TUESDAY, OCTOBER 18, 2011
REGULAR MEETING
SENIOR CENTER
HOLLY GREEN PLAZA
391 NORWICH-WESTERLY ROAD
NORTH STONINGTON, CT 06359
DRAFT MINUTES
1. CALL TO ORDER: Vice-Chair Lord 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: James Lord-Vice-Chair, Robin Hall-Secretary, and Alternate Members Heather Chrissos and Hilaire Cote
COMMISSIONERS ABSENT: Charlie Burger-Chairman, Candy Palmer, Allana York and Alternate Member George Brown
STAFF PRESENT: Sr. Planner/ZEO Juliet Leeming and Administrative Assistant Cheryl Konsavitch
Vice Chair Lord read the Rules of Procedures into the record.
2. ADDITIONS TO THE AGENDA: None
3. PUBLIC HEARINGS:
ZBA Application #11-001, of James & Pamela Costello for property known as 39M Legen Wood Road, North Stonington, CT 06359, located on the north & east side of Cedars Road, Extension 2 & north & east from the intersection of Cedars Road, Ext. 2 with Cedars Road in an SUOA/R-80 Zone. Applicant is requesting a variance to Section 1301, Minimum Lot Size from the required 80,000 sq. ft. to approximately 67,000 sq. for year round occupancy.
Vice-Chair Lord read the application into the record.
Seated: J. Lord, R. Hall, H. Cote, H. Chrissos
James and Pamela Costello were present for this application.
Mr. Costello presented his green card as notice of proof to the abutting property owner.
Mr. Costello went over his variance request and stated that he was offered portions of Cedars Road and Cedars Road Extension, but when speaking with his attorney he was told that land could not count toward lot size calculations.
ZEO Leeming went over her review of this application and also that of Atty. Carey who this application was referred to for his legal opinion. Atty. Carey also stated that portions of the Road could not count toward lot size calculation, which is supported by case law and the Zoning Regulations. ZEO Leeming also stated that the Zoning Regulations were recently changed to disallow land under the lake to count towards minimum lot size. The applicant’s property does in fact abut the lake, and the land under the lake is owned by an LLC which can be sold.
The Board asked questions pertaining to the location of the property and septic..
Vice-Chair Lord asked if there was anyone from the public speaking in favor of this application. The following person spoke:
Paula Schmitt.
Vice-Chair Lord asked if there was anyone from the public speaking against this application. The following people spoke:
Nathan Weiss who submitted correspondence for the record which he went over with the Board.
Mark Coen
Vice-Chair Lord asked if there was anyone from the public wishing to make general remarks pertaining to this application. There were none.
Vice-Chair Lord asked if the applicant would like to make a summarization or rebuttal. Mr. Costello stated that the septic is good and they would like to use the property for more than 6 months out of the year.
MOTION by R. Hall, SECOND by H. Cote to close the Public Hearing on ZBA application #11-001. MOTION CARRIED UNANIMOUSLY.
4. PENDING APPLICATIONS:
ZBA Application #11-001, of James & Pamela Costello for property known as 39M Legen Wood Road, North Stonington, CT 06359, located on the north & east side of Cedars Road, Extension 2 & north & east from the intersection of Cedars Road, Ext. 2 with Cedars Road in an SUOA/R-80 Zone. Applicant is requesting a variance to Section 1301, Minimum Lot Size from the required 80,000 sq. ft. to approximately 67,000 sq. for year round occupancy.
MOTION by R. Hall, SECOND by H. Cote to approved Application #11-001 for a variance to Section 1301 (Minimum Lot Size), from the required 80,000 square feet to approximately 67,000 square feet for year round occupancy for the above-referenced parcel only 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. Applicant has presented a valid hardship unique to the parcel and created in part by a change in the Zoning Regulations.
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: None
7. OLD BUSINESS: None
8. CORRESPONDENCE: None
9. REVIEW MINUTES:
Review minutes of September 20, 2011 meeting
MOTION by H. Cote, SECOND by R. Hall to approve the minutes of September 20, 2011 with the necessary corrections. MOTION CARRIED UNANIMOUSLY.
10. ADJOURNMENT:
MOTION by R. Hall, SECOND by H. Cote 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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