Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS October 14, 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 Henry Olender Dorothy Travers Joseph Jacaruso Paul Kramarewicz Santo Rizzuto, Alternate Raymond Dussault, Alternate Paulette Craig, Zoning Enforcement Officer Darlene Fedus Papineau, Recording Secretary ~~~~~ E. COMMUNICATIONS Ms. Craig noted that the proposed text amendments in the members’ packets will be presented to the Zoning Commission; public hearings will be conducted, at which the ZBA members can voice their views. Mr. Benjamin noted that any concerns regarding text amendments to zoning regulations could be discussed with Council members. ~~~~~ F. ACCEPTANCE OF MINUTES On a motion by Rizzuto/Kramarewicz it was unanimously voted to accept the September 9, 2008 meeting minutes. ~~~~~ G. OLD BUSINESS None H. NEW BUSINESS #V-08-33 Appeal of Irene McGuire for property at 387 Plain Hill Road, located in an R-80 zone district. In accordance with Sec. 12.1, northerly side yard setback, 40’ required to be reduced to 8’ in order to replace 8’x26’ 2nd story deck. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, and Paul Kramarewicz. Ms. Craig entered into the record as Exhibit “A”, the application, as “B”, public notices of 10/01/08 & 10/08/08; as “C”, abutters’ notices; as “D”, 1 of 6 Assessor’s street card; as “E”, GIS map; as “F”, applicant’s sketch; and as “G”, 4 photos. Speaking in favor of the applicant was Ron McGuire of 387 Plain Hill Road. He told the Board the porch he wants to replace is 25-30 years old and has deteriorated. The porch will be in the same location, the same size and would be open . There being no other speakers, the public hearing was closed. ~~~~~ #V-08-34 Appeal of Sami Ahmed for property at 172-176 Central Avenue, located in an MF zone district. In accordance with Sec. 8.3.1(d)5, Density, 15,000SF to be reduced to 3,049SF; Sec. 8.3.1(d)6, Rec Area, 1350 SF required to be reduced to 1300SF and 30’ minimum width to be reduced to 20’; and Sec. 15.1.2, Off-Street Parking, 7 ½ spaces required to be reduced to 0 spaces in order to allow conversion from 2-family & commercial to 3- family. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, and Paul Kramarewicz. Ms. Craig entered into the record as Exhibit “A”, the application, as “B”, public notices of 10/01/08 & 10/08/08; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map; as “F”, 4 photos; as “G”, Fire Marshal’s report; as “H”, 2003 complaint record; and as “I”, 2008 complaint record. Speaking in favor was the applicant, Sami Ahmed of 275 Central Avenue. He stated to the Board that when he purchased the building the previous owner had converted the first floor to a 1-bedroom apartment. Mr. Ahmed stated there is plenty of parking on the street. Ms. Craig noted that a business on the first floor would generate a lot more traffic and require more parking. The Board noted that tenants have been living on the first floor for years. There being no other speakers, the public hearing was closed. ~~~~~ #V-08-35 Appeal of Paul O’Connell for property at 46 Sunnyside St (aka 46 Sunnyside West Rd), located in R-40 zone district. In accordance with Sec. 12.1, northerly side yard setback, 30’ required to be reduced to 4’ for existing 10’x10’ shed; and southerly side yard setback, 30’ required to be reduced to 7’ in order to replace/enlarge 432 SF addition & allow existing 16’x16’ deck. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, and Paul Kramarewicz. Ms. Craig entered into the record as Exhibit “A”, the application, as “B”, Page 2 of 6  public notices of 10/01/08 & 10/08/08; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map; as “F”, applicant’s sketch; as “G”, 6 photos; as “H”, no objection letter-Lodyko; as “I”, no objection letter-Johnson; and as “J”, no objection letter-Stolz. Speaking in favor was the applicant, Paul O’Connell of 46 Sunnyside Street. He told the Board he would like to upgrade the property by replacing and enlarging the existing addition. The foundation is unsafe and the structure needs to be brought up to code. He noted his hardship as the narrow lot. Also speaking in favor was Randy Slaga, the general contractor for Mr. O’Connell who confirmed that the foundation is failing and collapsing. There being no other speakers, the public hearing was closed. ~~~~~ #V-08-36 Appeal of John FitzGerald for property at 57 Vergason Avenue, located in an R-40 zone. In accordance with Sec. 12.1, northerly side yard setback, 30’ required to be reduced to 20 ½’ and front yard setback, 50’ required to be reduced to 43’ in order to enlarge bathroom/breezeway. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, and Paul Kramarewicz. Ms. Craig entered into the record as Exhibit “A”, the application, as “B”, public notices of 10/01/08 & 10/08/08; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map; as “F”, applicant’s sketch; as “G”, Uncas Health approval; as “H”, support letter-Giusti; as “I”, support letter-Rinaldi; and as “J”, photos. Speaking in favor was the applicant, John FitzGerald of 57 Vergason Avenue who stated to the Board that he would like to expand the existing bathroom and add a breezeway. The owner stated his hardships as the location of the septic and well in the rear and the fact that the sump pump empties to the southerly side of the property. He also stated with the new addition he wants to give the roof some pitch because it’s presently flat and creates leaking. There being no other speakers, the public hearing was closed. ~~~~~ I. DISCUSSION/DECISION ON APPLICATIONS #V-08-33 Appeal of Irene McGuire for property at 387 Plain Hill Road, located in an R-80 zone district. In accordance with Sec. 12.1, northerly side yard setback, 40’ required to be reduced to 8’ in order to replace 8’x26’ 2nd story deck. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, and Paul Kramarewicz. Page 3 of 6  The Board noted the hardship as an old, rotted deck in need of repair because it is a liability. On a motion by Travers/Kramarewicz, it was unanimously voted to approve the variance. #V-08-33 Appeal of Irene McGuire for property at 387 Plain Hill Road, located in an R-80 zone district. In accordance with Sec. 12.1, northerly side yard setback, 40’ required to be reduced to 8’ in order to replace 8’x26’ 2nd story deck. APPROVED ~~~~~ #V-08-34 Appeal of Sami Ahmed for property at 172-176 Central Avenue, located in an MF zone district. In accordance with Sec. 8.3.1(d)5, Density, 15,000SF to be reduced to 3,049SF; Sec. 8.3.1(d)6, Rec Area, 1350 SF required to be reduced to 1300SF and 30’ minimum width to be reduced to 20’; and Sec. 15.1.2, Off-Street Parking, 7 ½ spaces required to be reduced to 0 spaces in order to allow conversion from 2-family & commercial to 3- family. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, and Paul Kramarewicz. The Board discussed the hardship as the small lot. It was also discussed that when the applicant purchased the property it was three apartments and there is plenty of on-street parking. The Board stated that it was pre-existing and the owner has no intent on creating something that wasn’t there. There wasn’t anyone in opposition. On a motion by Travers/Kramarewicz it was voted 4-1 (Benjamin opposed) to approve the variance. #V-08-34 Appeal of Sami Ahmed for property at 172-176 Central Avenue, located in an MF zone district. In accordance with Sec. 8.3.1(d)5, Density, 15,000SF to be reduced to 3,049SF; Sec. 8.3.1(d)6, Rec Area, 1350 SF required to be reduced to 1300SF and 30’ minimum width to be reduced to 20’; and Sec. 15.1.2, Off-Street Parking, 7 ½ spaces required to be reduced to 0 spaces in order to allow conversion from 2-family & commercial to 3- family.APPROVED ~~~~~ #V-08-35 Appeal of Paul O’Connell for property at 46 Sunnyside St (aka 46 Sunnyside West Rd), located in R-40 zone district. In accordance with Sec. 12.1, northerly side yard setback, 30’ required to be reduced to 4’ for existing 10’x10’ shed; and southerly side yard setback, 30’ required to be reduced to 7’ in order to replace/enlarge 432 SF addition & allow existing 16’x16’ deck. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, and Paul Kramarewicz. Page 4 of 6  The Board discussed the hardships as the narrow lot and the property is in need of structural repair to meet the current building codes. It was also noted that the owner would be replacing something that is pre-existing without much modification. On a motion by Travers/Kramarewicz it was unanimously voted to approve the variance. #V-08-35 Appeal of Paul O’Connell for property at 46 Sunnyside St (aka 46 Sunnyside West Rd), located in R-40 zone district. In accordance with Sec. 12.1, northerly side yard setback, 30’ required to be reduced to 4’ for existing 10’x10’ shed; and southerly side yard setback, 30’ required to be reduced to 7’ in order to replace/enlarge 432 SF addition & allow existing 16’x16’ deck. APPROVED ~~~~~ #V-08-36 Appeal of John FitzGerald for property at 57 Vergason Avenue, located in an R-40 zone. In accordance with Sec. 12.1, northerly side yard setback, 30’ required to be reduced to 20 ½’ and front yard setback, 50’ required to be reduced to 43’ in order to enlarge bathroom/breezeway. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, and Paul Kramarewicz. Ms. Travers noted that the owner has problems with leaks due to the flat roof, which is deteriorating. The locations of the septic system and the well are also hardships. Mr. Kramarewicz mentioned “quality of life”. On a motion by Travers/Kramarewicz, it was unanimously voted to approve the application. #V-08-36 Appeal of John FitzGerald for property at 57 Vergason Avenue, located in an R-40 zone. In accordance with Sec. 12.1, northerly side yard setback, 30’ required to be reduced to 20 ½’ and front yard setback, 50’ required to be reduced to 43’ in order to enlarge bathroom/breezeway. APPROVED J. OTHER MATTERS K. ADJOURNMENT On a motion by Kramarewicz/Jacaruso, it was unanimously voted to adjourn the meeting at 7:45 pm. Page 5 of 6 Respectfully submitted, Paulette Craig, Secretary Zoning Board of Appeals Page 6 of 6