Zoning Board of Appeals

DRAFT CITY OF NORWICH ZONING BOARD OF APPEALS March 9, 2010 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 Santo Rizzuto-Alternate Raymond Dussault-Alternate ABSENT: Dorothy Travers ALSO PRESENT: Tianne Phoenix Curtis, Zoning Enforcement Officer Darlene Fedus- Papineau, Recording Secretary ~~~~~ E. COMMUNICATIONS: NONE ~~~~~ F. ACCEPTANCE OF MINUTES On a motion by Rizzuto/Jacaruso, it was voted unanimously to approve the minutes October 13, 2009 and the February 9, 2010 regular meetings. ~~~~~ G. OLD BUSINESS 1. V#10-01 – Appeal of DJ Norwich Enterprises, LLC for property located at 87-91 Main Street, located in a Chelsea Central (CC) zoning district. In accordance with Sec.9.4.1 (A)(1), permitted uses in a CC zone. Use variance to allow a proposed community center. Seated were Marc Benjamin, Joseph Jacaruso, Paul Kramarewicz, Henry Olender, Santo Rizzuto and Raymond Dussault. Ms. Curtis entered into the record as Exhibit “A”, public notices of 1 of 5  01/27/10 & 02/03/10, as “B”, ZBA application; as “C”, notice of variance application; as “D”, certification of notice w/ certified mail receipt; as “E”, deed/certificate of foreclosure; as “F”, assessors street cards; as “G”, floor plan from Main and Water Streets; as “H”, certified mailing of agenda to applicant; as “I”, use variance referral; as “J”, use variance recommendation from CCP; as “K”, GIS plot plan; and as “L”, 2nd certified mailing of agenda to applicant. Upon motion by Benjamin and second by Rizzuto it was unanimously voted to grant a extension of 30 days and continue the variance until the next scheduled meeting of April 13, 2010 since there wasn’t anyone present to represent the applicant. H. NEW BUSINESS 1. V#10-03 – Appeal of Creative Properties for property located at 279 West Main St, located in a General Commercial (GC) zoning district. In accordance with Sec.3.9 Corner Visibility and Sec. 12.1 Front Yard setback request to reduce to 0’ to allow construction of signage. Seated were Marc Benjamin, Joseph Jacaruso, Paul Kramarewicz, Henry Olender, Santo Rizzuto and Raymond Dussault. Ms. Curtis entered into the record as Exhibit “A”, public notices of 02/24/10 & 03/05/10, as “B”, ZBA application; as “C”, notice of variance application; as “D”, assessors street card; as “E”, lease agreement; as “F”, plan of land to be acquired dated 9/13/1984; as “G”, site development plan #635 dated 6/26/1991; as “H”, conceptual drawing of signage in proposed location; as “I”, certified mailing of agenda to applicant; and as “J”, certified notice to abutters. Speaking in favor of the application was Matt Ostrowski property owner of 279 West Main Street. Mr. Ostrowski told the Board that for greater visibility they are requesting this variance to place an advertising sign in the 8 ft area on West Main Street that is owned by the State of CT. The Board was shown a vague diagram where the applicant would prefer to place the sign that was not the original exhibit that was submitted with the application. The Board informed the applicants that they would need to be more specific as to clearance, grade and dimensions of the sign and the exact placement. Mr. Benjamin stated that other departments such as the Building Department and the State of Connecticut might also need to be involved with the specifics. On a motion by Rizzuto and second by Kramarewicz it was unanimously voted to continue the hearing pending further information by the applicant, to the April 13, 2010 regular meeting. ~~~~~ 2. V#10-04 – Appeal of Gershman Brown Crowley, Inc. for property Page 2 of 5 located at 372-378 West Main St and 234 Mount Pleasant St., located in a General Commercial (GC) zoning district. In accordance with Sec.3.15 Buffer Screening request to reduce to 0’ with screening fence and Sec.5.5 Fences to allow construction of retaining wall in excess of 6’. Seated were Marc Benjamin, Joseph Jacaruso, Paul Kramarewicz, Henry Olender, Santo Rizzuto and Raymond Dussault. Ms. Curtis entered into the record as Exhibit “A”, public notices of 02/24/10 & 03/05/10, as “B”, ZBA application/ground for appeal; as “C”, notice of variance application; as “D”, abutters certification of notice; as “E”, fencing product guide; as “F”, site plan dated 02/12/2010; and as “G”, certified mailing of agenda to applicant. Speaking in favor was William Sweeney, of TCORS, Counsel for the applicant. Attorney Sweeney stated the grounds for appeal as follows: The applicant plans to redevelop the property and remove the three existing buildings to allow for the construction of a 12,900sf, single one- story CVS pharmacy with a drive thru, access drives and 71 parking spaces. The elevation of the site will be lowered dramatically to create a level area to meet ADA requirements. Retaining walls within the side and rear yards would be constructed to replace a landscaped buffer required. The wall ranges in height from several feet to over twenty feet high at the southwest corner. Mr. Sweeney also stated a six foot high fence will be installed along the rear property lines of the abutting residential area on Peck and Beckwith Streets to enhance the privacy of the neighbors. Mr. Sweeney noted the hardships as the steep topography of the site in turn creating non-compliance with ADA and the improved traffic flow pattern that will increase safety in the area. The variances requested are the minimum required to obtain reasonable use of the property. Mr. Sweeney also stated to the Board that the variances would be in harmony with the Zoning Regulation and will not be injurious to the neighborhood and are consistent with the POCD. Also speaking in favor was Pat O’Leary of BHB Engineering. He told the Board the retaining wall would consist of pre-cast concrete with a textured finish. Speaking in opposition was Patricia Chan of 20 Beckwith Street. She stated to the Board that she was concerned about safety and noise that could occur during construction. Ms. Chan asked if a privacy fence could be placed around her property to detract the noise. The Board stated to Ms. Chan that they could not enforce on the applicant to place a fence around their property. There being no other speakers, the public hearing was closed. ~~~~ Page 3 of 5 I. DISCUSSION/DECISION ON APPLICATIONS V#10-04 – Appeal of Gershman Brown Crowley, Inc. for property located at 372-378 West Main St and 234 Mount Pleasant St., located in a General Commercial (GC) zoning district. In accordance with Sec.3.15 Buffer Screening request to reduce to 0’ with screening fence and Sec.5.5 Fences to allow construction of retaining wall in excess of 6’. Seated were Marc Benjamin, Joseph Jacaruso, Paul Kramarewicz, Henry Olender, Santo Rizzuto and Raymond Dussault. The Board discussed the hardship as the topography of the property and compliance with the ADA requirements. On a motion by Dussault and second by Jacaruso the Board unanimously voted to approve the variance. V#10-04 – Appeal of Gershman Brown Crowley, Inc. for property located at 372-378 West Main St and 234 Mount Pleasant St., located in a General Commercial (GC) zoning district. In accordance with Sec.3.15 Buffer Screening request to reduce to 0’ with screening fence and Sec.5.5 Fences to allow construction of retaining wall in excess of 6’.APPROVED ~~~~~ K. ADJOURNMENT On a motion by Jacaruso/Benjamin, it was unanimously voted to adjourn at 8:15 p.m. Respectfully submitted, Darlene Fedus-Papineau Recording Secretary Page 4 of 5 Page 5 of 5