Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS August 8, 2017 Meeting Minutes The regular meeting of the City of Norwich Zoning Board of Appeals was called to order at 7:03 p.m. Roll call was taken. PRESENT: Marc Benjamin, Chairman Mark Kulos Dorothy Travers Robert Phoenix, Alternate ABSENT: Henry Olender, Vice Chairman Peter Curprak David Martin, Alternate OTHERS: Richard Shuck, Zoning Enforcement Officer, and Linda Lee Smith, Recording Secretary Marc Benjamin opened the public hearing and explained it takes four out of five votes in favor of an application to approve and he gave the applicants the option of postponing until the next meeting so that there could possibly be five members present. D. COMMUNICATIONS - None E. ACCEPTANCE OF MINUTES A motion was made by Mark Kulos to APPROVE the minutes of the July 11, 2017 meeting. Second by Dorothy Travers. The motion passed unanimously. F. OLD BUSINESS: 1. Application #V17-03: 204 Sturtevant Street. Request a variance of Sec. 2.2 for a use variance to allow for indoor storage of RV, campers, boats and autos. Application and property of 204 Sturtevant Street LLC. Assessor’s Map 67, Block 3, Lot 19, Zone NC Paul Breglio, 38 Grove Way, Clinton, CT, managing member of 204 Sturtevant Street LLC spoke on behalf of the applicant. He read Exhibit “J” dated May 8, 2017. He explained there is a market for RV campers, boats, auto storage and would be using 20,000 sq. ft. of the 46,000 sq. ft. building. Mr. Breglio stated the property is located in a flood plain and he has been unsuccessful ant getting tenants. He stated he moved the CrossFit gym from another one of his properties into this location because it was more suitable. Mr. Phoenix asked Mr. Breglio if all the abutter notices weren’t sent out and verified since the hearing was continued due to the applicant not being able to previously provide proof of mailing for some abutters. Linda Lee-Smith stated they had been sent and were complete. Mark Kulos asked how many RV’s would be stored. Mr. Breglio stated 10-23 and if they were smaller an estimate of 20 vehicles. He also asked how they would handle getting the vehicles out of the building in case of a flood. Mr. Breglio stated there would be an onsite manager with keys to all 1 of 4 ZBA 08/14/2017 the vehicles to move them out in case of flooding. Mr. Breglio stated the research he did the worst storm was in 1983 when there was 12” of water in the building. Robert Phoenix asked if in their leasing agreement they would be prohibiting working on vehicles. Mr. Breglio stated they would not allow people to work on vehicles. Marc Benjamin asked Mr. Breglio to demonstrate his hardship. Mr. Breglio stated his hardship is the location. He explained it’s not a viable retail location, and the flood plain makes it difficult to attract tenants that fit the permitted uses in the zone. Dorothy Travers questioned if they would be subdividing the rest of the building. Mr. Breglio stated the rest of the building would be divided into 8 retail units. Mark Kulos stated the retail use is a permitted use, he is looking for the variance for the storage which is not a permitted use. There being no other speakers, Robert Phoenix made a motion to close the Public Hearing. Mark Kulos seconded the motion. Motion carried unanimously. G. NEW BUSINESS: Chairman Benjamin opened the public hearing 1. Application #V17-05: 603 Norwich Avenue (aka 607 Norwich Avenue). Request for variance of Sec. 5.2.7 to allow for installation of a 10 ft. x 30 ft. banner for a period of one year and increase the total sf. of temporary signage from 100 sf. to 500 sf. Application of Ponemah Riverbank, LLC Assessor’s Map 39, Block 1, Lot 3, Unit B, Zone Production, Manufacturing & Research District (PMR) Richard Shuck entered into the record Exhibits “A-H”. Richard Shuck explained to the board the reason the application had the property listed as both 603 and 607 Norwich Ave. is that the assessor had changed the parcel address from 607 to 603 and other most records refer to it as 607. Fin O’Neil, Director of Operation and Project Manager Mark Henderson, from OneKey LLC, 241 Hudson Street, Hackensack, NJ., represented the applicant. Fin O’Neil explained to the board that the first phase 116 residential units they would like to start pre-leasing and would like to have permission for temporary banners. Mr. O’Neil stated his hardship was because of the size of the building in relation to the signage that would be allowed would cause the banner to not be seen clearly from the street. Marc Benjamin stated it is a massive building and a great project, he’s requesting a banner with information to draw attention but the zoning regulations would only permit a small banner. Discussion ensued on the size and amount of small feather/sail banners would be considered appropriate and making sure it would be secured. Mr. O’Neil stated the banners would be for the first phase temporary signage for 1 year and they would return for signage for phase 2. Page 2 of 4 ZBA 08/14/2017  Marc Benjamin asked Richard Shuck if there should be any stipulation for bonding. Richard stated he didn’t think it would be necessary. Paul Breglio, Manager of 204 Sturtevant St LLC, he owns 539 Norwich Avenue, 2 buildings down and he’s in favor of the variance. He stated the developers are he’s doing a great job, it’s a wonderful improvement to the neighborhood, and the banners are needed to market the project. There being no other speakers Mark Kulos made a motion to close the Public Hearing. Robert Phoenix seconded the motion. Motion carried unanimously. H. DISCUSSION / DECISION ON APPLICATIONS 1. Application #V17-03: 204 Sturtevant Street. Request a variance of Sec. 2.2 for a use variance to allow for indoor storage of RV, campers, boats and autos. Application and property of 204 Sturtevant Street LLC. Assessor’s Map 67, Block 3, Lot 19, Zone NC Robert Phoenix made a motion to APPROVE #V17-03. Mr. Phoenix stated that based on the applicant’s hardship with the property is located in the flood plain; it doesn’t have flood plain restrictions on the building allowing retail use but it does make retail a challenge. He explained the application would allow a portion of the property that would otherwise be unutilized to be utilized with a use that is a viable and permitted use in a flood zone. Marc Benjamin was concerned that it wasn't reflected in the application/advertisement that it would be for 20,000 sq. ft. of the total building. Robert Phoenix amended his motion to include a maximum of 20,000 sq. ft. to be used for the indoor storage. Dorothy Travers second. Dorothy Travers stated she frequently drives by the dormant, run down building, with the location in the flood plain the best use is for storage, and important to get it back on the tax rolls. Mark Kulos stated he’s extremely familiar with the building and the flood plain makes it a tremendous hardship. He stated it was originally an old factory building and it made sense with the water to power the mills. Then turned into the shopping plaza then the anchor store moved out and it’s been very difficult to get tenants. This will bring back tenants and definitely a plus to add it to the City’s tax rolls. The hardship also being in the flood plain and there hasn’t been any major flood issues in over 30 years. Mr. Kulos stated the best use of the property would be for storage and other than that it would be unmarketable. Marc Benjamin stated he agreed with the other Commission’s remarks and because of the flood plain it’s not marketable and storage is a reasonable use. After discussion the motion to approve carried unanimously, 2. Application #V17-05: 603 Norwich Avenue (aka 607 Norwich Avenue). Request for variance of Sec. 5.2.7 to allow for installation of a 10 ft. x 30 ft. banner for a period of one year and increase the total sf. of temporary signage from 100 sf. to 500 sf. Application of Ponemah Riverbank, LLC Assessor’s Map 39, Block 1, Lot 3, Unit B, Zone Production, Manufacturing & Research District (PMR) Page 3 of 4 ZBA 08/14/2017  Robert Phoenix made a motion to APPROVE #V17-05 based on the hardship of the massive size of the building requires a larger sign to notify the public that units are available with the restrictions of 300 sq. ft. for the banner and 100 sq. ft. for feather/sail banners for a total of 400 sq. ft. signage and the feather/sail banners are to be removed during non-business hours. Mark Kulos second. He stated he didn’t have any problems with the 300 sq. ft. banner. After discussion motion to approve carried unanimously. I. OTHER MATTERS: Richard Shuck stated the last Council meeting had a resolution for a drive-thru in the neighborhood commercial zone (NC) had been approved. Marc Benjamin stated it used to be allowed and when the new regulations were completed it had been deleted. It was granted. Mark Kulos stated October 1 Granny Pods will be allowed in the State and discussion ensued. Richard Shuck stated he and Deanna Rhodes will be doing a report. J. ADJOURNMENT A motion was made by Robert Phoenix to adjourn at 8:00 p.m. It was second by Mark Kulos. The motion carried unanimously. Respectfully submitted, Linda Lee Smith Recording Secretary Page 4 of 4 ZBA 08/14/2017