Zoning Board of Appeals

Revised 10/15/14 CITY OF NORWICH ZONING BOARD OF APPEALS September 9, 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 Raymond Dussault Joe East – Alternate Peter Cuprak - Alternate ABSENT: Henry Olender ALSO PRESENT: Tianne Phoenix Curtis, Zoning Enforcement Officer Linda Lee Smith, Recording Secretary E. COMMUNICATIONS Tianne Curtis confirmed the Board members had received a copy of the map amendment relative to the address assignment for V#14-05. F. ACCEPTANCE OF MINUTES Upon motion by Peter Cuprak, seconded by Joe Jacaruso it was voted unanimously to APPROVE the minutes of the August 12, 2014 regular meeting. G. OLD BUSINESS: None H. NEW BUSINESS: 1. V#14-04 – Application of Barbara Bryant for property located at 24 East Avenue in an R-20 zoning district. In accordance with Sec. 12.1 30’ rear yard required, request reduction to 19’ for the construction of an 18’ x 25’ addition. Seated were Marc Benjamin, Joe Jacaruso, Dorothy Travers, Ray Dussault and Joe East. Tianne Curtis entered into the record Exhibits “A-F”. Exhibit “G” photos of the existing property conditions submitted by the property owner. David Neal, Barbara Bryant’s fiancé, 202 Chase Road, Putnam, CT presented on behalf of the property owner. Mr. Neal stated he wanted to construct an 18’ x 25’ addition which would include two bedrooms. Mr. Neal stated his hardships were the location of the septic system and the two huge trees in the back. 1 of 5 Marc Benjamin asked Mr. Neal how large was the house? Tianne Curtis stated the house was 1200 sq. ft. Tianne Curtis submitted Exhibit “H” from Mr. Neal, a sketch of the footprint of the existing house and the location of the proposed addition. Marc Benjamin asked Mr. Neal if the second story would have a full dormer. Mr. Neal stated yes and it would be tied into the roof line. Dorothy Travers asked Mr. Neal the addition would be about 18’ x 25’ (450 sq. ft. ) and if it would include a bathroom. Mr. Neal stated there would be 2 bedrooms but no additional bathroom. Joe East asked Mr. Neal if he had received Uncas Health District approval. Mr. Neal stated he hadn’t. Tianne Curtis stated she advises the applicant(s) to secure prior approval from Uncas, however the ZBA should not condition their approval based on another department’s review. The property owner would need to apply to UHD for approval before proceeding with the zoning permit. Joe East was concerned with adding 2 more bedrooms the septic system may need to be increased. Ray Dussault stated he had concerns of awarding the variance without Uncas Health District’s approval. Tianne Curtis stated the property owner would need to obtain UHD approval prior to construction and if the existing system could not support additional wear, UHD would oversee the upgrade. The members could continue the decision until next month for UHD approval but there was concern of losing another month and this construction season is coming to an end. Ray Dussault asked if the abutters had been notified. Tianne Curtis stated the abutters had been notified and no responses had been received. Joe East asked what would prevent Mr. Neal from using the infill regulation for the addition. Mr. Neal stated the area was only 15’ x 15’ and there were the two large trees that would have to be taken down. Tianne Curtis asked Mr. Neal if there was a window in the infill portion. Mr. Neal stated yes there was a window which would prevent the addition from being constructed in the infill location. Marc Benjamin asked if he used the infill regulation would he not have to abide by the side yard setback. Tianne Curtis stated that was correct. Ms. Curtis stated if the infill regulation were used she would like to verify the maximum lot coverage allowed. Marc Benjamin asked the Board if they wanted to continue the variance until next month for UHD approval. Dorothy Travers didn’t think the Board should continue until next month because the property owner would need approval from UHD before the zoning permit could be issued. Page 2 of 5 Marc Benjamin asked Mr. Neal to demonstrate what his hardship was specific to the property and why he had to build it in the requested location. Mr. Neal stated because the addition would fit in with the roof lines. Joe East stated because the topography of the back yard was closer to grade. Ray Dussault stated because of the septic system location. Marc Benjamin stated the large flat area that looked suitable for the construction of the addition, couldn’t be used because of the location of the septic system. There being no other speakers, the public hearing was closed. 2. V# 14-05 – Application of Spurgas Brothers, LLC for property located at 200* West Main Street in a GC zoning district. In accordance with Sec.6.2.1 (a) (3) Garages and filling stations, motor vehicle sales and repair no vehicular entrance or exit within 500’ from a church or public playground for the purpose of obtaining a certificate of location for a dealers license. Marc Benjamin stated he would be recusing himself. Joe Jacaruso, Co-chair would chair the public hearing. Seated were Joe Jacaruso, Dorothy Travers, Ray Dussault, Joe East and Peter Cuprak. Tianne Curtis entered into the record Exhibits “A-F”. Dave Spurgas, property owner, Viking Fuel & Spurgas Brothers LLC, 208 West Main St. Mr. Spurgas stated he currently holds a dealers license for his old location at 80 North Main Street and would like to move the dealer’s license to his Viking Fuel business 208 West Main St. Mr. Spurgas stated his hardship was he was prevented from running his business on a daily basis. Tianne Curtis explained to the Board the 500’ distance requirement is for the church across street and the city playground on Mechanic St. The certificate of location in Sec. 6.2.1 (a) (3) doesn’t separate between dealer repair, with repair to their own vehicles and the maintenance of the public service. Tianne Curtis stated the applicant’s business would be transferred to 208 West Main St. Mr. Spurgas stated his business has been in Norwich for 11 years and stated he has never done automotive repair; and doesn’t plan on doing automotive repair. The license would allow Mr. Spurgas to operate his fuel business without any changes to the business. Joe East asked Mr. Spurges if the proposed license would permit him to repair the oil delivery trucks on-premises; Mr. Spurges stated yes. Joe East asked if additional fuel, other than that in the trucks, would be stored on site; Mr. Spurgas responded there would be no additional fuel storage. Ray Dussault was of the opinion the Board should not restrict Mr. Spurgas’s activities at the site if the State of CT approves his dealer/repair license. Mr. Dussault stated as long as it’s acceptable with the State of CT, he should be able Page 3 of 5 to operate his business in the way he feels is best. Benjamin Lathrop, 116 Mowry Ave was in support of Spurgas variance. There being no other speakers, the public hearing was closed. I. DISCUSSION/DECISION ON APPLICATIONS 1. V#14-04 – Application of Barbara Bryant for property located at 24 East Avenue in an R-20 zoning district. In accordance with Sec. 12.1 30’ rear yard required, request reduction to 19’ for the construction of an 18’ x 25’ addition. Seated were Marc Benjamin, Joe Jacaruso, Dorothy Travers, Ray Dussault and Joe East. Upon motion by Dorothy Travers and second by Ray Dussault motion carried unanimously to APPROVE V#14-04. Ms. Travers stated the septic system location and the large, mature trees were hardships to the property. Ray Dussault stated the topography and septic location are hardships that do not allow Ms. Bryant reasonable use of her property. Ray Dussault noted the addition would be constructed as to follow the existing roofline. Joe East stated there was no impact to the abutting properties and the topography and septic system were legitimate hardships. Marc Benjamin noted that in prior testimony, the applicant had also stated the inability to construct within the infill portion given the blockage of an existing bathroom window & lack of ventilation. Mr. Benjamin cautioned the applicant to not move forward without all of the proper permits including Uncas Health District. 2. V# 14-05 – Application of Spurgas Brothers, LLC for property located at 200* West Main Street in a GC zoning district. In accordance with Sec.6.2.1 (a) (3) Garages and filling stations, motor vehicle sales and repair no vehicular entrance or exit within 500’ from a church or public playground for the purpose of obtaining a certificate of location for a dealers license. Seated were Joe Jacaruso, Dorothy Travers, Ray Dussault Joe East and Peter Cuprak. Page 4 of 5 Upon motion by Ray Dussault and second by Dorothy Travers motion carried unanimously to APPROVE V#14-05. Ray Dussault stated Mr. Spurgas has a unique commercial business with a State of CT license which exists and by regulation he’s allowed to move it from one location to another. Mr. Dussault stated from Mr. Spurgas testimony he wasn’t seeking to expand his business, but if he wanted to expand his business he should be allowed to expand it as long as it’s approved by the State of CT. Dorothy Travers stated that he's moving his State of CT license from 80 North Main St. to 208 West Main St. J. OTHER MATTERS: K. ADJOURNMENT Upon motion by Ray Dussault, and second by Dorothy Travers it was unanimously voted to adjourn at 7:42 p.m. Respectfully submitted, Linda Lee Smith Recording Secretary Page 5 of 5