Zoning Board of Appeals

DRAFT CITY OF NORWICH ZONING BOARD OF APPEALS February 10, 2009 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: Joseph Jacaruso, Vice Chairman Dorothy Travers Henry Olender Paul Kramarewicz Santo Rizzuto, Alternate Raymond Dussault, Alternate ABSENT: Marc Benjamin, Chairman ALSO PRESENT: Paulette Craig, Zoning Enforcement Officer Darlene Papineau, Recording Secretary ~~~~~ E. COMMUNICATIONS None ~~~~~ F. ACCEPTANCE OF MINUTES On a motion by Kramarewicz/Travers, it was voted unanimously to accept the January 13, 2009 meeting minutes. ~~~~~ G. OLD 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. Seated were, Joseph Jacaruso, Dorothy Travers, Henry Olender, Santo Rizzuto and Raymond Dussault. (Paul Kramarewicz reclused himself). Ms. Craig entered into the record as Exhibit “A”, the application, as “B”, public notices of 11/26/08 & 12/03/08; as “B2”, public notices of 12/31/08 & 1 of 6 1/07/09; 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; as “G”, agreement to rent building to Bethsaida from St. Joseph’s Church; as “H”, brochure; as “I”, statistical information; and as “J”, Bethsaida history. Speaking in favor was Claire Silva, Executive Director of Bethsaida. She explained that since last month’s ZBA meeting there was a meeting between Attorneys from Bethsaida and St. Joseph’s Church; approval of the variance would allow further negotiations between the two. Ms. Silva also informed the Board that the negotiations were delayed due to the possibility of the Church losing tax-exempt status if they leased it to Bethsaida. Father Tomasz Sztuber of the St. Joseph Polish Roman Catholic Church, Clairmont Avenue, on behalf of the Bishop and the Diocese, informed the Board he was instructed to withdraw the application. Ms. Craig informed Father Tomasz the applicant is the only one who can withdraw the application. After some discussion it was determined by the Board if the variance was approved they would add a strict condition that only Bethsaida could operate the building. There being no other speakers, the public hearing was closed. ~~~~~ #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. Seated were, Joseph Jacaruso, Dorothy Travers, Henry Olender, Paul Kramarewicz and Santo Rizzuto. Ms. Craig entered into the record as Exhibit “A”, the application, as “B1”, public notices of 11/26/08 & 12/03/08; as “B2”, public notices of 12/31/08 & 1/07/09; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map; as “F”, complaint file; as “G”, correspondence to Dr. Stirba 11/3/2008, as “H”, unfavorable recommendation from CCP; as “I”, support letter-Watch Hill Pizza; as “J”, request for continuance; and as “K”, request for withdrawal. Speaking in favor was Dr. Clifford Stirba, Deacon of Church of Christ. He briefly told the Board that they would like to stay at the current location but due to zoning violations they will be leaving. Also speaking in favor was Delano Kennard, Pastor of Church of Christ. He told the Board the Church is asking for a continuance on the application or a 6 -month stay at the current location while negotiations are held regarding a property they are currently considering purchasing. Ms. Craig reminded the applicant that the Zoning department has been Page 2 of 6  investigating and working with them since July of 2008 when the initial complaint was received, giving them ample time to satisfy the requests of her department. There being no other speakers, the public hearing was closed. ~~~~~ H. NEW BUSINESS #V-09-01 Appeal of Steven Sipperly for property at 21 Case St. located in an R40 zone district. In accordance with Sec. 5.1, southerly side yard setback reduce from 10’ to 4’, Sec. 12.1, southerly side yard setback reduce from 30’ to 4’, and lot coverage, 10% to 16% in order to keep a 20’ x 8’ shed. Seated were, Joseph Jacaruso, Dorothy Travers, Henry Olender, Paul Kramarewicz and Raymond Dussault. Ms. Craig entered into the record as Exhibit “A”, the application, as “B”, public notices of 01/28/09 & 02/04/09; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map; as “F”, applicant’s sketch; as “G”, colored setbacks; as “H”, red lined setbacks; as “I”, letter of support -OBGYN; as “J”, letter of support-Vanase; as “K”, pictures; as “L”, sketch; as “M”, zone chart; and as “N”, acknowledgment. Speaking in favor of the applicant was Attorney John Fitzgerald. He told the Board that the hardship associated with the property is the peculiar small lot that is 60’x190’ deep, that is totally non-conforming. He explained the only conforming area is a five-foot strip right in the middle of the back yard. Attorney Fitzgerald stated that the applicant didn’t apply for the permit because he didn’t realize he needed to obtain one; it was an innocent mistake. The shed would be a storage area for firewood that the applicant would use to heat his home through several fireplaces. Also, speaking in favor was Steven Sipperly, owner of 21 Case Street. He told the Board he would like to preserve the historical nature of the property so he built the shed to fit in with the historical authenticity of the other structures on the property. The shed was built on a pressure treated deck and is anchored down by sauna tubes. Ms. Craig reminded the applicant that if the property were in the local historical district, the Historic Commission would also be involved in the approval process, as well as the building department. The Board complimented the applicant on the transformation of the property over the years and stated there was a hardship associated with the property size. There being no other speakers, the public hearing was closed. ~~~~~ #V-09-02 Appeal of Josh Varsen for property at 43 North Main St. Page 3 of 6  located in a GC zone district. In accordance with Sec. 15.1.4, Parking Requirements for a retail shop, 8 spaces required to be reduced to 0 spaces in order to convert to take out pizza shop. Seated were, Joseph Jacaruso, Dorothy Travers, Henry Olender, Paul Kramarewicz and Santo Rizzuto. Ms. Craig entered into the record as Exhibit “A”, the application, as “B”, public notices of 01/28/09 & 02/04/09; as “C”, abutters’ notices; as “Assessor’s street card; and as “E”, GIS map. Speaking in favor was the applicant, Josh Varsen of 26 Ortega Drive, Preston. He told the Board he wants to buy the building and relocate his current restaurant, Castle Pizza, to a take-out only. He stated the bulk of business is between 4:00p.m. -10:00p.m. The current building he leases is small with heating and venting issues and due to the lease being over, he is forced to move. Also, speaking in favor was James Gay, of 18 Flyers Drive in Norwich, owner of the property. He told the Board that it is a good idea to keep another business in Norwich and the last tenant was a detail shop that didn’t work out. There being no other speakers, the public hearing was closed. ~~~~~ I. DISCUSSION/DECISION ON APPLICATIONS #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. Seated were, Joseph Jacaruso, Dorothy Travers, Henry Olender, Santo Rizzuto and Raymond Dussault. (Paul Kramarewicz reclused himself). The Board discussed the tax-exempt status on the former convent and the possibility of the Church losing its status. On a motion by Rizzuto/Olender the vote was 4-1 (Travers opposed) to approve the application with the condition that only Bethsaida could operate the rooming house in the building. #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.APPROVED WITH THE CONDITION ONLY BETHSAIDA CAN OPERATE THE ROOMING HOUSE IN THE BUILDING. ~~~~~ Page 4 of 6  #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. Seated were Joseph Jacaruso, Dorothy Travers, Henry Olender, Paul Kramarewicz and Santo Rizzuto. Mr. Olender noted the applicant was moving out and the owner wants to keep the property as commercial. The Board was in agreement that there wasn’t a hardship associated with the property and it received an unfavorable recommendation from COCP. On a motion by Kramarewicz/Olender it was voted (0-5)-the variance was denied. #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 -DENIED ~~~~~ #V-09-01 Appeal of Steven Sipperly for property at 21 Case St. located in an R40 zone district. In accordance with Sec. 5.1, southerly side yard setback reduce from 10’ to 4’, Sec. 12.1, southerly side yard setback reduce from 30’ to 4’, and lot coverage, 10% to 16% in order to keep a 20’ x 8’ shed. Seated were, Joseph Jacaruso, Dorothy Travers, Henry Olender, Paul Kramarewicz and Raymond Dussault. The Board noted the hardship was the small lot. The request was not unreasonable. On a motion by Kramarewicz/Dussault, it was unanimously voted to approve the variance. #V-09-01 Appeal of Steven Sipperly for property at 21 Case St. located in an R40 zone district. In accordance with Sec. 5.1, southerly side yard setback reduce from 10’ to 4’, Sec. 12.1, southerly side yard setback reduce from 30’ to 4’, and lot coverage, 10% to 16% in order to keep a 20’ x 8’ shed.APPROVED ~~~~~ #V-09-02 Appeal of Josh Varsen for property at 43 North Main St. located in a GC zone district. In accordance with Sec. 15.1.4, Parking Page 5 of 6  Requirements for a retail shop, 8 spaces required to be reduced to 0 spaces in order to convert to take out pizza shop. Seated were, Joseph Jacaruso, Dorothy Travers, Henry Olender, Paul Kramarewicz and Santo Rizzuto. The Board determined that the hardship is the fact that the building covers the entire property. The Board also discussed the fact that the business would remain in Norwich. It was also determined the Board would put a condition on the property to be used as a take out pizza shop only. On a motion by Travers/Travers, it was unanimously voted to approve the variance. # V-09-02 Appeal of Josh Varsen for property at 43 North Main St. located in a GC zone district. In accordance with Sec. 15.1.4, Parking Requirements for a retail shop, 8 spaces required to be reduced to 0 spaces in order to convert to take out pizza shop.APPROVED ~~~~~ J. OTHER MATTERS None K. ADJOURNMENT On a motion by Kramarewicz/Dussault, it was unanimously voted to adjourn at 8:40 pm. Respectfully submitted, Paulette Craig, Secretary Zoning Board of Appeals Page 6 of 6