TUESDAY, APRIL 21, 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 and Alternate Members Wayne Wilkinson and Peter Bogoian
COMMISSIONERS ABSENT: Allana York, James Lord and Alternate Member Rick Bennardo
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 #09-003, of Tim & Jonna Chokas for property known as 6 Rocky Hollow Road, North Stonington, CT 06359, located on the west side of Rocky Hollow Road, approximately 30 feet south from the intersection of Main Street in an R-40 Zone. Applicant is requesting a variance to Section 1305.1, Setback Dimensions & Section 1403.1, Non-Conforming Buildings & Structures. The variance is necessary to construct an addition. Tax Map #109, Parcel #2023A (PH opened on 3/17/09 & continued & extended to 4/21/09; Received on 2/17/09 & PH must close on or by 4/21/09)
Chairman Burger read the application into the record.
Seated: C. Burger, C. Palmer, R. Hall, W. Wilkinson, P. Bogoian
Mr. & Mrs. Chokas were present for the application and submitted their proof of mailings for the record.
Mrs. Chokas briefly went over their application request for the variance and stated that the application request has not changed from last month. The legal ad needed to be re-run because the applicant did not state another variance they would need that pertained to Section 1403.1.
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 were any general remarks or comments from the public pertaining to this application. There were none.
Chairman Burger asked if the applicant would like to make a summarization or rebuttal. They did not.
MOTION by C. Palmer, SECOND by R. Hall to close the Public Hearing on ZBA application #09-003. MOTION CARRIED UNANIMOUSLY.
B. ZBA Application #09-005, 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 4/21/09; Received on 3/17/09 & PH must close on or by 5/25/09)
Chairman Burger read the application into the record.
Seated: C. Burger, C. Palmer, R. Hall, W. Wilkinson, P. Bogoian
Mr. Adam Spees was present for this application and submitted his proof of mailings for the record.
Mr. Spees went over his application for his variance request stating that he would like to convert the upstairs of his existing garage into a detached accessory apartment. The bottom part of the garage was used as a home occupation for a wood working shop. The regulations require the lot size to be double the acreage for this type of structure. Mr. Spees stated he has 1.75 acres and needs 2 acres to meet the zoning requirement.
ZEO Leeming went over her memo 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 were any general remarks or comments from the public pertaining to this application. There were none.
Chairman Burger asked if the applicant would like to make a summarization or rebuttal. Mr. Spees stated that the workshop is sound proofed and a woodworking shop would create more noise then an apartment and does not feel the neighbors would be impacted.
The Board asked questions of the applicant pertaining to his request.
MOTION by C. Palmer, SECOND by W. Wilkinson to close the Public Hearing on ZBA Application #09-005. MOTION CARRIED UNANIMOUSLY.
4. PENDING APPLICATIONS:
A. ZBA Application #09-003, of Tim & Jonna Chokas for property known as 6 Rocky Hollow Road, North Stonington, CT 06359, located on the west side of Rocky Hollow Road, approximately 30 feet south from the intersection of Main Street in an R-40 Zone. Applicant is requesting a variance to Section 1305.1, Setback Dimensions & Section 1403.1, Non-Conforming Buildings & Structures. The variance is necessary to construct an addition. Tax Map #109, Parcel #2023A (PH opened on 3/17/09 & continued & extended to 4/21/09; Received on 2/17/09 & PH must close on or by 4/21/09)
Seated: C. Burger, C. Palmer, R. Hall, W. Wilkinson, P. Bogoian
The Commission deliberated.
MOTION by C. Palmer, SECOND by P. Bogoian to approve ZBA application #09-003 for the variances requested to Section 1305.1, to reduce the minimum required front yard setback of a lot in a R40 Zone/VPOA from 35’ to 20’, and Section 1403.1, to allow the increase in footprint and/or cubical content of the portion of a structure that is a non-conforming structure, 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.
MOTION CARRIED UNANIMOUSLY
B. ZBA Application #09-005, 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 4/21/09; Received on 3/17/09 & PH must close on or by 5/25/09)
Seated: C. Burger, C. Palmer, R. Hall, W. Wilkinson, P. Bogoian
MOTION by P. Bogoian, SECOND by W. Wilkinson to approve ZBA application #09-005 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.
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
In favor: R. Hall, P. Bogoian, W. Wilkinson
Opposed: C. Palmer, C. Burger
The variance was denied.
5. NEW APPLICATIONS:
ZBA Application #09-006, of Robert & Lisa Mazzella for property known as 247 Cossaduck Hill Road, North Stonington, CT 06359, located on the right side of Cossaduck Hill Road approximately 500 feet south from the intersection of Northwest Corner Road with Cossaduck Hill Road in an R-80 Zone. Applicant is requesting a variance to Section 1502.2C, Attached Accessory Apartment. The variance is necessary to convert an existing garage to an apartment. Tax Map #56, Parcel #0550 (Commission to receive on 4/21/09 & set for PH on 5/19/09)
The Board set the Public Hearing on this application for May 19, 2009.
6. NEW BUSINESS:
A. Election of Officer’s
B. Review ZBA By-Laws
The Commission will review items A & B at their May 19, 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 March 17, 2009 meeting.
MOTION by C. Palmer, SECOND by W. Wilkinson to approve the minutes of March 17, 2009 with the necessary corrections. MOTION CARRIED.
10. ADJOURNMENT:
MOTION by C. Palmer, SECOND by W. Wilkinson to adjourn the meeting at 7:50 p.m. MOTION CARRIED UNANIMOUSLY.
Respectfully Submitted,
Cheryl Konsavitch
Cheryl Konsavitch, Administrative Assistant
Zoning Board of Appeals
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