Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS March 11, 2008 Meeting Minutes The special meeting of the City of Norwich Zoning Board of Appeals was called to order at 7:10 p.m. Roll call was taken and it was determined that a quorum was present. PRESENT: Joseph Jacaruso, Chairman Marc Benjamin, Co-Chairman Paul Kramarewicz Dorothy Travers Raymond Dussault, Alternate Paulette Craig, Zoning Enforcement Officer Darlene Fedus, Recording Secretary EXCUSED: Henry Olender Santo Rizzuto, Alternate ========================================= E. COMMUNICATIONS None ========================================= F. ACCEPTANCE OF MINUTES On a motion by Kramarewicz/Travers it was unanimously voted to approve the minutes of the February 19, 2008 meeting. ================================================= G. OLD BUSINESS #V-08-02 Appeal of Tilcon, Inc. for property at 20 Lucas Street, located in GC zone. In accordance with Sec. 9.2.1, permitted use, to allow the development of an industrial facility wastewater reclamation and renovation facility. Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Dorothy Travers and Ray Dussault. Ms. Craig entered into the record as Exhibit “A”, the application packet; as “B1”, public notices of 1/30/08 & 2/6/08, as “B2”, public notices of 2/27/08 & 3/5/08; as “C”, abutters’ notices; “D”, Assessor’s street card; as “E”, GIS map; as “F”, aerial photograph; as “G”, applicant’s site plan; as “H”, applicant’s building plans; as “I”, opposition letter from The Spa at Norwich Inn; as “J”, favorable recommendation from CCP; and as “K”, aerial photograph. Speaking in favor of the applicant was Attorney Harry Heller of 736 Route 32, Uncasville, CT and Frank Lane, Director of Real Estate/Services for Tilcon. Attorney Heller gave the Board a background of the property known as 20 Lucas Street and nearby properties. He explained that Tilcon is the owner of three separate and distinct tracts or parcels of land situated on the easterly side of New London Turnpike and the northerly and southerly sides of Lucas Street. The property known as 712 New London Turnpike is improved with a concrete manufacturing facility. Lucas Street is a paper street, which separates the concrete manufacturing facility parcel from the application parcel. The application parcel is located on the northerly side of Lucas Street and is currently utilized by the applicant for the storage of materials utilized in conjunction with the concrete manufacturing facility on the adjacent parcel. Mr. Heller then explained to the Board that each time a concrete truck returns to the manufacturing facility from delivering its product, it must be “washed out” to insure that the aggregate mix does not harden in the truck thereby damaging the mixing bin in the truck. He stated one of the hardships related to this application is that regulations recently enacted by the State of Connecticut DEP prohibit the discharge of this wash water to the environment. He said in order for Tilcon to continue its concrete manufacturing facility at this site it would need to integrate into the manufacturing process and industrial wastewater reclamation and renovation facility to eliminate the discharge of the industrial wash water to the environment. No wash water will be released to the environment. The renovated wash water will be pumped from the pump house to a storage facility and be reused in the industrial processes at the concrete manufacturing facility. Mr. Heller stated another hardship is that the area of Lucas Street where the new facility would be was formerly zoned Industrial. However, as a result of recent zone changes the area has been changed to General Commercial and therefore the current activities are non-conforming. Mr. Kramarewicz asked what the boundary is that separates the facility from the Norwich Inn and Spa. Mr. Heller assured the Board that the natural buffer consists of significant amounts of vegetation that will not be disturbed or removed and showed the Board exhibit “K” (virtual earth photo). Structures constructed would be primarily below grade and invisible to abutting properties. The hours of operation would be 7-3:30 daily and there wouldn’t be a change in noise or the amount of dust, as the operation would be more controlled. In regards to the letter from Norwich Inn and Spa, Mr. Heller addressed each concern and noted that the application receive a favorable recommendation  from COCP. There being no other speakers, the public hearing was closed. H. NEW BUSINESS #V-08-04 Appeal of Gary Ritacco for property at 645 North Main Street, located in GC zone. In accordance with Sec.9.2.1, permitted Use, and Sec. 12.1, westerly side yard setback, 10’ required to be reduced to 3’ in order to convert single-family to two-family and associated second means of egress. Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Dorothy Travers and Ray Dussault. Ms. Craig noted the application had been forwarded to the Commission on the City Plan because it is a use variance. She asked that this appeal be continued until recommendations from the Commission are received. On a motion by Benjamin and seconded by Kramarewicz, it was unanimously voted to continue to the next ZBA meeting. #V-08-05 Appeal of Eric Sing Lau for property at 22 Great Plain Road, located in R-20 zone. In accordance with Sec. 12.1, westerly side yard setback, 15’ required to be reduced to 3’ in order to construct 12’x20’ carport and 8’x10’ shed. Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Dorothy Travers and Ray Dussault. Ms. Craig entered into the record as Exhibit “A”, the application packet; as “B”, public notices of 2/27/08 & 3/5/08; as “C”, abutters’ notices; “D”, Assessor’s street card; and as “E”, GIS map. Speaking in favor was the applicant Eric Sing Lau of 22 Great Plain Rd. He told the Board he wants to build a carport on the west side of his property which would be convenient to the side entrance to his house and would shield his car form the elements of the weather. In addition to the carport he is also asking to construct an 8’x10’ shed in the rear of his property 3’ from his property line. The Board told the applicant they didn’t have a problem with the carport but that the shed would be too close to the property line and there were other areas on the property that would be in compliance with zoning that he could utilize to construct the shed. The hardship associated with the property would be the narrow lot.  There being no other speakers, the public hearing was closed. V-08-06 Appeal of Steven Douglas for property at 168 North Main Street, located in GC zone. In accordance with Sec. 6.2.1 (b), location of used car shop, 1000’ minimum distance between, to be reduced to 0’ in order to open new/used car shop. Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Dorothy Travers and Ray Dussault. Ms. Craig entered into the record as Exhibit “A”, the application packet; as “B”, public notices of 2/27/08 & 3/5/08; as “C”, abutters’ notices; “D”, Assessor’s street card; and as “E”, GIS map. Speaking in favor of the application was Steven Douglas of 356 Bitgood Road, Griswold, CT. He explained to the Board that currently the three parcels consisting of 168 and 172 North Main Street and the rear of Barron Street are licensed for use as used car dealerships and that new State of Connecticut regulations prohibit new garage/repairs (as primary use) within 1000’ of each other. He chooses not to offer the repair of motor vehicles as the primary activity and stated that it is impossible to meet the regulations of today since the three properties abut each other. Literal enforcement of the regulation creates a hardship for the applicant, in that a literal reading of the regulation could be interpreted to prohibit the proposed activity. The variance requested is to have a proposed used car dealership on the lot abutting an existing used car dealer. Mr. Douglas said the use would be more of an extension of the use of the adjoining lot that already has a used car dealership. The uses will compliment each other, as opposed to compete with each other. Furthermore, he said the lot has a history of motor vehicle related activities, and the proposed use of the site is consistent with its prior established use and he wasn’t aware of any objections from the public. Mr. Dussault asked why the applicant was presenting his appeal to this Board and Ms. Craig explained the regulations as a technicality and when repairers apply for a repairers license she has to verify that the application meets zoning regulations which state there must be a minimum of 1000’ between sales /repair shops. There being no other speakers, the public hearing was closed. I. DISCUSSION/DECISION ON APPLICATIONS #V-08-02 Appeal of Tilcon, Inc. for property at 20 Lucas Street, located in GC zone. In accordance with Sec. 9.2.1, permitted use, to allow the development of an industrial facility wastewater reclamation and renovation facility.  Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Dorothy Travers and Ray Dussault. The Board noted the hardship is that the business has been operating for years and has been required by DEP to upgrade the truck washing operation so that wash water is recycled rather than released into the environment and the fact that the zone had been changed from Industrial to General Commercial. On a motion by Kramarewicz/Travers, it was unanimously voted to approve the variance. #V-08-02 Appeal of Tilcon, Inc. for property at 20 Lucas Street, located in GC zone. In accordance with Sec. 9.2.1, permitted use, to allow the development of an industrial facility wastewater reclamation and renovation facility. APPROVED ======================================================= #V-08-05 Appeal of Eric Sing Lau for property at 22 Great Plain Road, located in R-20 zone. In accordance with Sec. 12.1, westerly side yard setback, 15’ required to be reduced to 3’ in order to construct 12’x20’ carport and 8’x10’ shed. Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Dorothy Travers and Ray Dussault. The Board noted the undersized narrow lot as the hardship for the carport but agreed that the shed could be placed in a reasonable location on the lot and therefore not a hardship. On a motion by Benjamin/Dussault it was unanimously voted to approve the variance for the carport. #V-08-05 Appeal of Eric Sing Lau for property at 22 Great Plain Road, located in R-20 zone. In accordance with Sec. 12.1, westerly side yard setback, 15’ required to be reduced to 3’ in order to construct 12’x20’ carport. APPROVED ================================== #V-08-06 Appeal of Steven Douglas for property at 168 North Main Street, located in GC zone. In accordance with Sec. 6.2.1 (b), location of used car shop, 1000’ minimum distance between, to be reduced to 0’ in order to open new/used car shop.  Seated were Joseph Jacaruso, Marc Benjamin, Paul Kramarewicz, Dorothy Travers and Ray Dussault. The Board discussed the fact that the hardship was a technicality with regard to the State regulations and that the building use is unchanged. On a motion by Dussault/Travers it was unanimously voted to approve the variance. K. ADJOURNMENT On a motion by Kramarewicz/Travers, it was unanimously voted to adjourn the meeting at 8:00 p.m. Respectfully submitted, Paulette Craig, Secretary Zoning Board of Appeals