Zoning Board of Appeals

DRAFT CITY OF NORWICH ZONING BOARD OF APPEALS October 11, 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: None ALSO PRESENT: Tianne Phoenix Curtis, Zoning Enforcement Officer Jacquie Barbarossa, Recording Secretary E. COMMUNICATIONS Ms. Curtis passed out Plan of Conservation and Development questionnaires to all board members and asked them to complete per instructions on the form. F. ACCEPTANCE OF MINUTES On a motion by Jacaruso/Travers, it was voted unanimously to APPROVE the minutes of the September 13, 2011 and May 10, 2011 regular meetings. G. OLD BUSINESS 1. V#11-16 – Request of Randy Robinson for property located at 4 Barbers Road in a Residential R-80 zoning district. In accordance with Sec.12.1 R-80 60’Front yard required, request reduction to 52’; 40’ Side yard required, request reduction to 6’ for the construction of a 14’x15’ seasonal room and 14’x12’ deck. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz, Henry Olender and Raymond Dussault. Ms. Curtis explained that the hearing was not opened at last months meeting due to a faulty abutters notice. She read in Exhibits “A” – “I”. 1 of 4 Speaking in favor was the applicant, Randy Robinson Jr. He told the board he wanted to add a seasonal room with deck. He stated that there is a stonewall bordering his property to the right and a large wooded area separating his home from the neighbors. He has an existing 6-foot cement structure with steps that have been there since the home was built which are in disrepair. He stated his hardships were locations of the well and septic. He also said due to the original placement of the home and the location of the driveway and kitchen this location makes the most sense. Ms. Curtis passed out an aerial GIS map of the property and surrounding area with the location of the abutter’s homes to the board members. There being no other speakers, the public hearing was closed. H. NEW BUSINESS: None H. DISCUSSION/DECISION ON APPLICATIONS 1. V#11-15 – Request of Stephen Majeski for property located at 43 Canterbury Tpke in a Residential R-40 zoning district. In accordance with Sec.3.24.1 to permit the use of a shared driveway for residential use. (Public Hearing closed; Decision tabled from 09/13/2011 regular meeting.) Marc Benjamin recused himself on this application. He stated he had advised the members to review the minutes, tape and file. Seated were, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz, Henry and Raymond Dussault. There was discussion among the board members regarding who owned the property. Ms Curtis stated this property is still the original owner and that the neighboring property (45 Canterbury) was sold or in the process of being sold and that the shared driveway would have been written into schedule “A” at time of transfer. Ray Dussault stated that the original owners were the ones that had agreed to the shared driveway for development purposes and questioned who deemed that 2 separate driveways would not work on the property. Ms Curtis reiterated that the applicant had stated that staff had previously approved the shared driveway but since they were no longer employed by the City she was unable to verify any such plan. She also stated that the IWWCC approval had indicated a shared driveway but the final site plan did not. Ray asked what the applicant claimed as the hardship. Ms. Curtis stated the applicant stated it was the grade and redirection of runoff due to retaining walls. Page 2 of 4 Ray questioned whether this was a self-imposed hardship. Mr. Olender stated that the State of CT had created a drainage issue due to drainage from Harland Rd. and Wayne St. and this would solve the erosion problem on the street. There was discussion on whether the applicant could put a driveway in another location. Ms. Curtis stated the property is a lot of record and could meet current zoning requirements. Ray Dussault stated he would not support the application. There was discussion on whether more information should be requested. Mr. Dussault said it was constructed as a violation and more information would not change that. Ray Dussault asked Ms. Curtis if the applicant could come back with a new plan for the driveway if this variance was unfavorable. Ms. Curtis stated it would not need ZBA approval if it were not a shared driveway. Mr. Dussault made a motion to deny the proposal since it is a self-induced hardship. There was no second. Paul Kramarewicz made a motion to approve the variance, seconded by Dottie Travers. Joe Jacaruso and Dottie Travers voted for approval, Ray Dussault, Hank Olender and Paul Kramarewicz, opposed. DENIED (2-3). 2. V#11-17 – Request of David Kendall for property located at 330 Canterbury Tpke in a Residential R-40 zoning district. In accordance with Sec.12.1 R-40 50’ Front yard required, request reduction to 36’; 50’ Rear yard required, request reduction to 29’; 30’ southerly Side yard setback required, request reduction to 18’ for the construction of an18’x33’ pool and 25’x26’ deck. (Public Hearing closed; Decision tabled from 09/13/2011 regular meeting.) Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz, Henry Olender and Raymond Dussault. Ms. Curtis stated she had received exhibit “O”- statement from neighbor and exhibit “P” - 6 photos of the property and revised exhibit “N” – permit application modifying the pool size from 18’ x 33’ ft. to 18’ x 18’ ft. Marc Benjamin stated the decision was tabled due to an error on math calculation and apologized to the applicant. Paul Kramarewicz made a motion to approve the variance given the location of the septic system, with the reduced pool size of 18’ x 18’, seconded by Marc Page 3 of 4 Benjamin. Henry Olender amended the motion to include 48 to 50 feet of privacy fence or vegetation to be approved by staff. Unanimously APPROVED with amendment and condition. 3. V#11-16 – Request of Randy Robinson for property located at 4 Barbers Road in a Residential R-80 zoning district. In accordance with Sec.12.1 R-80 60’Front yard required, request reduction to 52’; 40’ Side yard required, request reduction to 6’ for the construction of a 14’x15’ seasonal room and 14’x12’ deck. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Henry Olender and Raymond Dussault. Ray Dussault made a motion to accept the variance due to the location of the septic system and the original placement of the house on the lot, seconded by Joe Jacaruso -unanimously APPROVED. J. OTHER MATTERS-NONE K. ADJOURNMENT On a motion by Paul Kramarewicz, seconded by Joe Jacaruso it was unanimously voted to adjourn at 8:10 p.m. Respectfully submitted, Jacquie Barbarossa Recording Secretary Page 4 of 4