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| ZONING COMMISSION MINUTES |
WEDNESDAY, DECEMBER 18, 2002
I. CALL TO ORDER
The Zoning Commission meeting was called to order at 7:35 p.m. by the chair.
II. ROLL CALL
Mr. Greene made the roll call.
ATTENDANCE: Ernest DesRochers, Chairman; Joseph Santo; Andrea Light; James White; Leroy Williams; Marge Owens; Galen Wright Wells.
STAFF: Michael Greene, Director, Planning & Zoning; Michael Wrinn, Assistant Director, Planning & Zoning.
III. PUBLIC HEARINGS
Mr. DesRochers went over the rules of a public hearing. He made it clear that each applicant was to make their presentation, then open to the public for comments. When that was completed, the applicant would have a chance to rebut any questions raised by the public.
A) #10-02 - Norden Place LLC - Proposed amendments to allow offices, colleges & universities to occupy 30% of existing buildings in restricted industrial zones.
Mr. Zullo requested that he be able to address applications #10-02 and #7-02SPR (item B) together. Mr. DesRochers responded affirmatively.
Mr. Zullo, an attorney representing the interest of Gibbs College, and the property owner, Spinnaker, gave some background on the property. He stated that Spinnaker had taken possession of the land as part of a rejuvenation project to show what Norwalk had to offer as far as commercial property space. He said that in 1991 the building had received the designation as an industrial park and was granted permission for commercial use up to 30% of the building. Gibbs College has requested the use of the commercial use portion of the building for classes. However, they would require between 40,000 square feet to 60,000 square feet with the option to expand to 80,000 square in the future. He then addressed the issue of traffic and stated that a traffic study had been done. The study showed that the impact on traffic would be minimal and would remain at level C, which meant a 25 second wait at the intersection. Mr. Zullo also added that the average student at Gibbs College was 35 years old, married with children and worked fulltime. As such, there should not be any concern about loitering and partying since the school has never had that issue in the past in its current location.
Ms. West, the president of Gibbs College, spoke next. She stated that the College had been in Norwalk for over 20 years and would like to remain in Norwalk. However, they were rapidly running out of space at the current location. She continued to state that many of the students were residents of Norwalk who felt that the location of the school added to the community and its citizens. Mr. Santo inquired about the planned use of the current building. Ms. West said that the building would either be leased out or they would renew the lease if they had no other location. Mr. Zullo continued to argue that a business college would fit appropriately in an industrial park, in terms of training and job opportunities. Landscaping would be maintained as well as the utilities. He then corrected an earlier statement about the industrial park designation being granted in 1991 to be changed to 2001. Mr. Davis, a traffic consultant, referred to a sketch of Norden Place, and stated among other things, that a 150ft buffer on both sides of the road pavement should be installed and enforced by "No Parking " signs. He also said impact to traffic would be very little.
Mr. Leilly, president of Woodfield Commons Association, said that he was generally in favor of the school moving into the industrial park. His only concern was the traffic and parking issue. He said that currently there was not sufficient parking for the residents. He pointed out that due to the lack of space to expand parking on the premises, he was concerned that street parking would be taken away, which would create a bigger problem for residents with more than one vehicle. He also mentioned that a traffic light would be a good safety precaution at the intersection as well as turning lanes for the residents of buildings A and B. He said he was strongly in favor of public transportation being the primary mode of transport for the students if they move to Norden Place. Also, he said he had no problem with a bike path. Mr. Santo said that the Board was concerned about the commercial vehicles parked on the side of the road. Mr. Leilly stated that he believed the commercial vehicles belonged to the landscaping company down the road
Ms. Lindstrom, a resident of Raymond Terrace, expressed her concern about the increased traffic problems the school would cause. She also stated that the late night classes and weekend classes would have a negative impact on the surrounding neighborhood with regard to noise, traffic, parking and loitering. She pointed out that the Commission needed to make sure that nothing was going to occur that had not been said. For example, the space they requested would actually be sufficient and that another request for expansion would not be sooner than later. She continued to say that the only positive side to the traffic issue was the use of buses, which she strongly recommended. Mr. DesRochers said he was under the impression that the school would definitely be utilizing bus service and that the only reason they were back was to ask for more space. Ms. Lindstrom then indicated that the school appeared to not have a handle on what they wanted. She also said that she was strongly against the bike path and strongly in favor of the traffic light.
Ms. Curry, a resident of Westport, expressed her concern about the impact the traffic issue would have on the Town of Westport. She stated that the location in proximity to the railroad created a concern about unnecessary exits popping up, which would definitely impact the Town of Westport. She also wanted to know why wasn't the Town of Westport included in the discussions. Mr. DesRochers responded by stating that the Police Commissioner and other City officials of Westport had been notified and have responded accordingly.
Mr. Saviano, a resident of Woodfield Commons, said he was not in favor of the school moving to Norden Place. He expressed concern with the parking issue and inquired if the proposed "No Parking" signs would prevent residents from parking. Mr. Greene responded that the signs would be placed at the entrance for everyone to adhere to. Mr. Saviano also stated that he was concerned with the health effects of the toxic fumes from the cars. Also, he said that he had visited the college recently and found students hanging out and that was a concern especially in a residential area. Mr. DesRochers said that it was up to the school to provide alternative places for the students to hang out.
Mr. Woodstrap, a resident of Woodfield Commons, expressed his opinion about the proposed zoning change. He commented that the trees that would need to be cut down would increase the noise level. He was also concerned with the impact the number of students would have on traffic. Safety of the children and quality of life were also two additional concerns he touched on.
Councilman Bondi was also present and shared his views on the move. He stated that he was in favor of Gibbs College remaining in Norwalk and felt that the zoning change should be granted to have them remain. He proposed that the installation of a traffic light would be a plus and that turning lanes would also be a great help to the residents. He then suggested that the industrial park make some arrangements with the Norden Place residents to share the parking lot after work hours to alleviate the parking concern. In addition he added that for the future, if and when the condominium complex decides to build additional units, to please make sure that more than one parking spot per unit was allotted.
Mr. Misanti, president of the Chamber of Commerce, was strongly in favor of Gibbs College remaining in Norwalk and requested that the zoning change be granted. He pointed out that Spinnaker, Greenfield and Summit have always done the right things with their projects for the city of Norwalk. He stated that the school needed to remain to meet the changing climate of the economy and the country. The traffic issue, he continued, would not be any different according to the traffic report. He closed by stating that Gibbs and NCC do a lot for the city of Norwalk and should remain.
Mr. DesRochers then requested that Ms. Light read the referrals. Ms. Light read the referrals for the record.
Mr. Zullo then gave his rebuttal. He stated that the site had been an industrial park since 1951 and pointed out that the building was already in place. The only change would be that the empty space that had been there for some time since Spinnaker invested millions, would now be occupied by paying tenants. He continued to say that it is very feasible that a parking share situation could be worked out during off-peak hours and that a traffic light could be installed owners expense. He did point out however, that there was nothing that could be done about fumes since they would and do occur anyway. In terms of trees being removed, he stated that the no trees would ever be cut down without permission from the city. He then stated that the town of Westport should not be concerned as the building is no where near them and already existed without any impact to them at all. He expressed agreement with Mr. Misanti that the economy and the job market has changed and that Gibbs provides a great service to the community. He then stated that by using a building that was already in existence for educational purposes could only serve to benefit everyone.
Mr. DesRochers then closed the public hearing at 9:20 p.m.
b) #7-02spr - norden place llc 10 norden place -± 80,000 sq. ft. college to occupy existing building at norden park
This application was addressed simultaneously by Mr. Zullo with application #10-02R (item A).
c) #9-02r - wirth-salander studios - proposed amendments regarding tile wall murals in reeding-putnam design district
Ms. Lavaso, an attorney, representing Wirth Salander handed out a booklet with 6 tabs. She stated that the street where the mural would be located was directly across from the Norwalk Musuem and would be a nice addition to the area. The mural, she continued, would be located over a bricked up section of the building and would depict a historical image of the Dehacomo Hotel. The tile, she added, was durable, would not fade and would be easy to clean. Also, spray paint will not stick to it and therefore profanities, which were normally spray painted, would not adhere. She then said that the purpose of the application was to have the zoning regulation amended to allow for paint to adhere to a tile to adhere to a wall. She made it clear that the depiction would not be obscene or vulgar, but rather historical and aesthetically pleasing. Also, certain language was added to the amendment, to prohibit logos. The number of sponsors would be 5, in letters no larger than 2 inches high. The cost was the primary reason to have the sponsor names on the mural at all. She then added that the Planning Commission had denied permission.
Mr. DesRochers then requested Ms. Light read the referrals. Ms. Light read the referrals for the record.
d) #1 -02spr/#2-02cam - wirth-salander studios - 55 north main st./1 marshall street- modification to approved plans to add 150 square foot tile wall mural
This application was addressed simultaneously with application #9-02R (item C).
e) #30-02 cam/#8-02spr - World's gym - 84 wall street - coversion of retail space to health club
Mr. Walters a representative of World's Gym said that the conversion would provide much needed redevelopment in the area. The exterior of the building, he added, would not be changed, only the interior. Residents currently occupy a portion of the building so it would be a mixed use. He submitted for the record, a noise report that was prepared by Jaffe Acoustics. The report determined that the level of noise from the gym would not be bothersome and that no noise complaints would be submitted. He stated that the landscaping, utilities and illumination would not change, as the changes would all be internal. He continued to say that after meeting with residents of the building the only questions that were asked dealt with how soon would the gym open and if any discounts would be granted to the residents.
Mr. DesRochers allowed the public to comment. Ms. Dewitt, a resident of Holiday Drive, stated that she had a notice of judgment against World's Gym that had been located on Westport Ave and strongly indicated that she would like some recourse in regard to getting money back from their abrupt shut-down. Mr. Santo strongly stated that her issue had nothing to do with zoning and this was not the forum for her grievance. Mr. Walters commented that the applicant was a franchisee of World's Gym and had nothing to do with the previous Westport Avenue.
IV. report of plan review committee,
joseph santo, chairman
a) #30-02 CAM/#8-02 SPR - M. martina (world Gym) 84 Wall street - conversion to fitness center
** mr. santo made a motion to APPROVE APPLICATION #30- 02CAm/#8-02spr - world's gym - 84 wall street - conversion of retail space to A health club with the FOLLOWING CONDITIONS:
1. THAT ANY GRAFFITI ON THE SITE BE REMOVED IMMEDIATELY; AND
2. THAT THE FLOOR LAYOUT BE INSTALLED AS PROPOSED AND ANY CHANGE IN THE APPROVED FLOOR PLAN RECEIVE APPROVAL OF THE COMMISSION, SO AS TO INSURE COMPLIANCE WITH THE SUBMITTED SOUND REPORT; AND
3. THAT ALL REQUIRED SIGN-OFFS FROM REQUIRED CITY AGENCIES BE SUBMITTED; AND
be it further resolved that the parking is approved in accordance with section 118-1220 (l) (1), which allows the additional increase of 77 spaces to be met in municipal parking lots; and
be it further resolved that the proposal complies with applicable coastal resource and use policies; and
be it further resolved that the effective date of this approval shall be december 27, 2002.
** mr. white seconded the motion.
** motion carried unanimously.
b) #2 - 01sp - High meadows at getner farm - 8 unit conservation development - request for release of surety - report & recommendation
** MR. SANTO made a motion TO APPROVE APPLICATION #2-01sp - HIGH MEADOWS AT GETNER FARMS - FOR RELEASE OF SURETY to:
be it resolved that the surety held on special permit application #2-01sp, high meadows at getner farm, 451 flax hill road, 8 unit conservation development be released as the required improvements have be properly installed and certified by a connecticut licensed engineer.
be it further resolved that a 15% maintenance surety be held for one year to guarantee satisfactory performance of the required improvements.
be it further resolved that the effective date of this approval shall be December 27, 2002.
** MR. WHITE SECONDED.
** MOTION CARRIED UNANIMOUSLY.
c) #8 -95sp - cedar west (twin ledge estates) - 150 north taylor ave - request for release of maintenance surety - report & recommendation
** MR. SANTO MADE A MOTION TO APPROVE APPLICATION #8-95SP - CEDAR WEST (TWIN LEDGE eSTATES) - 150 NORTH TAYLOR AVENUE - for release of maintenance surety TO:
BE IT RESOLVED THAT THE MAINTENANCE SURETY HELD ON #8- 95SP, TWIN LEDGE ESTATES (CEDAR WEST INC.) - 150 NORTH TAYLOR AVENUE/TWIN LEDGE ROAD, 10 UNIT CONSERVATION DEVELOPMENT, BE RELEASED AS THE REQUIRED IMPROVEMENTS HAVE BEEN INSTALLED AND HAVE BEEN CERTIFIED BY A CONNECTICUT LICENSED ENGINEER AND HAVE PERFORMED SATISFACTORILY FOR MORE THAN ONE YEAR.
bE IT FURTHER RESOLVED THAT THE EFFECTIVE DATE Of THIS ACTION SHALL BE DECEMBER 27, 2002.
** mr. white seconded THE MOTION.
** motion carried with 6 in favor and 1 oppossed (mr. santo).
d) #11-01sp - aitoro's appliance - 401 westport ave -retail addition - request for extension OF APPROVAL time - report & recommendation
** Mr. santo moved to approve application #11-01sp -aitoro's appliance - 401 westport avenue - retail addition - extension of approval time TO:
BE IT RESOLVED THAT THE APPLICATION #12-99sp, BE GRANTED A SIX MONTH EXTENSION OF THE APPROVAL TIME; AND
BE IT FURTHER RESOLVED THAT THE NEW APPROVAL DEADLINE SHALL BE JUNE 21, 2003.
** mr. white seconded the motion.
** motion carried unanimously.
e) cl&p - longshore drive - addition of circuit switchers; 138 kv bus; disconnect switches, ETC. at existing facility - report & recommendation
** mr. santo moved to approve request from CL&P - longshore drive - addition of circuit switchers; 138 kv bus; disconnect switches, etc. at existing facility TO:
BE IT RESOLVED THAT THE PROPOSED EXPANSION AT THE NORWALK HARBOR SUBSTATION, OFF LONGSHORE DRIVE IN CONNECTION WITH THE REPlACEMENT OF THR 138kV NORWALK- NORTHPORT SUBMARINE CABLE BE APPROVED; AND
BE IT FURTHER RESOLVED THAT THE COMMISSION RECOMMENDS THAT THE EXISTING LARGE TREES ON THE NORTH SIDE OF THE SUBSTATION BE PRESERVED.
** mr. white seconded the motion.
** motion carried unanimously.
f) #36-02cam-guibbory - 65 bluff ave - demolish existing single family residence and construct new single family residence - report & recommendation
** mr. santo moved to approve application #36-02cam - guibbory - 65 bluff ave - to demolish existing family residence and construct new single family residence TO:
BE IT RESOLVED THAT COASTAL AREA MANAGEMENT APPLICATION #36-02CAM, GUIBBORY, 65 BLUFF AVENUE, DEMOLISH EXISTING FAMILY RESIDENCE AND CONSTRUCT NEW 2 1/2 STORY SINGLE FAMILY RESIDENCE, AS SHOWN ON A SET OF PLANS ENTITLED, "CALLANEN RESIDENCE , BLUFF AVENUE, NORWALK, CONNECTICUT", SHEETS 1 THROUGH 6, SCALE AS NOTED, DATE OCTOBER 23, 2002, WITH LAST REVISION MADE NOVEMBER 14, 2002, BY ROBERT V. FISH & ASSOCIATES, 765 FARMINGTON AVENUE, FARMINGTON, CT 06032, AND SURVEY ENTITLED, "MAP OF PROPERTY PREPARED FOR 'CALLANEN' RESIDENCE, NORWALK, CT, SCALE 1"=10', DATED NOVEMBER 26, 2002 WITH REVISION MADE December 6, 2002, BY ARCAMONE LAND SURVEYORS, BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT ALL SOIL AND EROSION CONTROLS BE IN PALCE PRIOR TO ANY CONSTRUCTION ACTIVITY OR SITE WORK; AND
2. THAT ANY ADDITIONAL SOIL AND SEDIMENTATION CONTROLS, DEEMED NECESSARY BY STAff, BE INSTALLED AT THE DIRECTION OF STAFF.
BE IT FURTHER RESOLVED THAT THE PROPOSAL COMPLIES with the APPLICABLE SECTIONS OF THE BUILDING ZONE REGULATIONS OF THE CITY OF NORWALK, CT.
BE IT FURTHER RESOLVED THAT THE EFFECTIVE DATE OF THE APPROVAL SHALL BE DECEMBER 27, 2002.
** mr. white seconded the motion.
** motion carried unanimously.
v. report of zoning committee,
leroy williams, chairman
action on items III a, b, c, and d.
a.
** MR. WILLIAMS MOVED TO APPROVE APPLICATION # 10-02r - NORDEN PLACE LLC - PROPOSED AMENDMENTS TO ALLOW OFFICES, COLLEGES AND UNIVERSITIES TO OCCUPY UP TO 30% OF EXISTING BUILDING IN RESTRICTED INDUSTRIAL ZONES to:
be it resolved that the proposed amendment to the building zone regulations as shown on a certain document entitled "10-02R-Norden place, llc - proposed amendments to section 118-711 to allow offices, colleges and universities to occupy up to 30% of existing buildings in restricted industrial zones" and dated revised to october 25, 2002, be approved.
be it further resolved that the reason for this action is:
1. to implement the 1990 plan of development goal " to encourage office development, within the capacity of infrastructure systems, to expand employment opportunities" (p.31); and
2. to implement the 1990 plan of development goal to "support…quality academic, technical and vocational training in norealk, with emphasis on satisfying local labor needs and employment opportunities." (p.47); and
be it further resolved that the effective date of this action be december 27, 2002.
be it resolved that the proposed amendment to the building zone regulations as shown on certain document entitled "10-02R - norden place, llc - proposed amendments to section 118-711 to allow offices, colleges and universities to occupy up to 30% of existing buildings in restricted industrial zones" and dated revised october 25, 2002, be denied.
be it further resolved that the reason for this action is:
1. to implement the 1990 plan of development goal "to allow new development that does not exceed the capacity of infrastructure systems (i.e roads, sewers, water, etc.); REQUIRE new development to expand the infrastructure capacity where needed; limit new development where this cannot be done." (p.17; and
be it further resolved that the effective date of this action be december 27, 2002.
** MR. WHITE SECONDED THE MOTION.
** MOTION CARRIED UNANIMOUSLY.
b.
** mr. williams moved to approve Application #7-02spr - norden place llc - ± 80,000 sq. ft. college to occupy existing building at norden park to:
be it resolved that the proposed site plan fir #7-02SPR - norden place, llc - 80,000 square feet college facility use on portions of the first and second floors of an existing building as shown on a various plans by perkins and eastman architects, p.c. and dated october 2, 2002, be approved, subject to the following conditions:
1. that the traffic improvements in drawings entitled proposed intersection improvement" and "proposed Striping plan" for norden/gibbs college" as prepared by tighe & bond be installed; and
2. that any combination of office and college uses that exceed the totals shown in columns a, b and c of the attached chart would require that a traffic light be installed at the intersection of strawberry hill avenue and norden place prior to the issuance of a certificate of zoning compliance for the next office or college use; and
3. that all required sign-offs from city agencies be submitted; and
be it further resolved that the application complies with the norwalk building zone regulations, including sections 118-711 restricted industrial zone, as amended, and 118-1451, site plan review.
be it futher resolved that the effective date if this section be december 27, 2002.
** mr. white seconded the motion.
** motion carried unanimously.
c.
** mr. williams made a motion to approve application #9- 02R - wirth salander studios - proposed amendments regarding tile wall murals in reed-putnam design district to:
be it resolved that the proposed amendment to the building zone regualtions as shown on a certain document entitled "#9-02R - Wirth salander studios - proposed amendments to article 121 regarding tile wall murals in reed-putnam design district" and dated revised to november 14, 202, be approved.
be it further resolved that the reason for this action is:
1. to implement the plan of development goal to "review and improve sign regulations" (p.55); and
be it further resolved that the commission recommends that the amendment be modified to allow up to five sponsors on one plaque, rather than in five separate locations.*
be it further resolved that the effective date of this action be december 27, 2002
be it further resolved that the proposed amendment to the building zone regualtions as shown on a certain document entitled "#9-02R - wirth-salander studios - proposed amendments to article 1221 regarding tile wall murals inr eed-putnam design district" and dated revised to november 14, 2002, be denied.
be it further resolved that the reason for this action is:
1. to implement the plan of development goal to "improve the appearance of norwalk and the image of the city by emphasizing quality design of all public and private facilities." (p.16); and
be it further resolved that the effective date of this action be december 27, 2002.
*modification suggested by planning commission:
** mr. white seconded the motion.
** motion carried unanimously.
d.
** mr. williams made a motion to approve application #1- 02spr/#2-02cam - wirth salander studios - 55 north main st/1 marshall st - modification to approved plans to add 150 square foot tile wall mural to:
be it resolved that the modification to plan for #1- 02spr/#2-02cam - sono court, llc - 150 square foot tile wall mural as shown on a various plans by wirth- salander studios and dated october 2,2 002, be approved, subject to the following conditions, in addition to the original conditions of approval:
1. that any changes to the design or location of the proposed tile wall mural be submitted to the zoning commission for review and approval; and
be it further resolved that the application complies with the norwalk building zone regualtions, including sections 118-502 reed-putnam design district and article 121 sign regulations, as amended.
be it further resolved that the effective date of this action be december 27, 2002.
** mr. white seconded the motion.
** motion carried unanimously.
vi. approval of minutes: november 20, 2002
** MS. LIGHT MOVED TO APPROVE THE MINUTES OF NOVEMBER 20, 2002
** mr. WHITE SECONDED THE MOTION.
** MOTION CARRIED UNANIMOUSLY.
vii. comments of the director
There were no comments from the Director.
viii. comments of the commissioner
There were no comments from the Commissioner.
ix. adjournment
** MR. SANTOS MOVED TO ADJOURN THE MEETING
** MR. WHITE SECONDED.
** MOTION CARRIED UNANIMOUSLY.
The meeting was adjourned at 10:15 p.m.
Respectfully submitted,
Michele Montgomery
Telesco Secretarial Svces
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