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Debate over how to protect lakes continues Nov. 3 meeting

SALISBURY — The Planning and Zoning Commission (P&Z) held a public hearing on a proposed amendment to the town’s zoning regulations in front of an overflow crowd at Town Hall Tuesday, Oct. 5.

The proposal comes from the Lake Wononscopomuc Association and asks that the rules regarding adding additional floors to nonconforming buildings within 75 feet of the water be amended to prohibit such construction.

The association’s position was spelled out succinctly in an e-mail to members and other interested parties from association President Bill Littauer:

“We need your support for the Zoning Text Amendment proposed to the Planning and Zoning Commission concerning vertical expansion of nonconforming houses in the Lake Protection Overlay Zone. The amendment is proposed by the Lake Wononscopomuc Association.

 â€œThere has been a prohibition against building houses within 75 feet of the waterline since 1959. But about two-and-a-half years ago, the zoning regulations were amended to allow Planning and Zoning to issue special permits for expansion of nonconforming buildings to two stories.

“There are an estimated 30 cabins or small buildings around Twin Lakes and at least a dozen on Wononscopomuc that might qualify for this special permit.

“There may be good reason to permit expansion of nonconforming buildings to create more affordable housing in Salisbury. We are only asking to exclude the Lake Protection Overlay Zone so that we particularly do not permit large houses within 75 feet of the water.�

Littauer had some 30 e-mails supporting the association’s request, and sentiment in the room was clearly in its favor.

He stated at the hearing that there were three main reasons to do as the association asks: to diminish environmental hazards to the lake, to preserve the scenic qualities of the lake and to “restore a sense of consistency� to the regulations.

Littauer and attorney Chris Smith each made lengthy presentations to the commission, some of whom were skeptical.

Commission member Jon Higgins repeatedly said the current situation is that property owners with a nonconforming home (within the 75 feet) who wish to build vertically must apply for a special permit. He called that a more-than-adequate safeguard against construction that would damage the lake or the environment, or create aesthetic problems.

P&Z Vice Chairman Michael Klemens said the special permit process “actually became more restrictive. I don’t think we loosened up anything.�

But Smith and Littauer both argued that the proper way to proceed would be to adopt the language of the amendment. Homeowners prevented from building could then go to the Zoning Board of Appeals to ask for a variance.

But Higgins said that the existing special permit process included “proper analysis� of any given situation. “I’m uncomfortable with denying expansion to someone with a nonconforming situation that evolved over time or was inherited.�

Klemens and Alan Cockerline both said that modern engineering and construction techniques make it possible to build without damaging the environment.

And town planning consultant Tom McGowan said, “There’s more to this than just tweaking the existing regulation.�

Higgins was conciliatory. “I don’t think we’re at odds on the ultimate goal of lake protection. The question is how we get there.�

The bulk of the public comments favored the amendment. Lorna Brodtkorb of Lakeville said, “I bought my house with the clear understanding that it was nonconforming, that I would not be able to expand it.�

Louis Fox of the Twin Lakes Association said on behalf of that group that they “strongly support this petition.�

Mark Capecelatro, a local attorney who specializes in real estate law, said, speaking as a Salisbury resident, “What you have in place is very restrictive, and it works well. I don’t think the amendment does anything except reduce property values around the lake.�

The hearing was continued to Wednesday, Nov. 3, at 6 p.m.

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