Thank you!
Your support is sustaining the future of local news in our communities.

Historic reversal keeps couple out of their lakeside home

SALISBURY — In a stunning reversal, a local zoning board has revoked the certificate of occupancy given to a lakeside property owner who constructed a large home that exceeded the parameters of its zoning permit.

At its Aug. 28 meeting, the Salisbury Zoning Board of Appeals voted unanimously to grant the appeal of Millerton Road resident Ann Marie Nonkin, 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, is too tall and is in violation of the town’s own zoning code.

The board ruled that the construction project of Dean and Margaret Haubrich 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 construction of a large multi-story dwelling with dramatic views of the lake.

“I am so proud of this board,� Nonkin said of the ZBA. “They did the right thing.�

She declined to comment further and referred additional inquiries to her attorney. Asked whether he felt vindicated, Nonkin lawyer William Conti replied, “I’m not sure that’s the right word. We think the second story was improper.�

Ruling follows hearing, court date

The ZBA’s ruling came on the heels of a lengthy public hearing on Aug. 12 that lasted almost three hours and featured four attorneys presenting exhibits and questioning those involved in the case.

Last year, Fred Laser, the Haubrichs’ general contractor, testified under oath in Litchfield Superior Court that the project amounted to more than “internal renovations,� Conti said. Laser, who is also the chairman of the Planning and Zoning Commission in Falls Village, did not return a call seeking comment.

Salisbury zoning requirements stipulate that lot sizes in the lake district must be at least 1 acre. The Haubrich’s lot is only 6/10 of an acre, but since their original home was built before zoning regulations were enacted in the town of Salisbury in the 1950s, the Haubrichs’ one-story ranch was considered nonconforming but legal. In common parlance, its right to exist was “grandfathered in,� but the ability to expand it was and is substantially limited.

Nonkin’s original petition to the Planning and Zoning Commission to rescind the Haubrichs’ permit was denied by the commission on June 12, 2007, because of a legal opinion from one of the town’s attorneys, Charles R. Andres, that the commission lacked the authority to revoke the permit. Rather, Andres said, the remedy for an incorrect permit issued by the zoning administrator is to appeal that decision to the Zoning Board of Appeals.

Regulation was unclear

Almost everyone now agrees that the real culprit is language in the town’s zoning code (in effect at the time the Haubrichs started construction), which was unclear on what constitutes the expansion of a non-conforming use — especially vertical expansion of a structure.

The code states, “No non-conforming building or structure shall be altered, enlarged or extended in any way that increases the area or space of that portion of the building or structure which is non-conforming.� That prohibition extends to adding a second story to “that portion of a building which is non-conforming.�

The policy to allow some vertical expansion was based on an opinion issued by Salisbury’s former town attorney, the late Ralph Elliott, on that portion of the code. Last year the P&Z changed the code to explicitly allow for a second-story addition under certain conditions. But the change was not retroactive, so the Haubrichs’ project is subject to the previous version of the code that was challenged by Nonkin and another of the Haubrichs’ neighbors, Anthony Bouscaren, who sued the town earlier this year.

In an interview, Bouscaren said he was withdrawing his lawsuit in light of the ZBA’s decision to grant Nonkin’s appeal.

“I brought the suit only to force the town to enforce their own zoning regulations,� said Bouscaren, an aviation attorney in Manhattan. “They seem to be getting on track.�

Of Elliot’s decades-old verbal opinion on the zoning code allowing for vertical expansion of non-conforming structures, Bouscaren characterized it as “rank hearsay� that “does not meet any legal standard.�

A first for the town’s ZBA

Jeff Lloyd is a Salisbury native and chairs the zoning appeals board. He said he has never heard of the ZBA declaring a zoning permit null and void. Indeed, the ZBA attorney, Peter Herbst, who was on vacation this week and unavailable for comment, told him the same thing.

“We came to the conclusion that the permit didn’t reflect what was built,� said Lloyd. “It’s as simple as that.�

As for what happens next, Lloyd said it is strictly “up to the parties involved� and that his board’s responsibilities have essentially ended with the granting of Nonkin’s appeal. He was reluctant to blame anyone, but guessed it would end up back in Litchfield Superior Court since the revocation of the certificate of occupancy prohibits anyone from living there or purchasing homeowners insurance, for example.

“It’ll end up going back to Litchfield because the house can’t just sit there,� Lloyd predicted.

Salisbury First Selectman Curtis Rand declined to comment since the matter could end up in court again. He did confirm that the town has spent about $40,000 in legal fees on the case, not including the lawyers’ billings for the month of August — which should be substantial.

The Haubrichs, who live in Princeton, N.J., are represented by North Canaan attorney Mark Capecelatro, who could not be reached by press time.

Asked whether his client would seek to have the top floor of the Haubrichs’ home removed, to conform with the zoning code in effect at the time it was constructed, Conti replied, “I will say this: We will ask the town to enforce its ruling. Where it goes from there I don’t know.�

Latest News

Francis Lynehan

Francis Lynehan

DOVER PLAINS — Francis “Butch” Lynehan, 75, a twenty-year resident of Dover Plains, New York, formerly of Sharon, passed away unexpectedly on Thursday, May 7, 2026 at Vassar Bros. Medical Center in Poughkeepsie, New York.

Born Aug. 29, 1950, in Sharon, he was the son of the late William W. and Nellie (Kluun) Lynehan.

Keep ReadingShow less

Richard McGriff

Richard McGriff

TACONIC — Richard McGriff died unexpectedly on May 16, 2026. This is a collection of loving reminiscences.

With a smile like that and a laugh like that and a soul like that, how could you not love him? Macey Levin and Gloria Miller

Keep ReadingShow less
Juneteenth graduation celebrates Berkshire’s next generation of leaders

Cohort 2026 members Abigail Horace, Adam Liccardi, Adrian Lynch, Cameo Brown, Chauncey Dozier, Claudette Grant, Erline Saintilet, Harmony Edwards, Kamayue Gomes, Mackenzie Colvin, Otis West, Shadre Domingo, TJ West and Tyeesha Keele-Kedroe and Blackshires’ leadership team John Lewis, Patrick Danahey, Dubois Thomas and Julie Haagenson gather at the Blackshires City Hall Fishbowl alongside Mayor Peter Marchetti and city officials Michael Obasohan, Brandon Gill, Katherine VanBramer, Heather Brazeau, Justine Dodds and Jesse Tobin McCauley.

Provided

When designer Abigail Horace joined the Blackshires Leadership Accelerator, she was looking for support as the founder of the Black Berkshires Social Club, which creates culturally grounded social spaces for Black and BIPOC residents in the region. What she found was something deeper: a community of peers invested in one another’s success.

“Finding Blackshires has been transformative,” Horace said. “Being a BIPOC founder in this region can feel isolating, and this community has changed that. They see my work, champion my business and have opened doors I couldn’t have opened alone.”

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

Forged by curiosity: Art, craftsmanship and big fun with Izzy Fitch

Izzy Fitch at Battle Hill Forge in Wassaic.

Madi Long
I’m not really inventing anything new. I just tweak it a little bit.— Izzy Fitch

A steel praying mantis stands among garden accents at Battle Hill Forge in Wassaic, its folded forelegs ready for prayer and mischief in equal measure.

“She’s very nice,” said blacksmith, sculptor and Battle Hill Forge owner Izzy Fitch, patting the giant insect affectionately. Then he added, “Just don’t go out to dinner with her.”

Keep ReadingShow less
Unexpected subjects, familiar beauty in new Kent exhibits
Millerton-based artist Alexis England with her flamingo and mandrill portraits at Peggy Mercury in Kent.
D.H. Callahan

Kent Barns was alive with art on Saturday, June 13, as three new shows opened at Peggy Mercury and Kenise Barnes Fine Art, featuring a variety of fascinating paintings and drawings from four local artists.

Peggy Mercury, which in just two years has earned a reputation for curating remarkable collections of fine beauty products and accessories, continues to find exciting art to complement its offerings. The new show, “Portraits,” features four pairs of paintings by Millerton-based artist Alexis England. The “portraits” she paints, however, feature some pretty unexpected sitters.

Keep ReadingShow less
Stonewood Farm launches chefs in residence program
Jocelyn Ueng is the first Chef in Residence at Stonewood Farm.
Provided

Stonewood Farm in Millbrook is expanding its educational and community food programs this summer with the launch of a new Chefs in Residence program, an eight-week immersion that brings culinary professionals to the nonprofit farm to live, cook, teach and work alongside farmers.

The program is led by Kristen Essig, Stonewood’s director of culinary outreach and development, an award-winning chef whose background includes work with Emeril Lagasse and multiple James Beard Award nominations.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.