Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS FEBRUARY 13, 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: Henry Olender, Vice Chairman Dorothy Travers Peter Curprak Robert Phoenix, Alternate David Martin, Alternate ABSENT: Marc Benjamin, Chairman Mark Kulos OTHERS: Richard Shuck, Zoning Enforcement Officer, and Linda Lee Smith, Recording Secretary Henry Olender called the meeting to order and with the regular members who were present ands and Robert Phoenix and David Martin would be seated for Marc Benjamin and Mark Kulos. D. COMMUNICATIONS – Henry Olender stated the election of officers pursuant to ZBA By-Laws had been taken care of last month and the agenda hadn’t been revised. There was no new communications. E. ACCEPTANCE OF MINUTES A motion was made by Dorothy Travers to APPROVE the minutes of the January 9, 2017 meeting as amended. Second by Peter Cuprak. The motion passed unanimously. F. OLD BUSINESS: None G. NEW BUSINESS: Vice Chairman Henry Olender opened the public hearing 1. V# 18-01 - Application of The Hills at River View, LLC for property located at 101- 1710 River View Lane (aka 285 Taftville-Occum Road), in a Multi Family (MF) zoning district. Assessor’s Map #39, Block #1, Lot #1. Request a variance of Sec. 4.15 Fences to allow construction of a retaining wall which exceeds six feet in height above finished grade. Richard Shuck read the application into the record as 101-110 River View Lane. Robert Phoenix clarified that the address was 101-1017 River View Lane. Richard Shuck stated that was the correct address. Kevin Grindle, Anchor Engineering, 41 Sequin Drive, Glastonbury, CT, represented Darwin Gebbie, The Hills at River View. Mr. Grindle handed out Exhibit “J” detailed site plan layout original from 2011 and the revised plan. Mr. Grindle explained the first 2 pages are the most recent modified site plan and the last 2 pages were from the original plan approved in 2011. He explained the reason he was before the board was because the walls adjacent to the club house building were approved in 2011 with the retaining walls for that location being up to 25’ 1 of 3 ZBA 02/20/2018 tall. Mr. Grindle stated they went before CCP late last summer for a site plan modification and at that time he was optimistic with the site conditions that they could remove all walls from club house and buildings 12 and 13. He stated with the topography and excavation they performed they could be out of the ledge and rock conditions without the need for retaining walls. Mr. Grindle also stated, instead of 25’ high on the original approvals the maximum would be 16’. He explained the Sec. 4.5 retaining walls can’t exceed more than 6’ high. Mr. Grindle stated because of the significant grade change and to reduce walls throughout and fighting topography and making the best with the land. They had applied to CCP last fall and hoping to be underway construction buildings 12 and 13 this spring and the club house thereafter. Mr. Grindle stated he is comfortable with geotechnical investigation and engineered plans to the City and the walls could be attainable and constructed on site with most of the walls are below the 16’ but they do go up to 16’ what he has requested. Darwin Gebbie, 27 York Road, Lebanon, CT introduced himself as the developer of the project. David Martin asked if the regulations had changed since the 2011 approval. Richard Shuck stated the new regulations came into effect 2015. Mr. Shuck stated in the old regulations it stated fences; and in the new regulations it states fences and walls. Mr. Martin asked if in the old regulations they wouldn’t have to apply. Mr. Shuck explained the first two pages is the approved layout with one condition was the geotechnical survey. Mr. Shuck stated they do have a zoning permit for this phase. Mr. Shuck said with as a result of the geotechnical survey they would need to go before the Commission on the City Plan (CCP) to modify the plan with the retaining walls. Mr. Shuck stated the August plan didn’t have it on it and to move the buildings 20’ and add the retaining walls. Mr. Grindle stated the buildings were moved towards the north to eliminate seeing the ledge, and the reason for the walls. Mr. Grindle stated his hardship was Section 4.15 based on the excessive topography on the site, within the area of the buildings a 50’ elevation change trying to mitigate and get access roads parking areas and 3 buildings constructed. Marvin Beasley, 14 Elwood Lane, had questions and wanted clarification from Mr. Grindle as he is a neighbor and lives at the top of the hill. He asked where the blasting was going to be done. Mr. Grindle stated it’s mostly within the area of the building. Robert Phoenix explained to Mr. Beasley where the work was going to be taking place. Mr. Grindle stated with the currently approved plans and no plans to exceed number of buildings with limited disturbance as shown on their plan. Mr. Grindle showed where the 14,15,16,17 would continue under the powerlines which parallels highway. Mr. Beasley was concerned because when they come out of their back door they have trees and was concerned about their privacy. Mr. Beasley wanted to commend Mr. Gebbie for the progress and its success. He is in support. Valerie Plair, 14 Elwood Lane, she explained they are right in the back of the power lines. Robert Phoenix explained on the site plan and she wanted to continue to have privacy. Richard Shuck entered into the record Exhibits “A-I”. He also entered Exhibit “J” into the record this evening original and revised site plans from Anchor Engineering. There being no other speakers the public hearing was closed. Page 2 of 3 ZBA 02/20/2018  Robert Phoenix made a motion to close the Public Hearing. Peter Cuprak seconded the motion. Motion carried unanimously. H. DISCUSSION / DECISION ON APPLICATIONS 1. V# 18-01 - Application of The Hills at River View, LLC for property located at 101- 1710 River View Lane (aka 285 Taftville-Occum Road), in a Multi Family (MF) zoning district. Assessor’s Map #39, Block #1, Lot #1. Request a variance of Sec. 4.15 Fences to allow construction of a retaining wall which exceeds six feet in height above finished grade. Motion was made by Dorothy Travers to grant the variance. Robert Phoenix second. Dorothy Travers stated the hardship was the topography of the land, the changes in the zoning regulations, and they had to apply for the variance because of the height of the wall and it’s been carried forth a couple of years. David Martin stated the hardship is the topography and the changes to the zoning regulations. Peter Cuprak stated progress is our most important product. Robert Phoenix stated it’s because the zoning regulations have changed, it’s a good project that has come before the board. He also stated in granting this application they will improve the original plan from 25’ to 16’ walls. After discussion motion carried unanimously. Voting in favor Henry Olender, Dorothy Travers, Peter Cuprak, David Martin, and Robert Phoenix. I. OTHER MATTERS: Discussion and possible action for September 2018 ZBA meeting Richard Shuck stated the City Manager’s office wanted a September zoning meeting scheduled. Linda Lee-Smith explained there were two Jewish holidays in September. Discussion ensued. Motion was made by Robert Phoenix to schedule Tuesday, September 4, 2018 for a zoning board of appeals meeting. Second by Dorothy Travers. Motion carried unanimously. J. ADJOURNMENT A motion was made by Dorothy Travers to adjourn at 7:30 p.m. It was second by Peter Cuprak. The motion carried unanimously. Respectfully submitted, Linda Lee Smith Recording Secretary Page 3 of 3 ZBA 02/20/2018