BLACK POINT BEACH CLUB ASSOCIATION
Zoning Commission - Regular Meeting
Saturday, April 28, 2007, 10:00 AM

Black Point Beach Clubhouse - Sunset Avenue, Niantic, CT

1. Attendance and Establishment of a Quorum
MEMBERS PRESENT: Marianne O’Neil (Chair), Edward Cosgrove, Brian Ewings, Jim Moffett
MEMBERS ABSENT: Randy Molloy
OTHERS: Charles Beckham, ZEO
Chairperson O’Neil opened the meeting at 10:04AM and declared a quorum was present.

2. Announcements and Public Comments
John Bonelli, 12 South Trail, asked the Board about the definition of Living Space and what is not, he referred to a number of interpretations and examples around Black Point.

3. Approval of the minutes of the March 24, 2006 meeting
Edward Cosgrove moved for acceptance of the minutes which was seconded by Brian Ewings. The motion passed unanimously.

4. Report of the Zoning Enforcement Officer, including commission action as required
The April 2007 Zoning Permit Applications Report was distributed to Commission members and reviewed – See Attachment A.

Mr. Beckham stated that 4 Sunrise property owner will be asking for variance for deck and 43 Sunrise will also be asking for variance for shed setback.

5. Old Business
Vertical Expansion of Existing Non-Conforming Space
Considerable discussion focused on reviewing the notes from the July 19, 2003, public hearing regarding subject old business.

Chair stated that it is the opinion of Association counsel that the Commission cannot enforce subject because the language only referenced to additional 2nd floor space.

Mr. Cosgrove asked what the intention was back on ’03? Chair responded that the addition of 2nd floor where there was no pre-existing living space there before. Also stated the need to firm up zoning language and how to interpret it.

Chair asked how to go forward – as a Commission, we should consider more stringent interpretation. Furthermore, how to reword it. To be clear on what the intent is and how to enforce it.

Edward Cosgrove made a motion to accept new language until public hearing is held in August 2007.

“Where there is existing non-conforming living space on an existing 2nd floor, vertical expansion is permitted.”

moved for acceptance of the motion was made by Mr. Cosgrove which was seconded by Mr. Moffett. The motion passed 3 -YES (O’Neil, Moffett, Cosgrove) 1 NO (Ewings) – Motion passed.

Size of Landings in Setback Areas
Discussion focused on a consensus of the Board is the need to review existing regulations regarding this subject matter and to add for next meeting.
What is the comfort level – should we change to 4 feet by 4 feet.

6. New Business
Planning for a Mid August 2007 Public Hearing for the new changes to regs.

7. Public Comments-limited to agenda items
Mary Lou Weidl, 22 Indianola, concerned of an illegal camping trailer in South Beach area we should have ZEO check out.

8. Executive Session if necessary
None

9. Next Meeting
The next meeting of the Commission will be May 26, 2007, at 8:00 AM in the Black Point Beach Clubhouse.

10. Adjournment
Mr. Ewings made a motion to adjourn which was seconded by Mr. Cosgrove and passed unanimously. The meeting was adjourned at 10:55 AM.

Respectfully Submitted,
Jim Moffett
Recording Secretary