TUESDAY, JANUARY 17, 2012
REGULAR MEETING
SENIOR CENTER
HOLLY GREEN PLAZA
391 NORWICH-WESTERLY ROAD
NORTH STONINGTON, CT 06359
MINUTES APPROVED ~ APRIL 17, 2012
1. CALL TO ORDER: Chairman Charlie 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, James Lord, Vice-Chair, Robin Hall-Secretary, Candy Palmer, Heather Chrissos and Alternate Members Hilaire Cote, Vilma Gregoropoulos and Edmond McGowan, III
COMMISSIONERS ABSENT: None
STAFF PRESENT: Sr. Planner/ZEO Juliet Leeming and Administrative Assistant Cheryl Konsavitch
2. ADDITIONS TO THE AGENDA: None
Chairman Burger read the Rules of Procedures into the record.
3. PUBLIC HEARINGS:
A. Amended & continued ZBA Application #11-003, of Martha D. Bradshaw for property known as 59 Denison Hill Road, North Stonington, CT 06359, located on the west side of Denison Hill Road approximately 31,700 feet north from the intersection of E. Clarks Falls Rd. (aka. Rt. 216) with Denison Hill Rd. in an R-80 Zone. Applicant is requesting a variance to Section 1305.1 (Setback Dimensions) from the required front yard setback of 50 ft. to 41 ft. in the vicinity of the house only and Section 1505.2A to allow an increase in cubical content of a non-conforming structure to allow for a 10’x13’ addition to the front of the building. Tax Map # 90, Parcel #1309
Section 1505.2A to allow an increase in cubical content of a non-conforming structure to allow for a 10’x13’ addition to the front of the building.
Seated: J. Lord, C. Palmer, R. Hall, E. McGowan, V. Gregoropoulos
Chairman. Burger recused himself.
Vice-Chair Lord read the application into the record.
Mr. Bill Smith was present representing Mr. Bradshaw.
The application was continued and amended from last month. The legal ad was re-advertised to include Section 1505.2A and the notice to abutters was also re-sent to notify them of the amendment. The regulations that recognize historic streetscapes via the front setback are unclear as to whether the applicant actually needs a variance, but that the application was continued for correctness sake.
ZEO Leeming went over her amended memo stating the applicant proposes to build a 10’ x 13’ addition to an existing porch for the purpose of converting the space into a family room. ZEO Leeming stated the house was built before 1964, and the zoning regulations have created the hardship.
Vice-Chair Lord asked if there was anyone from the public speaking in favor of this application. The following person spoke:
Bill Smith
Vice-Chair Lord asked if there was anyone from the public speaking against this application. There were none.
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. Smith did not.
MOTION by C. Palmer, SECOND by V. Gregoropoulos to close the Public Hearing on ZBA application #11-003. MOTION CARRIED UNANIMOUSLY.
B. ZBA Application #11-004, of Albert DeLima for property known as Lakeside Drive, North Stonington, CT 06359, located on the north side of Lakeside Drive approximately 100 feet southwest from the intersection of Polly Avenue with Lakeside Drive in an R80/SU Zone. Applicant is requesting a variance to Section 1305.1 (Setback Dimensions) to reduce the side yard setback from the required 20 ft. to 10 ft. in the vicinity of the house only and Section 1505.2A to allow an increase in cubical content of a non-conforming structure to allow for a 20’ x 24’ second story addition. Tax Map #45, Parcel #2659
Seated: C. Burger, J. Lord, R. Hall, C. Palmer, H. Chrissos
V. Gregoropoulos recused herself
Chairman Burger read the application into the record.
Mr. DeLima was present and submitted his green cards as notice of proof to the abutting property owners.
Mr. DeLima went over his variance request and stated he would like to add a 20’ x 24’ second story addition to move the existing bedrooms upstairs.
ZEO Leeming went over her review and stated the house pre-dates zoning and the applicant is unable to purchase additional land. The topography between the house and the road also makes it difficult or impossible to build without cutting into the slope. Under current zoning regulations, slopes above 30% are considered unbuildable.
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 summarization or rebuttal. Mr. DeLima stated he was adding on a second story addition to move the bedrooms upstairs and was making the house look more like a cottage.
MOTION by J. Lord, SECOND by C. Palmer to close the Public Hearing on ZBA application #11-004. MOTION CARRIED UNANIMOUSLY.
4. PENDING APPLICATIONS:
A. ZBA Application #11-003, of Martha D. Bradshaw for property known as 59 Denison Hill Road, North Stonington, CT 06359, located on the west side of Denison Hill Road approximately 31,700 feet north from the intersection of E. Clarks Falls Rd. (aka. Rt. 216) with Denison Hill Rd. in an R-80 Zone. Applicant is requesting a variance to Section 1305.1 (Setback Dimensions) from the required front yard setback of 50 ft. to 41 ft. in the vicinity of the house only and Section 1505.2A to allow an increase in cubical content of a non-conforming structure to allow for a 10’x13’ addition to the front of the building. Tax Map # 90, Parcel #1309
Seated: J. Lord, C. Palmer, R. Hall, E. McGowan, V. Gregoropoulos
MOTION by V. Gregoropoulos, SECOND by C. Palmer to a approve ZBA application #11-003 for a variance to Sections 1305.1 of the Zoning Regulations to reduce the front yard setback from 50’ to 41’ in the vicinity of the house only and to Section 1505.2A to allow for an increase in cubical content of a non-conforming structure, to accommodate a 10’ x 13’ addition to the front of the building for the following reasons:
1. The applicant has presented a valid hardship. Zoning Regulations have effectively created the hardship.
2. The variance requested is in harmony with the general purpose and intent of the Regulations. Section 1305.1 states in part that if a lot is abutted on both sides by lots containing a principal structure that is closer to the front boundary than the front setback allows, the minimum front yard setback for the center lot may be reduced to the average of the actual front yard setbacks of the existing, adjacent, non-conforming principal structures.
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 #11-004, of Albert DeLima for property known as Lakeside Drive, North Stonington, CT 06359, located on the north side of Lakeside Drive approximately 100 feet southwest from the intersection of Polly Avenue with Lakeside Drive in an R80/SU Zone. Applicant is requesting a variance to Section 1305.1 (Setback Dimensions) to reduce the side yard setback from the required 20 ft. to 10 ft. in the vicinity of the house only and Section 1505.2A to allow an increase in cubical content of a non-conforming structure to allow for a 20’ x 24’ second story addition. Tax Map #45, Parcel #2659
Seated: C. Burger, J. Lord, R. Hall, C. Palmer, H. Chrissos
MOTION by J. Lord, SECOND by R. Hall to approve ZBA application #11-004 for a variance to Section 1505.2A of the Zoning Regulations to allow an increase in cubical content of a non-conforming structure and to Section 1305.1 of the Zoning Regulations to reduce the required side yard setback in a SUOA from 20’ to 10’ to accommodate the proposed 20’ x 24’ second story addition only, as indicated on the plan. The side yard setbacks will remain at 20’ 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 addition elsewhere due to topographic restraints, the presence of a septic system, and due to the unusually narrow lot configuration.
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 December 20, 2011 meeting
MOTION by C. Palmer, SECOND by J. Lord to approve the minutes of December 20, 2011 with the necessary corrections. MOTION CARRIED UNANIMOUSLY.
10. ADJOURNMENT:
MOTION by C. Palmer, SECOND by V. Gregoropoulos to adjourn the meeting at 7:30 p.m. MOTION CARRIED UNANIMOUSLY.
Respectfully Submitted,
Cheryl Konsavitch
Cheryl Konsavitch, Administrative Assistant
Zoning Board of Appeals
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