Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS March 13, 2012 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 Paul Kramarewicz Raymond Dussault-Alternate Joe East- Alternate ABSENT: Henry Olender Peter Cuprak-Alternate ALSO PRESENT: Tianne Phoenix Curtis, Zoning Enforcement Officer E. COMMUNICATIONS - None F. ACCEPTANCE OF MINUTES On a motion by Travers/Kramarewicz, it was voted unanimously to APPROVE the minutes of the February 14, 2012 regular meeting. G. OLD BUSINESS 1. V#12-01 – Request of Wang’s Investment Corp for property located at 327 Central Avenue located in a Multifamily (MF) zoning district. In accordance with Sec.15.1.11 13 off street parking spaces request reduction to 5 for the conversion to church. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz, and Raymond Dussault and Joe East. Ms. Curtis noted the Public Hearing opened at the 02/14/12 had been continued to this meeting at the request of the applicant; so that they could revise their testimony of lack of hardship(s). No further exhibits had been submitted. Janet Orsino, property manager, 80 West Ave., Darien, CT spoke on behalf of the applicant. She stated the church would be a positive impact to the community, and that the group would only be using the property one day per week. Ms. Orsino noted the group doesn’t define themselves as an official ‘church’, as the group consists of 5-10 people, but for religious reasons they want 1 of 4 the word church to be included. They are not looking to open it up to a massive congregation; however a massive congregation was a possibility. Chairman Mark Benjamin requested Ms. Orsino state the revised hardship the applicant was presenting, as this was the responsibility of the applicant and not the Board. Chairman Marc Benjamin noted for the record a Variance would not be granted without valid & clear hardships. Janet Orsino responded that the applicant had selected this particular location because they and the church have a connection to the neighborhood, and that it is difficult to rent commercially. Chairman Benjamin repeated for the final time that a valid hardship must be unique to the property, not the individual and can’t be financial. The floor was open to those wishing to speak in favor/opposition. Pastor Femi spoke in favor of the variance. They have one branch in New London and one branch in Norwich. It helps out the community and they’re running out of space. Pastor Alani Tadaqha spoke in favor in of the variance. Deacon God’s Gift of New London spoke in favor of this variance. Their presence in the City of Norwich would have a positive impact in the community. Applicant Frank Calzone, 109 Webbs Hill Road, Stamford, CT spoke in favor of the variance stating the hardship is the inability to maximize fair use of their property. George of Norwich, CT spoke in favor of the variance stating that on-street parking would suffice given the size of the congregation. There being no other speakers, the public hearing was closed. H. NEW BUSINESS: 1.V#12-03 – Request of Brenda Sautter for 127 Newton Street located in a Residential R-20 zoning district. In accordance with Sec.12.1; 20,000 sq.ft. lot area required, request reduction to 10,080 sq.ft. for the construction of a single family home. Ms. Curtis stated the Public Hearing could not be opened, as the required abutters’ notices had not been sent within 10 days of the meeting, pursuant Sec.19.1.3 (d). Upon motion by Chairman Benjamin, second by Raymond Dussault, the Board voted unanimously to table V#12-03 to the 4/10/12 regular meeting. Page 2 of 4 I. DISCUSSION/DECISION ON APPLICATIONS 1. V#12-01 – Request of Wang’s Investment Corp for property located at 327 Central Avenue located in a Multifamily (MF) zoning district. In accordance with Sec.15.1.11 13 off street parking spaces request reduction to 5 for the conversion to church. Seated were, Marc Benjamin, Joseph Jacaruso, Dorothy Travers, Paul Kramarewicz, and Raymond Dussault. Motion was made by Paul Kramarewicz, second by Dorothy Travers to approve. Paul Kramarewicz stated that the space is currently vacant, and the presence of a tenant would increase safety in the area. Paul Kramarewicz felt we should support improvements to the neighborhood, and also noted the applicant will still need approvals from the CCP. Dorothy Travers was in agreement with Paul Kramarewicz. Ray Dussault said that, while he respects the congregation’s views and faith, nothing at all had been presented that could be considered a hardship. He noted the property is street-level commercial property that would be taken off the tax roll, and the use would be inappropriate to the property. They are trying to do the right thing with the wrong piece of property. He stated that there are vacancies in all areas of the City; a particular neighborhood could not take precedence over another. Joe Jacaruso stated it was difficult to determine their hardship but it was very difficult to say no to a church. Chairman Marc Benjamin was in agreement with Ray Dussault. He stated that the Board represents the City, & minimizing the City’s potential is not acceptable. Furthermore, the applicant presently has reasonable use of the property with the pre-existing apartments. Motion was made by Paul Kramarewicz, second by Dorothy Travers, to approve V#12-01. Marc Benjamin, Joe Jacaruso & Ray Dussault opposed. Motion failed. DENIED (3-2) J. OTHER MATTERS 1. Election of Chairman and Vice Chairman Motion was made by Paul Kramarewicz, second by Ray Dussault, to TABLE the election to the 4/10/12 regular meeting for attendance of all members. Motion passed unanimously. Page 3 of 4 K. ADJOURNMENT Motion was made by Paul Kramarewicz, second by Joe Jacaruso, to adjourn at 7:45 p.m. Respectfully submitted, Recording Secretary Linda Lee Smith Page 4 of 4