan. Applicant is unable to acquire more land and the acquisition of additional land would not change the overall proposal.
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.
B. ZBA Application #09-008, of James & Robin Johnson for property known as 296 Cossaduck Hill Road, North Stonington, CT 06359, located on the easterly side of Cossaduck Hill Road (Route 201) approximately 800 feet, northerly from the intersection of Northwest Corner Road in an R80 Zone. Applicant is requesting a variance to Section 1304, Minimum Street Frontage. The variance is necessary in make this lot a building lot in order to construct a single-family residence (PH scheduled to open on 6/16/09; Commission received on 5/19/09 & PH must close on or by 7/20/09)
Seated: C. Burger, C. Palmer, R. Hall, J. Lord, P. Bogoian
MOTION by C. Palmer, SECOND by J. Lord to deny ZBA application #09-008 for a variance requested to Section 1304 of the Zoning Regulations, to reduce the minimum street frontage from 250’ to 91.52’ for the zone for the following reasons:
1. No valid hardship exists that is unique to the site.
2. Hardship is not caused by adherence to the strict letter of the zoning ordinance.
3. Hardship was self-created.
4. Applicant bought the property with full knowledge of the circumstances surrounding the illegal creation of the lot and its status as “not a building lot.”
5. The hardship presented does not prevent the applicant from reasonable use of his property in conformance with the regulations.
MOTION CARRIED UNANIMOUSLY.
5. NEW APPLICATIONS: None
6. NEW BUSINESS:
P. Bogoian brought up the issue of ZBA members and their attendance. The Board directed the Administration Assistant to contact Rick Bennardo and see if he was still interested in serving on the Board.
7. OLD BUSINESS: None
8. CORRESPONDENCE:
The Board went over correspondence in their packets.
9. REVIEW MINUTES:
Review minutes of May 19, 2009 meeting.
MOTION by R. Hall, SECOND by J. Lord to approve the minutes of May 19, 2009 as written. MOTION CARRIED.
C. Palmer – Abstained
10. ADJOURNMENT:
MOTION by R. Hall, SECOND by J. Lord to adjourn the meeting at 8:18 p.m. MOTION CARRIED UNANIMOUSLY.
Respectfully Submitted,
Cheryl Konsavitch
Cheryl Konsavitch, Administrative Assistant
Zoning Board of Appeals
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