Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS August 14, 2012 Meeting Minutes The regular meeting of the City of Norwich Zoning Board of Appeals was called to order at 7:03 p.m. Roll call was taken and it was determined that a quorum was present. PRESENT: Marc Benjamin, Chairman Dorothy Travers Henry Olender Joe East - Alternate ABSENT: Joseph Jacaruso, Co-Chairman Paul Kramarewicz Raymond Dussault – Alternate Peter Cuprak - Alternate ALSO PRESENT: Tianne Phoenix Curtis, Zoning Enforcement Officer Linda Lee Smith, Recording Secretary Chairman Marc Benjamin stated on the record the manner in which the voting of the hearings was to take place this evening. As the quorum of members was four (4), applications heard must acquire a unanimous affirmative vote in order to pass and not simple majority. Chairman Benjamin then asked the Board if any members intended to recuse themselves from voting on an application this evening. Henry Olender stated that he needed to recuse himself from V#12-11 - 15 Shore Road. Joe East stated that he needed to recuse himself from V#12-13 - 9 Gardner Acres Road and V#12-14 - 74 Russell Road. Accordingly, V#12-11, V#12-13 and V#12-14 could not be heard this evening and were tabled to the September 11, 2012 regular meeting. E. COMMUNICATIONS: NONE F. ACCEPTANCE OF MINUTES: Upon motion by Dorothy Travers, second by Joe East, it was voted unanimously to APPROVE the minutes of the June 12, 2012 regular meeting. G. OLD BUSINESS: NONE 1 of 4 H. NEW BUSINESS: 1. V#12-11 – Request of Thomas St. George, Jr. for property located at 15 Shore Road in a Residential (R-20) zoning district. In accordance with Sec.12.1; R-20 front yard setback 30’ required, request reduction to 15’ for the construction of a 22’ x 14’ deck with 2’ x 3’ stair. Tabled to the September 11, 2012 regular meeting due to lack of quorum. Hearing was NOT opened. 2. V#12-12 – Request of Joao Andrews for property located at 40 Canterbury Turnpike in a Residential R-40 zoning district. In accordance with Sec.12.1; 10% maximum lot coverage request increase to 15%, 50’ front yard setback required, request reduction to 2’, 30’ northerly side yard setback, request reduction to 10.2’, 30’ southerly side yard required, request reduction to 19.2’ for the construction of a single family residence. Seated were Marc Benjamin, Henry Olender, Dorothy Travers, and Joe East Tianne Curtis entered into the record exhibits A-H. Property owner Joao Andrews, 86 Otrobando Avenue presented. Mr. Andrews explained to the Board his house had burned down in January 2012 and he is ready to rebuild. The destroyed home was nonconforming & included a small front porch. He would like to create a 4’extension of living area to the rear of the home, and to roof the front porch. The majority of the structural expansion is permitted by Sec.4.4 “Building Expansion” however it would result in an increase in lot coverage. The variances for reduction of front & side yard setbacks are required in order to expand beyond the entitled re-build footprint Sec.4.1.5 “Reconstruction.’ Mr. Andrews referred to Exhibit “G” showing the home’s design. The Board requested Ms. Curtis provide clarification of the requests. Ms. Curtis referred to Exhibit “F” to note the pre-existing location of the home, the proposed location of the home and the current building envelope. Ms. Curtis noted the proposed 8’ x 16’ deck conforms to current Zoning. The Board was satisfied with the explanation. Mr. Andrews noted the design is in character with the area and the abutting homes encroach 3’ further into the front setback then his. There being no other speakers, the Public Hearing was closed. 3. V#12-13 – Request of Glenn Jacobs for property located at 9 Gardner Acres Road in a Residential R-40 zoning district. In accordance with Sec.12.1; R- 40 side yard setback 30’ required, request reduction to 10’ for hot tub, 5’ for shed; and 2’ for pool. Tabled to the September 11, 2012 regular meeting due to lack of quorum. Hearing was NOT opened. Page 2 of 4  4. V#12-14 – Request of John Burgess for property located at 74 Russell Road in a Multi-Family (MF) zoning district. In accordance with Sec.12.1; MF side yard setback 10’ required, request reduction to 2’ for the construction of a 20’ x 20’ deck with 8’ x 20” stair. Tabled to the September 11, 2012 regular meeting due to lack of quorum. Hearing was NOT opened. E. DISCUSSION/DECISION ON APPLICATIONS 1. V#12-12 – Request of Joao Andrews for property located at 40 Canterbury Turnpike in a Residential R-40 zoning district. In accordance with Sec.12.1; 10% maximum lot coverage request increase to 15%, 50’ front yard setback required, request reduction to 2’, 30’ northerly side yard setback, request reduction to 10.2’, 30’ southerly side yard required, request reduction to 19.2’ for the construction of a single family residence. Seated were Marc Benjamin, Henry Olender, Dorothy Travers, and Joe East Motion was made by Dorothy Travers, second by Joe East to APPROVE the variance. Dorothy Travers stated the hardship of the destroyed home’s nonconformity. They lost the house in the fire and he is adding on and making an improvement. Today’s zoning results in a 27 x 30 bldg envelope only. Chairman Marc Benjamin noted the setback will still be +/- 3’ greater then existing homes and the owner is working within the footprint while meeting code requirements. The requests were reasonable. Motion carried unanimously. APPROVED J. OTHER MATTERS: Joe East asked for clarification on the discussion and decision on members recusing themselves. Corp. Counsel legal opinion had been distributed to members in the 06/12/12 packets relative to the matter. Marc Benjamin stated that when a Board member will be recusing themselves, they must: • State this on the record prior to the opening of the Public Hearing • Remove themselves from the room for the duration of the testimony and decision. When a Board member will not be voting on an application, they are entitled to take part fully in the public hearing discussion portion; however would not be permitted to partake in discussion once the hearing was closed. Chairman Marc Benjamin added when more than a full voting quorum was present, it will be determined before the public hearing who will be voting on each application. Page 3 of 4 K. ADJOURNMENT Upon motion by Dorothy Travers, second by Joe East it was unanimously voted to adjourn at 7:25 p.m. Respectfully submitted, Linda Lee Smith Recording Secretary Page 4 of 4