Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS February 9, 2016 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 Raymond Dussault Mark Kulos Dorothy Travers David Martin – Alternate Robert Phoenix – Alternate Peter Cuprak – Alternate ABSENT: Henry Olender, Vice Chairman ALSO PRESENT: Tianne Phoenix Curtis, Zoning Enforcement Officer Linda Lee Smith, Recording Secretary E. COMMUNICATIONS: None F. ACCEPTANCE OF MINUTES Upon motion by Dorothy Travers, seconded by Ray Dussault it was voted unanimously to APPROVE the minutes of the January 12, 2016 regular meeting. G. OLD BUSINESS: 1. V#16-01 – Application of Ronald and Marjory Walters for property located at 100 Whipple Avenue in a Multi-Family (MF) zoning district. In accordance with Sec. 1.1 25’ front yard setback required request reduction to 16’ for the construction of a 16’ x 37’ addition to existing home. (Continued from 1/12/16) Seated were Dave Martin, Ray Dussault, Mark Kulos, Dorothy Travers, and Robert Phoenix Tianne Curtis explained the application had been continued from the January 12, 2016 meeting. Ms. Curtis entered into the record this evening Exhibit “J” medical statement of tenant/family member of the property owner. Mr. Chieka stated Exhibit “J” was because they needed another bedroom. Marc Benjamin stated last month he had requested from Corporation Counsel information pertaining to disability hardships. Mr. Benjamin stated the board hadn’t received the information, a miscommunication, and a workshop had been scheduled for February 23, 2016. Marc Benjamin’s understanding was that instead of the board receiving correspondence, Corporation Counsel was planning on addressing the disability hardship at the workshop. Marc Benjamin questioned the board members if they had enough information available to proceed with voting tonight or wait until next month. Marc Benjamin stated he would like to continue the public hearing and the board also agreed to continue until next month. Marc Benjamin stated the hearing was still open to accept any additional information. Stan Chieka made a request to the board that he wanted to continue the hearing until next month. Upon motion by Ray Dussault, second by Mark Kulos motion carried unanimously to continue the public hearing until next month. Marc Benjamin stated he would be recusing himself because he had communicated with the attorney and David Martin would replace Marc Benjamin for voting on V#16-01 this evening and next month. Ms. Curtis stated for the record the board would be exceeding the 65 day requirement to conduct business, close the public hearing, and with the additional extensions. Ms. Curtis stated for the record the public hearing had been opened, with the 65 days requirement; it would be 72 days until the March meeting and it would still be within the required time period. Robert Phoenix stated he had valuable information that he’d forward to staff. Marc Benjamin had asked Tianne Curtis to forward the information to Kim McGee, Corporation Counsel for discussion at the workshop. H. NEW BUSINESS: 1. V#16-02 – Application of Ronald McGuire for property located at 387 Plain Hill Road in a Residential (R80) zoning district. In accordance with Sec. 1.1 40’ side yard setback required request reduction to 26’ for the construction of a 16’ x 20 single-story addition. Seated were Marc Benjamin, Ray Dussault, Mark Kulos, Dorothy Travers, and Peter Cuprak Tianne Curtis entered into the record Exhibits “A-G”. Ron McGuire, property owner of 387 Plain Hill Road presented. Mr. McGuire stated he’s requesting a variance from the side yard setback to put a single story family room addition off the kitchen. Mr. McGuire stated he couldn’t go off the south side of the house because of the bulkhead, trees, sidewalk and a well; and couldn’t’ go off the west side because he’s already beyond the set back on that side too. Marc Benjamin asked for clarification of the drawing Exhibit “F”. Mr. McGuire gave a brief explanation of the addition. Mark Kulos asked how wide the stairs would be. Mr. McGuire stated he hadn’t calculated the stairs yet because the ground sloped away but they would probably be 4- 5 stairs. Mr. Kulos stated the addition needed to include the stairs as he was concerned the stairs would be in the nonconforming space. Tianne Curtis stated yes but the rear isn’t the nonconforming, it is the side yard. Mark Kulos stated it’s more like a 16’ x24’ addition. Tianne Curtis stated the stair extending south side wasn’t taken into consideration when computing the 16’ because it would meet the required building setback regardless, but Ms. Curtis did want to note the stairs extend beyond the 16’. Ms. Curtis stated 12” of overhang was allowed into the building setback, enough to limit cantilevering. After much discussion the conclusion was the drawing wasn’t a scaled drawing. Ray Dussault asked if there were any abutters’ opposition. There was no written abutter’s opposition. There being no other speakers the public hearing was closed. 2  I. DISCUSSION/DECISION ON APPLICATIONS 1. V#16-01 – Application of Ronald and Marjory Walters for property located at 100 Whipple Avenue in a Multi-Family (MF) zoning district. In accordance with Sec. 1.1 25’ front yard setback required request reduction to 16’ for the construction of a 16’ x 37’ addition to existing home. (Continued to March 8, 2016 meeting) Seated were David Martin, Ray Dussault, Mark Kulos, Dorothy Travers, and Robert Phoenix 2. V#16-02 – Application of Ronald McGuire for property located at 387 Plain Hill Road in a Residential (R80) zoning district. In accordance with Sec. 1.1 40’ side yard setback required request reduction to 26’ for the construction of a 16’ x 20 single-story addition. Seated were Marc Benjamin, Ray Dussault, Mark Kulos, Dorothy Travers, and Peter Cuprak Motion was made by Ray Dussault, second by Mark Kulos, motion carried unanimously to APPROVE V#16-02. Ray Dussault stated the hardships were the existing house wasn’t conforming, the bulkhead, gazebo, trees, and it was a reasonable use. The septic doesn’t come into play but it’s in the nonconforming area, which didn’t leave much room for the addition. Mark Kulos stated it’s being built in the best possible location. Marc Benjamin stated the lot is tight and there was also a previous variance on this property. J. OTHER MATTERS: 1. Workshop for the review of current Zoning Ordinance Sec.8.8.2 in order to propose application criteria to be included within the ordinance. (Carried over from 01/12/16 agenda) Tianne Curtis informed the board the workshop had been scheduled for Tuesday, February 23, 2016 at 5:30 p.m. Marc Benjamin stated if anyone had any questions on the new regulations to bring to them to the workshop. K. ADJOURNMENT Upon motion by Ray Dussault and second by Peter Cuprak it was unanimously voted to adjourn at 7:37 p.m. Respectfully submitted, Linda Lee Smith Recording Secretary 3