Zoning Board of Appeals

DRAFT CITY OF NORWICH ZONING BOARD OF APPEALS May 11, 2010 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, Co-Chairman Dorothy Travers Paul Kramarewicz Santo Rizzuto-Alternate Raymond Dussault-Alternate ABSENT: Henry Olender ALSO PRESENT: Tianne Phoenix Curtis, Zoning Enforcement Officer Darlene Fedus- Papineau, Recording Secretary E. COMMUNICATIONS: NONE F. ACCEPTANCE OF MINUTES On a motion by Rizzuto/Kramarewicz, it was voted unanimously to approve the minutes of the April 13, 2010 regular meeting. G. OLD BUSINESS - NONE H. NEW BUSINESS 1. V#10-06 – Appeal of Ed Krodel III on behalf of owner Daniel Ruffo for property located at 12 Sunrise Street, located in a Residential R-40 zoning district. In accordance with Sec.12.1 50’ Rear Yard setback request to reduce to 21’to allow construction of rear deck. Seated were, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz, Santo Rizzuto and Raymond Dussault. Ms. Curtis entered into the record as Exhibit “A”, public notices of 04/30/10 & 05/07/10, as “B”, ZBA application/Grounds for Appeal; as “C” notice of variance application; as “D”, Abutters Certification of Notice; as “E”, 1 of 6  Assessor’s street card; as “F”, sketch of proposed deck; as “G”, Footprint of existing home; and as “H”, Certified mailing of agenda to applicant. Speaking in favor of the application was Ed Krodel lll, of South Chestnut St, Wauregan CT. Mr. Krodel told the Board that due to the strict requirements in that area it is difficult to meet the setbacks and the fact that the well is located in the rear yard. The Board asked the applicant several questions relevant to the placement of the stairs, the topography of the property, and location of septic due to the fact that the applicant did not provide pictures pertaining to the application. After much discussion, the applicant stated the hardship would be reasonable use of the property. There being no other speakers, the public hearing was closed. 2. V#10-07 – Appeal of Ana-Mari Ellington for property located at 36 Huntington Ave, located in a Residential R-20 zoning district. In accordance with Sec.12.1 30’ Front Yard setback request to reduce to 3’; 15’ Northeasterly Side Yard setback request to reduce to 2’; 15’ Southwesterly Side Yard setback request to reduce to 14’ to allow construction of a single-family home. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz, Santo Rizzuto and Raymond Dussault. Ms. Curtis entered into the record as Exhibit “A”, public notices of 04/30/10 & 05/07/10, as “B”, ZBA application/Grounds for Appeal; as “C” notice of variance application; as “D”, Abutters Certification of Notice; as “E”, Assessor’s street card; as “F”, Sample floor plan of proposed home; as “G”, Footprint and setbacks of existing home; as “H”, Certified mailing of agenda to applicant; and as “I”, Existing conditions print. Speaking in favor was the applicant, Ana-Marie Ellington, presently of 151 Mill Rock Road, Old Saybrook, CT and owner of 36 Huntington Avenue, Norwich, CT. She told the Board that due to a fire in 2009, the house has been condemned and needs to be demolished per a Structural Engineer hired by the applicant. She stated that her only option is to build a modular home and stated her hardships as, the location of the septic and leaching field, the narrowness of the property, and a brook located in the rear of the property. The new structure would be placed sideways on the property facing the southerly side and would be 4.4 feet further on the property reducing an existing sightline problem due to the existing 4 foot deck and stairs being eliminated form the proposed house. Speaking in opposition was David and Teresa Gray of 32 Huntington Avenue. Mr. Gray stated he was concerned with the placement of the house and the structural integrity of an existing retaining wall. He said he would like to see the house placed 20’ further then where it is proposed. The Board informed Mr. Gray that they are there to discuss the direction and placement the house. Mr. Dussault informed the applicant that he didn’t think the applicant was taking advantage of an opportunity or Page 2 of 6  maximizing her potential in regards to the placement of the proposed house. There was a brief discussion regarding wetlands and the Health Department. Mr. Dussault stated he would have liked to have pictures of the existing property. There being no other speakers, the public hearing was closed. 3. V#10-08 – Appeal of Dwight Davis Jr. for property located at 5 Nelson Street, located in a Residential R-40 zoning district. In accordance with Sec.12.1 50’ Front Yard setback request to reduce to 32’; 50’ Rear Yard setback request to reduce to 45’ to allow construction of pool. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz, Santo Rizzuto and Raymond Dussault. Ms. Curtis entered into the record as Exhibit “A”, public notices of 04/30/10 & 05/07/10, as “B”, ZBA application/Grounds for Appeal; as “C” notice of variance application; as “D”, Abutters Certification of Notice; as “E”, Uncas Health District approval; as “F”, Sketch of proposed deck with stairs; as “G”, Certified mailing of agenda to applicant; and as “H”, Photograph of front of home. Ms. Curtis informed the Board that this property is a corner lot with two front yards and falls under Section 5.6 in the regulations stating that pools cannot be in a front yard. Speaking in favor was the applicant Dwight Davis of 5 Nelson Street. He told the Board because of the corner lot, the topography of the property and the location of the septic and leaching field this is the only location the pool can be installed. There will be a small deck and steps, which wouldn’t infringe on the setbacks. The Board viewed pictures of the property showing the ledge on the property and the area of the proposed pool. There being no other speakers, the public hearing was closed. I. DISCUSSION/DECISION ON APPLICATIONS V#10-06 – Appeal of Ed Krodel III on behalf of owner Daniel Ruffo for property located at 12 Sunrise Street, located in a Residential R-40 zoning district. In accordance with Sec.12.1 50’ Rear Yard setback request to reduce to 21’to allow construction of rear deck. Seated were, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz, Page 3 of 6 Santo Rizzuto and Raymond Dussault. Mr. Benjamin recluse himself and Mr. Dussault will be voting on this application. Mr. Dussault noted that the applicant did not provide pictures or drawings and didn’t believe the applicant didn’t have a hardship. He stated that if drawings or pictures were provided it would details any hardships the applicant is trying to prove. Mr. Kramarewicz noted the hardships as the small lot, the location of the septic and the owner not having reasonable use of the property. Mr. Dussault informed the Board that location of well is an issue and not the septic. It was noted that there wasn’t any opposition from abutters. Mr. Benjamin noted that the 50’ setback required is a hardship due to the fact that at present the house is only 38’, which makes it pre-existing, non-conforming. Mr. Rizzuto made a motion to amend the motion made by Kramarewicz/Travers to include to the hardships stated above, the pre- existing non-conforming lot. V#10-06 – Appeal of Ed Krodel III on behalf of owner Daniel Ruffo for property located at 12 Sunrise Street, located in a Residential R-40 zoning district. In accordance with Sec.12.1 50’ Rear Yard setback request to reduce to 21’to allow construction of rear deck. APPROVED V#10-07 – Appeal of Ana-Mari Ellington for property located at 36 Huntington Ave, located in a Residential R-20 zoning district. In accordance with Sec.12.1 30’ Front Yard setback request to reduce to 3’; 15’ Northeasterly Side Yard setback request to reduce to 2’; 15’ Southwesterly Side Yard setback request to reduce to 14’ to allow construction of a single-family home. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz, Santo Rizzuto and Raymond Dussault. The Board discussed the hardships; the homeowner doesn’t have reasonable use of her property, the location of the septic and the fact that the property is pre-existing non-conforming. The Board noted that the applicant is improving the site line issue for the neighbor. The Board conditioned the variance to include the existing house will be knocked Page 4 of 6  down. On a motion by Rizzuto/Travers it was unanimously voted to approve the variance with the condition that the existing house be knocked down. V#10-07 – Appeal of Ana-Mari Ellington for property located at 36 Huntington Ave, located in a Residential R-20 zoning district. In accordance with Sec.12.1 30’ Front Yard setback request to reduce to 3’; 15’ Northeasterly Side Yard setback request to reduce to 2’; 15’ Southwesterly Side Yard setback request to reduce to 14’ to allow construction of a single-family home. APPROVED WITH CONDITION THAT THE EXISTING HOUSE WILL BE KNOCKED DOWN. V#10-08 – Appeal of Dwight Davis Jr. for property located at 5 Nelson Street, located in a Residential R-40 zoning district. In accordance with Sec.12.1 50’ Front Yard setback request to reduce to 32’; 50’ Rear Yard setback request to reduce to 45’ to allow construction of pool. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz, Santo Rizzuto and Raymond Dussault. The Board discussed the hardship as the location of the septic tank and the topography. They also mentioned the fact that the pool would be mostly in the side yard not the front. On a motion by Dussault/Kramarewicz, it was unanimously voted to approve the variance. V#10-08 – Appeal of Dwight Davis Jr. for property located at 5 Nelson Street, located in a Residential R-40 zoning district. In accordance with Sec.12.1 50’ Front Yard setback request to reduce to 32’; 50’ Rear Yard setback request to reduce to 45’ to allow construction of pool. K. ADJOURNMENT On a motion by Kramarewicz/Rizzuto, it was unanimously voted to adjourn at 7:55 p.m. Respectfully submitted, Page 5 of 6 Darlene Fedus-Papineau Recording Secretary Page 6 of 6