Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS January 1312009 Meeting Minutes The regularmeetingof the City of NorwtchZoning Board of Appealswas called to order at 7:00 p.m. Roll call was taken and it was determinedthat a quorum was present. PRESENT: Mark Benjamin,Chairman JosephJacaruso,Vice Chairman Dorothy Travers Henry Olender Paul Kramarewicz SantoRizzuto. Alternate RaymondDussault,Alternate ABSENT: None ALSO PRESENT: PauletteCraig, ZoningEnforcementOfficer DarlenePapineau,RecordingSecretary E. COMMUNICATIONS None F. ACCEPTANCEOF MINUTES On a motionby Rizzuto/Travers, it wasvotedunanimously to accepthe December13,2008meetingminutesascorrected (listingChairmanandVice Chairman). G. OLD BUSINESS #V-08-37Appeal of Sunny Waters LLC for property at252 Old Canterbury Turnpike, locatedin an R-80 zone district. Appeal of ZtrO's interpretation of CT Public Act#07-43 regarding the replacementof existingmobile homes. Seatedwere Marc Benjamin,JosephJacaruso,Dorothy Travers,Henry Olenderand RaymondDussault.(Paul Kramarewiczreclusedhimself) Ms. Craig enteredinto the recordas Exhibit "A", the application,as "B1", public noticesof 10129108 & 11/05/08;as "B2", public noticesof T1126108 & 12103108; as "B3", public noticesof 12131/08& ll0ll09; as "C", applicant's I ofl correspondence dated9/18/08;as "D", ZEO's responsedated9l19l08;as "E", Public Act #07-43; as "F", requestfor opinion; as "G", agreementof frnding - Branse;as "H", CorporationCounsel'sopinion;and as "I", email - Branseto Emerson(read). Mr. Benjamin remindedthe Board that sincethe public hearingwas not openedat the last meeting,it could now be openedand the stipulatedagreement adoptedby AttorneyBranseand CorporationCounselcould be receivedinto the record. Speakingin favor was the applicant,Mark Coen,who statedhe was not attemptingto overturna decisionand in fact was agreeingto the stipulation betweenthe Attorneys. the public hearingwas closed. Therebeingno otherspeakers, #V-08-40Appeal BethsaidaCommunity Inc. for property at Clairmont Avenue,locatedin an MF zone district. In accordance with Sec.8.3.2(b)Rooming House,reduce separatingdistancefrom 1500'to 113' in order to converta conventto a rooming house. Seatedwere Marc Benjamin,JosephJacaruso,Dorothy Travers,Henry Olenderand SantoRizzuto. Ms. Craig enteredinto the recordas Exhibit "A", the application,as "B", public noticesof 11126108 & 12103108; as "B2", public noticesof 12131/08& ll07109;as "C", abutters'notices; as "D", Assessor's streetcard;as "E", GIS map; as "F", requestregardinguseof buildingfrom St. Joseph'sChurch;as "G", agreementto rent buildingto Bethsaidafrom St. Joseph'sChurch;as "H", brochure;as "I", statisticalinformation;and as "J", Bethsaidahistory. FatherTomaszSztuberof the St. JosephPolish Roman Catholic Church, ClairmontAvenue,on behalfof the Bishopand the Diocese,askedthe Boardto continuethis hearinguntil further discussionsare conductedbetweenthe Norwich Dioceseand Bethsaida. The Board determinedafter somediscussionthat it would allow Bethsaida 5 minutesto speakin favor of the application. Claire Silva, ExecutiveDirector of Bethsaida,explainedthat sincelastmonth'sZBA meetingtherewas a meeting betweenSt. Joseph'sChurch,the schooland Bethsaida;all questionsand concernswere answeredwith a positiveoutcome.Ms. Silva told the Boardhow vital this applicationis to their program. Also speakingin favor was SisterRafaelAllen, Principalof St. Joseph's School,120Cliff St. Sheinformedthe Boardthat the schoolwas withdrawins their previousobjectionto the variancerequested. Page2 of 7  Speakingnot in favor or againstwas Bill Russell,Director of Financefor St. Joseph'sChurch. He statedthe concernsthey had were regardingthe lease with Bethsaidaand the propertytaxesassociatedwith the property. On a motion by Benjamin/Rizzuto,(Olender,Traversopposed)it was voted to continuethe hearineto the next scheduledZBA meetins. #V-08-41Appeal of Church of Christ for property at 207 Central Avenueolocatedin an MF zone district. In accordancewith Sec8.3.1, PermittedUse,and Sec.15.1.11,Parking, 17 spacesrequired to be reducedto 0 spacesin order to convert 832 SF from storefront to church. Seatedwere Marc Benjamin,JosephJacaruso,Dorothy Travers,Henry Olenderand PaulKramarewicz. Ms. Craig enteredinto the recordas Exhibit "A", the application,as "B1", public noticesof 11126108 & 12103108; as "B2", public noticesof l2l3ll08 & ll07109;as "C", abutters'notices; as "D", Assessor's streetcard;as "E", GIS map; as "F", complaintfile; as "G", conespondence to Dr. Stirba 111312008, and as "H", unfavorablerecommendation from CCP. Speakingin favor was Dr. Clifford Stirba,Deaconof Church of Christ. He claimedthat the church,in its 8 yearson CentralAvenue,hashad a positive impact on the community. Although they cannotprovide parking, neithercan otherbusinesses in the area. He felt his parishionershouldnot be excludedfrom worshippingGod and wonderedif this went againsthe I't Amendment.He asked who complainedaboutthe use of the building. Ms. Craig statedthat shewas notified by the Building Department;therewere no zoning or building permits on file for this use. Dr. Stirbaestimatedthe floor spaceat 832 SF, with over 50 parishioners. There hasneverbeena complaintconcerningparking problems. He notedthat the propertyowner is not askingfor a tax exemption. Mr. Benjamin remindedthe applicantthat he needsto show a hardship that is associatedwith the property. Dr. Stirbanotedthat parishionerswould have to drive to Bristol or Boston,otherwise. Mr. Beniamin statedthat that "hardship"is not uniqueto the property. John Scrupski,NEC Inc., owner of the building, statedthe churchwas presentin the building when he purchasedit,T yearsago. Therehave beenno complaintsand Greenvilledoesnot needanothervacantstorefront. Mr. Krarnarewiczsuggestedthat the Board stipulatethat the owner cannotapply for tax exemption. Ms. Craig notedthat the propertyis locatedin a Multi Family zone;the prior storefrontwas a non-conforminguse. If it were legally converted to a church,the property owner would neverbe able to convertback to a Page3 of7  storefront. However, if the varianceis denied,the owner could continuethe last- legal use as a storefront. Conversionto an apartment(legal use) would requirea variance,sinceoff-streetparking and recreationareaareunavailable. H. NEW BUSINESS #V-08-42Appeal of Sheri Speerfor property at 84 Talman Street, locatedin an MF zone district. In accordancewith Sec.12.1,front yard setback,25' required to be reducedto 0'in order to reconstruct 2-family on fire-damaged lot. Seatedwere Marc Benjamin,JosephJacaruso,Dorothy Travers,Henry Olenderand Paul Kramarewicz. Ms. Craig enteredinto the recordas Exhibit "A", the application,as "8", public noticesof 12/31/08& ll07l09; as "C", abutters'notices;as "D", Assessor'sstreetcard;as "E", GIS map;and as "F", applicant'ssiteplan. Ms. Craig notedthat zoning regulationsallow for a fire-damagedstructure to be rebuilt in the samefootprintwithin ayear. Becauseof insuranceissues,etc., that l-year period of time has expiredand the owner now has to apply for a variancein order to rebuild. Dave King, A-2 Surveys,statedthat it is not practicalto build on the same footprint. Becausethe structureis going to be 4'-5' below streetgrade,the owner is asking for a ramp to be built to the sidewalk. Ms. Craig noted that the use as a 2-famtly might be a betterusethan the former structure,which housed2 apartmentsand a clubhouse.The applicantis only requiredto provide 2 off-street parking spaces.The steeprear slopewas noted as the hardship. Belmiro Rodriques,23 SchoolStreet,currentpresidentof the CapeVerde Society,statedthat they are still active. They owe the City money for the demolition and removal of the building. This is also an opportunityto develop the area. Therebeing no other speakers,the public hearingwas closed. #V-08-43Appeal of Sheri Speerfor property at 120 Talman Street, locatedin an MF zone district. In accordancewith Sec.12.1.front yard setback,25'requiredto be reducedto 14'in order to convertto 2-family. Seatedwere Marc Benjamin,JosephJacaruso,Dorothy Travers,Henry Olenderand Paul Kramarewicz. Page4 of 7  Ms. Craig enteredinto the recordas Exhibit "A", the application,as "B", public noticesof 12131/08& ll07l09; as "C", abutters'notices;as "D", Assessor'sstreetcard;as "E", GIS map; and as "F", applicant'ssiteplan. Dave King, A-2 Surveys,statedthat the existing concreteblock building has beenusedfor storage.A secondstory will be built aboveit. He has spoken with the Police Department,who verified that the sight line is sufficient. The plan shows2 off-streetparking spaces.Ms. Craig notedthat the existing use is non- conforming;this variancewould put the propertyin conformity. SheriSpeer,151TalmanStreet,statedshelives on the street;these projectswill revitalize the area. Therewill be a nice view from the rear of the building; tlie hardshipis the topographyof the lot. Therebeingno otherspeakers, the public hearingwas closed. T. DISCUSSION/DECISION ON APPLICATIONS #V-08-37Appeal of Sunny Waters LLC for property at 252 Old Canterbury Turnpike, locatedin an R-80 zone district. Appeal of ZEO's interpretation of CT Public Act#07-43 regarding the replacementof existingmobile homes. Seatedwere Marc Benjamin,JosephJacaruso,Dorothy Travers,Henry Olenderand RaymondDussault.(PaulKramarewiczreclusedhimself) Mr. Dussaultstatedthat he has an interestin the changesthat go on to updatethe existingstockof mobilehomes,and alsois concernedaboutwhat these parks will look like in the future. Therewas discussionas to how to accepthe stipulationinto the record. On a n-rotionby Dussault/Travers, it was unanimouslyvoted, in deferenceto the stipulatedagreement,to denythe variance. #V-08-37Appeal of Sunny Waters LLC for property at 252 Old Canterbury Turnpike, locatedin an R-80 zone district. Appeal of ZEO's interpretation of CT Public Act#07-43 regarding the replacementof existingmobile homes-DENIED IN DEFERENCE TO THE STIPULATED AGREEMENT #V-08-41Appeal of Church of Christ for property at 207 Central Avenue, locatedin an MF zone district. In accordancewith Sec8.3.1, PermittedUse,and Sec.15.1.11,Parking, 17 spacesrequired to be reduced to 0 spacesin order to convert 832 SF from storefront to church. Page5 of7  Seatedwere Marc Benjamin,JosephJacaruso,Dorothy Travers,Henry Olenderand PaulKramarewicz. A motion was madeby Jacaruso/Travers to deny this application,stating therewas no hardship. Mr. Kramarewiczstatedthat he has mixed emotions,as the churchhasbeenoperatingat this site for 8 years,without any complaints. Parishioners would haveto travelto Bristol or Boston. Also, the City would not be losing tax revenuebecausethe owner statedhe is not seekingtax relief. Ms. Craig statedthat the Building Departmentand Fire Marshalhad yet to inspecthe building. The "assembly"usewould haveto meettheir codes.It is their duty to make surebuildings are safe;the fact that the church hasbeenin existencefor 8 yearsdoesn'tnegatethe fact that it hasn't beenapproved. Mr. Olenderaskedif they could be considereda "storefrontchurch". Ms. Craig stated that, in order for the propertyto be considered"retail", the church would have to be a minor, accessory use. Mr. Benjamin cautionedthe Board as to their powersperlainingto the definition of hardship. Although it hasbeendemonstratedthat the church servesa purposein the community,the Commissionon the City Plan has given an unfavorablerecommendationto this variancerequest. The vote was 3-2 (Olender,Kramarewiczopposed)to deny the application.Sincetherewerenot 4 affirmativevotes,anothermotion would have to be votedon. On a motion by Olender/Kramarewicz, it was voted4-1 (Travers opposed)to continuethe hearing,in order to obtain more information. #V-08-41Appeal of Church of Christ for property at 207 Central Avenue,locatedin an MF zonedistrict. In accordancewith Sec8.3.1, PermittedUse,and Sec.15.1.11,Parkingo17 spacesrequired to be reducedto 0 spacesin order to convert 832 SF from storefront to church - CONTINUED #Y-08-42Appeal of Sheri Speerfor property at 84 Talman Street, locatedin an MF zone district. In accordancewith Sec.12.1,front yard setback,25'requiredto be reducedto 0'in order to reconstruct 2-family on fire-damagedlot. Seatedwere Marc Benjamin,JosephJacaruso,Dorothy Travers,Henry OlenderandPaulKramarewicz. Mr. Kramarewiczstatedthat the topographyis very steep;the applicant will be providing off-streetparking for the tenants.Mr. Traversnoted that this would help the tax base. Page6 of7  On a motion by KramarewiczlTravers,it was unanimouslyvoted to approvethe variance. #V-08-42Appeal of Sheri Speerfor property at84 Talman Street, locatedin an MF zone district. In accordancewith Sec.12.1,front yard setbackr25' required to be reducedto 0' in order to reconstruct 2-family on fire-damaged lot - APPROVED #V-08-43Appeal of Sheri Speerfor property at 120 Talman Street, locatedin an MF zone district. In accordancewith Sec.12.1,front yard setbackr25' required to be reducedto 14' in order to convert to 2-family. Seatedwere Marc Benjamin,JosephJacaruso,Dorothy Travers,Henry Olenderand PaulKramarewicz. Mr. Kramarewiczstatedthat the applicantwould be providing off-street parking; this will be a vast improvementover the existinguse. Also, the topographyof the lot is the hardship. On a motion by KramarewiczlTravers,it was unanimouslyvoted to approvethe variance. #V-08-43Appeal of Sheri Speerfor property at 120 Talman Street, locatedin an MF zone district. In accordancewith Sec.12.1,front yard setbackr25' required to be reducedto 14' in order to convert to 2-family - APPROVED J. OTHER MATTERS None ADJOURNMENT On a motionby Travers/Rizzuto, it wasunanimously votedto adjournat 8 :4 0p m. Respectfullysubmitted, PauletteCraig, Secretary Zoning Board of Appeals P a g e To f 7