Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS MAY 14, 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 Dorothy Travers Henry Olender Joe East – Alternate Raymond Dussault-Alternate Peter Cuprak – Alternate ABSENT: Paul Kramarewicz ALSO PRESENT: Tianne Phoenix Curtis, Zoning Enforcement Officer Linda Lee Smith, Recording Secretary Attorney Michael Zizka, Counsel E. COMMUNICATIONS - None F. ACCEPTANCE OF MINUTES Upon motion by Marc Benjamin, second by Ray Dussault, it was voted unanimously to accept the minutes of the March 12, 2013 and April 9, 2013 regular meetings with the stated corrections. Upon motion by Marc Benjamin, second by Ray Dussault it was voted unanimously to take agenda items out of order; Action would be as follows: (I1) V#13-03; (G1) V#13-04; (H1-5) V#13-07, V#13-08, V#13-09, V#13-10, V#13-11. I. DISCUSSION/DECISION ON APPLICATIONS 1. V#13-03 – Application of St. Vincent de Paul Place for property located at Clairmont Ave a.k.a. Map 102/Block 5/Lot 74 in a Multifamily (MF) zoning district. In accordance with Sec.8.3 et seq. use variance to permit the operation of a food pantry and soup kitchen. Marc Benjamin stated on the record the public hearing portion is closed and no further testimony could be taken. Discussion would be held only by the ZBA voting members. Seated were Marc Benjamin, Dorothy Travers, Henry Olender, Ray Dussault & Joe East. 1 of 12 Atty. Zizka was in receipt of correspondence from the applicant's counsel, Robinson & Cole, relative to claims of alleged statements made by ZBA members Paul Kramarewicz and Raymond Dussault. ZBA members Kramarewicz & Dussault were alleged to make statements relative to the application prior to the public hearing. Mr. Kramarewicz had recused himself prior, & Ray Dussault has been consulted and is in receipt of the correspondence. Atty. Zizka stated on the record Mr. Dussault is entitled to make the decision whether or not to recuse himself. Ray Dussault stated he would not be recusing himself as he was of the opinion the allegations were false, and he had said nothing indicating his position. Atty. Zizka stated his attendance at the meeting was only for procedural advice. Marc Benjamin stated the ZBA has taken in two months of testimony, handouts, paperwork, neighborhood comments for and against, and a lot of legal interpretation. Motion was made by Ray Dussault, second by Marc Benjamin to grant for discussion V#13-03. Ray Dussault stated his comments are on the use and hardship. He stated “the former school” could be used as a church or a school but it doesn’t reach the level of a hardship. Henry Olender stated that he was in favor of the variance. Their hardship was they haven’t been given sufficient use of their property and they aren’t able to follow their mission to feed the poor. Dorothy Travers stated that after all the testimony was heard, the location could and should be changed; and the original intention was a school and it should remain a school. Joe East stated he wasn’t in favor of granting this variance because the neighborhood would be greatly impacted. He also stated that the CCP had given a negative recommendation twice. Marc Benjamin stated St. Vincent’s stated options for their hardship were the needy, working poor patrons and also the RILUPA Law. Marc Benjamin said that Atty. Smith claimed their hardship was the building that serves St. Vincent’s is under construction and no longer available. Mr. Benjamin stated he didn’t think the applicant presented a case that fits the City’s definition of a hardship. Mr. Benjamin stated from all the information forwarded from Atty. Smith on RLUIPA it seems as if it always gets reviewed further in the courts. He stated the soup kitchen is permitted in the City of Norwich by special permit but he doesn’t believe the hardship for the property has been demonstrated. Mr. Benjamin concurred with Mr. East stating that it had been submitted twice to the CCP and Page 2 of 12 both times with a negative recommendation. Mr. Dussault agreed with Dorothy Travers there are other empty buildings in the City. He was also concerned with the impact on the neighborhood including a commercial business in this residential neighborhood. He stated there are single family homes, a church, and a school which should continued to be used that way. Mr. Dussault stated a parishioner gave testimony stating the parishioner’s weren’t able to use the church facility with respect to their church fundraising, because the soup kitchen had taking over the lower level. All these reasons need to be taken into account. Henry Olender stated this would be negatively viewed publicly that the City of Norwich closed down the soup kitchen. A negative vote is the worst thing that could happen to the soup kitchen today. The City of Norwich needs to work with St. Vincent’s to find another place for them to locate and allow them to follow their mission. Mr. Olender explained how the neighborhoods have changed and to let the neighborhood go back to what it previously was before St. Vincent’s occupied it. Marc Benjamin stated that he met someone who ate at the soup kitchen and said Jillian Corbin runs a tight ship and any inappropriate activities are taken care of. Mr. Benjamin stated this should be decided through the courts but the ZBA needs to follow the zoning regulations when making their decision. Ray Dussault stated that it would be very easy to support the soup kitchen. Mr. Dussault stated that he had volunteered at the soup kitchen recently and it’s a very well run tight ship. Mr. Dussault observed the people and they were very well behaved. Henry Olender stated he would like to amend their variance to give them some additional time. Atty. Zizka stated if the finding of the board is there is no hardship, there is no procedural basis for granting additional time. It could be possible under RLUIPA but Atty. Zizka stated he has never seen a decision with no hardship and a variance granted for a limited time. Joe East stated through the testimony given with the limited number of potential properties where the soup kitchen could be located was not the ZBA’s issue. Mr. East stated the change of use shouldn’t be allowed where it’s located. Mr. East stated it’s very difficult to explain the hardship other than it’s a financial hardship. Marc Benjamin stated a staff guidance sheet should be included with the May 14, 2013 ZBA packet. Marc Benjamin stated that he didn’t feel the variance should have gone before the ZBA, and the CCP should have handled it but it will be handled in the courts. Page 3 of 12 Marc Benjamin stated that the variance as presented would require a 4-1 super majority pass, not just a simple majority. Henry Olender voted in favor. Marc Benjamin, Ray Dussault, Dorothy Travers, and Joe East voted against. Motion was defeated 4-1. The ZBA took a 5 minute recess at 7:30 p.m.; reconvened at 7:45 p.m. G. OLD BUSINESS: 1. V#13-04 – Application of Yorkshire Properties, Inc. for property located at 183-187 Central Ave Map 94/Block 2/Lot 39 in a Multifamily (MF) zoning district. In accordance with Sec.8.3 permitted use and Sec.15.1.3&4 16 off- street parking spaces required request reduction to 7 to permit the conversion of approximately 936 sq. ft to professional office, retail or customer service use. Tianne Curtis stated the public hearing was still open and Exhibits “A-I” had been read into the record on April 9, 2013. Ms. Curtis wanted to submit Exhibit “J” Memorandum from the CCP for a favorable recommendation with no adverse impact to the neighborhood character. Marc Benjamin stated that Ray Dussault, Alternate would fill in for Paul Kramarewicz because he was also in attendance at last months ZBA meeting. Seated were Marc Benjamin, Dorothy Travers, Henry Olender, Ray Dussault & Joe East Property owner, Richard O’Keefe, 185 Central Avenue presented last month and had nothing additional to add. Marc Benjamin stated that the tenant would be a tax service and small retail use during the off-season catering to the local neighborhood. There being no other speakers, the public hearing was closed. H. NEW BUSINESS: 1. V#13-07 – Application of Guy Palazzo for property located at 88 Sherman St in a Neighborhood Commercial (NC) zoning district. In accordance with Sec.9.1 permitted use AND Sec.9.8.7 mixed residential & commercial use to permit the conversion of professional office to single family residence and art studio and to permit the sq. ft. of residential use to exceed the sq. ft. of commercial use (84% + 16%). Seated were Marc Benjamin, Joe Jacaruso, Henry Olender, Dorothy Travers, Page 4 of 12 and Peter Cuprak. Tianne Curtis explained the 84% is the ratio of the residential sq. ft. use vs. the 16% is the ratio for the commercial use sq. ft. Tianne Curtis entered into the record exhibits “A-I”. Property owner, Guy Palazzo of 6 Harvard Terrace presented with his daughter, Carrie Palazzo. Mr. Palazzo explained that Carrie Palazzo, an art student came back to Norwich to open an Art Studio Gallery at 88 Sherman Street where she also could reside. Mr. Palazzo stated before he purchased the property, he was told by his realtor he was all set, it was listed as (NC) neighborhood commercial and he thought being mixed use there wouldn’t be any problems. When Mr. Palazzo purchased the property he was under the assumption that the property could be used as Commercial/Residential. Mr. Palazzo stated before he purchased the building he noticed there were many similar types of properties with mixed use in this NC area. He submitted pictures of other mixed use properties as Exhibit “I”. Ms. Palazzo has volunteered for the Norwich Recreation Dept. for the arts, and she wants to be able to offer programs inexpensively. Henry Olender asked if the art gallery would increase the traffic in the neighborhood and how many students would be there at one time. Ms. Palazzo stated there would probably be only 4 people at a time, and they would be dropped off and picked up and traffic would not be impacted. Tianne Curtis had asked Carrie Palazzo to explain what kind of work she would be doing? Ms. Palazzo stated her work would include preparing, setting up for workshop, shows, exhibits and special events. Ray Dussault asked if the property was distressed? Mr. Palazzo stated yes the property was distressed and he has done quite a bit of work to improve this property. Tianne Curtis clarified the art studio portion is a permitted use; the appeal is to allow the residential portion in the neighborhood commercial to allow the percentage of residential portion to be extended. Joe East was concerned with the building being 84% residential and only 16% commercial. If it’s a mixed use commercial zone once it’s residential, and once it’ s sold how can the variance be maintained as residential and only small part to be for the business? He was concerned because the variance goes with the deed on the property. Mr. Palazzo wasn’t familiar with the regulations and he stated they wanted to stay at this property. Joe East stated it would be mixed use and most of the property would be residential as opposed to commercial if sold. Page 5 of 12 Joe East asked Ms. Curtis for clarification; if the use variance was approved does the use stay with the building or could the new owners buy it and change it to all commercial, or all residential with a conversion? Ms. Curtis stated the variance is for mixed use, which is only allowed as multi-family, 3 units or more. The use variance is being requested because it’s in the neighborhood commercial (NC) zone which doesn’t allow mixed use as of right, but residential would always be permissible. Joe East was concerned with the amount of residential space vs. the commercial; and being a mixed use he was concerned with the City’s Building Dept. codes. Marc Benjamin asked if the ZBA wanted to grant it for more commercial would the applicant agree to it? Ms. Palazzo stated yes. Marc Benjamin stated they needed to continue the public hearing to next month to receive advisory opinion from CCP. All were in favor to forward the application to CCP for a variance advisory opinion. Jason Vincent, NCDC, 77 Main Street stated he would like to reserve the right to comment to speak at the next meeting. 2. V#13-08 – Application of Leon Palmieri for property located at 9 Flyers Dr in a Residential (R40) zoning district. In accordance with Sec. 12.1 30’ northerly side yard required, request reduction to 3’; 50’ rear yard required; request reduction to 40’ for the construction of a 10’x10’ deck and associated stair; 30’ southerly side yard required; request reduction to 10’; 50’ rear yard required; request reduction to 32’ for the construction of an 8’x10’ shed. Marc Benjamin stated he would be recusing himself and Ray Dussault would be voting in his place. Seated were Joe Jacaruso, Dorothy Travers, Henry Olender, Ray Dussault & Joe East Tianne Curtis entered into the record exhibits “A-I”. Property owner, Leon Palmieri, 9 Flyers Drive explained that he didn’t have a back door with access out of his house and his house was built into a hill with a walkout basement. He also wanted to put on a 10’x10’ deck. His neighbors had no objections. He is also requesting construction of an 8’x10’ shed. His lot is very small and the deck and shed wouldn’t be allowed without the variance. Tianne Curtis asked Mr. Palmieri to explain the shed he wanted to replace. Mr. Palmieri stated the sheet metal shed was in deplorable condition, it needed to be replaced with a new shed which would be an improvement to the neighborhood. Page 6 of 12 There are many homes in the neighborhood that have decks on them and all the lots are non-conforming and very similar size to his. Dorothy Travers asked if the shed would be the same size 8’x10’ to be replaced. Mr. Palmieri stated yes. Joe Jacaruso asked if he talked to his neighbhors. Mr. Palmieri stated there was no opposition from his neighbors. Tianne Curtis also stated that she hadn’t received any opposition. There being no other speakers, the public hearing was closed. 3. V#13-09 – Application of 104 North Main Street, LLC for property located at 104 North Main St in a General Commercial (GC) zoning district. In accordance with Sec.9.2.1 permitted use AND Sec.15.1 Off street parking 8 required; request reduction to 0 for the conversion of a two (2) family residence to three (3) family. Tianne Curtis stated there was a faulty legal notice and it would not be opened and tabled to the June 11, 2013 meeting. 4. V#13-10 – Application of Theodore Hiscox for property located at 25 Margerie St in a Multifamily (MF) zoning district. In accordance with Sec.12.1, 10,000 sq.ft. required; request reduction to 4,933 sq.ft; 25% maximum lot coverage; request increase to 26% to create proposed parcel “A” AND Sec.12.1 10,000 sq.ft required; request reduction to 6,988 sq.ft ; 25% maximum lot coverage; request increase to 32% to create proposed parcel “B”. Seated were Marc Benjamin, Dorothy Travers, Henry Olender, Joe Jacaruso & Peter Cuprak Tianne Curtis entered into the record exhibits “A-I”. John Faulise, of Boundaries LLC, 179 Pachaug River Dr., Griswold, represented the property owner, Mr. Hiscox. He explained to the ZBA that Mr. Hiscox has had this property in his family for four generations dating back to 1902. There have been two 2 family dwellings located here for four generations. Mr. Hiscox acquired the property from his mother in 2001 and has been maintaining both properties. They were created through a development which occurred in 1902 called Prospect Park Development and there were 4 lots 80’x40’. Mr. Faulise submitted Exhibit “J” Prospect Park Map 78-79 recorded in the Clerk’s Office. Also submitted was Exhibit “K” a copy of 1902 tax card. Mr. Faulise is recommending separating the two lots by proposing a division line. The dwellings were proposed before zoning existed. The Assessor’s Map proposed Parcel A dwelling actually lies entirely on what was Lot 46 of the plan. Mr. Faulise stated E xhibit “I” is the property survey Proposed First Split. Mr. Faulise stated the division line meets the required setbacks but the lot coverage can’t be met. There Page 7 of 12 are 8 adjacent lots all below the required 10,000 sq. ft lot size. He was only requesting what the adjacent properties have. The variance requested is for reduction in area and lot coverage. This is just for a division line, no new construction. Mr. Faulise stated granting this variance would not have any negative impact on the neighborhood. Joe East stated that there would be no impact and it would allow another owner to occupy one of the two premises. There being no other speakers, the public hearing was closed. 5. V#13-11 – Application of Pietro Camardella for property located at 156 North Main St in a General Commercial (GC) zoning district. In accordance with Sec.15.1 Off street parking 108 required; request reduction to 0 for the conversion to an assembly hall and professional office. Seated were Marc Benjamin, Dorothy Travers, Henry Olender, Ray Dussault & Peter Cuprak Tianne Curtis entered into the record exhibits “A-D”. Jason Vincent, NCDC, 77 Main Street presented with Pietro Camardella. Mr. Vincent stated that Mr. Camardella owns the Polish Club. He explained that the first floor was club space with a lounge and upstairs was assembly space and was rented out to local churches previously. The zoning issue is the off-street parking. Each floor is 4,950 sq. ft for a total of 9,099 sq. ft for the building and the parking lot only has 6,534 sq. ft parking. It’s nonconforming and the hardship is the parking. The building was built long before zoning existed. The hardships are not being able to meet the lot size, the lot coverage and front yard setback. T he parking standard can’t be achieved on this property. Mr. Vincent stated for the record the key to nonconformity is to isolate the nonconformities that relate to the parking, and there is no mechanism or relief valve to allow a transfer of one activity to another without going before the ZBA. It’s considered a club, and in 1999 they had use of 25% of the first floor professional office, with 8 parking spaces, but they can’t use the 75% remaining portion of the building and it’s taxable. Mr. Vincent stated that there is on-street parking on North Main St. from Roath St. to South Golden St. with no signs or striping regulating the parking. There are 43 spaces that can be used and an achievable 77 spaces through private property owners that would be willing to the change curb cuts. Mr. Vincent stated they’ve monitored the spaces and the on-street spaces are not being used. The legal nonconforming difficulty is limiting it to 25% useable space, and 75% of the building is vacant and not useable because of zoning. Mr. Vincent stated they just want to be able to use the building. Mr. Vincent showed the differences between the Assembly vs. Private Club and the only difference was membership. Page 8 of 12 Henry Olender asked about the 8 spaces they had been approved previously for professional office. Mr. Olender stated they’re asking for 100 spaces because they already have 8 spaces for the professional office. Mr. Vincent stated yes its 100 spaces for the variance but the total would be 108 spaces. Henry Olender asked if it were an assembly hall would it eliminate the private club and make it a public club? Mr. Vincent stated yes it’s solely a private club. The property isn’t being marketed without the variance. The photography studio would remain. Mr. Vincent submitted Exhibit “F” a letter of support from former Mayor Benjamin Lathrop. Dorothy Travers asked if the upstairs would be used as assembly hall? Mr. Vincent stated yes. Ms. Travers asked if the art studio would still be downstairs? Mr. Vincent stated yes and the other 25% of the downstairs isn’t be used. The other 50% on second floor isn’t being used but it does have a hall with a stage. The first floor is unoccupied and has a small kitchen with a lounge. If they receive the variance to start with the food would probably be brought in. There is a quite a bit of work that needs to be done on this building including the Building and Fire Depts. Marc Benjamin asked how many parking spots would be a realistic number needed. Mr. Vincent said probably 50-60 at the most. Mr. Camardella stated for a meeting they would probably only need 30-40 parking spaces. Ray Dussault stated there is a vacant lot next door. Mr. Vincent stated there are two vacant lots one across street and one adjacent with off hour use. They’d like to see if they would be able to use them. Mr. Vincent clarified the lot wasn’t vacant but it appeared usually empty. Mr. Vincent stated he would like to request the variance for 108 parking spaces, or a lowered number, and to allow the use from private club to assembly. There being no other speakers, the public hearing was closed. They recessed at 9:03 p.m. and reconvened at 9:05 p.m. I. DISCUSSION/DECISION ON APPLICATIONS 2. V#13-04 – Application of Yorkshire Properties, Inc. for property located at 183-187 Central Ave Map 94/Block 2/Lot 39 in a Multifamily (MF) zoning district. In accordance with Sec.8.3 permitted use and Sec.15.1.3&4 16 off- street parking spaces required request reduction to 7 to permit the conversion of approximately 936 sq. ft to professional office, retail or customer service use. Page 9 of 12 Seated were Marc Benjamin, Dorothy Travers, Henry Olender, Ray Dussault & Joe East Motion was made by Ray Dussault, second by Dorothy Travers to approve V#13- 04 for discussion. Ray Dussault stated the business is being converted. It would be used to serve the Haitian population for tax service and it doesn’t require 16 parking places which is the hardship because they would be in for short term appointments. Joe East stated this would be a positive use of the property; and he didn’t think it would make any difference on the parking, and it’s a positive service for the multilingual clients for the community. Upon motion by Ray Dussault, second by Dorothy Travers, the Commission voted unanimously to APPROVE V#13-04. 2. 1. V#13-07 – Application of Guy Palazzo for property located at 88 Sherman St in a Neighborhood Commercial (NC) zoning district. In accordance with Sec.9.1 permitted use AND Sec.9.8.7 mixed residential & commercial use to permit the conversion of professional office to single family residence and art studio and to permit the sq. ft. of residential use to exceed the sq. ft. of commercial use (84% + 16%). Marc Benjamin stated they needed to continue the public hearing until next month to receive advisory opinion from CCP. All were in favor to forward the application to CCP for a variance advisory opinion. 3. V#13-08 – Application of Leon Palmieri for property located at 9 Flyers Dr in a Residential (R40) zoning district. In accordance with Sec. 12.1 30’ northerly side yard required, request reduction to 3’; 50’ rear yard required; request reduction to 40’ for the construction of a 10’x10’ deck and associated stair; 30’ southerly side yard required; request reduction to 10’; 50’ rear yard required; request reduction to 32’ for the construction of an 8’x10’ shed. Seated were Joe Jacaruso, Dorothy Travers, Henry Olender, Ray Dussault & Joe East Motion was made by Dorothy Travers, second by Joe East to approve V#13-08 for discussion. Dorothy Travers stated the property owner is replacing the dilapidated shed and he doesn’t have a back door entrance to the property and would like a deck, like most of his neighbors have. He’s taking the window out and replacing it with a door because he only has one egress which is from the basement. Page 10 of 12 Joe East stated there is little or no impact to the neighborhood and to deny this variance would deny him of reasonable use of his property. Quite a few of his neighbors also have decks, and it’s because of the zone change that happened many years ago and can’t meet the required setback. It’s a very positive improvement for his property. Henry Olender stated that the ZBA has given many variances in this area because of the zoning and the properties not meeting the setbacks. Upon motion by Dorothy Travers, second by Joe East, the Commission voted unanimously to APPROVE V#13-08. 4. V#13-09 – Application of 104 North Main Street, LLC for property located at 104 North Main St in a General Commercial (GC) zoning district. In accordance with Sec.9.2.1 permitted use AND Sec.15.1 Off street parking 8 required; request reduction to 0 for the conversion of a two (2) family residence to three (3) family. This has been tabled until next month because of a faulty legal notice. 5. V#13-10 – Application of Theodore Hiscox for property located at 25 Margerie St in a Multifamily (MF) zoning district. In accordance with Sec.12.1, 10,000 sq.ft. required; request reduction to 4,933 sq.ft; 25% maximum lot coverage; request increase to 26% to create proposed parcel “A” AND Sec.12.1 10,000 sq.ft required; request reduction to 6,988 sq.ft ; 25% maximum lot coverage; request increase to 32% to create proposed parcel “B”. Seated were Marc Benjamin, Dorothy Travers, Henry Olender, Joe Jacaruso & Peter Cuprak Motion was made by Dorothy Travers, second by Peter Cuprak to approve V-13- 09 for discussion. Dorothy Travers stated that all the requirements have been in his family since 1902. He’s maintained both properties and he’ll live in one and sell the other. He’s only looking for a division line. Peter Cuprak stated he totally agreed with Dorothy Travers as it won’t detract from the property, and they’re not constructing anything new. It’s a reasonable request, a division line. Marc Benjamin also stated they were two legal lots created over 100 years ago by the same owner. It’s a reasonable request to split it, it coincides with the neighborhood side yard setbacks, and it’s harmonious with the zoning regulations. It’s reasonable use of the property. Upon motion by Dorothy Travers, second by Peter Cuprak it was voted unanimously to APPROVE V#13-10. Page 11 of 12 6. V#13-11 – Application of Pietro Camardella for property located at 156 North Main St in a General Commercial (GC) zoning district. In accordance with Sec.15.1 Off street parking 108 required; request reduction to 0 for the conversion to an assembly hall and professional office. Seated were Marc Benjamin, Dorothy Travers, Henry Olender, Ray Dussault & Joe East Motion was made by Marc Benjamin, second by Dorothy Travers to approve V- 13-11 for discussion. Marc Benjamin stated there were a number of hardships including the lot is hindered being undersized. Marc Benjamin stated it’s overbuilt as it stands 75% vs. 25% and there is no additional room for parking spaces. The applicant at present has only 8 parking spaces and he’s not afforded reasonable use of his p roperty. There is plenty off-street parking, and they won’t need 108 parking space s. Marc Benjamin’s opinion was that 40-60 parking spaces would be adequate and it could possibly bring another business into the City. Henry Olender asked Ms. Curtis if this variance would supersede the variance they received in 1999? Ms. Curtis stated yes it would be inclusive of that variance. They had the 8 parking space waiver and the 100 spaces was based on the maximum computation from the Fire Marshall for the seats that would cover the requirement for the existing professional office use and proposed conversion to assembly use. Marc Benjamin stated the ZBA should allow the applicant to expand the business to its full potential. If the business needs 108 parking spaces and the ZBA only approves 50 spaces, the business will not survive. Ray Dussault stated that he doesn’t like a building to have 0 parking spots but he deserves reasonable use of his property. He would support the variance. Upon motion by Marc Benjamin, second by Dorothy Travers it was voted unanimously to APPROVE V-13-11. On a motion by Ray Dussault, second by Joe Jacaruso it was unanimously voted to adjourn at 9:21 pm. Respectfully submitted, Linda Lee Smith Recording Secretary Page 12 of 12