Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS August 13, 2013 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, Dorothy Travers Henry Olender Joe East – Alternate Peter Cuprak - Alternate ABSENT: Paul Kramarewicz & Raymond Dussault-Alternate ALSO PRESENT: Tianne Phoenix Curtis, Zoning Enforcement Officer Jacquie Barbarossa, Recording Secretary E. COMMUNICATIONS - NONE F. ACCEPTANCE OF MINUTES Mr. Benjamin stated there was a typographical error on page 7 – should be sight lines not sitelines. On a motion by Peter Cuprak and second by Marc Benjamin, it was voted unanimously to APPROVE the minutes of the June 11, 2013 with corrections as stated. G. OLD BUSINESS: NONE H. NEW BUSINESS: 1. V#13-13 – Application of Alan Ringsted for property located at 49 Clearview Dr in a Residential (R40) zoning district. In accordance with Sec.12.1 30’ side yard required, request reduction to 15’ for the construction of a 12’ x 54’ covered deck. Seated were Marc Benjamin, Joe Jacaruso, Dorothy Travers, Henry Olender, & Peter Cuprak. Tianne Curtis entered into the record exhibits “A-G”. Alan Ringsted, the applicant stated his hardship was due to a zone change after the house was constructed changing the side yard setbacks from 15 ft to 30 ft. 1 of 6 He stated he wanted a covered deck for more storage and it was more aesthetically appealing to go the length of the house versus extending towards the back since the ground drops off in the rear of the property. Joe East stated the house was already nonconforming to a zone change. Marc Benjamin asked the height of the deck from the ground. The applicant stated it would be between 7 and 8 ft since there is a walkout basement. There being no other speakers, the public hearing was closed. 2. V#13-14 – Application of PJ Acquisitions, LLC for property located at 27 Mulberry St in a Multi-Family (MF) zoning district. In accordance with Sec. 12.1 25’ front yard required, request reduction to 4’6” for the construction of a 10’ x 10’6” front porch and associated stair. Ms. Curtis stated the application need to be tabled to the September 10, 2013 agenda due to faulty abutter notices. HEARING TABLED 3. V#13-15 – Application of Scott McKenzie for property located at 219 Hunters Rd in a Residential (R40) zoning district. In accordance with Sec. 12.1 50’ northerly front yard required, request reduction to 30’; 50’ rear yard required, request reduction to 30’ for the construction of a 12’ x 30’ deck and associated stair for a total building envelope of 20’ x 30’. Seated were Marc Benjamin, Joe Jacaruso, Dorothy Travers, Henry Olender, & Joe East. Tianne Curtis entered into the record exhibits “A-G”. Scott McKenzie, the applicant stated his hardship was due to the fact that he had 2 front yards. He stated the required setbacks would not allow for construction for reasonable size deck. Marc Benjamin reviewed the plot plan showing the corner lot. He stated if one of the front yards was considered a side yard he would meet one of the required setbacks. Hank Olender questioned the height and length of the stairs. The applicant stated he allowed 8 ft. for their construction and would probably need only 5-7 stairs and that he allowed extra so he wouldn’t have to come back for another variance. There being no other speakers, the public hearing was closed. 4. V#13-16 – Application of Matthew Quigley for property located at 148 Hansen Rd in a Residential (R80) zoning district. In accordance with Sec. 12.1 40’southerly side yard required, request reduction to 0 for construction Page 2 of 6 of 20’ x 30’ deck; 40’ northerly side yard required, request reduction to 20’ for 28’above ground pool; 40’northerly side yard required, request reduction to 35’ for construction of a 10’ x 12’ shed. Seated were Marc Benjamin, Joe Jacaruso, Dorothy Travers, Henry Olender, & Peter Cuprak. Tianne Curtis entered into the record exhibits “A-K”. The applicant, Matthew Quigley stated he had constructed a deck that was 80% complete not realizing he needed a permit. He stated he tore down a rotted deck that he replaced in the same footprint and extended the deck to the rear and across the back of the house. He stated that the original 10 x 16 deck was there when he purchased the house. He stopped construction when he found out a permit was required and then was told he also needed a variance. He stated he had constructed it in the only feasible spot due to the location of his chimney, utilities, and well. Mr. Quigley stated he had received letters of support from both his neighbors and that the neighbor at 144 Hansen Rd. where the deck was replaced did not infringe on their property. Marc Benjamin questioned the location of the stairs. The applicant stated that the stairs were 13 feet from the property line. There was discussion among the committee members as to why there was a 13 ft. discrepancy between the city’s map and the applicant’s handout regarding the property line. Marc Benjamin asked how the applicant determined where the property line was. Mr. Quigley stated he had found a marker on the opposite side boundary and in the rear. He used a measuring wheel and rolled 125 ft. to the side in question. Mr. Benjamin asked the applicant if the other dimensions were correct in the variance due to the property line discrepancy and the applicant stated yes. Marc asked the applicant if the shed could be moved over 5 feet and the applicant said yes. Mr. Benjamin questioned the location of the pool and the applicant stated the placement was due to the location of the septic system. Marc Benjamin questioned how often the City’s maps were incorrect since he was concerned about the “0” ft setback. Page 3 of 6 Tianne Curtis stated that if the applicant infringed on the neighbors property it would be a civil matter. She stated the only way to determine the actual property line is to have it professionally surveyed. Mr. Benjamin stated that a “0” ft. setback does not allow for any maintenance. Joe East stated if the stairs were removed from the side deck it would be less of an encroachment. Ms. Curtis stated that the City’s GIS mapping system did not include stairs on the original deck. The applicant stated there were no stairs on the existing deck and that the stairs on his pictures were temporary and could be removed. He stated he built the deck exactly where it was and squared it off to the back of the house which is nonconforming as is, and the neighbors had no objections. There being no other speakers, the public hearing was closed. 5. V#13-17 – Application of Douglas Patenaude for property located at 10- 12 South B St in a Multi-Family (MF) zoning district. In accordance with Sec. 8.3 permitted use to allow conversion to customer service/office; Sec. 4.3 Changes: to permit conversion of nonconforming use to another non- conforming use. - hearing must be kept open to receive CCP referral Seated were Marc Benjamin, Joe Jacaruso, Dorothy Travers, Henry Olender, & Joe East. Tianne Curtis entered into the record exhibits “A-H”. Ferdinand Giacinto of 20 Boutin Rd., Old Lyme spoke on behalf of the applicant stating he was his R/E agent. Mr. Giacinto stated the property was under contract and that the purchaser would like to convert the property to customer service which would reduce the existing nonconformity use to one that is less objective. Tim Chabot of 32 North Third Ave., Taftville, the purchaser stated he would like to run his electrical contracting business out of the location which he would use as a meeting place for his employees, office space and warehouse storage in addition to the existing apartments. He would not live there. Marc Benjamin asked if the property had been marketed as an auto body repair shop. Mr. Giacinto stated yes but there were no offers and that Mr. Chabot’s proposed business was more neighborhood friendly. Page 4 of 6 There being no other speakers, Joe East made a motion to continue the public hearing for use advisory opinion from CCP. Seconded by Peter Cuprak – unanimous - HEARING CONTINUED I. DISCUSSION/DECISION ON APPLICATIONS 1. V#13-13 – Application of Alan Ringsted for property located at 49 Clearview Dr in a Residential (R40) zoning district. In accordance with Sec.12.1 30’ side yard required, request reduction to 15’ for the construction of a 12’ x 54’ covered deck. Seated were Marc Benjamin, Joe Jacaruso, Dorothy Travers, Henry Olender, & Peter Cuprak. Marc Benjamin made a motion to approve V#13-13 based on the existing home’s 15 ft. side yard and the sloping terrain, it would not extend the nonconformity. Seconded by Dorothy Travers - unanimously APPROVED. 2. V#13-14 – Application of PJ Acquisitions, LLC for property located at 27 Mulberry St in a Multi-Family (MF) zoning district. In accordance with Sec. 12.1 25’ front yard required, request reduction to 4’6” for the construction of a 10’ x 10’6” front porch and associated stair. HEARING TABLED 3. V#13-15 – Application of Scott McKenzie for property located at 219 Hunters Rd in a Residential (R40) zoning district. In accordance with Sec. 12.1 50’ northerly front yard required, request reduction to 30’; 50’ rear yard required, request reduction to 30’ for the construction of a 12’ x 30’ deck and associated stair for a total building envelope of 20’ x 30’. Seated were Marc Benjamin, Joe Jacaruso, Dorothy Travers, Henry Olender, & Joe East. Dorothy Travers made a motion to approve V#13-15 based on the existing homes placement and having 2 front yards. Marc Benjamin seconded stating that the 30 ft. request is a reasonable distance to the adjacent properties and being a corner lot there were no other options - unanimously APPROVED. 4. V#13-16 – Application of Matthew Quigley for property located at 148 Hansen Rd in a Residential (R80) zoning district. In accordance with Sec. 12.1 40’southerly side yard required, request reduction to 0 for construction of 20’ x 30’ deck; 40’ northerly side yard required, request reduction to 20’ for 28’above ground pool; 40’northerly side yard required, request reduction to 35’ for construction of a 10’ x 12’ shed. Seated were Marc Benjamin, Joe Jacaruso, Dorothy Travers, Henry Olender, & Peter Cuprak. Page 5 of 6 Dorothy Travers made a motion to approve V#13-16, second by Henry Olender stating each request should be discussed one at a time. Mr. Olender stated the committee should use the City’s GIS map for the property line. Dorothy Travers made a motion to approve the deck stating the temporary stairs must be removed to meet the 0 ft side yard. Marc Benjamin stated the property should have been surveyed and requested an “as-built”. Henry Olender seconded the motion and requested an “as-built” for the deck to verify the property line - unanimously APPROVED WITH CONDITIONS. Dorothy Travers made a motion to grant the pool variance due to the location of the septic system, second by Henry Olender – unanimously APPROVED. Marc Benjamin made a motion to grant the shed variance stating there was no true hardship and he would not support it. Second by Henry Olender – unanimously -DENIED. Henry Olender stated for the record that the applicant must get the required permits before proceeding. 5. V#13-17 – Application of Douglas Patenaude for property located at 10-12 South B St in a Multi-Family (MF) zoning district. In accordance with Sec. 8.3 permitted use to allow conversion to customer service/office; Sec. 4.3 Changes: to permit conversion of nonconforming use to another non-conforming use. - hearing must be kept open to receive CCP referral - CONTINUED J. OTHER MATTERS-NONE K. ADJOURNMENT On a motion by Peter Cuprak, seconded by Joe East it was unanimously voted to adjourn at 8:30 p.m. Respectfully submitted, Jacquie Barbarossa Recording Secretary Page 6 of 6