Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS June 12, 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 Henry Olender Paul Kramarewicz Raymond Dussault - Alternate Peter Cuprak - Alternate ABSENT: Dorothy Travers & Joseph East -Alternate ALSO PRESENT: Tianne Phoenix Curtis, Zoning Enforcement Officer Jacquie Barbarossa, Recording Secretary E. COMMUNICATIONS: Ms. Curtis stated that two forms had been included in the members’ packets: Response to request for legal opinion from Attorney Michael Driscoll and notice of Cancellation for July meeting. Marc Benjamin asked the members if they had any questions. No action taken. F. ACCEPTANCE OF MINUTES Hank Olender stated that “Alternate” was incorrectly listed after his name on the May minutes. Motion by Dussault/Kramarewicz, it was voted unanimously to APPROVE the minutes of the May 8, 2012 regular meeting with stated correction. G. OLD BUSINESS: NONE H. NEW BUSINESS: 1. V#12-09 – Request of Elie A. Elkhoury for property located at 236 Salem Tpke in a Planned Commercial (PC) zoning district. In accordance with Sec.12.1; PC front yard setback 65’ required, request reduction to 56’ & Sec.12.1; PC side yard setback 50’ required, request reduction to 12’ for the construction of an 18’ x 21’ carport. Seated were, Marc Benjamin, Joseph Jacaruso, Paul Kramarewicz, Henry Olender & Raymond Dussault 1 of 4 Tianne Curtis entered into the record exhibits A-G. Elie Elkhoury, owner of the property stated he wanted to build a carport on his property since he had no garage. He stated it was ready made. Spiros Vitoudilitas Ledyard, CT presented on behalf of the applicant. Marc Benjamin stated that Mr. Elkhoury needed to explain his hardship. Mr. Elkhoury stated his property is in a commercial zoning district and he needs a place to store his tools and car and wants to put a prefabricated steel carport on his property. He stated that he had showed the building design to the Norwich Building Department and it meets the required wind and snow load. Mr. Elhoury also stated he would be removing a shed on his property since he would have no use for it once he got the carport. Mr. Dussault asked Ms. Curtis if there was a density issue and she stated there was not, it was Mr. Elkhoury decision to remove the shed. Ms. Curtis also stated that one letter of support had been received from a neighbor. There being no other speakers, the public hearing was closed. 2. V#12-10 – Request of George Sabrowski for property located at 32 Maplewood Ct in a Planned Commercial (PC) zoning district. In accordance with Sec.12.1; PC side yard setback 50’required, request reduction to 1’ for the construction of an 18’ x 12’ gazebo. Seated were, Marc Benjamin, Joseph Jacaruso, Henry Olendar, Peter Cuprak & Raymond Dussault. Tianne Curtis entered into the record exhibits A-J. She handed out copies of exhibits H-J that had not been included in member’s packets since she had received the day of the meeting. Ms. Curtis stated that Item “J” was a property survey that would affect the reduction request and a modification would be needed. George Sabrowski, owner of the property was present along with Bernard Donihee who spoke on his behalf. Mr. Donihee stated that they had bought a gazebo from a local shed building company who told him that since it was already built and delivered via truck, permits where not needed. He stated that the hardship was the property itself since a structure could barely fit in the required setbacks and that was where the septic system was located. He stated the neighbors do not have a problem since it’s not visible from their property and the other side is bordered by a graveyard. He also stated there is a state statute that requires a gravesite cannot be within 350 feet of a residential property line unless there is a street in between. Mr. Olender questioned the location. The applicant stated that grade would not allow it and then they would be in violation on the other side. He also stated that he had 2 letters of support from the neighbors. There was discussion regarding the existing shed. Mr. Sabrowski stated it was built in 1974 when the pool was put in and it had a permit. Page 2 of 4 Marc Benjamin stated that according to the survey the gazebo would be 3.7’ from the property line instead of 1’. He questioned how close the gazebo was to the pool and the applicant stated approximately 8 to 10 ft. and that it abutted the concrete patio. Ray Dussault stated that the shed was more out of conformity than the gazebo. There being no other speakers, the public hearing was closed. I. DISCUSSION/DECISION ON APPLICATIONS 1. V#12-09 – Request of Elie A. Elkhoury for property located at 236 Salem Tpke in a Planned Commercial (PC) zoning district. In accordance with Sec.12.1; PC front yard setback 65’ required, request reduction to 56’ & Sec.12.1; PC side yard setback 50’ required, request reduction to 12’ for the construction of an 18’ x 21’ carport. Seated were, Marc Benjamin, Joseph Jacaruso, Henry Olender, Paul Kramarewicz & Raymond Dussault Ray Dussault made a motion to grant the variance based on information presented, seconded by Paul Kramarewicz. Ray stated the request was for reasonable use of the property due to weather relief and that the structure could be removed since it was not on a foundation and that the applicant would be removing the shed. Marc Benjamin stated it was nonconforming since it was residential use in PC Zone. He stated that the zone change created a hardship. Marc Benjamin, Joseph Jacaruso, Henry Olender, Paul Kramarewicz & Raymond Dussault voted to approve the variance –UNANIMOUSLY APPROVED 2. V#12-10 – Request of George Sabrowski for property located at 32 Maplewood Ct in a Planned Commercial (PC) zoning district. In accordance with Sec.12.1; PC side yard setback 50’required, request reduction to 1’ for the construction of an 18’ x 12’ gazebo. Seated were, Marc Benjamin, Joseph Jacaruso, Henry Olender, Peter Cuprak & Raymond Dussault. Ray Dussault made a motion to grant the variance, seconded by Peter Cuprak. Marc questioned as to a modification of 3.7’ based on the survey provided. Ray stated the applicant was asking for less relief than originally proposed and the existing shed was more non-conforming than the gazebo. He stated it was a reasonable request due to the topography and location of the septic system. Mr. Dussault requested the variance be modified to reflect the survey presented to a 3.7’ setback. Page 3 of 4 Marc stated this property was also residential use in PC Zone. Marc Benjamin, Joseph Jacaruso, Henry Olender, Peter Cuprak & Raymond Dussault voted to approve the variance –UNANIMOUSLY APPROVED with MODIFICATION. OTHER MATTERS- K. ADJOURNMENT On a motion by Paul Kramarewicz, seconded by Joe Jacaruso it was unanimously voted to adjourn at 7:29 p.m. Respectfully submitted, Jacquie Barbarossa Recording Secretary Page 4 of 4