Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS June 10, 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 Dorothy Travers Raymond Dussault, Alternate Santo Rizzuto, Alternate Paulette Craig, Zoning Enforcement Officer Darlene Fedus, Recording Secretary ========================================= E. COMMUNICATIONS None ========================================= F. ACCEPTANCE OF MINUTES On a motion by Rizzuto/Kramarewicz it was unanimously voted to approve the minutes of the April 8, 2008 meeting. ================================================= G. OLD BUSINESS None H. NEW BUSINESS #V-08-12 Appeal of Mary Nasi for property at 138 North Wawecus Hill Road, located in R-80 zone. In accordance with Sec. 12.1 northerly side yard setback, 40’ required to be reduced to 10’ in order to install 4’x6’ woodburning furnace and 4’x6’ woodshed. Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Henry Olender and Dorothy Travers.  Ms. Craig entered into the record as Exhibit “A”, the application; as “B1”, public notices of 4/30/08 & 5/7/08, as “B2”, public notices of 5/29/08 & 6/4/08; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map; as “F”, applicant’s sketch; as “G”, sketch showing patio and ledge; as “H”, 11 photos and as “I”, notice from Building Department. Speaking in favor was the applicant, Larry Graham, who stated he had installed the wood-burning furnace in October of 2007 and didn’t realize he needed a permit to install the unit. He told the Board that the hardship was the location of ledge and patio in the rear of the property and the narrowness of the lot. The Board asked about the distance of the furnace in relation to the other properties and was informed by Ms. Craig that the State of Connecticut EPA has certain requirements of furnace installation in proximity to other residences. There being no other speakers, the public hearing was closed. #V-08-13 Appeal of Loren Lichtenstein for property at 156 Washington St, located in R-40 zone. In accordance with Sec. 12.1, maximum lot coverage, 16% allowed to be increased to 18% in order to construct 10’4”x25’ sunroom. Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Henry Olender and Dorothy Travers. Ms. Craig entered into the record as Exhibit “A”, the application; as “B”, public notices of 5/29/08 & 6/4/08;as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map; as “F”, applicant’s sketch; as “G”, sketch showing new shed; and as “H”, 2 photos. Speaking in favor for the applicant was Robert Noe of Creative Enclosures LLC, 279 West Main Street. He explained to the Board he proposes to install a four-season sunroom. He showed exhibit “H” and explained it would cover 18% of the property. Ms. Craig pointed out it would be 10 more square feet than initially thought but still meets the variance request. Mr. Jacaruso asked what the proposed sunroom would be comprised of and was told it would have a brick bottom and would be built to compliment the house. Also speaking in favor was the applicant’s husband, Leon Ferber of 156 Washington Street. He told the Board that the hardship with the property is there isn’t a cellar and at one time the house was part of the Dupont mansion; in the deed there is a stipulation that the house cannot have a second floor. There being no other speakers, the public hearing was closed. #V-08-14 Appeal of Michael Kapinos for property at 18 Canterbury Tpke, located in R-40 zone. In accordance with Sec. 8.1.4(e), commercial vehicles in residential zone, to allow landscaping business as home occupation. Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Henry Olender and Dorothy Travers. Ms. Craig entered into the record as Exhibit “A”, the application; as “B”, public notices of 5/29/08 & 6/4/08; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map; as “F”, close up of GIS map; as “G”, complaint records; as “H”, home occupation request packet; as “I”, letter of opposition- Andrew & Karen Stockton; as “J”, letter of opposition- James & Helen Coleman; as “K”, letter of opposition- Calvin & Brenda Mellor; as “L”, letter of opposition- Ed & Sue Aberbach; as “M”, letter of opposition w/ photos- Brenda Mellor; as “N”, memo of opposition- Lt. Molis, Police Dept; as “O”, letter of opposition- Kerry & Judy Bilda (read); as “P”, letter of opposition- A F Jones; as “Q”, letter of opposition w/photos- Sharon Bohara; as “R”, letter of opposition – Rae Ann & Vincent Zercie; and as “S”, letter of opposition- John & Eunice Robbins. Speaking in favor was the applicant, Michael Kapinos who stated to the Board that as of this meeting the sign that was advertising his business has been taken down and the equipment that is associated with his landscaping business has been relocated to a storage facility. He told the Board all he is requesting is for them to allow him to park his F-350, (which is also his personal vehicle) in his driveway. The Board discussed the large amount of opposition from neighbors regarding Mr. Kapinos parking on Jane Street, Arlington Heights and Canterbury Turnpike and the impact it has on public safety. Zoning regulations require that a Home Occupation be run entirely within the dwelling; landscaping equipment does not meet this regulation. The Board could condition the variance to allow the F-350 truck. Speaking in opposition of the applicant was Brenda Miller, of 6 Jane Street who told the Board how the parking situation has impacted her. Also speaking in opposition was Edward Eberback of 15 Canterbury Tpke. He spoke of the impact created when Mr. Kapinos loads and unloads his equipment and the amount of vehicles creating traffic and safety hazards. Mr. John Robbins of Ox Hill Rd also spoke in opposition. Mr. Andrew Stockton of 6 Arlington Heights, speaking in opposition, commented on the reduction of parking created by NPWD when they fixed the drainage problem 2 years ago. Peter Popenchuk of 2 Arlington Heights spoke briefly of the safety issues. The Board noted that there is a parking issue and dangerous situation in the high density residential area. There being no other speakers, the public hearing was closed. #V-08-15 Appeal of Louis Carignan for property at 341 Scotland Rd, located in R-80 zone. In accordance with Sec. 12.1, southerly side yard setback, 40’ required to be reduced to 32’ in order to construct 12’x12’ sunroom - WITHDRAWN #V-08-16 Appeal of James Andruskiewicz for property at 74 Great Plain Rd, located in R- 20 zone. In accordance with Sec. 12.1, front yard setback, 28’ required to be reduced to 22’ in order to construct 8’x24’ front porch. Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Henry Olender and Dorothy Travers. Ms. Craig entered into the record as Exhibit “A”, the application; as “B”, public notices of 5/29/08 & 6/4/08; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map, with front yard average; as “F”, applicant’s sketch; and as “G”, no objection note-Thomas Shelling. Speaking in favor was the applicant, James Andruskiewicz of 7 Friendship St., owner of 74 Great Plain Rd. He explained the hardship is to divert water runoff from his roof away from the foundation, steps and walkway. The Board was informed the porch would be open with a roof that will also add appeal to the house. Speaking not in opposition or favor was Reverend Jason Vansuch of St. Nicholas Orthodox Cemetery of 35 Convent Ave. He was informed that there is another property between his and 74 Great Plain Rd; this would not have an impact on the cemetery. There being no other speakers, the public hearing was closed. #V-08-17 Appeal of Macara Realty LLC for property at 235 North Main St, located in GC zone. In accordance with Sec. 12.1, front yard (Erin St.) setback, 20’ required to be reduced to 6’; side yard setback, 10’ required to be reduced to 0’; rear yard setback, 20’ required to be reduced to 15’; and maximum lot coverage, 25% allowed to be increased to 51% in order to construct 50’x50’ facility maintenance building. Seated were Joseph Jacaruso, Marc Benjamin, Henry Olender, Dorothy Travers and Santo Rizzuto. (Paul Kramarewicz reclused himself.) Ms. Craig entered into the record as Exhibit “A”, the application; as “B”, public notices of 5/29/08 & 6/4/08; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map; as “F”, applicant’s sketch; as “G”, sketch of proposed building; as “H”, survey map; as “I”, letter of support-Greater Norwich Chamber of Commerce; as “J”, letter of support- Norwich Community Development Corporation; as “K”, photos; as “L”, letter of opposition- Charles & Sharon Barry; as “M”, petition; as “N”, deed- Barry; and as “O”, letter of opposition- Caroline Kapinos. Speaking in favor was the applicant, Michael Aliano of 24 Mountain Ave. Mr. Aliano stated he is losing a building on Hollyhock Island to NCDC for the proposed transportation center. The building houses the current maintenance facility that stores and maintains equipment for American Wharf. Ms. Craig explained to the Board the regulations outlined in a GC zone and the reasons the applicant needed to apply for the variance. Mr. Aliano said would like to build the smallest possible building to store mason trucks, a pick-up, sanders, blowers and other tools to keep the marina going. It would also be used as a repair garage. The Board discussed the aesthetics of the proposed building. Speaking in favor of the applicant was Attorney Mark Block, counsel for Norwich Community Development Corporation. Speaking in opposition of the application were Charles and Sharon Barry of 239 North Main Street. They told the Board they don’t believe a hardship exists; the applicant has reasonable use of the property and if the variance were approved it would create a safety hazard for traffic entering and exiting Erin Street. The Barry’s showed several pictures (entered into exhibit) to the Board. Ms. Craig noted to the Barry’s that their house is non-conforming because the properties are located in a General Commercial zone. Also, speaking in opposition was Caroline Kapinos of 5 White St. who stated she was concerned about the volume of traffic and the impact it will have on White and Erin St. She read a letter to the Board (entered into exhibit). Mr. Aliano told the Board the property is not suitable to build anything but what is being proposed and would not cause a sight line problem. He reminded the Board that the project would require Commission on the City Plan review. The Barry’s have been using the parking lot owned by Aliano and he has been using their lot in the rear of the property for his tenants (Kleemans). There being no other speakers, the public hearing was closed. ==================================================================== #V-08-18 Appeal of Greg Case for property at 13 Beebe Rd, located in R-40 zone. In accordance with Sec. 12.1, front yard setback, 50’ required to be reduced to 10’ in order to add 6’9” to existing garage. Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Henry Olender and Dorothy Travers. Ms. Craig entered into the record as Exhibit “A”, the application; as “B”, public notices of 5/29/08 & 6/4/08; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map; as “F”, applicant’s sketch; and as “G”, photos. Speaking in favor was the applicant, Greg Case of 13 Beebe Rd. He told the Board he wants to add the 6’9” to the existing garage to make room for a second car. 50% of the garage is underground due to the sloping property. The style would be kept the same as the house and a deck would be constructed on the top. The lot is very narrow, creating a hardship. There being no other speakers, the public hearing was closed. #V-08-19 Appeal of Gary Sohn for property at 318 West Main St, located in GC zone. In accordance with Sec. 12.1, lot coverage, 25% maximum allowed to be increased to 39 ½% in order to construct 12’x16’ shed. Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Henry Olender, Dorothy Travers, Santo Rizzuto and Raymond Dussault. Ms. Craig informed the Board the legal notice was advertised incorrectly and asked that they continue the application until next month’s meeting. Mr. Rizzuto made a motion to continue until the July meeting, it was seconded by Mr. Kramarewicz and unanimously voted. I. DISCUSSION/DECISION ON APPLICATIONS #V-08-12 Appeal of Mary Nasi for property at 138 North Wawecus Hill Road, located in R-80 zone. In accordance with Sec. 12.1 northerly side yard setback, 40’ required to be reduced to 10’ in order to install 4’x6’ woodburning furnace and 4’x6’ woodshed. Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Henry Olender and Dorothy Travers. Ms. Travers noted the hardship as the narrow lot, ledge on the property and the location of the entrance to the cellar. Mr. Jacaruso said it was restrictive as to where the applicant could put it. A motion to grant was made by Kramarewicz and seconded by Travers. The vote was 3-2 (Benjamin, Olender opposed); the variance was denied. #V-08-12 Appeal of Mary Nasi for property at 138 North Wawecus Hill Road, located in R-80 zone. In accordance with Sec. 12.1 northerly side yard setback, 40’ required to be reduced to 10’ in order to install 4’x6’ woodburning furnace and 4’x6’ woodshed. DENIED #V-08-13 Appeal of Loren Lichtenstein for property at 156 Washington St, located in R-40 zone. In accordance with Sec. 12.1, maximum lot coverage, 16% allowed to be increased to 18% in order to construct 10’4”x25’ sunroom. Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Henry Olender and Dorothy Travers. The Board noted the hardship as the undersized lot and the lack of basement. In addition, the owners cannot build up due to deed restrictions and the owners are only increasing the property by 2% and not extending past the garage footprint. On a motion by Travers/Kramarewicz, it was unanimously voted to approve the variance. #V-08-13 Appeal of Loren Lichtenstein for property at 156 Washington St, located in R-40 zone. In accordance with Sec. 12.1, maximum lot coverage, 16% allowed to be increased to 18% in order to construct 10’4”x25’ sunroom.APPROVED #V-08-14 Appeal of Michael Kapinos for property at 18 Canterbury Tpke, located in R-40 zone. In accordance with Sec. 8.1.4(e), commercial vehicles in residential zone, to allow landscaping business as home occupation. Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Henry Olender and Dorothy Travers. The Board asked Ms. Craig if they could condition the application and she informed them they could allow the personal F350 to park at the residence and the trailer etc., would be stored and parked off site. The Board discussed the problem in the zoning regulations related to the gross vehicle weight of a vehicle. Ms. Craig stated her dilemma is to enforce what is in the rules. After great discussion it was determined the parking issue on Jones Ct, Arlington Heights and Canterbury Tpk is a police matter not a zoning matter. On a motion by Jacaruso/Benjamin,it was voted 4-1 (Kramarewicz opposed) to approve the variance with a condition. #V-08-14 Appeal of Michael Kapinos for property at 18 Canterbury Tpke, located in R-40 zone. In accordance with Sec. 8.1.4(e), commercial vehicles in residential zone, to allow landscaping business as home occupation. APPROVED WITH CONDITION THAT THE PERSONAL F350 WOULD BE ALLOWED TO PARK AT THE RESIDENCE. #V-08-16 Appeal of James Andruskiewicz for property at 74 Great Plain Rd, located in R-20 zone. In accordance with Sec. 12.1, front yard setback, 28’ required to be reduced to 22’ in order to construct 8’x24’ front porch. Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Henry Olender and Dorothy Travers. The Board noted the hardship as the runoff and icing in the winter, creating a hazard. On a motion by Kramarewicz/Travers, it was unanimously voted to approve the variance. #V-08-16 Appeal of James Andruskiewicz for property at 74 Great Plain Rd, located in R-20 zone. In accordance with Sec. 12.1, front yard setback, 28’ required to be reduced to 22’ in order to construct 8’x24’ front porch.APPROVED #V-08-17 Appeal of Macara Realty LLC for property at 235 North Main St, located in GC zone. In accordance with Sec. 12.1, front yard (Erin St.) setback, 20’ required to be reduced to 6’; side yard setback, 10’ required to be reduced to 0’; rear yard setback, 20’ required to be reduced to 15’; and maximum lot coverage, 25% allowed to be increased to 51% in order to construct 50’x50’ facility maintenance building. Seated were Joseph Jacaruso, Marc Benjamin, Henry Olender, Dorothy Travers and Santo Rizzuto. The Board discussed the hardship in detail and determined the hardship as the applicant not having reasonable use of the commercial property. Mr. Rizzuto stated the applicant would have reasonable use of his property if he built a 50’x25’ building. Mr. Olender noted that the opponents of the variance live in a non-conforming house. A motion to grant was made by Benjamin and seconded by Olender. The vote was 3-2 (Benjamin, Rizzuto opposed); the variance was denied. #V-08-17 Appeal of Macara Realty LLC for property at 235 North Main St, located in GC zone. In accordance with Sec. 12.1, front yard (Erin St.) setback, 20’ required to be reduced to 6’; side yard setback, 10’ required to be reduced to 0’; rear yard setback, 20’ required to be reduced to 15’; and maximum lot coverage, 25% allowed to be increased to 51% in order to construct 50’x50’ facility maintenance building.DENIED #V-08-18 Appeal of Greg Case for property at 13 Beebe Rd, located in R-40 zone. In accordance with Sec. 12.1, front yard setback, 50’ required to be reduced  to 10’ in order to add 6’9” to existing garage. Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Henry Olender and Dorothy Travers. The Board discussed the size of the lot and the nature of the sloping property. On a motion by Travers/Jacaruso it was unanimously voted to approve the variance. #V-08-18 Appeal of Greg Case for property at 13 Beebe Rd, located in R-40 zone. In accordance with Sec. 12.1, front yard setback, 50’ required to be reduced to 10’ in order to add 6’9” to existing garage.APPROVED J. OTHER MATTERS 1) Election of Officers Mr. Jacaruso nominated Mr. Benjamin for the position of Chairman. Mr. Dussault nominated Mr. Olender for that position. Those who voted for Marc Benjamin were Mr. Benjamin, Ms. Travers, Mr. Jacaruso, Mr. Kramarewicz and Mr. Rizzuto. Mr. Dussault voted for Mr. Olender (Mr. Olender reclused himself.) Mr. Olender nominated Mr. Jacaruso for the position of Vice-Chairman. The vote was unanimous. 2) Discussion re: City Council presentation Mr. Kramarewicz mentioned he is pleased with the communication that takes place between the ZBA and the CCP. 3) Discussion re: revising meeting date Ms. Craig reminded the Board that there is a time lapse between the CCP’s and the ZBA’s meetings. This lapse affects any use variance that comes before the Board. It was decided that the ZBA would continue to meet on the second Tuesday. K. ADJOURNMENT On a motion by Kramarewicz/Jacaruso it was unanimously voted to adjourn the meeting at 9:48 p.m. Respectfully submitted, Paulette Craig, Secretary Zoning Board of Appeals