Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS October 10, 2017 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. PRESENT: Marc Benjamin, Chairman Henry Olender, Vice Chairman Mark Kulos Dorothy Travers Peter Curprak Robert Phoenix, Alternate David Martin, Alternate ABSENT: OTHERS: Richard Shuck, Zoning Enforcement Officer, and Linda Lee Smith, Recording Secretary D. COMMUNICATIONS – None. E. ACCEPTANCE OF MINUTES A motion was made by Dorothy Travers to APPROVE the minutes of the September 12, 2017 meeting. Second by Mark Kulos. The motion passed unanimously. F. OLD BUSINESS: None G. NEW BUSINESS: Chairman Benjamin opened the public hearing 1. Application #V17-08 – Application of Elizabeth Crum, of Women’s Institute Realty of Connecticut, Inc. for property located at 201 Main Street in Chelsea Central (CC) zoning district. Assessor’s Map# 102, Block# 6, Lot# 25. Request a variance of Sec. 6.5.2 – the proposed design is a mixed residential and commercial use with three residential units on the first floor. Sec. 6.5.5 - The square footage of residential use exceeds the square footage of commercial use in the proposed design by 11,667 (total net square footage (NSF) of proposed residential space is 12,677 sf; total NSF of proposed commercial space is 1,000 sf). Richard Shuck entered into the record Exhibits “A-H”. Richard Shuck entered Exhibit “I” into the record an email from Deanna Rhodes a letter of support from David Bishop for the Reid and Hughes. Betsy Crum, Executive Director of Women’s Institute, 75 Charter Oak Avenue, Hartford, CT. Dave Goslin represented Croskey Architects, 750 Main Street, Hartford, CT. Betsy Crum explained she was applying for 2 variances she was addressing them together. Ms. Crum stated they Women’s Institute will be stabilizing and restoring the Reid and Hughes property. In April 2017 RFP Norwich has owned the building for about 20 years which is 193- 201 Main Street, two separate buildings. Ms. Crum stated they have been developing housing for 35 years and financing is available through the State to renovate the Reid and 1 of 5 ZBA 10/16/2017 Hughes with $500,000 to stabilize the building which is part of their agreement with the City. She stated they’re seeking relief from Sec. 6.5.2 no building having mixed use can have residential on the first floor or beneath first floor. The proposal has commercial along Main Street in the front of the building and residential in the rear of the building on the first floor. Sec. 6.5.5 the square footage of residential use should not exceed the square footage of the commercial. Ms. Crum stated it’s a 4 story building and for the project to be viable the upper floors would have to be residential units. She stated a recent study showed walkable downtowns were what the residents are looking for with residential units on the upper floors and commercial on the first floor. Dave Goslin representing Croskey Architects gave a brief explanation of the building with first floor commercial, basement to be used for storage for residential and retail with a total of 20 units, 9 studio apartments and 11 one bedroom apartments. Betsy Crum stated there is a lot of vacant commercial space in downtown and if it’s impossible to meet the regulation for the commercial space. Mark Kulos asked about mechanical space on the first floor that is dedicated to retail space or residential. Mr. Goslin stated it’s for the retail and the residential will be in the basement. Mr. Kulos said the site plan doesn’t show any mechanicals in the basement. Mr. Goslin stated this is a beginning plan and once they get into it with approvals it will be updated. Richard Shuck stated there is a challenge with the Flood Hazard which wasn’t mentioned. Mr. Shuck stated the basement is in the flood zone anything that goes in the basement has to be 1 ½’ above the flood elevations and they haven’t done the elevation survey yet. Mr. Goslin stated his second page of the site plan shows the 100 and 500 year flood plain. Betsy stated the terms with agreement with the city will review the architectural plans before final project. The project will be developed in two phases, the first the stabilization phase, and they’ve ordered a survey so that they have the data to finalize the plans. Mark questioned the mechanicals being in the basement if there is 4-5’ flood elevation. Mr. Goslin stated the ceilings are high down there so if they need to raise the floor or the mechanicals they could. Bob Phoenix stated it was good the building will be getting some use but was concerned about the small retail space. Marc Benjamin asked what type of retail would go into 1,000 sq. ft. Betsy Crum stated maybe a pizza restaurant, small convenience store. Mr. Benjamin asked what their deadlines were. Ms. Crum stated November 22. She stated they would need to complete any zoning variance, secure financing for stabilization, survey the property, and conduct a Phase I environmental. Mr. Benjamin asked if they would need all the residential units to make it a viable project. Ms. Crum stated yes. Mr. Benjamin was wondering if there was any room to move on the 1,000 sq. ft. for the commercial portion as he wasn’t sure that would be big enough. Mr. Goslin said they probably could put the laundry and mechanical rooms in the basement to free up more space for retail. Mr. Benjamin was concerned if the retail space was too small they wouldn’t be able to get a tenant. Ms. Crum stated she doesn’t want an empty commercial area. Discussion ensued on the size of the retail space. Richard Shuck stated the storage and mechanical could go in the basement but not the laundry. Marc Benjamin stated the board needs to concentrate on the size of the retail and not redesigning the building. Page 2 of 5 ZBA 10/16/2017 Marc Benjamin stated he understands their deadline date is November 22. He also he stated it’s a great project. Ms. Crum stated the City Planner did not speak to the size of the retail space, but it was nonconforming. Mark Kulos and Dorothy Travers stated they would be more comfortable with 1600-1700 sq. ft. for the retail space than 1,000 sq. ft. Sue Massey, 1 Sachem Terrace, Norwich spoke in favor of granting the variance. It’s in the best interest for Norwich. She stated many young people and retirees want to live downtown. Dale Plummer, City Historian, 25 Broadway, spoke in favor of the variance for the project. He stated the City had spent $10,000 in conjunction $10,000 from the Connecticut Trust for Historic Preservation study the feasibility of saving this building, and the study came up with residential housing as the best demand and housing is what the available funding is for. Mr. Plummer stated it is reasonable to grant the variance. He stated the trend in downtowns is that residential creates more opportunities for retail. The Connecticut Main Street program has also been working with the City on this property. Brendon Rich from New Britain spoke in favor of the project. He is in favor granting the variance for this project. This is one of the last historic downtowns and it seems as though it’s a place people are coming to. Mr. Goslin stated he has been working on several downtown Main Street projects and they’re working in New Britain and Waterbury. Betsy Crum stated she does want mixed use, but she would address with her architect to consider increasing the 1,000 sq. to 1,600 or 1,700 sq. ft. for retail. There being no other speakers the public hearing was closed. Mark Kulos made a motion to close the Public Hearing. Peter Cuprak seconded the motion. Motion carried unanimously. 2. V# 17-09 – Application of Joseph J. Cirrito Jr. for property located at 65 Geer Avenue, in a Multi-Family (MF) residential zoning district. Assessor’s Map# 117, Block# 3, Lot# 56. Request a variance of Sec. 1.1, Residential Bulk Requirements to construct an addition no closer than 18 1/2 ft. from the front yard property line where 25 ft. is required. Richard Shuck entered into the record Exhibits "A-J". Joseph Cirrito Jr., property owner 65 Geer Avenue presented. Mr. Cirrito stated he wanted to put an addition on the side of his house, as it’s hard to go up the stairs. He has lived in the house for 37 years. His wife has arthritis and it would make life easier for her if the bedroom was on the first floor. Henry Olender stated that he is only adding for an additional 3’ porch, stairway would be the 18 ½’ the rest of the addition would be 22’ off the front. He also was concerned that he didn’t include a handicap ramp. Mr. Cirrito stated he thought about and could do it later. Mark Kulos asked why he put the deck access on the side and not in the front and he could reduce the request by approximately 4’. Mr. Cirrito stated it’s because of the layout and design of the addition to allow for the addition of the bathroom and access between the rooms. Page 3 of 5 ZBA 10/16/2017  Robert Phoenix asked if there were any other buildings on the property. Mr. Cirrito stated there is a garage at the rear off Summit St. Mark Kulos stated Mr. Cirrito is on a corner lot with two front yard setbacks. Mr. Cirrito stated the addition as proposed would be in line with the front of the other houses on Summit Street. Mr. Cirrito stated his neighbor’s stairs encroach further than his would. Dave Martin questioned if there were no interior doors and access to the rest of the house from the addition. Mr. Cirrito stated doors don’t show on the plan because they are open passages between the rooms. Robert Phoenix stated Exhibit “I” asked if maximum lot coverage is 25%. Richard Shuck stated he is well within the lot coverage. There being no other speakers the public hearing was closed. Robert Phoenix made a motion to close the Public Hearing. Henry Olender seconded the motion. Motion carried unanimously. H. DISCUSSION / DECISION ON APPLICATIONS 1. Application #V17-08 – Application of Elizabeth Crum, of Women’s Institute Realty of Connecticut, Inc. for property located at 201 Main Street in Chelsea Central (CC) zoning district. Assessor’s Map# 102, Block# 6, Lot# 25. Request a variance of Sec. 6.5.2 – the proposed design is a mixed residential and commercial use with three residential units on the first floor. Sec. 6.5.5 - The square footage of residential use exceeds the square footage of commercial use in the proposed design by 11,667 (total net square footage (NSF) of proposed residential space is 12,677 sf; total NSF of proposed commercial space is 1,000 sf). Motion was made by Mark Kulos, addressing variance of 6.5.2, to APPROVE residential uses on the first floor. The best use of property is with a mix of residential and commercial on the first floor to maximize the potential for the building. Marc Benjamin seconded. Discussion ensued Marc Benjamin stated he didn’t like that there was only 1,000 sf. of commercial space. Henry Olender stated that he felt the board is not the party that should set the retail space to 1600 sf. Marc Benjamin stated if we delayed on action he would like clarification from staff on reasonable use. He has an issue with amount of residential compared to the commercial space and requesting information from staff would help. The applicant stated during the public hearing they could do more than the 1000 sf. and a variance is supposed to be for the minimum you need to do it. Marc Benjamin stated he would feel more comfortable with the Planner’s input. Richard Shuck stated that while he could not speak for the City Planner that he was confident if she had any issues with the application she would have written an opinion based on review of the application. He also stated there was no calculation to figure out what would be appropriate square footage for commercial verses residential. After discussion motion carried unanimously. Mark Kulos made a motion for the variance of sec. 6.5.5 to APPROVE the 1,000 sq. ft. of commercial space on the first floor and propose the rest of the space is residential. Dorothy Page 4 of 5 ZBA 10/16/2017  Travers seconded it. Mark Kulos stated the 1,000 sq. ft. stated that is the minimum amount that will be put in there and a commercial tenant could come in and may need the entire first floor. Robert Phoenix asked if you approve the 1,000 sq. ft. commercial and a commercial tenant comes in and needs more can they have over 1,000 sf. of commercial. Richard Shuck stated the variance is to the regulation and the 1,000 sq. ft. is the minimum but they could always do more but not less. A vote was taken and four members were in favor and one opposed as follows: Mark Kulos, Henry Olender, Dorothy Travers, and Peter Cuprak voting in favor. Marc Benjamin opposed 4 in favor/1 opposed Marc Benjamin. Appeal granted. 2. V#17-09 – Application of Joseph J. Cirrito Jr. for property located at 65 Geer Avenue, in a Multi-Family (MF) residential zoning district. Assessor’s Map# 117, Block# 3, Lot# 56. Request a variance of Sec. 1.1, Residential Bulk Requirements to construct an addition no closer than 18 1/2 ft. from the front yard property line where 25 ft. is required. Marc Benjamin stepped down and allowed David Martin to sit in his place. Mark Kulos made a motion to APPROVE the application for the construction of the addition no closer than 18 ½’ from the front yard property line where the 25’ is required. It’s on a corner lot, this is the best location for the addition, and 18 ½’ is to the deck entry where the bulk of the property is 22’. Dorothy Travers seconded. David Martin stated it’s a reasonable request to have the bedroom on the first floor, it’s the only location to put it. They have 2 front yard setbacks and if this was a side yard setback they wouldn’t have needed the variance. Peter Cuprak stated they have lived in the house for 37 years and it’s the best use that helps keep someone in their home. Voting in favor Mark Kulos, Henry Olender, Dorothy Travers, Peter Cuprak, and David Martin. After discussion motion carried unanimously. I. OTHER MATTERS: None J. ADJOURNMENT A motion was made by Robert Phoenix to adjourn at 8:15 p.m. It was second by Dorothy Travers. The motion carried unanimously. Respectfully submitted, Linda Lee Smith Recording Secretary Page 5 of 5 ZBA 10/16/2017