Lakeside dispute pits neighbors against each other

LAKEVILLE — As any observer of development on Lake Wononscopomuc will tell you, controversy and building on the lake often go hand-in-hand.

Strenuous objections were raised in 1999, for example, to a large home under construction on the eastern shore of the lake. Two years ago, a ruckus over the measurement of a waterfront setback of another nearby home prompted the Planning and Zoning Commission to sue the Zoning Board of Appeals.

Now a lakeside resident, Ann Marie Nonkin, has taken the town and her neighbor to court over the building of a large house next door — one that Nonkin and her attorneys claim was built without proper permits, is too tall, and is in violation of the town’s own zoning code.

At issue is the construction of a new home by Nonkin’s next-door neighbors at 144 Millerton Road, Dean and Margaret Haubrich, whose primary residence is in Princeton, N.J. Last fall, the Haubrichs began tearing down most of their modest ranch on a small lakeside lot and replacing it with a much larger structure.

Grandfathered in

Zoning requirements stipulate that lot sizes in the lake district must be at least one acre. The Haubrich’s lot is only six-tenths 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.

Many of the questions surrounding the complicated case are in dispute, but all the parties seem to agree that the so-called “footprint� of a nonconforming home — roughly that area covered by the foundation — cannot be expanded. Beyond that, there is much discord.

Nonkin referred questions about the dispute to her attorneys, William A. Conti and Gregory T. Nolan of Torrington.

“The town is not enforcing its own zoning code,� Nolan said in an interview. “They haven’t even investigated the allegations.�

On Nov. 17, Zoning Administrator Nancy Brusie issued a zoning permit to the Haubrich’s and their builder, Laser Building Company of Falls Village. The company’s owner, Fred Laser, is also the chairman of the Planning and Zoning Commission in Falls Village. The reason for the permit application was listed as “renovation,� but another line on the application says “new home.�

The 15-day law

The law gives Nonkin 15 days to seek relief from town officials after the publication of the permit in January. But she waited months before complaining to the town in an April 25 petition to the Planning and Zoning Commission (P&Z) asking that the commission revoke the Haubrichs’ permit.

“She waited months longer than the law allows,� said William Franklin, an attorney from Litchfield representing the Haubrichs. “We are in this predicament because she waited too long.�

Nonkin’s petition to the P&Z to rescind the Haubrichs’ permit was denied by the commission on June 12 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 (ZBA)

Nonkin’s attorneys dispute Andres’ opinion, but the ZBA has scheduled a hearing on the matter for Aug. 14.

Injunction sought

Meanwhile, Nonkin has started a lawsuit against the town and the Haubrichs, seeking an immediate injunction against further building.

At a hearing in Litchfield Superior Court last month, the Haubrichs made a motion to dismiss the suit on the grounds that the law requires Nonkin to exhaust administrative remedies through the town before suing. Judge Robert Brunetti has yet to rule on the motion, Nolan said, but Nonkin is arguing that in seeking an immediate injunction against further building, she does not need to complete the town’s internal appeals process first.

Franklin said the Haubrichs have made two settlement proposals to Nonkin — both of which were rejected. He declined to speak further about possible settlements.

Observers say the real culprit may be language in the town’s zoning code that is unclear on what constitutes the expansion of a nonconforming 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 current policy, which allows vertical expansion, is based on an opinion issued by Salisbury’s former town attorney, the late Ralph Elliott, on the above portion of the code.

“Our view is that you can [build upwards] and that we need to have the regulations rewritten to reflect that in a clear and concise way,� said Jonathan Higgins, the longtime chairman of the Salisbury P&Z. He added that it’s clear a nonconforming building’s footprint may not be expanded, but “the confusion comes in the height.�

Evidently, the town’s current lawyers agree with him. Andres told the commission in a May 11 letter that if the P&Z’s current policy is that vertical additions “are not considered to be expansions of nonconforming structures,� then he recommends “the zoning regulations be amended to reflect that policy.�

As for Nonkin’s claim that the Haubrichs have also exceeded their footprint, Higgins said his understanding is that the builders had to dig a wider hole for the new foundation and then were going to backfill it. If it turns out that the footprint has been exceeded, then “we will remedy it,� Higgins said.

Nolan could not give a timetable for when Judge Brunetti would decide on the motion to dismiss, but the judge has up to 120 days to rule on it.

Lake association concerned

The Lake Wononscopomuc Association, a group of concerned lake residents, is considering recommending a change in lake district zoning that would increase the minimum lot size from one acre to two. While that change would not have prevented the Haubrichs from building their home, the Nonkin situation clearly has the attention of the association.

“The lake is under development,� association member Ed Erbacher said at a meeting Saturday. “We have neighbors fighting each other.�

Latest News

Classifieds - February 26, 2026

Classifieds - February 26, 2026

Help Wanted

PART-TIME CARE-GIVER NEEDED: possibly LIVE-IN. Bright private STUDIO on 10 acres. Queen Bed, En-Suite Bathroom, Kitchenette & Garage. SHARON 407-620-7777.

The Salisbury Association’s Land Trust seeks part-time Land Steward: Responsibilities include monitoring easements and preserves, filing monitoring reports, documenting and reporting violations or encroachments, and recruiting and supervising volunteer monitors. The Steward will also execute preserve and trail stewardship according to Management Plans and manage contractor activity. Up to 10 hours per week, compensation commensurate with experience. Further details and requirements are available on request. To apply: Send cover letter, resume, and references to info@salisburyassociation.org. The Salisbury Association is an equal opportunity employer.

Keep ReadingShow less
To save birds, plant for caterpillars

Fireweed attracts the fabulous hummingbird sphinx moth.

Photo provided by Wild Seed Project

You must figure that, as rough as the cold weather has been for us, it’s worse for wildlife. Here, by the banks of the Housatonic, flocks of dark-eyed juncos, song sparrows, tufted titmice and black-capped chickadees have taken up residence in the boxwood — presumably because of its proximity to the breakfast bar. I no longer have a bird feeder after bears destroyed two versions and simply throw chili-flavored birdseed onto the snow twice a day. The tiny creatures from the boxwood are joined by blue jays, cardinals and a solitary flicker.

These birds will soon enough be nesting, and their babies will require a nonstop diet of caterpillars. This source of soft-bodied protein makes up more than 90 percent of native bird chicks’ diets, with each clutch consuming between 6,000 and 9,000 caterpillars before they fledge. That means we need a lot of caterpillars if we want our bird population to survive.

Keep ReadingShow less
Stephanie Haboush Plunkett and the home for American illustration

Stephanie Haboush Plunkett

L. Tomaino
"The field of illustration is very close to my heart"
— Stephanie Plunkett

For more than three decades, Stephanie Haboush Plunkett has worked to elevate illustration as a serious art form. As chief curator and Rockwell Center director at the Norman Rockwell Museum in Stockbridge, Massachusetts, she has helped bring national and international attention to an art form long dismissed as merely commercial.

Her commitment to illustration is deeply personal. Plunkett grew up watching her father, Joseph Haboush, an illustrator and graphic designer, work late into the night in his home studio creating art and hand-lettered logos for package designs, toys and licensed-character products for the Walt Disney Co. and other clients.

Keep ReadingShow less
google preferred source

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

Free film screening and talk on end-of-life care
‘Come See Me in the Good Light’ is nominated for best documentary at this year’s Academy Awards.
Provided

Craig Davis, co-founder and board chair of East Mountain House, an end-of-life care facility in Lakeville, will sponsor a March 5 screening of the documentary “Come See Me in the Good Light” at The Moviehouse in Millerton, followed by a discussion with attendees.

The film, which is nominated for best documentary at this year’s Academy Awards, follows the poet Andrea Gibson and their partner Megan Falley as they are suddenly and unimaginably forced to navigate a terminal illness. The free screening invites audiences to gather not just for a film but for reflection on mortality, healing, connection and the ways communities support one another through difficult life transitions.

Keep ReadingShow less

The power of one tray

The power of one tray

A tray can help group items in a way that looks and feels thoughtful and intentional.

Kerri-Lee Mayland

Winter is a season that invites us to notice our surroundings more closely and crave small, comforting changes rather than big projects.

That’s often when clients ask what they can do to make their homes feel finished or fresh again — without redecorating, renovating or shopping endlessly. My answer: start with one tray.

Keep ReadingShow less

Tangled specks: tiny flies, big ambitions

Tangled specks: tiny flies, big ambitions

Here is a sample from a recently purchased assortment of specks. From left: Black speck, Parachute Adams dry fly speck, greenish sparkly speck.

Patrick L. Sullivan

I need to get my glasses checked

My fingers fumbling like heck

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.