TUESDAY, APRIL 19, 2016

 

REGULAR MEETING

 

SENIOR CENTER

HOLLY GREEN PLAZA

391 NORWICH-WESTERLY ROAD

NORTH STONINGTON, CT  06359

 

 

MINUTES APPROVED ~ MAY 17, 2016

 

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, Candy Palmer, Robin Hall, Heather Chrissos, and Alternate Member Anne Nelson 

 

COMMISSIONERS ABSENT:  Alternate Members Gary Thompson and Amy Kimball

 

STAFF PRESENT:  Sr. Planner/ZEO Tom Zanarini and Administrative Assistant Cheryl Konsavitch 

 

2.  ADDITIONS TO THE AGENDA:  None   

 

3.   PUBLIC HEARINGS: 

 

ZBA Application #15-001, of Vincent J. Nadolny and Barbara Jo Chimenti for property known as 435 Providence-New London Turnpike, North Stonington, CT  06359, located on the northerly side of CT Route No. 184 a/k/a Providence-New London Turnpike approximately 2,000 feet, easterly from the intersection of CT Route No. 184 with Stillman Road in an R-60 Zone.  Tax Map #111, Parcel #8948 Applicant is requesting a variance to Section 313.1(B)(1) Variance to allow three (3) parcels to share a residential driveway and Section 313.1(e) Variance to allow a maximum driveway grade of 14% to accommodate the grade of the existing shared driveway.  Variances are requested in conjunction with the proposed subdivision of the adjoining Elias property into three (3) residential building lots, 2 built lots and 1 vacant.

 

Seated:  C. Burger, J. Lord, R. Hall, C. Palmer, H. Chrissos

 

Atty. Harry Heller representing the applicant and Brian Elias were present.

 

Atty. Heller went over the continued variance application to allow 3 parcels to share a residential driveway and submitted a request to withdraw the request of a variance to Section 313.1e to allow a maximum driveway grade of 14% to accommodate the grade of the existing shared driveway.

 

Atty. Heller went over his memo regarding the variance application dated April 14, 2016 and received on April 18, 2016 with the Board.

 

The Board asked questions pertaining to the variance request.

 

ZEO Zanarini gave his overview and stated no hardship exists and a non-conformity is being created.  ZEO Zanarini also went over information sent from Atty. Avena on new Connecticut Supreme Court Decisions about the Hardship Requirement for Zoning Variances

 

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 were any general remarks or comments from the public regarding this application.  There were none.

 

Chairman Burger asked if the applicant would like to summarize or make a rebuttal.  Atty. Heller stated he does not agree with the hardship requirements memo sent by Atty. Avena and submitted case law appeals Vernon Stancuna vs ZBA of the Town of Wallingford (Exhibit 5) and Wanda Vine vs ZBA of the Town of North Branford (Exhibit 6).

 

MOTION by C. Palmer, SECOND by R. Hall to close the Public Hearing on application #15-001.  MOTION CARRIED UNANIMOUSLY

 

4.   PENDING APPLICATIONS:  

 

ZBA Application #15-001, of Vincent J. Nadolny and Barbara Jo Chimenti for property known as 435 Providence-New London Turnpike, North Stonington, CT  06359, located on the northerly side of CT Route No. 184 a/k/a Providence-New London Turnpike approximately 2,000 feet, easterly from the intersection of CT Route No. 184 with Stillman Road in an R-60 Zone.  Tax Map #111, Parcel #8948 Applicant is requesting a variance to Section 313.1(B)(1) Variance to allow three (3) parcels to share a residential driveway.  Variances are requested in conjunction with the proposed subdivision of the adjoining Elias property into three (3) residential building lots, 2 built lots and 1 vacant.

 

Seated:  C. Burger, J. Lord, R. Hall, C. Palmer, H. Chrissos

 

MOTION by C. Palmer, SECOND by H. Chrissos to approve ZBA Application #15-001, of Vincent J. Nadolny and Barbara Jo Chimenti for property known as 435 Providence-New London Turnpike, North Stonington, CT  06359, located on the northerly side of CT Route No. 184 a/k/a Providence-New London Turnpike approximately 2,000 feet, easterly from the intersection of CT Route No. 184 with Stillman Road in an R-60 Zone.  Tax Map #111, Parcel #8948 Applicant is requesting a variance to Section 313.1(B)(1) Variance to allow three (3) parcels to share a residential driveway.  Variance is requested in conjunction with the proposed subdivision of the adjoining Elias property into three (3) residential building lots, 2 built lots and 1 vacant, with the stipulation that the new lot is to be developed as a single-family residence only with no accessory dwelling units permitted for the following reasons:

1.  You would be decreasing two (2) non-conformities;

 

2.  The Inland Wetlands Commission has determined that there was an environmental impact and a prudent and feasible alternative was to use the available existing shared driveway and;

 

3.   The variance is in harmony with the Town’s Plan of Conservation and Development (POCD).

MOTION CARRIED

 

Opposed:  J. Lord

 

5.   NEW APPLICATIONS:   

 

ZBA Application #16-001, of Mark Joseph Bushy, (David & Lisa Bushy, Custodians) for property known as 66D Billings Lake Road (Billings Road), North Stonington, CT  06359, located on the west side of Lake Billings approximately 250 feet, south east from the intersection of Cedars Road with Cedars Road in an R-80/SUO Zone (Seasonal Use Overlay District).  Tax Map #45, Parcel #6358.  Applicant is appealing from an order, requirement, or decision made by the Zoning Enforcement Officer regarding the ability to utilize a lot as a seasonal building lot. 

 

Public Hearing scheduled for May 17, 2016

 

6.   NEW BUSINESS: None

 

7.   OLD BUSINESS:  None 

 

8.   CORRESPONDENCE:  None

 

9.  REVIEW MINUTES:

 

Review minutes of January 19, 2016 meeting

 

MOTION by C. Palmer, SECOND by R. Hall to accept the minutes of January 19, 2016 as written.  MOTION CARRIED UNANIMOUSLY.

 

10.   ADJOURNMENT:

 

MOTION by C. Palmer, SECOND by R. Hall to adjourn the meeting at 7:35 p.m.  MOTION CARRIED UNANIMOUSLY.

 

     Respectfully Submitted,

 

     Cheryl Konsavitch

 

    Cheryl Konsavitch, Administrative Assistant, Zoning Board of Appeals