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| ZONING BOARD OF APPEALS MINUTES |
CITY OF NORWALK
ZONING BOARD OF APPEALS
MARCH 6, 2008 (APPROVED APRIL 3, 2008)
I. CALL TO ORDER
Ms. Carbone called the meeting to order at 7:30 pm.
II. ROLL CALL
PRESENT: Anne Carbone; Taylor Strubinger; Gordon Tully; Dawn DelGreco; Steven Colarossi; Tony Lopez
STAFF: Aline Rochefort, Zoning Inspector; Vladimir Mariano, Deputy Zoning Inspector
OTHERS: Attorney David Waters; Attorney Liz Suchy; Phillip Cirrone, architect; Steven Fold; Anthony Budo; Don Newell; Bill Ethier; Gail Oswinger
III. PUBLIC HEARING
Ms. Carbone called the hearing to order and presented the ground rules for the hearing procedure.
A. #08-0306-01 Avalon Bay Communities—Variance to allow 60 off-premise signs vs. 50 allowed (59 existing) in Central Business Design District subarea B. Property located at 30 Belden Ave.
Ms. Carbone introduced the proposal. Mr. Tully explained the details. Attorney Waters stated that he had tendered the green cards. He discussed the location of the property in relation to Norwalk Mall and Route 7. He indicated that the proposal involves two separate new structures on an integrated lot. He explained that one structure contains Autozone and the other Radio Shack and that Avalon Bay acquired them under a ground lease that was approved as a unified property.
Ms. Carbone asked what else would be going onto this property. Attorney Waters answered that it would be primarily conference facilities for Autozone. Ms. DelGreco asked about the square footage of the buildings. Attorney Waters stated that one building is 3200 square feet and the other, 1200 square feet. Mr. Tully asked if it could be subdivided later and whether this would require another permit. Attorney Waters said that it could be subdivided later, but that it would not require another permit since there is an off-premise sign. Ms. Carbone asked which lot is considered Lot 7 and whether the property was being treated as one site plan. Attorney Waters pointed out Lot 7 on the site plan and added that no more signs would be allowed on either property. Ms. Rochefort clarified that the proposal involves two separate properties, but is being considered as one site plan. Attorney Waters explained that Autozone is partly non-compliant, whereas Radio Shack is compliant. Mr. Colarossi asked if the intention all along has been for a variance. Attorney Waters said that it was the intention, discussing the background of billboards and off-premise signage in Norwalk. Ms. Rochefort showed the Board an inventory of off-premise signs in Norwalk. Mr. Tully questioned the wording of the proposal, suggesting that the phrase “allowed signs” be replaced by the phrase “permitted signs.” Attorney Waters acknowledged that the language could be amended. Mr. Strubinger questioned the necessity of more signs, stating that one can already easily see Radio Shack and Autozone.
Ms. Carbone closed the public hearing.
B. 08-0306-02 American Cancer Society—Variance of maximum height for wall signs & variance for location of ground sign property line proposed Business No. 1 Zone. Property located at 38 Richards Ave.
Ms. Carbone introduced the proposal. Mr. Tully gave the background and asked permission to waive a lengthy reading of the details of the proposal. Attorney Suchy agreed to waive the reading. She provided the green cards and showed the site plan. There was a discussion of other properties in the area with larger signs, all of which were there by variance. She explained that the problem with the American Cancer Society’s sign is that it is not meeting the setback line. At Mr. Tully’s request, Attorney Suchy pointed out the location of the sign on the site plan. There was a discussion of the proximity of the driveway to I-95. Phillip Cirrone, an architect, discussed the ingress and egress at the property.
Mr. Colarossi asked if there was a compliant sign there currently. Ms. Rochefort explained that there had been a site plan review, which included a compliant sign package. Mr. Tully asked why the Board could not see alternatives to that sign package. Attorney Suchy said that it was compliant already. Mr. Colarossi asked Attorney Suchy to explain the hardship. She discussed the need for signage on I-95 to be adequate to designate the nature of the site as regional. In relation to the two wall signs, Mr. Colarossi asked why one must see the benefactor’s name on the ACS sign. Attorney Suchy cited the commonality of signs that designate a benefactor. She discussed the ACS as a community benefit, adding that the applicant’s requests are minimal and that the hardships are endemic to the property itself.
There was a brief discussion of the lighting of signs. Ms. DelGreco asked for the dates of other variances regarding signs. Attorney Suchy provided the dates and the heights of the other signs. Mr. Strubinger asked about the governor’s wish to get rid of billboards on I-95. Attorney Suchy stated that this property did not fall into that category since it is not actually on I-95 and since it is not a billboard. Mr. Lopez asked if the applicant had other thoughts as to the location of the name of the benefactor. There was a brief discussion.
Steven Fold called the benefactor sign imperative and stated that a big draw for the property location was that it was visible from I-95. Calling the property an asset to the City, Mr. Fold asked for approval of the variance. Mr. Tully asked whether the applicant had considered renting property. Mr. Fold explained why this was a better economic choice than renting.
Anthony Budo, a Norwalk resident, also spoke in support of approving the variance.
Don Newell spoke in favor of the proposal.
Bill Ethier spoke in favor of the proposal, stating that this is a community-service, not just another real estate development. Mr. Tully asked how a person could know that this was a community resource, not just an office building. Mr. Ethier cited the prevalence of the internet and the fact that there is common knowledge of this sort of resource among people with cancer or whose family members have cancer. Mr. Fold added that the sign will read ”Benefactor’s Name Regional Cancer Center.”
Gail Oswinger, an employee of the American Cancer Society, spoke in favor of the proposal, discussing the accessibility of the site, particularly for volunteers.
Mr. Tully read three letters stating residents’ support of the proposal. The letters were from Hamm and ginger Ewing of Norwalk, Ed Musanti of the Norwalk Chamber of Commerce, and Tad Diesel of Norwalk Redevelopment.
Attorney Suchy stated that she had received a phone call from Michael Wilbur, an abutting property owner, who spoke neither against nor in favor of the proposal.
Ms. Carbone closed the public hearing.
C. 08-0306-03 James C. Napoli & Hans M. Bulteryst—Variance of front yard setback & side yard setback for additions to single family residence in AAA Residence zone. Property located at 15 Yew St.
Ms. Carbone read the proposal. Mr. Tully discussed the details. Mr. Napoli, representing himself and Mr. Bulteryst, showed the site plan and discussed the outline and footprint of the building. The Board members asked questions about the details of the site map. Ms. Rochefort presented the minutes from the meeting in which the original variance was granted.
Ms. Carbone closed the public hearing.
Ms. Carbone called for a five-minute break at 8:55 pm.
IV. BOARD ACTION ON ITEMS A THROUGH C
C. #08-0306-03 JAMES C. NAPOLI & HANS M. BULTERYST
** MS CARBONE MOVED TO GRANT THE VARIANCE BECAUSE THE APPLICANT
HAD DEMONSTRATED A HARDSHIP TO THE BOARD THAT THE LOCATION OF THE WELL AND
SEPTIC SYSTEM WOULN’T ALLOW EXPANSION OTHERWISE.
** MR. STRUBINGER SECONDED.
** MOTION PASSED UNANIMOUSLY.
B. #08-0306-02 AMERICAN CANCER SOCIETY
The Board discussed the nature of the various signs proposed for the site. Mr. Colarossi stated that he believes the benefactor sign and ground sign are conveniences and are not designed to bring business into the property.
Mr. Strubinger suggested that the logo sign be approved, but not the other two signs. Mr. Tully pointed out that this signage, if approved, would be grandfathered into another future building at the site.
The Board discussed whether there was hardship for the applicant.
The Board agreed to vote on the three proposed signs separately.
** MS. CARBONE MOVED TO DENY THE VARIANCE FOR A GROUND SIGN
BECAUSE THE APPLICANT FAILED TO SHOW A HARDSHIP.
** MR. STRUBINGER SECONDED.
** MS. DELGRECO - APPROVED.
** MR. LOPEZ - APPROVED.
** MR. TULLY OPPOSED.
** MOTION CARRIED 4-1 FOR DENIAL OF VARIANCE.
** MS. CARBONE MOVED TO DENY THE VARIANCE FOR THE BENEFACTOR WALL SIGN BECAUSE
THE APPLICANT FAILED TO SHOW A HARDSHIP.
** MR. TULLY SECONDED.
** MOTION CARRIED UNANIMOUSLY FOR DENIAL OF VARIANCE.
** MS. CARBONE MOVED TO DENY THE VARIANCE FOR THE LOGO SIGN BECAUSE THE APPLICANT
DID NOT SHOW THAT THE HARDSHIP WAS NOT SELF CREATED BECAUSE THIS IS A NEW
BUILDING AND DESIGNED FOR THIS USE.
** MR. TULLY SECONDED.
** MS. DELGRECO APPROVED.
** MR. LOPEZ OPPOSED.
** MR. STRUBINGER OPPOSED.
** MOTION CARRIED 3-2 FOR DENIAL OF VARIANCE.
A. #08-0306-01 AVALON BAY COMMUNITIES
There was a brief discussion concerning the removal of an off-premise sign.
** MS. CARBONE MOVED TO APPROVE VARIANCE W/ CONDITIONS BECAUSE
THE APPLICANT DEMONSTRATED A HARDSHIP AND THE INTENT OF THE REGULATIONS IS
TO PERMIT ONE GROUND SIGN PER SITE PLAN. CONDITIONS ARE ONLY TENANTS OF THE
TWO LOTS BE ON THE SIGNAGE AND NO ADDITIONAL GROUND SIGN ON LOT 7.
** MR. STRUBINGER SECONDED.
** MOTION CARRIED UNANIMOUSLY.
V. BOARD ACTION ON HEARING MINUTES FEBRUARY 7, 2008
** MS. CARBONE MOVED TO ACCEPT MINUTES AS PRESENTED.
** MR. STRUBINGER SECONDED.
** MS. DELGRECO ABSTAINED.
** MR. LOPEZ ABSTAINED.
** MOTION PASSED.
VI. ADJOURNMENT
** MS. CARBONE MOVED TO ADJOURN.
** MR. TULLY SECONDED.
** MOTION PASSED UNANIMOUSLY.
The meeting was adjourned at 9:30 pm.
Respectfully submitted by Charlene Smith
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