Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS July 8, 2008 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 and it was determined that a quorum was present. PRESENT: Paul Kramarewicz Santo Rizzuto, Alternate Dorothy Travers Raymond Dussault, Alternate Paulette Craig, Zoning Enforcement Officer Darlene Fedus, Recording Secretary ABSENT: Joseph Jacaruso,Vice Chairman EXCUSED: Mark Benjamin, Chairman Henry Olender ~~~~~ E. COMMUNICATIONS None ~~~~~ F. ACCEPTANCE OF MINUTES On a motion by Rizzuto/Dussault it was unanimously voted to change part of the June 10, 2008 meeting minutes to reflect correct nominations. ~~~~~ G. OLD BUSINESS #V-08-19- Appeal of Gary Sohn for property at 318 West Main St., located in GC zone. In accordance with Sec. 12.1, lot coverage, 25% maximum allowed to be increased to 39 ½% in order to construct 12’x16’ shed. Ms. Craig entered into the record as Exhibit “A”, the application; as “B1”, public notices of 5/28/08 & 6/4/08, as “B2”, public notices of 6/25/08 & 7/02/08; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map; and as “F”, storage regulations. Seated were Dorothy Travers, Paul Kramarewicz, Santo Rizzuto and 1 of 7  Raymond Dussault. Speaking in favor was the applicant, Gary Sohn of 318 West Main Street, owner of West End Pharmacy. He wants to put a 12’x16’ shed behind his building to hold medical equipment and supplies such as hospital beds and wheelchairs; he has a parking lot used by himself and his employees on the other side of Elizabeth Street. The shed will have a garage type door, no electricity or plumbing and no windows. The hardship was noted as new medical regulations required by Medicare and the fact that the business is growing and running out of storage area. It was noted that the shed’s location would not affect customer parking There being no other speakers, the public hearing was closed. ~~~~~ H. NEW BUSINESS #V-08-20 Appeal of Igreja Evangelica Avivamento da fe, Inc. for property at 184 Franklin St, located in CC zone. In accordance with Sec. 9.4.1(A)(1) Permitted Use in CC zone, in order to convert 1st floor to church #V-08-12 Seated were Dorothy Travers, Paul Kramarewicz, Santo Rizzuto and Raymond Dussault. Ms. Craig entered into the record as Exhibit “A”, the application; as “B”, public notices of 6/25/08 & 7/02/08;as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map; and as “F”, unfavorable recommendation from CCP. Speaking in favor was the applicant, Nelson Gubolin, secretary of the Church of 260 Thompson St., Stratford, CT. The applicant stated that when they rented the first floor six months ago the landlord did not inform them that a church wasn’t a permitted use in the CC zone. The applicant stated the hardship as not having reasonable use of the property due to the difficulty in renting the building and the fact that the parishioners have to travel a long distance for services. The Board was informed that they use the whole first floor for their services. There being no other speakers, the public hearing was closed. ~~~~~ #V-08-21 Appeal of Victor Young for property at 23 Lambert Dr, located in R-40 zone. In accordance with Sec. 12.1, front yard setback (Hunters Rd Ext), 50’ required to be reduced to 11’ and rear yard setback, 50’ required to be reduced to 47’ in order to construct 10’x20’ deck. Seated were Dorothy Travers, Paul Kramarewicz, Santo Rizzuto and Page 2 of 7 Raymond Dussault. Ms. Craig noted that the applicant revised the application and it would need to be readvertised; she asked that this appeal be continued to next month’s (August 2008) ZBA meeting. On a motion by Rizzuto/Kramarewicz, it was unanimously voted to continue to next month’s meeting. ~~~~~ #V-08-22 Appeal of Leiming Zhu for property at 56 Boswell Ave, located in MF zone. In accordance with Sec. 8.3.1(d)(5), Density, 15,000 SF required to be reduced to 4,792 SF and Sec. 8.3.1(d)(6), Rec Area, 900 SF required to be reduced to 0 SF in order to convert from 2-family to 3-family dwelling. Seated were Dorothy Travers, Paul Kramarewicz, Santo Rizzuto and Raymond Dussault. Because there were only 4 voting members, the applicant informed the Board he would like to wait until next month’s meeting to be heard. On a motion by Rizzuto/Kramarewicz, it was unanimously voted to continue this to the August 12th, 2008 meeting. ~~~~~ It was decided to hear/deliberate on the following three applications collectively, as they are interrelated: #V-08-23 Appeal of Craig Fowler for property at 208 Salem Tpke, located in PC zone. In accordance with Sec. 6.1.1 to reduce the distance between beer/liquor stores from 1500’ to 0’. #V-08-24 Appeal of Craig Fowler for property at 210 Salem Tpke, located in PC zone. In accordance with Sec. 6.1.1 to reduce the distance between beer/liquor stores from 1500’ to 0’. #V-08-25 Appeal of Craig Fowler for property at 11 Montville Rd, located in PC zone. In accordance with Sec. 6.1.1 to reduce the distance between beer/liquor stores from 1500’ to 0’. Seated were Dorothy Travers, Paul Kramarewicz, Santo Rizzuto and Raymond Dussault. Ms. Craig entered into each record as Exhibit “A”, the application; as “B”, public notices of 6/25/08 & 7/2/08; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map; as “F”, site plan. Speaking in favor of the applicant was Attorney Richard Paschal of Page 3 of 7 O’Brien, Shafner, 138 Main Street, Norwich. He stated that the three properties have not yet been combined so legally there are three separate applications. He told the Board that the Applicant is the owner/operator of Northeast Wines & Spirits and plans on opening a store at the planned shopping center. The store would be within 1,500 feet of the Big Y, which is a grocery store that sells beer. The hardship the Applicant claims is that the enforcement of a 1,500-foot radius is an unreasonable restriction on trade and commerce and that the granting of a variance will not adversely affect the area. Speaking in opposition was William Sweeney, certified land planner of TCORS of New London. He spoke on behalf of Betsey Eicholtz, owner of Norwich Town Liquor Store and other package store owners. He informed the Board that his comments would be addressing all three applications. Mr. Sweeney said they are not displaying a hardship; the applicant failed to meet the pre- requisite of the variance and there isn’t an unreasonable use of the property. He told the Board that the applicant should seek a text amendment from City Council if he feels it is unfair on trade and commerce. Mr. Sweeney also reminded the Board that the major revisions made by City Council in 2003 to retain the 1500’ restriction were made because of the negative impact to the community, not as an anti-competitive measure; the granting of these variances would be inconsistent with the Plan of Conservation and Development. Also speaking in opposition was Paul Agranoritch of Universal Package store on West Main Street, who stated the Liquor Commission has specific reasons for regulations. Attorney Richard Paschal rebutted with the fact that the only ones in opposition were competitors. He also mentioned the use would be low impact and it is an unreasonable restriction because Big Y only sells beer. He also gave examples of other exceptions in town. There being no other speakers, the public hearings were closed. ~~~~~ #V-08-26 Appeal of Timothy Dowhan for property at 422 Washington St Ext., located in R-40 zone. In accordance with Sec. 12.1, southerly side yard setback, 30’ required to be reduced to 6’ in order to reconstruct 22’x30’ garage. Seated were Dorothy Travers, Paul Kramarewicz, Santo Rizzuto and Raymond Dussault. Ms. Craig entered into the record as Exhibit “A”, the application; as “B”, public notices of 6/25/08 & 7/02/08;as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map; as “F”, sketch; as “G”, applicant’s photos; as “H”, garage plans; as “I”, Historic Commission Certificate of Appropriateness; as “J”, letter of approval-Wm Bradbury; and as “K”, letter of approval-Scotland Hgts Dev Corp. Page 4 of 7  Speaking in favor was the applicant, Tim Dowhan of 422 Washington Street. He told the Board the existing garage is in need of major reconstruction. The hardship associated with this property is the narrow lot and the installation of City drainage on Ox Hill Rd, which runs off and is directed into his back yard. The new structure would be placed in the same location and replaced by an 1 ½ story post and beam barn. There being no other speakers, the public hearing was closed. ~~~~~ I. DISCUSSION/DECISION ON APPLICATIONS #V-08-19 Appeal of Gary Sohn for property at 318 West Main St., located in GC zone. In accordance with Sec. 12.1, lot coverage, 25% maximum allowed to be increased to 39 ½% in order to construct 12’x16’ shed. Seated were Dorothy Travers, Paul Kramarewicz, Santo Rizzuto and Raymond Dussault. The Board noted the hardship as the undersized lot and changes in Medicare regulations. On a motion by Rizzuto/Travers it was unanimously voted to approve the variance. #V-08-19 Appeal of Gary Sohn for property at 318 West Main St., located in GC zone. In accordance with Sec. 12.1, lot coverage, 25% maximum allowed to be increased to 39 ½% in order to construct 12’x16’ shed. APPROVED ~~~~~ #V-08-20 Appeal of Igreja Evangelica Avivamento da fe, Inc. for property at 184Franklin St, located in CC zone. In accordance with Sec. 9.4.1(A)(1) PermittedUse in CC zone, in order to convert 1st floor to church. Seated were Dorothy Travers, Paul Kramarewicz, Santo Rizzuto and Raymond Dussault. The Board noted the unfavorable recommendation from the Commission on the City Plan and the fact that the taxable property would become tax exempt. On a motion by Dussault/Rizzuto it was unanimously voted to deny the variance. #V-08-20 Appeal of Igreja Evangelica Avivamento da fe, Inc. for property at 184 Franklin St, located in CC zone. In accordance with Sec. 9.4.1(A)(1) Permitted Use in CC zone, in order to convert 1st floor to church.DENIED ~~~~~ Page 5 of 7 #V-08-23 Appeal of Craig Fowler for property at 208 Salem Tpke, located in PC zone. In accordance with Sec. 6.1.1 to reduce the distance between beer/liquor stores from 1500’ to 0’. #V-08-24 Appeal of Craig Fowler for property at 210 Salem Tpke, located in PC zone. In accordance with Sec. 6.1.1 to reduce the distance between beer/liquor stores from 1500’ to 0’. #V-08-25 Appeal of Craig Fowler for property at 11 Montville Rd, located in PC zone. In accordance with Sec. 6.1.1 to reduce the distance between beer/liquor stores from 1500’ to 0’. Seated were Dorothy Travers, Paul Kramarewicz, Santo Rizzuto and Raymond Dussault. The Board spoke briefly in regards to the variance application possibly going before the City Council and not the ZBA. It was also determined that the applicant didn’t demonstrate a hardship. On a motion by Kramarewicz/Travers it was unanimously voted to deny the variance. #V-08-23 Appeal of Craig Fowler for property at 208 Salem Tpke, located in PC zone. In accordance with Sec. 6.1.1 to reduce the distance between beer/liquor stores from 1500’ to 0’.DENIED #V-08-24 Appeal of Craig Fowler for property at 210 Salem Tpke, located in PC zone. In accordance with Sec. 6.1.1 to reduce the distance between beer/liquor stores from 1500’ to 0’.DENIED #V-08-25 Appeal of Craig Fowler for property at 11 Montville Rd, located in PC zone. In accordance with Sec. 6.1.1 to reduce the distance between beer/liquor stores from 1500’ to 0’.DENIED #V-08-26 Appeal of Timothy Dowhan for property at 422 Washington St Ext., located in R-40 zone. In accordance with Sec. 12.1, southerly side yard setback, 30’ required to be reduced to 6’ in order to re construct 22’x30’ garage. Seated were Dorothy Travers, Paul Kramarewicz, Santo Rizzuto and Raymond Dussault. The Board noted the hardship as the narrow lot and the fact that the applicant is upgrading a dilapidated garage consistent with the historic district area. On a motion by Kramarewicz/Travers it was unanimously voted to approve the variance. Page 6 of 7  #V-08-26 Appeal of Timothy Dowhan for property at 422 Washington St Ext., located in R-40 zone. In accordance with Sec. 12.1, southerly side yard setback, 30’ required to be reduced to 6’ in order to re construct 22’x30’ garage – APPROVED ~~~~~ J. OTHER MATTERS Mr. Rizzuto asked that the Board look further into the rules, restrictions and regulations that govern the liquor permits. Ms. Craig asked Mr. Rizzuto to put it in writing; the Board could discuss it at its next meeting and possibly forward it to the City Council. K. ADJOURNMENT On a motion by Kramarewicz/Travers it was unanimously voted to adjourn the meeting at 8:27 pm. Respectfully submitted, Paulette Craig, Secretary Zoning Board of Appeals Page 7 of 7