Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS April 8, 2008 Meeting Minutes The regular meeting of the City of Norwich Zoning Board of Appeals was called to order at 7:00 p.m. Roll call was taken and it was determined that a quorum was present. PRESENT: Joseph Jacaruso, Chairman Marc Benjamin, Co-Chairman Paul Kramarewicz Henry Olender Santo Rizzuto, Alternate Paulette Craig, Zoning Enforcement Officer Darlene Fedus, Recording Secretary EXCUSED: Dorothy Travers Raymond Dussault ========================================= E. COMMUNICATIONS None ========================================= F. ACCEPTANCE OF MINUTES On a motion by Kramarewicz/Benjamin it was unanimously voted to approve the minutes of the March 11, 2008 meeting. ================================================= G. OLD BUSINESS #V-08-04 Appeal of Gary Ritacco for property at 645 North Main Street, located in GC zone. In accordance with Sec.9.2.1, Permitted Use, and Sec. 12.1, westerly side yard setback, 10’ required to be reduced to 3’ in order to convert single-family to two-family and associated second means of egress Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Henry Olender and Santo Rizzuto.  Ms. Craig entered into the record as Exhibit “A”, the application; as “B1”, public notices of 2/2708 & 3/5/08, as “B2”, public notices of 3/26/08 & 4/2/08; as “C”, abutters’ notices; “D”, Assessor’s street card; as “E”, GIS map; and as “F”, favorable recommendation from CCP. Speaking in favor was the applicant, Gary Ritacco of 96 Rimeck Road, Lisbon. He told the Board he had recently remodeled the house as a one family that is currently vacant. The property is in a secluded area and abuts City owned property that is not regularly maintained, it has been vandalized and used as a dumping area. It was noted that the property is not conducive to commercial use and other houses in the area are two and three family. There being no other speakers, the public hearing was closed. H. NEW BUSINESS #V-08-07 Appeal of Russ Palazzo for property at 227 West Town Street, located in NC zone. In accordance with Sec. 8.3.1(d)(4) easterly side yard setback, 15’ required to be reduced to 10’ in order to convert garage to 1- family dwelling Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Henry Olender and Santo Rizzuto. Ms. Craig entered into the record as Exhibit “A”, the application; as “B”, public notices of 3/26/08 & 4/2/08; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map; as “F”, applicant’s site plan; as “G”, photo; as “H”, ZBA’s denial 8/10/06; and as “I”, Cotter’s letter. Speaking in favor was the applicant, Russ Palazzo of 227 West Town Street. A variance was granted years ago to let the property owners live in the garage apartment while repairing the house that was damaged by fire. In 2006, the property owner requested a variance to convert the garage into a two family and that request was denied. At this time he is requesting the Board to allow him to continue the use of the second floor apartment so as to have reasonable use of the property. The zoning requirements have changed from 10’ to 15’ side yard setback. The owner stated he would live in the apartment. There being no other speakers, the public hearing was closed. #V-08-08 Appeal of Kenneth Stiwinter for property at 19 St. Regis Avenue, located in MF zone. In accordance with Sec. 12.1, Lot Area, 10,000 SF required to be reduced to 8,520 SF (Parcel #1) and 10,000 SF required to be reduced to 8,628 SF (Parcel #2) in order to split lot.  Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Henry Olender and Santo Rizzuto. Ms. Craig entered into the record as Exhibit “A”, the application; as “B”, public notices of 3/26/08 & 4/2/08; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map; and as “F”, applicant’s site plan. Speaking in favor was the applicant, Kenneth Stiwinter who stated to the Board that he would like to split the lots as allowed prior to the zone change in 2003. He told the Board his hardship is the zone change. The Board discussed the situation and determined it did previously meet the setbacks. There being no other speakers, the public hearing was closed. #V-08-09 Appeal of Skylar Tuxhorn for property at 79 Division Street, located in MF zone. In accordance with Sec. 12.1, Lot Area, 10,000 SF required to be reduced to 9,713 SF (Parcel #A) and 10,000 SF required to be reduced to 9,567 SF (Parcel #B) in order to split lot. Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Henry Olender and Santo Rizzuto. . Ms. Craig entered into the record as Exhibit “A”, the application packet; as “B”, public notices of 3/26/08 & 4/2/08; as “C”, abutters’ notices; “D”, Assessor’s street card; as “E”, GIS map; and as “F”, Surveyor’s information. Speaking in favor was the applicant, Skylar Tuxhorn owner, of 79 Division Street. He informed the Board he recently had the property surveyed and the dimensions came up shorter than the assessor’s records. He stated his hardship is that when he bought the property; City records indicated he had over 20,000 SF. There are no structures on the North Cliff Street end of property. The Board reminded the applicant that the assessor’s records are for assessment purposes only and not to be relied upon as actual A-2 surveys. There being no other speakers, the public hearing was closed. #V-08-10 Appeal of Thomas Leffler for property at 11 Tillie’s Way, located in R-80 zone. In accordance with Sec. 12.1, easterly side yard setback, 40’ required to be reduced to 31’ in order to construct 20’x37’ in-ground pool. Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Henry Olender and Santo Rizzuto.  . Ms. Craig entered into the record as Exhibit “A”, the application packet; as “B”, public notices of 3/26/08 & 4/2/08; as “C”, abutters’ notices; “D”, Assessor’s street card; as “E”, applicant’s site plan; and as “F”, Uncas Health approval. Speaking in favor was Russell Miller of Juliano’s Pools. He explained to the Board that the zoning regulations changed from 30’ to 40’ side yard setback. The hardship he presented was there was nowhere else the pool could go on the property due to the location of the septic tank, reserve field and the wetlands buffer. The Board discussed the size of the pool. There being no other speakers, the public hearing was closed. #V-08-11 Appeal of David Neary for property at 483 Boswell Avenue, located in MF zone. In accordance with Sec. 3.9, Corner Visibility, 3’ fence allowed, to be increased to 6’ in order to erect stockade fence. Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Henry Olender and Santo Rizzuto. . Ms. Craig entered into the record as Exhibit “A”, the application packet; as “B”, public notices of 3/26/08 & 4/2/08; as “C”, abutters’ notices; “D”, Assessor’s street card; as “E”, GIS map; “F”, applicant’s sketch; as “G”, no objection letter-Public Works; and as “H”, photo. Ms. Craig explained the zoning regulations to the Board in regards to fences on corner lots. Speaking in favor was the applicant, David Neary of 483 Boswell Avenue. He told the Board the fence would consist of stockade panels, range in height from 4-6 feet due to the grade of the property, reduce noise due to the close proximity to the road and provide privacy. The Board discussed the location and the proximity to the road. There being no other speakers, the public hearing was closed. I. DISCUSSION/DECISION ON APPLICATIONS #V-08-04 Appeal of Gary Ritacco for property at 645 North Main Street, located in GC zone. In accordance with Sec.9.2.1, Permitted  Use, and Sec. 12.1, westerly side yard setback, 10’ required to be reduced to 3’ in order to convert single-family to two-family and associated second means of egress. Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Henry Olender and Santo Rizzuto. The Board noted the hardship with the property is not conducive to use for commercial use due to the remote location; the vacancy is attracting vandalism. It was also noted the house is too large to be a one family. On a motion by Kramarewicz/Rizzuto it was unanimously voted to approve the variance. #V-08-04 Appeal of Gary Ritacco for property at 645 North Main Street, located in GC zone. In accordance with Sec.9.2.1, Permitted Use, and Sec. 12.1, westerly side yard setback, 10’ required to be reduced to 3’ in order to convert single-family to two-family and associated second means of egress. APPROVED ======================================================= #V-08-07 Appeal of Russ Palazzo for property at 227 West Town Street, located in NC zone. In accordance with Sec. 8.3.1(d)(4) easterly side yard setback, 15’ required to be reduced to 10’ in order to convert garage to 1-family dwelling. Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Henry Olender and Santo Rizzuto. The Board discussed the hardship as the change in regulations. The single- family apartment is also permitted in the NC zone and there isn’t opposition from the neighbors. On a motion by Rizzuto/Benjamin it was unanimously voted to approve the variance. #V-08-07 Appeal of Russ Palazzo for property at 227 West Town Street, located in NC zone. In accordance with Sec. 8.3.1(d)(4) easterly side yard setback, 15’ required to be reduced to 10’ in order to convert garage to 1-family dwelling.APPROVED ================================== #V-08-08 Appeal of Kenneth Stiwinter for property at 19 St. Regis Avenue, located in MF zone. In accordance with Sec. 12.1, Lot Area, 10,000 SF required to be reduced to 8,520 SF (Parcel #1) and 10,000  SF required to be reduced to 8,628 SF (Parcel #2) in order to split lot. Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Henry Olender and Santo Rizzuto. The Board discussed and decided that the regulations have been put in place to deny and discourage small building lots. It was also determined that the proposal does not go with the Plan of Conservation and development. On a motion by Benjamin/Jacaruso it was unanimously voted to deny the variance. #V-08-08 Appeal of Kenneth Stiwinter for property at 19 St. Regis Avenue, located in MF zone. In accordance with Sec. 12.1, Lot Area, 10,000 SF required to be reduced to 8,520 SF (Parcel #1) and 10,000 SF required to be reduced to 8,628 SF (Parcel #2) in order to split lot.DENIED ========================================================== #V-08-09 Appeal of Skylar Tuxhorn for property at 79 Division Street, located in MF zone. In accordance with Sec. 12.1, Lot Area, 10,000 SF required to be reduced to 9,713 SF (Parcel #A) and 10,000 SF required to be reduced to 9,567 SF (Parcel #B) in order to split lot. Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Henry Olender and Santo Rizzuto. The Board determined there wasn’t a hardship with the property or unreasonable use, only a matter of convenience. A motion to grant was made by Kramarewicz/Benjamin The application was defeated 1-4 (Jacaruso, Benjamin, Olender and Rizzuto) #V-08-09 Appeal of Skylar Tuxhorn for property at 79 Division Street, located in MF zone. In accordance with Sec. 12.1, Lot Area, 10,000 SF required to be reduced to 9,713 SF (Parcel #A) and 10,000 SF required to be reduced to 9,567 SF (Parcel #B) in order to split lot.DENIED #V-08-10 Appeal of Thomas Leffler for property at 11 Tillie’s Way, located in R-80 zone. In accordance with Sec. 12.1, easterly side yard setback, 40’ required to be reduced to 31’ in order to construct 20’x37’ in-ground pool. Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Henry Olender and Santo Rizzuto.  The Board discussed the hardship as the location of the septic system and the wetlands. They also stated the change in zoning regulations from 30’ to 40’ were a contributing factor in approving the variance. On a motion by Benjamim/Jacaruso it was unanimously voted to approve the variance. #V-08-10 Appeal of Thomas Leffler for property at 11 Tillie’s Way, located in R-80 zone. In accordance with Sec. 12.1, easterly side yard setback, 40’ required to be reduced to 31’ in order to construct 20’x37’ in-ground pool.APPROVED #V-08-11 Appeal of David Neary for property at 483 Boswell Avenue, located in MF zone. In accordance with Sec. 3.9, Corner Visibility, 3’ fence allowed, to be increased to 6’ in order to erect stockade fence along 11th Street. Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Henry Olender and Santo Rizzuto. The Board noted the hardship as safety reasons. They spoke in great detail about objecting to the fence height of 6’ on Boswell Avenue. Mr. Kramarewicz made motion to amend the variance to say the fence can be constructed at 6’ on 11th Ave but not 6’ on the Boswell Avenue side. On a motion by Kramarewicz/Benjamin it was voted 4-1 (Olender opposed) to amend the variance and approve. #V-08-11 Appeal of David Neary for property at 483 Boswell Avenue, located in MF zone. In accordance with Sec. 3.9, Corner Visibility, 3’ fence allowed, to be increased to 6’ in order to erect stockade fence along 11th Street. APPROVED K. ADJOURNMENT On a motion by Kramarewicz/Benjamin, it was unanimously voted to adjourn the meeting at 8:15 p.m. Respectfully submitted, Paulette Craig, Secretary Zoning Board of Appeals