Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS October 12, 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 Henry Olender Santo Rizzuto-Alternate ABSENT: Raymond Dussault-Alternate 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 September 14, 2010 regular meeting as corrected. G. OLD BUSINESS 1. 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, Dorothy Travers, Henry Olender, Paul Kramarewicz 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”, assessor’s street card; as “F”, Photographs of property and existing conditions; as “G”, use variance referral to CCP; as “H”, Certified mailing of agenda to applicant; as “I”, Return referral from CCP to ZBA; as “J”, Notice of PH published in the NB on 9/3/10 & 9/10/10; as “K”, Certified mailing of 9/14/10 agenda to applicant; and as “L”; Certified mailing of 10/12/10. Speaking in favor was Paul Inguanti of 5 Hemlock Road, Groton, CT. This application was continued from last month in order to give the applicant 1 of 5  more time to present his appeal. Mr. Inguanti told the Board he would like to convert the residential property to commercial/residential considering that the surrounding properties are mostly professional offices. Ms. Curtis stated to the Board that at the initial meeting with the applicant, he wanted to put a commercial/professional business in the existing house. At this time he stated he is unsure of what he would like to use the property for but would like to eventually develop it as an income property. The Board informed Mr. Inguanti that his reasons were too vague and there wasn’t any hardship. Upon further questions by the Board, it was determined that the house has been illegally converted to a three family. After lengthy discussion on the proposed use the Board advised the applicant they could not vote on what the best proposal for him as he had asked them to do and he should have a better proposal than what he had presented. There being no other speakers, the public hearing was closed. 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’; 30’ Rear Yard required, request to reduce to 13’ to construct 14’x19’ deck. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, Paul Kramarewicz 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” Abutters Certification of Notice; as “D”, Assessor’s street card; as “E”, Rendering of proposed deck; as “F”, GIS print of proposed deck; as “G”, Certified mailing of agenda to applicant; as “H”, Packet submitted by Attorney Jewell; as “I”, Modified Abutters Certification of Notice; as “J”, Modified Notice of Variance Application; as “K”, Certified mailing of 10/12/10 agenda to applicant and owner; and as “L”, Notice of PH published in the NB on 10/1/10 and 10/8/10. Speaking in favor of the application was Attorney Michael Jewell, 257 Main Street, Suite 510, Norwich, CT. Attorney Jewell stated to the Board that the hardships associated with this application relate to the uniqueness of the property, the pre-existing non-conforming location of the home, and his opinion that his clients do not have reasonable use of their property. Atty. Jewell stated that, although the applicants own 2/3 of the abutting properties, they do not wish to combine the three lots at this time. The deck will be open and will be even with the side of the house that is non- conforming. There being no other speakers, the public hearing was closed. H. NEW BUSINESS Page 2 of 5  1. V#10-25 – Appeal of Carol Blatchford for property located at 89 Flyers Drive in a Residential R-40 zoning district. In accordance with Sec.8.1 Permitted Use in an R-40 to allow (continued) construction of second living unit in walkout basement. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, Paul Kramarewicz and Santo Rizzuto Ms. Curtis entered into the record as Exhibit “A”, public notices of 10/01/10 & 10/08/10, as “B”, ZBA Application/Grounds for Appeal; as “C” Abutters Certification of Notice; as “D”, Assessor’s street card; as “E”, Notice of Variance Application; as “F”, Rendering of proposed floor plan; as “G”, Notice of unsafe condition issued 8/19/10; as “H”, 2nd Notice of unsafe condition issued 9/30/10; as “I”, Photos of property sheets 1-12; as “J”, Certified mailing of agenda to applicant; as “K”, Use Variance referral from ZBA to CCP dated 8/27/10; and as “L”, Use Variance return referral from CCP dated 9/22/10. Speaking in favor of the application was Carol Blatchford, 39 Saltrock Road, Baltic, CT. Ms. Blatchford told the Board she would like to make a apartment in the basement for her daughter to live in so she could take care of her grandmother who occupies the rest of the house. The Board was informed that a City of Norwich Assistant Building Inspector had discovered the second unit already under construction. Ms. Blatchford informed the Board that there has been a bedroom, bath and laundry room in the basement for some time and she figured she would add a kitchen. The Board discussed the fact that the applicant didn’t get permits for any work performed and didn’t respond to any cease and desist orders from the building department. The applicant was informed that a bath and a common kitchen would be permitted as long as there was a common area and it wasn’t a separate unit. Speaking in favor of the applicant was Holly Blatchford of 89 Flyers Drive. She told the Board that she would like to live in the apartment and help take care of her grandmother. Speaking in opposition was Theodore Kumiega of 91 Flyers Drive. Mr. Kumiega stated his property is 7’ from 89 Flyers Drive and is opposed to the addition of a second unit in the area. He stated that the lots and houses in the area are all small. There being no other speakers, the public hearing was closed. I. DISCUSSION/DECISION ON APPLICATIONS 1. 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 Page 3 of 5  from residential too commercial - DENIED Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender and Paul Kramarewicz, Santo Rizzuto recused himself. The Board discussed the lack of information and definite plans provided by the applicant, as well as the burden of proof to establish a hardship. The Board advised Mr. Inguanti to reexamine his objective for the property before re-applying, and recommended including a site plan inclusive of the entire 9 acres. On a motion by Kramarewicz and second by Jacaruso, it was unanimously voted to DENY the variance application. 2. 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’; 30’ Rear Yard required, request to reduce to 13’ to construct 14’x19’ deck - APPROVED Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, Paul Kramarewicz and Santo Rizzuto The Board stated the hardships as a small lot, the owner not having reasonable use of his property and there wasn’t any opposition from his one abutting neighbor. On a motion by Travers and second by Kramarewicz it was unanimously voted to APPROVE the variance. 3. V#10-25 – Appeal of Carol Blatchford for property located at 89 Flyers Drive in a Residential R-40 zoning district. In accordance with Sec.8.1 Permitted Use in an R-40 to allow (continued) construction of second living unit in walkout basement - DENIED Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz and Santo Rizzuto. Henry Olender recused himself. The Board discussed the fact that there isn’t a hardship relative to this application and there are other alternatives the applicant can utilize the property without adding another living unit. On a motion by Rizzuto and second by Kramarewicz, it was unanimously voted to DENY variance application. J. OTHER MATTERS Ms. Curtis asked for input from the Board regarding the 2011 meeting schedule. Ms. Curtis informed the Board the regular scheduled meeting would normally be on November 8th, 2010 but since that date is Election Page 4 of 5  Day it would be postponed until November 15th. The conference room will be used that evening by CCP. On a motion by Benjamin and second by Kramarewicz, it was unanimously voted to accept the dates as presented and the Board will relocate on November 15th, 2011 if necessary. K. ADJOURNMENT On a motion by Kramarewicz/Rizzuto, it was unanimously voted to adjourn at 8:17p.m. Respectfully submitted, Darlene Fedus-Papineau Recording Secretary Page 5 of 5