Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS November 10, 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 Raymond Dussault Peter Cuprak – Alternate David Martin - Alternate ABSENT: Dorothy Travers ALSO PRESENT: Tianne Phoenix Curtis, Zoning Enforcement Officer Linda Lee Smith, Recording Secretary E. COMMUNICATIONS: 1. Memo from Commission on the City Plan (CCP) for an Unfavorable Recommendation for V#15-06 2. Tianne Curtis stated that the new zoning regulations had been approved on November 2, 2015 by the City Council and were handed out to the members. 3. Tianne Curtis stated additional information for V#15-08 was distributed as it hadn't been including with the member packets. Ms. Curtis stated she will enter the additional exhibits into the record when the public hearing is open. F. ACCEPTANCE OF MINUTES Upon motion by Peter Cuprak, seconded by Mark Kulos it was voted unanimously to APPROVE the minutes of the October 13, 2015 regular meeting. G. OLD 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. (Continued from October 13, 2015) Seated were Marc Benjamin, Henry Olender, Mark Kulos, David Martin, and Peter Cuprak Tianne Curtis stated V#15-06 was continued from the October 13, 2015 meeting awaiting for a return referral from the Commission on the City Plan (CCP) as being consistent with the Plan of Conservation and Development. Ms. Curtis read into the record Exhibit “M” which was presented on poster board at the October 13, 2015 meeting, but it hadn't been entered into the record at that time. Ms. Curtis entered into the record Exhibit “L” the return referral from CCP stating the request was read into the record by Director Peter Davis; and the commission reviewed it from 6 children for the family day care to increase to 12 children for a group daycare. Mr. Davis was of the opinion there was no hardship shown since the applicant had reasonable use of the property under current regulations and it wasn’t consistent with the Plan of Conservation and Development, therefore staff recommended sending an unfavorable recommendation, and a motion was made and seconded. Ms. Curtis stated for the record to note the meeting for the CCP did take place in October prior to the approval of the new zoning regulations. Ms. Curtis stated this variance needed to be on its own merit and explained the reason for a use variance was to allow something that wasn’t allowed in a particular zone. Ms. Curtis explained there is an amendment allowing group daycares in any residential zones in the new zoning regulations by special permit to CCP. Ms. Curtis explained when the referral was made to CCP and reviewed the group daycare home was not allowed, but it’s included in the new zoning regulations approved November 2, 2015. Mark Kulos asked if they would have to show a hardship under the new regulations. Ms. Curtis stated no but for special permit they’d have to be consistent with the neighborhood, traffic, future development etc. Mark Kulos asked if they'd have to go back to the CCP. Ms. Curtis stated yes Special Permits are heard by CCP. Ray Dussault asked with the new regulations if they'd have to come back to the ZBA. Marc Benjamin explained that with the new regulations they would only need to go before the CCP and not the ZBA. Motion was made by Marc Benjamin second by Henry Olender to reopen the public hearing. Jennifer Lundberg, property owner, 18 Blueberry Hill Road continued her presentation. Ms. Lundberg stated Norwich is zoned for a family daycare 4-6 children and she was asking to increase to the 12 children group daycare home. Ms. Lundberg stated she had 15 years of experience, two degrees in early child development, and some of her neighbors sent letters of support acknowledging in favor of a group daycare in their neighborhood. Dan Hughes, Ms. Lundberg’s stepfather, 316 Newtown Road, Norwalk, CT continued with the presentation. Mr. Hughes stated to answer the boards septic system question from last month’s meeting, he had received a letter from Uncas Health District that the septic system would be able to support the additional 6 children Exhibit “N”. Mr. Hughes stated that even if approved by the ZBA they would have to apply to the State of CT for their approvals and licensing before operating. Marc Benjamin asked Mr. Hughes if he had reviewed to see if they would comply with the new zoning regulations. Mr. Hughes stated no. Marc Benjamin asked many questions pertinent to the new regulations and Mr. Hughes answered affirmatively to all including the square footage per child, traffic, water supply and storm water, parking, fencing and the easy accessibility for fire and emergency vehicles. Marc Benjamin stated at the last meeting they had discussed the parking, the daycare would be located at the end of the road, and if needed for additional parking the grassed yard area could be used for additional parking. Ms. Curtis stated there was 155' lot width on Blueberry Hill Rd, 120' on Dalewood Rd. Marc Benjamin stated enough parking for about 14 cars. Exhibit “F”. Mark Kulos stated that CCP didn't show a hardship under the old regulations. Marc Benjamin also stated it wasn't consistent with the old Comprehensive Plan and gave an unfavorable recommendation. Ray Dussault stated their findings were no longer valid under the new regulations even though he wasn't voting and the criteria had changed. There being no other speakers, the public hearing was closed. H. NEW BUSINESS: 1. V#15-08 – Request of Donald Eldridge for property located at 31 Wilmot Avenue in a Residential (R20) zoning district. In accordance with Sec. 12.1; 15’ side yard required, request reduction to 12’ for the construction of a 20’ x 20’ addition. 2  Seated were Marc Benjamin, Henry Olender, Mark Kulos, Ray Dussault, and David Martin Tianne Curtis entered into the record Exhibits “A-L”. Ms. Curtis stated Exhibits “I-L” were mentioned during communications and were distributed. Tianne Curtis stated there hadn't been any modifications to the setback chart and the variance application was taken in under the old regulations. Donald Eldredge, 252 East Main Street, Jewett City, Connecticut represented the property owner. Mr. Eldredge explained he wanted to put a 20’ x 20’ addition on for his mother-in-law. Tianne Curtis stated the City's plot plan didn’t match what Mr. Eldredge thought was his property line, and without a survey the City relies on their GIS mapping. The variance site lines drawn showed the addition being 12’ from the property line and Mr. Eldredge thought it was about 14’. Mark Kulos stated Mr. Eldredge was requesting a reduction of 3' but asbuilt it could possibly be 1' or less. Mr. Eldredge stated moving the addition over would be a hardship because of the location of the septic tank, chimney where the hip would lie on the ridge, the bathroom window, and the bulkhead. Mr. Eldredge stated on the other side there is a garage and the only way into the house for the mother-in-law would be through their master bedroom. Mark Kulos asked if the addition would be off the kitchen and back door shown in Exhibit F and would include a very small sink, under counter refrigerator and stove. Mr. Eldredge stated in the original drawing Exhibit “G” showed a kitchen with a stove, but he had changed it to a small kitchenette to include a microwave in place of the stove. Mr. Eldredge said he'd be adding city sewer for the extra bedroom. Mark Kulos was concerned Mr. Eldredge would lose his hardship if he added the city sewer. Mr. Kulos asked Mr. Eldredge in Exhibit “L” 27 Wilmot Ave. driveway was there a detached garage and a fence. Mr. Eldredge stated yes also with foliage and with space to walk around and also included a letter of support. Ms. Curtis asked if the 20’ x 20’ addition would include a second kitchen. Mr. Eldredge stated in Exhibit “G” it showed a stove but he changed it to a microwave. Ms. Curtis wanted confirmation that there would be continuous flow throughout the building and the new addition wouldn't be sectioned off from the main house. Ms. Curtis stated the intent was for the property owner to allow the mother in law to live with them. Ms. Curtis explained the City doesn’t designate between an in-law-apartment and a 2 family, and if there were two living units, ten unrelated people would be allowed to live there. Ms. Curtis asked Mr. Eldredge how he’d keep somebody from using the new addition as a separate living unit, if you had to access it through a common area. Ms. Curtis asked Mr. Eldredge for an explanation. Mr. Eldredge stated there is an entryway between 20' x 20' addition and it’s not a door. Mr. Eldredge stated it would be an open entry, the new door for the outside would be in the new 20'x20' addition. David Martin asked if the existing door would be removed. Mr. Eldredge stated yes and there would be a common entryway with full flow and the exterior door would be located in the 20' x 20' addition. Marc Benjamin stated before the confirmation of the full flow through the common entryway with the second kitchenette he was concerned it could be considered a separate apartment which couldn't be approved. Henry Olender stated if he installed the City sewer he'd lose his hardship, because the bulkhead, chimney, and master bathroom window aren't hardships because they can all be moved. Mr. Eldredge explained he wouldn't be asking to put the foundation any further past the edge of the house. Henry Olender asked about Exhibit “H”. Ms. Curtis stated it was a very undetailed plot plan and the board received Exhibit “L” with a little more detail distributed tonight. 3 The City's GIS map is showing the addition would be 12' from the property line and Mr. Eldredge stated he believed it was 14’ from the property line. Tianne Curtis stated he wouldn't be encroaching any closer to the house. Tianne Curtis asked Mr. Eldredge if he was planning to hook up to City sewer. Mr. Eldredge stated it was his intention but he hasn't hooked up yet. Marc Benjamin asked if he had been to Uncas Health District for approval. Mr. Eldredge stated no but the house presently has 2 bedrooms and 2 bathrooms. Russel Beverage, 31Wilmot Ave. also spoke. Marc Benjamin asked if there was a tank septic system and how old was it. Mr. Beverage stated yes it was a tank septic system which was built in 1950’s. Marc Benjamin asked Mr. Beverage why he proposed to hook up to City sewer. Mr. Beverage stated he would prefer it and with the extra bedroom it may be needed. Mark Kulos asked for clarification on the outer access where there is a door to the common hall. Mr. Eldredge clarified there is an open entryway with the bedroom door. Ms. Curtis stated there isn't an in law apartment designed with common flow. Ms. Curtis stated she'd like confirmation of the 20’ x 20’ addition. Mark Kulos stated there are four separate use areas including the bedroom, living room, kitchen, and bath area instead of just a bedroom and bath. Henry Olender stated Mr. Eldredge could present a revised plan, check with Uncas Health District on the septic system, and check for mere stones, and possibly get a survey. Marc Benjamin asked if Mr. Eldredge would like continue the meeting until next month to acquire more information. Tianne Curtis stated she would accept a zoning location survey showing the existing home to the property line. Mr. Eldredge stated he would like to request to continue until next month as to get more information and clarification for the board. Upon motion by Henry Olender, and second by David Martin motion carried unanimously to table until next month. I. DISCUSSION/DECISION ON APPLICATIONS 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. (Continued from October 13, 2015) Seated were Marc Benjamin, Henry Olender, Mark Kulos, David Martin, and Peter Cuprak, Upon motion by Henry Olender, and second by Mark Kulos to APPROVE V#15-06 motion carried unanimously. Henry Olender stated the hardship was the regulations not allowing entrepreneurs to bring more people into the city and not allowing the city to grow, and this would give Ms. Lundberg a chance to pursue the group daycare where children could be safe. The other hardship is both parents have to work today. Mark Kulos stated Ms. Lundberg meets all the requirements for the use variance with the traffic and it wouldn’t affect the neighborhood, and the letters of support from the neighbors. Mark Kulos stated the septic system letter of confirmation from Uncas Health District could handle the 4 additional 6 children, and they would have to apply to the State of Connecticut for licensing. Mr. Kulos stated the zoning regulations have changed and probably CCP under the new regulations would recommend it with their new check list. David Martin stated the regulations that were applicable at the time limited her ability to have a business, it’s a financial hardship, a viable business and reapplying and delaying was another hardship to the new regulations. Mr. Martin stated based on the actual new regulations Ms. Lundberg’s proposal is consistent with the new regulations. Peter Cuprak stated it’s good for the neighborhood, it’s a quiet neighborhood and the children will be safe. Marc Benjamin stated he agreed with the member’s hardship comments. Mr. Benjamin stated its good for the neighborhood, and they were a couple of months too early with their application, as the new regulations permit the group daycare by Special Permit. Mr. Benjamin stated he would be supporting the variance even though CCP gave an unfavorable recommendation, which he was not taking light of their recommendation; and with the guidelines they were working under, the Commission on the City Plan was correct in their decision; and under the guidelines the ZBA had this evening, they were accepting the variance and moving the project forward. 2. V#15-08 – Request of Donald Eldridge for property located at 31 Wilmot Avenue in a Residential (R20) zoning district. In accordance with Sec. 12.1; 15’ side yard required, request reduction to 12’ for the construction of a 20’ x 20’ addition. Seated were Marc Benjamin, Henry Olender, Mark Kulos, Ray Dussault, and David Martin Motion was made to continue 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. Marc Benjamin and the members received their new zoning regulations. Ms. Curtis stated the chart in the beginning was a nice addition and there were some changes. Marc Benjamin stated he would like a workshop with staff on the new zoning regulations with what they were looking for, why they did it and what the board should be looking to do. The board would like some input and direction. Tianne Curtis stated there was a board that worked on the new zoning regulations. K. ADJOURNMENT Upon motion by Ray Dussault, and second by Marc Benjamin it was unanimously voted to adjourn at 8:13 p.m. Respectfully submitted, Linda Lee Smith Recording Secretary 5