Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS JULY 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: Mark Kulos Peter Curprak Dorothy Travers Robert Phoenix, Alternate ABSENT: Marc Benjamin, Chairman David Martin, Alternate OTHERS: Richard Shuck, Zoning Enforcement Officer, and Linda Lee Smith, Recording Secretary Linda Lee Smith asked Mark Kulos if he would chair the meeting in the absence of Marc Benjamin, Chairman. D. COMMUNICATIONS – None E. ACCEPTANCE OF MINUTES Robert Phoenix made a motion to approve the minutes of the June 12, 2018 meeting with the typographical error “motion” to be replaced with “moment”. Dorothy Travers second. Motion carried unanimously. F. OLD BUSINESS: None G. NEW BUSINESS: Mark Kulos opened the public hearing Mark Kulos explained to everyone in attendance that the board only had four voting members. He stated that under the rules of the Zoning Board of Appeals for the State of Connecticut an affirmative vote of 4 members is required to approve a variance. He also stated the applicants have the option of continuing their Variance application to the next meeting. Otherwise you would have to get a unanimous vote of 4 members. If you have 1 negative vote with the 4 members you would have to reapply. Mr. Kulos asked if anyone wanted to opt out of tonight’s meeting. Attorney Mark Block stated on behalf of his client Darwin Gebbie for V#18-07 he would like to have the hearing postponed due to the fact that there were not 5 members in attendance. It will be at a special meeting of the ZBA to be scheduled Tuesday, July 17, 2018 at 7:00 p.m. Some members of the public that had come for the V18-07 were unhappy because the application couldn’t be heard this evening and moved forward tonight. Mark Kulos stated it’s following the Robert’s rules of order and procedures. There was one member in the audience who had requested a microphone and amplifier for the next meeting. Robert Phoenix had requested that they call the Planning Office a day before the meeting to remind them to have a microphone and amplifier for the meeting. 1 of 4 Mark Kulos also asked Mr. Dasilva if he wanted to continue his case until next month. Mr. Dasilva stated he understood and wanted to continue it this evening. 1. V# 18-04: 37 Rogers Ave. Request for Variance to ZR Section 1.1 Residential Bulk Requirements, to construct a 6 ft. X 14 ft. 5 in. landing with associated staircase 21 in. from the East property line where 15 ft. is required and reduce the required front yard setback to 0 where 30 ft. is required. Property of Aurelio L. Dasilva & Lois C. Dasilva - Knapton; Application of Lois Dasilva - Knapton Assessors Map # 118, Block # 3 Lot # 14, R-20 Zone Richard Shuck entered into the record Exhibits “A-O”. Mr. Dasilva stated he lives at 45 Rogers Avenue, he is the property owner of 37 Rogers Avenue. Mr. Dasilva stated he needs the variance as he built a deck with stairs and didn’t get a permit. Richard Shuck, ZEO spoke for Mr. Dasilva. Mr. Shuck stated Mr. Dasilva did the work without a permit. Mr. Shuck and Mr. Arpin, Building Official found the landing at the top of the stairs Exhibit “J” and the stairs going down the back. Mr. Shuck stated below the landing were 3-4 concrete stairs to a very steep concrete ramp which runs down the side of his house. Mr. Shuck explained that Mr. Dasilva was trying to build a landing with some stairs to make a safer situation going down the back. Mr. Shuck stated Mr. Dasilva didn’t realize he needed a permit, but as soon as Mr. Shuck told them they needed permits they came in and applied. Mark Kulos asked Mr. Shuck if it was already built. Mr. Shuck stated yes. Mr. Kulos asked if the Building Official was happy with the construction and up to code. Mr. Shuck stated for the most part but with a couple minor issues. Robert Phoenix asked Mr. Dasilva what material is underneath the deck. Mr. Dasilva stated it was concrete old 3 steps and then a big ramp. Mr. Phoenix stated that he took the wood pushed it out and created the step down. Mark Kulos asked the existing concrete stairs were left there. Mr. Dasilva stated yes. Mark Kulos said from the picture you can see the steep incline. Mr. Kulos stated they were steep stairs and Mr. Dasilva improved the condition of the stairs and made them safer. Mr. Dasilva stated yes. Mr. Kulos asked if the stairs could have been built anywhere else. Mr. Dasilva said no. Robert Phoenix asked if the entire property is 40’. Richard Shuck stated yes the entire property is 40’ wide. Mark Kulos said he doesn’t have the width to put the stairs anyplace else. Richard Shuck stated he couldn’t put it on the other side of the house because there is a chimney there. Ashley Bradicich, 45 Rogers Avenue spoke in favor of the application. She stated before the stairs were built seriously steep concrete and not even a handicap ramp and couldn’t walk down safely. Mark Kulos asked if there was any railing with the old stairs. Ashley stated no it was like someone dumped concrete down the hill. This has been such an improvement. Peter Cuprak made a motion to close the Public Hearing. Robert Phoenix second. Motion carried unanimously. Page 2 of 4  2. V#18-07: 2 West Ledge Drive. Request for Variance to ZR Sec. 4.8.7 for relief from the square footage and cubical content requirement to allow for the replacement of two non- conforming structures within a multifamily housing development with four structures; and relief from ZR Sec. 6.4.1 to allow for the new structures to maintain the previous density in the units of 1 /3,188 sf. and number stories of 3. Property of Peachtree Limited Partnership; Application of Darwin C. Gebbie, Assessors Map # 117, Block # 1 Lot # 14, MF Zone Postponed until July 17, 2018. H. DISCUSSION / DECISION ON APPLICATIONS 1. V# 18-04: 37 Rogers Ave. Request for Variance to ZR Section 1.1 Residential Bulk Requirements, to construct a 6 ft. X 14 ft. 5 in. landing with associated staircase 21 in. from the East property line where 15 ft. is required and reduce the required front yard setback to 0 where 30 ft. is required. Property of Aurelio L. Dasilva & Lois C. Dasilva - Knapton; Application of Lois Dasilva - Knapton Assessors Map # 118, Block # 3 Lot # 14, R-20 Zone Dorothy Travers made a motion to Approve V18-04. Dorothy Travers stated he has improved the property as to the condition prior to putting the stairs in. Dorothy stated it was actually a liability. She also said the property is small. Peter Cuprak stated from a safety standpoint it could have been a dangerous situation with a little ice on it. Peter said there was no other location for the landing and stairs; and it’s a big improvement and for the safety of the child. Robert Phoenix stated the hardships were through the observed pictures with the incline, topography, and stairs it created a gross safety issue for any occupant or anyone trans versing the property. Robert said it outlines the hardship and improvement, and had commenced without a permit. Robert said it’s a vast improvement for safety and access to the property. Mark Kulos stated the hardships are the topography and small size of the lot, and this is the only place on the lot to put the stairs. Mark also said there is a steep drop off and an incline, and it greatly improves the safety aspect and great improvement, and visually looks appealing from the road. He also stated he has greatly improved the property and it’s the best use of the ramp to the stairs to the property. After much discussion second by Peter Cuprak. Motion carried unanimously. Voting in favor, Mark Kulos, Dorothy Travers, Peter Cuprak, and Robert Phoenix 2. V#18-07: 2 West Ledge Drive. Request for Variance to ZR Sec. 4.8.7 for relief from the square footage and cubical content requirement to allow for the replacement of two non-conforming structures within a multifamily housing development with four structures; and relief from ZR Sec. 6.4.1 to allow for the new structures to maintain the previous density in the units of 1 /3,188 sf. and number stories of 3. Property of Peachtree Limited Partnership; Application of Darwin C. Gebbie, Assessors Map # 117, Block # 1 Lot # 14, MF Zone Page 3 of 4 I. OTHER MATTERS: Mark Kulos stated the Special Meeting Tuesday, July 17, 2018 at 7:00 p.m. J. ADJOURNMENT A motion was made by Peter Cuprak to adjourn at 7:28p.m. It was second by Dorothy Travers. The motion carried unanimously. Respectfully submitted, Linda Lee Smith Recording Secretary Page 4 of 4