Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS APRIL 10, 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 Peter Curprak Robert Phoenix, Alternate David Martin, Alternate ABSENT: Mark Kulos Dorothy Travers OTHERS: Richard Shuck, Zoning Enforcement Officer, and Linda Lee Smith, Recording Secretary Marc Benjamin called the meeting to order and the five members present would be voting. D. COMMUNICATIONS – Memorandum from Richard Shuck to the board members with Section 4.14 of the zoning regulations for accessory structures shall be located not nearer than ten feet to any lot line when located in the rear yard. E. ACCEPTANCE OF MINUTES A motion was made by Robert Phoenix to APPROVE the minutes of the February 13, 2018 meeting. Second by David Martin. The motion passed unanimously. F. OLD BUSINESS: None G. NEW BUSINESS: Marc Benjamin opened the public hearing 1. V# 18-02 – Application of Gina Donovan and Michael Donovan, for property located at 5 Geer Avenue, in a Multi Family (MF) zoning district. Assessor’s Map #117, Block #3, Lot #38. Request a variance of Sec. 1.1 Residential Bulk Requirements for the installation of a 12’ x 20’ above ground pool within 4 ft. of the property line. Richard Shuck entered into the record Exhibits “A-J”. Richard Shuck also entered Exhibit “K” into the record this evening two photos of the area. Gina and Michael Donovan, property owners presented. Gina Donovan stated they would like to install an aboveground pool. Michael Donovan stated he wants to put it adjacent to an existing cement patio and wants to join it to a very limited space. They have a bulkhead from the basement that restricts them from the 10’ setbacks. Marc Benjamin asked for clarification on the location of the pool. Mr. Donovan stated they would like it to go against the hedges, a foot from the property line in. Mr. Donovan stated the pool installers will need 3’ working space for maintenance it would be a minimum of 4’. 1 of 3 ZBA 02/20/2018  Marc Benjamin stated that they would be coming in 4’ off the property line into their property. They are looking for a 12’ x 16’ or 12’ x 20’ it would be close to the bulkhead and property line. David Poore asked how far the garage is off the property line. Richard Shuck stated it measures 4’. Marc Benjamin said it would be no closer to the property line than the garage is. Marc Benjamin stated the pool is going to maintain the same line as the garage. Gina Donovan explained her project, one of the abutters is her daughters lot which is 273 West Thames St. Discussion ensued. Marc Benjamin asked why they couldn’t put the pool out in the backyard. Mr. Donovan said beyond the garage it is a fairly large lot but its depressed and one point a brook ran through it and in wet weather it gets pretty saturated. Mr. Donovan said he was advised it wouldn’t be a good spot; it would give access from the patio, as they have access from the house. Henry Olender asked how far it was from the pool to the house next door. Lot 36 they also have a pool and deck. Richard Shuck measured it and he said it measured 90’ from the pool to the corner of the garage at lot 36. Henry Olender said they already have a pool there as well. Marc Benjamin stated there is a Bilco bulkhead, the wet depression area and the garage, and a city lot with limited land are the hardships. Robert Phoenix asked if he had the pool company out to look at his property as he had concerns about the overhead power lines. Mr. Donovan stated they would be either run underground or to the end of the garage. It would be rerouted by the electrician. Marc Benjamin asked for clarification on the 1.1 Residential Bulk Requirements. He asked if it was for lot usage or just the distance. Richard Shuck stated it’s for the distance, 1.1 is not the bulk requirements but for side yard setback relief. There being no other speakers the public hearing was closed. 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# 18-02 – Application of Gina Donovan and Michael Donovan, for property located at 5 Geer Avenue, in a Multi Family (MF) zoning district. Assessor’s Map #117, Block #3, Lot #38. Request a variance of Sec. 1.1 Residential Bulk Requirements for the installation of a 12’ x 20’ above ground pool within 4 ft. of the property line. Motion was made by Robert Phoenix to grant the variance. David Martin second. Page 2 of 3 ZBA 02/20/2018  Robert Phoenix stated their hardships were the rear of the property and he had checked the google map site which showed how very heavily wooded with trees in the back which makes it very difficult; and mostly because of the limitations of the siting of the requested pool. David Martin stated the location of the existing building limits where they could locate the pool. After discussion motion carried unanimously. Voting in favor Marc Benjamin, Henry Olender, Peter Cuprak, Robert Phoenix, and David Martin I. OTHER MATTERS: None J. ADJOURNMENT A motion was made by Robert Phoenix to adjourn at 7:11p.m. It was second by David Martin. The motion carried unanimously. Respectfully submitted, Linda Lee Smith Recording Secretary Page 3 of 3 ZBA 02/20/2018  CITY OF NORWICH ZONING BOARD OF APPEALS APRIL 10, 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 Peter Curprak Robert Phoenix, Alternate David Martin, Alternate ABSENT: Mark Kulos Dorothy Travers OTHERS: Richard Shuck, Zoning Enforcement Officer, and Linda Lee Smith, Recording Secretary Marc Benjamin called the meeting to order and the five members present would be voting. D. COMMUNICATIONS – Memorandum from Richard Shuck to the board members with Section 4.14 of the zoning regulations for accessory structures shall be located not nearer than ten feet to any lot line when located in the rear yard. E. ACCEPTANCE OF MINUTES A motion was made by Robert Phoenix to APPROVE the minutes of the February 13, 2018 meeting. Second by David Martin. The motion passed unanimously. F. OLD BUSINESS: None G. NEW BUSINESS: Marc Benjamin opened the public hearing 1. V# 18-02 – Application of Gina Donovan and Michael Donovan, for property located at 5 Geer Avenue, in a Multi Family (MF) zoning district. Assessor’s Map #117, Block #3, Lot #38. Request a variance of Sec. 1.1 Residential Bulk Requirements for the installation of a 12’ x 20’ above ground pool within 4 ft. of the property line. Richard Shuck entered into the record Exhibits “A-J”. Richard Shuck also entered Exhibit “K” into the record this evening two photos of the area. Gina and Michael Donovan, property owners presented. Gina Donovan stated they would like to install an aboveground pool. Michael Donovan stated he wants to put it adjacent to an existing cement patio and wants to join it to a very limited space. They have a bulkhead from the basement that restricts them from the 10’ setbacks. Marc Benjamin asked for clarification on the location of the pool. Mr. Donovan stated they would like it to go against the hedges, a foot from the property line in. Mr. Donovan stated the pool installers will need 3’ working space for maintenance it would be a minimum of 4’. 1 of 3 ZBA 02/20/2018  Marc Benjamin stated that they would be coming in 4’ off the property line into their property. They are looking for a 12’ x 16’ or 12’ x 20’ it would be close to the bulkhead and property line. David Poore asked how far the garage is off the property line. Richard Shuck stated it measures 4’. Marc Benjamin said it would be no closer to the property line than the garage is. Marc Benjamin stated the pool is going to maintain the same line as the garage. Gina Donovan explained her project, one of the abutters is her daughters lot which is 273 West Thames St. Discussion ensued. Marc Benjamin asked why they couldn’t put the pool out in the backyard. Mr. Donovan said beyond the garage it is a fairly large lot but its depressed and one point a brook ran through it and in wet weather it gets pretty saturated. Mr. Donovan said he was advised it wouldn’t be a good spot; it would give access from the patio, as they have access from the house. Henry Olender asked how far it was from the pool to the house next door. Lot 36 they also have a pool and deck. Richard Shuck measured it and he said it measured 90’ from the pool to the corner of the garage at lot 36. Henry Olender said they already have a pool there as well. Marc Benjamin stated there is a Bilco bulkhead, the wet depression area and the garage, and a city lot with limited land are the hardships. Robert Phoenix asked if he had the pool company out to look at his property as he had concerns about the overhead power lines. Mr. Donovan stated they would be either run underground or to the end of the garage. It would be rerouted by the electrician. Marc Benjamin asked for clarification on the 1.1 Residential Bulk Requirements. He asked if it was for lot usage or just the distance. Richard Shuck stated it’s for the distance, 1.1 is not the bulk requirements but for side yard setback relief. There being no other speakers the public hearing was closed. 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# 18-02 – Application of Gina Donovan and Michael Donovan, for property located at 5 Geer Avenue, in a Multi Family (MF) zoning district. Assessor’s Map #117, Block #3, Lot #38. Request a variance of Sec. 1.1 Residential Bulk Requirements for the installation of a 12’ x 20’ above ground pool within 4 ft. of the property line. Motion was made by Robert Phoenix to grant the variance. David Martin second. Page 2 of 3 ZBA 02/20/2018  Robert Phoenix stated their hardships were the rear of the property and he had checked the google map site which showed how very heavily wooded with trees in the back which makes it very difficult; and mostly because of the limitations of the siting of the requested pool. David Martin stated the location of the existing building limits where they could locate the pool. After discussion motion carried unanimously. Voting in favor Marc Benjamin, Henry Olender, Peter Cuprak, Robert Phoenix, and David Martin I. OTHER MATTERS: None J. ADJOURNMENT A motion was made by Robert Phoenix to adjourn at 7:11p.m. It was second by David Martin. The motion carried unanimously. Respectfully submitted, Linda Lee Smith Recording Secretary Page 3 of 3 ZBA 02/20/2018