Agenda - Planning Commission - 06/05/2003

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May 10, 2003 -- Page 3 front Commercial District and operated a small boatyard and boat building op- eration. He hved in a single-family residence also located on the same property. The continued use of the property by Avery and the previous owner consti- tuted a preexisting non-conforming use, and there was no evidence of'aban- donment of these uses. In April 2001, Avery applied for site plan approval for a project that main- tained the existing residential structure and established marine-related offices. On the application, Avery explained the intended uses all complied with the relevant statutes. The actual plan showed a 20-foot interior drive and fire lane. In the application, Avery requested a partial waiver from requirements for landscaping because of the small size of development and the fact some of the areas were only five feet wide. Some members of the public spoke in favor of the project, but Spicer spoke representing those opposed to the project. The Noank Fke District Zoning Commission approved the application, and Spicer appealed, claiming the approval of the application was arbitrary and capricious. He claimed the proposed uses violated the statute because there was a requirement for a variance. It was also alleged there would be an illegal expansion of the nonconforming, use: Spicer also contended that the fire lane was obstructed by the building's footprint and therefore deprived the lane of a full 20-foot width in the area of the building. DECISION: Affirmed. Substantial evidence supported the decision of the commission was sup- ported by substantial evidence. Further, there was no expansion of the preex- isting nonconforming use. The proposed uses, however, were not nonconform- ing but were .permitted under the statute. The court did, however, modify the decision of the commission by impos- ing a condition. Here, the footprint of the building had to be modified so as to provide an unobstructed 20-foot wide fire lane. Citation: Spicer's Noank Inner Marina LLC v. Noank Fire District Zoning Commission, Superior Court of Connecticut, Judicial District of New London, at New London, No. 559534 (2003). see also: Wnuk v. Zoning Board of Appeals, 626 A.2d 698 (1993). Subdivisions -- Business owners object to subdivision plan for Wal-Mart Owners cit Traffic concerns MAINE (3/5/03) -- The Trackers owned an Arby's Restaurant located at the intersection of the Mall Road and Route 116. There were two means of ingress and egress to the Mall Road from the restaurant. Arby's had an'access drive, and patrons were known to use a private service road of a nearby bank. In February 2001, Konover Development Corporation submitted an appli- cation for a site plan and subdivision enabling the construction of a Wal-Mart 441