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Zoning Board of Appeals Minutes 07/16/2013 Approved
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Last Updated: 2013/9/18
  
 
           
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TUESDAY, JULY 16, 2013
 
REGULAR MEETING
 
SENIOR CENTER
HOLLY GREEN PLAZA
391 NORWICH-WESTERLY ROAD
NORTH STONINGTON, CT  06359
 
 
 MINUTES APPROVED ~ SEPTEMBER 17, 2013
 
1.   CALL TO ORDERVice-Chair James 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, Candy Palmer, Heather Chrissos (arrived at 7:10 p.m.) and Alternate Members Hilaire Cote, Ed McGowan, III
and Vilma Gregoropoulos (arrived at 7:05 p.m.)
 
COMMISSIONERS ABSENTCharlie Burger, Chairman
 
STAFF PRESENT:  Sr. Planner/ZEO Juliet Leeming, Administrative Assistant Cheryl Konsavitch
 
2.  ADDITIONS TO THE AGENDA:  None 
 
Vice-Chair Lord read the Rules of Procedures into the record.
 
3.   PUBLIC HEARINGS
 
ZBA Application #13-001, of Daniel & Kara Rose for property known as 278F Pendleton Hill Rd., North Stonington, CT  06359, located on the east side of  Pendleton Hill Rd. approximately 130 feet north from the intersection of  Hangman Hill Rd. with Pendleton Hill Rd. in an R-80 Zone.  Tax Map #110, Parcel #9525  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 but with a deeded 10’ right-of-way to a state highway. 
 
Vice-Chair Lord read the application into the record.
 
Seated:  J. Lord, R. Hall, C. Palmer, H. Cote, E. McGowan 
 
The green cards as notice of proof of mailings to the abutting property owners were received in the Land Use Office on 7/11/13.
 
Representing the applicants were Mr. Scot Deledda, Engineer, and Mr. John Comeau, Surveyor.
 
Mr. Deledda went over the variance request and site plan with the Board.
 
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 10’ right-of-way to a state highway.
 
Vice-Chair Lord asked if there was anyone from the public speaking in favor of this application.  The following person spoke:
 
Charlie 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 were any general remarks or comments from the public regarding this application.  The following person spoke:
 
Mary Colechia
 
Vice-Chair Lord asked if the applicants would like to make a summarization or rebuttal.  They did not.
 
MOTION by V. Gregoropoulos, SECOND by R. Hall to close the Public Hearing on ZBA Application #13-001.  MOTION CARRIED UNANIMOUSLY.
 
4.   PENDING APPLICATIONS:  
 
ZBA Application #13-001, of Daniel & Kara Rose for property known as 278F Pendleton Hill Rd., North Stonington, CT  06359, located on the east side of  Pendleton Hill Rd. approximately 130 feet north from the intersection of  Hangman Hill Rd. with Pendleton Hill Rd. in an R-80 Zone.  Tax Map #110, Parcel #9525  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 but with a deeded 10’ right-of-way to a state highway. 
 
Vice-Chair Lord read the application into the record.
 
Seated:  J. Lord, R. Hall, C. Palmer, H. Cote, E. McGowan 
 
MOTION by R. Hall, SECOND by C. Palmer to approve ZBA Application #13-001, of Daniel & Kara Rose for property known as 278F Pendleton Hill Rd., North Stonington, CT  06359 for a variance to Sections 1304 and 1304.1 of the Zoning Regulations to reduce the required minimum road frontage in an R-80 Zone from 250’ to 0’ to allow construction on a lot without continuous 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 10’ 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.
 
5.   NEW APPLICATIONSNone
 
6.   NEW BUSINESSNone
 
7.   OLD BUSINESSNone 
 
8.   CORRESPONDENCENone
 
9.  REVIEW MINUTES:
 
Review minutes of November 20, 2012 meeting
 
MOTION by C. Palmer, SECOND by R. Hall to accept the minutes of November 20, 2012 as written.  MOTION CARRIED UNANIMOUSLY.
 
10.   ADJOURNMENT:
 
MOTION by C. Palmer, SECOND by E. McGowan to adjourn the meeting at 7:17 p.m.  MOTION CARRIED UNANIMOUSLY.
 
     Respectfully Submitted,
 
     Cheryl Konsavitch
 
 
    Cheryl Konsavitch, Administrative Assistant
     Zoning Board of Appeals