Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS September 8, 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: None F. ACCEPTANCE OF MINUTES Upon motion by Marc Kulos, seconded by Dorothy Travers it was voted unanimously to APPROVE the minutes of the August 11, 2015 regular meeting. G. OLD BUSINESS: None H. NEW BUSINESS: 1. V#15-02 – Request of Terry Dwight for property located at 104 Oneco Street in a Multi- Family (MF) zoning district. In accordance with Sec. 12.1; 25% lot coverage permitted, request increase to 26%; 10’ side yard setback required, request reduction to 5’ for the construction of an in-ground swimming pool and reduction to 4’ for the construction of a gazebo. Seated were Marc Benjamin, Henry Olender, Mark Kulos, Dorothy Travers, and Peter Cuprak, Tianne Curtis entered into the record Exhibits “A-G. Terry Dwight, property owner of 104 Oneco Street explained the original deck and pool had deteriorated which was located in the back corner of the lot. He explained he'd like to replace the aboveground pool with an in-ground pool. Mr. Dwight stated there was only 30' from the back of his house to the property line. Mr. Dwight stated Exhibit F showed where the pool was to be located with the decking but after meeting with pool consultants the pool had been changed to an in-ground pool with patio which wasn't shown on Exhibit F. Mr. Dwight stated he had a survey done but he hadn't received it and did want to submit it to the board. Mark Kulos asked if the new in-ground round pool would follow the same configuration as in Exhibit F. Mr. Dwight stated yes, and be more conforming with the property line. The deck was built into the pool originally. Mark Kulos asked Mr. Dwight how he was going to get equipment into the back yard because there wasn't access from Oneco Street. Mr. Dwight stated his neighbor had agreed to give him access. Marc Benjamin asked for an explanation what was being done with the shed in the back yard and why the gazebo had to be located so close to the property line. Mr. Dwight stated the shed would be removed from the backyard, and he would utilize the shed at the end of the driveway. Marc Benjamin asked Mr. Dwight if the shed being taken down was on the property line, and the gazebo would replace the shed. Mr. Dwight stated the yes, the shed would be taken down and the gazebo would be located 4' from the property line being more conforming than the shed. Tianne Curtis stated the survey had been done but not printed in time for the meeting and Exhibit F was submitted. Mr. Dwight has used the pins to determine the exact property lines. Mark Kulos asked Mr. Dwight if the gazebo was going to be 8 sided, which would reduce the nonconformity. Mr. Dwight stated yes and he'd be reducing the nonconformity with the pool also. Mark Kulos asked if Exhibit F showed the pool he was proposing. Tianne Curtis stated originally Mr. Dwight was proposing an above ground pool with deck and Mr. Dwight talked to the pool company and modified to an in-ground with patio. Ms. Curtis stated she measures to the lip of the pool for any poured concrete, and the patio isn't counted as part of the pool setback, but as landscaping. The reduction of 5' would be to the lip of the pool. Mr. Dwight stated he would be centering the pool in the back yard but it wouldn't be any closer than 5' to the property line. Marc Benjamin had stated if it was an above ground pool it would be measured to the deck, but because it's on grade, the patio wouldn’t count in the setback. Mark Kulos asked if the water and sewer lines went out the front of the house. Mr. Dwight stated yes. Dorothy Travers asked what the size of the pool was. Mr. Dwight stated 24' round. Marc Benjamin stated Mr. Dwight would be taking the shed down, decreasing the nonconformity of the pool and deck. Mr. Dwight stated the old pool was 21' and the deck was located against the fence. Joanne Philbrick, 8 Elm Avenue, Norwich, CT spoke in favor of the variance. Henry Olender asked Mr. Dwight what his hardships were. Mr. Dwight stated the gazebo it would be 10' from house, and the pool he’d be taking off 18'. Mark Kulos asked if his neighbors had sheds and garages on or near their property lines. Mr. Dwight stated yes. Henry Olender wanted to make sure there was passage on all sides around pool, but he thought his hardship was weak. Marc Benjamin stated the in-ground pool is an improvement over the previous pool, but the gazebo it could be moved over and brought into compliance. Marc Benjamin asked Mr. Dwight if the gazebo needed to be located as on Exhibit F, or if it could be moved. Henry Olender stated the Board could continue the meeting, get the surveyors map and more thought to if and where the gazebo could be moved. The topography is 5' across the yard. Mark Kulos suggested exchanging the location of the pond/fountain which is considered landscaping with the gazebo. After much discussion Marc Benjamin stated Mr. Dwight was asking for a continuance to obtain additional information to show other potential sites and exactly the location for the gazebo. 2 Upon motion by Henry Olender second by Peter Cuprak motion carried unanimously to continue until next month. 2. V#15-05 – Request of Linda Nystrom for property located at 36 Laurel Heights Road in a Residential (R20) zoning district. In accordance with Sec. 12.1; 15’ side yard required, request reduction to 7’ for the construction of a 10’ x 20’ bedroom/bathroom addition. Peter Cuprak recused himself and David Martin filled in his place. Seated were Marc Benjamin, Henry Olender, Mark Kulos, Dorothy Travers, and David Martin, Tianne Curtis entered into the record Exhibits A-F. Peter Nystrom, property owner, 36 Laurel Heights Road presented. Mr. Nystrom stated he purchased the house on July 30, 2015 and he was requesting an extension to increase the bedroom and add a second bathroom, and which would follow the existing house lines. The house is 7'-7 1/2' from the property line with the addition. Mr. Nystrom stated he couldn't locate the addition on the other side of the house because of the location of the bulkhead, the septic line, and an air conditioner compressor. It was Mr. Nystrom's opinion that Uncas Health District wouldn't allow structures over septic tanks and septic lines. Marc Benjamin asked Mr. Nystrom where the septic system was located. Mr. Nystrom stated the lines flow 2 1/2' from the bulkhead. David Martin wanted to verify he was making a bedroom larger? Mr. Nystrom stated he's making an addition for the existing bedroom and adding a bathroom. Tianne Curtis entered photographs of the existing conditions as Exhibit G. Mark Kulos asked if he could bump it out and go vertical 20' out he would have 8' and wouldn't have to go before the board. Mr. Nystrom stated if it was brought in 8' it would dissect the existing bedroom and would be really and odd shaped bedroom. Marc Benjamin stated there would probably be issues with the roof line. Henry Olender asked if Uncas Health had been contacted. Tianne Curtis stated yes Uncas Health had been consulted but nothing in writing. Mark Kulos asked if he'd install a shed dormer. Mr. Nystrom stated he'd have to do a new roof, and with the peak he’d have to reduce the slope as referenced Exhibit E. Henry Olender asked being 7' from the property line how far away was the house next door. Mr. Nystrom stated the garage is 15' away and the house is located on the other side. There being no other speakers, the public hearing was closed. 3. V#15-07 – Request of Jake Misenheimer for property located at 45 Greene Avenue in a Multi-Family (MF) zoning district. In accordance with Sec. 12.1; 10’ side yard required, request reduction to 3’ & 10’ rear yard setback required, request reduction to 4’ for the construction of a 12’ x 20’ garage. Seated were Marc Benjamin, Henry Olender, Mark Kulos, Dorothy Travers, and David Martin Tianne Curtis entered into the record Exhibits A-G, also Exhibits H-K letters of support from abutting neighbors that weren't included in the member’s packets. 3 Jake Misenheimer, property owner, 45 Greene Avenue presented. Mr. Misenheimer had applied for a zoning permit for repair and restoration of the garage; and after getting into the repairs the work was more extensive than previously anticipated, he needed to go before the board for a variance because the work performed was more than 50% of the project. The garage was going on the existing slab. Mr. Misenheimer stated he used the survey both sides of property for measurements were 3' from the rear and 4' from the side. Marc Benjamin stated Mr. Misenheimer started taking down the garage, wanted to rebuild it because the roof had collapsed; and once into the repair there was more damage than originally anticipated and repaired and replaced all damaged areas to be sound, and then found out he needed a variance because it was considered more than a repair. Henry Olender asked when he was repairing the garage did the City send a cease and desist order. Mr. Misenheimer stated yes and he had a zoning permit for the repair. Mr. Olender asked if it was going to be in the same exact footprint. Mr. Misenheimer stated yes. Marc Benjamin stated the existing garage in the same location but because of the value of improvements he needed the variance. Tianne Curtis stated the initial permit was issued under reconstruction and repair to bring the garage to a safe condition, because the work went over and above Sec. 3.14. Marc Benjamin stated he was building the same size garage, which was pre-existing nonconforming structure in the same exact location with an overhang over the front of the garage extending 16" which was included in the original permit. Tianne Curtis stated they are allowed 12" impinge on side line. Marc Benjamin stated that would be increasing the nonconformity by 4". Mark Kulos stated a slight increase to the nonconformity to the front yard. Jake Misenheimer stated moving the garage into conformity would have had other issues because of the extensive slope and there may have been ledge, and the driveway hugs the edge of the house, and the driveway couldn't be moved. Mr. Misenheimer submitted Exhibit L pictures of other neighbors houses with similar, and also had support letters from his neighbors. There being no other speakers, the public hearing was closed. I. DISCUSSION/DECISION ON APPLICATIONS 1. V#15-02 – Request of Terry Dwight for property located at 104 Oneco Street in a Multi-Family (MF) zoning district. In accordance with Sec. 12.1; 25% lot coverage permitted, request increase to 26%; 10’ side yard setback required, request reduction to 5’ for the construction of an in-ground swimming pool and reduction to 4’ for the construction of a gazebo. Seated were Marc Benjamin, Henry Olender, Mark Kulos, Dorothy Travers, and Peter Cuprak, Upon motion by Henry Olender second by Peter Cuprak motion carried unanimously to continue until next month. 2. V#15-05 – Request of Linda Nystrom for property located at 36 Laurel Heights Road in a Residential (R20) zoning district. In accordance with Sec. 12.1; 15’ side yard required, request reduction to 7’ for the construction of a 10’ x 20’ bedroom/bathroom addition. 4  Seated were Marc Benjamin, Henry Olender, Mark Kulos, Dorothy Travers, and David Martin, Upon motion by Henry Olender, second by Dorothy Travers motion carried unanimously to APPROVE V#15-05. Henry Olender stated because the hardship is the location of the septic system, and it’s a simple request, its nonconforming, and he's far enough away from the neighbor’s garage. Dorothy Travers stated the hardships were the location of the septic system and the bulkhead. Mark Kulos stated the hardships were because of the interior layout of the house, where the addition was proposed, and no other location for the addition. David Martin stated the hardships were the location of the septic system, the location of house and the addition wouldn’t be any closer to the property line than the house. Marc Benjamin also stated because its 1,000 sq. ft. small house and they are only requesting to put a 200 sq. ft. addition, which is a reasonable request. 3. V#15-07 – Request of Jake Misenheimer for property located at 45 Greene Avenue in a Multi-Family (MF) zoning district. In accordance with Sec. 12.1; 10’ side yard required, request reduction to 3’ & 10’ rear yard setback required, request reduction to 4’ for the construction of a 12’ x 20’ garage. Seated were Marc Benjamin, Henry Olender, Mark Kulos, Dorothy Travers, and David Martin, Upon motion by Mark Kulos, second by Dorothy Travers motion carried unanimously to APPROVE V#15-07. Mark Kulos stated the hardships were the location of the driveway, the slope of the land, and an addition of 4" of nonconformity from the front overhang wouldn’t affect or change the character of the neighborhood. Peter Cuprak stated Greene Avenue is a hardship. Dorothy Travers stated the pictures indicated quite a few of the neighbors also have the same type of garage, driveway and difficult because of the size of the lot. Marc Benjamin stated the way the appeal came to the board as a repair to a pre-existing nonconforming and it’s not an expansion of the garage. J. OTHER MATTERS: 1. Workshop for the review of current Zoning Ordinance Sec.19.1.1 in order to propose application criteria to be included within the ordinance. Tianne Curtis stated she had no other information to add at this time. Mark Kulos emailed Tianne Curtis with information for her review. Ms. Curtis stated she would review the information and report back to the Board. The consensus of the Board was they would like to attend the public hearing on the zone changes because it directly impacts them. 5 Ms. Curtis stated she will get the members a set of regulations before it goes before the City Council. K. ADJOURNMENT Upon motion by Marc Benjamin, and second by Henry Olender it was unanimously voted to adjourn at 8:15 p.m. Respectfully submitted, Linda Lee Smith Recording Secretary 6