» Meeting Minutes
A Public Hearing and Regular Meeting of the Black Point Beach Club Zoning Board of Appeals was held on Friday evening, May 26, 2006 at 7:20 PM at the Black Point Beach Club Association Clubhouse located at the corner of Woodland and Sunset Streets in Niantic, CT.
PRESENT: Peter Stempien, Chairman, Sally Cini, Secretary, Phil Hagaman, Bill Greenwood, Steve Whitman, Alternate
ALSO PRESENT: Harry Danos, Applicant, Attorney Thomas J. Londregan, Representing the Applicant, Bill Willetts, Alternate, Charlie Beckham, Black Point Beach Association ZEO
ABSENT: Don Wilkinson, Tom Hayes, Alternate
1. Call Public Hearing to Order
Chairman Stempien called the Public Hearing to order at 7:21 PM after the previously scheduled Public Hearing and Regular Meeting for Case 3-2006.
Mr. Stempien noted that he had seated Steve Whitman, Alternate at the table.
2. Read Notice of Public Hearing
Mr. Stempien started to read the Notice of Public Hearing into the record:
Case No. 4 - 2006: Request for variance in Section VIA (a) (b) (c) & VI plus error in ZEO action Section V & VI by Harry Danos et al for a building on property located at 5 Woodland Drive.
Mr. Stempien noted that this notice was sent to The Day for publication.
An unidentified member of the audience said that they are an abutting property owner and that they did not receive notice of this hearing.
Another abutting property owner said that they had just received a notice of this hearing in the mail today and that it had been mailed from Ohio. They noted that the regulations state that abutting property owners must be notified. Receiving the notice the day of the hearing was not adequate notice and does not allow anyone the time to prepare information or to review the application file.
Mr. Stempien said that they notified the people that they had seen listed on the application and that they had advertised the Notice of Hearing in the newspaper and that by the State General Statutes they did not have to do anything more.
Roger Redfield, 144 Old Black Point Road asked if it was a requirement that he get the Day newspaper otherwise he would not be notified of anything.
Bill Davies, 150 Old Black Point Road said that he is an adjoining property and that he did not receive any notice of this hearing.
Attorney Thomas Londregan, representing the applicant said that since all of the neighbors are here this evening that he felt that they could proceed and present their case and hold the hearing open for rebuttal at the next date.
Michael Gilberti, 8 Woodland Drive said that what is being proposed is not acceptable. They are all taxpayers here and they have to follow the rules and do things the proper way and Mr. Danos and the ZBA should also do the same. The rules need to be followed here.
Ms. Cini said that in her opinion it does not appear that the spirit of the law was followed here and that Mr. Danos should have filled out the application indicating all of the properties within fifty feet of any of his lot lines. She suggested that they get all of the information from the abutting property owners and notify them properly and continue the hearing until their next meeting in the end of June.
Mr. Hagaman asked Mr. Danos why he did not fill out the form properly.
Attorney Londregan said that they would be willing to have the hearing continued until their next meeting in June and make sure that they have all of the information on the abutting property owners for notice to be given to them.
Mr. Stempien said that their next meeting date would be Friday evening June 30, 2006 at 7 PM.
David Tretter, 9 Woodland Drive said that he has not had the chance to do his research at the Town Hall. With the little that he has found out regarding wetland areas on property and having to prove that the property can sustain a septic system, he would like to have the time to do more research regarding this application as the property directly abuts his. The property also has wetland areas on the front and back of it.
Mr. Hagaman asked that they stop discussion on this application.
Mr. Redfield, 144 Old Black Point Road said that the only reason why he was present was because one of his neighbors asked him if he was going to the meeting and he thought they were talking about the annual meeting of the Beach Association. When he found out they were talking about this one, he just came so that he would not be left out.
Barbara Johnston 35 Sea Crest Ave. asked if they would re-advertise this hearing.
Mr. Stempien said that they did not have to but that they would.
Attorney Londregan and Mr. Stempien asked that they make sure that they have all of the abutting property owners names and addresses. The recording secretary read what she had back to the audience to make sure that no one was missed. The following are property owners within 50 feet of any lot line of Mr. Danos at 5 Woodland Drive:
- Bill Davies – 150 Old Black Point Road, Niantic, CT 06357
- David & Kathryn Tretter – 9 Woodland Drive, Niantic, CT 06357
- Michael Gilberti – 8 Woodland Drive, Niantic, CT 06357
- Joyce Wojtas – 6 Woodland Drive, Niantic, CT 06357
- Roger Redfield – 144 Old Black Point Road, Niantic, CT 06357
**MOTION (1)
Mr. Hagaman moved to adjourn Case 4-2006 of the Black Point Beach Club Zoning Board of Appeals this evening at 7:35 PM, and continue it until Friday, June 30, 2006 at 7 PM.
Ms. Cini seconded the motion.
Vote: 5 – 0 – 0. Motion passed.
Respectfully submitted,
Karen Zmitruk,
Recording Secretary