Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS September 10, 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, Henry Olender Joe East – Alternate Peter Cuprak - Alternate Raymond Dussault-Alternate ABSENT: Dorothy Travers Paul Kramarewicz ALSO PRESENT: Tianne Phoenix Curtis, Zoning Enforcement Officer Linda Lee Smith, Recording Secretary E. COMMUNICATIONS - NONE F. ACCEPTANCE OF MINUTES On a motion by Peter Cuprak and second by Joe East, it was voted unanimously to APPROVE the minutes of the August 13, 2013 regular meeting. G. OLD BUSINESS: 1. V#13-17 – Application of Douglas Patenaude for property located at 10-12 South B St in a Multi-Family (MF) zoning district. In accordance with Sec. 8.3 permitted use to allow conversion to customer service/office; Sec. 4.3 Changes: to permit conversion of nonconforming use to another non- conforming use. – Continued from 8/13/13 meeting Seated were Marc Benjamin, Joe Jacaruso, Henry Olender, & Joe East, and Peter Cuprak. Tianne Curtis stated the public hearing portion was opened at the August 13, 2013 meeting, testimony taken and continued to receive recommendation from CCP. Favorable recommendation from CCP was entered into the record as Exhibit “I”. Marc Benjamin stated the Board had heard testimony from the applicant, Tim Chabot, for the appeal to convert an auto repair shop to an office. The applicant was not present this evening. Realtor Ferdinand Giacinto was present but had no further testimony. 1 of 10 There being no other speakers, the public hearing was closed. Marc Benjamin asked for a motion to suspend the rules in order to take agenda items as follows: Conduct New Business Public Hearing V#13-14, conduct New Business Public Hearing V#13-19 then render decisions of V#13-14, V#13-17 & V#13-19 before proceeding with V#13-18 due to the anticipated extensive presentation. Upon motion by Marc Benjamin, second by Henry Olender motion carried unanimously to alter the agenda. H. NEW BUSINESS: 1. V#13-14 – Application of PJ Acquisitions, LLC for property located at 27 Mulberry St in a Multi-Family (MF) zoning district. In accordance with Sec. 12.1 25’ front yard required, request reduction to 4’6” for the construction of a 10’ x 10’6” front porch and associated stair. Tabled from 8/13/13 meeting Seated were Marc Benjamin, Joe Jacaruso, Henry Olender, & Peter Cuprak and Joe East. Tianne Curtis stated the supporting materials were included in last month’s packets, however the public hearing was not opened due to faulty abutters’ notices. The application was now compliant and the public hearing could be opened. Tianne Curtis entered into the record Exhibits “A-N”. Presenting was property owner Peter Gaudioso of 214 Harold Ave., Milford, CT. Mr. Gaudioso explained to the Board a porch was removed & replaced on the front of his home without permits by an unlicensed contractor, and will need to be rebuilt to be code compliant. Marc Benjamin asked what the porch looked like previously. Mr. Gaudioso said there were 3-4 dilapidated cement steps with no landing, and that the proposed will be built similarly to the surrounding homes. Ray Dussault asked if the Building Dept. had identified any deficiencies in the construction. Mr. Gaudioso replied the Building Dept. had done an inspection and determined stair height will need to be corrected. Mr. Gaudioso has since hired a licensed contractor. Marc Benjamin asked Mr. Gaudioso if the step changes were required by the Building Dept., and if they would extend any further out to the road. Mr. Gaudioso stated it would be the same distance. Marc Benjamin wanted Mr. Page 2 of 10 Gaudioso to know that if the variance is granted, he couldn’t come back to extend it further out. Mr. Gaudioso stated yes he understood. There being no other speakers, the public hearing was closed. Tianne Curtis confirmed motion was made and seconded to hear V#13-19 next. 3. V#13-19 - Application of Randy Tiede for property located at 86 Merchants Ave in a Residential (R20) zoning district. In accordance with Section 12.1 R20 30’ rear yard setback (14.5’ requirement per V#12-07) request reduction to 9.8’ for compliance with construction of deck. Seated were Marc Benjamin, Joe Jacaruso, Henry Olender, Ray Dussault & Joe East. Tianne Curtis entered into the record exhibits “A-G”. Randy Tiede, property owner, 86 Merchants Ave. Taftville presented. Mr. Tiede stated he was returning to the Board for modification of his approved variance V#12-07. Mr. Tiede explained construction of his new home was complete and, per condition of approval, an as-built was done prior to the CZC/CO. Upon Ms. Curtis review, it was determined the new home was 9.8’ from the rear property line as opposed to the 14.5’ approved. Mr. Tiede stated the discrepancy was due to an incorrect representation of the placement of the home as it appears on the City’s plot plan. Mr. Tiede stated his builder, Seway Construction, determined the property and building lines by this plan, resulting in the insufficient setback. While the home was constructed within the pre-existing footprint, the proposed measurements were misrepresented. Marc Benjamin asked Mr. Tiede to demonstrate his hardship. Mr. Tiede stated the portion of the deck that encroached over the building setback would need to be removed. Susan Mattern LS of Mattern & Stefon Land Surveyors, LLC, 148 Rte 2, Preston presented. Ms. Mattern stated the points of the pre-existing home were determined prior to demolition and made reference to Exhibit “G”; A2 survey dated August 2013. Ms. Mattern stated she wasn’t aware the Seway Construction plan was submitted to the ZBA at appeal V#12-07 when Mr. Tiede contacted her to perform the as-built. Ms. Mattern submitted the survey she had prepared for GC of Taftville LLC in March of 2001 as Exhibit “H” and showed where Mr. Tiede’s rear property line appears in relation to the house. Ms. Mattern submitted photos of Mr. Tiede’s deck abutting the ledge and entered as Exhibit “I.” Ms. Mattern stated the slope and numerous holes in exposed ledge could easily confuse the location of the property line and this misrepresentation on the Seway plan created the hardship. Page 3 of 10 There being no other speakers, the public hearing was closed. I. DISCUSSION/DECISION ON APPLICATIONS 1. V#13-17 – Application of Douglas Patenaude for property located at 10-12 South B St in a Multi-Family (MF) zoning district. In accordance with Sec. 8.3 permitted use to allow conversion to customer service/office; Sec. 4.3 Changes: to permit conversion of nonconforming use to another non- conforming use. – Continued from 8/13/13 meeting Seated were Marc Benjamin, Joe Jacaruso, Henry Olender, Joe East & Peter Cuprak. Motion was made by Joe East, second by Joe Jacaruso to approve V#13-17. Joe East stated the proposed use of the property as office will be more conducive to the residential neighborhood, and less likely to create a nuisance than auto body repair. Joe Jacaruso and Peter Cuprak concurred. Marc Benjamin noted the CCP had forwarded a favorable recommendation to the Board. Motion carried unanimously. 2. V#13-14 – Application of PJ Acquisitions, LLC for property located at 27 Mulberry St in a Multi-Family (MF) zoning district. In accordance with Sec. 12.1 25’ front yard required, request reduction to 4’6” for the construction of a 10’ x 10’6” front porch and associated stair. Seated were Marc Benjamin, Joe Jacaruso, Henry Olender, Joe East & Peter Cuprak. Motion was made by Henry Olender, second by Marc Benjamin to approve V#13- 14. Matter was opened for discussion. Henry Olender stated the work performed without permits and addressing code compliance while maintaining construction similar to the neighbors’ porches created a hardship. Peter Cuprak stated he’s not infringing on any other property, and he has to do the correction. Marc Benjamin stated the house is nonconforming and the front porch looked awkward with 25' setback and even if the property owner cut the landing back to 4' it wouldn't make a difference in the appearance. Motion had been made and seconded. Voting in favor were Henry Olender, Marc Benjamin, Joe Jacaruso and Peter Cuprak. Joe East opposed. Motion carried 4/1 Page 4 of 10 3. V#13-19 - Application of Randy Tiede for property located at 86 Merchants Ave in a Residential (R20) zoning district. In accordance with Section 12.1 R20 30’ rear yard setback (14.5’ requirement per V#12-07) request reduction to 9.8’ for compliance with construction of deck. Seated were Marc Benjamin, Joe Jacaruso, Henry Olender, Ray Dussault & Joe East. Motion was made by Joe East, second by Ray Dussault to grant V#13-19, as requested. Joe East stated his hardship was that he built the house, was granted a variance initially, and it would have very little impact to the neighboring property. The ledge being a hardship, and the property he was abutting he’s not able to use because of the steep slope. Mr. East stated Mr. Tiede built the deck smaller than originally granted, and Joe East was going to grant it for all the reasons it was granted originally. Ray Dussault stated Mr. Tiede had misinformation, and his hardship was because his property line was up against the ledge and the property owner also reduced the size of the deck. Henry Olender stated this is a difficult decision because Mr. Tiede came before the ZBA and his hardship was a monetary issue. Mr. Olender stated he should have checked the property line before he started building. Mr. Olender stated it’s a very difficult decision. Marc Benjamin stated the problem with the variance was the minimum he needs to make it function, and the variance given should be based on that amount and not having to come back to the ZBA and ask for more. The applicant was told to provide an As-built survey to make sure it conformed to the property lines and the pins staked before the concrete was poured. Ray Dussault questioned if there was an As-built required before it was built? Marc Benjamin stated the property line was close and the abutting neighbor was concerned and the applicant provided a survey. Tianne Curtis clarified by responding to Mr. Dussault’s inquiry and she stated the As-built wasn’t required prior to construction. The pre-existing home was staked before demolition and the distances to the property lines were drawn off of those stakes. Ray Dussault said the homeowner relied on the information from contractors, licensed surveyor and the City’s plot plan which is always disclaimed it’s not an A2 survey. Mr. Dussault doesn’t want to deny any homeowner use of their property. Mr. Dussault was concerned because the abutter wasn’t there to tell if the deck was an imposition on his property. Page 5 of 10 Joe East questioned maybe the ZBA shouldn’t accept any applications without a complete survey. Tianne Curtis said that the ordinance would have to be changed. Ray Dussault asked if abutters did speak. Tianne Curtis stated one abutter did speak previously and it wasn’t in favor or opposition but just because he was concerned. Marc Benjamin was concerned if the City maps were not correct and they didn’t need a survey. Joe East stated the problem is just the corner of the deck, whereas the corner could be cut off and a patio could be put in its place without the required setback. He also didn’t have any problem with the step off the deck to a patio and it’s a reasonable use. Motion was made by Joe East to grant V#13-19, seconded by Ray Dussault. Voting in favor were Marc Benjamin, Joe Jacaruso, Ray Dussault, and Joe East. Voting 4/1 motion carried with Henry Olender opposed. Ray Dussault made a motion to take a 5 minute recess at 7:51 p.m., second by Marc Benjamin. The ZBA meeting resumed at 7:56 p.m. H. New Business Continued 1. V#13-18 – Application of Thayer Enterprises LLC for property located at 34-36, 61-63 & 65, 67, 71-73 West Main Street and 3 Falls Ave in a Waterfront Development (WD) zoning district. In accordance with Sections: 8.3.1.(d)(4) Yard requirements. To reduce the required front yard from 25’ required to 0’ requested. 8.3.1.(d)(5) Density standards. To reduce the required 5000 s.f. of lot area per each multifamily residential unit from 35,000 s.f. required to 21,780 s.f. provided. 8.3.1.(d)(6) Usable recreation area. To reduce the required 450 s.f. per dwelling unit from 3150 s.f. required to 2300 s.f. provided; from 30’ minimum width required to 14’ minimum width provided; to allow required yards or parking area to be included as part of the recreation area. 8.3.1.(d)(8) Landscaping. To reduce the required landscaped buffer strip from 15’ to 0’ provided. 8.3.1.(d)(8)a. Landscaping. To reduce the required landscaped buffer strip from 35’ to 0’ provided. 9.6.5 Landscaping. To reduce the required landscaped buffer strip from 5’ wide along the boundary line of the front yard to 0’ provided. 9.7. Display of goods. From disallowing goods, wares or merchandise to be displayed in the front yard setback to allowing boats to be displayed in the front yard setback. 15.1.4.(a) Off-street parking. To reduce the number of parking spaces required from 35.5 spaces required to 0 spaces provided. Page 6 of 10 15.1.4.(b) Off-street parking. To reduce the number of parking spaces required from 19.4 spaces required to 0 spaces provided. 15.4. Dimensions of parking space. To increase the number of compact car spaces from 25% allowed to 33% provided. 15.13. Landscaping. To reduce the amount of green space within the parking lot from 324 s.f. required to 0’ provided. For the construction of additional commercial space for marine sales, and to re-establish seven (7) residential living units and associated site improvements. Seated were Marc Benjamin, Joe Jacaruso, Henry Olender, Ray Dussault & Peter Cuprak Tianne Curtis entered into the record Exhibits “A-F” & clarified that all sections listed in the variance request pertained to the same proposed activity of creating additional commercial space for marine sales, and to reestablish 7 residential living units. Susan Mattern, LS of Mattern & Stefon Land Surveyors, LLC, 148 Route 2, Preston presented. Also in attendance was property owner Richard Thayer, 12 Meadow Lane, Preston. Ms. Mattern submitted Exhibit “G” Improvement location survey. She stated the project encompasses different parcels of land totaling ½ acre. Ms. Mattern stated the proposed project will physically connect the existing 4-story building housing Thayer’s Marine retail with the former Silverstar Athletic Club currently the boat showroom, and the construction of a pavilion. The 1st & 2nd floors will remain retail & associated office space and the 3rd and 4th the 7 apartments. The properties are located in the waterfront development zone. Ms. Mattern submitted Exhibit “H” architectural drawings. Ms. Mattern submitted Exhibit “I” 1985 Tax card stating in 1985 there were 12 apartments and they are looking for 7 garden apartments. There would be a total 18 parking spaces and 1 handicapped. Access would be one way from West Main St. and egress onto Falls Ave. Ms. Mattern stated with the waterfront and garden apartment they are seeking 11 variances. If the buildings were connected they wouldn’t be seeking the variance because it could be considered infill. Ms. Mattern stated the retail and boat display would remain. Their hardship would be their undersized lots. Ms. Mattern also would like to include part of the parking areas into the recreation area. The additional useable recreation area would be provided behind the service area at 14 Falls Ave. along the Yantic River. Ms. Mattern submitted a copy of the plan Exhibit "J", and stated with the additional useable recreation area they would be over the useable recreational requirement. Ms. Mattern stated Peter Davis had suggested that they go down to 0 setbacks on the landscaping. Boats to be displayed in the front yard setbacks. Ms. Mattern stated due to the square footage of the property they are unable to provide the necessary parking spaces to the regulations. They have 8 Page 7 of 10  employees, 6 customers in any single hour. The parking requirements are unrealistic for their use. There are 18 spaces on the site that would cover the residential use, an additional 14 spaces can be provided by 14 Falls Ave. Ms. Mattern stated there was former on-street parking that was taken away by the Intermodal Transportation Center, and they are not allowed to use the transportation center unless the customers parking there also take public transportation. The other two parking lots downtown can't be considered because they are more than 600' away. Six compact car spaces 9'x18' would be supplied as opposed to 9'x20'. If the spaces were to be considered they would be compliant. Ms. Mattern stated the site was designed with water dependent use and with the permit garden apartments are allowed. The relationship is compatible to the harbor, historic district and scenic views. The parcel will remain gravel in accordance requirements from FEMA. Ms. Mattern submitted certified abutters as Exhibit “K”. Tianne Curtis asked in the event the board moves to approve the variances would they be asking the Planning Commission for any special permits or other waivers such as chapter 17? Ms. Mattern stated no, she thought she was going to be compliant. Joe East asked Ms. Mattern if any of the residential units still existed. Ms. Mattern stated no. Marc Benjamin questioned the Assessors card because it showed 12 units. Ms. Mattern stated the card dates back to 1985. Marc Benjamin asked how many bedrooms would be in the garden apartments. Mr. Thayer responded they are all 1 bedroom and one would be a 2 bedroom garden apartment. Marc Benjamin stated that the Thayer’s came before the board for the trailers about 10 years ago. Mr. Thayer stated the pavilion was along the water. Marc Benjamin asked if there were any concerns on the previous variance. Tianne Curtis stated that the original plan at the bottom has a listing of all the variances requested and it’s possible for duplication and overlap of variances. There being no other speakers, the public hearing was closed. I. DISCUSSION/DECISION ON APPLICATIONS 1. V#13-18 – Application of Thayer Enterprises LLC for property located at 34-36, 61-63 & 65, 67, 71-73 West Main Street and 3 Falls Ave in a Waterfront Development (WD) zoning district. In accordance with Sections: 8.3.1.(d)(4) Yard requirements. To reduce the required front yard from 25’ required to 0’ requested. Page 8 of 10 8.3.1.(d)(5) Density standards. To reduce the required 5000 s.f. of lot area per each multifamily residential unit from 35,000 s.f. required to 21,780 s.f. provided. 8.3.1.(d)(6) Usable recreation area. To reduce the required 450 s.f. per dwelling unit from 3150 s.f. required to 2300 s.f. provided; from 30’ minimum width required to 14’ minimum width provided; to allow required yards or parking area to be included as part of the recreation area. 8.3.1.(d)(8) Landscaping. To reduce the required landscaped buffer strip from 15’ to 0’ provided. 8.3.1.(d)(8)a. Landscaping. To reduce the required landscaped buffer strip from 35’ to 0’ provided. 9.6.5 Landscaping. To reduce the required landscaped buffer strip from 5’ wide along the boundary line of the front yard to 0’ provided. 9.7. Display of goods. From disallowing goods, wares or merchandise to be displayed in the front yard setback to allowing boats to be displayed in the front yard setback. 15.1.4.(a) Off-street parking. To reduce the number of parking spaces required from 35.5 spaces required to 0 spaces provided. 15.1.4.(b) Off-street parking. To reduce the number of parking spaces required from 19.4 spaces required to 0 spaces provided. 15.4. Dimensions of parking space. To increase the number of compact car spaces from 25% allowed to 33% provided. 15.13. Landscaping. To reduce the amount of green space within the parking lot from 324 s.f. required to 0’ provided. For the construction of additional commercial space for marine sales, and to re-establish seven (7) residential living units and associated site improvements. Seated were Marc Benjamin, Joe Jacaruso, Henry Olender, Ray Dussault & Peter Cuprak Motion was made by Ray Dussault, second by Henry Olender to accept V#13 -18 for discussion. Marc Benjamin stated they wanted to do all the motions individually. . Ray Dussault stated the purpose would be to unite the two buildings. Mr. Dussault stated they have worked to try to overcome some of the issues by adding some recreation and access area to the fronts. He also stated the yards and parking open up to the waterfront recreation area. Ray Dussault stated he was concerned with the landscaping with 0 yard setbacks and after Ms. Mattern’s presentation he had a much better understanding with the limited amount of area. Ray Dussault stated anyone that is going to invest in a piece of property of this magnitude, needs to provide as much landscaping as they can. Mr. Dussault stated he doesn't like the 0 setback but it is a difficult property. It’s up to the City and the ZBA to work with Thayer’s Marine. Page 9 of 10  Marc Benjamin stated that some of the o setbacks are because the buildings are on the property lines and they can get some relief from these variances. Ray Dussault stated display of goods is not a problem, it’s a previous use, the Thayer’s have been dedicated retailers for a long time in the City and what they’re requesting is in keeping with the property development. There is no change of use but an enhancement and growth of their business. Ray Dussault stated the parking issue is a real hardship because it’s impacted by the State of Connecticut and the City of Norwich with one side by the river on the other side with the development of West Main St. and Falls Ave. Ray Dussault stated it’s a hardship what has transpired around them and the ZBA should try to accommodate them, and they understand the needs of their property. Ray Dussault stated they have been long time property owners and are ready to reinvest and their hardships are out of their control. They deserve whatever consideration the ZBA can give them. Motion was made for 8.3.1(d)(4) by Ray Dussault, and second by Henry Olender - unanimous. Motion was made for 8.3.1(d)(5) by Ray Dussault, and second by Henry Olender - unanimous. Motion was made for 8.1.1. (d)(6) by Ray Dussault, and second by Henry Olender – unanimous. Motion was made by Ray Dussault, and second by Henry Olender to accept and collectively vote on the landscaping as one consisting of 8.3.1.(d)(8), 8.3.1.(d)(8)(a), 9.6.5 and 15.13. Motion carried unanimously. Motion was made by Ray Dussault, and second by Henry Olender to accept 9.7 display of goods - unanimously. Motion was made by Ray Dussault, and second by Henry Olender to accept and collectively vote on the off-street parking variances as one consisting of 15.14(a), 15.1.4(b), and 15.4 - unanimous J. OTHER MATTERS-NONE K. ADJOURNMENT On a motion by Marc Benjamin, seconded by Joe Jacaruso it was unanimously voted to adjourn at 9:05 p.m. Respectfully submitted, Linda Lee Smith Recording Secretary Page 10 of 10