BLACK POINT BEACH CLUB ASSOCIATION
Zoning Commission - Regular Meeting
Saturday, March 24, 2007, 8:00 AM

Black Point Beach Clubhouse - Sunset Avenue, Niantic, CT

1. Attendance and Establishment of a Quorum
MEMBERS PRESENT: Brian Ewings, Jim Moffett, Randy Molloy, Marianne O’Neil,
and Edward Cosgrove
MEMBERS ABSENT:
OTHERS; Charles Beckham, Zoning Enforcement Officer.

Chairperson O’Neil opened the meeting at 8:05AM and declared a quorum was present. Chair appointed Randy Molloy to replace John Sullivan, as a voting member for this meeting.

2. Election of BPBC Zoning Board Secretary

Chair asked for nominations to fill the position of Secretary, left vacant by resignation of John Sullivan. Mr. Cosgrove nominated Jim Moffett, seconded by Mr. Ewings. There being no other nominations, a vote was taken. The nomination was passed unanimously.

3. Announcements and Public Comments.

Mary Cahill, 47 Indianola, stated that the zoning issue regarding 42 Nehantic should not go to ZBA hearing.

Barbara Johnston, 37 Sea Crest Ave., remarked that this board is being unfair.

Tom Sheehan, 18 Indianola, asked how to get on the agenda; asked what the procedure to

be put on agenda; he stated concerns for outcome of 42 Nehantic as he is drawing plans

for his anticipated construction.

Dave Weiss, 98 East Shore, concerned that a permit for 42 Nehantic was issued.

Wilfred Fountain, 31 White Cap, is here to listen and learn how (zoning) process works.

4. Approval of the Minutes of the October 14, 2006 meeting.
Mr. Ewings moved for acceptance of the minutes which was seconded by Mr. Cosgrove.
The motion passed unanimously.

5. Report of the Zoning Enforcement Officer, including Commission action if
required.

a) 42 Nehantic Avenue

Mr. Beckham reviewed the Summary of Zoning Permit Activity as of March 24, 2007.
Copy as Attachment 1.

4 Sunrise will request a variance for a deck.

Discussion turned to brief history of 42 Nehantic. (See Attachment 2) States that BPBC
regulations are not clearly defined does not believe he issued permit in error.

Theodore Harris, 395 Main Street, Niantic, attorney representing builder (John Bonelli), stated that the roof line has changed ; there was living space on the second floor before, and there will be in future design; discussed similar issue in Old Lyme regarding intensification v expansion; summarized that issue is not well-defined by the courts; this board needs to include more explicit vertical expansion language in our regs; wants to resolve issue and that the board should agree with ZEO and clarify and change regulations.

Mr Malloy asked builder if square footage has changed. Mr. Bonelli says no.

Chairperson O’Neil advises that the Board basically has two (2) options: a.)We will not

pull permit and let homeowner continue, specifically stating this is not precedent setting.

Or, b.) Rescind permit and send to ZBA for variance.

Mr. Cosgrove disagrees – does not believe ZEO made a mistake. Mr. Ewings discussed intent of the regulations because he was a member of Zoning Commission at the time the regulation was implemented. He stated no vertical extension of any kind was intended in the setback areas without a variance from the ZBA.

The Chair asked for a motion to allow Riley (homeowners at 42 Nehantic) to continue with construction. This is not setting precedent, awaiting a legal opinion of BPBC zoning regulations from Association counsel. Motion was made by Mr. Ewings and seconded by Mr. Malloy, motion passed unanimously.

The Chair stated this Board needs to address vertical expansion and must either leave language as it is or change language for interpretation.

6. Old Business

A review of the issue of changing definition of a porch, landing size and steps was discussed. Issue of fines left open for future discussion.

7. New Business

The Chair discussed immediate goals for this Board to clarify and/or expand the size of landings, stairs and, review vertical expansion terminology to be included in regs – to be resolved by end of July 2007.

The Chair asked for written interpretation and final opinion (re: vertical expansion regulations) by Association counsel to be put on agenda for next meeting.

8. Next Meeting

The next meeting of the Commission will be April 28, 2007, at 10:00 a.m. in the Black
Point Beach Clubhouse.

9. Public Comments – limited to agenda items

Mary Lou Weidl, 22 Indianola Ave., asked about issue regarding 4 Sunrise, send to ZBA.

John Bonelli, 12 South Trail, stated as builder he finds the regs re vertical expansion confusing and should be changed.

Phil Hagaman, 49 Nehantic, states the issue with 42 Nehantic should not go to ZBA and should be decided here.

10. Executive Session if necessary

The Chair asked for a motion to go into executive session to discuss a personnel matter. Such a motion was made by Mr. Cosgrove and seconded by Mr. Ewings and passed unanimously. The executive session began at 9: 28 am. Mr. Ewings moved to close the session, which was seconded by Mr. Molloy and passed unanimously. The executive

session ended at 9: 42 AM.

11. Adjournment

Mr. Moffett made a motion to adjourn which was seconded by Mr. Molloy and passed unanimously. The meeting was adjourned at 9:45 AM.

Respectfully Submitted,
Jim Moffett
Recording Secretary