Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS December 10, 2019 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 Dorothy Travers David Martin Robert Phoenix Peter Cuprak Gregory Schlough, Alternate ABSENT: None OTHERS: Richard Shuck, Zoning Enforcement Officer, and Katherine Rose, Recording Secretary Marc Benjamin called the meeting to order at 7:02 p.m. Marc Benjamin stated all seated members would be voting on all matters. A. COMMUNICATIONS: None. B. ACCEPTANCE OF MINUTES: Gregory Schlough made a motion to accept the October 8, 2019 minutes with the correct that he also voted in favor of upholding the ZEO’s decision. Dorothy Travers seconded. Motion passed unanimously. C. OLD BUSINESS: None. D. NEW BUSINESS: 1. V# 19-09: 120 Broadway. Request a variance of ZR Sec. 6.5.5 to allow the square footage of residential uses in a mixed use building to exceed the square footage of commercial uses, by converting 1,436 sf. of commercial square footage on the second floor to a residential use. Property of Unicorn Investments, LLC. Application of Mark L. Dickinson, Assessor’s Map #102, Block #2, Lot #11&17 Richard Shuck read into record Exhibits A - K. Attorney Ed Cascella of Cloutier & Cascella, 29 Elm Street Old Saybrook, and Mark Dickinson of 327 Cold Spring Drive, Westbrook introduced themselves and explained the property is a merger of the building at 120 Broadway and a 20-car parking lot located at 33 Union Street that are adjoined by a bridge on the second story of the building. Attorney Cascella stated the property currently is leased to an accountant on the bottom floor and a residential tenant on the top floor so they are requesting a variance to use the second floor for residential as well as Mr. Dickinson has been unable to rent it commercially. Attorney Cascella the variance would allow residential usage for more than half of the property however the direct connection to the Union Street lot from the top two floors allows them to be more part of the 1  residential makeup of Union Street. Marc Benjamin asked what the second floor space was used for in the past. Mr. Dickinson responded that when the building was the Hinchey & Cummins it was storage but was designed as an apartment space which gave him the idea to turn the area from commercial to residential. Mr. Dickinson added Fire Marshal Jim Roberts told him that because the second floor has access to grade level, on Union Street, the building does not need to have a sprinkler system installed however there is a full fire alarm system in building. Attorney Cascella stated the hardship is the property has unique features of a double front and dedicated parking lot but as the lot is located in the rear on residential Union Street and is accessed by the top two floors it is more logical to use both top two floors as residential; and the owner has not had success in renting the second floor commercially. Paula Berglund of 136 Baltic Road, Norwich stated she was in favor of the project and felt it was positive to add more residential space to the town she just had some safety concerns with the egress entrance on the second floor. Mark Dickinson responded that there is a main entrance located in the front with vestibule and a staircase leading to the top floor as well as a back door on the second floor that leads outside to grade. Mr. Dickinson said all of the bedroom windows will be egressed to code. Robert Phoenix made a motion to close the public hearing. David Martin seconded. The motion passed unanimously. 2. V# 19-10 114 Yantic Road. Request for a variance of ZR. Sec. 1.1 Residential Bulk Requirements to reduce rear yard setback from 30 ft. to 1 ft. also request variance of Sec.1.1 to increase the maximum lot coverage from 20% to 29% where 23% exists. Application of Paul Bernier, Owner(s); Paul Bernier and Richard White Jr.; Assessors Map #49, Block 1, Lot(s) #54, R-20 Zone Richard Shuck read into record Exhibits A - I. Robert Phoenix made a motion to continue the variance until the next regular meeting. Dorothy Travers seconded. The motion passed unanimously. 3. V# 19-11 14 Banas Ct. Request for a variance of Sec. 4.8, Nonconforming Building and Uses to expand a nonconforming use by constructing an attached 10 ft. x 14 ft. sunroom on the nonconforming residential home in the General Commercial Zoning district. Application of Christopher Glynn, Owner; Christopher and Christine Glynn Assessors Map #116, Block 2, Lot(s) #16. Richard Shuck read into record Exhibits A - J. Christopher and Christie Glynn of 14 Banas Court introduced themselves and stated they are requesting a variance on their nonconforming building in order attach a sunroom in a nonconforming area. Mr. Glynn stated the existing hardship is that their home is located in a residential area that was then zoned commercial so any work they wish to do to their home is non-conforming. Robert Phoenix asked if it was a 2  three-season or four-season sunroom to which Mr. Glynn answered that is three- season. Marc Benjamin asked if the neighboring properties are also residential and the homeowners stated that they are. Robert Phoenix made a motion to close the public hearing. Dorothy Travers second. The motion passed unanimously. 4. V# 19-12 177 Otrobando Ave. Request for a variance of Sec. 2.1, Commercial Bulk Requirements to reduce the front yard setback from 30ft. to 17 ft.. Also seeks variance to reduce the side yard setback from 25 ft. to 14 ft. ; Application of JTMG Company, LLC, Owner; JTMG Company, LLC Assessors Map #66, Block 1, Lot(s) #10. Richard Shuck read into record Exhibits A – J. Greg Glaude of Killingly Engineering Associates, LLC, 114 Westcott Road, Danielson, introduced himself on behalf of the applicant, Norwichtown Veterinary Hospital, located at the corners of Otrobando Avenue and Wawecus Street. Mr. Glaude stated Dr. Jeffrey Satterfield has been steadily growing his business since purchasing the property in 2016 so he is looking to an addition to the property. Greg Glaude demonstrated on the site plan where they wish to add additions on both sides of the existing building while matching the current non-conforming frontage. Mr. Glaude added there is a foundation on the left side which was never building upon where they plan to add exam rooms and additional parking on both sides. Mr. Glaude stated the hardship is the existing wetlands in the rear of the building, steep drops and the existing floods plane compromise where development can take place as well as there being an existing non-conforming building along the front yard setback. Mr. Glaude added the property’s septic system is also along the rear slope which cannot be relocated any closer to the wetland are and that most of the homes on the street have similar property lines where they sit up against the setback. Marc Benjamin asked if the addition to the left of the existing building will be built on with no further expansion which Greg Glaude said was correct. Marc Benjamin also asked if the proposed side yard setback from 25 ft. to 14 ft. would be along the east side and what is their currently. Mr. Glaude confirmed that is there the 20 ft. by 32 ft. addition would be located and currently there is a lawn with a service area for the gas line. Gregory Schlough noted that the suggested parking area is located within the flood zone. Greg Glaude stated that was correct but there is only a .02% of flooding each year or less and they are planning to compensate for that with the proposed retention system. Paula Burglund of 136 Baltic Road stated she was not for or against the project but wished to speak on behalf of her mother, who has owned the abutting vacant lot to the right for 40-50 years, to ensure that her property will not be overshadowed or infringed upon. William Pryzgoda of 188 Otrobando Avenue stated his concerns regarding parking and if it would be increased as currently it is an issue. Discussion ensued between Board and Mr. Pryzgoda explaining how proposed plan would increase the parking area with two access points. 3  Greg Glaude reiterated the design proposed full parking to hopefully also alleviate issues of customers backing out into the road. Mr. Glaude responded to the first concern stating both proporteries are commercial so he does not believe development would affect the value of the adjoining lots. Robert Phoenix made a motion to close the public hearing. David Martin seconded. The motion passed unanimously. E. DISCUSSION AND POSSIBLE DECISIONS: 1. V# 19-09: 120 Broadway. Request a variance of ZR Sec. 6.5.5 to allow the square footage of residential uses in a mixed use building to exceed the square footage of commercial uses, by converting 1,436 sf. of commercial square footage on the second floor to a residential use. Property of Unicorn Investments, LLC. Application of Mark L. Dickinson, Assessor’s Map #102, Block #2, Lot #11&17 Robert Phoenix made a motion to APPROVE the variance as there is a hardship of renting the second floor space due to the character of the building so it would be easier for the owner to rent the second floor space for residential opposed to commercial. Gregory Schlough seconded. David Martin agreed that the hardship is that there is not a demand for second floor commercial property. Robert Phoenix, Gregory Schlough, David Martin, Dorothy Travers and Peter Cuprak in favor. Marc Benjamin recused. The motion passed unanimously. 2. V# 19-10 114 Yantic Road. Request for a variance of ZR. Sec. 1.1 Residential Bulk Requirements to reduce rear yard setback from 30 ft. to 1 ft. also request variance of Sec.1.1 to increase the maximum lot coverage from 20% to 29% where 23% exists. Application of Paul Bernier, Owner(s); Paul Bernier and Richard White Jr.; Assessors Map #49, Block 1, Lot(s) #54, R-20 Zone The variance was continued until the next regular meeting. 3. V# 19-11 14 Banas Ct. Request for a variance of Sec. 4.8, Nonconforming Building and Uses to expand a nonconforming use by constructing an attached 10 ft. x 14 ft. sunroom on the nonconforming residential home in the General Commercial Zoning district. Application of Christopher Glynn, Owner; Christopher and Christine Glynn Assessors Map #116, Block 2, Lot(s) #16. Robert Phoenix made a motion to APPROVE the variance as the current owners face the hardship of owning a home located in a residential neighborhood that was later zoned commercial so any home in the area is non-conforming. Peter Cuprak seconded. David Martin stated that to deny the variance would be an unfair limitation of their property. Robert Phoenix added that the proposed sunroom is not excessive. Robert 4  Phoenix, Gregory Schlough, David Martin, Dorothy Travers and Peter Cuprak in favor. Marc Benjamin recused. The motion passed unanimously. 4. V# 19-12 177 Otrobando Ave. Request for a variance of Sec. 2.1, Commercial Bulk Requirements to reduce the front yard setback from 30ft. to 17 ft.. Also seeks variance to reduce the side yard setback from 25 ft. to 14 ft. ; Application of JTMG Company, LLC, Owner; JTMG Company, LLC Assessors Map #66, Block 1, Lot(s) #10. Robert Phoenix made a motion to APPROVE the variance as the property faces a hardship of where expansion of the commercial business can occur due the restrains caused by the wetlands, grading, and other physical features. Gregory Schlough seconded. Robert Phoenix stated he did not feel approving the variance would detract from the complexion of the neighborhood. Gregory Schlough agreed and noted that the plan will need to go through other committees which will ensure that the project is completed will and all issues are addressed. David Martin stated the existing property is already non-confirming and the proposed addition will not be any closer to the road than the existing structure and agreed that the rear wetlands prevent expansion. Dorothy Travers stated she feels parking will be improved with the proposed plan. Robert Phoenix, Gregory Schlough, David Martin, Dorothy Travers and Peter Cuprak in favor. Marc Benjamin recused. The motion passed unanimously. F. OTHER MATTERS: 1. Discussion on format of materials: Discussion ensued. Robert Phoenix made a motion to continue distribution of meeting materials per the status quo. Gregory Schlough seconded. The motion passed unanimously. 2. 2020 Meeting Schedule: Gregory Schlough made a motion to approve the proposed 2020 Meeting Schedule. Robert Phoenix seconded. The motion passed unanimously. 3. Discussion Appeal A-19-01; 145 – 147 Franklin Street: Richard Shuck let the board know that the prior decision was being appealed by the applicant at the Supreme Court Level. G. ADJOURNMENT: A motion was made by Dorothy Travers to adjourn at 8:18 PM. Gregory Schlough seconded. The motion carried unanimously. Respectfully submitted, Katherine Rose Recording Secretary 5