The Planning and Zoning Commission did not take an official vote about a non-conforming rebuilt cottage at its April 16 meeting, but the sense of the commission was the application will be denied.
The commission is reviewing the status of a non-conforming cottage at 306 Lyons Plain Road, owned by Jay Faillace, which was demolished at one point and then rebuilt without a zoning permit.
Because the cottage, which is incidental to a residence on the property, was deemed to be a pre-existing non-conforming use, a zoning permit was needed for substantial work to be done on it.
The commission determined the cottage was not just remodeled, but had in fact been demolished and rebuilt in violation of zoning regulations.
Non-conforming properties have strict guidelines and prohibitions about expanding or changing their use. The properties revert back to residential use if their original non-conforming use is deemed to be “abandoned.”
Land use issues with the cottage started in 2009, when the town issued Mr. Faillace a notice of violation for constructing a structure without a permit. Mr. Faillace then applied for and was denied a variance by the Zoning Board of Appeals.
He currently has a lawsuit pending against the town for that decision.
In the current P&Z application, neighbors sent letters to the commision in support of the cottage. The commission intends to vote on the issue at its next meeting.