Zoning Board of Appeals

DRAFT CITY OF NORWICH ZONING BOARD OF APPEALS September 8, 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: Marc Benjamin, Chairman Joseph Jacaruso, Co-Chairman Henry Olender Paul Kramarewicz Raymond Dussault, Alternate ABSENT: Dorothy Travers Santo Rizzuto-Alternate ALSO PRESENT: Nancy Bram- Mereen, Zoning Enforcement Officer Darlene Fedus- Papineau, Recording Secretary ~~~~~ E. COMMUNICATIONS: NONE NONE ~~~~~ F. ACCEPTANCE OF MINUTES On a motion by Kramarewicz/Dussault, it was voted unanimously to accept the July 14, 2009 meeting minutes as presented. ~~~~~ G. OLD BUSINESS-NONE . ~~~~~ H. NEW BUSINESS #V-09-18 Appeal of Christopher Barile for property located at 181 Plain Hill Rd., located in an R-40 zone district. In accordance with Sec.4.1.1, Strengthening and Restoration; Sec 12.1, front yard reduction from 50’to 47’ in order to access and egress existing structure after existing building was considered unsafe. Seated were Marc Benjamin, Joseph Jacaruso, Henry Olender, Paul 1 of 5  Kramarewicz, and Raymond Dussault. Ms. Bram-Mereen entered into the record as Exhibit “A”, the application, as “B”, public notices of 08/26/09 & 09/02/09; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map; as “F”, applicant’s site plan; as “G”, Memo to Building Department and photos; and as “H”, Photos of elevation. On a motion by Kramarewicz/Benjamin it was unanimously voted to continue the application without prejudice to re-advertise due to a change proposed by the applicant. There being no other speakers, the public hearing was closed. ~~~~~ #V-09-19 Appeal of Dawn Touhey for property located at 61 Reynolds St. Ext., located in an MF zone district. In accordance with Sec. 12.1, side yard reduction from 10’ to 2’ to construct a garage on a narrow and sloping property. Seated were Marc Benjamin, Joseph Jacaruso, Henry Olender, Paul Kramarewicz, and Raymond Dussault. Ms. Bram-Mereen entered into the record as Exhibit “A”, the application, as “B”, public notices of 08/26/09 & 09/02/09; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map & sketch; and as “F”, photos. Speaking in favor was the applicants Dawn Twomey and Allen Stencil of 61 Reynolds There being no other speakers, the public hearing was closed. Ms. Bram-Mereen entered into the record as Exhibit “A”, the application, as “B”, public notices of 08/26/09 & 09/02/09; as “C”, abutters’ notices; as “D”, Assessor’s street card; as “E”, GIS map; as “F”, applicant’s site plan; as “G”, 2006 variance approval; as “H”, favorable recommendation-CCP; as “I”, petition; as “J”, newspaper articles; and as “K”, applicant’s sketch. ~~~~~ #V-09-17 Appeal of Rebbecca Tindall for property located at 458-462 & 464 East Main St, located in an NC zone district. In accordance with Sec. 15.1.1 & 15.1.4, Off-Street Parking, reduction of required parking spaces from 14 spaces to 11 spaces in order to convert from club to retail. Seated were Marc Benjamin, Henry Olender, Santo Rizzuto and Raymond Dussault. Ms. Craig entered into the record as Exhibit “A”, the application, as “B”, public notices of 07/01/09 & 07/08/09; as “C”, abutters’ notices; as “D”, Page 2 of 5  Assessor’s street card; as “E”, GIS map; as “F”, photos; and as “G”, GIS map with property line. Speaking in favor was the applicant, Rebbecca Tindall, owner of Ginger Root, a small health food store. She told the Board she wants to expand the business from the current 850sf to 2000sf. The property she is seeking the variance for has two apartments and a business that is a permitted use in that zone. The applicant has five employees and would like to combine the lots to create more parking. The Board discussed the necessity of putting conditions on the property relative to combining the lots and exclusive to the applicant. There being no other speakers, the public hearing was closed. ~~~~~ DISCUSSION/DECISION ON APPLICATIONS V-09-15 Appeal of Donald Cormier for property located at 135/139 Yantic Rd, located in an R-80 zone district. In accordance with Sec. 3.1.1, 4.1.3 & 4.4, expansion of non-conforming use/building; Sec. 12.1, front yard setback reduction from 60’ to 22 ½’; side yard setback reduction from 40’ to 8 ½’; rear yard setback reduction from 60’ to 20’; lot coverage increase from 10% to 50%; and Sec. 15.1, decrease off-street parking from 10 to 8 spaces in order to permit expansion of legal, pre-existing, non-conforming manufacturing use and building. Seated were Marc Benjamin, Henry Olender, Santo Rizzuto and Raymond Dussault. The Board discussed the hardships as the lot size, the fact that the property is a pre-existing, non-conforming lot and the fact that the applicant doesn’t have reasonable use of the property. On a motion by Rizzuto/Dussault, it was voted unanimously to approve the variance. V-09-15 Appeal of Donald Cormier for property located at 135/139 Yantic Rd, located in an R-80 zone district. In accordance with Sec. 3.1.1, 4.1.3 & 4.4, expansion of non-conforming use/building; Sec. 12.1, front yard setback reduction from 60’ to 22 ½’; side yard setback reduction from 40’ to 8 ½’; rear yard setback reduction from 60’ to 20’; lot coverage increase from 10% to 50%; and Sec. 15.1, decrease off-street parking from 10 to 8 spaces in order to permit expansion of legal, pre-existing, non-conforming manufacturing use and building.APPROVED WITH CONDITION THAT LOTS ARE COMBINED. ~~~~~ #V-09-16 Appeal of 1721 LLC for property located at 495 East Main St, located in an MF zone district. In accordance with Sec. 12.1, side yard setback reduction from 10’ to 1’ and front yard setback reduction from .25’ to 0’; Sec. Page 3 of 5 8.3.1, permitted use; Sec. 3.1.1, conformity of buildings and land; 4.1.3, change to conforming use; and 4.4 building expansions, as may be necessary to permit the expansion of a legal pre-existing non-conforming restaurant use and building in an MF district. Seated were Marc Benjamin, Henry Olender, Santo Rizzuto and Raymond Dussault. The Board discussed the hardships as the unique topography including ledge and a cliff, the small width of the property and the owner not having reasonable use of the property and ADA and building code compliance. The Board stated it would be an improvement to the area by enhancing the neighborhood. On a motion by Rizzuto/Dussault it was unanimously voted to approve the variance. #V-09-16 Appeal of 1721 LLC for property located at 495 East Main St, located in an MF zone district. In accordance with Sec. 12.1, side yard setback reduction from 10’ to 1’ and front yard setback reduction from .25’ to 0’; Sec. 8.3.1, permitted use; Sec. 3.1.1, conformity of buildings and land; 4.1.3, change to conforming use; and 4.4 building expansions, as may be necessary to permit the expansion of a legal pre-existing non-conforming restaurant use and building in an MF district.APPROVED WITH CONDITION THAT PARKING LOT IS PAVED AND STRIPED. ~~~~~ #V-09-17 Appeal of Rebbecca Tindall for property located at 458-462 & 464 East Main St, located in an NC zone district. In accordance with Sec. 15.1.1 & 15.1.4, Off-Street Parking, reduction of required parking spaces from 14 spaces to 11 spaces in order to convert from club to retail. Seated were Marc Benjamin, Henry Olender, Santo Rizzuto and Raymond Dussault. The Board discussed the fact that the applicant was expanding and relocating a commercial business and wasn’t asking for anything unreasonable. It was noted that the applicant combines the lots if she purchases the property. On a motion by Rizzuto/Dussault it was unanimously voted to approve the variance. #V-09-17 Appeal of Rebbecca Tindall for property located at 458-462 & 464 East Main St, located in an NC zone district. In accordance with Sec. 15.1.1 & 15.1.4, Off-Street Parking, reduction of required parking spaces from 14 spaces Page 4 of 5  to 11 spaces in order to convert from club to retail.APPROVED WITH CONDITION THAT LOTS BE COMBINED AND REBBECCA TINDALL OWNS THE PROPERTY. I. OTHER MATTERS- At this time the Board thanked Paulette Craig for her years of service and wished her the best on her pending retirement. On a motion by Chairman Benjamin it was unanimously decided to enter into executive session at 8:00 p.m. At 8:15 the Board returned from executive session. K. ADJOURNMENT On a motion by Rizzuto/Dussault, it was unanimously voted to adjourn at 8:15 p.m. Respectfully submitted, Paulette Craig, Zoning Enforcement Officer Zoning Board of Appeals Page 5 of 5