Zoning Board of Appeals

DRAFT CITY OF NORWICH ZONING BOARD OF APPEALS July 13, 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 Henry Olender Paul Kramarewicz Santo Rizzuto-Alternate Raymond Dussault-Alternate ABSENT: NONE 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/Jacaruso, it was voted unanimously to APPROVE the minutes of the June 8, 2010 regular meeting. G. OLD BUSINESS – V#10-10 – Appeal of Cheryl Raymond for property located at 74 Flyers Drive located in a Residential R-40 zoning district. In accordance with Sec.12.1 10% Lot coverage required, request to increase to 19% and 50’ Rear yard required request to reduce to 5’ to construct 8’x8’ shed; 50’ Rear yard required request to reduce to 13’ to construct 22’ above-ground pool with attached 4’x4’ deck. Sec.5.5 Request to construct 8’ fence. (Continued from 6/8/10 Regular Meeting) Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, Paul Kramarewicz, Santo Rizzuto and Raymond Dussault. Ms. Curtis entered into the record as Exhibit “A”, public notices of 05/26/10 & 06/04/10, as “B”, ZBA application/Grounds for Appeal; as “C” notice of 1 of 8 variance application; as “D”, Abutters Certification of Notice; as “E”, Parking Easement; as “F”, plot plan showing proposed area to be conveyed; as “G”, Assessor’s streetcard; as “H”, Certified mailing of agenda to applicant; as “I”, 3 photos; and as “J”, 3 letters of support. Speaking in favor was the applicant, Cheryl Raymond who stated to the Board that she is requesting an 8’ fence for privacy, noise reduction and to keep balls in her yard and a shed for pool equipment and storage. She told the Board her hardships were the location of the septic, the small size of the lot and the fact that there isn’t a bulkhead to the basement. The Board noted the fact that the zone in that area is more restrictive and the lots are small. There being no other speakers, the public hearing was closed. V#10-11 – Appeal of Jason Huntley for property located at 45 Rogers Avenue located in a Residential R-20 zoning district. In accordance with Sec.12.1 15’ Side Yard required, request to reduce to 0; 30’ Front Yard required, request to reduce to 3.5’; 30’ Rear Yard required, request to reduce to 18’; 20% Lot coverage required, request to increase to 28% to construct a 30’x26’ garage with 8’ deck and exterior staircase. Sec.3.1.4 (b) Principal Building to allow 2 principal buildings in an R-20. Sec.8.2 Permitted Use in a Residential R-20 zoning district to allow construction of an apartment above proposed garage. (Continued from 6/8/10 Regular Meeting) Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, Paul Kramarewicz, Santo Rizzuto and Raymond Dussault. Ms. Curtis entered into the record as Exhibit “A”, public notices of 05/26/10 & 06/04/10, as “B”, ZBA application/Grounds for Appeal; as “C” notice of variance application; as “D”, Abutters Certification of Notice; as “E”, Plot plan; as “F”, Assessor’s streetcard; as “G”, Certified mailing of agenda to applicant; as “H”, proposed floor plans; as “I”, Zoning area map; as “J”, Use Variance referral from ZBA to CCP; as “K”, Use Variance return referral from CCP to ZBA; as “L”, Certified mailing of agenda to applicant, as “M”; Notice of PH published in the NB on 7/2 and 7/9; as “N”, 1-5 subject property; and as “O”, 1-4 neighboring properties. Speaking in favor was the applicant and owner, Jason Huntley. He told the Board that in order to have reasonable use of the property he needs a garage and due to the undersized lot and the topography of the property this would be the only feasible area for the garage to be built. The property is one of only two on Rogers Avenue that is not currently a multi family. Mr. Benjamin read the unfavorable recommendation from the CCP. Mr. Huntley stated he would still like to build the two-car garage for storage of his vehicles and construction equipment. The Board informed the applicant that adding another unit to that area is excessive and is contrary to reasonable use of his property. After some discussion it was it Page 2 of 8  was determined to table the application pending a revised and modified plan without the apartment. On a motion by Kramarewicz/Rizzuto, it was unanimously voted to continue the public hearing until the regular meeting of August 10, 2010. H. NEW BUSINESS 1. V#10-13 – Appeal of Danette Delgado on behalf of Daniel Marshall, for property located at 9 Will Road located in a Residential R-20 zoning district. In accordance with Sec.12.1 30’ Easterly Front Yard required, request to reduce to 25’; 30’ Southerly Front Yard required, request to reduce to 4’; 15’ Side Yard request to reduce to 12’ to allow construction of 22’x50’ addition with porch. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, Paul Kramarewicz, Santo Rizzuto and Raymond Dussault. Ms. Curtis entered into the record as Exhibit “A”, public notices of 07/02/10 & 07/09/10, as “B”, ZBA application/Grounds for Appeal; as “C” notice of variance application; as “D”, Abutters Certification of Notice; as “E”, 20’ scale Plot plan; as “F”, Assessor’s streetcard; as “G”, Certified mailing of agenda to applicant; as “H”, UHD approval of proposed location; as “I”, Proposed floor plan; and as “J”, Site photographs Speaking in favor was Danette Delgado of 3 Sullivan Drive. The applicant stated the hardships as the two front yards, current septic location and there isn’t a full bath on the first floor. She stated to the Board that she prepared the site plan that would be least intrusive to the neighbors and had staked out the proposed area to be built so the abutting property owners could be aware of her proposal. Ms. Delgado told the Board she is trying to make a first floor living area out of the residence for her elderly father, Mr. Daniel Marshall and she will reside in the house as well, but the first floor living will give him privacy. The current porch is not accessible for Mr. Marshall and the proposed one will be more than adequate. Mr. Benjamin noted the fact that a ramp may be helpful and that the proposed porch is excessive. Also speaking in favor was Daniel Marshall, owner of 9 Will Road. He told the Board he has extensive medical problems and what his daughter is proposing would be nice. Page 3 of 8  Speaking in opposition was Joseph Winski of 9 Ash Road who is POA for his mother who lives at 5 Ash Road, which abuts Mr. Marshalls property. He stated that there could be different options than what is being proposed. He stated his mother presently sees 3 stories and the proposed addition would add another 2 stories thus blocking her sunlight and her view of the road. He stated that possibly the project could wait another year when city sewer is installed. There was a lengthy discussion regarding the proposed addition, sunlight and negative property values between the Board and Mr. Winski. He stated that the addition should go on the opposite side of the house that would not impede on his mothers property or the other neighbors property because it would be in their back yard. Ms. Delgado and Mr. Marshall rebutted and stated to the Board that the main reason the proposed addition is not going on the other side is due to the leaching fields located in that area. They also stated a full basement would not be installed only a crawl space so the floor elevation would match. The Board spoke briefly regarding the foundation and the porch size. There being no other speakers, the public hearing was closed. 2. V#10-14 – Appeal of Heather McGrath for property located at 19 Fleming Street located in a Residential R-20 zoning district. In accordance with Sec.12.1 30’ Front Yard required, request to reduce to 2’ to allow construction of 16’x32’ addition. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, Paul Kramarewicz, Santo Rizzuto and Raymond Dussault. Ms. Curtis entered into the record as Exhibit “A”, public notices of 07/2/10 & 07/09/10, as “B”, ZBA application/Grounds for Appeal; as “C” notice of variance application; as “D”, Abutters Certification of Notice; as “E”, 40’ Plot plan; as “F”, Proposed floor plan; as “G”, Existing floor plan; as “H”, Assessor’s streetcard; as “I”, Site photgraphs; as “J”, Certified mailing of agenda to applicant. Speaking in favor were the applicant’s Heather and Jesse McGrath. Mrs. McGrath told the Board they are expanding their family and want to add a 16’ x 32’ addition. They listed their hardships as ledge on property in the rear of the house and the location of their driveway. They showed a plan of the footprint of the existing and the proposed addition and noted they would not be changing the roofline. The Board briefly discussed the addition and the fact they will be expanding non-conformity. Speaking in opposition was William Longton of 20 Carver Avenue. He first stated he was not opposed but concerned with excavation and if any Page 4 of 8  blasting would impact his house. The Board explained that if blasting were to occur there would be a pre-blasting survey and it would be followed up by the Fire Marshall’s office. Mr. Longton was shown the plan. Also speaking in opposition was Jimmy McClean of 16 Carver Avenue who explained to the Board that prior blasting in the area had affected him. There being no other speakers, the public hearing was closed. I. DISCUSSION/DECISION ON APPLICATIONS V#10-10 – Appeal of Cheryl Raymond for property located at 74 Flyers Drive located in a Residential R-40 zoning district. In accordance with Sec.12.1 10% Lot coverage required, request to increase to 19% and 50’ Rear yard required request to reduce to 5’ to construct 8’x8’ shed; 50’ Rear yard required request to reduce to 13’ to construct 22’ above-ground pool with attached 4’x4’ deck. Sec.5.5 Request to construct 8’ fence. (Continued from 6/8/10 Regular Meeting) Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, Paul Kramarewicz, Santo Rizzuto and Raymond Dussault. The Board discussed the hardships as the location of the septic, size of lot and reasonable use of the property. On a motion by Travers and second by Kramarewicz it was unanimously voted to APPROVE the variance. V#10-10 – Appeal of Cheryl Raymond for property located at 74 Flyers Drive located in a Residential R-40 zoning district. In accordance with Sec.12.1 10% Lot coverage required, request to increase to 19% and 50’ Rear yard required request to reduce to 5’ to construct 8’x8’ shed; 50’ Rear yard required request to reduce to 13’ to construct 22’ above-ground pool with attached 4’x4’ deck. Sec.5.5 Request to construct 8’ fence. (Continued from 6/8/10 Regular Meeting) APPROVED V#10-11 – Appeal of Jason Huntley for property located at 45 Rogers Page 5 of 8 Avenue located in a Residential R-20 zoning district. In accordance with Sec.12.1 15’ Side Yard required, request to reduce to 0; 30’ Front Yard required, request to reduce to 3.5’; 30’ Rear Yard required, request to reduce to 18’; 20% Lot coverage required, request to increase to 28% to construct a 30’x26’ garage with 8’ deck and exterior staircase. Sec.3.1.4 (b) Principal Building to allow 2 principal buildings in an R-20. Sec.8.2 Permitted Use in a Residential R-20 zoning district to allow construction of an apartment above proposed garage. (Continued from 6/8/10 Regular Meeting) Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, Paul Kramarewicz, Santo Rizzuto and Raymond Dussault. The applicant requested the Public Hearing to be continued until the next regular scheduled meeting on August 10, 2010. On a motion by Kramarewicz and second by Rizzuto, it was unanimously voted to TABLE the variance application until the next regular scheduled meeting, August 10, 2010 V#10-11 – Appeal of Jason Huntley for property located at 45 Rogers Avenue located in a Residential R-20 zoning district. In accordance with Sec.12.1 15’ Side Yard required, request to reduce to 0; 30’ Front Yard required, request to reduce to 3.5’; 30’ Rear Yard required, request to reduce to 18’; 20% Lot coverage required, request to increase to 28% to construct a 30’x26’ garage with 8’ deck and exterior staircase. Sec.3.1.4 (b) Principal Building to allow 2 principal buildings in an R-20. Sec.8.2 Permitted Use in a Residential R-20 zoning district to allow construction of an apartment above proposed garage. (Continued from 6/8/10 Regular Meeting) CONTINUED V#10-13 – Appeal of Danette Delgado on behalf of Daniel Marshall, for property located at 9 Will Road located in a Residential R-20 zoning district. In accordance with Sec.12.1 30’ Easterly Front Yard required, request to reduce to 25’; 30’ Southerly Front Yard required, request to reduce to 4’; 15’ Side Yard request to reduce to 12’ to allow construction of 22’x50’ addition with porch. The Board discussed the hardship as the location of the septic and leaching field, two front yards and the fact there isn’t a full bath on the first floor. Mr. Dussault stated that the neighbor’s sight lines might be affected with the 4’ setback request. The Board spoke in length on how to make the application less objectionable to the abutting property owners and a reduction to the front porch. V#10-13 – Appeal of Danette Delgado on behalf of Daniel Marshall, for property located at 9 Will Road located in a Residential R-20 Page 6 of 8  zoning district. In accordance with Sec.12.1 30’ Easterly Front Yard required, request to reduce to 25’; 30’ Southerly Front Yard required, request to reduce to 4’; 15’ Side Yard request to reduce to 12’ to allow construction of 22’x50’ addition with porch. APPROVED WITH CONDITIONS. 22’ x 22’ and a 10’ x 28’ single story addition with an 8’ x 42’ covered porch to be measured from the South West corner of the existing garage. See notes referred to on Exhibit “E”. Any stairs to be built will be built recessed. V#10-14 – Appeal of Heather McGrath for property located at 19 Fleming Street located in a Residential R-20 zoning district. In accordance with Sec.12.1 30’ Front Yard required, request to reduce to 2’ to allow construction of 16’x32’ addition. The Board discussed the hardships as the location of the ledge, the existing property location, reasonable use of property and the fact that they will follow the current roof lines. On a motion by Dussault and second by Travers, it was unanimously voted to APPROVE the variance. V#10-14 – Appeal of Heather McGrath for property located at 19 Fleming Street located in a Residential R-20 zoning district. In accordance with Sec.12.1 30’ Front Yard required, request to reduce to 2’ to allow construction of 16’x32’ addition. APPROVED J. OTHER MATTERS-NONE K. ADJOURNMENT On a motion by Benjamin/Travers, it was unanimously voted to adjourn at 8:40 p.m. Respectfully submitted, Darlene Fedus-Papineau Recording Secretary Page 7 of 8 Page 8 of 8