Zoning Board of Appeals

DRAFT CITY OF NORWICH ZONING BOARD OF APPEALS April 14, 2009 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: Marc Benjamin, Chairman Joseph Jacaruso, Vice Chairman Dorothy Travers Henry Olender Santo Rizzuto, Alternate Raymond Dussault, Alternate ABSENT: Paul Kramarewicz ALSO PRESENT: Paulette Craig, Zoning Enforcement Officer Darlene Fedus Papineau, Recording Secretary ~~~~~ E. COMMUNICATIONS NONE ~~~~~ F. ACCEPTANCE OF MINUTES On a motion by Rizzuto/Travers, it was voted unanimously to accept the March 10, 2009 meeting minutes. ~~~~~ G. OLD BUSINESS None H. NEW BUSINESS #V-09-04 Appeal of Frank Pina for property located at 3 Evans St, located in an R-20 zone district. In accordance with Sec. 12.1, front yard setback, 30’ required to be reduced to 16½’; rear yard setback, 30’ required to be reduced to 13½’; northerly side yard setback, 15’ required to be reduced to 14’ & southerly side yard setback, 15’ required to be reduced to 8’ in order to keep 18’x20’ metal garage. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry 1 of 8 Olender, and Santo Rizzuto. Ms. Craig entered into the record as Exhibit “A”, the application, as “B”, public notices of 04/01/09 & 04/08/09; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map/applicants sketch; as “F”, photo; as “G”, structural review; as “H”, land description; as “I”, no opposition letter - Sarah Fredrick; and as “J”, complaint record. Speaking in favor was the applicant, Frank Pina. The garage was put up last year on a 40’x50’ piece of land abutting the applicant’s property on a separate deeded lot. Mr. Benjamin stated that the separate deeded lot has an accessory use but not a principal use and there is no other place on the property where the house is located to place the garage. The best possible thing for the applicant to do is combine the lots. There being no other speakers, the public hearing was closed. ~~~~~ #V-09-05 Appeal of Gilton Plourde for property located at 19 Pilling St, located in an R-40 zone district. In accordance with Sec. 12.1, Pilling St front yard setback, 50’ required to be reduced to 35’; Nelson St front yard setback, 50’ required to be reduced to 12’ to deck & 35’ to shed; and westerly side yard setback, 30’ required to be reduced to 7’ to shed in order to construct wraparound deck and 14’x20’ shed. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, and Raymond Dussault. Ms. Craig entered into the record as Exhibit “A”, the application, as “B”, public notices of 04/01/09 & 04/08/09; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map/applicant’s sketch; as “F”, site plan; as “G”, Uncas Health approval; as “H”, no opposition letter - Davis; and as “I”, photos. Speaking in favor was the applicant, Gilton Plourde. He told the Board he wants to build a wrap around deck and a shed. The shed would be placed where the garage is because eventually he will be removing the garage. The applicant stated the hardships related to the placement of the shed as the rear yard topography, the location of the well and septic system and the narrowness of the lot. The Board discussed other possible areas where the shed could be placed on the property that wouldn’t require a variance. There being no other speakers, the public hearing was closed. ~~~~~ #V-09-06 Appeal of Pamela Muccilli for property located at 101 Union St, located in a MF zone district. In accordance with Sec. 12.1, rear yard Page 2 of 8  setback, 25’ required to be reduced to 14½’ & maximum lot coverage, 25% allowed to be increased to 42% in order to replace bulkhead enclosure. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, and Santo Rizzuto Ms. Craig entered into the record as Exhibit “A”, the application, as “B”, public notices of 04/01/09 & 04/08/09; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map/applicant’s sketch; as “F”, photos; and as “G”, packet. Speaking in favor was the owner, Pamela Muccilli. She presented to the Board the current situation of water running into the basement from the back yard. The basement gets water up to 1” at times. The grade in the back yard pitches and the surrounding properties are higher in elevation, creating runoff. The applicant has buckets for now set up to capture some of the rainwater. She told the Board she can’t use the basement due to the water and there is no way to direct it anywhere else. Speaking in favor of the appeal was Eric Field, contractor for the applicant. He stated that the owner intends to stop water from entering the basement by replacing the bulkhead enclosure on the existing 4’x7’ cement pad and increase safety for the home by creating a locked entrance to the basement and an exit in case of emergency. The Board discussed the fact that what the applicant applied for would be sufficient and solve the problem. There being no other speakers, the public hearing was closed. ~~~~~ #V-09-07 Appeal of Harry O’Keefe for property located at 17-19 Wayne St, located in an R-40 zone district. In accordance with Sec. 12.1, northerly side yard setback, 30’ required to be reduced to 20’; southerly side yard setback, 30’ required to be reduced to 10’; rear yard setback, 50’ required to be reduced to 30’ & maximum lot coverage, 10% allowed to be increased to 25% in order to construct 34’x70’ dwelling. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, and Raymond Dussault. Ms. Craig entered into the record as Exhibit “A”, the application packet, as “B”, public notices of 04/01/09 & 04/08/09; as “C”, abutters’ notices; as “D”, GIS map; and as “E”, no opposition letter - Wilk. Speaking in favor was the applicant, Harry O’Keefe of 55 North Cliff Street and owner of 17-19 Wayne Street. He stated to the Board that the property has been in the family since 1949 and he intends on building a 34’x70’ cape to keep in harmony with the other houses in the area. The applicant stated he doesn’t have reasonable use of the property. Page 3 of 8  Mr. Benjamin stated that it comes a question of reasonable use and overbuilding. The Board also discussed stipulations placed in regard to the height it could be. There being no other speakers, the public hearing was closed. ~~~~~ #V-09-08 Appeal of Gloria Hollis for property located at 174 Merchants Ave/5 Old Canterbury Tpke, located in an R-40 zone district. In accordance with Sec. 12.1, Old Canterbury Tpke front yard, 50’ required to be reduced to 45’ and easterly side yard setback, 30’ required to be reduced to 25½’ in order to keep 8’x25’ addition, 12’x20’ deck & stairs. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, Santo Rizzuto and Raymond Dussault. (Mr. Benjamin recused himself.) Ms. Craig entered into the record as Exhibit “A”, the application, as “B”, public notices of 04/01/09 & 04/08/09; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map/applicant’s sketch; and as “F”, photos. Speaking in favor was the owner/applicant, Gloria Hollis and her son-in- law, Christian Hayes of 5 Canterbury Turnpike. Mr. Hayes stated that he built an 8’x25’addition and a 12’x20’ deck without permits. The Board noted the fact that it was a pretty big project to do without permits. It was discussed that the only way it was discovered was after a car had an accident and caught fire resulting in damage to the newly constructed area. The Board was informed that electrical work was performed but not plumbing. The hardship was stated as the two front yards. There being no other speakers, the public hearing was closed. ~~~~~ #V-09-09 Appeal of Norwich Board of Education for property located at 21- 25 Mahan Dr, located in an R-40 zone district. In accordance with Sec. 12.1, maximum lot coverage, 10% allowed to be increased to 14.3% in order to construct 40,900 SF addition(s). There was no representative for this application; the Board decided to postpone this application until the end of the meeting, in hopes that someone would show up. I. DISCUSSION/DECISION ON APPLICATIONS #V-09-04 Appeal of Frank Pina for property located at 3 Evans St, located in an R-20 zone district. In accordance with Sec. 12.1, front yard setback, 30’ required to be reduced to 16½’; rear yard setback, 30’ required to be reduced to 13½’; northerly side yard setback, 15’ required to be reduced to Page 4 of 8 14’ & southerly side yard setback, 15’ required to be reduced to 8’ in order to keep 18’x20’ metal garage. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender and Santo Rizzuto. The hardship noted by Ms. Travers was the awkward piece of property, which has been split up and is narrow in size. Mr. Olender added that if the applicant combined the lots he could always move the garage closer to the house and eliminate two of the setbacks and be financially beneficial. Mr. Benjamin stated he is opposed to the applicant using the property for an accessory use and a reasonable use for the property is not for a garage. On a motion by Rizzuto/Jacaruso, it was unanimously voted reduce the front yard setback from 30’ to 16 ½’ and to reduce the rear yard setback from 30’ to 13 ½’. On a motion by Rizzuto/Jacaruso, it was voted 1-4 ( #V-09-04 Appeal of Frank Pina for property located at 3 Evans St, located in an R-20 zone district. In accordance with Sec. 12.1, front yard setback, 30’ required to be reduced to 16½ ’- APPROVED; rear yard setback, 30’ required to be reduced to 13½’ - APPROVED; northerly side yard setback, 15’ required to be reduced to 14’ - DENIED & southerly side yard setback, 15’ required to be reduced to 8’ - DENIED in order to keep 18’x20’ metal garage. ~~~~~ #V-09-05 Appeal of Gilton Plourde for property located at 19 Pilling St, located in an R-40 zone district. In accordance with Sec. 12.1, Pilling St front yard setback, 50’ required to be reduced to 35’; Nelson St front yard setback, 50’ required to be reduced to 12’ to deck & 35’ to shed; and westerly side yard setback, 30’ required to be reduced to 7’ to shed in order to construct wraparound deck and 14’x20’ shed. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, and Raymond Dussault. Mr. Benjamin stated the hardship is the two front yards. There is an existing deck on the Nelson Street side of the property. It was determined that the majority of the deck and existing stairs (to be replaced) are being built towards the back of the house and side where the garage is. Ms. Travers noted the hardship as the applicant not expanding a non conforming use. On a motion by Dussault/Travers, it was voted unanimously to approve the reduction of the Pilling St front yard setback from 50’ to 35’ and to reduct the Nelson St front yard setback from 50’ to 12’ in order to construct the wraparound deck. On a motion by Dussault/Travers, it was voted 1-4 (Benjamin, Travers, Olender, Dussault opposed) to reduce the Nelson St front yard setback from 50’ to 35’ and on a motion by Dussault/Benjamin, it was voted 0-5 (Benjamin, Travers, Page 5 of 8 Olender, Dussault, Jacaruso opposed) to reduce the westerly side yard setback from 30’ to 7’ in order to construct a 14’x20’ shed. #V-09-05 Appeal of Gilton Plourde for property located at 19 Pilling St, located in an R-40 zone district. In accordance with Sec. 12.1, Pilling St front yard setback, 50’ required to be reduced to 35’ - APPROVED; Nelson St front yard setback, 50’ required to be reduced to 12’ to deck - APPROVED & 35’ to shed - DENIED; and westerly side yard setback, 30’ required to be reduced to 7’ to shed - DENIED in order to construct wraparound deck and 14’x20’ shed. ~~~~~ #V-09-06 Appeal of Pamela Muccilli for property located at Union St, located in a MF zone district. In accordance with Sec. 12.1, rear yard setback, 25’ required to be reduced to 14½’ & maximum lot coverage, 25% allowed to be increased to 42% in order to replace bulkhead enclosure. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, and Santo Rizzuto. The Board discussed the hardships as the size and shape of lot and the runoff of water. On a motion by Rizzuto/Travers it was unanimously voted to approve the variance. #V-09-06 Appeal of Pamela Muccilli for property located at 101 Union St, located in a MF zone district. In accordance with Sec. 12.1, rear yard setback, 25’ required to be reduced to 14½’ & maximum lot coverage, 25% allowed to be increased to 42% in order to replace bulkhead enclosure - APPROVED ~~~~~ #V-09-07 Appeal of Harry O’Keefe for property located at 17-19 Wayne St, located in an R-40 zone district. In accordance with Sec. 12.1, northerly side yard setback, 30’ required to be reduced to 20’; southerly side yard setback, 30’ required to be reduced to 10’; rear yard setback, 50’ required to be reduced to 30’ & maximum lot coverage, 10% allowed to be increased to 25% in order to construct 34’x70’ dwelling. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, and Raymond Dussault. Mr. Benjamin mentioned he was concerned with the size of the footprint. Mr. Olender stated his concern as the building’s height. There was some discussion as to the preference of centering the house on the lot. It was noted by the Board that the property has been in the family for years. The hardship associated with the property is the owner doesn’t have reasonable use of the property. Page 6 of 8  On motions by Dussault/Travers, it was voted unanimously to approve the variances. #V-09-07 Appeal of Harry O’Keefe for property located at 17-19 Wayne St, located in an R-40 zone district. In accordance with Sec. 12.1, northerly side yard setback, 30’ required to be reduced to 20’; southerly side yard setback, 30’ required to be reduced to 10’; rear yard setback, 50’ required to be reduced to 30’ & maximum lot coverage, 10% allowed to be increased to 25% in order to construct 34’x70’ dwelling - APPROVED ~~~~~ #V-09-08 Appeal of Gloria Hollis for property located at 174 Merchants Ave/5 Old Canterbury Tpke, located in an R-40 zone district. In accordance with Sec. 12.1, Old Canterbury Tpke front yard, 50’ required to be reduced to 45’ and easterly side yard setback, 30’ required to be reduced to 25½’ in order to keep 8’x25’ addition, 12’x20’ deck & stairs. Seated were Joseph Jacaruso, Dorothy Travers, Henry Olender, Santo Rizzuto and Raymond Dussault. Mr. Rizzuto stated the hardships as the small house, two front yards and the narrow lot. Mr. Dussault stated the hardship was self-created. Mr. Olender stated the hardship as the corner lot. On a motion by Rizzuto/Travers, the vote was 4-1, (Dussault opposed) to approve the variance. #V-09-08 Appeal of Gloria Hollis for property located at 174 Merchants Ave/5 Old Canterbury Tpke, located in an R-40 zone district. In accordance with Sec. 12.1, Old Canterbury Tpke front yard, 50’ required to be reduced to 45’ and easterly side yard setback, 30’ required to be reduced to 25½’ in order to keep 8’x25’ addition, 12’x20’ deck & stairs - APPROVED ~~~~~ #V-09-09 Appeal of Norwich Board of Education for property located at 21- 25 Mahan Dr, located in an R-40 zone district. In accordance with Sec. 12.1, maximum lot coverage, 10% allowed to be increased to 14.3% in order to construct 40,900 SF addition(s). Noone appeared to represent this application. On a motion by Benjamin/Dussault, it was unanimously voted to continue this until the next meeting and to notify the applicant that they are required to have a representative present. J. OTHER MATTERS None Page 7 of 8 K. ADJOURNMENT On a motion by Rizzuto/Jacaruso, it was unanimously voted to adjourn at 9:27 pm. Respectfully submitted, Paulette Craig, Secretary Zoning Board of Appeals Page 8 of 8