Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS August 12, 2014 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-chair Dorothy Travers Henry Olender Joe East – Alternate Peter Cuprak - Alternate ABSENT: Raymond Dussault ALSO PRESENT: Tianne Phoenix Curtis, Zoning Enforcement Officer Linda Lee Smith, Recording Secretary E. COMMUNICATIONS Marc Benjamin determined the Board would informally discuss the communications after the hearing adjourned. F. ACCEPTANCE OF MINUTES Upon motion by Joe Jacaruso, seconded by Dorothy Travers it was voted unanimously to APPROVE the minutes of the June 10, 2014 regular meeting. G. OLD BUSINESS: None H. NEW BUSINESS: 1. V#14-03 – Application of Pamela Novak, Executor for the Estate of Hervey Laliberte for property located at 506 & 510 Plain Hill Road in R-80 and R- 40 zoning districts. In accordance with Sec. 3.24.1; request to utilize an existing shared driveway to access residences on an abutting parcel, in association with a proposed lot line adjustment. Seated were Marc Benjamin, Joe Jacaruso, Henry Olender, Dorothy Travers, and Peter Cuprak. Tianne Curtis entered into the record Exhibits “A-G” Greg Glaude, licensed land surveyor with Killingly Engineering Associates, 114 Westcott Road, Dayville, CT presented on behalf of the applicant. Mr. Glaude submitted a reduced plan, entered into the record as Exhibit “H.” 1 of 4 Mr. Glaude referred to Exhibit “G”; the property survey and showed the existing & proposed property lines. He stated parcel A is an undeveloped lot & parcel B consists of an existing single family home located within the City of Norwich, as well as 2 multifamily apartments located in the Town of Franklin. The multifamily homes are accessed via a pre-existing non-conforming shared driveway. Mr. Glaude stated the property owner is proposing a lot line adjustment separating the single family home from apartments in the rear. In order to comply with today’s zoning ordinances, which do not permit the use of shared drives; the owner is seeking a variance from Sec.3.24.1. Mr. Glaude stated the shared drive & associated homes were compliant at the time they were developed (1970s), & that the lot line adjustment will meet or exceed all other bulk requirements outlined in Sec.12.1. He noted that no new drives will be constructed & that an easement would be granted. Dorothy Travers asked if the possession of the right-of-way would remain with the home in the front. Mr. Glaude stated the proposed adjusted property line would separate the front home from the apartment homes to the rear. Marc Benjamin asked if there was anything preventing the installation of a new driveway. Mr. Glaude stated the topography of the land as well as multiple wetlands would not allow for driveway access. Henry Olender asked if the existing shared driveway would provide access to abutting parcels & if they too would need an easement. Mr. Glaude stated they would but they are currently seeking use of the shared drive for the lot reconfiguration only. Henry Olender noted it would be difficult to enforce easement use & maintenance. Marc Benjamin asked if the rest of the property would be able to be developed. Greg Glaude stated it would be very difficult with the wetland soils and wasn't sure if setback requirements could be met. Tianne Curtis stated she was not familiar with the town of Franklin’s zoning ordinances; however the portion of the property located in Norwich was split zoned R-80 & R-40 & would need further variances to meet requirements set forth in Sec.12.1. Marc Benjamin asked Mr. Glaude if he thought Franklin zoning would permit further development of the parcel with the apartments. Mr. Glaude stated he wasn't familiar enough with Franklin’s zoning regulations to say for sure; however, he imagined there would be lot width/frontage requirements. Joe East asked if the wetland areas had been delineated; Mr. Glaude responded they hadn’t as they weren't seeking a wetlands permit for any new proposed developments. Henry Olender asked Mr. Glaude what it would mean if the Board was to deny the variance. Mr. Glaude stated the owners would not be able to keep the single family home & the pre-existing non-conforming drive would continue to be used Page 2 of 4 in the manner it is today. Chairman Benjamin opened the floor to those wishing to speak. Speaking in opposition was: Kathleen Ayer of 131 Plain Hill Road. Ms. Ayer stated she was present as an abutting neighbor and to see what impact the proposed variance would have on the surrounding area. Ms. Ayer owns the abutting land closest to the shared drive. Ms. Ayer felt the proposed change was minimal & was not opposed to an approval. Speaking in favor was: Paul Ciccone of Prime Properties New England stated he was a long time friend of the family and has been unable to find a buyer because of the lot’s configuration. Mr. Ciccone was of the opinion the Franklin portion was not suitable for development because of the wetlands & streams, and that the variance would not impact the neighborhood as the driveway is pre-existing. There being no other speakers, the public hearing was closed. I. DISCUSSION/DECISION ON APPLICATIONS 1. V#14-03 – Application of Pamela Novak, Executor for the Estate of Hervey Laliberte for property located at 506 & 510 Plain Hill Road in R-80 and R- 40 zoning districts. In accordance with Sec. 3.24.1; request to utilize an existing shared driveway to access residences on an abutting parcel, in association with a proposed lot line adjustment. Seated were Marc Benjamin, Joe Jacaruso, Henry Olender, Dorothy Travers, and Peter Cuprak. Marc Benjamin made a motion to APPROVE V#14-03 second by Peter Cuprak. Marc Benjamin asked if the Board would consider placing conditions relative to the maintenance of the easement on an approval. Dorothy Travers stated the ZBA should not be involved with enforcement of the easement and maintenance; it is a matter for the buyer & seller’s representatives. Henry Olender stated the ZBA doesn't grant easements & the Board is only granting use & relief for the shared drive. Peter Cuprak concurred with Dorothy Travers; the ZBA should not be involved & the easement should be managed between the two parties, agents & attorneys. Page 3 of 4 Marc Benjamin modified his motion to APPROVE V#14-03 due to the topography & wetland conditions of the property as demonstrated by the applicant & the pre- existing nature of the driveway. Marc Benjamin stated the granting of the variance would allow the applicant reasonable use of their property and wouldn’t create an apparent adverse impact to the neighborhood. Marc Benjamin stated the proposed lot line adjustment doesn’t create any encroachments & meets all other zoning bulk requirements. Peter Cuprak seconded. Motion carried unanimously. Marc Benjamin stated they would go off the record at 7:30 p.m. Meeting resumed at 7:35 p.m. J. OTHER MATTERS: None K. ADJOURNMENT Upon motion by Dorothy Travers, and second by Joe Jacaruso, it was unanimously voted to adjourn at 7:36 p.m. Respectfully submitted, Linda Lee Smith Recording Secretary Page 4 of 4