Groton ― Mouse Island, a tiny island off the coast of Groton, has just three summer cottages whose owners access by boat from the mainland and collect rainwater for household use.

The cottages on the island off of Morgan Point, Noank, were built in the 1930s and 1940s, before local zoning and flood regulations.

The one- and two-story waterfront homes are on lots smaller than a third of an acre in size on the rocky-terrain island.

When one of the homeowners, at 2 Mouse Island, recently sought a permit for home improvements, the town discovered that the island still does not have any zoning. Town records show the home is owned by Mouse Island LLC.

Town officials, who thought the island fell under Noank’s zoning jurisdiction, recently learned that the island actually falls within their zoning jurisdiction and they need to create zoning for it.

The town will now have to start the task of creating a zone that will allow the current uses and create some flexibility for homeowners, but not open the door to future over-development of the island, town planning officials said.

The property owners could not be reached for comment or declined to be interviewed.

Deb Jones, the town’s assistant director of planning and development services, said the lack of zoning came to light when a homeowner was making an improvement to replace windows on their cottage last year, and it became unclear which entity would be in charge of issuing a permit.

The town had thought the island was under Noank’s zoning jurisdiction, she said. The three cottages pre-date the creation of local zoning in the 1950s. Five earlier homes on the island had been destroyed during the 1938 hurricane, according to newspaper archives.

Bill Mulholland, Noank’s zoning enforcement officer, said Noank’s attorney and the property owner’s attorney researched the matter, and it came to light that the island was part of Groton’s jurisdiction.

Mulholland said Noank had no cause to be aware of the status of zoning on the island until last year because to the best of his knowledge, there had never been an issue or building activity on the island in recent history.

All the homes are considered legal, pre-existing non-conforming structures, he said.

The issue was decided based on a 1973 legal opinion from then-Town Attorney James T. Haviland II. He concluded that the island is not part of the Noank Fire District, and “therefore falls within the general territories of the Town,” which had not created zoning for it.

Town Historian Jim Streeter, in an article in The Day calling the under-an-acre island Groton’s “No Man’s Land,” wrote that the legal opinion was sought after Mouse Island property owners applied at the time for flood insurance. He wrote that while the island was not part of the Noank Fire District, the homeowners were able to get flood insurance through the town. He said the island is “not officially connected to any of Groton’s fire districts.”

A plan for creating zoning

Jones said the homeowners on the island want to do some home improvements, but homeowners need zoning permits before they can get building permits ― and the island doesn’t have zoning.

She said that in the meantime, the town is working with the property owners and allowed completion of the home improvement.

Thomas Zanarini, code enforcement officer and a planner for the town, said the property owner applied for a permit for a window replacement and then an additional permit that enclosed a deck, like a three-season room.

He said he went to the island and inspected both projects and everything was fine. He described the island as a very pleasant setting with rocky terrain.

For the future, Jones said zoning needs to be in place.

Jones said the first step in developing the zone for the island is meeting with the residents to see what their expectations are.

Jon Reiner, the town’s director of planning and development services, said the town wants to create a zoning district that will allow the current uses to continue and allow some flexibility.

Jones said the town doesn’t want to set the residents up to need a zoning variance for any small improvement, but also doesn’t want to leave the door open to over-development.

Jones said none of the town’s existing zones work for the island. The island is in the flood zone, and the town wants to set minimum lot size, setbacks and give some consideration to the types of uses to allow, given the lack of utilities there.

She said the residents of the island, accessible by private boat, use rain water for household use and likely bring potable water as well, and have holding tanks for waste that gets pumped.

William “Wild Bill” Pagel, owner of Wild Bill’s Action Sports, a bait and tackle shop in Noank, who also runs the Sarah J. charter boat, used to go duck hunting on the island in the winter time, after getting permission from the families that owned the cottages through the years.

“It was perfect in the winters,” he said. “It’s just a little rock pile on the mouth of the Mystic River.”

“It hasn’t changed a bit,” added Pagel, who duck-hunted there up until 14 years ago and passes by there on his boat.

He said the island has summer homes without insulation that get closed up for the winter. He said the residents bring what they need, such as water and groceries, on small boats to small docks on the island.

He said the island got some damage during Superstorm Sandy but has weathered some big storms.

A real estate listing for one of the homes that was sold in 2023 for $854,000 describes Mouse Island as a “storybook location at the mouth of the Mystic River- just off the coast of Noank Village and the Morgan Point Lighthouse, with Groton Long Point to your west, Fishers Island to your south, and Ram Island to your east. This totally green off-the-grid island home will provide you the oasis retreat you’ve been seeking. Land is within sight and you are close to everything Mystic and Noank have to offer, while enjoying the privacy of an island accessible only by boat.”

The properties, with cottage-style homes and docks, are assessed at values between $269,850 and $416,010, according to property records.

The town will work with consultant Horsley Witten Group to develop the proposed zoning regulations, and has $5,000 to complete the zoning, though the town may not use the full amount, Jones said.

The process will entail two applications: a map zone change and the zoning text, determining aspects such as setbacks and a table of allowed uses. There will be public hearings, and the state Department of Energy and Environmental Protection will also review the zoning, because it is in the coastal zone.

Town of Groton Police Capt. James Bee said the Noank Fire Department would go to the island if there were a fire there, with assistance from the Groton Long Point and Mystic fire departments since they have fire boats.

The town’s police department would respond to emergencies on Mouse Island with its police boat, he said.

Mouse Island is part of the town’s overall emergency response plan, Bee said.

Kristy Kupec, assistant assessor for the town, said the property owners pay town taxes and sewer district taxes, but are not classified under one of the town’s fire districts and do not pay taxes to a district.

By ordinance, all properties, except for those in the city, pay sewer district taxes, whether or not they have sewers, Kupec explained.

Without utility lines, the homes have to make use of sources of energy, such as solar panels or battery-powered appliances, she said.

Island zoning in other communities

Other communities in the region also have islands off the coast.

Clifton Iler, town planner for Stonington, said the town doesn’t have separate zones for its islands, which include Ram Island, Masons Island, Andrews Island, Dodges Island and Elihu Island.

Most of the islands are zoned RC-120, a Residential Coastal zone intended to “promote the conservation of coastal areas and allow for primarily single-family residential and other low-intensity uses, where appropriate.” The zone also has setback requirements.

Iler explained that “some of the existing structures on these islands predate those regulations and are considered pre-existing nonconformities.“

He said Masons Island, which is larger and more unique, has a variety of different zones based on use and location.

Off the coast of the City of Groton by Eastern Point Beach, the approximately half-acre Hobbs Island, with one home on it, is zoned residential, said City Planner Leslie Creane.

Pine Island is zoned for recreational open space, she said. The University of Connecticut owns the approximately 14-acre island, according to land records.

In the Town of Groton, Sixpenny Island is in a Green, Conservation zone, which is an open space conservation zone, said Jones.

k.drelich@theday.com