Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS March 8, 2016 Meeting Minutes The regular meeting of the City of Norwich Zoning Board of Appeals was called to order at 7:13 p.m. Roll call was taken and it was determined that a quorum was present. PRESENT: Marc Benjamin, Chairman Mark Kulos Dorothy Travers David Martin – Alternate Robert Phoenix – Alternate ABSENT: Henry Olender, Vice Chairman Peter Cuprak – Alternate 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 Robert Phoenix, seconded by Dorothy Travers it was voted unanimously to APPROVE the minutes of the February 9, 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 2/9/16) Seated were David Martin, Mark Kulos, Dorothy Travers, and Robert Phoenix Marc Benjamin stated the application had been continued from the February 9, 2016 meeting. Mr. Benjamin reminded the members that he would be recusing himself and the four present members would be voting. Marc Benjamin explained because there were only four members in attendance to vote it’s not a simple majority vote. He stated typically there are five voting members, tonight there were only four and the vote would need to be unanimous. Mr. Benjamin stated an option for Mr. Chieka would be to wait until next month when all five members may be in attendance and the vote could be 4/1opposed and pass. Mr. Benjamin asked if Mr. Chieka would like to continue until month. Tianne Curtis reviewed the time table to see if they had time left to continue until next month’s meeting and still be within the time constraints required. Ms. Curtis stated it had been 8 weeks since the application had been opened, (56 days thus far) 30 to conduct, close, and 30 to render a decision. Ms. Curtis stated it would be a total of 91 days until the April 12 meeting which wasn’t within the allowed time period stated in the Zoning Regulations Sec. 8.8.8. Marc Benjamin stated they could have a Special Meeting before April 12. Stan Chieka, 59 Woodside Avenue and Harold Chieka, 45 Scott Street were representing the Mr. & Mrs. Walters, the property owners. Stan Chieka stated that he realized there were only four members in attendance and the vote needed to be unanimous and he wanted to continue this evening. Tianne Curtis had asked Mr. Chieka to give a brief summary of what he wanted to do and the reasons the variance should be granted. Stan Chieka stated he wanted to add an addition which would include 2 bedrooms at 100 Whipple Avenue. The property owners did attempt to sell the property for 9 months but were unsuccessful and they needed 2 additional bedrooms for the brothers with disabilities. Harold Chieka stated because of the layout of the kitchen they couldn’t move the addition back 6’ so they could maintain the roofline. Mr. Chieka stated because the brothers had a stroke they couldn’t go up the stairs. Mark Kulos asked Mr. Chieka if they looked into installing a chairlift or an elevator. Harold Chieka stated he didn’t think a chairlift could be installed because the old staircase isn’t a normal staircase and it’s very steep; and he didn’t think an elevator could be installed because there wasn’t an empty closet or area to install one. Stan Chieka stated with the safety issue another door would be installed and it would be very difficult for the disabled to come down the stairs from the top floor if there was a fire. Mark Kulos stated if a handicap ramp were needed it could be installed. Mark Kulos stated the reason he’s asking for the 6’ is to follow the roofline and layout of the addition. Mark Kulos asked if there was a bathroom upstairs. Stan Chieka stated yes. Dorothy Travers asked how many bedrooms were upstairs. Stan Chieka stated there were 2 bedrooms upstairs and it’s a small house. David Martin asked if there was another conforming location to put the addition. Harold Chieka stated he wanted the 6’ to follow the roofline or they would have to go through the bathroom to access the 2 bedrooms. Mr. Martin stated the layout of the house lends the addition to the best possible location. Mr. Martin questioned the last exhibits that were added and if there were any new ones. Tianne Curtis stated no just the two medical Exhibits “I” and “J” were from the previous meeting. Tianne Curtis wanted to make sure the members knew that the property was on a corner lot. Ms. Curtis stated the measurement was because the addition was off the front and if proposed, the deck would need to be continued 25’. Robert Phoenix stated if the house were located on Stott Street the setback would only have to be 10’ and the deck would still be 25’ setback. Reference was made to Exhibit “H”. Robert Phoenix asked if a variance would be needed for the deck. Mark Kulos stated the deck would come out to the door. Tianne Curtis stated the deck would be centered within the addition and wouldn’t require a variance. Mark Kulos stated if they needed a handicap ramp that it would fall under the zoning regulations. Mark Kulos stated by appearance the addition would appear as a 25’ setback but with the front yard reduced to 16’. There being no other speakers the public hearing was closed. Upon motion by Mark Kulos, second by Dorothy Travers motion carried unanimously to close the public hearing. 2 H. NEW BUSINESS: None 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, Mark Kulos, Dorothy Travers, and Robert Phoenix Dorothy Travers made a motion to grant the variance because there was only a 9’ difference involved; and to add on a couple bedrooms because the elderly brothers were having issues going up the stairs. Dorothy Travers also stated the addition wasn’t interfering with their neighbors. Mark Kulos seconded the motion. Mark Kulos stated the hardships were because it was on a corner lot with two sideline restrictions on both corners; if the house were facing Scott Street they wouldn’t have needed the variance, Mark Kulos stated it wasn’t interfering with the neighbors, and the appearance from the street would appear like it’s set back 25’. David Martin stated their hardships were the nonconforming position of the house, location and layout of the house. Mr. Martin stated their request was a reasonable request to add on to the house. Mark Kulos stated the board could put a condition on not allowing the addition to be built up another story. Tianne Curtis, Zoning Enforcement Officer stated there was an allowance in the Zoning Regulations for a vertical expansion regardless as long as it doesn’t exceed the building height and bulk restrictions. Robert Phoenix stated the four items he took into consideration for approval were there weren’t any special conditions of their property which didn’t generally apply to other properties in the zone; the appeal wouldn’t have adverse impact on the neighborhood because the house across the street was closer to the front yard setback; granting the variance would be in harmony with the regulations; and if he were denied the variance he would be denied reasonable use of his property. Upon motion by Dorothy Travers, second by Mark Kulos motion carried unanimously to APPROVE V#16-01. J. OTHER MATTERS: None K. ADJOURNMENT Upon motion by Dorothy Travers and second by Robert Phoenix it was unanimously voted to adjourn at 7:57 p.m. Respectfully submitted, Linda Lee Smith Recording Secretary 3