Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS June 9, 2015 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 Henry Olender, Vice Chairman Mark Kulos Dorothy Travers Peter Cuprak – Alternate David Martin - Alternate ABSENT: Raymond Dussault ALSO PRESENT: Tianne Phoenix Curtis, Zoning Enforcement Officer Linda Lee Smith, Recording Secretary E. COMMUNICATIONS Tianne Curtis stated Joe East had submitted his letter of resignation to the ZBA. Marc Benjamin read into record Joe East’s resignation letter. F. ACCEPTANCE OF MINUTES Upon motion by Peter Cuprak, seconded by Marc Benjamin it was voted unanimously to APPROVE the minutes of the December 9, 2014 regular meeting. Marc Benjamin introduced Mark Kulos, a new regular member and David Martin as an alternate to the Committee. He explained the regular members always vote and the alternates rotate. Tianne Curtis explained a ZBA vote isn’t a simple majority. Four members is a quorum but all 4 members need to vote unanimous, and if 5 members vote a vote of 4-1 passes, 3-2 fails. Ms. Curtis explained to the new members if there are only 4 members the applicant has the option of being heard that night or to wait until the following meeting when 5 members may be present. Ms. Curtis explained if a member is not seated on the voting decision they may ask questions during the applicants testimony but not after the public hearing is closed while making the decision. G. OLD BUSINESS: None 1 of 3 H. NEW BUSINESS: 1. V#15-01 – Request of Jeffrey Kempesta for property located at 444 Canterbury Turnpike in a Residential (R40) zoning district. In accordance with Sec. 12.1; westerly front yard setback 50’ request reduction to 22’; and southerly front yard setback 50’ request reduction to 35’ and easterly front yard setback 50’ request reduction to 32’ for the construction of a 20’ x 20’ living room addition. Marc Benjamin recused himself; and Henry Olender chaired the meeting. Seated were Henry Olender, Mark Kulos, Dorothy Travers, Peter Cuprak, and David Martin Tianne Curtis entered into the record Exhibits “A-F”. Jeffrey Kempesta represented the property owner of 444 Canterbury Turnpike. Mr. Kempesta explained he wanted to add a 20’ x 20’ (400 sq. ft) living room addition to the very small 1100 sq. ft. house. Mr. Kempesta stated the house has 3 front yard setbacks. Mr. Kempesta stated the placement of the addition was chosen because of the location of the power lines and the addition would continue with the lines of the house. Mr. Kempesta stated that this addition would keep with the neighbor’s similar setbacks. Mr. Kempesta stated he could move the reduction from 22’ to 17’. Mark Kulos asked if there was high elevation and was concerned about drainage on the property. Mr. Kempesta stated the elevation was 2-3% and that water never collects. Mr. Kempesta stated the addition would be installed on a pad, without a foundation and shouldn’t have any water drainage issues. Mark Kulos had concerns about the septic system. Michael Kempesta, 499 Scotland Road stated the septic system was installed about 20 years ago. Henry Olender stated the ZBA is there to review the setbacks for the variance and not the septic system. There being no others speakers, the public hearing was closed. I. DISCUSSION/DECISION ON APPLICATIONS 1. V#15-01 – Request of Jeffrey Kempesta for property located at 444 Canterbury Turnpike in a Residential (R40) zoning district. In accordance with Sec. 12.1; westerly front yard setback 50’ request reduction to 22’; and southerly front yard setback 50’ request reduction to 35’ and easterly front yard setback 50’ request reduction to 32’ for the construction of a 20’ x 20’ living room addition. Seated were Henry Olender, Mark Kulos, Dorothy Travers, Peter Cuprak, and David Martin A motion was made by Dorothy Travers, second by Peter Cuprak to APPROVE V#15-01. . Page 2 of 3 Dorothy Travers stated the hardships were the location of the septic system and the power lines. Peter Cuprak stated the hardship was the triangular piece of land with three front yards. Dave Martin stated the hardships were the shape and size of the property. Mark Kulos stated the hardships were the trapezoidal shaped lot constrained by 3 front yard setbacks of 50’ with the other side of the property having the power lines and the right of way. Mr. Kulos stated it’s a reasonable use of the property, harmonious with the neighborhood, and it wouldn’t affect the neighbors. Henry Olender stated the power lines were a hardship. Upon discussion, the Board voted unanimously to APPROVE V#15-01. J. OTHER MATTERS: 1. Election of Chairman and Vice Chairman Tianne Curtis stated Marc Benjamin has been the Chairman, and Ms. Curtis asked if he would accept the nomination to continue as Chairman, which he accepted. There were no other nominations. A unanimous vote was taken for Marc Benjamin as Chairman. Marc Benjamin nominated Henry Olender as Vice Chairman, Peter Cuprak second the nomination. There were no other nominations. A unanimous vote was taken for Henry Olender as Vice Chairman. Marc Benjamin stated he was sad for the ZBA’s loss of Joe East and Joe Jacaruso for their years of service. K. ADJOURNMENT Upon motion by Dorothy Travers, and second by Mark Kulos, the Board unanimously voted to adjourn at 7:48 p.m. Respectfully submitted, Linda Lee Smith Recording Secretary Page 3 of 3