Zoning Board of Appeals

DRAFT CITY OF NORWICH ZONING BOARD OF APPEALS May 12, 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 Paul Kramarewicz Henry Olender Santo Rizzuto, Alternate ABSENT: Raymond Dussault, Alternate ALSO PRESENT: Darlene Fedus Papineau, Recording Secretary ~~~~~ E. COMMUNICATIONS NONE ~~~~~ F. ACCEPTANCE OF MINUTES On a motion by Rizzuto/Jacaruso, it was voted unanimously to accept the April 14, 2009 meeting minutes as amended. ~~~~~ G. OLD BUSINESS #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, Nelson St front yard setback, 50’ required to be reduced to 35’, and westerly side yard setback, 30’ required to be reduced to 7’ in order to construct 14’ x 20’ shed. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz, and Henry Olender. Ms. Papineau entered into the record as Exhibit “A”, the application, as “B1”, public notices of 04/01/09 & 04/08/09; as “B2”, public notices of 04/29/09 & 05/06/09; 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; as “I”, photos; as “J”, Uncas Health approval #2 for shed; and as “K”, applicant’s packet. 1 of 7  This applicant was already heard at the ZBA meeting April 14, 2009 and asked Ms. Craig if he could give additional testimony to the Board he felt pertinent to portions of the variance that were denied. After polling the Board members last month it was agreed to allow Mr. Plourde to give additional testimony. Speaking in favor was the applicant, Gilton Plourd of 19 Pilling Street. He admitted to the Board he was naïve to the process and hadn’t come fully prepared to present testimony regarding the pertinent information regarding the previously failed septic system. Mr. Plourd indicated that Uncas Health conversed with him verbally and in written form. He stated that during the septic system repair, pipes were installed to collect and reroute the overflow water from a pond, which is located on an adjacent property. Uncas Health recommended that the shed be placed in an area that will not interfere with the system; this is the applicant’s hardship. The Board discussed the fact that they were under the impression at the last meeting the garage was structurally unsound and would be taken down, therefore the shed would be necessary. 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 33,420 SF addition(s). Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz and Henry Olender. Ms. Papineau entered into the record as Exhibit “A”, the application, as “B1”, public notices of 04/01/09 & 04/08/09; as “B2”, public notices of 04/29/09 & 05/06/09; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map; and as “F”, site plan. Speaking in favor of the applicant was James Lawler, Project Architect of 224 Whiting Lane, West Hartford, CT. He told the Board the increase in lot coverage was necessary to bring the school into compliance with building code regulations and the Americans with Disabilities Act. The proposed expansion would cover 14.3 % of the school property. Mr. Lawler said the school expansion actually would cover only a minimal portion of the city land on Mahan Drive near the school, with ball fields, the city owned tennis courts and a dirt parking lot at the corner of Mahan Drive and Mohegan Road. Mr. Lawler said the School Building Committee did not want to disrupt the operation of the ball fields, tennis courts or the parking lot. Also speaking in favor was Charles Jaskiewicz, Board of Education Chairman. He told the Board the expanded school with its new 800-seat Page 2 of 7  auditorium would add to the municipal complex, creating a central gathering spot for city activities. There being no other speakers, the public hearing was closed. ~~~~~ H. NEW BUSINESS #V-09-10 Appeal of Jeffrey Scalaro for property located at 5 Orton St, located in an R-20 zone district. In accordance with Sec. 12.1, front yard setback (Helen St) 30’ required to be reduced to 10’; front yard setback (Orton St) 30’ required to be reduced to 17’; easterly side yard setback, 15’ required to be reduced to 12’ & maximum lot coverage, 20% allowed to be increased to 25.8% in order to construct 16’x21’ garage. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz and Henry Olender. Ms. Papineau entered into the record as Exhibit “A”, the application, as “B”, public notices of 04/29/09 & 05/06/09; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map; as “F”, applicant’s sketch-site plan; as “G”, no opposition-Viera; and as “H”, no opposition-Nylen. Speaking in favor was the applicant, Jeffrey Scalaro. He stated to the Board he currently has a garage located under his house in which he keeps a classic car, tools and lawn maintenance equipment. The applicant listed his hardships as a narrow lot, two front yards and limited on-street parking. There being no other speakers, the public hearing was closed. ~~~~~ #V-09-11 Appeal of Dana Caviggia for property located at 176 Old Salem Rd, located in an R-20 zone district. In accordance with Sec. 12.1, westerly side yard setback, 15’ required to be reduced to 6’ in order to construct 20’x15’ shed. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz and Henry Olender. The applicants requested that the appeal be continued due to personal issues. ~~~~~ #V-09-12 Appeal of New Horizon III LLC for property located at 1 Cedar St, located in a MF zone district. In accordance with Sec. 5.5, Maximum Height of Fence, 6’ allowed to be increased to 8’. Page 3 of 7  Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz and Santo Rizzuto. Ms. Papineau entered into the record as Exhibit “A”, the application, as “B”, public notices of 04/29/09 & 05/06/09; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map/applicant’s sketch; and as “F”, applicant’s photos. Speaking in favor was the applicant, Heather Ford-Bunn of 1 Cedar Street. She told the Board that she lives next door to a four-family house. The house is elevated approximately two and a half feet and she would like to have privacy and a six-foot fence would not be high enough. The fence would be a 6’ picket fence with 2’ of lattice on top. There being no other speakers, the public hearing was closed. ~~~~~ #V-09-13 Appeal of Lazizah LLC for property located at 125 Yantic Rd, located in an R-80 zone district. In accordance with Sec. 8.1.1, Permitted Use in R-80 zone; Sec. 12.1, front yard setback, 60’ required to be reduced to 25 ½’; rear yard setback, 60’ required to be reduced to 16’; and lot coverage, 10% allowed to be increased to 14% in order to enlarge bakery/convert to eatery. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz and Henry Olender. This application has been continued until the Commission on the City Plan forwards their recommendation. ~~~~~ #V-09-14 Appeal of Paul Anderson for property located at 17 Holly Bush Lane, located in an R-40 zone district. In accordance with Sec. 12.1, westerly side yard setback, 30’ required to be reduced to 21’ & northerly side yard setback, 30’ required to be reduced to 23’ in order to construct 10’x14’ shed. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz and Henry Olender. Ms. Papineau entered into the record as Exhibit “A”, the application, as “B”, public notices of 04/29/09 & 05/06/09; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map; as “F”, applicant’s sketch-site plan; as “G”, no opposition-Vanase; and as “H”, applicant’s pictures. Speaking in favor was the applicant, Paul Anderson. Mr. Anderson told the Board the area he would like to place the shed is the most logical location on the property. He presented pictures to the Board showing the sloping topography and the configuration of the lot. Page 4 of 7  Also, speaking in favor of the applicant was Roland Thayer of 24 Holly Bush Lane. He stated that the applicant is meticulous about his property and the area where the shed would go would be the most appropriate. There being no other speakers, the public hearing was closed. ~~~~~ I. DISCUSSION/DECISION ON APPLICATIONS #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, Nelson St front yard setback, 50’ required to be reduced to 35’, and westerly side yard setback, 30’ required to be reduced to 7’ in order to construct 14’ x 20’ shed. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz and Henry Olender. The Board discussed the fact that they were under the impression that the pre-existing, nonconforming garage needed to come down. They told the applicant that they would approve the variance with the stipulation that within a reasonable amount of time the garage would be taken down after the construction of the shed. Mr. Benjamin noted that if the Board allowed both structures they would then be extending a non-conformity. On a motion by Kramarewicz/Travers, it was unanimously voted to approve the variance with the condition that the garage is taken down in a reasonable amount of time after the construction of the shed. The hardship was stated as the only reasonable place for the shed due to the slope of the property and the location of the septic. #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, Nelson St front yard setback, 50’ required to be reduced to 35’, and westerly side yard setback, 30’ required to be reduced to 7’ in order to construct 14’ x 20’ shed. APPROVED WITH CONDITION THAT THE GARAGE IS TAKEN DOWN IN A REASONABLE AMOUNT OF TIME AFTER THE CONSTRUCTION OF THE SHED . ~~~~~ #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 33,420 SF addition(s). Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz and Henry Olender. Page 5 of 7  The Board discussed the hardships as bringing the school up to compliance with building codes, State mandates and ADA requirements. Mr. Benjamin noted that there would be several additions totaling 33,420 SF. The Board also stated it will be an asset to the community and the City. On a motion by Kramarewicz/Travers it was unanimously voted to approve the variance. #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 33,420 SF addition(s).APPROVED ~~~~~ #V-09-10 Appeal of Jeffrey Scalaro for property located at 5 Orton St, located in an R-20 zone district. In accordance with Sec. 12.1, front yard setback (Helen St) 30’ required to be reduced to 10’; front yard setback (Orton St) 30’ required to be reduced to 17’; easterly side yard setback, 15’ required to be reduced to 12’ & maximum lot coverage, 20% allowed to be increased to 25.8% in order to construct 16’x21’ garage. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz and Henry Olender. The Board discussed the hardships associated with the property as the two front yards, the very narrow lot and low traffic on the street. It was determined the applicant was not asking for unreasonable use and it is the only area to place the shed due to the location of a stonewall on the property and the topography. The existing shed will be removed and the garage will be placed there. On a motion by Kramarewicz/Travers it was unanimously voted to approve the variance. #V-09-10 Appeal of Jeffrey Scalaro for property located at 5 Orton St, located in an R-20 zone district. In accordance with Sec. 12.1, front yard setback (Helen St) 30’ required to be reduced to 10’; front yard setback (Orton St) 30’ required to be reduced to 17’; easterly side yard setback, 15’ required to be reduced to 12’ & maximum lot coverage, 20% allowed to be increased to 25.8% in order to construct 16’x21’ garage.APPROVED ~~~~~ #V-09-12 Appeal of New Horizon III LLC for property located at 1 Cedar St, located in a MF zone district. In accordance with Sec. 5.5, Maximum Height of Fence, 6’ allowed to be increased to 8’. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz and Santo Rizzuto. The Board discussed the hardship as the elevation of the neighboring Page 6 of 7  property and an 8’ fence would provide the privacy needed. On a motion by Kramarewicz/Rizzuto, it was voted unanimously to approve the variance. #V-09-12 Appeal of New Horizon III LLC for property located at 1 Cedar St, located in a MF zone district. In accordance with Sec. 5.5, Maximum Height of Fence, 6’ allowed to be increased to 8’.APPROVED ~~~~~ V-09-14 Appeal of Paul Anderson for property located at 17 Holly Bush Lane, located in an R-40 zone district. In accordance with Sec. 12.1, westerly side yard setback, 30’ required to be reduced to 21’ & northerly side yard setback, 30’ required to be reduced to 23’ in order to construct 10’x14’ shed. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz and Henry Olender. The Board discussed the hardships as the uniqueness of the property as a five-sided lot and the topography of the property. It was determined the location would be the most logical place for the shed to be placed. There was no opposition from the public. V-09-14 Appeal of Paul Anderson for property located at 17 Holly Bush Lane, located in an R-40 zone district. In accordance with Sec. 12.1, westerly side yard setback, 30’ required to be reduced to 21’ & northerly side yard setback, 30’ required to be reduced to 23’ in order to construct 10’x14’ shed. APPROVED J. OTHER MATTERS None K. ADJOURNMENT On a motion by Rizzuto/Benjamin, it was unanimously voted to adjourn at 9:15 p.m. Respectfully submitted, Darlene Papineau, Recording Secretary Zoning Board of Appeals Page 7 of 7