Zoning Board of Appeals

DRAFT CITY OF NORWICH ZONING BOARD OF APPEALS September 14, 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 Henry Olender Santo Rizzuto-Alternate ABSENT: Dorothy Travers Paul Kramarewicz Raymond Dussault-Alternate ALSO PRESENT: Tianne Phoenix Curtis, Zoning Enforcement Officer Darlene Fedus-Papineau, Recording Secretary E. COMMUNICATIONS Chairman Benjamin addressed all those present. He explained that, as only four members were present this evening, four affirmative votes are required for a variance to be approved. Mr. Benjamin stated that the applicants have the option to be heard this evening knowing that all four members would need to vote in the affirmative, or to be heard at the next regularly scheduled meeting in hopes that there will be five voting members present. All applicants present wished to continue. F. ACCEPTANCE OF MINUTES On a motion by Rizzuto/Jacaruso, it was voted unanimously to APPROVE the minutes of the July 13, 2010 regular meeting. G. OLD BUSINESS 1. 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 20% lot coverage required, request to increase to 28%; 30’ front yard required, request to reduce to 10’; 30’ rear yard required, request to reduce to 22’, in order to construct a 30’ x 26’ garage with connecting mudroom. Seated were, Marc Benjamin, Joseph Jacaruso, Henry Olender and Santo Rizzuto 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 1 of 9  plan; as “F”, Assessor’s street card; 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; as “O”, 1-4 neighboring properties; as “P”, modified plan of proposed garage; and as “Q” , certified mailing of agenda to applicant. Upon motion by Santo Rizzuto and second by Marc Benjamin, the Board voted unanimously to suspend the rules to take agenda items out of order to conduct and close the public hearing and immediately move to the decision portion. Speaking in favor of the appeal was Bernard Huntley of 45 Rogers Avenue. Mr. Huntley stated he would present the advised appeal addressing the Boards comments of the July 13, 2010 meeting. Mr. Huntley stated the modifications were as follows:  Withdrawal of appeal of Sec.8.2 Permitted Use;  Withdrawal of appeal of Sec.3.1.4 (b) for two principal buildings;  Modification of Sec.12.1 setback requests. Mr. Huntley stated the two-story garage would consist of storage area on the top floor, interior stairwell and mudroom connecting the proposed garage to the existing residence. Chairman Benjamin opened the floor to those wishing to speak in favor/opposition of the appeal. There were none. The Board cautioned the applicant not to allow the area to be illegally converted. Mr. Huntley stated his understanding. As there were no further questions from the Board, the public hearing was declared closed. Seated were, Marc Benjamin, Joseph Jacaruso, Henry Olender and Santo Rizzuto The Board stated the hardships as the topography of the property, the small lot and the non-conforming location of the house. On a motion by Santo Rizzuto and second by Joseph Jacaruso, it was unanimously voted to APPROVE the application as revised. H. NEW BUSINESS 1. V#10-12 – Appeal of Frank Begin on behalf of James Kudej for property located at 81 Merchants Avenue in a Residential R-20 zoning district. In accordance with Sec.12.1 30’Rear Yard required, request to reduce to 16.5’; 15’ Side yard required, request to reduce to 14’ to construct a 16.5’x20’ carport. Seated were, Marc Benjamin, Joseph Jacaruso, Henry Olender and Santo Rizzuto. Page 2 of 9  Ms. Curtis entered into the record as Exhibit “A”, public notices of 07/30/10 & 08/06/10, 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 street card; as “G”, drawing of proposed carport; as “H”, Certified mailing of agenda to applicant; as “I”, Photographs 1-12 of existing conditions; as “J”, Notice of PH published in the NB on 9/3/10 & 9/10/10; and as “K”, Certified mailing of agenda to applicant. Speaking in favor was Frank Begin of 35 River Street, Baltic, CT. Mr. Begin told the Board he would like to build a 16.5 x 20 carport for the property owner to park his boat and novelty car in. The current garage is for one car and is already being utilized. The hardship is the corner lot and the fact that this is the only location feasible. The carport will be roofed and sided and constructed against the existing garage extending 16’ to meet the roofline of the garage. There being no other speakers, the public hearing was closed. 2. V#10-16 – Appeal of Paul Inguanti for property located at 124 Wawecus Street in a Residential R-80 zoning district. In accordance with Sec.8.1 Permitted Use in an R-80 request to allow conversion from residential too commercial. Seated were, Marc Benjamin, Joseph Jacaruso, Henry Olender and Santo Rizzuto. Since there was no one present to speak in favor of this application, on a motion by Marc Benjamin, and second by Joseph Jacaruso, it was unanimously voted to TABLE the application until the end of the meeting. 3. V#10-17 – Appeal of Laura Huren for property located at 9 Tyler Avenue in a Residential R-20 zoning district. In accordance with Sec.12.1 30’ Northerly Front Yard required, request to reduce to 10’; 30’ Rear Yard required, request to reduce to 15’; 20% Lot Coverage required, request to increase to 29% to construct a 14’x24’ deck and 20’x26’ garage. Seated were, Marc Benjamin, Joseph Jacaruso, Henry Olender and Santo Rizzuto. Ms. Curtis entered into the record as Exhibit “A”, public notices of 07/30/10 & 08/06/10, as “B”, ZBA application/Grounds for Appeal; as “C” notice of variance application; as “D”, Abutters Certification of Notice; as “E”, Assessors street card; as “F”, Applicant’s rendering of propose deck & garage; as “G”, 10’ scale drawing of proposed deck/garage; as “H”, Certified mailing of agenda to applicant; as “I”, Notice of PH published in the NB on 9/3/10 & 9/10/10; as “J”, Certified mailing of agenda to applicant; and as “K”, photos. Page 3 of 9  Speaking in favor of the application was Laura Huren, of 9 Tyler Avenue. Ms. Huren told the Board she would like to build a deck and 1 ½ story, two -car garage in the lower area of the property. This would allow the applicant additional parking and storage. She stated her hardships as the corner lot, the existing house is non-conforming and it would give the applicant reasonable use of off- street parking. She also told the Board there is an existing curb cut, which is in line with the proposed garage entrance. The deck would be within the footprint of the house. There being no other speakers, the public hearing was closed. 4. V#10-19 – Appeal of Edmund Skinger for property located at 347 Scotland Road in a Residential R-80 zoning district. In accordance with Sec.12.1 40’ Side Yard required, request to reduce to 29’ to construct a 14’x16’10” deck. Seated were, Marc Benjamin, Joseph Jacaruso, Henry Olender and Santo Rizzuto. Ms. Curtis entered into the record as Exhibit “A”, public notices of 09/03/10 & 09/10/10, as “B”, ZBA application/Grounds for Appeal; as “C” notice of variance application; as “D”, Abutters Certification of Notice; as “E”, Assessors street card; as “F”, Uncas Health comments; as “G”, First floor plan; as “H”, 20’ scale rendering; as “I”, Certified mailing of agenda to applicant; and as “J”, Letters of favor, 1-3 from abutters. Speaking in favor was Edmund Skinger, of 347 Scotland Road. He stated the hardships as the location of the well and septic. Ms. Curtis informed the Board that the home is pre-existing, non-conforming to the current R- 80 zone. There being no other speakers, the public hearing was closed. 5. V#10-20 – Appeal of Norwich Public Utilities for property located at 10 Roosevelt Avenue in a Residential R-20 zoning district. In accordance with Sec.12.1 30’ Front Yard required, request to reduce to 3’ to construct a natural gas regulator station. Seated were, Marc Benjamin, Joseph Jacaruso, Henry Olender and Santo Rizzuto. Ms. Curtis entered into the record as Exhibit “A”, public notices of 09/03/10 & 09/10/10, as “B”, ZBA Application/Grounds for Appeal; as “C” Narrative; as “D”, Notice of Variance Application; as “E”, Abutters Certification of Notice; as “F”, Regulator Station Site Plan; as “G”, Certified mailing of agenda to applicant; as “H”, IWWCC permit granted 9/2/10; as “I”, Site Plan dated; and as “J”, Photos. Speaking in favor was the applicant Jeffrey Dewey, Norwich Public Utilities Engineer. Mr. Dewey informed the Board that the shape and topography of the site create a hardship. He also stated that for security Page 4 of 9  reasons the location would be more accessible during emergencies and storms. There are gas lines presently located at the site. There being no other speakers, the public hearing was closed. 6. V#10-21 – Appeal of Richard Rios for property located at 100 Fifth Street in a Multifamily MF zoning district. In accordance with Sec. 12.1 25’Front Yard required, request to reduce to 6’ to keep constructed 5’x15’ porch/stairs. Seated were, Marc Benjamin, Joseph Jacaruso, Henry Olender and Santo Rizzuto. Ms. Curtis entered into the record as Exhibit “A”, public notices of 09/03/10 & 09/10/10, 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”, 20’ scale rendering; as “G”, Photographs 1- 5; and as “H”, Certified mailing of agenda to applicant. Speaking in favor of the application was Richard Rios, 100 Fifth Street. Mr. Rios told the Board that he intended to repair the previous porch, which was old and small and ended up replacing it with a 5’ x 15’ porch with stairs. The hardships stated were the two front yards and the pre- existing non-conforming location of the residence. Also speaking in favor was Ryan Vanlew of 98 Fifth Street. He told the Board that he is the abutting neighbor and is not impacted by the porch. He stated that it is an improvement to the neighborhood and has no objections. There being no other speakers, the public hearing was closed. 7. V#10-22 – Appeal of Atty. Jewell on behalf of Theodore Cormier for property located at 492 Laurel Hill Avenue in a Residential R-20 zoning district. In accordance with Sec.12.1 15’ Side Yard setback required, request to reduce to 12’ to construct 14’x19’ deck. Seated were, Marc Benjamin, Joseph Jacaruso, Henry Olender and Santo Rizzuto. Ms. Curtis informed the Board that the legal notice was faulty and a continuation of the appeal was required. Ms. Curtis additionally noted to the applicant that a revised abutter’s notice would be necessary. On a motion by Benjamin/Rizzuto, it was unanimously voted to CONTINUE the public hearing until the October 12, 2010 regular meeting to re-advertise properly and give the abutters new notice. 8. V#10-23 – Appeal of Treat’s Pools on behalf of Robert Aldi for property located at 231 Scotland Road in a Residential R-40 zoning Page 5 of 9  district. In accordance with Sec.12.1 50’ Rear Yard required, request to reduce to 15’; 30’ Side Yard required, request to reduce to 6’ to construct a 14’x30’ in ground pool. Seated were, Marc Benjamin, Joseph Jacaruso, Henry Olender and Santo Rizzuto. Ms. Curtis entered into the record as Exhibit “A”, public notices of 09/03/10 & 09/10/10, 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”, 20’ scale rendering; as “G”, GIS print; as “H”, Photographs 1-4 of proposed pool & staked area; and as “I”, UHD- comments received 9/14/2010. Speaking in favor of the of the applicant was Steve Hay of Treat’s Pool’s, 22 Avery Road, Uncasville, CT. He informed the board that due to the location of the well and septic and the non-conforming lot, this is the only place for the pool to be installed. Also speaking in favor was Stacy Gould of Treat’s Pool’s who took the pictures of the proposed area. There being no other speakers, the public hearing was closed. 9. V#10-24 – Appeal of F. William Brown on behalf of Laurel Realty for property located at 238 West Town Street in a General Commercial GC zoning district. In accordance with Sec. 16.9.3 10’ clearance above finished grade and bottom of display surface required, request to reduce to 4’ to construct directory signage for plaza. Seated were, Marc Benjamin, Joseph Jacaruso, Henry Olender and Santo Rizzuto. Ms. Curtis entered into the record as Exhibit “A”, public notices of 09/03/10 & 09/10/10, 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”, Color rendering of proposed directory; as “G”, Location of proposed directory; and as “H”, Certified mailing of agenda to applicant. Speaking in favor was F. William Brown, of 238 West Town Street. Mr. Brown told the Board that the property had a sign that was taken down years ago and never replaced. Due to the numerous tenants it is necessary to have the signage. The signage would not create a site line issue or affect visibility or traffic flow. The sign will be lighted with lights protruding from the ground. There being no other speakers, the public hearing was closed. I. DISCUSSION/DECISION ON APPLICATIONS 1. V#10-12 – Appeal of Frank Begin on behalf of James Kudej for property located at 81 Merchants Avenue in a Residential R-20 Page 6 of 9  zoning district. In accordance with Sec.12.1 30’Rear Yard required, request to reduce to 16.5’; 15’ Side yard required, request to reduce to 14’ to construct a 16.5’x20’ carport. Seated were, Marc Benjamin, Joseph Jacaruso, Henry Olender and Santo Rizzuto. The Board discussed the hardships as the corner lot with two front yards and the applicant having reasonable use of property. On a motion by Benjamin and second by Rizzuto it was unanimously voted to APPROVE the variance. 2. V#10-16 – Appeal of Paul Inguanti for property located at 124 Wawecus Street in a Residential R-80 zoning district. In accordance with Sec.8.1 Permitted Use in an R-80 request to allow conversion from residential too commercial. Seated were, Marc Benjamin, Joseph Jacaruso, Henry Olender and Santo Rizzuto. As the applicant or a representative was not present, and upon motion by Benjamin and second by Rizzuto, it was unanimously voted to TABLE the variance application until the next regular scheduled meeting, October 12, 2010. 3. V#10-17 – Appeal of Laura Huren for property located at 9 Tyler Avenue in a Residential R-20 zoning district. In accordance with Sec.12.1 30’ Northerly Front Yard required, request to reduce to 10’; 30’ Rear Yard required, request to reduce to 15’; 20% Lot Coverage required, request to increase to 29% to construct a 14’x24’ deck and 20’x26’ garage. Seated were, Marc Benjamin, Joseph Jacaruso, Henry Olender and Santo Rizzuto. The Board discussed the hardships as the corner lot with two front yards, the owner having reasonable use of her property, the difficult topography, and the property is pre-existing non conforming. On a motion by Rizzuto and second by Benjamin it was unanimously voted to APPROVE the variance. 4. V#10-19 – Appeal of Edmund Skinger for property located at 347 Scotland Road in a Residential R-80 zoning district. In accordance with Sec.12.1 40’ Side Yard required, request to reduce to 29’ to construct a 14’x16’10” deck. Seated were, Marc Benjamin, Joseph Jacaruso, Henry Olender and Santo Rizzuto. Page 7 of 9  The Board discussed the hardships as the location of the septic and well, the pre-existing, non-conforming property, strict R-80 requirements and the applicant having reasonable use of the property. On a motion by Rizzuto and second by Benjamin, it was unanimously voted to APPROVE the variance. 5. V#10-20 – Appeal of Norwich Public Utilities for property located at 10 Roosevelt Avenue in a Residential R-20 zoning district. In accordance with Sec.12.1 30’ Front Yard required, request to reduce to 3’ to construct a natural gas regulator station. Seated were, Marc Benjamin, Joseph Jacaruso, Henry Olender and Santo Rizzuto. The Board discussed the hardships as the topography of the land, the location is the best place for safety reasons and it is necessary for the City to have a station for natural gas related utilities. On a motion by Jacaruso and second by Benjamin, it was unanimously voted to APPROVE the variance. 6. V#10-21 – Appeal of Richard Rios for property located at 100 Fifth Street in a Multifamily MF zoning district. In accordance with Sec. 12.1 25’Front Yard required, request to reduce to 6’ to keep constructed 5’x15’ porch/stairs. Seated were, Marc Benjamin, Joseph Jacaruso, Henry Olender and Santo Rizzuto. The Board discussed the hardship as the pre-existing, non-conforming property, the applicant is improving the property and it was a safety issue. On a motion by Rizzuto and second by Jacaruso, it was unanimously voted to APPROVE the variance. 7. V#10-22 – Appeal of Atty. Jewell on behalf of Theodore Cormier for property located at 492 Laurel Hill Avenue in a Residential R-20 zoning district. In accordance with Sec.12.1 15’ Side Yard setback required, request to reduce to 12’ to construct 14’x19’ deck. Seated were, Marc Benjamin, Joseph Jacaruso, Henry Olender and Santo Rizzuto. On a motion by Benjamin/Rizzuto, it was unanimously voted to CONTINUE the public hearing until the October 12, 2010 regular meeting to re-advertise properly and give the abutters new notice. 8. V#10-23 – Appeal of Treat’s Pools on behalf of Robert Aldi for property located at 231 Scotland Road in a Residential R-40 zoning district. In accordance with Sec.12.1 50’ Rear Yard required, request Page 8 of 9  to reduce to 15’; 30’ Side Yard required, request to reduce to 6’ to construct a 14’x30’ in ground pool. Seated were, Marc Benjamin, Joseph Jacaruso, Henry Olender and Santo Rizzuto. The Board discussed the hardships as the pre-existing, non-conforming lot, the small lot, the location of the well and the applicant having reasonable use of the property. On a motion by Rizzuto and second by Olender, it was unanimously voted to APPROVE the variance. 9. V#10-24 – Appeal of F. William Brown on behalf of Laurel Realty for property located at 238 West Town Street in a General Commercial GC zoning district. In accordance with Sec. 16.9.3 10’ clearance above finished grade and bottom of display surface required, request to reduce to 4’ to construct directory signage for plaza. Seated were, Marc Benjamin, Joseph Jacaruso, Henry Olender and Santo Rizzuto. The Board discussed the hardships as the fact there isn’t any existing directory signage and it wouldn’t be a safety concern or a site line issue. On a motion by Jacaruso and second by Rizzuto, it was unanimously voted to APPROVE the variance. J. OTHER MATTERS None K. ADJOURNMENT On a motion by Benjamin/Jacaruso, it was unanimously voted to adjourn at 9:07p.m. Respectfully submitted, Darlene Fedus-Papineau Recording Secretary Page 9 of 9