Technicality delays hearing

SALISBURY — The Zoning Board of Appeals public hearing in the case of Ann Marie Nonkin versus her Lake Wononscopomuc neighbors has been continued again — this time to Sept. 4 — because of a technical defect in her appeal application.

Last week the board concluded that Nonkin’s attorneys had filed a defective appeal application that did not include two other items they wanted to discuss at the hearing. So the board voted to seek legal counsel and continue the hearing to this week.

On Monday, ZBA attorney Peter Herbst told the board it had two options: hold the hearing based on the one issue alone or renotice the hearing to include all the memorandums attached to Nonkin’s application. The board voted unanimously for the latter.

Nonkin claims the home at 144 Millerton Road was built without proper permits, is too tall and is in violation of the town’s own zoning code, which she says the town itself has failed to enforce. In June, she also asked the Planning and Zoning Commission to revoke a zoning permit given to the property owners, Dean and Margaret Haubrich. The commission ruled that the remedy for an incorrect permit issued by the zoning administrator is to appeal that decision to the Zoning Board of Appeals.

Last month, a Litchfield Superior Court judge denied a motion by the Haubrichs to dismiss the Nonkin’s case seeking an injunction against further building.

— Terry Cowgill