Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS November 12, 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 Henry Olender Dorothy Travers Peter Cuprak - Alternate Joe East – Alternate ABSENT: Paul Kramarewicz 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 Dorothy Travers and second by Peter Cuprak, it was voted unanimously to APPROVE the minutes of the October 8, 2013 regular meeting as amended. G. OLD BUSINESS: None H. NEW BUSINESS: 1. V#13-22 – Application of Adin Loewenstein for property located at 436 New London Tpke in a Residential R-20 zoning district. In accordance with Sec.3.9 Corner Visibility, to permit the maintenance of existing plantings greater than three (3’) within the restricted triangular area. Seated were Marc Benjamin, Joe Jacaruso, Henry Olender, Dorothy Travers and Peter Cuprak Tianne Curtis entered into the record Exhibits “A-I”. Adin Lowenstein, property owner, 436 New London Turnpike presented. Mr. Lowenstein stated the arborvitaes have been pre-existing in the current location for approximately 17 years, and there have been no prior complaints and/or sightline issues. Mr. Lowenstein explained that he would like to keep the arborvitaes because they provide privacy and a buffer to the traffic & noise from 1 of 4 New London Turnpike. Mr. Lowenstein submitted Exhibit “J” a petition stating the trees in question do not create a nuisance, signed by 15 neighbors in support of the variance. The Board asked if the applicant had photos of the intersection; Mr. Loewenstein replied he did not. Tianne Curtis offered a photo of the intersection of Ford & N. London Tpke looking north. The photo was referred to as Exhibit “K” as a temporary exhibit. Peter Cuprak asked how high Mr. Lowenstein’s retaining wall was. Mr. Lowenstein replied it was approximately 24” high; maybe 30” where the road dips. Marc Benjamin asked why the arborvitaes had suddenly become an issue, and if there had been any accidents at the location. Mr. Lowenstein stated he’s lived at 436 New London Tpke for almost 19 years and has had no prior issues with his arborvitaes. Marc Benjamin referred to Exhibit “H”; correspondence from Norwich Police Lt. Costa, Jr. stating there have been no accidents at the intersection of N. London Tpke & Ford Ave. as a result of poor sight line visibility, or from a vehicle exiting Ford Ave. at all. Mr. Lowenstein stated the complaint was first brought to his attention by the City Engineer Pat McLaughlin, DPW. Mr. Lowenstein had come to an agreement with Mr. McLaughlin to keep the shrubs trimmed. Mr. Lowenstein stated the arborvitaes have been at full maturity for about 10 years. Joe East questioned why C.G.S. Sec. 8-13(a) (3-year statute of limitations for zoning enforcement) didn’t apply to the arborvitaes as they had been there for 17 years. Tianne Curtis stated the statute applied only to a ‘building.’ Tianne Curtis explained the Sec.3.9 Mr. Loewenstein is requesting relief from, is the only zoning ordinance restricting the height of a planting. Chairman Benjamin opened the hearing to those wishing to speak in favor of the application. Dan Costick, property owner, 3 Ford Ave. spoke in favor of the variance. Mr. Costick doesn’t want the arborvitaes cut down because it provides privacy for Mr. Costick’s property as well as a noise reduction from New London Turnpike. Gerald Gendron, property owner, 444 New London Tpk. spoke in favor of the variance. He stated that once you can see past the retaining wall on Ford Ave. you have a clear view of New London Tpk. The trees don’t hinder the view. Mr. Gendron stated the trees provided a significant noise buffer, as he had taken down some pine trees on his property, and as a result now has road noise from N. London Tpke. Jim Thomas, property owner, 6 Ford Ave. spoke in favor of the variance. He stated the arborvitaes provide privacy as well as a noise buffer for his house which is diagonally across the street from Mr. Lowenstein. Mr. Thomas stated Page 2 of 4 there is a clear view of New London Tpk. and there is not a safety or vision hazard. Joe Jacaruso asked if the school busses use Ford Ave. Mr. Lowenstein stated yes the school busses and mail trucks use Ford Ave. and there have never been any issues. There being no other speakers, the public hearing was closed. I. DISCUSSION/DECISION ON APPLICATIONS 1. V#13-22 – Application of Adin Loewenstein for property located at 436 New London Tpke in a Residential R-20 zoning district. In accordance with Sec.3.9 Corner Visibility, to permit the maintenance of existing plantings greater than three (3’) within the restricted t triangular area. Seated were Marc Benjamin, Joe Jacaruso, Henry Olender, Dorothy Travers, and Peter Cuprak Motion was made by Dorothy Travers, second by Peter Cuprak, to approve V#13 -22 given the longevity of the trees; absence of prior complaints by residents,mail trucks, school buses; NPD correspondence; and testimony of neighbors. Ms. Travers stated the visibility at the base of Ford Ave. didn’t seem to be a problem. Peter Cuprak stated if he were required to cut the arborvitaes to 3’ you might as well take them down completely. Mr. Cuprak stated the arborvitaes have been there for 17 years without any problems. Henry Olender stated the arborvitaes create a safety issue, and the City has the ordinance for a reason. Mr. Olender stated there was no hardship as new trees could be planted, and that the Board would be setting precedence if they were to grant the variance. Joe Jacaruso stated there is some congestion at the intersection of Ford Ave. & N. London Tpke., but didn’t think the trees were a problem. Marc Benjamin stated the trees have been there for 17 years and have no prior complaints or associated problems. Chairman Benjamin stated he had not had the opportunity to drive the intersection himself and asked the Board members to do so as well. Chairman Benjamin asked if the Board would entertain a motion to table the decision to the December 10, 2013 regular meeting, pending the site visit. Motion was made by Dorothy Travers, second by Peter Cuprak, to TABLE the decision of V#13-22 until the December 10, 2013 regular meeting. Motion to TABLE carried 4-1 (Olender opposed.) J. OTHER MATTERS Page 3 of 4  Corporation Counsel legal opinion regarding voluntary designation of vote Tianne Curtis stated the correspondence from Corporation Counsel Atty. Michael Driscoll was in response to a request submitted at the prior October 8, 2013 regular meeting by the Board. The Board briefly discussed the correspondence. K. ADJOURNMENT Upon motion by Joe East, second by Dorothy Travers, it was unanimously voted to adjourn at 7:53 p.m. Respectfully submitted, Linda Lee Smith Recording Secretary Page 4 of 4