Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS December 13, 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. Marc Benjamin stated they would be seating the 3 regular members and 2 alternates as follows: For A#16-02 Alternates Peter Cuprak and Robert Phoenix will be seated; and for V#16-16, Alternates David Martin and Robert Phoenix will be seated. PRESENT: Marc Benjamin, Chairman Henry Olender, Vice Chairman Mark Kulos Robert Phoenix, Alternate David Martin, Alternate Peter Cuprak – Alternate ABSENT: Dorothy Travers OTHERS: Deanna Rhodes, City Planner, and Linda Lee Smith, Recording Secretary, Attorney Kim McGee, Corporation Counsel E. COMMUNICATIONS - None F. ACCEPTANCE OF MINUTES Mark Kulos brought up a few inaccuracies in the minutes that required them to be amended. These changes were the spelling of sight plan should be site plan. A motion was then made by Robert Phoenix, second by David Martin, to APPROVE the minutes of the November 15, 2016 with the corrections as presented. The motion passed unanimously. G. OLD BUSINESS: None H. NEW BUSINESS: 1. A#16-02 – 684 West Main Street. Appeal of Decision of Zoning Enforcement Officer for not applying ZR Section 4.8.8 in the denial of a proposed gas station use. Application of Jon B. Chase on behalf of Savin Gasoline Properties, LLC. Zone GC. A motion was made by Robert Phoenix to open the public hearing. The motion was seconded by Mark Kulos. The motion passed unanimously. The Chairman then requested that the interim ZEO, the City Planner, Deanna Rhodes enter exhibits “A-F” into the record. Ms. Rhodes proceeded to do so. Richard Cody, an attorney from Jon Chase Attorneys at Law, then spoke and stated his address as 34 Church Street, Mystic CT. Attorney Cody stated he was representing Attorney Jon Chase as he wasn’t able to attend this evening. Attorney Cody stated he was representing Savin Properties which owns the property directly across the corner 1 of 4 ZBA 01/12/2017 from the 684 West Main Street. He stated that John McNeil, owner of Savin Properties was also present, as well as Mark Temple to provide information about the environmental tank removal issues and other information. He stated that John Hendel previously owned the property and had sold it to PJC Realty (Rite Aid Pharmacy). Attorney Cody then stated he wanted to request a continuance of the hearing. He believed that the regulations require notification to abutters and that it was too late to meet the requirements. He said that they still sent out letters to abutters about the hearing, but they went out too late. He wants to send notices again to meet the correct time frame. Attorney Cody introduced Exhibit “G”, which were the proof of certified mailings to the abutters. Marc Benjamin stated he believed they had time on the calendar to allow for the continuance. Mr. Benjamin referred this matter to Corporation Counsel, Kim McGee, who was sitting in the audience. He questioned if it’s necessary to notify abutters. Attorney McGee then asked Attorney Cody to point to the section of the regulations where it’s mentioned. Attorney Cody stated the regulations require that appeals be heard in accordance with the General Statutes Section 8-7 and that the regulations can establish whether abutters should be provided notice of public hearings. He felt that it was in the City’s regulations to do so. Deanna Rhodes then read aloud directly from the regulations. For variances, notices to abutters is specifically required, but she didn’t see anything in the regulations that require notice to abutters for appeals. Attorney Kim McGee then recommended that the board continue the public hearing at the applicant’s request. Attorney Cody stated he didn’t need to put the request in writing because they’d still be within the 35 day statutory time frame. Mark Kulos then made a motion to CONTINUE the public hearing until January 10, 2017. The motion was seconded by Peter Cuprak. The motion passed unanimously. Dianne Whitney, an attorney in the audience, then spoke up and stated she had a conflict that night and couldn’t make the January 10, 2107 meeting and asked if it could be moved to February 14, 2017. A discussion then ensued. Deanna Rhodes then asked Attorney Cody if he wanted to grant an extension to the Board to keep the public hearing open past the 35 days to accommodate Attorney Whitney. Attorney Cody agreed and stated he would send an email tomorrow for the Board to have the request in writing. Mark Kulos then made a motion to amend the original motion to continue the public hearing for A#16-02 to February 14, 1017. The motion was seconded by Peter Cuprak and passed unanimously. 2. V#16-16: 13 Beebe Road. Request for variances to ZR Section 1.1 to locate a 20 ft. X 22 ft. canvas hoop garage structure 32 ft. from the front property line where 50 ft. is required, and 46 ft. from the rear property line where 50 feet is required; and ZR Section 4.14.1 to locate an accessory structure within the front yard setback. Application of Greg Case. Property of Greg R. Case & Catherine Romano-Case. Zone R-40. Page 2 of 4 ZBA 01/12/2017  Mark Kulos made a motion to open the Public Hearing, David Martin seconded the motion. The motion passed unanimously. Greg R. Case, property owner for 13 Beebe Road presented the variance request. Mr. Case stated his lot is very long and shallow. There is only 100 ft. depth on the majority of the property. Mr. Case stated he’d like to put up a canvas hoop garage structure but has no other place to put it because of the pool and the septic system. Mr. Case is proposing to erect the hoop canvas topped structure as a 2 car garage at the end of an existing driveway. The area had been excavated out for a home foundation quite a while ago but there was one stone wall constructed. Mr. Case didn’t know what happened to the proposed house. It was lot #9 many years ago and at some point was included with 13 Beebe Rd. Mr. Case stated this particular piece of land is 6’-7’ lower than the rest of the surrounding land; the garage wouldn’t be obtrusive or seen by anyone and he would have access to it at the end of the driveway. David Martin asked Mr. Case in Exhibit “I” photo if it was the location for the canvas hoop. Mr. Case stated yes. Mr. Kulos asked Mr. Case if retaining walls are located on either side of the driveway, whether he’d use the existing driveway to access the hoop structure, and whether it would be facing the house instead of the street. Mr. Case stated yes to all. Robert Phoenix referenced Exhibit “I” (the 3rd picture) and asked for clarification whether there is a utility pole located there. Mr. Case stated no. It was a tree in the picture, not a pole. Mark Kulos asked if there would be any type of footing/foundation. Mr. Case stated he would bring in processed gravel and compact it. David Martin asked if he would be staking the structure into the ground. Mr. Case stated the requirements are all listed on Exhibit “H” - including the snow load rating. Deanna Rhodes then read into the record the Exhibits - “A-I” As there was no one from the public to speak for or against the application, a motion was made by Peter Cuprak to close the public hearing. It was second by David Martin. The motion passed unanimously. I. DISCUSSION/DECISION ON APPLICATIONS 1. A#16-02 – At the applicant’s request, the public hearing was continued to February 14, 2017. 2. V#16-16: 13 Beebe Road. Request for variances to ZR Section 1.1 to locate a 20 ft. X 22 ft. canvas hoop garage structure 32 ft. from the front property line where 50 ft. is required, and 46 ft. from the rear property line where 50 feet is required; and ZR Section 4.14.1 to locate an accessory structure within the front yard setback. Application of Greg Case. Property of Greg R. Case & Catherine Romano-Case. Zone R-40. Page 3 of 4 ZBA 01/12/2017  Mark Kulos made a motion to approve V#16-16 based on the following reasons: there was no other area to place the structure other than the small triangle occupied by the septic system and swimming pool. Mr. Kulos stated there is a need for the structure and being it’s a temporary structure it would not affect the neighborhood at all, and it’s in a sunken area and it should be mainly shielded from passersby. Marc Benjamin wanted clarification from Mark Kulos that he was making the motion on all three variances at one time. Mr. Kulos stated yes and that it is a motion to grant all the variances, particular to this structure or a replacement structure to be identical size to this temporary structure. Peter Cuprak then seconded the motion. A discussion then ensued about rebuilding should the structure need to be replaced and whether or not a permanent garage with the same dimensions and height could be built without a variance. Attorney Kim McGee clarified that the variance would be limited to a hoop type structure. Deanna Rhodes added that a ZEO would look back to the filed variance and would hold the owner to the exact structure that was approved. Peter Cuprak stated if they want to change from the temporary hoop structure to a more permanent one, they would have to come back to the board for another variance. Marc Benjamin stated another reason for consideration of the variance was that it was a long and narrow lot with an irregular shape. The discussion concluded and the motion then passed unanimously. J. OTHER MATTERS – 2017 Calendar Motion was made by Robert Phoenix to accept the 2017 calendar after the dates with 2016 are corrected. It was then seconded by Mark Kulos. The motion carried unanimously. K. ADJOURNMENT A motion as made to adjourn at 7:35 p.m. by Robert Phoenix. It was second by Peter Cuprak. The motion passed unanimously. Respectfully submitted, Linda Lee Smith Recording Secretary Page 4 of 4 ZBA 01/12/2017