Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS October 9, 2012 Meeting Minutes The regular meeting of the City of Norwich Zoning Board of Appeals was called to order at 7:00 p.m. by Chairman Marc Benjamin. Roll call was taken and it was determined that a quorum was present. PRESENT: Marc Benjamin, Chairman Joseph Jacaruso, Co-Chairman Henry Olender Dorothy Travers Paul Kramarewicz Raymond Dussault – Alternate Peter Cuprak – Alternate ABSENT: Joe East - Alternate ALSO PRESENT: Tianne Phoenix Curtis, Zoning Enforcement Officer Linda Lee Smith, Recording Secretary Chairman Marc Benjamin read communication from Joe East stating he wasn’t attending tonight’s meeting as he had recused himself and was ineligible to vote. E. COMMUNICATIONS: NONE F. ACCEPTANCE OF MINUTES: Upon motion by Raymond Dussault, second by Joe Jacaruso, it was voted unanimously to APPROVE the minutes of the September 11, 2012 regular meeting. G. OLD BUSINESS: 1. V#12-14 – Request of John Burgess for property located at 74 Russell Rd 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 – Public Hearing has been closed H. NEW BUSINESS: NONE 1 of 3 I. DISCUSSION/DECISION ON APPLICATIONS 1. 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. The Public Hearing was conducted & closed at the 9/11/12 regular meeting. Seated were Co-Chairman Joseph Jacaruso, Ray Dussault, Henry Olender, and Peter Cuprak. Marc Benjamin stated the Board will be re-opening to continue deliberation. Marc Benjamin noted the applicant had agreed to be heard by four (4) members; these will be the members eligible to speak at discussion. Raymond Dussault stated he was not in support last month and that he hasn’t changed his mind. He stated he spent 30-45 minutes reviewing the setbacks at the site, and while the Board makes every effort to support these types of variances where applicants claim negligence of zoning regulations, he would not be supporting this change. Henry Olender recognized Ray Dussault had made his decision; therefore there may be no further discussion. Ray Dussault said it needs to be brought into compliance under review of Zoning. As a neutral party, Marc Benjamin recommended an official motion be made; discussion on whether there is a hardship; and motion for action. Henry Olender made the motion to accept V#12-14. Henry Olender stated the house is non-conforming, but would be able meet the side yard setback; the deck is a couple of inches back off of the non-conforming garage. Henry Olender noted that, while its unfortunate permits were not pulled prior to the deck being built, in the past the Board has granted similar variances. Ray Dussault noted that, in the past the committee had bent over backwards approving these types of variances; however in this the hardship had not been demonstrated and was over and above what the committee should be approving. Peter Cuprak stated he didn’t see what we gain personally by creating another hardship for the person. It was done without a permit; but who does it hurt. Raymond Dussault replied there were notable objections on the record. Peter Cuprak replied these were objections that were irrelevant to the project itself. Peter Cuprak seconded Henry Olender’s motion to approve V#12-14. Motion was made by Henry Olender, second by Peter Cuprak, to approve V#12- 14. Motion defeated 2-2 (Joe Jacaruso & Ray Dussault opposed.) Page 2 of 3 J. OTHER MATTERS: Chairman Marc Benjamin discussed the memo regarding attendance. He reiterated the importance that everyone tries to attend the meetings as applicants and the City have time and money invested. The memo was simply a reminder and not directed personally to any member. K. ADJOURNMENT Upon motion by Raymond Dussault, second by Joseph Jacaruso it was voted unanimously to adjourn at 7:11 p.m. Respectfully submitted, Linda Lee Smith Recording Secretary Page 3 of 3