TUESDAY, APRIL 20, 2010
SENIOR CENTER
HOLLY GREEN PLAZA
391 NORWICH-WESTERLY ROAD
NORTH STONINGTON, CT 06359
MINUTES APPROVED ~ JULY 20, 2010
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, Robin Hall-Secretary, Jim Lord and Alternate Members Hilaire Cote, Heather Chrissos and George Brown
COMMISSIONERS ABSENT: Candy Palmer Vice-Chairperson and Allana York
STAFF PRESENT: Sr. Planner/ZEO Juliet Leeming and Administrative Assistant Cheryl Konsavitch
Chairman Burger read the Rules of Procedures into the record.
2. ADDITIONS TO THE AGENDA: None
3. PUBLIC HEARINGS:
A. ZBA Application #10-001, of Catherine A. Smith for property known as 221 Wyassup Road, North Stonington, CT 06359, located on the westerly side of Wyassup Road in an R-80 Zone. Applicant is requesting a variance to Section 1305.1, Setback Dimensions, reducing the side yard setback from the required 25 feet to 15 feet. The variance is requested to construct a 24 x 24 foot, 2 stall garage. Tax Map #87, Parcel #8061
Chairman Burger read the application into the record.
Seated: C. Burger, R. Hall, J. Lord, H. Cote, G. Brown
Catherine Smith was present for this application and submitted her proof of mailings to abutting property owners for the record.
Ms. Smith went over her variance request and stated that because of her naturally wet property and the contour of the land the home has been located near the setback lines. Ms. Smith also stated that the septic tank, the primary and secondary leaching fields, buried gas tank and the property groundwater drains limit available locations for a garage. Ms. Smith stated the garage position selected is indistinct and will not degrade the property appearance or value, and the rural town setting will also not be affected since the garage location is nestled near the home and can barely be seen from the road. Ms. Smith stated that the maximum reduction in the side yard setback of 10 feet is at one corner of the garage only.
ZEO Leeming gave her overview of the application pertaining to the variance request for the Board.
The Board asked questions pertaining to the size of the garage, and moving the garage to different locations on the property.
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 wishing to make general remarks pertaining to this application. There were none.
Chairman Burger asked if the applicant would like to make a rebuttal or summarization. Ms. Smith stated that she would like to build a 2 car garage for a car and to store equipment so it is not sitting outside.
MOTION by G. Brown, SECOND by J. Lord to close the Public Hearing on ZBA application #10-001. MOTION CARRIED UNANIMOUSLY.
B. ZBA Application #10-002, of Robert A. Deledda for property known as 24 Billings Road, North Stonington, CT 06359, located on the south side of Billings Road approximately 1500 feet east from the intersection of Route 201 with Billings Road in an R-80 Zone. Applicant is requesting a variance from Section 1537.3 (Interior Building Lot) Dimensions & 1305.1 Setback Dimensions, reducing the required setback from the northerly property line from the required 50 feet to 25 feet. The variance is requested to construct a garage.
Chairman Burger read the application into the record.
Seated: C. Burger, R. Hall, J. Lord, G. Brown, H. Chrissos
Robert Deledda was present for this application and submitted his proof of mailings to abutting property owners for the record.
Mr. Deledda went over the site plan for his variance request and stated that his lot is an interior building lot and the required setbacks are double that of a frontage lot. Mr. Deledda stated that he would like to build a garage within the 50 foot setback based on a number of site constraints which include steep slopes, area of ledge outcrop, areas of shallow depth to ledge in vicinity of building area, areas of seasonal high groundwater, accessibility constraints and an increase of building setbacks due to an interior lot.
Mr. Deledda submitted pictures of his site (Exhibit A) into the record.
The Board asked questions pertaining to the site plan.
ZEO Leeming gave her overview of the application pertaining to the variance request for the Board.
Chairman Burger asked if there was anyone from the public speaking in favor of this application. The following person spoke: Patricia Guyette
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 wishing to make general remarks pertaining to this application. The following person spoke: Joe Joyce
Chairman Burger asked if the applicant would like to make a rebuttal or summarization. Mr. Deledda stated that the location for the garage is the most practical place on the site considering the land constraints of the site.
MOTION by R. Hall, SECOND by G. Brown to close the Public Hearing on ZBA application #10-002. MOTION CARRIED UNANIMOUSLY.
4. PENDING APPLICATIONS:
A. ZBA Application #10-001, of Catherine A. Smith for property known as 221 Wyassup Road, North Stonington, CT 06359, located on the westerly side of Wyassup Road in an R-80 Zone. Applicant is requesting a variance to Section 1305.1, Setback Dimensions, reducing the side yard setback from the required 25 feet to 15 feet. The variance is requested to construct a 24 x 24 foot, 2 stall garage. Tax Map #87, Parcel #8061
Seated: C. Burger, R. Hall, J. Lord, H. Cote, G. Brown
MOTON by R. Hall, SECOND by G. Brown to approve application #10-001 for a variance to Section 1305.1 of the Zoning Regulations to reduce the required side yard setback in an R-80 Zone from 25’ to 15’ in the vicinity of the proposed 24’ x 24’ garage only, as indicated on the plan. The side yard setback will remain at 25’ for the remainder of the property 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 locate the garage elsewhere due to topographic restraints, the presence of wetlands on the property, and the location of an underground fuel tank and septic system.
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 #10-002, of Robert A. Deledda for property known as 24 Billings Road, North Stonington, CT 06359, located on the south side of Billings Road approximately 1500 feet east from the intersection of Route 201 with Billings Road in an R-80 Zone. Applicant is requesting a variance from Section 1537.3 (Interior Building Lot) Dimensions & 1305.1 Setback Dimensions, reducing the required setback from the northerly property line from the required 50 feet to 25 feet. The variance is requested to construct a garage.
Seated: C. Burger, R. Hall, J. Lord, G. Brown, H. Chrissos
MOTION by G. Brown, SECOND by J. Lord to deny application #10-002 WITHOUT PREJUDICE for a variance to Sections 1305.1 and 1537.3 of the Zoning Regulations to reduce the northerly side yard setback from 50’ to 25’ to accommodate an accessory garage for the following reasons:
1. No valid hardship exists that is unique to the site. There are alternative locations for the garage that would fit within the required setbacks.
2. The variance requested is not in harmony with the general purpose and intent of the Regulations (that all structures be placed within the established setbacks and that setbacks be increased for interior lots).
3. Denial of the variance requested would 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: None
7. OLD BUSINESS: None
8. CORRESPONDENCE: None
9. REVIEW MINUTES:
Review minutes of September 15, 2009 meeting.
MOTION by R. Hall, SECOND by J. Lord to approve the minutes of September 15, 2009 as written. MOTION CARRIED.
10. ADJOURNMENT:
MOTION by G. Brown, SECOND by J. Lord to adjourn the meeting at 8:40 p.m. MOTION CARRIED UNANIMOUSLY.
Respectfully Submitted,
Cheryl Konsavitch
Cheryl Konsavitch, Administrative Assistant
Zoning Board of Appeals
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