Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS MAY 8, 2018 Meeting Minutes The regular meeting of the City of Norwich Zoning Board of Appeals was called to order at 7:08 p.m. Roll call was taken. PRESENT: Marc Benjamin, Chairman Henry Olender, Vice Chairman Peter Curprak Dorothy Travers Robert Phoenix, Alternate David Martin, Alternate ABSENT: Mark Kulos OTHERS: Richard Shuck, Zoning Enforcement Officer, and Linda Lee Smith, Recording Secretary Marc Benjamin stated a quorum was present and called the meeting to order and seated Robert Phoenix. D. COMMUNICATIONS – None E. ACCEPTANCE OF MINUTES A motion was made by Robert Phoenix to APPROVE the minutes of the April 10, 2018 meeting with the footnote date amended to read 04/16/18. Second by Peter Cuprak. The motion passed unanimously. F. OLD BUSINESS: None G. NEW BUSINESS: Marc Benjamin opened the public hearing 1. V# 18-03: 26 Maplewood Court. Request for Variance to ZR Section 4.8.3. to construct a 6.5 ft. X 23 ft. addition on a dwelling with is a non-conforming use in a commercial zone; and ZR Section 2.1 to locate a 12 ft. X 4 ft. deck & associated 4 ft. X 4 ft. staircase located 16 ft. from the property line where 50 ft. is required. Property of Teresa Watson; Application of Teresa Watson; Assessor’s Map 122, Block 1, Lot 14, Zone PC. Richard Shuck entered into the record Exhibits “A-L”. Dave Smith, Contractor, The Dependable Group, 88 School Street, Taftville, CT 06380 represented the property owner, Teresa Watson. He was requesting the Variance do to the fact the zone of the neighborhood had been changed years ago to commercial making a Variance a requirement. Marc Benjamin said that no matter what he wanted to do the property is nonconforming. 1 of 4 Robert Phoenix asked Richard Shuck, ZEO if the front yard setback on the property was 50’. Richard stated no its 65’ from the front yard. The 50’ setbacks are from the sides. Richard said the setback is 50’ on the sides and 25’ from the rear. Robert Phoenix said the side setbacks are 50’ on a 90’ wide lot. Robert Phoenix asked Dave Smith how far the street was the front of the house. Richard Shuck and Dave Smith both agreed it was about 52’. Robert asked if the addition and the deck were going on the rear. Dave said yes it would square off the nook for the addition. Robert asked if the 16’ was for the entire space. Richard Shuck stated the 16’ is to the edge of the stairs and it stops 2’ short the side of the building. Robert Phoenix asked Dave what the addition would be used for. Dave stated its going to be a man cave with a wet bar, no cooking facilities except a refrigerator and sink and open interior space. Marc Benjamin asked Richard Shuck if he knew what the old zoning was before it changed to Planning Commercial setbacks. Richard said no. Marc asked Richard if it would be reasonable to say the house was built in compliance with zoning regulations. Richard thought it could have been R20 with 10’ or 20’ side yard setbacks. Marc Benjamin said when a superstore was going to come in many years ago near the cemetery, and it made everyone that lives there nonconforming. Dave said all the houses sit on the same size lot, and all the same spacing from the property line and not visible from the street, and it wouldn’t impact the side yard setback or he’s not extending any more to the rear yard setback than it already does because it is considered infill, except for the stairs. Rosemarie Lagasse, property owner next door 30 Maplewood Ct spoke in opposition. She had questions about the stairs and wanted clarification on the project. Marc Benjamin explained they wouldn’t be going out any further than the house, in fact they would be 2’ in from the edge of the house. Rosemarie had concerns about her in ground sprinklers as they have been run over when other work had been done. Marc Benjamin stated from the corner of their house to the property line was 14’. Rosemarie said it would give her only 4’ she didn’t think that was correct. Richard Shuck said that was the City’s GIS map showed. Dennis Lagasse, 49 South Fifth Avenue, Taftville, CT 06380. Dennis said his mother bought the property about 3 years ago. He said she recently got approval to install a fence but she didn’t think her house was only 4’ from the property line. There was some discrepancy on the property lines as she said her sprinklers were on the property line. Discussion ensued. Dennis was concerned because the neighbors park on the lawn, and the amount of foot traffic from the neighbors, and the proximity to Rosemarie’s bedrooms with shining headlights. Marc Benjamin reiterated the Lagasse’s concerns were the traffic and proximity to their house and where the property line is located. Marc said only a surveyor can determine the exact location of the property line. Page 2 of 4  Robert Phoenix asked what Rosemarie’s concerns were. Rosemarie was concerned about losing her privacy and the neighbor’s stairs would be going down towards her property. Dave Smith stated he understood Ms. Lagasse’s concerns. He did bring an excavator through the side yard to do the test pits for Uncas Health District and didn’t have any problems getting it to the back yard. He also said he could relocate the stairs anywhere. Marc Benjamin asked Dave Smith if they wanted him to turn the stairs to appease the neighbor if he wouldn’t have any problems with it. Dave Smith said no he’d be willing to relocate the stairs. Marc Benjamin stated because of the possible discrepancy in the property line, the variance is going to be based on the line from the City’s GIS that is correct and can’t go any further. 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# 18-03: 26 Maplewood Court. Request for Variance to ZR Section 4.8.3. to construct a 6.5 ft. X 23 ft. addition on a dwelling with is a non-conforming use in a commercial zone; and ZR Section 2.1 to locate a 12 ft. X 4 ft. deck & associated 4 ft. X 4 ft. staircase located 16 ft. from the property line where 50 ft. is required. Property of Teresa Watson; Application of Teresa Watson; Assessor’s Map 122, Block 1, Lot 14, Zone PC. Marc Benjamin said he would open the meeting and then recuse himself sat David Martin in his place. Robert Phoenix made a motion to APPROVE for discussion V18-03. Second by Dorothy Travers Robert said hearing the objection from the neighbor and associated with her concerns we’re here to speak on the merits of the construction to the variance, the conditions found on the property based after the fact of the change of zoning from residential to planned commercial. Robert said if he was to go forward with a complete approval request the 4x4 staircase would be relocated on the deck to be positioned away from the neighbor’s property which was her concern. Henry Olender stated 28’ from boundary line the set of stairs would start. Richard Shuck stated he had a suggestion with discrepancy of the property line that the improvement is not outside or extending past the plane of the house. The legal notice was written 16’ from the property line. Richard Shuck stated the deck and stairs be no closer than 2’ off the house. Robert Phoenix withdrew his original motion. Robert Phoenix made a motion to APPROVE the Variance with the condition that the 4x4 staircase to be located off the rear of the deck and that the deck was to be constructed no closer than 6 ft. from the edge of the house as shown in Exhibit “G”. Page 3 of 4  Peter Cuprak second. David Martin stated the neighborhood is zoned commercial but is clearly residential so the infill addition and the deck is a reasonable request and none of the improvements go any closer to the property line than the existing house. He also stated to the best of the Boards ability they have addressed the issues the neighbor had with the staircase. Voting in favor Henry Olender, Dorothy Travers, Peter Cuprak, Robert Phoenix, and David Martin I. OTHER MATTERS: None J. ADJOURNMENT A motion was made by Robert Phoenix to adjourn at 7:51p.m. It was second by Dorothy Travers. The motion carried unanimously. Respectfully submitted, Linda Lee Smith Recording Secretary Page 4 of 4