Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS February 12, 2013 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 Paul Kramarewicz Henry Olender Joe East – Alternate Peter Cuprak - Alternate Raymond Dussault-Alternate ABSENT: Dorothy Travers ALSO PRESENT: Tianne Phoenix Curtis, Zoning Enforcement Officer Linda Lee Smith, Recording Secretary E. COMMUNICATIONS 1. Tianne Curtis verified the board had received the e-filing pertaining to appeal of V#12-01, 74 Russell Rd, in the February 12, 2013 informational packets. The board confirmed receipt. 2. Tianne Curtis stated a State Land Use seminar brochure had been included in member’s packets, open to municipal zoning boards. F. ACCEPTANCE OF MINUTES Upon motion by Paul Kramarewicz, second by Joe East, it was voted unanimously to APPROVE the minutes of the January 8, 2012 regular meeting. G. OLD BUSINESS: None H. NEW BUSINESS: Tianne Curtis requested the board state on the record the alternate hearing the appeal prior to the opening of the public hearing. There was brief discussion relative to the rotation by seniority. The board determined Ray Dussault would be the voting alternate for V#13-01; Joe East would be the voting alternate for V#13-02. Paul Kramarewicz recused himself from V#13-02, asking Peter Cuprak to also be a voting alternate for V#13- 02. 1. V#13-01 – Application of Sheldon Robbins for property located at 33 Sherman St. in a Neighborhood Commercial (NC) zoning district. In 1 of 6  accordance with Sec.12.1, 25% lot coverage permitted; request increase to 50% for the construction of a 9’x9’ connector and cover over existing deck. Seated were Marc Benjamin, Joseph Jacaruso, Henry Olender, Paul Kramarewicz, and Ray Dussault. Tianne Curtis entered into the record exhibits A-G. Property owner, Sheldon Robbins, 16-1 Bailey Road, Old Lyme, CT presented. Also in attendance were Shem Adams, 3 Lower Blvd, New London, CT., and Clarence Montgomery, 60 Highland Drive, Ledyard, CT. Mr. Robbins stated he is the property owner of 33 & 35 Sherman St., and the two have been merged & recorded. Mr. Robbins would like to construct a connector between the two existing structures; one a bar and the other a takeout restaurant. Additionally, he is proposing to cover an existing deck. Mr. Robbins explained he exceeds the lot-coverage, and with the proposed construction, the non-conformity will be expanded. Mr. Robbins stated it wasn’t feasible to relocate the kitchen to the restaurant portion as it would decrease usable area. Mr. Adams noted the proposed conversion of the bar to restaurant is contingent upon the connector. Mr. Robbins stated exceeding the permitted 25% created a hardship to future development. Marc Benjamin requested clarification of the dimensions; there was a discrepancy between the application & testimony. Tianne Curtis clarified the 9’ x 9’ requested encompassed the portion impacting lot coverage and not open infill. Paul Kramarewicz questioned if the connector was going in the front between the two buildings. Clarence Montgomery referred to Exhibit “G”, stated it was going at the rear side of the building. Clarence Montgomery asked if the application would need to be amended to add a service window. Tianne Curtis replied the amendment would not impact the variance request and not a ZBA matter. Ms. Curtis stated she would be happy to meet with them administratively. Marc Benjamin stated the two adjacent properties are maximizing the permitted lot coverage, and with the combining of the lots, the location of the proposed connector will not impact the setbacks. Mr. Robbins stated the two had indeed been merged, a new Exhibit A drawn & recorded in the land records. Marc Benjamin understood the applicant’s hardship as being the inability to convert, and asked if it was going to be a bar and restaurant. Mr. Robbins stated it will be a family restaurant with only beer and wine; no liquor. Mr. Adams noted the bar will be a food counter. Alcohol will be transferred only by wait staff. There was brief discussion relative to past uses of the building(s). The applicant had nothing further – Marc Benjamin opened the floor to those wishing to speak. Page 2 of 6 Jason Vincent, 77 Main Street spoke in favor of the variance. Mr. Vincent stated the applicant had a valid hardship being pre-existing non-conforming buildings with legal use. Mr. Vincent noted the 81 sq.ft. would have little impact on the legal non-conformity Bill Kenney, 17 Lincoln Ave, spoke in favor of the variance. Mr. Kenney stated that Philly’s is a wonderful neighbor and admired the variety of patrons, including NFA students that hopefully will grow with the added space. Mr. Kinney requested the board act favorably to Philly’s appeal. There being no other speakers, the public hearing was closed. V#13-02 – Application of Andrew Mastronunzio for property located at 359 Harland Rd. in a Residential R40 zoning district. In accordance with Sec.12.1, 50’ southerly front yard required; request reduction to 13’; 50’ westerly front yard required; request reduction to 44’ for the construction of a 16’ x 30’ addition . This is a modification of V#12-18 approved 11/13/13 .Seated were Marc Benjamin, Joseph Jacaruso, Henry Olender, Peter Cuprak, and Joe East. Tianne Curtis entered into the record exhibits A-H. Andrew Mastronunzio, 82 Cross Road, Chaplin, CT presented. Mr. Mastronunzio stated this appeal was a modification of V#12-18, approved November 13, 2012. Mr. Mastronunzio explained to the board that the property owners had changed their minds about the size, and were requesting the board grant an additional 2’ extension at each side. The dimensions of the approved addition granted 11/13/12 was for a 26’ addition. Mr. Mastronunzio stated the additional 4’ would not create non-conforming lot coverage, is proposed in the same location and pit tests for the Uncas Health District had been completed and approved. Mr. Mastronunzio summarized the current request is substantially the same application as what was approved 11/13/12, with the exception of the 2’. Tianne Curtis clarified the requested reduction to 13’ was to the southerly property line (Hunters Rd.); previously approved reduction was 15’. Andrew Mastronunzio noted the additional 10’ from the property line to street curb. Marc Benjamin stated Exhibit H shows it’s a triangular non-conforming corner lot. Marc Benjamin asked the applicant to clarify a hardship for the additional extension. He recognized the board had a responsibility to grant a reduction with the least impact possible while providing reasonable use of the property. There didn’t seem to be a hardship to validate the further encroachment. Mr. Mastronunzio stated the hardships remained the same, along with the homeowner’s misunderstanding. Henry Olender recognized the property is a corner lot and not in a neighborhood. He didn’t have a problem with the additional 2’. Page 3 of 6 Joe East stated the angle of the property line would require less than the 2’. Mr. Mastronunzio said it was closer to 1.6’. Mr. East didn’t see a valid hardship that would require a larger room. Mr. Mastronunzio explained the owners didn’t understand there was no flexibility when they decided the 26’ wouldn’t fulfill their needs. There being no other speakers, the public hearing was closed. I. DISCUSSION/DECISION ON APPLICATIONS 1. V#13-01 – Application of Sheldon Robbins for property located at 33 Sherman St. in a Neighborhood Commercial (NC) zoning district. In accordance with Sec.12.1, 25% lot coverage permitted; request increase to 50% for the construction of a 9’x9’ connector and cover over existing deck Seated were Marc Benjamin, Joseph Jacaruso, Henry Olender, Paul Kramarewicz, and Ray Dussault. Motion was made by Paul Kramarewicz, second by Ray Dussault to accept V#13 -01. Paul Kramarewicz stated the expansion of the business would be great for the community and it wouldn’t be feasible or meet UHD if they can’t connect the two. Ray Dussault stated it’s a very difficult piece of property, its right on the sidewalk. It makes perfect sense to connect and cover them. To put the kitchen in the restaurant would take up room. It’s reasonable use of the property. Joe Jacaruso stated there’s a lot of activity there now, and it will be a great asset to the City to be expanded. Marc Benjamin stated it’s a positive, one property two businesses on it. It’s had its ups and downs over the years. This conversion to a family-style restaurant is a vast improvement to the neighborhood and in the best interest of the city. Motion was made and seconded. Motion to approve carried unanimously. APPROVED 2. V#13-02 – Application of Andrew Mastronunzio for property located at 359 Harland Rd. in a Residential R40 zoning district. In accordance with Sec.12.1, 50’ southerly front yard required; request reduction to 13’; 50’ westerly front yard required; request reduction to 44’ for the construction of a 16’ x 30’ addition This is a modification of V#12-18 approved 11/13/13. Seated were Marc Benjamin, Joseph Jacaruso, Henry Olender, Peter Cuprak, and Joe East. Page 4 of 6 Motion was made by Peter Cuprak, second by Joe Jacaruso to accept V#13-02. Peter Cuprak stated they have the hardship that the property doesn’t meet current zoning requirements and the extra 2’ isn’t going to make a difference. Harland Rd and Route 169 on the other side would not encroach on any neighbors, and the homeowners changed their minds. The hardship was the same as what was presented and approved November 13, 2012. Joseph East stated the Board was very generous with the first variance granted being a difficult corner lot. He didn’t think he had a strong hardship, because it’s not essential to have it built an extra 2’. The alternative is provided for in their previously granted variance. Henry Olender stated it’s difficult to vote in favor as the previously granted variance permitted the 26’. However he felt the 2’ was minimal given the location of the home at the intersection of two roads and unlikely to impose on neighbors. Marc Benjamin stated the Board may’ve acted favorably if the original application included the new dimensions; given the uniquely shaped small corner lot.. Marc Benjamin didn’t agree there was valid hardship with this application and reasonable use of the property had been satisfied. Marc Benjamin reminded the board that, on this and all future applications, they need to consider the applicant’s hardship and abstain from unnecessary statements. Going forward the board should clean up their motions to ensure valid grounds for appeal are represented. Joe East agreed with Marc Benjamin; the grounds for appeal have not changed. Henry Olender stated the location of the home on the corner lot along with the distance to the next residence will not impede future development. Motion to approve had been made and seconded. Voting in favor were Peter Cuprak, Henry Olender, and Joseph Jacaruso. Voting in opposition were Marc Benjamin and Joe East. Motion defeated 3-2. DENIED Marc Benjamin explained to the applicant a passing vote must be 4-1 or unanimous, not simple majority. J. OTHER MATTERS 1. Election of Chairman and Vice Chairman Tianne Curtis stated the City Council referral relative to reappointment of Chair & Co-Chair had not been received to date. She had reviewed the Council’s February 19 agenda. It’s proposed to remain on the agenda until eligible for action. Paul Kramarewicz was displeased the matter was being postponed and stated he specifically came to tonight’s meeting for the vote. He stated he wanted to get the vote over and done with and who did we Page 5 of 6 need to call to get it taken care of. Ms. Curtis replied she wasn’t aware he had felt so strongly about the matter. Ms. Smith responded she had spoken to the Mayor’s office and they are aware of the matter. Members remain until reappointed. Ray Dussault made a motion for Tianne to send a letter and phone call to the City Mayors office to be put on the agenda so that ZBA can handle their ‘housekeeping.’ Paul Kramarewicz seconded. Motion carried unanimously. Marc Benjamin would like to schedule an informational refresher course for the ZBA members on their duties and legal rights. K. ADJOURNMENT On a motion by Paul Kramarewicz, second by Ray Dussault it was unanimously voted to adjourn at 7:47 pm. Respectfully submitted, Linda Lee Smith Recording Secretary Page 6 of 6