Zoning Board of Appeals

DRAFT CITY OF NORWICH ZONING BOARD OF APPEALS April 13, 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 Dorothy Travers Henry Olender Paul Kramarewicz Santo Rizzuto-Alternate ABSENT: Raymond Dussault-Alternate 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/Kramarewicz, it was voted unanimously to approve the minutes of the March 13, 2010 regular meeting. 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, Dorothy Travers, Paul Kramarewicz, and Henry Olender. Ms. Curtis entered into the record on 03/13/10 as Exhibit “A”, public notices of 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; 1 of 5  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. Ms. Curtis entered into the record additional exhibits at the regular meeting of 04-13-10 as Exhibit “M”, 3rdl certified mailing of agenda to applicant; as “N”, minutes of the 3/9/10 ZBA meeting; and as “O”, Keith Ripley communication. Ms. Curtis noted to the Board that the hearing had been continued from the 3/9/10 regular meeting, as there were none present at the prior meeting to represent the applicant. Correspondence from resident Mr. Keith Ripley was to be read during the public speaking session and copies of said correspondence were distributed to each member. Ms. Curtis read said correspondence was into the record and marked as Exhibit “O”. Mr. Benjamin informed the board that to be in compliance with CGS, the public hearing portion of the application would need to conclude this evening, however the Board could table the decision if so needed. 2. 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, Dorothy Travers, Paul Kramarewicz, Henry Olender and Santo Rizzuto. 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 at the regular meeting March 9, 2010. Ms. Curtis entered into the record an additional exhibit at the regular meeting of 04-13-10 as Exhibit “M”, proposed signage. Speaking in favor of the application was the property owner, Matt Ostrowski. The Board reviewed the picture (Exhibit “M”) of the proposed signage and the revised position of the location. Mr. Ostrowski informed the Board that due to The State of Connecticut having mechanicals under ground, the sign could not be placed in the 8’ strip owned by the State. Another requirement was the sign needed to withstand 110’ mile per hour winds per the Building Department requirements. The sign would be 2 sided and lighted with a 6’ clearance and measuring 162” x 96” as depicted on Exhibit “M”. Mr. Benjamin asked if the sign would interfere with the amount of parking spots. Ms. Curtis informed the Board that the original site plan required 9 spaces and there are 9 spaces provided. Also speaking in favor of the application was Wendy Wallace. She stated there are 10 spaces. Ms. Curtis inquired if that tenth space included the truck loading space. There was discussion as to the re-striping and re-curbing Page 2 of 5  and the size of the spaces in the parking lot. The applicants were informed that they couldn’t change the original SDP to accommodate a sign. Mr. Benjamin stated that the variance asked for was to place a sign and that’s what the Board could talk and vote upon. There being no other speakers, the public hearing was closed. H. NEW BUSINESS 1. V#10-05 – Appeal of Michael Ortiz for property located at 38 Flyers Drive, located in a Residential R-40 zoning district. In accordance with Sec.12.1 30’ Side Yard setback request to reduce to 14’ and 50’ Rear Yard setback request to reduce to 40’ to allow construction of rear deck. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz, Henry Olender and Santo Rizzuto. Ms. Curtis entered into the record as Exhibit “A”, public notices of 04/01/10 & 04/09/10, as “B”, ZBA application/Grounds for Appeal; as “C” notice of variance application; as “D”, Abutters Certification of Notice; as “E”, Assessor’s street card; as “F”, sketch of proposed deck w/stairs; and as “G”, Certified mailing of agenda to applicant. Ms. Curtis informed the Board that the requirements in the applicant’s area render him 0% building capability. The lot is 75’x110’ and there is no room to build within the setbacks required. Speaking in favor was the applicant, Michael Ortiz who told the Board he wants to build a one level 12’ x 10’ deck with 3’ of stairs coming off the northerly side of the property with a slider off the house. Mr. Benjamin noted the fact that the applicant has a small lot and the house covers the area where the applicant is allowed to build. There being no other speakers, the public hearing was closed. I. DISCUSSION/DECISION ON APPLICATIONS 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, Dorothy Travers, Paul Kramarewicz, Henry Olender and Santo Rizzuto. Mr. Benjamin noted that the applicant has not been present for the past three meetings and hasn’t accepted any of the correspondence sent certified mail. He stated the letter from a citizen in favor of the application was read into record. Mr. Benjamin noted that since the key element of a variance is a hardship and there was no hardship associated with this Page 3 of 5  variance. The Board was in agreement. On a motion by Mr. Kramarewicz and second by Mr. Jacaruso, it was voted unanimously voted to deny the variance. 2. 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. DENIED 3. 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, Dorothy Travers, Paul Kramarewicz, Henry Olender and Santo Rizzuto. The Board discussed the hardships as the two front yards, location of the sewer line, and minimum visibility from both directions. Mr. Benjamin stated that the Board put stipulations on the variance. On a motion by Jacaruso and second by Travers it was unanimously voted to approve the variance. 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 - APPROVED WITH CONDITION THAT THE SIGN BE PLACED 8’ OFF OF THE PROPERY LINE WITHIN THE FIRST 20’ OF THE PARKING LOT AND AN AS-BUILT DRAWING IS REQUIRED. 4. V#10-05 – Appeal of Michael Ortiz for property located at 38 Flyers Drive, located in a Residential R-40 zoning district. In accordance with Sec.12.1 30’ Side Yard setback request to reduce to 14’ and 50’ Rear Yard setback request to reduce to 40’ to allow construction of rear deck. Seated were Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz, Henry Olender and Santo Rizzuto. The Board discussed the hardships, and noted the applicant doesn’t have reasonable use of his property, the small lots and the location of the septic system. On a motion by Kramarewicz and second by Rizzuto it was unanimously voted to approve the variance. V#10-05 – Appeal of Michael Ortiz for property located at 38 Flyers Page 4 of 5  Drive, located in a Residential R-40 zoning district. In accordance with Sec.12.1 30’ Side Yard setback request to reduce to 14’ and 50’ Rear Yard setback request to reduce to 40’ to allow construction of rear deck - APPROVED K. ADJOURNMENT On a motion by Kramarewicz/Rizzuto, it was unanimously voted to adjourn at 7:55 p.m. Respectfully submitted, Darlene Fedus-Papineau Recording Secretary Page 5 of 5