Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS December 09, 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: Mark Benjamin Henry Olender Dorothy Travers Santo Rizzuto, Alternate ABSENT: Raymond Dussault, Paul Kramarewicz, & Joseph Jacaruso, Alternate ALSO PRESENT: Paulette Craig, Zoning Enforcement Officer Tianne Phoenix Curtis, Recording Secretary ~~~~~ E. COMMUNICATIONS None ~~~~~ F. ACCEPTANCE OF MINUTES Upon motion by Santo Rizzuto and second by Dorothy Travers, the Board voted unanimously to accept the November 12, 2008 meeting minutes. ~~~~~ Chairman Marc Benjamin explained that 4 affirmative votes are required in order for a variance to be approved. Since there were only 4 members present (usually there are 5 voting members), applicants will have the opportunity to choose either to heard tonight, knowing that all 4 members would have to vote in the affirmative, or to be heard at the next meeting, in hopes that there will be 5 voting members. G. OLD BUSINESS #V-08-37 Appeal of Sunny Waters LLC for property at 252 Old Canterbury Turnpike, located in an R-80 zone district. Appeal of ZEO’s interpretation of CT Public Act #07-43 regarding the replacement of existing mobile homes. Seated were Marc Benjamin, Dorothy Travers, Henry Olender and Santo Rizzuto. Mr. Cohen, applicant, stated that he wished to be heard at the next ZBA meeting. The Public Hearing was not opened. 1 of 5 H. NEW BUSINESS #V-08-40 Appeal Bethsaida Community Inc. for property at Clairmont Avenue, located in an MF zone district. In accordance with Sec. 8.3.2(b) Rooming House, reduce separating distance from 1500’ to 113’ in order to convert a convent to a rooming house. Paulette Craig entered into the record as Exhibit “A”, the application, as “B”, public notices of 11/26/08 & 12/03/08; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map; as “F”, request regarding use of building from St. Joseph’s Church; and as “G”, agreement to rent building to Bethsaida from St. Joseph’s Church. Chairman Marc Benjamin opened the floor to those wishing to speak in favor of the application. Claire Silva, Executive Director for Bethsaida Community, 225 Main Street, spoke in favor. Ms. Silva stated that the Katie Blair House (KBH) has been in service for over 20 years, and feels this is a win-win situation for both KBH and St. Joseph’s Church. Ms. Silva submitted a brochure of services for Bethsaida Community, Inc., which was marked as Exhibit “H.” Ms. Silva stated that the women that come into the KBH program enter typically jobless and homeless, and the proposed rooming house would be for those women that have graduated the KBH program and are ready for independent living, however will benefit from additional supportive services such as advocacy and job assistance. Ms. Silva noted that it is not a substance abuse facility and staff would be shared between the two locations. Ms. Silva stated that the reason for the variance application is that the convent and KBH are only 113’ apart opposed to the required 1500’. Father Tomasz Sztuber of the St. Joseph Polish Roman Catholic Church, Clairmont Avenue, spoke in favor. Father Tomasz stated that the convent has been empty for over a year, and as the applicant has shown interest, he is of the opinion that the agreement will be mutually beneficial. Marc Benjamin asked if the intention of the Church was to maintain ownership or to transfer the property. Father Tomasz responded that the Church intends to lease with the possibility of a future sale, pending advice of the Bishops’ office. Father Tomasz stated that there has been no vocational demand for nuns to live at the convent. Robert Davidson, 119 Cedar Street, spoke in favor. Mr. Davidson stated that he was of the opinion the KBH program had a long and distinguished record, and that graduates of the program leave more stable, employed and with ties to the community. Brenda Thibeault, Finance Manager for Bethsaida Community, 225 Main Street, spoke in favor. Ms. Thibeault stated that their program is very well run, and restated that the rooms of the proposed facility would be for KBH graduates only, not new entries. Ms. Thibeault noted that the program gives the women life skills to be more productive citizens, and that the program would not create a dangerous situation. Page 2 of 5  Angela George, member of the Board of Directors for Bethsaida Community, 225 Main Street, spoke in favor, and stated that by leasing the property from the church, it will in turn allow the program to pursue financial support through grants. Nancy Dorman, 179 Dunham Street, spoke in opposition. Ms. Dorman presented the following concerns and questions through Chairman Marc Benjamin: 1. What constitutes a graduate of the program? 2. How long will a resident be able to live at the proposed facility? 3. What is the percentage of success vs. failures? 4. What securities will be given to the abutting St. Joseph’s School students? 5. Will the use of the building change if Bethsaida becomes the property owner? Chairman Marc Benjamin asked Ms. Dorman if it was accurate to say that her overall concern is for the safety of the students and staff of the school. Ms Dorman replied that it was accurate. Kelly Gada, member of the Board of the St. Joseph’s School, 120 Cliff Street, spoke in opposition. Ms. Gada stated that she shared Ms. Dorman’s serious concerns for the schoolchildren’s safety, additionally because the area where the children play shares a property line with the address in question. Ms. Gada noted that there is an existing paved area that is used for recreation by the school, and questioned where the residents of the proposed rooming house would park if they had vehicles. Claire Silva rebutted, stating that a criminal background check is done for all women entering the program, and a graduate would have a minimum of 6 months in the program, be holding a full-time job, and show an empowered personality and responsibility with assigned chores. Ms. Silva stated that 75% of the program’s women are mothers themselves, and while some may not fit with the program’s vision, they weed themselves out while with the KBH, not as a KBH graduate. Ms. Silva responded that while most residents don’t have vehicles, they, as well as staff, would be required to park at the KBH and cross the street. Additionally, Ms. Silva stated that when the KBH has hosted special events, they have asked for permission from the Church to use their parking facility. Ms Silva responded that if the program receives Federal HUD funding, the maximum time a resident would be able to stay at the proposed facility would be two years, and that if Bethsaida were to take ownership of the property, they would not change the focus of their mission. Chairman Marc Benjamin questioned Ms. Silva as to whether she felt Bethsaida was expanding or intensifying their program. Ms. Silva replied that they would be increasing the number of women they could serve per year. Santo Rizzuto asked if Ms. Silva could provide actual numbers suggesting their success rate. Ms. Silva stated that a month ago, women entering the program had an average income of $82.00/month; now employed full-time and with life skills, they have an average income of $1000.00/month. Paulette Craig Page 3 of 5  noted that success could be interpreted differently, if considered an increase in income; the success rate would be 100%. Chairman Marc Benjamin requested that Bethsaida provide the Board with a clear percentage of women that come to participate that actually completes the program. Ms. Silva responded that she would be able to provide that to the Board. Henry Olender asked Ms. Silva if the Board were to entertain a motion to continue, would Bethsaida be willing to meet with the parents, Diocese and Board members about potential precautions and/or conditions. Ms. Silva responded that they would be pleased to. Upon motion by Santo Rizzuto and second by Henry Olender, the Board voted unanimously to CONTINUE the hearing to the 01/13/09 regular meeting. ~~~~~ #V-08-41 Appeal of Church of Christ for property at 207 Central Avenue, located in an MF zone district. In accordance with Sec 8.3.1, Permitted Use, and Sec. 15.1.11, Parking, 17 spaces required to be reduced to 0 spaces in order to convert 832 SF from storefront to church. Paulette Craig reported to the Board that the aforementioned application would be before the Commission on the City Plan at their 12/16/08 regular meeting as a Use Variance referral. Upon motion by Santo Rizzuto and second by Marc Benjamin, the Board voted unanimously to CONTINUE the hearing to the 01/13/09 regular meeting. ~~~~~ I. DISCUSSION/DECISION ON APPLICATIONS ~~~~~ J. OTHER MATTERS Chairman Marc Benjamin reported that he had attended the 11/19/08 Zoning workshop, and found it informative. There was a brief discussion of where the ZBA falls in the process of approvals, and the importance of opening communication between ZBA and both City Council (Zoning authority) and the Commission on the City Plan. Chairman Marc Benjamin additionally noted the ZBA’s duty to break the rules, but emphasized that it should always be a difficult decision. K. ADJOURNMENT Upon motion by Santo Rizzuto and second by Marc Benjamin, the Board voted unanimously to adjourn at 7:54 pm. Page 4 of 5 Respectfully submitted, Paulette Craig, Secretary Zoning Board of Appeals Page 5 of 5