Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS April 10, 2012 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 Joe East- Alternate Peter Cuprak-Alternate ABSENT: Raymond Dussault-Alternate ALSO PRESENT: Tianne Phoenix Curtis, Zoning Enforcement Officer Linda Lee Smith, Recording Secretary E. COMMUNICATIONS - None F. ACCEPTANCE OF MINUTES On a motion by Travers/Kramarewicz, it was voted unanimously to APPROVE the minutes of the March 13, 2012 regular meeting. G. OLD BUSINESS – None H. NEW BUSINESS 1. V#12-03 – Request of Brenda Sautter for property at 127 Newton Street located in a Residential R-20 zoning district. In accordance with Sec.12.1; 20,000 sq.ft. lot area required, request reduction to 10,080 sq.ft.; 100’ lot width required, request reduction to 90’ for the construction of a single family home. Tabled from 3/13/12 & 4/10/12 regular meetings. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz, Henry Olender, Joseph East (alt.), Peter Cuprak (alt.). Tianne Curtis stated that V#12-03 had to be tabled again. The status is they are still within the statutory timeframe to open the public hearing. The applicant’s attorney sent a memo requesting a portion of their entitled continuation 60 day to be heard at the May 8 regular meeting. The legal notice will need to be re-advertised because the public hearing hasn’t been opened yet. 1 of 6  Upon motion by Paul Kramarewicz second by Dorothy Travers, the Board voted unanimously to table V#12-03 to the 5/8/12 regular meeting. 2. V#12-04 – Request of Robert Kleeman Jr. for property at 401 North Main Street located in a General Commercial zoning district. In accordance with Sec.6.2.1 (b) to permit a motor vehicle dealer/repair license within 1,000’ of a lot of the same purpose; request reduction to 0’ to permit a second license on the property. Request to table to 5/08/12 regular meeting. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz, Henry Olender, Joseph East (alt.), Peter Cuprak (alt.). Tianne Curtis stated to the Board the application must be tabled to the 5/8/12 regular meeting due to faulty abutters’ notice. Upon motion by Dorothy Travers second by Paul Kramarewicz, the Board voted unanimously to table V#12-04 to the 5/8/12 regular meeting. 3. V#12-06 – Request of Norwich Public Utilities for property located at 16 South Golden Street in a General Commercial zoning district. In accordance with Sec.12.1; 20’ front yard required, request reduction to 3’; Sec.9.2.5; elimination of required 8’ landscaping buffer. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz, Henry Olender, Joseph East (alt.), Peter Cuprak (alt.). Ms. Curtis entered into the record Exhibits A” – F” Presenting on behalf of the applicant was Tom Cummings, CLA Engineers 317 Main St., Christopher LaRose, General Mgr. NPU, and Gary Schnip, Schnip Construction. Tom Cummings stated that this project is for the Dept. of Public Utilities building on South Golden St. The Board asked if the lot coverage would be an issue. Mr. Cummings responded that while there is currently a garage under construction at the site, the pre- existing antiquated garage will be removed. This proposal is to allow a 65’ extension of the existing facility. Mr. Cummings stated the addition is for the purpose of control and muster rooms, and associated facilities. NPU is being mandated to provide this secure facility by a National Electric Reliability Council (NERC) requirement amended after the events of 9/11, particularly for providing temporary power during hurricanes and storms. Mr. Page 2 of 6  Cummings stated the proposed addition will be secure with no windows, limited access, key swipe, and will be 2 stories in height, matching the existing building. Mr. Cummings noted the hardship included the existence of soils elsewhere on the site insufficient for development. The front yard setback of the GC zoning district requires 20’, however the pre-existing building sits at 3’. Mr. Cummings stated the proposed addition will encroach no further into the front yard setback of S. Golden St, as it will extend flush with the existing building. Mr. Cummins also noted that S. Golden St. terminates at the NPU property, creating no adverse impact to surrounding properties. Mr. Cummings then presented the appeal for relief from the required 8’ landscaped buffer requirement, as the setback available would be 3’, and a sidewalk is being proposed in said area. Mr. Cummings noted to the Board this project has been in the planning stages for approximately three years. CLA has been retained by a PA firm and part of their criteria is to keep the addition as far away as possible from the railroad tracks and public. Mr. Chris LaRose, NPU stated they had received no opposition from the surround neighborhood. Also the addition would be a benefit to visitors and those attending meetings as they would no longer need to walk through the building, and improved access to parking. Mr. Cummings summarized their hardships as lack of useable space and land, federal mandates and pre-existing encroachment. There being no other speakers, the public hearing was closed. 4. V#12-07 – Request of Randy Tiede for property located at 86 Merchants Avenue in a Residential R-20 zoning district. In accordance with Sec.12.1; 30’ front yard setback required, request reduction to 13’7”; 30’ rear yard setback required, request reduction to 14’6”; 15’ northerly side yard setback required, request reduction to 8.4’ and 15’ southerly side yard setback request reduction to 13.8’ for the construction of a 960 sq.ft. single family home with a 12’ x 16’ deck. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz, Henry Olender, Joseph East (alt.), Peter Cuprak (alt). Ms. Curtis entered into the record Exhibits “A – F” Additional pictures were entered into the record as Exhibit “G”. Speaking on behalf of the applicant, Steve Way, Seway Consulting, 1761 Glasgo Rd., Griswold, CT and property owner Randy Tiede, 86 Merchants Avenue, Taftville, CT. Page 3 of 6 Mr. Way stated the house had a fire in August 1986, but later stated the corrected date to read 2008. It had since been foreclosed on and purchased by Mr. Tiede. Mr. Way noted Sec.4.1.5. would only permit reconstruction of the home within 1 year of the event, and that this time period has since passed. Mr. Way stated that Mr. Tiede wishes to demolish the damaged house, and rebuild a home within the same footprint, with the addition of 24 sq.ft of living area and 12’ x 16’ deck. Mr. Tiede is not proposing to encroach within the frontyard setback than the destroyed home. Alt. Joe East asked Mr. Way if the rebuild included the installation of a new foundation. Mr. Way replied yes and that the new foundation will continue to follow the existing footprint. Mr. Way presented the proposed floorplan indicating the infill, deck and off street parking located under the rear deck. Mr. Way noted the rearyard variance request pertains to the deck and enclosed stairs leading back up grade. Mr. Way summarized Mr. Tiede’s hardships as the expired timeframe of Sec.4.1.5, pre-existing non-conforming lot size & setbacks and the significant ledge, water and drainage problems. Mr. Way noted for the record Mr. Tiede resides next to this property and likes the neighborhood. It will be on the tax rolls and it will be an improvement over what is presently there and it would enhance the area. There were no more wishing to speak in favor. Speaking in opposition was abutter Ron Pineau of 27 Shea’s Lane. Mr. Pineau stated he was concerned that excavation of ledge at Mr. Tiede’s property would impact his drilled well. Mr. Pineau wants to make sure that when the home is constructed, Mr. Tiede is sure of his property line(s). Chairman Marc Benjamin asked Mr. Pineau if his concerns were addressed, would he still be in opposition of the variance appeal. Mr. Pineau replied that he would be in favor if these items were addressed. Mr. Way responded that the map is a blowup of the City plot plan. He stated that Mr. Tiedie has had the property surveyed and there are pins on the corners. There will be little disturbance to the ledge during installation of the footings and frost protecting the foundation. Mr. Way stated there was no intention of disturbing the hill to the rear of the property. Chairman Marc Benjamin asked for clarification of the notes on the submitted plan that stated no field survey had been performed. Page 4 of 6  Mr. Way responded they will be drawing off of the City plot plan prior to pinning the corners for demolition and reconstruction through a L.S., and will be verifying this with the Zoning Officer. Joe East asked if the retaining wall was being removed. Mr. Way stated yes. There being no other speakers, the public hearing was closed. I. DISCUSSION/DECISION ON APPLICATION 1. V#12-03 Tabled to the 5/8/12 regular meeting 2. V#12-04 Tabled to the 5/8/12 regular meeting 3. V#12-06 – Request of Norwich Public Utilities for property located at 16 South Golden Street in a General Commercial zoning district. In accordance with Sec.12.1; 20’ front yard required, request reduction to 3’; Sec.9.2.5; elimination of required 8’ landscaping buffer. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz, and Henry Olender Motion was made by Paul Kramarewicz, second by Dorothy Travers to approve V#12-06 given the stated hardships of the existence of soils insufficient for development, federal mandates and pre-existing encroachment. Alt. Joe East noted as a non- voting member, it seems logical to continue to the same building line with the present building with no adverse impact to the community. Chairman Marc Benjamin noted the appearance will be comparable to the existing structure and is a positive resource to the City. Upon motion by Paul Kramarewicz, second by Dorothy Travers, the Board voted unanimously to APPROVE the application as presented. 4. V#12-07 – Request of Randy Tiede for property located at 86 Merchants Avenue in a Residential R-20 zoning district. In accordance with Sec.12.1; 30’ front yard setback required, request reduction to 13’7”; 30’ rear yard setback required, request reduction to 14’6”; 15’ northerly side yard setback required, request reduction to 8.4’ and 15’ southerly side yard setback request reduction to 13.8’ for the construction of a 960 sq.ft. single family home with a 12’ x 16’ deck. Page 5 of 6  Chairman Marc Benjamin requested Alt. Joe East vote in his place and Paul Kramarewicz requested Peter Cuprak to vote in his place. Seated were Joseph Jacaruso, Dorothy Travers, Henry Olender, Peter Cuprak, and Joe East Motion was made by Dorothy Travers, second by Joe East, to discuss and approve V#12-07. Joe East stated the rebuild should have minimal impact to the neighborhood and vast improvement to the property. Reconstruction may not require blasting of ledge to be completed. Henry Olender amended the motion to approve to include the condition an As-Built be submitted to the satisfaction of the ZEO. Peter Cuprak stated that it will add to the tax roles and be an improvement over what is presently there. Upon motion by Dorothy Travers, second by Joe East, the Board voted unanimously to APPROVE the application with the condition an As-Built of the rear property line be submitted to the ZEO prior to the issuance of the CZC. J. OTHER MATTERS 1. Election of Chairman and Vice Chairman Motion was made by Joe Jacaruso, second by Joe East, to nominate Marc Benjamin as Chairman. There were no other nominations. The Board voted unanimously to elect Marc Benjamin as Chairman. Motion was made by Paul Kramarewicz to nominate Henry Olender as Vice-chairman. Dorothy Travers nominated Joe Jacaruso as Vice-chairman. The Board voted 1-4 (Henry Olender 1 – Joe Jacaruso 4). Motion carried for election of Joe Jacaruso as Vice- Chair. K. ADJOURNMENT Motion was made by Joe Jacaruso, second by Joe East, to adjourn 7:44 p.m. Respectfully submitted, Recording Secretary Linda Lee Smith Page 6 of 6