BOARD OF APPEALS MINUTES
SPECIAL MEETING
Monday, July 14, 2008
7:00 p.m.
Present: Chairman, Lisa Beauvais, Vice-Chairman Greg Neffinger, Secretary Christine Kumiega-Provost,
and Alternate Chet Zymroz
Absent: Alternate Jim Bodurtha
The Chairman called the meeting to order at 7:00 p.m.
1. Acceptance of Minutes
Ms. Beauvais moved to accept the minutes of April 28, 2008, as amended; Mr. Neffinger second. 3 in favor; Mr. Zymroz abstaining.
Ms. Kumiega moved to accept the minutes of May 27, 2008, as presented; Mr. Neffinger second. 2 in favor; Ms. Beauvais and Mr. Zymroz abstaining.
Ms. Beauvais moved to table the minutes of June 17 and June 23, 2008 to the next meeting of the Board; Mr. Neffinger second. UAV.
2. Public Hearings
7:00 p.m. (7:03 p.m.) Gordon Colby (Variance) – application to amend an existing variance on the property known as 140 Baldwin Street in a Business B-1 (BB-1) zoning to allow for two additions to the existing warehouse. Continued from 6/23/08.
Mr. Gordon Colby, owner of the Baldwin Street property, came before the Board.
Mr. Werbiskis said the applicant has revised plans as requested from the April meeting. They have been reviewed by all departments and meet all zoning requirements. They have the preliminary approval of the DPW for the removal of a number of shade trees to facilitate the installation of a curb cut per the plans. A hearing will be held on that matter by the DPW, but they do not foresee any reasons why the trees cannot be removed. The applicant will be replacing the old trees with new trees as well as berming and reconstruction of the sidewalk along the street. Storm water management has been approved by DPW and the plan conforms to all other zoning requirements. Mr. Neffinger asked if the setbacks and lot coverage was all set. Mr. Werbiskis said yes, it
conforms to all zoning requirements.
Mr. Neffinger asked what the variance was for and Mr. Werbiskis said there is no new variance being requested, the existing building is subject to a variance from front yard and rear yard setbacks and that is why the applicant is before the Board because it is a modification of an existing variance. The additions themselves conform to all current zoning requirements. Mr. Neffinger asked if there were any new non-conformities? Mr. Werbiskis said there are no new non-conformities or new variances that are being requested.
Mr. Neffinger said he has reviewed the plans and all the questions from the last meeting have been addressed. He had no further comments.
Ms. Beauvais moved to close the public hearing; Mr. Neffinger second. UAV.
The Board discussed the application and Mr. Werbiskis noted this is one of the few plans that is fully compliant and conforms to zoning. Mr. Werbiskis suggested the Board could approve this as an amendment to an existing variance and all findings and conditions remain as noted in the original variance.
Ms. Kumiega moved to reopen the public hearing; Mr. Neffinger second. UAV.
Ms. Beauvais asked for comments from the audience.
Mr. Neffinger moved to close the public hearing; Ms. Kumiega second. UAV.
Ms. Beauvais moved to approve the application for the variance amendment that was originally granted in 1977, as this Board specifically finds there are no new conditions that need to be met and that everything, according to the plan, has been brought into conformity. By allowing this variance the Board is allowing the additions to be placed on the building as it sits on the property and there are no new setback requirements; Mr. Neffinger second. UAV.
7:05 p.m. (7:05 p.m.) Angelo Mazza (Special Permit) – Special permit from Section 4.21 of the Zoning Ordinance to allow for the alteration of a non-conforming structure at the property located at 327 Dewey Street in the Residence A-1 (RA-1)/Residence A-2 (RA-2) zoning districts.
Mr. Angelo Mazza of 327 Dewey Street, came forward said he would like to put an addition in the rear of his home which would be in violation of the rear yard setback requirement near the Great Plains paper street. Mr. Mazza presented letters from his neighbors in support of the project. The addition would be in conformity with the homes in the neighborhood.
Ms. Beauvais said the addition would consists of a family room with a full basement that is 21 x 16 feet, and a 24 x 24 two-car garage. Mr. Mazza said that was correct and added the plans were drawn by D.L. Bean with the setbacks noted on the plan.
Mr. Werbiskis said the structure is currently pre-existing, non-conforming. Mr. Neffinger asked what was non-conforming and Mr. Werbiskis said the rear yard setback is currently non-conforming.
Ms. Beauvais asked if the addition would extend onto Great Plains Road? Mr. Mazza said it would be 7 feet in from the Great Plains paper street. Mr. Werbiskis said what Ms. Beauvais is referring to is the fence currently extends out into Great Plains Road. Mr. Mazza said the fence has been removed. Ms. Beauvais clarified that the proposed addition would be 5 feet from the rear yard setback and that is his only reason for coming before the Board, everything else is in conformity? Mr. Mazza said that was correct, everything would be built within the laws and building codes.
Ms. Beauvais asked Mr. Werbiskis if Great Plains Road was a paper street or a public way? Mr. Werbiskis said Great Plains Road is a paper street and the only comment received on the project was from the Mayor’s Office noting that Great Plains Road is a paper street with no guarantee that it would not be developed in the future. The amount of land that could be serviced in that area would be for one house lot along with the extension for the YMCA property, which is currently serviced via other side streets and Great Plains Road. A letter was received from one of the abutters at 326 Dewey Street and she was in support of the project.
Ms. Beauvais asked for comments from the Board. Mr. Neffinger asked what the current rear-yard setback requirement was? Mr. Werbiskis said the property is split zoned with the house residing in RA-1 so the rear yard setback would be 30 feet and front yard 40 feet or the setback of the adjacent houses and all of the adjacent houses are equidistant. He has a 31-foot front yard setback.
Mr. Neffinger asked if he could slide the garage forward closer to Dewey Street then it could reduce the setback. Mr. Mazza explained it was to get a 24 x 24 foot garage and it may be harder to move it forward and he would have to get a special permit for the front yard setback, but he did consider that option.
Mr. Neffinger noted the width of the paper street looks wider than the width of Dewey Street according to the GIS. Mr. Werbiskis said he has not scaled it off, so he could not definitively state that. Mr. Neffinger said it seems for whatever future traffic Great Plains may have, it seems like a pretty wide right of way there.
Ms. Beauvais asked for comments from the audience.
Ms. Beauvais moved to close the public hearing; Mr. Neffinger second. UAV.
Mr. Neffinger said this is pre-existing, non-conforming, but he is increasing the non-conformity, which is a little troublesome. The Board discussed the application.
Ms. Beauvais moved to approve the special permit and the Board finds the addition would not be more detrimental than as the house stands on the property now and it currently complies with other bylaws, it is in conformity with the homes in the rest of the neighborhood, and does not present an hazard to abutters; Mr. Neffinger second. UAV.
Ms. Kumiega left the hearing at 7:19 p.m., Mr. Zymroz joined the hearing at that time.
7:10 p.m. (7:20 p.m.) – R.M.E Enterprises (Special Permit) – Special permit from Section 3.21 of the Zoning Ordinance to allow for the alteration of a non-conforming restaurant use at the property located at 1422 Elm Street in the Business A (BA) zoning district.
Ms. Beauvais stated, for the record, at the last meeting of the Board this applicant came forward for a variance and the Board received a lot of information at that hearing, so that information will not need to be presented again this evening. If there is new information for the Board, please bring that forward.
Attorney Powers said this application is for a special permit to alter or change a pre-existing, non-conforming use under Section 4.21 of the Zoning Ordinance. Attorney Powers distributed documents to the Board showing the existing building on the site. Attorney Powers explained there are 51 parking spaces that are available on site and 10 half spaces between this property and the adjacent property. Additionally, there were 10 leased spaces. The renovations that occurred with the last building permit in 1989 occurred prior to the parking requirement amendment to the bylaws. The applicant will renovate the building and reduce the size by 1/3 as shown on the updated plans submitted, which shows a small building and 51 proposed parking spaces. Attorney Powers
explained that 51 parking spaces are required for the 124 seats, but there are also 5 spaces required for the employees. This applicant’s employees are a little different than most as they are typically dropped off, take the bus or ride their bicycles. The applicant has made arrangements with the owner of Geraldine’s to allow his employees to park in their lot. A letter to this arrangement has been received from the owner, Josh Morse to Mr. Evans.
Attorney Powers explained how the proposed plans and use would be a benefit to the area and how it meets the criteria for granting a special permit.
Ms. Beauvais recapped the original restaurant was non-conforming due to a 8 foot 3 inch set-back on one side yard and 13 foot 7 inches on the other side. The building will be reduced in size by 1/3, 51 parking spaces are required and are shown on the plan. An additional 5 spaces are needed for employees and Mr. Evans has entered into an agreement with the owner of Geraldine’s for those employees to park over there and that satisfies the parking requirement.
Mr. Neffinger said it is nice to see that they have reduced the number of seats to parking ratio. Reducing the size of the building is totally voluntary on the applicant’s part, and reducing the non-conformity.
Mr. Zymroz noted a letter was received from the Health Director, Jeanne Galloway, in regards to the dumpster. It looks like it is set up in the sidewalk area. Mr. Evans said at the moment it is at the rear of the site off of a sidewalk area and it would be gated off with screened fencing. Mr. Zymroz said the reason he questioned the location is because in the letter it stated that the dumpster may be taking up two parking spaces, but now seeing the plans submitted, it did not look like that would happen.
Ms. Beauvais asked for comments from the audience.
Attorney Paul Malek, representing the Abdow Corporation, said there has never been a safety issue at the site before and now reducing the size of the site and providing ample parking would be an asset to the town to have this business at this location. Also, there is no longer a Bickford’s on Riverdale so this use would be ideal at this site. One of the best things for the Board and the Town would be to see a dormant property come alive.
Attorney Deborah Bloom, representing Sam Salem Trust, owners of the property. Attorney Bloom said she wanted to state on behalf of her client that they are in full support of the petition for special permit. The use will enhance the property and this site has been used as a restaurant for about 48 years.
David Katz, Chairman of the Commission on Disabilities, said at the present time where the IHOP is located is not an ideal situation for people with disabilities because the restrooms are not accessible. It is also hard for them to get into the restaurant. The new site would accommodate people with disabilities better. Personally, he is in favor of the project.
Ms. Beauvais moved to close the public hearing; Mr. Neffinger second. UAV.
Mr. Neffinger said it is a big improvement on the existing building.
Ms. Beauvais moved to approve the special permit to allow for the IHOP to relocate to the Ivanhoe location. The Board finds that the project has been brought more into conformity than the existing building and this use would not be more detrimental and in fact, it is a benefit to the current location and is in harmony with the neighborhood and the type of businesses located in that area. The parking requirements, for the most part have been complied with, they are still 4 spaces shy, but it is an improvement. This use does not present any significant hazards as proposed; Mr. Neffinger second. UAV.
3. New/Old Business
4. Date of Next Meeting
The next regular meeting of the Board will be held on Monday, August 25, 2008, at 7:00 p.m. Mr. Werbiskis noted that he would not be in attendance at that meeting due to a vacation scheduled. The Board will have all of the necessary information before the meeting.
5. Adjournment
Ms. Beauvais moved to adjourn the meeting at 7:40 p.m.; Mr. Neffinger second. The vote was unanimous.
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Christine Kumiega Provost
Secretary, Board of Appeals
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