Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS August 12, 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: Mark Benjamin Joseph Jacaruso Paul Kramarewicz Santo Rizzuto, Alternate Dorothy Travers Paulette Craig, Zoning Enforcement Officer Darlene Fedus, Recording Secretary EXCUSED: Henry Olender Raymond Dussault ~~~~~ E. COMMUNICATIONS None ~~~~~ F. ACCEPTANCE OF MINUTES On a motion by Rizzuto/Kramarewicz it was unanimously voted to accept the July 8, 2008 meeting minutes. ~~~~~ G. OLD BUSINESS #V-08-21 Appeal of Victor Young for property at 23 Lambert Drive, located in R-40 zone. In accordance with Sec. 12.1, front yard setback (Hunters Rd Ext), 50’ required to be reduced to 11’ and rear yard setback, 50’ required to be reduced to 44’ in order to construct 10’x20’ deck & stairs. Ms. Craig entered into the record as Exhibit “A”, the application; as “B1”, public notices of 6/26/08 & 7/2/08, as “B2”, public notices of 7/30/08 & 8/6/08; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map; as “F”, 2 photos; and as “G”, Uncas Health approval. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz and Santo Rizzuto. 1 of 7  Speaking in favor was the applicant, Victor Young of 23 Lambert Drive. The applicant stated he wants to build a 10’x 20’ open deck and stairs on the rear of his house. His hardships are the two front yards, a small lot and a drop in grade on the property. Also speaking in favor of the applicant was Dorothy Wilinski of 19 Lambert Drive. There being no other speakers, the public hearing was closed. ~~~~~ #V-08-22 Appeal of Leiming Zhu for property at 56 Boswell Avenue, located in MF zone. In accordance with Sec. 8.3.1(d)(5), Density, 15,000 SF required to be reduced to 4,792 SF and Sec. 8.3.1(d)(6), Rec Area, 900 SF required to be reduced to 0 SF in order to convert from 2-family to 3-family dwelling. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz and Santo Rizzuto. Ms. Craig entered into the record as Exhibit “A”, the application; as “B1”, public notices of 6/26/08 & 7/2/08, as “B2”, public notices of 7/30/08 & 8/6/08; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, Builder’s map; as “F”, informational packet; as “G”, November, 2004 variance; and as “H”, letter of support-Chen. Speaking in favor was the applicant, Leiming Zhu of 280 Heather Glen Lane, Mystic. He told the Board he wants to add a third unit in the lower level of the existing house. He noted his hardship as not having reasonable use of living space and the fact that the lower level has been vandalized on two occasions, creating a safety issue. The Board discussed the means of egress for the unit and the issue of parking. Steve Way, Building Inspector, was asked by the Board questions relative to the means of egress. Mr. Way informed the Board it would need to be reviewed by his department. There being no other speakers, the public hearing was closed. H. NEW BUSINESS #V-08-27 Appeal of Genevieve McCoy for property at 110 Roosevelt Avenue, located in R-20 zone. In accordance with Sec. 12.1, southerly side yard setback, 15’ required to be reduced to 6’5” in order to keep 11’3”x10’ deck & 4’x4’ stairs. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz and Santo Rizzuto. Ms. Craig entered into the record as Exhibit “A”, the application, as “B”, public notices of 7/30/08 & 8/6/08; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map; as “F”, survey map; as “G”, photo; as “H”, Zoning complaint file; as “I”, Building complaint file; and as “J”, revoked zoning permit. Page 2 of 7  Speaking in favor of the applicant was April Garner of 110 Roosevelt Avenue. Ms. Garner told the Board that the current 10’x11’deck was built over a 4’x7’ existing cement landing and steps built in 1950. The house is 17 feet from the property line instead of the 21’ shown on the GIS map, as documented by a survey showing the southerly half of the property. Since the current deck is 10’x11’ it only leaves 6 1/2’ to the abutting property line. Ms. Garner noted the hardship as the narrow lot and the unstable topography of the rear yard which is the only other location for the deck and stairs. She also added that due to health issues, the deck was made larger. The Board discussed in great detail the fact that the deck was built without permits last August and the applicant waited a year later to correct the issue by applying for a variance. Mr. Benjamin commented if the variance was approved, the applicant would need to comply with the Building Department. Mr. Way noted there is still work to be completed, including steps and support beams. Speaking in favor was Troy Jacobson of 106 Roosevelt Avenue. There being no other speakers, the public hearing was closed. ~~~~~ #V-08-28 Appeal of Dan Adams for property at 385 Central Avenue, located in GC zone. In accordance with Sec. 15.1, Off-Street Parking, 93 spaces required to be reduced to 30 spaces to allow office/storage and Sec. 9.1.5(j) Multi-Family, to reduce required units from 3 to 2 in order to allow 2 residential units. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz and Santo Rizzuto. . Ms. Craig entered into the record as Exhibit “A”, the application, as “B”, public notices of 7/30/08 & 8/6/08; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map; as “F”, applicant’s sketch; as “G”, survey; and as “H”, request for Police Department review. Ms. Craig informed the Board that multi-family housing is allowed in that zone; also under the current regulations, three units are allowed and Mr. Adams only wants two units. Speaking in favor was the applicant, Dan Adams of 58 McClellan Avenue. He stated to the Board that his hardship is the building was built on the property line and it fronts on three streets. A drawing was produced, showing the existing 30 parking spaces. There being no other speakers, the public hearing was closed. ~~~~~ #V-08-29 Appeal of Robin Wilber for property at 27 West Town Street, located in R-40 zone. In accordance with Sec. 12.1, westerly side yard setback, 30’ required to be reduced to 6 inches in order to reconstruct a dangerous single-family dwelling. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Page 3 of 7  Kramarewicz and Santo Rizzuto. . Ms. Craig entered into the record as Exhibit “A”, the application, as “B”, public notices of 7/30/08 & 8/6/08; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map; as “F”, applicant’s sketch; as “G”, 8 photos; as “H”, 4/30 approval from Historic District Commission; as “I”, 7/22 request for revised HDC approval; as “J”, 7/30 revised HDC approval; as “K”, no objection letter from Thompsons; and as “L”, letter of concern from Robert Champagne. Speaking in favor were the applicants, Robin Wilbur and Glenn Rubino of 27 West Town Street. They stated to the Board that they received all the proper permits and began the project of reconstruction but were stopped by the Building Inspection Department due to the structure being unsafe. They would like to build the house on the same footprint that exists. The hardship presented to the Board was the structure has been deemed unsafe, no reasonable use of the property, location of the new septic system, location of ledge and irregular shaped property. Also speaking in favor of the applicants was Greg Arpin, Assistant Building Inspector. Mr. Arpin stated the house is not repairable and the owners didn’t know the condition of the structure until they started working on it. Speaking in concern of the proposed variance was Bill Champagne, President of the Norwich Historic Society and the father of the abutter. Mr. Champagne told the Board that many people had looked at the property and had asked if the structure could come down and be rebuilt and were told that it couldn’t. He noted that the local historic district would need to vote on the demolishing of the structure; the owners would be required to obtain a demolition permit and wait the required 60 days before demolishing building. He also stated that at the time of purchase by the new owners the structure was a building and is now a shell of the original building. Also speaking in concern was Robert Champagne of 29 West Town Street. He spoke concerning the lead paint removal and that it not adversely affect his property and any environmental and safety concerns are met. It was suggested that the Board put conditions on the variance regarding the rebuild in the same footprint and any removal of lead based paints. There being no other speakers, the public hearing was closed. ~~~~~ I. DISCUSSION/DECISION ON APPLICATIONS #V-08-21 Appeal of Victor Young for property at 23 Lambert Drive, located in R-40 zone. In accordance with Sec. 12.1, front yard setback (Hunters Rd Ext), 50’ required to be reduced to 11’ and rear yard setback, 50’ required to be reduced to 44’ in order to construct 10’x20’ deck & stairs. Page 4 of 7  Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz and Santo Rizzuto. The Board noted the hardship as two front yards and small lot. On a motion by Kramarewicz/Travers it was unanimously voted to approve the variance. V-08-21 Appeal of Victor Young for property at 23 Lambert Drive, located in R-40 zone. In accordance with Sec. 12.1, front yard setback (Hunters Rd Ext), 50’ required to be reduced to 11’ and rear yard setback, 50’ required to be reduced to 44’ in order to construct 10’x20’ deck & stairs - APPROVED ~~~~~ #V-08-22 Appeal of Leiming Zhu for property at 56 Boswell Avenue, located in MF zone. In accordance with Sec. 8.3.1(d)(5), Density, 15,000 SF required to be reduced to 4,792 SF and Sec. 8.3.1(d)(6), Rec Area, 900 SF required to be reduced to 0 SF in order to convert from 2-family to 3-family dwelling. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz and Santo Rizzuto. The Board discussed the request in great detail and determined there wasn’t a hardship associated with the property and that the owner has reasonable use of the property. They noted the lack of parking and recreation space in the area. It was suggested that the owner install an alarm system on the property to deter any vandalism. On a motion by Rizzuto/Kramarewicz the variance was defeated (4-1) Rizzuto in favor. #V-08-22 Appeal of Leiming Zhu for property at 56 Boswell Avenue, located in MF zone. In accordance with Sec. 8.3.1(d)(5), Density, 15,000 SF required to be reduced to 4,792 SF and Sec. 8.3.1(d)(6), Rec Area, 900 SF required to be reduced to 0 SF in order to convert from 2-family to 3-family dwelling - DENIED ~~~~~ #V-08-27 Appeal of Genevieve McCoy for property at 110 Roosevelt Avenue, located in R-20 zone. In accordance with Sec. 12.1, southerly side yard setback, 15’ required to be reduced to 6’5” in order to keep 11’3”x10’ deck & 4’x4’ stairs. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz and Santo Rizzuto. The Board discussed the fact that a lot of time had elapsed on the applicant’s part. The hardship was noted as the size of the lot, the topography of the property and the neighbor was in favor. The Board informed the applicants they would need to be in compliance with the Building Department. Page 5 of 7  On a motion by Rizzuto/Kramarewicz it was unanimously voted to approve the variance. #V-08-27 Appeal of Genevieve McCoy for property at 110 Roosevelt Avenue, located in R-20 zone. In accordance with Sec. 12.1, southerly side yard setback, 15’ required to be reduced to 6’5” in order to keep 11’3”x10’ deck & 4’x4’ stairs - APPROVED ~~~~~ #V-08-28 Appeal of Dan Adams for property at 385 Central Avenue, located in GC zone. In accordance with Sec. 15.1, Off-Street Parking, 93 spaces required to be reduced to 30 spaces to allow office/storage and Sec. 9.1.5(j) Multi-Family, to reduce required units from 3 to 2 in order to allow 2 residential units Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz and Santo Rizzuto. The Board discussed the hardships as the property fronting on three roads and the fact that the property is right on the property line. It was noted that the property has been used with plenty of parking and the fact that there is on-street parking on the side and front of the building. On a motion by Kramarewicz/Travers it was unanimously voted to approve the variance. #V-08-28 Appeal of Dan Adams for property at 385 Central Avenue, located in GC zone. In accordance with Sec. 15.1, Off-Street Parking, 93 spaces required to be reduced to 30 spaces to allow office/storage and Sec. 9.1.5(j) Multi-Family, to reduce required units from 3 to 2 in order to allow 2 residential units - APPROVED. ~~~~~ #V-08-29 Appeal of Robin Wilber for property at 27 West Town Street, located in R-40 zone. In accordance with Sec. 12.1, westerly side yard setback, 30’ required to be reduced to 6 inches in order to reconstruct dangerous single-family dwelling. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz and Santo Rizzuto. The Board discussed the hardships associated with the property as the ledge and shape of the property and the proximity to other properties. They also discussed in detail the concerns of the neighboring property regarding the lead paint removal. On a motion by Travers/Kramarewicz it was unanimously voted to Page 6 of 7  approve the variance with conditions. The conditions are the new structure will be built on the same footprint and that any removal of lead based paint be done in accordance with appropriate regulations. #V-08-29 Appeal of Robin Wilber for property at 27 West Town Street, located in R-40 zone. In accordance with Sec. 12.1, westerly side yard setback, 30’ required to be reduced to 6 inches in order to reconstruct dangerous single-family dwelling - APPROVED WITH CONDITIONS THAT THE NEW STRUCTURE BE BUILT ON THE SAME FOOT PRINT AND THAT ANY REMOVAL OF LEAD BASED PAINT BE DONE IN ACCORDANCE WITH APPROPRIATE REGULATIONS. J. OTHER MATTERS K. ADJOURNMENT On a motion by Kramarewicz/Travers it was unanimously voted to adjourn the meeting at 8:45 pm. Respectfully submitted, Paulette Craig, Secretary Zoning Board of Appeals Page 7 of 7