Stonington ― The Borough Planning and Zoning Commission is considering a comprehensive revision of its zoning regulations in the wake of a controversial renovation of the so-called “Black House“ on Water Street.

At the commission’s Thursday meeting, Chairman Don Maranell suggested the commission undertake the rewrite to address regulations that no longer align with state law, are vague, or not within the commission’s purview.

The discussion came after the commission’s controversial decision last month to approve an already-completed rooftop addition at 11 Water St., owned by New Jersey architect George Kimmerle and his wife Lynn.

Eric Baum, who owns the property next door, said Tuesday that the approval process was fraught with errors, from an improperly applied COVID-19 permit extension to violations of numerous zoning regulations.

The Kimmerles now have a fully enclosed widow’s walk and Baum said he is left feeling uncomfortable every time he enters his third-floor family room just 18 feet away.

Baum said the new room feels like an invasion of his privacy and personal space, as he is practically nose to nose now with the Kimmerles, added others neighbors are angry about it as well.

“Obviously I have the brunt of this because I am the neighbor, but every single one of the neighbors was furious,” Baum said on Tuesday.

The Kimmerles’ home is known as the “Black House” because in 2000 they painted it black to protest the way they said they were treated by borough zoning commissioners when trying to obtain a permit to renovate the house.

Borough admits mistake

Borough Zoning Enforcement Officer Thomas Zanarini confirmed Thursday that in early 2023, he mistakenly applied a COVID-19 pandemic permit extension regulation to an expired permit for the Water Street property.

The extension made a 2018 permit to enclose a widow’s walk on the roof of the home still valid.

When Baum discovered construction underway during a visit to his Omega Street home last summer, he won an appeal with the Zoning Board of Appeals, which sent the project to the Planning and Zoning Commission for review.

Baum argued that not only was the extension applied in error, but the project violated numerous zoning regulations that prohibit the Kimmerles’ new addition ranging from the roof shape and impacts on neighboring properties to decreasing property values.

Baum provided letters from two different Realtors stating his property value had decreased by up to 20% due to the Kimmerles’ enclosed widow’s walk, however, Zanarini noted Thursday that the estimates were legally considered opinions and not certified appraisals.

At the February site plan review, George Kimmerle presented information and photographs of similar projects throughout the Borough as part of his argument to the commission for approval, which he received by a vote of 6-0 with one abstention.

Within our legal rights

Lynn Kimmerle, when reached by phone Friday, said she and her husband just wanted to enclose the widow’s walk because they feared their two young grandchildren could fall off. She added the family are quiet people who love the community and try not to disturb their neighbors.

She expressed sympathy that Baum felt his personal space and privacy had been invaded but said that she and her husband were well within their legal rights and noted that in that section of the village, homes are very close together already.

She said similar projects with similar impacts to neighbors have been approved in the past and that legally they could have built a room that was much larger, but they wanted to be considerate neighbors.

She said that since the decision last month, community members have congratulated her and told her they approved of the addition.

The period to appeal the approval has passed, and Baum said he is left feeling that the commission failed him and the community.

Though the commission did not discuss it during its deliberations, there is a conflict between borough regulations and state law regarding maintaining the character of a neighborhood. While borough regulations cited by Baum state the commission can consider the character when reviewing an application, a 2021 state law eliminated “character” as a basis for a zoning regulation.

Maranell cited this conflict with state law on Thursday as one of several reasons to undertake a comprehensive rewrite of zoning regulations.

Maranell noted other issues that a rewrite would address including vague language and regulations allowing the commission to specify materials and other physical features, which are beyond the purview of the commission.