Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS September 4, 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 Mark Kulos Peter Curprak David Martin, Alternate Robert Phoenix, Alternate ABSENT: Dorothy Travers OTHERS: Richard Shuck, Zoning Enforcement Officer, and Linda Lee Smith, Recording Secretary Marc Benjamin called the meeting to order at 7:00 p.m. Marc Benjamin stated all 5 members would be seated D. COMMUNICATIONS – None ACCEPTANCE OF MINUTES Robert Phoenix made a motion to approve the minutes of the August 14, 2018 meeting with the typographical errors “his” to be replaced with “by the applicant’s”, “42’ to be replaced with 42”. Mark Kulos second as amended. Motion carried unanimously. F. OLD BUSINESS: Marc Benjamin opened the public hearing 1. 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 Richard Shuck read into the record Exhibits “A-I” Mark Kulos stated that he was recusing himself and would be the applicant presenting. Marc Benjamin explained that the board only had four voting members and an affirmative vote of 4 members is required to approve a variance. Marc stated that it isn’t a simple majority. Marc Benjamin asked if he wanted to proceed tonight. Mark Kulos stated yes he wanted to proceed. Mark Kulos, 327 Broadway acting as attorney for Agnes J Kulos who is the applicant. Mark Kulos submitted Exhibit “J” google photo, Exhibit “K” google photo, Exhibit “L photo of tree damage, Exhibit “M” photo of tree damage. Mark Kulos stated he was requesting the variance because he has to reconstruct the fire escape to the rear of the property. He stated the new Building Code requirements have changed and require a different configuration. Mr. Kulos stated in Exhibit “K” showed that on May 15th a 75’ maple tree came down and hit the side of the building and fire escape. Exhibit “L&M” shows the tree punctured the end of the garage. Exhibit G shows the damage once the tree was removed. He stated the stringers going to the second and the third floors are cracked and the codes have changed and the steps have to go to a landing and steps down. Mark Kulos stated the property is a small lot, 6 family apartment building, and 3 stories. There is also a 5 bay story garage. He also stated it’s on a corner lot, corner of Lincoln Ave. and Uncas St. and in a multi-family zone with 2 front yard setbacks. Mark Kulos explained in Exhibit “J” picture of the front of the house, and with the configuration of the house the front door runs through the middle of the house. The only option for construction of the code compliant stairs is to the rear of the building where there are existing fire doors that lead from the bedrooms to the back door. Mark Kulos explained Exhibit “H” plot plan for the building the new plans call for exits from the 2nd and 3rd floors and two towers at the end of the structure. Mr. Kulos stated because of the bump out no flight of stairs could be constructed from second floor down. Mark Kulos also went over the specific construction details of the tower and stairs. Mr. Kulos also stated he had gone to the Fire Marshal and the Building Dept. for review. Marc Benjamin asked how much bigger the structure was going to be overall and on each side to comply. Mark Kulos stated it would be coming out about 8’4” and the other side approximately 9’ 10 ½”. Mr. Kulos stated there is a side yard setback 15’8”, and 25’ to 12’ side of the building and it isn’t 25’ from the road now and its coming out 8’ ½”. Marc Benjamin asked Mr. Kulos what were his hardships. Mark Kulos stated his hardships were because the house was on a corner lot, he has 2 front yards, the change in the fire and building codes requiring him to configure the fire escape in this manner. He stated also the fact that the bump out on the first floor bedroom is preventing them from building a structure flush with that area, and a curved mansard roof has to involve the bump out for the towers from the side of the building.  David Martin asked if the towers would be enclosed from the street view. Mark Kulos stated there will be some sort of siding, fencing, or lattice, shielding from the street view. Robert Phoenix asked for clarification on the right side set back asking to be reduced to 8’. Mr. Kulos asked staff if it was to support the structures to exceed setbacks of grade. Richard Shuck stated yes because it is connected to the main structure. Marc Benjamin stated the hardships are it’s on a corner lot, building and fire codes have changed, and it can’t be built in the same configuration. Marc also stated there is only so much land and it is what he has to do to make a bare minimum safe fire escape. Mark Kulos said there are only two options, to the front of the structure there are no existing doorways leading out of the apt, and to the rear there are the existing fire doors leading out to the existing fire escape and it’s to build the new structure to meet those fire doors and allow for ease of escape of fire. Mark Kulos stated this is a requirement of the Fire Code there be 2 exits from each apartment. Mark Kulos stated it’s a 3 story structure required by fire and building codes as they have changed and it has to be configured in this manner. Robert Phoenix made a motion to close the Public Hearing. David Martin second. Motion carried unanimously. G. NEW BUSINESS: None H. DISCUSSION / DECISION ON APPLICATIONS 1. 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 Motion was made by Robert Phoenix to Approve V-18-10. Mr. Phoenix stated the hardship was the new code requirements, and a tree fell on the fire escape and destroyed it, and he’s restoring the appropriate use of the structure. David Martin stated his hardships are the size of the lot, the location of the house on the lot, and 2 front yard setbacks. The configuration of the house including where the existing doors are located and the bulkhead, and the building codes will dictate where the fire escape can be located.  Marc Benjamin stated he agreed with both stated hardships. In addition it is a reasonable hardship, a repair that needs to be done, and code compliance forces it to go this way. He stated putting it on the front of the structure even if it could be done, would be more offensive than putting on the back of the structure. After much discussion David Martin second. Motion carried unanimously. Voting in favor, Marc Benjamin, Peter Cuprak, David Martin and Robert Phoenix - Mark Kulos recused himself I. OTHER MATTERS: Marc Benjamin stated that Richard Shuck had an interview this week for a new board member. A couple of members would recommend him as they knew him. J. ADJOURNMENT A motion was made by Robert Phoenix to adjourn at 7:33 p.m. It was second by Peter Cuprak. The motion carried unanimously. Respectfully submitted, Linda Lee Smith Recording Secretary PAGE 6 Page PAGE 3 of NUMPAGES 3 PAGE 1 of NUMPAGES 3