Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS May 9, 2017 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. PRESENT: Marc Benjamin, Chairman Henry Olender, Vice Chairman Mark Kulos Robert Phoenix, Alternate David Martin, Alternate Brandon Hyde ABSENT: Dorothy Travers Peter Curprak, Alternate OTHERS: Richard Shuck, Zoning Enforcement Officer, and Linda Lee Smith, Recording Secretary Marc Benjamin stated that all members would be seated. D. COMMUNICATIONS - Marc Benjamin noted that the board had received a copy of the resolution reappointing the members for another two years. Peter Cuprak has also submitted his application for reappointment. E. ACCEPTANCE OF MINUTES A motion was made by Mark Kulos to APPROVE the minutes of the February 14, 2017. Second by Robert Phoenix. The motion passed unanimously. F. OLD BUSINESS: None G. NEW BUSINESS: 1. Application #17-01: 85 School Street. Request for variances to ZR Section 4.15 to allow for a 15 ft. high retaining wall along north boundary line; and a 9 ft. high retaining wall along southern boundary line where 6 ft. is maximum height permitted. Application and property of Gilbert F. Jordan and Barbara J. Jordan. Assessor’s Map 102, Block 1, Lot 27, Zone MF Marc Benjamin asked if the abutter’s notifications had been returned. Linda Lee-Smith stated they had been received and were complete. Richard Shuck entered into the record Exhibits “A-J”. Gilbert and Barbara Jordan, property owners, presented their application to the board. Mr. Jordan stated they own two houses at 89 & 93 School Street. Mr. Gilbert stated they purchased 85 School Street and combined it with 89 School Street to create a parking lot with 7 spaces that would be constructed with versa block walls. 1 of 4 ZBA 05/31/2017 Ms. Jordan stated there is no parking in the area. Mr. Jordan explained that J Dempsey Associates LLC. prepared the survey and Schuch Engineering LLC. prepared the proposed parking lot design. Exhibit “I”. Mr. Jordan also explained that SA Siefert Associates did the retaining wall plans Exhibit “G”. He gave a brief explanation of the parking area stating the 15ft. high retaining wall is 6 inches off the property line. Marc Benjamin asked why the wall had to be so tall. Mr. Jordan stated the grade on that side is 15ft. higher than the other side. Henry Olender asked about the detail of the 9ft. wall. Mr. Jordan stated the house that has an egress window the wall needed to be 5ft. off the house to the beginning of versa block wall. Mark Kulos asked if they would have chain link fence around it. Mr. Jordan stated yes. Marc Benjamin asked Mr. Jordan to state his hardship. Mr. Jordan stated his hardship was the slope of the land. Jesse Craig of 89 School Street spoke in favor of the application. He stated he has lived there for 4 years and that crossing the road is very dangerous and parking is an enormous issue with tenants receiving parking tickets. He stated the parking lot would be a major help. Attorney David Denvir, representing the owners of 1 Washington Street stated he wasn’t there in opposition but he had some concerns about the drainage. He gave a brief presentation outlining his clients concerns with the drainage and the stability of the parcel and how it effects his client’s property located on 1 Washington Street below the applicants property. Attorney Denvir again stated he was not opposed to the application, but questioned the legal threshold for a variance. He questioned if the property did not have a residence on the lot could it have just a parking lot. Mr. Denvir submitted photos Exhibit “K1-6” of existing conditions. Mr. Denvir explained there were much older retaining walls above 1 Washington Street and his concerns were with the the weight bearing capability of those existing walls with all the new rock and rip rap proposed and how it changes to the weight, slope and run off. Mr. Denvir stated any improvement would improve to the aesthetics of the lot, as presently shown in Exhibit “K” photo. Marc Benjamin asked Mr. Denvir if he was in favor or opposed. Mr. Denvir stated he was concerned with the structural integrity and drainage and how it could impact his client’s property downhill from the applicant. Mr. Jordan provided rebuttal to Mr. Denvir's concerns. Mr. Jordan stated that 85 School Street had been combined by deed with the 89 School Street. Mr. Jordan stated where Mr. Denvir's property is located he didn't think leveling off the parking lot would increase run off because the entire property slopes down as it is. Mr. Jordan gave an explanation about catching the water and stabilizing as per plan. Mrs. Jordan stated the engineers know more about the specifics with the property and stabilization. Marc Benjamin asked when the wall is complete, will he not see the concrete shown in Exhibit "K". Mr. Jordan stated the concrete has been removed. Mr. Jordan stated it’s a steep pitched property and they had hoped to get 14 parking spaces but could only get 7 based on the lot configuration and slope. Page 2 of 4 ZBA 05/31/2017  Mark Kulos stated the plan does show a 51' long, 2' deep, 2' wide crushed stone infiltration area, to catch the runoff from the parking lot and it doesn't show it flowing downhill. Robert Phoenix stated there was a stabilization diagram in the packets. Marc Benjamin stated Mr. Jordan had answered the questions from Mr. Denvir in reference to the zoning use issue; and the engineer’s plans had answered the concern on the grade and there is an erosion control plan. Robert Phoenix stated the documentation has been addressed with any concerns. David Martin stated the existing lay of the lot requires the walls; and it does look like they've addressed the runoff at least to a reasonable level. Robert Phoenix made a motion to close the Public Hearing. Mark Kulos seconded the motion. Motion carried unanimously. H. DISCUSSION/DECISION ON APPLICATIONS 1. Application #17-01: 85 School Street. Request for variances to ZR Section 4.15 to allow for a 15 ft. high retaining wall along north boundary line; and a 9 ft. high retaining wall along southern boundary line where 6 ft. is maximum height permitted. Application and property of Gilbert F. Jordan and Barbara J. Jordan. Assessor’s Map 102, Block 1, Lot 27, Zone MF Marc Benjamin stated the variance is to build a 9' and 15' wall when only 6' is allowed. Henry Olender stated he felt confident with the variance because they have an engineered plan with his stamp. Mr. Olender stated they have addressed all the needs for the City through the engineers stamped plan. Mark Kulos The height of the wall is necessary because of the steepness of the slope and the engineer’s plans have tried to address the drainage problem. Robert Phoenix stated the engineering concerns and runoff have been addressed, and based on Exhibit "K", the engineered wall will be an aesthetic improvement of the historic nature of Washington Street. David Martin stated the slope of the property necessitates the height of the walls. It is a safety improvement to get parking off of the street and the drainage concerns have been addressed by the engineered drawings. Marc Benjamin stated he agreed with all the board members remarks and stated again the applicant was requesting a zoning variance for relief from the restriction of a maximum height of 6ft. for a wall to allow for a 9ft. wall and a 15ft. wall. Mr. Benjamin stated the concerns presented are beyond the scope of the boards review but the City Planner and City Engineer have reviewed and commented on the plans before they were presented to the Board. Mr. Benjamin state the plans have the appropriate engineer’s stamps and signatures and the City Page 3 of 4 ZBA 05/31/2017  is working in the best interests for the residents of City of Norwich and that he believed the concerns presented had been addressed. Motion was made by Robert Phoenix to APPROVE V#17-01 based on the hardships with the current lot conditions and the lot in its current configuration, is unusable. Mark Kulos seconded. Motion carried unanimously. I. OTHER MATTERS: Marc Benjamin introduced Richard Shuck, the new Zoning Enforcement Officer to the board. Mr. Shuck gave a brief history of himself and his experience. J. ADJOURNMENT A motion was made by Robert Phoenix to adjourn at 7:42 p.m. It was second by David Martin. The motion carried unanimously. Respectfully submitted, Linda Lee Smith Recording Secretary Page 4 of 4 ZBA 05/31/2017