Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS JANUARY 9, 2018 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 Robert Phoenix, Alternate David Martin, Alternate ABSENT: Peter Curprak OTHERS: Richard Shuck, Zoning Enforcement Officer, and Linda Lee Smith, Recording Secretary Marc Benjamin stated since Mark Kulos wasn’t present the 3 regular members would be seated and Robert Phoenix and David Martin would be seated for the alternates. Mark Kulos arrived at 7:09 p.m. D. COMMUNICATIONS – Marc Benjamin stated the agenda had been revised to reflect the addition of the election of officers pursuant to ZBA By-Laws. Marc Benjamin stated Linda Lee Smith had received an email communication from Mark Kulos for corrections to the last large paragraph on page 3 of the November 14, 2017 minutes to be amended which Linda Lee-Smith read it into the record. E. ACCEPTANCE OF MINUTES A motion was made by Robert Phoenix to APPROVE the minutes of the November 14, 2017 meeting as amended. Second by Dorothy Travers. The motion passed unanimously. F. OLD BUSINESS: None G. NEW BUSINESS: Chairman Benjamin opened the public hearing 1. V# 17-11 – Application of Nina Barclay and Russell Versteeg for property located at 1 Lathrop Lane, in a Residential (R40) zoning district. Assessor’s Map #68, Block #2, Lot #56. Request a variance of Sec. 1.1 Residential Bulk Requirements to enlarge existing 8 ft. X 8 ft. deck and associated stairs to 24 ft. x 16 ft. deck with associated stairs, 6 ft. from the southerly property line and 15ft. from the northerly property line where 30’ is required for both setbacks. Richard Shuck entered into the record Exhibits “A-L”. Richard Shuck also entered Exhibit “M” into the record a letter of support from neighbor Nadine McBride, 389 Washington Street. Nina Barclay, property owner presented. Nina stated she would like to add on to the current 8’ x 8’ porch that has deteriorated with a new deck 8’ x 16’ and rounding the corner off the house with an 8’ x 10’ deck and associated stairs. She stated it was because of the interior 1 of 3 ZBA 01/12/2018  work and staircase they needed to move the door and increase the deck to make an L off the corner of the house. Nina stated when she read the zoning description 24’ x 16’ she thought it sounded huge because its 24’ x 8’ and rounding the corner 16’ x 8’. She stated because the house is located so close to the property it makes it very difficult for her to do anything without a variance. She also stated it would allow for better emergency access than exiting out of a very steep hill. It makes better recreational use and extend it for safer use for egress. Mark Kulos questioned on the plan it shows 10’ wide on the back portion, and also stated the deck isn’t 24’ x 16’. He stated she is wrapping an 8’ wide deck that turns the corner. Nina stated she could do 8’ instead. Marc Benjamin stated it was 8’ that was advertised and that would be all the board could allow her to do. Discussion ensued. Richard Shuck stated the only new improvement was the yellow highlighted area. David Martin asked Nina if the 3 hash marks on Exhibit “F” were stairs. Nina stated yes. Mark Kulos asked if the back triangle part of the property was it wooded. Nina stated yes. Mr. Kulos asked if there was any possibility of the neighbors seeing the deck. Nina stated her property abuts the Kalla’s house by the pool and the neighbors on Harland Road have a 6’ pool fence and with many natural trees for privacy. David Martin asked about replacing a new door. Nina stated she is replacing a window where there is a door and a door where there is a window. Robert Phoenix stated it’s a logistic nightmare with the position of the original cottage house on the property. Henry Olender asked if her house was very high compared to her neighbors. Nina stated it’s probably at least 1 story. There being no other speakers the public hearing was closed. Robert Phoenix made a motion to close the Public Hearing. David Martin seconded the motion. Motion carried unanimously. H. DISCUSSION / DECISION ON APPLICATIONS 1. V# 17-11 – Application of Nina Barclay and Russell Versteeg for property located at 1 Lathrop Lane, in a Residential (R40) zoning district. Assessor’s Map #68, Block #2, Lot #56. Request a variance of Sec. 1.1 Residential Bulk Requirements to enlarge existing 8 ft. X 8 ft. deck and associated stairs to 24 ft. x 16 ft. deck with associated stairs, 6 ft. from the southerly property line and 15ft. from the northerly property line where 30’ is required for both setbacks. Motion was made by Dorothy Travers to grant the variance. Robert Phoenix second. Dorothy Travers stated the hardship was the topography of the land, and including the height difference from her property to the adjacent house. Dorothy stated she is enlarging the deck which is much deteriorated and replacing the door with a window and where the chimney is she is replacing a door where there was a window. She also stated the size of the property Page 2 of 3 ZBA 01/12/2018  and the house is located close to the property lines. She stated there were quite a few trees and there wouldn’t be any problems with the adjacent property with a pool and fence. Robert Phoenix stated this is a necessity to accommodate the requirements of the building code for the interior renovations. The hardship being the entire house is in the setbacks. Marc Benjamin stated the location of the house on the property is nonconforming. After discussion motion carried unanimously. Voting in favor Marc Benjamin, Henry Olender, Dorothy Travers, David Martin, and Robert Phoenix. I. OTHER MATTERS: By-Laws A copy of the by-laws were distributed. Marc Benjamin stated they would vote on the election of the Chairman and Vice Chairman. Motion was made by Dorothy Travers to re-elect present Chairman, Marc Benjamin. There being no other nominations. Robert Phoenix second. Secretary will cast 1 ballot for Marc Benjamin as to Robert’s rules. Motion carried unanimously. Motion was made by Robert Phoenix to reelect Henry Olender Vice Chairman. There were no other nominations. David Martin second. Secretary will cast 1 ballot for Henry Olender as to Robert’s rules. Motion carried unanimously. J. ADJOURNMENT A motion was made by Robert Phoenix to adjourn at 7:26 p.m. It was second by Mark Kulos. The motion carried unanimously. Respectfully submitted, Linda Lee Smith Recording Secretary Page 3 of 3 ZBA 01/12/2018