Zoning Board of Appeals

DRAFT CITY OF NORWICH ZONING BOARD OF APPEALS June 14, 2011 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 Raymond Dussault-Alternate ABSENT: Santo Rizzuto-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/Travers, it was voted unanimously to APPROVE the minutes of the April 12, 2011 regular meeting. G. OLD BUSINESS V#11-01 – Appeal of F. William Brown, LLC for property located at 591 Laurel Hill Road in a Residential R-20 zoning district. In accordance with Sec.12.1 (Proposed Lot 1) 100’ lot width reduction to 63’; Sec.12.1 15’ southerly side-yard setback reduction to 5’; Sec.12.1 30’ rear-yard setback reduction to 29’ 10”; Sec.12.1 20,000sf lot area reduction to 7,500sf; (Proposed Lot 2) Sec.12.1 100’ lot width reduction to 75’; Sec.12.1 40,000sf reduction to 36,200sf; Sec.3.23.4 25’ minimum frontage/width of drive reduction to 20’ for division of property. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, Paul Kramarewicz and Raymond Dussault. 1 of 8  Ms. Curtis informed the board the public hearing had not been opened up prior to this meeting at the applicant’s request to table. Ms. Curtis entered into the record as Exhibit “A”, public notices of 3/31/11 & 04/07/11, as “B”, ZBA application; as “C” Narrative/Grounds for Appeal; as “D”, Notice of application; as “E”, Certification of Notice to Abutters; as “F”, Assessors card; as “G”, Survey; as “H”, Notice of opposition received 3/28/11; as “I”, Certified mailing of agenda to applicant; as “J”, Notice of opposition received 4/7/11; as “K”, Request for tabling application; as “L”, Notice of opposition received 4/11/11; as “M”, Notice of PH published in the NB 4/28/11 & 5/5/11; as “N”, Certified mailing of agenda to applicant; and as “O”, request to table 6/14/11 meeting. Speaking in favor was the property owner Scott Capano, 591 Laurel Hill Avenue. Mr. Capano told the Board he purchased the single-family lot with 2 houses on it in July 2010 and would like to split the lot The previous owners built the second house in 2004 prior to a text amendment, March 5, 2007, which permitted 2 principle structures on one lot in a single family residential zone provided they meet the setbacks and building requirements. The Board reviewed the letters of opposition. Speaking in opposition was Carol Ruszenas of 587 Laurel Hill Road. She stated there is no hardship and the property owner has reasonable use of his land, splitting the property will devalue the area and views have been obstructed with the addition of the second house. Also speaking in opposition was Margaret McComiskey of 597 Laurel Hill Road. She also stated the same as above. Also speaking in opposition was Craig Amborn of 587 Laurel Hill Road who stated the applicant has no hardship and if the variance were granted it would devalue the properties. Also speaking in opposition was Mary Villa of 601 Laurel Hill Avenue. She also stated that by State Statute there isn’t a hardship and briefly spoke to the Board. Mr. Capano rebutted briefly to the Board and stated that his hardship is that the City permitted the previous owners to build the second house and now they wont allow the parcels to be split. There being no other speakers, the public hearing was closed. H. NEW BUSINESS Page 2 of 8 V#11-06 – Appeal of Cristina Parraga for property located at 37 Happy Street in a Multifamily (MF) zoning district. In accordance with Sec.12.1 10’ side yard required-request reduction to 3’; 25’ rear yard required-request reduction to 5’ for the construction of a 13’x14’ exterior stairs with landing. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz and Raymond Dussault. Mr. Olender recused himself. Ms. Curtis entered into the record as Exhibit “A”, public notices of 6/02/11 & 06/09/11, as “B”, ZBA application; as “C” Notice of application; as “D”, Certification of Notice to Abutters; as “E”, Assessor’s card; as “F”, Aerial; as “G”, GIS print; as “H”, Applicant rendering; as “I”, Deck layout; and as “J”, Exhibit of 3 photos by Applicant; Speaking in favor was Roger Parraga of 37 Happy Street. Mr. Parraga presented pictures to the Board (entered as Exhibilt J). He stated that he removed the previous landing and stairs because they were damaged and dangerous. He told the Board that his Insurance Company sent him a letter regarding the safety issue and insurance is required. Mr. Dussault noted that he landing and stairs were pre-existing/non-conforming. The Board discussed the hardship as safety and the current pre-existing non- conforming property. Also speaking in favor was Henry Olender of 41 Happy Street. He stated that the owner would like to rebuild in the same footprint for the safety of his family and house. There being no other speakers, the public hearing was closed. V#11-07 – Appeal of Scott Davis for property located at 456 West Main Street in a General Commercial (GC) zoning district. In accordance with Sec.15.1.16 Conversion of 640 sf from customer service to school requiring an additional 22 parking spaces– request reduction to 19 spaces currently provided. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, Paul Kramarewicz and Raymond Dussault. Ms. Curtis entered into the record as Exhibit “A”, public notices of 6/02/11 & 06/09/11, as “B”, ZBA application; as “C” Notice of application; as “D”, Certification of Notice to Abutters; as “E”, Assessor’s card; as “F”, Narrative; and as “G”, Survey of property. Page 3 of 8 Speaking in favor was the applicant Scott Davis of 456 West Main Street. He told the Board that the 640sf of space was previously occupied by a Hairdresser and met the parking requirements. The requirements for a school are stricter and so the variance application is necessary. Upstairs there is a no longer a karate school; there is an architecture firm. Since the karate school left there is more parking available. He stated that the school will be for teaching new drivers only and most of the teaching is roadwork, which is to pickup the students at their school for lessons and most of the class work is on Saturday for 4 hours. Some of the classes are after school or at night during the week and those are 2-hour classes. These students don’t drive and are dropped off and picked up after class. Ms. Curtis explained to the Board how she came to the calculation of 22 spaces and how the regulations are strict for school parking. She also stated that the use at the time of the site plan wasn’t considered. Mr. Dussault stated that the hardship is change of use. Mr. Davis told the Board there would be one car for the students to use. There being no other speakers, the public hearing was closed. V#11-08 – Appeal of Jay Feldman for property located at 8 Reynolds Road in a Multifamily (MF) zoning district. In accordance with Sec.12.110’ side yard required – request reduction to 1’ for the construction of a 14’x7’3” extension to deck and stairs. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, Paul Kramarewicz and Raymond Dussault. Ms. Curtis entered into the record as Exhibit “A”, public notices of 6/02/11 & 06/09/11, as “B”, ZBA application; as “C” Notice of application; as “D”, Certification of Notice to Abutters; as “E”, Assessor’s card; as “F”, Narrative; as “G”, Survey of property; and as “H”, Photos of existing conditions (6 pages). Speaking in favor was the applicant Jay Feldman of P.O. Box 363, East Lyme, CT and owner of 8 Reynolds Street. He told the Board that he lot is L shaped and fronts on both Reynolds Street and Boswell Avenue. (Formerly 6 Boswell). Pictures of the property were shown to the Board for review. He then stated that the section of Boswell the property fronts on doesn’t allow parking on that side of the street. Off street parking is provided on Reynolds Street. There is no access from Boswell Avenue to the property; access to the property is from Reynolds Street. He told the Board he is proposing to extend the front porch/deck out to the existing retaining wall, which is the reason for the one-foot to the property line. He stated safety issues as a hardship. The Board had many questions relative to why the stairs needed to be placed on the Reynolds St side, fire/emergency access/egress from Boswell Avenue, traffic and building Page 4 of 8  scenarios. Mr. Feldman informed the Board that he has been working with Joe East and he has determined that this is the safest and most feasible way to construct the extension of the deck and stairs. Discussion ensued by the members regarding other places on the property they felt it could be placed. Mr. Feldman rebutted with the fact that if he had to build the stairwell facing Boswell Avenue it will be narrower and tenants would need to walk from the rear of the house to the front and due to the configuration of the house it presents a much higher chance of someone slipping during winter months due to ice and snow. It would also increase the time it would take for someone to exit the building during a fire or emergency. Mr. Feldman stated he is trying to do things safe and proper. There being no other speakers, the public hearing was closed. V#11-09 – Appeal of Craig Ballard for property located at 3-5 McKay Street in a Multifamily (MF) zoning district. In accordance with Sec.12.1 25’ front yard required – request reduction to 19’ in order to keep constructed 10’8” staircase. Seated were, Joseph Jacaruso, Dorothy Travers, Henry Olender, Paul Kramarewicz and Raymond Dussault. Mark Benjamin recused himself. Ms. Curtis entered into the record as Exhibit “A”, public notices of 6/02/11 & 06/09/11, as “B”, ZBA application; as “C” Notice of application; as “D”, Certification of Notice to Abutters; as “E”, Assessor’s card; as “F”, Photos of existing conditions (2); as “G”, Rendering of structure; and as “H”, 20’ scale survey. Speaking in favor was Craig Ballard of 95 Hunters Road. Mr. Ballard stated that because of the grade of the property and the configuration of the driveway it was not feasible to make the sidewalk come down for access to the house. The safest way was to incorporate a stairway with handrails from the driveway to connect to the upper sidewalk. He stated he wasn’t aware there were setbacks for items not attached to the house. The Board noted the fact that Mr. Ballard didn’t obtain the proper permits. Ms. Curtis informed the Board that it is the poured concrete set facing McKay Street shown in the picture provided to them are the ones not permitted. There was more discussion by the Board relative to safety and the grade of the property. There being no other speakers, the public hearing was closed. I. DISCUSSION/DECISION ON APPLICATIONS V#11-01 – Appeal of F. William Brown, LLC for property located at 591 Laurel Hill Road in a Residential R-20 zoning district. In accordance with Sec.12.1 (Proposed Lot 1) 100’ lot Page 5 of 8 width reduction to 63’; Sec.12.1 15’ southerly side-yard setback reduction to 5’; Sec.12.1 30’ rear-yard setback reduction to 29’ 10”; Sec.12.1 20,000sf lot area reduction to 7,500sf; (Proposed Lot 2) Sec.12.1 100’ lot width reduction to 75’; Sec.12.1 40,000sf reduction to 36,200sf; Sec.3.23.4 25’ minimum frontage/width of drive reduction to 20’ for division of property. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, Paul Kramarewicz and Raymond Dussault. The Board discussed at length the absence of a true hardship by State Statute. The Board also took into consideration the testimony of the speakers present. A motion was made by Hank Olender, second by Dorothy Travers to approve the application. The motion failed 3-2 and therefore was DENIED. V#11-06 – Appeal of Cristina Parraga for property located at 37 Happy Street in a Multifamily (MF) zoning district. In accordance with Sec.12.1 10’ side yard required-request reduction to 3’; 25’ rear yard required-request reduction to 5’ for the construction of a 13’x14’ exterior stairs with landing. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz and Raymond Dussault. Henry Olender recused himself. The Board noted the hardships as safety for means of egress and the fact that it would be built in the same footprint. They also noted that it was required for the owners home insurance. On motion by Dussault and second by Travers, it was unanimously voted to APPROVE the variance. V#11-07 – Appeal of Scott Davis for property located at 456 West Main Street in a General Commercial (GC) zoning district. In accordance with Sec.15.1.16 Conversion of 640 sf from customer service to school requiring an additional 22 parking spaces– request reduction to 19 spaces currently provided. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, Paul Kramarewicz and Raymond Dussault. After much discussion, the Board noted the stricter parking requirements for a school and the lot is not large enough to create more parking. It was also noted that the applicant should have reasonable use of the property. Page 6 of 8  On motion by Travers and second by Kramarewicz, it was unanimously voted to APPROVE the variance. V#11-08 – Appeal of Jay Feldman for property located at 8 Reynolds Road in a Multifamily (MF) zoning district. In accordance with Sec.12.110’ side yard required – request reduction to 1’ for the construction of a 14’x7’3” extension to deck and stairs. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender, Paul Kramarewicz and Raymond Dussault. The Board discussed other options they felt that the applicant could have done. There was much discussion as to the size of the deck blocking emergency access for the address of 69 Boswell Avenue. The Board determined that the hardship was the slope of the property, egress and safety and that Building Official Joe East determined it was the most reasonable way to construct it. Ms. Curtis reminded the Board that she would require an as built. On motion by Kramarewicz and second by Travers, it was unanimously voted to APPROVE the variance with a condition that an as built be completed before a CO can be issued. V#11-09 – Appeal of Craig Ballard for property located at 3-5 McKay Street in a Multifamily (MF) zoning district. In accordance with Sec.12.1 25’ front yard required – request reduction to 19’ in order to keep constructed 10’8” staircase. Seated were, Joseph Jacaruso, Dorothy Travers, Henry Olender, Paul Kramarewicz and Raymond Dussault. Mark Benjamin recused himself. The Board noted that the hardship is the terrain and the liability to gain egress into the property. Ms. Travers noted that the applicant had already installed railings. On motion by Travers and second by Dussault, it was voted (4-1) (Kramarewicz oppose) to APPROVE the variance. J. OTHER MATTERS-NONE K. ADJOURNMENT On a motion by Benjamin/Kramarewicz, it was unanimously voted to adjourn at 9:00 p.m. Page 7 of 8 Respectfully submitted, Darlene Fedus-Papineau Recording Secretary Page 8 of 8