Lake house hearing continues May 28

SALISBURY — The Zoning Board of Appeals decided it does not have jurisdiction to hear an appeal from Ann Marie Nonkin on the issuing of a certificate of zoning compliance for 144 Millerton Road.

The decision was made during a public hearing Tuesday, May 12, at Town Hall.

The board decided it does have jurisdiction over the question of a certificate of occupancy for the same property, however, and will take that matter up — again — when the hearing is continued on Thursday, May 28, 5:30 p.m. at Town Hall.

The testimony leading up to the decision on the jurisdiction over the certificate of zoning compliance was marked by a lengthy wrangle by attorneys over whether or not the appeal was filed on time. The board decided, ultimately, it was not.

Nonkin’s lawyer, William Conti, and the team of Bill Franklin and Mark Capecelatro, representing Dean and Margaret Haubrich, asked for time to meet privately, and there was an interval of about 40 minutes until the parties came back to the room and asked for a continuance.

Peter Herbst, the ZBA’s attorney, reminded the parties that the ZBA has already ruled on the certificate of occupancy. (The ZBA, in a very unusual move, revoked the certificate of occupancy Aug. 28, 2008.)

“This board will want to know —  what’s different?â€� he said to the Haubrich’s attorneys.

Board Chairman Jeff Lloyd said the continued hearing May 28 would begin in the first floor meeting room at Town Hall at 5:30 p.m. and adjourn upstairs to the second floor meeting room if necessary to accommodate a crowd.

At the Aug. 28, 2008 meeting, the ZBA voted unanimously to grant the appeal of Nonkin, a Millerton Road resident, who had taken the town and her neighbor to court over the building of a large house next door — one that Nonkin and her attorneys claimed was built without proper permits.

The board ruled at that time that the Haubrich home on the shores of Lake Wononscopomuc went beyond what was authorized by the zoning permit issued by town Zoning Administrator Nancy Brusie on Nov. 17, 2006. That permit allowed for “internal renovations,� but the scope of the project included the demolition of a small existing ranch home and the addition of a second floor.

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