TUESDAY, AUGUST 17, 2010
SENIOR CENTER
HOLLY GREEN PLAZA
391 NORWICH-WESTERLY ROAD
NORTH STONINGTON, CT 06359
MINUTES APPROVED ~ NOVEMBER 16, 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 George Brown, Heather Chrissos and Hilaire Cote
COMMISSIONERS ABSENT: Candy Palmer-Vice Chairwoman 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:
Chairman Burger read the application into the record.
ZBA Application #10-004, of Courtney Gumbiner for property known as 156 Mystic Road, North Stonington, CT 06359, located on the northerly side of Route 201, approximately 1200 feet west from the intersection of Jeremy Hill Road with Route 201 in an R-60 Zone. Applicant is requesting a variance to Section 1505.2A (Non-conforming Buildings & Structures) to allow an increase in the footprint and cubical content of a non-conforming structure to be enlarged/expanded and Section 1305.1 (Setback Dimensions) to reduce the rear setback from 10’ to 2’ in the vicinity of the garage only & to reduce the front yard setback from 50’ to 5’ in the vicinity of the house only. The variance is requested to construct accessory structures & addition. Tax Map #107,
Parcel #9664.
Seated: C. Burger, R. Hall, J. Lord, H. Chrissos, H. Cote
Mr. Robert Gumbiner was present representing Courtney Gumbiner with a Power of Attorney.
Mr. Gumbiner’s abutters were notified by certified mail.
Mr. Gumbiner went over his variance request and submitted pictures (Exhibit A) of the work that was done on the property. Mr. Gumbiner stated that the roof line was raised on the house for storage and to make it look aesthetically more like a colonial home. Mr. Gumbiner stated that he built the garage to do his milling in and would like to use it for his business.
ZEO Leeming went over her review of this application stating that the applicant is requesting a variance to allow existing structures built and/or partially built without permits and within setbacks to remain.
Chairman Burger asked if there was anyone from the public speaking in favor of this application. The following person spoke:
Ken Amkhamavong
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 people spoke:
Michael St. Pierre
Ann St. Pierre
The Board asked questions pertaining to the 3rd floor and 2nd driveway and asked about any permits that Mr. Gumbiner had obtained for this construction.
Chairman Burger asked if the applicant would like to make a rebuttal or summarization. Mr. Gumbiner stated that he actually cleaned up the back area behind the garage and does not plan on using it as a dumping ground.
MOTION by J. Lord, SECOND by H. Cote to close the Public Hearing on ZBA application #10-004. MOTION CARRIED UNANIMOUSLY.
4. PENDING APPLICATIONS:
ZBA Application #10-004, of Courtney Gumbiner for property known as 156 Mystic Road, North Stonington, CT 06359, located on the northerly side of Route 201, approximately 1200 feet west from the intersection of Jeremy Hill Road with Route 201 in an R-60 Zone. Applicant is requesting a variance to Section 1505.2A (Non-conforming Buildings & Structures) to allow an increase in the footprint and cubical content of a non-conforming structure to be enlarged/expanded and Section 1305.1 (Setback Dimensions) to reduce the rear setback from 10’ to 2’ in the vicinity of the garage only & to reduce the front yard setback from 50’ to 5’ in the vicinity of the house only. The variance is requested to construct accessory structures & addition. Tax Map #107,
Parcel #9664.
Seated: C. Burger, R. Hall, J. Lord, H. Chrissos, H. Cote
MOTION by H. Chrissos, SECOND by H. Cote to approve application #10-004 for a variance to Sections 1505.2A and 1305.1 of the Zoning Regulations to reduce the rear yard setback from 10’ to 2’ in the vicinity of the garage only; to reduce the front yard setback from 50’ to 5’ in the vicinity of the house only; however, the 3rd floor deck shall not be permitted to remain, remove the east side driveway and the existing shed and to allow the expansion of non-conforming structures to accommodate the addition to the third floor and to the garage for the following reasons:
1. The applicant has presented a hardship. Site constraints limit any potential modifications or improvements to the existing structures.
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.
5. NEW APPLICATIONS: None
6. NEW BUSINESS:
Planning & Zoning Commission vs Zoning Board of Appeals Settlement Agreement
MOTION by R. Hall, SECOND by J. Lord to accept the proposed Settlement Agreement. MOTION CARRIED UNANIMOUSLY.
7. OLD BUSINESS: None
8. CORRESPONDENCE: None
9. REVIEW MINUTES:
Review minutes of July 20, 2010 meeting
MOTION by G. Brown, SECOND by R. Hall to approve the minutes of July 20, 2010 as written. MOTION CARRIED.
Heather Chrissos abstained
10. ADJOURNMENT:
MOTION by G. Brown, SECOND by J. Lord to adjourn the meeting at 7:40 p.m. MOTION CARRIED UNANIMOUSLY.
Respectfully Submitted,
Cheryl Konsavitch
Cheryl Konsavitch, Administrative Assistant
Zoning Board of Appeals
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