Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS January 11, 2011 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 Dorothy Travers Santo Rizzuto-Alternate Raymond Dussault-Alternate ABSENT: Paul Kramarewicz ALSO PRESENT: Tianne Phoenix Curtis, Zoning Enforcement Officer Darlene Fedus-Papineau, Recording Secretary E. COMMUNICATIONS-NONE F. ACCEPTANCE OF MINUTES On a motion by Jacaruso/Travers, it was voted unanimously to APPROVE the minutes of the December 14, 2010 regular meeting. G. OLD BUSINESS V#10-28 – Appeal of Peter Charron for property located at 520 Boswell Ave. in a Residential R-20 zoning district. In accordance with Sec.8.2.1; Permitted Use to allow conversion of portion of existing single-family residence to retail bake shop. (Continued from 11/9/2010 & 12/14/2010 Regular Meetings) Seated were, Marc Benjamin, Joseph Jacaruso, Henry Olender, Dorothy Travers, Santo Rizzuto and Raymond Dussault. Ms. Curtis entered into the record as Exhibit “A”, public notices of 10/30/10 & 11/05/10, as “B”, ZBA application/Grounds for Appeal; as “C” Notice of variance application; as “D”, Assessor’s street card; as “E”, Abutters Certification of Notices; as “F”, Use Variance referral form ZBA to CCP dated 10/14/10; as “G”, Use Variance return referral from CCP dated 10/21/10; as “H”, Proposed parking plan; as “I”, 20’ scale existing conditions plan; as “J”, Certified mailing of agenda to applicant; as “K”, Photographs 1-3 of existing site; as “L”; Noblick Properties, LLC letter of support; as “M”, Greenville NRZ letter of support; as “N”, Upper Greenville Neighborhood Watch letter of support; as “O”, Use Variance return from ZBA to CCP dated 11/15/10 requesting clarification; as “P”, Certified 1 of 4  mailing of 12/14/10 agenda to applicant; as “Q”, 2nd Use Variance return referral from CCP dated 12/23/10; and as “R”, Certified mailing of 1/11/11 agenda to applicant. Ms. Curtis informed the Board that this public hearing has been continued pending receipt of the second report from CCP and is within the 65-day extension period per CGS. The COCP also voted unanimously to forward an unfavorable recommendation to the ZBA, given the proposed conversion is inconsistent with the POCD and Zoning regulations. Also speaking in favor of the proposed tenant was Rodney Green of 64 Sharpe Hill Road, Montville, CT, owner of Olde Tymes Restaurant. There being no other speakers, the public hearing was closed. H. NEW BUSINESS V#10-32 – Appeal of Norwich Realty Associates, LLC for property located at 624 West Main Street in a Planned Commercial zoning district. In accordance with Sec.12.1; PC Lot Coverage to allow increase to 32.5% to facilitate façade improvements and the construction of an 8,400 sf retail/restaurant pad. Seated were, Marc Benjamin, Joseph Jacaruso, Henry Olender, Dorothy Travers, Santo Rizzuto and Raymond Dussault. Ms. Curtis entered into the record as Exhibit “A”, public notices of 12/30/10 & 1/06/11, as “B”, Cover letter; as “C” Variance Application; as “D”, Grounds for Appeal; as “E”, Abutters Certification of Notices; as “F”, Site plan dated 12/21/10; and as “G”, Certified mailing of 1/11/11 agenda to applicant. Speaking in favor of the applicant was Attorney William Sweeney of TCORS, 43 Broad Street, New London, CT. Mr. Sweeney gave a presentation on the history of the strip mall and informed the Board of a previous variance granted for increase in lot coverage from 30- 31% in 1993. He stated that the property owners want to revitalize and reinvigorate the site that will be beneficial to the surrounding area and community. Mr. Sweeney went into detail regarding the original Site Development plan in 1971which-included Rose Hill Estates and was zoned Commercial Expansion District that is also owned by the applicant. The property has 300 feet of frontage on West Main Street and is a corner lot making the lot irregular and disproportionately burdened by the bulk and dimensional requirements and the building setbacks for both front yards. Mr. Sweeney also stated the rezoning of the two properties also present an unusual hardship for a reasonable expansion of the commercial aspect of the properties. He stated that the requested increase in lot coverage is only 1.5%, which is a reasonable expansion of Page 2 of 4  the commercial use. The variance would be in harmony with the general purpose of the Zoning Regulations and is consistent with the Norwich Plan or Conservation and Development and is not anticipated that any noise, glare or other adverse impacts would be injurious on any neighboring properties and would likely be a substantial improvement to existing conditions. The Board was informed of a major landscaping project planned and the sufficient parking that will be available. Speaking in opposition was Rodney Green, 64 Sharpe Hill Road, Montville, CT and owner of Olde Tymes Restaurant. Mr. Green stated his opposition to the already busy traffic situation and lack of parking for existing stores Mr. Sweeny rebutted by stating that any traffic issues will be addressed and reviewed by the State Traffic Commission. There being no other speakers, the public hearing was closed. I. DISCUSSION/DECISION ON APPLICATIONS V#10-28 – Appeal of Peter Charron for property located at 520 Boswell Ave. in a Residential R-20 zoning district. In accordance with Sec.8.2.1; Permitted Use to allow conversion of portion of existing single-family residence to retail bake shop. (Continued from 11/9/2010 & 12/14/2010 Regular Meetings) Seated were, Marc Benjamin, Joseph Jacaruso, Henry Olender, Dorothy Travers and Raymond Dussault. Mr. Dussault made motion to discuss the application, which was second by Mr. Jacaruso. Mr. Dussault stated that the hardship is reasonable use of the property and the proposed use enhances and compliments the existing use of the commercial aspects of the property. Ms. Travers stated it will enhance Greenville and there was positive support from the community. Mr. Benjamin stated there is already a florist, residence and maintenance shop and questioned how many uses are reasonable without being a stand-alone business. Ms. Curtis informed the Board that the single-family structure is a permitted use in that zone. On a motion by Mr. Dussault and second by Jacaruso, the vote was APPROVED (4-1), Benjamin oppose. V#10-28 – Appeal of Peter Charron for property located at 520 Boswell Ave. in a Residential R-20 zoning district. In accordance with Sec.8.2.1; Permitted Use to allow conversion Page 3 of 4  of portion of existing single-family residence to retail bake shop. (Continued from 11/9/2010 & 12/14/2010 Regular Meetings)APPROVED. V#10-32 – Appeal of Norwich Realty Associates, LLC for property located at 624 West Main Street in a Planned Commercial zoning district. In accordance with Sec.12.1; PC Lot Coverage to allow increase to 32.5% to facilitate façade improvements and the construction of an 8,400 sf retail/restaurant pad. Seated were, Marc Benjamin, Joseph Jacaruso, Henry Olender, Dorothy Travers and Raymond Dussault. The Board stated that the hardships were the unique and irregular shape of the lot, the historical rezoning of the lots and the fact that the applicant is asking for a reasonable expansion and it will be in harmony with the Zoning Regulations and POCD. On motion by Dussault and second by Travers, it was unanimously voted to APPROVE the variance. V#10-32 – Appeal of Norwich Realty Associates, LLC for property located at 624 West Main Street in a Planned Commercial zoning district. In accordance with Sec.12.1; PC Lot Coverage to allow increase to 32.5% to facilitate façade improvements and the construction of an 8,400 sf retail/restaurant pad. APPROVED J. OTHER MATTERS-NONE K. ADJOURNMENT On a motion by Benjamin/Dussault, it was unanimously voted to adjourn at 8:10 p.m. Respectfully submitted, Darlene Fedus-Papineau Recording Secretary Page 4 of 4