Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS October 13, 2015 Meeting Minutes The regular meeting of the City of Norwich Zoning Board of Appeals was called to order at 7:04 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 Peter Cuprak – Alternate David Martin - Alternate ABSENT: Raymond Dussault Dorothy Travers 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 Peter Cuprak it was voted unanimously to APPROVE the minutes of the September 8, 2015 regular meeting as amended. A motion was made by Peter Cuprak, second by Henry Olender to recess until the Chairman arrived to have a full quorum. Motion carried unanimously. Marc Benjamin arrived at 7:14 p.m. G. OLD 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. (Continued from September 8, 2015 meeting) Seated were Marc Benjamin, Henry Olender, Mark Kulos, David Martin, and Peter Cuprak Tianne Curtis entered into the record additional Exhibits H, I, and J. Tianne Curtis stated the request had been continued from the September 8, 2015 meeting at the request of the board for further clarification. Ms. Curtis stated the request had been modified by the applicant, and the board could take the property owners requests individually as opposed to advertising the legal ad again. Ms. Curtis stated there were additional exhibits "H" the boundary stakeout survey requested of the applicant, Exhibit "I" the updated hardship, Exhibit "J" photos of the existing underground pipe. Marc Benjamin asked Mr. Dwight to bring the board up to date on the changes made to his application since last month’s meeting. Mr. Dwight explained to the board the survey had been done and he had lost 720 sq. ft. from what he thought was his property line. Mr. Dwight stated he was no longer requesting the variances for lot coverage and the gazebo. Marc Benjamin asked Mr. Dwight to clarify his request. Mr. Dwight originally had asked for an increase to 26% for lot coverage and setback for the gazebo and the setback for the inground pool. Marc Benjamin asked Mr. Dwight after having the survey done he found the lot was smaller than he thought it was. Marc Benjamin asked with the property surveyed having 720 sq. ft. less property than originally thought, would the inground swimming pool be located any closer to the corrected property line. Mr. Dwight stated no. Mr. Dwight stated the only thing that had changed was when he was digging he hit a pipe. Norwich Dept. of Public Utilities (NDPU) went out and informed Mr. Dwight the pipe in the back yard didn't belong to NDPU, but they recommended not disturbing the pipe. Mark Kulos stated the pipe could be an old French drain. Mark Kulos stated Exhibit "H" showed the location of the pipe to the pool but they didn’t know where it ended. Mark Kulos asked Mr. Dwight if he knew the diameter of the pipe. Mr. Dwight stated the pipe was about 16". Marc Benjamin asked if Mr. Dwight was making the 16" pipe part of his hardship. Mr. Dwight stated yes. Mark Kulos asked Mr. Dwight if he knew what the additional lot coverage would be with the inground pool. Tianne Curtis stated the pool doesn't count towards any lot coverage because it’s not a covered structure. Ms. Curtis stated the gazebo was why Mr. Dwight was requesting the lot coverage to be increased and was now withdrawing his request for the gazebo. Marc Benjamin asked Ms. Curtis to clarify Mr. Dwight’s variance request. Ms. Curtis stated Mr. Dwight had modified his application to request less of an impact with the variance by removing the requests for the 4’ side yard setback and the 26% lot coverage for the gazebo. Mr. Dwight is continuing to request the variance for the inground pool with the 5’ rear yard setback. Marc Benjamin asked Mr. Dwight if in the past the above ground pool was located up against the fence. Ms. Curtis and Mr. Dwight both stated yes. Mark Kulos stated the rear yard setback is 10'. Mr. Dwight is requesting a reduction from 10’ rear yard setback to 5' for the construction of an inground pool. There being no other speakers, the public hearing was closed. H. NEW BUSINESS: 1. V#15-06 – Request of Jennifer Lundberg for property located at 18 Blueberry Hill Road in a Residential (R20) zoning district. In accordance with Sec. 8.2 permitted use, requesting a Use Variance to allow a group daycare home. Seated were Marc Benjamin, Henry Olender, Mark Kulos, David Martin, and Peter Cuprak, Tianne Curtis entered into the record Exhibits “A-J”. Tianne Curtis stated the variance application was for a use variance and it’s required to be referred to CCP for recommendation as being consistent with the Plan of Conservation and Development. The public hearing needs to be continued until next month to receive CCP's referral. Jennifer Lundberg, property owner, 18 Blueberry Hill Road presented. Dan Hughes, stepfather and mother Vicki Hughes were also in attendance. Ms. Lundberg stated her mother had helped her make her business plan, would also help with the accounting for the group daycare. Ms. Lundberg stated she graduated from Mitchell College with studies in early childhood, human development, and family studies. Ms. Lundberg has been working with children for 15 years including Pfizer Kids in New London, Child Development Center Groton and Regional Cultural 2 Magnet School in New London. She has acquired her credentials and hands on and she wants to pursue her own group daycare home. Ms. Lundberg told the board that Mr. Hughes would give a brief presentation of the proposed design of the property. Dan Hughes, 316 Newtown Avenue, Norwalk, CT made a brief presentation of the proposed daycare. Mr. Hughes stated he thought his hardship was the use of the property because there is no difficulty with the property. The family daycare (less than 6 children) is in the City's regulations but the group daycare (6-12 children) wasn’t and it was Mr. Hughes understanding that in the new proposed draft regulations the group daycare would be a permitted use. Mr. Hughes stated the design conforms to the State of CT regulations having 35 sq. per child which would require 420 sq. ft. actually have 525 sq. ft., 75 sq. ft. per child in the back yard. The plan would conform to the State statutes for 12 children. Ms. Lundberg would have 10 children. Mr. Hughes stated they've reached out to the neighbors with no opposition to the group daycare, and letters of support were in the file. The only difference would be 6 cars if approved from family to group daycare would come during the day and it wouldn't affect any traffic concerns. Marc Benjamin asked if there would be a walkout grade basement, the access would function through the basement, outside parking for vehicles, they could park in the driveway, on-street and if needed could create another parking area in the yard. Henry Olender asked what the hours of operation would be. Jennifer Lundberg stated 5 days a week 7 am - 5 p.m. Marc Benjamin asked with 12 children, how many employees would be employed. Ms. Lundberg stated one full time employee besides herself and one part time employee. Mark Kulos asked if there would be any aftercare. Ms. Lundberg stated no. Mark Kulos asked Ms. Lundberg if she was licensed. Ms. Lundberg stated she couldn’t get certified yet. Ms. Curtis stated without the variance she couldn't get certified. Mr. Hughes stated without the ZBA's approval they couldn't move forward, and they would have to submit plans to the State of CT. Mark Kulos asked if there was septic at their property and if they talked to Uncas Health District for the extra load being put on the septic system. Mr. Hughes stated no, it was a new system in 2010. Mr. Hughes stated the group daycare was beginning to be in other town’s regulations from R20 - R80 but just not in Norwich's regulations as a use. If the draft zoning regulations are approved, provided they met all requirements the group daycare would be accepted. Marc Benjamin asked Ms. Lundberg how many of her own children she would have. Ms. Lundberg stated she would have her own 2 children and 8 other children. Mr. Hughes stated he has been to the Building Dept. for the design and they're fine with the design. Mark Kulos asked about the character of the neighborhood was it mainly young families, retirees. Ms. Lundberg stated it’s a mix of both younger families and retirees. Mr. Kulos asked if the group daycare would be run year round. Ms. Lundberg stated yes. Upon motion by Henry Olender, second by Mark Kulos the motion carried unanimously to continue until next month. 3  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, David Martin, and Peter Cuprak, Upon motion by Mark Kulos, second by Henry Olender motion carried unanimously to APPROVE the installation of an inground swimming pool with the 10' rear yard setback required request reduction to 5'. Mark Kulos stated the hardships were the size of the lot, a mystery pipe in front of the swimming pool which would prevent it from being moved to the front of the property, and it’s the best possible location. Marc Benjamin made a motion to grant, he would not be supporting it, but for the legal record, the 25% lot coverage permitted, request to increase to 26% for lot coverage for the gazebo, Henry Olender second, motion carried unanimously to DENY, because the applicant had withdrawn the lot coverage from the application. Marc Benjamin made a motion to grant, second by Mark Kulos, all in favor to DENY the 10' side yard required request reduction to 4' for the construction of the gazebo because the applicant withdrew the gazebo. 2. V#15-06 – Request of Jennifer Lundberg for property located at 18 Blueberry Hill Road in a Residential (R20) zoning district. In accordance with Sec. 8.2 permitted use, requesting a Use Variance to allow a group daycare home. Seated were Marc Benjamin, Henry Olender, Mark Kulos, David Martin, and Peter Cuprak Upon motion by Marc Benjamin, second by Henry Olender motion was made to table until next month. 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 explained it would remain on the agenda for further discussion. K. ADJOURNMENT Upon motion by Marc Benjamin, and second by Henry Olender it was unanimously voted to adjourn at 7:55 p.m. Respectfully submitted, Linda Lee Smith Recording Secretary 4