TUESDAY, SEPTEMBER 17, 2013
REGULAR MEETING
SENIOR CENTER
HOLLY GREEN PLAZA
391 NORWICH-WESTERLY ROAD
NORTH STONINGTON, CT 06359
MINUTES APPROVED ~ OCTOBER 15, 2013
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 Ed McGowan, III
and Vilma Gregoropoulos
COMMISSIONERS ABSENT: Alternate Member Hilaire Cote
STAFF PRESENT: Sr. Planner/ZEO Juliet Leeming, Administrative Assistant Cheryl Konsavitch
2. ADDITIONS TO THE AGENDA: None
Chairman Burger read the Rules of Procedure for the Public Hearing into the record.
3. PUBLIC HEARINGS:
ZBA Application #13-002, of Brian J. Stafford for property known as Denison Hill Rd., North Stonington, CT 06359, located on the east side of Denison Hill Rd. approximately 700 feet north from the intersection of Denison Hill Rd. with Princess Lane in an R-80 Zone. Tax Map #73, Parcel #1773 Applicant is requesting a variance to Section 1304 (Minimum Street Frontage) to reduce the requirement of 250 ft. to 0 ft. and Section 1304.1 to allow construction on a lot without contiguous frontage on a town accepted road or state highway. Variances are necessary to establish a building lot on a pre-existing, non-conforming lot with no frontage. (PH opened on 9/17/13; Commission received on 8/20/13 & PH must close on or by 10/21/13)
Chairman Burger read the application into the record.
C. Palmer recused herself
Seated: C. Burger, J. Lord, R. Hall, H. Chrissos, E. McGowan
The certified mail receipts as notice of proof of mailings to the abutting property owners were received in the Land Use Office on 9/9/13.
Mr. Brian Stafford and Mr. Scot Deledda, Engineer were present for this application.
Mr. Deledda went over the variance request and site plan with the Board.
The Board asked general questions pertaining to this application.
ZEO Leeming gave her review of the application stating the applicant is requesting a variance of Sections 1304 and 1304.1 to reduce the requirement of 250 ft. to 0 ft. to allow construction on a lot without contiguous frontage on a town accepted road or state highway on a pre-existing, non-conforming lot with no frontage but with a deeded right-of-way to a state highway.
Chairman Burger asked if there was anyone from the public speaking in favor of this application. The following person spoke:
George Brown
Chairman Burger asked if there was anyone from the public speaking against this application. The following person spoke.
Ron Walter who also submitted a map of the parcel (Exhibit A)
Chairman Burger asked if there were any general remarks or comments from the public regarding this application. There were none.
Chairman Burger asked if the applicant would like to make a summarization or rebuttal. Mr. Stafford stated this is a non-conforming, pre-existing lot with no frontage.
MOTION by R. Hall, SECOND by H. Chrissos to close the Public Hearing on ZBA Application #13-002. MOTION CARRIED UNANIMOUSLY.
4. PENDING APPLICATIONS:
ZBA Application #13-002, of Brian J. Stafford for property known as Denison Hill Rd., North Stonington, CT 06359, located on the east side of Denison Hill Rd. approximately 700 feet north from the intersection of Denison Hill Rd. with Princess Lane in an R-80 Zone. Tax Map #73, Parcel #1773 Applicant is requesting a variance to Section 1304 (Minimum Street Frontage) to reduce the requirement of 250 ft. to 0 ft. and Section 1304.1 to allow construction on a lot without contiguous frontage on a town accepted road or state highway. Variances are necessary to establish a building lot on a pre-existing, non-conforming lot with no frontage.
Chairman Burger read the application into the record.
Seated: C. Burger, J. Lord, R. Hall, H. Chrissos, E. McGowan
MOTION by R. Hall, SECOND by E. McGowan to approve ZBA Application #13-002, of Brian J. Stafford for property known as Denison Hill Rd., North Stonington, CT 06359, located on the east side of Denison Hill Rd. approximately 700 feet north from the intersection of Denison Hill Rd. with Princess Lane in an R-80 Zone. Tax Map #73, Parcel #1773 for a variance to Section 1304 (Minimum Street Frontage) to reduce the required minimum road frontage in an R-80 Zone from 250 ft. to 0 ft. and Section 1304.1 to allow construction on a lot without contiguous frontage on a town accepted road or state highway. Variances are necessary to establish a building lot on a pre-existing, non-conforming lot with no frontage but with a deeded right-of-way to a state highway.
The reasons to approve are as follows:
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. The creation of the lot predates zoning and the hardship is therefore created by the implementation of the frontage requirement 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.
MOTION by V. Gregoropoulos, SECOND by C. Palmer to amend the agenda to do New Business before New Applications. MOTION CARRIED UNANIMOUSLY.
5. NEW BUSINESS:
ZBA Application #13-003, of Donald & Rebecca Welch for property known as 246 Mystic Rd., North Stonington, CT 06359, located on the northerly side of Mystic Rd. (Rt. 201) north from the intersection of Al Harvey Rd. with Mystic Rd. in an R-80 Zone. Tax Map #107, Parcel #6173. Applicant is requesting location approval for a dealers/repairs license to operate a home business auto repair shop.
Chairman Burger read the application into the record.
Seated: C. Burger, J. Lord, R. Hall, C. Palmer, H. Chrissos
ZEO Leeming gave her review of this application stating it is before the ZBA to request location approval to open a motor vehicle repair shop as a Home Occupation. ZEO Leeming stated this application is just one step in a larger approval process that involves the State, Wetlands Commission, and the Planning & Zoning Commission.
Mr. Donald Welch presented the application to the Board and stated he would be the sole proprietor.
MOTION by C. Palmer, SECOND by J. Lord to approve ZBA Application #13-003, of Donald & Rebecca Welch for property known as 246 Mystic Rd., North Stonington, CT 06359, located on the northerly side of Mystic Rd. (Rt. 201) north from the intersection of Al Harvey Rd. with Mystic Rd. in an R-80 Zone. Tax Map #107, Parcel #6173. Applicant is requesting location approval for a dealers/repairs license to operate a home business auto repair shop with the following stipulations:
1. The repair facility must be clearly secondary to the principal use and may only occupy a space equal to 400 square feet or 25% of the floor area of the dwelling, whichever is larger.
2. There will be no outside storage of unregistered vehicles or equipment related to the Home Occupation that could potentially have a negative impact on the environment.
MOTION CARRIED UNANIMOUSLY
6. NEW APPLICATIONS:
A. ZBA Application #13-004, of Emma Dugas for property known as 45 Lakeside Dr., North Stonington, CT 06359, located on the west side of Lakeside Dr. approximately 90 feet west from the intersection of Lakeside Dr. with Cossaduck Hill Rd. (CT Rte. 201) in an R-80/SUOA. Applicant is requesting a variance to Section 1305.1 (Setback Dimensions) to reduce the side yard setback from the required 20 ft. to 9.49 ft. on the east side of the property in the vicinity of the house only and Section 1505.2A to allow an increase in cubical content of a non-conforming structure. Tax Map #45, Parcel #2611
B. ZBA Application #13-005, of Douglas L. & Janet S. Henderson, 62J Patricia Ave., North Stonington, CT 06359, located on the westerly side of Patricia Ave. approximately 2,110 feet south from the intersection of Patricia Ave. with Miller Rd. in an R-80. Applicant is requesting a correction of an error in an order, requirement, or decision made by the Zoning Enforcement Officer regarding the use of the referenced property. Tax Map #45, Parcel #5863
MOTION by C. Palmer, SECOND by V. Gregoropoulos to accept ZBA application #13-004 and #13-005 and set for Public Hearings on October 15, 2013. MOTION CARRIED UNANIMOUSLY.
7. NEW BUSINESS: None
8. OLD BUSINESS: None
9. CORRESPONDENCE: None
10. REVIEW MINUTES:
Review minutes of July 16, 2013 meeting
MOTION by C. Palmer, SECOND by J. Lord to accept the minutes of July 16, 2013 as written. MOTION CARRIED UNANIMOUSLY.
11. ADJOURNMENT:
MOTION by C. Palmer, SECOND by R. Hall to adjourn the meeting at 8:07 p.m. MOTION CARRIED UNANIMOUSLY.
Respectfully Submitted,
Cheryl Konsavitch
Cheryl Konsavitch, Administrative Assistant
Zoning Board of Appeals
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