Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS AUGUST 14, 2018 Meeting Minutes The regular meeting of the City of Norwich Zoning Board of Appeals was called to order at 7:05 p.m. Roll call was taken. PRESENT: Marc Benjamin, Chairman Mark Kulos Dorothy Travers Robert Phoenix, Alternate ABSENT: Peter Curprak David Martin, Alternate OTHERS: Richard Shuck, Zoning Enforcement Officer, and Linda Lee Smith, Recording Secretary Marc Benjamin called the meeting to order at 7:05 p.m. D. COMMUNICATIONS – None E. ACCEPTANCE OF MINUTES Robert Phoenix made a motion to approve the minutes of the July 17, 2018 meeting with the typographical errors “Pheonix” to be replaced with “Phoenix”, “March” to be replaced with Marc, and “Tavers” to be replaced with Travers. Marc Benjamin second as amended. Motion carried unanimously. F. OLD BUSINESS: None G. NEW BUSINESS: Mark Kulos opened the public hearing Marc Benjamin 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 voting unanimous is required to approve a variance. Marc stated they could open the public hearing and give each applicant the option of continuing their Variance application to the next meeting when there could be 5 voting members, but if they chose to continue this evening, they would have to a unanimous vote of 4 members (not a simple majority) for the motion to pass. 1. V#18-08: 539 Norwich Ave. Request for Variance to ZR Section 4.15 to construct an 8 ft. tall retaining wall where only 6 ft. is allowed. Property of NFB Assets, LLC; Application of Paul Breglio Assessors Map # 47, Block # 4 Lot # 7, PMR Zone Richard Shuck read into the record Exhibits “A-J” Paul Breglio, 38 Groveway, Clinton, CT is the property owner of 539 Norwich Avenue. Paul explained that when he purchased the property 5 years ago and it had a block concrete retaining wall and since then the wall has slowly deteriorated with the portion 1 of 5 parallel to the building moving towards the building. Paul explained this past winter it has gotten much worse. He stated the bottom blocks started breaking apart from the continuous ice thawing. In February the retaining wall had moved substantially, he needed to have his concrete contractor construct a new retaining wall. The wall was engineered by the concrete company, poured the wall with wheat poles installed through the new wall so the water would run down through the 1” gravel stone where there is a curtain drain. Paul said a Building Official drove by and he didn’t have a permit and shut it down. Paul said he didn’t realize he needed a permit for higher than 6’. Paul stated he needed to build it as high as the existing wall to hold it back. He stated his hardship is he needs to build the wall to the height of the existing wall. Robert Phoenix asked for clarification if there was a height difference on the handrail to the top of the concrete. He asked how much higher the wall is than the handrail. Paul said it’s less than a foot. Richard Shuck explained on the pictures it is very difficult to see. Mark Kulos said on the picture it appears there is a significant difference in the wall height. Paul Breglio stated it isn’t, it’s just about 1 foot. Robert Phoenix asked in reference to Exhibit “I” if he intended to bring the wall laterally to stabilize the grassy area or for the completion of the wall. Paul said that was for the completion of the wall. Marc Benjamin asked where the 8’ was located; is it from the grade to the top of the wall. Richard Shuck stated it’s the back grade. Marc asked if he had 42’ below the bottom of that for footing. Paul said it’s definitely below the frost line. Mark Kulos asked if the 8’ is between the wall and the building, and the portion near the road is closer to 6’. Richard Shuck stated if he didn’t have the back wall he probably could just grade the area and bring the wall less than 6’ and it would meet the regulation, but the 8’ on the backside needs to be filled and it’s the only reason he was applying for this variance. Robert Phoenix made a motion to close the Public Hearing. Mark Kulos second. Motion carried unanimously. Marc Benjamin apologized to J. Brian Buckley who was representing V#18-10 37 Lincoln Avenue. He thought he was one of the first two applicants and because Mark Kulos would be recusing himself on this application there would only be 3 members to vote, and 4 are needed for a quorum. This will be continued until September 4, 2018. 2. V#18-09: 107 McKinley Ave. Request for Variance to ZR Sec. 1.1, Residential Bulk Requirements, to construct a 12 ft. x 16 ft. shed within 7 ft. of the property line where 10 ft. is required. Property of Tyrone D. Houseal; Application of Tyrone D Houseal , Assessors Map #93, Block # 4 Lot # 6, MF Zone Richard Shuck read into the record Exhibits “A-H”. Tyrone Houseal, property owner 107 McKinley Ave. He explained there is a dilapidated small shed presently there and he would like to remove it and build a shed to store his tools and put stuff from his apartments. His garage is packed with stuff and would like to clean it out. Page 2 of 5 Mark Kulos asked in the application it states a tree fell on the shed from a storm. Tyrone said yes and it’s barely standing, and he wants to put a bigger shed. Mark asked if he has access to the bull pen from 107 McKinley Ave. Tyrone said yes. Robert Phoenix asked if the old shed and the newer structure belong to Tyrone. Tyrone said the newer shed belongs his neighbor. Robert also asked if the shed acts as fence or barrier between the two properties. Tyrone said no the fence will be coming down when the shed is installed. Robert asked Tyrone for clarification on the fence being taken down and the location of the new shed. Robert asked if the new shed would be the divider between the two properties. Tyrone said there will be room between the two buildings. Marc Benjamin asked if 107 McKinley was a duplex. Tyrone stated yes. Marc also asked for clarification on the shed and what he would be storing in the shed. Tyrone said that because he has a duplex there is a snow blower and other tools from the duplex that needs to be stored in the new shed. Mark Kulos asked Tyrone if it was a 2 car garage and would he be cleaning out the garage and storing the tools and equipment for the maintenance of the property in the shed and then would use the 2 car garage for the property. Tyrone stated yes. Marc Benjamin asked if the new shed would be going into the same location as the new shed is larger. Tyrone said yes. Marc Benjamin asked Richard Shuck for clarification about the setbacks from the property lines with accessary structures. Richard Shuck stated accessary structures can be within 10’ of the property line but this one is 7’ and if it was on the primary structure it would have to meet the setbacks. Richard Shuck explained if the shed is under 200 square feet a building permit is not required unless there would be electric installed. Richard said this shed is sharing one wall of the garage it will require a building permit with piers and tie downs. His shed will be 12’ x 16’ under the 200 square feet. Grover Boone, spoke as he was in support of the variance; Philomena Boone is the property owner at 111 McKinley Ave. He stated he was totally in support of this variance. He stated he is an excellent neighbor. Marc Benjamin stated that Mr. Boone is the closest neighbor, his property abuts Mr. Houseal. Mr. Boone said he was going to help Tyrone build the shed. Robert Phoenix made a motion to close the Public Hearing. Dorothy Travers second. Motion carried unanimously. 3. V#18-10: 37 Lincoln Ave. Request for Variance to ZR Sec. 6.4.1, Multi Family Special Bulk Requirements, to reduce the front yard setback from 25 ft. to 12 ft. and the side yard setback from 15 ft. to 8 ft. 6 in. to construct code compliant stairs on a six unit residential property. Property of Agnes J Kulos; Application of Mary DiStasio, Executrix , Assessors Map #84 Block # 3 Lot # 41, MF Zone Mark Kulos stated that he would be recusing himself on this project. Marc Benjamin stated with Mark Kulos recusal, they would only have 3 seated members and 4 is needed for a quorum, and it would have to be continued until next month. Page 3 of 5 H. DISCUSSION / DECISION ON APPLICATIONS 1. V# 18-08: 539 Norwich Ave. Request for Variance to ZR Section 4.15 to construct an 8 ft. tall retaining wall where only 6 ft. is allowed. Property of NFB Assets, LLC; Application of Paul Breglio Assessors Map # 47, Block # 4 Lot # 7, PMR Zone Robert Phoenix made a motion to Approve V-18-08 based on the hardship the owner has no other options for the retention of the existing ground and to stabilize the subterranean materials in order to prevent further decomposition of the existing retaining wall. Robert said with the observation of the Exhibits provided it appears to be a like for like replacement and he doesn’t see the applicant exceeding anything that was already in place and he is improving the property. Mark Kulos stated it is an emergency measure to stabilize the decomposing structure. He stated the fact that it is built to the height to maintain the same ground level, and if it wasn’t done the topography would collapse onto the building. Mark stated it would have to be at that height to match the existing retaining wall and his testimony that it appears the drainage issue should be solved preventing future collapses. Marc Benjamin asked during the public hearing was the hardship the topography and Robert stated yes. Marc Benjamin said the applicant will have to deal with the Building Department for the engineering of the wall. After much discussion Mark Kulos second. Motion carried unanimously. Voting in favor, Marc Benjamin, Mark Kulos, Dorothy Travers, and Robert Phoenix 2. V#18-09: 107 McKinley Ave. Request for Variance to ZR Sec. 1.1, Residential Bulk Requirements, to construct a 12 ft. x 16 ft. shed within 7 ft. of the property line where 10 ft. is required. Property of Tyrone D. Houseal; Application of Tyrone D Houseal , Assessors Map #93, Block # 4 Lot # 6, MF Zone Motion was made by Robert Phoenix to Approve V#18-09. Dorothy Travers stated the property owner is trying to improve the appearance of his property replacing the existing shed with a little larger one. She said the size of the lot is his hardship and the neighbor closest to his property is going to help him build the shed. Mark Kulos stated he is replacing an accessory structure with another accessory structure and not tied in to the existing garage. Marc Benjamin said it’s a little bigger shed which will free up some space in the garage, and the one impinged neighbor is in support of it. Mark Kulos second. Motion carried unanimously. Page 4 of 5  Voting in favor, Marc Benjamin, Mark Kulos, Dorothy Travers, and Robert Phoenix 3. V#18-10: 37 Lincoln Ave. Request for Variance to ZR Sec. 6.4.1, Multi Family Special Bulk Requirements, to reduce the front yard setback from 25 ft. to 12 ft. and the side yard setback from 15 ft. to 8 ft. 6 in. to construct code compliant stairs on a six unit residential property. Property of Agnes J Kulos; Application of Mary DiStasio, Executrix , Assessors Map #84 Block # 3 Lot # 41, MF Zone Marc Benjamin stated there was no action. I. OTHER MATTERS: Marc Benjamin stated that he spoke to the Democratic Town Committee they are compiling the list of interested applicants for all boards and there are openings city wide. J. ADJOURNMENT A motion was made by Robert Phoenix to adjourn at 7:45 p.m. It was second by Dorothy Travers. The motion carried unanimously. Respectfully submitted, Linda Lee Smith Recording Secretary Page 5 of 5