TUESDAY, JANUARY 25, 2011
SPECIAL MEETING
SENIOR CENTER
HOLLY GREEN PLAZA
391 NORWICH-WESTERLY ROAD
NORTH STONINGTON, CT 06359
DRAFT MINUTES
1. CALL TO ORDER: Chairman Burger called the Special 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-Chair, Robin Hall-Secretary, James Lord and Alternate Members Heather Chrissos and George Brown
COMMISSIONERS ABSENT: Allana York and Alternate Member Hilaire Cote
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 #10-006, of Stephen & Karen Colgan for property known as Indian Trail, North Stonington, CT 06359, located on the north side of Mountain Avenue, east from the intersection of Mountain Avenue with Indian Trail in an R-80 Zone. Applicant is requesting a variance to Section 1401A (c) (Accessory Apartments) and Section 1403.8 (d) (Design of In-Law Apartment) to allow for a detached garage/accessory apartment. Tax Map #45, Parcel #2481
C. Burger recused himself from this continued application.
Seated: C. Palmer, R. Hall, J. Lord, H. Chrissos, G. Brown
G. Brown stated for the record that he had listened to the tape of the 12/21/10 hearing.
Mr. Stephen Colgan was present for this continued application.
Mr. Nate Weiss who was present at the last meeting stated that he would like to give Mr. Colgan an opportunity to purchase abutting land that he had for sale or donate the land to him as non-profit.
Mr. Colgan stated that Mr. Weiss had asked if he was interested in buying land under the lake and Mr. Colgan was not. Mr. Colgan stated that Mr. Weiss was also not able to donate the land. Mr. Weiss was not present at the meeting.
Vice-Chair Palmer asked if there was anyone from the public wishing to make general remarks pertaining to this application. There were none.
Vice-Chair Palmer asked if there was anyone from the public speaking in favor of this application. There were none.
Vice-Chair Palmer asked if there was anyone from the public speaking against this application. There were none.
ZEO Leeming gave her overview of the variance request.
MOTION by R. Hall, SECOND by J. Lord to close the Public Hearing on ZBA application #10-006. MOTION CARRIED UNANIMOUSLY.
4. PENDING APPLICATIONS:
A. ZBA Application #10-006, of Stephen & Karen Colgan for property known as Indian Trail, North Stonington, CT 06359, located on the north side of Mountain Avenue, east from the intersection of Mountain Avenue with Indian Trail in an R-80 Zone. Applicant is requesting a variance to Section 1401A (c) (Accessory Apartments) and Section 1403.8 (d) (Design of In-Law Apartment) to allow for a detached garage/accessory apartment. Tax Map #45, Parcel #2481
Seated: C. Palmer, R. Hall, J. Lord, H. Chrissos, G. Brown
MOTION by G. Brown, SECOND by R. Hall to approve application #10-006 for a variance to Sections 1401A(c) and 1403D of the Zoning Regulations to vary the requirement that the parcel be double the acreage required in the underlying R-80 Zone of 160,000 square feet to 126,324 +/- as depicted on the map, to allow an 80 square foot increase in the maximum apartment size to accommodate the proposed detached accessory apartment above the new proposed garage 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 the septic system.
2. Applicant has demonstrated a valid hardship that is unique to the land.
3. The variance requested is in harmony with the general purpose and intent of the Regulations.
4. 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 #10-005, of North Stonington Properties, L.L.C. for property known as 183 Providence-New London Turnpike, North Stonington, CT 06359, located on the northwest corner from the intersection of Routes 2 & 184 in an OR Zone. Applicant is requesting a variance to Section 2004.1 (Freestanding-Street Signs S1) to allow for a 2nd freestanding sign and Section 2009.6 (Illuminated
Sign) to allow for internal illumination. Tax Map #117, Parcel #4737
Seated: C. Burger, C. Palmer, R. Hall, G. Brown, H. Chrissos
MOTION by R. Hall, SECOND by C. Palmer to deny application #10-005 for a variance to Sections 2004.1 and 2009.6 of the Zoning Regulations to allow for a second freestanding sign and internal illumination for the following reasons:
1. No valid hardship exists that is unique to the site.
2. The variance requested is not in harmony with the general purpose and intent of the Regulations.
3. A strict application of the Regulations does not unreasonably restrict the use of the applicant’s property for permitted uses allowed in the zone, and does not cause an unusual hardship unnecessary to carrying out the general purposes of the zoning plan.
MOTION CARRIED.
In favor of the motion: G. Brown, R. Hall, C. Palmer
Against: C. Burger, H. Chrissos
5. NEW APPLICATIONS: None
6. NEW BUSINESS:
A. Discussion of Dew Drop Liquor License
G. Brown discussed a decision he made in 1995/96 to not sign a liquor permit for the Dew Drop property because he believed it was an expansion of a non-conforming use in a non-conforming building. G. Brown stated that decision was taken to the ZBA by the applicant and the ZBA at that time upheld his decision. Mr. Brown stated that he believes that decision still stands.
ZEO Leeming gave her overview of the discussion and stated that new case law and zoning laws have changed since 1996 and she believes this is an intensification and not an expansion of a non-conforming use. ZEO Leeming stated that she did sign the liquor permit with the evidence presented to her with the regulations she had, the case law and the advice of the attorney. ZEO Leeming stated that the applicant could appeal it, which he won’t, and no one else could at this time. ZEO Leeming stated that when the Liquor Control Board grants the overall permit then any taxpayer has the right to challenge it at that time.
B. Review By-Laws
The Board went over their By-Laws and took the word Treasurer out of Section 2.1.0, in Section 3.0.4 the Board added ZEO Overview as a bullet item in B and added the word or staff in Item C. In Section 3.0.5 they added abutters notified within 100 feet. In Section 4.1.1 they changed the meeting time to 7:00 p.m. and in 5.1.0 they took the word secretary out and added staff.
MOTION by R. Hall, SECOND by C. Palmer to amend the following Sections of their By-Laws: 2.0.0, 3.0.4, 3.0.5, 4.0.0 and 5.0.0. MOTION CARRIED UNANIMOUSLY.
7. ELECTION OF OFFICERS:
Chairman
MOTION by J. Lord, SECOND by H. Chrissos to nominate C. Burger for Chairman. MOTION CARRIED UNANIMOUSLY.
Vice-Chair
MOTION by C. Palmer, SECOND by H. Chrissos to nominate J. Lord as Vice-Chair. MOTION CARRIED UNANIMOUSLY.
Secretary
MOTION by C. Palmer, SECOND by J. Lord to nominate R. Hall as Secretary. MOTION CARRIED UNANIMOUSLY.
8. OLD BUSINESS: None
9. CORRESPONDENCE: None
10. REVIEW MINUTES:
Review minutes of December 21, 2010 meeting
MOTION by C. Palmer, SECOND by J. Lord to approve the minutes of December 21, 2010 with the necessary corrections. MOTION CARRIED UNANIMOUSLY.
11. ADJOURNMENT:
MOTION by C. Palmer, SECOND by G. Brown to adjourn the meeting at 8:00 p.m. MOTION CARRIED UNANIMOUSLY.
Respectfully Submitted,
Cheryl Konsavitch
Cheryl Konsavitch, Administrative Assistant
Zoning Board of Appeals
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