Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS JUNE 12, 2018 Meeting Minutes The regular meeting of the City of Norwich Zoning Board of Appeals was called to order at 7:01 p.m. Roll call was taken. PRESENT: Marc Benjamin, Chairman Mark Kulos Peter Curprak Dorothy Travers Robert Phoenix, Alternate David Martin, Alternate ABSENT: None OTHERS: Richard Shuck, Zoning Enforcement Officer, and Linda Lee Smith, Recording Secretary Marc Benjamin stated there were 4 regular members. The order for the alternates would be David Martin and second Robert Phoenix. Robert Phoenix made a motion to observe a motion of silence for one of their fallen member. David Martin second. Marc Benjamin stated Henry Olender had been on the Zoning Board of Appeals for at least 22 years. D. COMMUNICATIONS – None E. ACCEPTANCE OF MINUTES Robert Phoenix made a motion to approve the minutes of the May 8, 2018 meeting. Dorothy Travers second. Motion carried unanimously. F. OLD BUSINESS: None G. NEW BUSINESS: Marc Benjamin opened the public hearing 1. V# 18-04: 37 Rogers Ave. Request for Variance to ZR Section 1.1 Residential Bulk Requirements, to construct a 6 ft. X 14 ft. 5 in. landing with associated staircase 21 in. from the East property line where 15 ft. is required and reduce the required front yard setback to 0 where 30 ft. is required. Property of Aurelio L. Dasilva & Lois C. Dasilva - Knapton; Application of Lois Dasilva - Knapton Assessors Map # 118, Block # 3 Lot # 14, R-20 Zone Richard Shuck read into the record the legal ad. Read Exhibits A-K. Mr. Shuck stated there was a problem with the abutter’s mailings. The property owner had sent them out certified but not certified return receipt as required by regulations 10 days prior to the public hearing. Mr. Shuck said that the City would need to re-notice the variance in the newspaper and the property owner to resend to the abutters notices certified return receipt. There would not be any action this evening. 1 of 5 2. V#18-05: 210 West Town St. Request for Variance to ZR Sec. 6.5.2 to allow for a residential use on the first floor of a mixed use residential /commercial building; and Sec. 6.5.5 to allow for the residential use of a mix use building to exceed 50% of the total sf. of the building. Property of 210 West Town Street Limited Partnership; Application of Eric Greenstein Assessors Map # 58, Block # 2 Lot # 21, NC Zone V18-05 Richard Shuck read into the record Exhibits A-G. Eric Greenstein, 19 Dimmock Rd., Waterford, CT. Mr. Greenstein handed out Exhibit "H". He explained that the property at 210 West Town St. must be one of the oldest houses in Norwich and was built in 1660. He stated there was a letter from Bill Champagne in support of his variance. Mr. Greenstein explained the house had been a residence for 350 years, it pre-existed zoning by 300 years, and between 1950 and 1980 a small additional wing was added on and used as a bookstore by two different families. Mr. Greenstein said it’s a very tough situation because it is an antique home but wasn't meant as a commercial office. The wing has good commercial use but is not large enough to meet the Zoning regulations. Mr. Greenstein said the zoning regulations stated that half the house needs to be commercial and is too small to meet the 50% and which is unusable. Mark Kulos asked for clarification if the garage was usable space as an office. Mr. Greenstein stated no it is on a slab, unheated and unusable and used for storage. Mr. Greenstein stated the variance he was requesting, he wasn't changing anything, there is a house with a commercial wing, where 25% of the house was commercial it would work nicely and it would help preserve the historic home. He stated it’s not in the historic district but is in The Bean Hill District and on the National Historic Register. He would like to keep the building used as a residence. Mr. Greenstein stated he had seen Attorney Phillips with the three questions he would have to address: 1. He stated the special circumstances are the building existed 300 years before zoning. 2. It was designed as a residence and retrofitting it to commercial use would be a detriment to its historic character. Applying strict application would likely render the property unsaleable with the oversupply of quality vacant office space in the neighborhood. 3. He also stated that keeping the building residential and keeping a portion as commercial fits perfectly into the neighborhood. Mr. Greenstein stated there was a letter of support from Bill Champagne in the package Exhibit "H". Mark Kulos asked when the wing was built. Mr. Greenstein stated that Linda Lee Smith had helped him with the Building Dept. file but there wasn't anything about the wing at all. Mr. Greenstein thought the wing was probably after 1950 and his guestimate as a realtor would probably be 1960-1970, but there wasn't any history from the Building Dept. Mark Kulos asked if it was presently a real estate office. Mr. Greenstein stated yes and using about 40% of it. Mr. Kulos asked what he envisioned going into this space. Mr. Greenstein said his ideas were an Attorney or CPA and running their business in the commercial area. Mark Kulos asked how many parking spaces he had. Mr. Greenstein stated 13 parking spaces. Mark Kulos asked if the 2 car garage could be used for the residence. Mr. Page 2 of 5 Greenstein stated yes. Mark Kulos asked if the building was vacant. Mr. Greenstein stated no, he has 15-20 agents but not more than 2 come into the office. Robert Phoenix asked for clarification on the photo of the interior and the connection to the main body of house to the addition. Discussion ensued on the location of the open doorway to the addition. Marc Benjamin stated the house is 300 years old and it predates zoning. Mr. Benjamin also stated he doesn't have reasonable use to fulfill the zoning requirements of the commercial space being over the 50%; and it is historic and anything he tries to do to make it more commercial will have an impact on the historic value and issues with the State on the historic side. Peter Cuprak made a motion to close the Public Hearing. Mark Kulos second. Motion carried unanimously. 3. V#18-06: 488 New London Tpke. Request for Variance to ZR Sec. 2.1 to allow for the construction of code compliant stairs and landing 2 ft. 6 in, from the northern property line where a 10 ft. setback is required. Property of East Great Plain Volunteer Fire Co.; Application of Keith Milton Map # 116, Block # 1 Lot # 5, GC Zone Rich Huntley, Deputy Chief, 29 Great Plain Rd. Norwich, CT represented the East Great Plains Volunteer Fire Co. Rich Huntley stated they had a safety violation from the Fire Marshal’s office approximately 1 1/2 years ago for their second means of egress from the second floor assembly hall which has become outdated, and haven’t been able to use it, and it doesn't meet code compliance. They have engineered blue prints and the Building Dept. and the Fire Marshal’s office to fit the requirements needed for the means of egress and applying for the variance because it’s so close to the side yard property line that abuts Pine St. Mark Kulos asked if there was an existing stairway. Mr. Huntley stated yes there is an existing steel structure there now that will be removed and replaced with a new pressure treated wood staircase. The previous steel structure was built in 1945 and was acquired off another building in Norwich and has been there ever since. David Martin asked if the new stairway takes up more space. Mr. Huntley stated yes because of the width and the pitch and new codes. Mark Kulos asked if the new stairs would come out where the same existing structure and in the same place on Pine St. Mr. Huntley said the existing stairs go to the back of the building, the new stairs will go to the back but then return to the front of the building. Mr. Huntley stated the existing stairs that are there are too close to the road and don't meet the 10' setback. Richard Shuck stated for clarification that the stairs do exit the back and go into the back yard and with the variance you want to minimize the impact, he asked instead of doing the switchback out to the front. Richard Shuck stated that Jim Roberts explained the way the code is written it has to exit to a street or exit to their front parking lot and can't exit to the back yard. Page 3 of 5  Mark Kulos stated it is a code issue for the requirements of the egress makes it less code compliant for the new stairway. Marc Benjamin stated it is for the life safety code. Robert Phoenix made a motion to close the Public Hearing. Peter Cuprak seconded. Motion carried unanimously. H. DISCUSSION / DECISION ON APPLICATIONS 1. V# 18-04: 37 Rogers Ave. Request for Variance to ZR Section 1.1 Residential Bulk Requirements, to construct a 6 ft. X 14 ft. 5 in. landing with associated staircase 21 in. from the East property line where 15 ft. is required and reduce the required front yard setback to 0 where 30 ft. is required. Property of Aurelio L. Dasilva & Lois C. Dasilva - Knapton; Application of Lois Dasilva - Knapton Assessors Map # 118, Block # 3 Lot # 14, R-20 Zone 2. V#18-05: 210 West Town St. Request for Variance to ZR Sec. 6.5.2 to allow for a residential use on the first floor of a mixed use residential /commercial building; and Sec. 6.5.5 to allow for the residential use of a mix use building to exceed 50% of the total sf. of the building. Property of 210 West Town Street Limited Partnership; Application of Eric Greenstein Assessors Map # 58, Block # 2 Lot # 21, NC Zone David Martin made a motion to Approve V18-05 Peter Cuprak second. David Martin stated it is not practical or feasible to update this as a historic house to meet modern commercial building codes. Mark Kulos stated that it is very unique in historic nature and not another property in that area with the best use of the property is to separate the commercial portion from the residential portion. Mr. Kulos stated the fact there is adequate commercial properties available within that area and even commercial space is currently vacant and there is no overriding need for that building to be 50% commercial and the best use is the use of the historic nature of the building. Marc Benjamin stated it is a historic property, looking for commercial property for the tax base, he would hate to see a demolition code for historic in favor of commercial integrity return it to 350 years. Voting in favor Marc Benjamin, Mark Kulos, Dorothy Travers, Peter Cuprak, and David Martin 3. V#18-06: 488 New London Tpke. Request for Variance to ZR Sec. 2.1 to allow for the construction of code compliant stairs and landing 2 ft. 6 in, from the northern property line where a 10 ft. setback is required. Property of East Great Plain Volunteer Fire Co.; Application of Keith Milton Map # 116, Block # 1 Lot # 5, GC Zone Robert Phoenix made a motion to approve V18-06. Dorothy Travers second. Robert Phoenix stated the East Great Plains Fire house was getting by with what they had and they need to allow the variance reduction of the setback for their second floor egress. Mark Kulos stated it’s a code compliance issue from the Marshal's Office and there isn't an adjacent structure. Page 4 of 5  Dorothy Travers stated it’s due to the code compliance issue they had received 1 1/2 years ago. Voting in favor Marc Benjamin, Mark Kulos, Dorothy Travers, Peter Cuprak, and Robert Phoenix I. OTHER MATTERS: None J. ADJOURNMENT A motion was made by Peter Cuprak to adjourn at 7:50p.m. It was second by Mark Kulos. The motion carried unanimously. Respectfully submitted, Linda Lee Smith Recording Secretary Page 5 of 5