Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS July 11, 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 Dorothy Travers Peter Curprak Robert Phoenix, Alternate ABSENT: David Martin, Alternate OTHERS: Richard Shuck, Zoning Enforcement Officer, and Linda Lee Smith, Recording Secretary Marc Benjamin stated that all five regular members would be seated. D. COMMUNICATIONS Marc Benjamin noted that the CCP had sent back a favorable recommendation for 204 Sturtevant Street. Marc Benjamin also noted that Peter Cuprak had been reappointed from an alternate to a regular member. E. ACCEPTANCE OF MINUTES Henry Olender and Marc Benjamin had a couple inaccuracies in the minutes that required them to be amended. These changes were to delete Brandon Hyde from those present, and to change on page 2 the concrete has been to “will be” removed. A motion was made by Henry Olender to APPROVE the minutes of the May 9, 2017 with the corrections as presented. Second by Robert Phoenix. The motion passed unanimously. F. OLD BUSINESS: None G. NEW BUSINESS: Chairman Benjamin opened the public hearing 1. Application #V17-02: 253 North Wawecus Hill Road. Request for variance of Sec. 1.1 to construct a 20 ft. x 26 ft. garage within 30 ft. of the northerly property line where 40 ft. is required. Application and property of James K. Procious and Linda J. Procious. Assessor’s Map 98, Block 1, Lot 20, Zone R80 Richard Shuck entered into the record Exhibits “A-I”. James and Linda Procious, property owners, presented their application to the board. Mrs. Procious stated they have a 10’ x 12’ shed that will be removed and they are requesting to 1 of 5 ZBA 07/12/2017 build a 20’ x 26’ garage. She stated they have lived in their house for 40 years, and a few years ago the zoning had changed from R40 to R80. Mr. Procious stated the lot is 60,000 sq. ft. with a lot of ledge on the side and front, and the septic and dry wells are to the rear of house. Mark Kulos asked if their neighbors had any issues with the garage being constructed. Mr. Procious stated no. He also asked if there was screened woods between the lots. Mr. Procious stated yes. Marc Benjamin asked for clarification on the plot plan if the yellow highlighted area was the location of the existing shed. Mr. Procious said no but it’s pretty close. Mr. Procious stated the shed is closer to the property line than what he is requesting to do. Marc Benjamin stated the shed is more nonconforming than the garage will be. The shed is about 18-20’ from the property line. Mark Kulos stated that he would be reducing the amount of nonconformity with the new structure being built. Marc Benjamin asked how far from the house would the garage be located. Mr. Procious stated 4’-6’ enough for a walkway. Marc Benjamin asked if it wouldn’t be 10’ so it would be enough to meet the 40’. Mr. Procious stated no. There being no other speakers the public hearing was closed. Robert Phoenix made a motion to close the Public Hearing. Mark Kulos seconded the motion. Motion carried unanimously. Chairman Benjamin opened the public hearing 2. Application #V17-03: 204 Sturtevant Street. Request a variance of Sec. 2.2 for a use variance to allow for indoor storage of RV, campers, boats and autos. Application and property of 204 Sturtevant Street LLC. Assessor’s Map 67, Block 3, Lot 19, Zone NC Richard Shuck entered Exhibits “A-N” Paul Breglio, member of 204 Sturtevant St. LLC, 38 Groveway, Clinton, CT. Richard Shuck stated with the application received it was determined it needed to be referred to CCP. The original the notices were sent out for that meeting even though we didn’t have the meeting. Then it was put on the agenda for the July meeting. Mr. Shuck stated he had received all the receipts for the original meeting, but he was missing some of the abutter notices for the meeting tonight. Mr. Shuck stated it was the same list, but the applicant couldn’t verify the notifications were sent to everyone. Marc Benjamin stated that he had discussion with Richard Shuck earlier in the day and had recommended the ZBA open the meeting and continue it without taking testimony because they didn’t want to open and move on it with the possibility it could end in litigation and tie it up even longer. Marc Benjamin recommended Paul Breglio ask the board for a continuance. Mr. Breglio asked the board for a continuance until the August meeting. Marc Benjamin didn’t want to discuss testimony so if there were any of the membership changes from one meeting to another everyone would be hearing the same. Page 2 of 5 ZBA 07/12/2017 Richard Shuck stated he will type a form letter to the abutters to explain the variance to the abutters so there wouldn’t be any confusion. Henry Olender was concerned the applicant is trying to develop a piece of property and would have to wait until the August meeting. Mr. Olender asked if the board could schedule a special meeting. Richard Shuck stated it would be up to the board. Paul Breglio stated he appreciated the board trying to get a special meeting scheduled but he stated the August meeting would be fine. A motion was made by Peter Cuprak, second by Dorothy Travers to Continue until the August meeting. Motion carried unanimously. Chairman Benjamin opened the public hearing 3. Application #V17-04: 51-53 Broadway. Request for variance of Sec. 6.5.2 of the zoning regulations to allow for the construction of a one single bedroom dwelling unit below the first floor in a mixed use property. Application and property of 26-28 Broadway LLC. Assessor’s Map 102, Block 3, Lot 40, Zone CC Richard Shuck entered into the record Exhibits “A-H” Randy Persaud, 212 Betts Ave., Bronx, NY 10473. Mr. Persaud explained the building is mixed use, and they’re developing three buildings within the neighborhood and would like to have a place for the superintendent. The basement is 2300 sq. ft., 1500’ allotted for the regular zoning storage facility for commercial space and a mechanical room. Mr. Persaud stated there was an original loading dock in the back, but when they built the municipal parking lot they blocked off the loading dock and it’s no longer available for the commercial space. Henry Olender asked if the superintendent apartment could have a family. Mr. Persaud stated it is a one bedroom 800 sq. ft. Mark Kulos asked if he had spoken to the Fire Marshal. Mr. Persaud stated yes he had been in touch with Jim Roberts, Fire Marshal, Greg Arpin and Jim Troeger in the Building Department and the architect. Mr. Persaud stated the building is going to be completely sprinkled. Marc Benjamin stated zoning doesn’t allow an apartment in the basement. It is supposed to be storage for the commercial units on the first floor. The commercial units are going to remain. The only thing sacrificing is their storage for the commercial space and putting a basement apartment in for the superintendent’s use. Mark Kulos asked about the mechanical room in the basement and is it going to serve the commercial space. Mr. Persaud said the mechanical room will serve the entire building for the residential will have combination tankless water heaters, separate electrical meters for all the units in the building. Randy Persaud stated all the heating and air conditioning units will be placed on the rooftop. Page 3 of 5 ZBA 07/12/2017  Robert Phoenix asked if the superintendent’s position was salaried. Randy Persaud stated they will be paying some salary, it will be free rent for the service. They’re not looking at it as a monetary situation but someone who can manage the buildings for them. There being no other speakers the public hearing was closed. Mark Kulos made a motion to close the Public Hearing. Dorothy Travers seconded the motion. Motion carried unanimously. H. DISCUSSION / DECISION ON APPLICATIONS 1. Application #V17-02: 253 North Wawecus Hill Road. Request for variance of Sec. 1.1 to construct a 20 ft. x 26 ft. garage within 30 ft. of the northerly property line where 40 ft. is required. Application and property of James K. Procious and Linda J. Procious. Assessor’s Map 98, Block 1, Lot 20, Zone R80 Dorothy Travers made a motion to APPROVE #V17-02 based on the applicant’s hardships with the size of the property, the location of the septic system and well, and they have a lot of ledge. Peter Cuprak second, and stated their hardship is the ledge. Mark Kulos said they are reducing the amount of nonconformity by removing the shed which is in non-conforming space and building at least partially in conforming space. The amount of the nonconformity will be reduced by this new construction and the fact the hardship is the outcropings of ledge around the property and the position of the septic systems and dry wells to the rear of the house. This is the only position to place the garage. Marc Benjamin stated 2 years ago there was a 30’ setback and they’re going to 31’. The City changed the zone from R40 to R80. Mr. Benjamin stated it’s a reasonable use, the garage is only 20’ wide, and it’s only 9’ that is encroaching on the set back. They don’t have 9’ to push it towards the house. Marc Benjamin stated between the ledge, the setbacks, and the zone change, the applicants had a legitimate hardship. After discussion the motion to approve carried unanimously, 2. Application #V17-03: 204 Sturtevant Street. Request a variance of Sec. 2.2 for a use variance to allow for indoor storage of RV, campers, boats and autos. Application and property of 204 Sturtevant Street LLC. Assessor’s Map 67, Block 3, Lot 19, Zone NC Marc Benjamin stated this has been Continued until the August meeting. 3. Application #V17-04: 51-53 Broadway. Request for variance of Sec. 6.5.2 of the zoning regulations to allow for the construction of a one single bedroom dwelling unit below the first floor in a mixed use property. Application and property of 26-28 Broadway LLC. Assessor’s Map 102, Block 3, Lot 40, Zone CC Mark Kulos made a motion to APPROVE #V17-04 for a use variance to allow for a single 1 bedroom dwelling unit below the first floor in this mixed use property. The hardship Page 4 of 5 ZBA 07/12/2017  being it’s the best use of the property, it could be used for storage however it would maximize the use and will improve the neighborhood. This will definitely improve the area. There was no objection by Fire Dept. and Building Department. Second by Dorothy Travers. Motion carried unanimously. Dorothy Travers stated the mixed use is a positive for Norwich. The owner is getting a superintendent to watch the facility, and Mr. Persaud is taking some initiative following through with the Fire and Building Dept. She also stated they are utilizing every space available with the air conditioners and gas units on the roof. Peter Cuprak was impressed with the project which includes sprinklers. Henry Olender stated with the 24 hour superintendent this project has been excellently thought out. Marc Benjamin stated he supports it and sometimes we have to look for other solutions besides the zoning regulations and what is best for moving projects forward. This certainly does and this will only enhance the project as a whole. The applicant in his application sighted unusual siting and grade changes as his hardships. It could have been used for loading and storage but the loading dock was taken away from him long before he bought the property. He’s found a unique use to maximize the space. After discussion motion to approve carried unanimously. I. OTHER MATTERS: J. ADJOURNMENT A motion was made by Henry Olender to adjourn at 7:46 p.m. It was second by Dorothy Travers. The motion carried unanimously. Respectfully submitted, Linda Lee Smith Recording Secretary Page 5 of 5 ZBA 07/12/2017