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| ZONING COMMISSION MINUTES |
ZONING COMMISSION
DECEMBER 15, 2004
CALL TO ORDER
The meeting was called to order at 7:30 p.m. by the Chair.
ROLL CALL
ATTENDANCE: Dorothy Mobilia, Chair Jackie Lightfield
Andrea Light Bob Keyes
Karen Spencer David Watts
Also present were Michael Greene, Director of Planning & Zoning, and Michael Wrinn, Assistant Director of Planning & Zoning.
PUBLIC HEARINGS
Ms. Lightfield read the Legal Notice.
#14-04SP – CITY OF NORWALK – KENDALL SCHOOL – 57 FILLOW STREET 8 CLASSROOM ADDITION
Architect Bill Silver reviewed the proposed project. It is an 8-classroom addition of slightly more than 8,000 s.f. that will be consistent with the 1951 building.
Mr. Keyes asked about the impact on the neighborhood and traffic during construction. Mr. Silver said they have isolated the addition from car traffic on Fillow Street. They have developed a temporary staging plan that will only be in effect while the project is going on. There will be a gate on Pettom Road that will be gated every night. All parking will be restricted to the parking area. When construction is completed, the gate will be removed. This May/June, they will begin construction and the temporary staging and access will be needed for 12 months, hopefully less. There will be no parked cars on Eagle Road or Pettom Road.
Mr. Keyes inquired about the length of the workday. Mr. Silver said it would be from 7 a.m. to 3 p.m., or possibly to 6 p.m.
The Chair asked if anyone from the public wished to speak.
Rita Tanner, 38 Eagle Road, said this addition will come toward her backyard. The school has a lovely playground area – what will happen to it? It is very noisy now, and if it is moved closer, it will be even noisier. Ms. Tanner said that the embankment is an accident waiting to happen.
REBUTTAL:
Mr. Silver said they are trying to keep the addition to the core of the property. It does, however, move closer to Eagle Road, but none of the configuration of the site features will change. Regarding the embankment, they will be adding a small retaining wall.
The Chair closed the Public Hearing.
#24-04CAM – SHACOJAZZ ART CAFÉ – 21 NORTH MAIN STREET – REQUEST TO ADD LIVE ENTERTAINMENT TO EXISTING RESTAURANT AND RETAIL USE
Eugenia Jelani handed in the green cards. She said she is asking to add live entertainment to her existing restaurant. The concern of Planning & Zoning was noise. An acoustical check showed that the neighborhood would not be affected by the type of entertainment she will present. Ms. Jelanie asked for approval because many of her competitors have entertainment that is much noisier than what she is proposing; it would bring a positive cultural experience to Sono; it would add a very good aspect to Sono.
The Chair said that the entertainment area abuts on a retail area that cannot have tables. If she is bringing in music to bring in more customers, where would they go? Ms. Jelani said that the entertainment area would be where the tables are.
The Chair asked how she could keep people from going into the retail area. Ms. Jelani said this would not be a change from the usage of the previous owner. The items they have for sale are on the wall. She said it is her hope that people will leave the tables, allowing another 16 people to come in.
The Chair asked if anyone from the public wished to speak.
Ruby Watkins, Norwalk resident, said she has worked with youth outreach groups, and something like this would be very good for them. Kids would like a place like this where they can hear music with no liquor. Sono would benefit from this. In addition, the diversity of this place is a positive aspect.
Mr. Watts asked how many people could comfortably stay in the space, from an insurance perspective. Ms. Watkins said it could hold 16 people. The policy does not state how many people would be covered. Mr. Watts asked how many people could fit into this space if a popular act is appearing. Ms. Jelani said people would have to wait outside. She will only allow 16 people in at a time.
The Chair closed the Public Hearing.
#3-04R – ZONING COMMISSION – PROPOSED AMENDMENT TO BUILDING ZONE REGULATIONS REGARDING EXEMPTING SEASONAL OUTDOOR DINING IN CERTAIN ZONES FROM PARKING REQUIREMENTS AND TECHNICAL AMENDMENTS
Ms. Lightfield read the Mandatory Referral from the Planning Commission and CAM. The Chair read the letter from Kevin Poruban, Chairman of the Public Works Committee, requesting that parking requirements be waived where appropriate.
Mr. Greene reviewed the proposed amendment. He said that this permit would be renewable yearly. This would create a pedestrian-friendly environment and is a plus for the merchants.
The Chair asked if anyone from the public wished to speak.
Jack Shermonte, N.Y. Pizza, said that the business owners favor this amendment. This area has become a holding area for groups of kids; this will make the area more alive. It would help their businesses immensely. If they had to pay for parking, it would cost them approximately $36,000 for an area they can only use a few months a year.
Chef Jeff said this would build up the area and keep it clean. This would be a win-win situation.
Attorney Frank Zullo said this would be a very pedestrian-friendly atmosphere. There is an over-abundance of parking in Sono now. This would be a use for the Maritime Garage. Parking should not be an issue. This would be an excellent ordinance; its time has come. The cost of additional parking spaces for a restaurant is not warranted. Attorney Zullo asked that this be kept as simple as possible; there are too many agencies required to sign off.
The Chair closed the Public Hearing.
REPORT OF PLAN REVIEW COMMITTEE
#14-04SP – CITY OF NORWALK – KENDALL SCHOOL – 57 FILLOW STREET – 8 CLASSROOM ADDITION
** MR. KEYES MOVED:
RESOLVED THAT APPLICATION #14-04SP, SUBMITTED BY SILVER/PETRUCELLI & ASSOCIATES, HAMDEN, CT. AS SHOWN ON VARIOUS PLANS BY SILVER/PETRUCELLI & ASSOCIATES, HAMDEN, CT, DATED 10/01/04, AS AMENDED BY APPROVED WITH THE FOLLOWING CONDITIONS:
1. THAT ALL REQUIRED CEAC SIGNOFFS ARE SUBMITTED; AND
2. THAT ALL REQUIRED SOIL AND SEDIMENTATION CONTROLS BE INSTALLED PRIOR TO THE START OF CONSTRUCTION AND MAINTAINED UNTIL THE PROJECT IS COMPLETED AND STABILIZED; AND
3. THAT ANY CHANGE TO THE PLAN WILL REQUIRE ZONING COMMISSION APPROVAL; AND
4. THAT ANY GRAFFITI ON THE SITE, NOW OR IN THE FUTURE, BE REMOVED IMMEDIATELY; AND
5. THAT ANY SITE ACCESS PLAN SUBMITTED FOR THE EAGLE ROAD ENTRANCE BE FOLLOWED AS WRITTEN; ANY CHANGES WILL REQUIRE PRIOR APPROVAL, IN ORDER TO MINIMIZE ANY DISTURBANCE TO THE RESIDENTIAL NEIGHBORS; AND
BE IT FURTHER RESOLVED THAT A CERTIFICATE OF SPECIAL PERMIT AND MAP BE PLACED ON THE NORWALK LAND RECORDS PRIOR TO ANY ZONING COMPLIANCE BEING ISSUED AND
BE IT FURTHER RESOLVED THAT THE EFFECTIVE DATE OF THIS APPROVAL SHALL BE DECEMBER 24, 2004.
** MS. LIGHTFIELD SECONDED.
** MOTION PASSED UNANIMOUSLY.
#24-04CAM – SHACOJAZZ ART CAFÉ – 21 NORTH MAIN STREET – REQUEST TO ADD LIVE ENTERTAINMENT TO EXISTING RESTAURANT AND RETAIL USE
Mr. Watts asked about monitoring. Mr. Wrinn said there would be enforcement. Ms. Light said that the owner has a history of compliance.
** MR. KEYES MOVED:
BE IT RESOLVED THAT COASTAL AREA MANAGEMENT APPLICATION #24-04CAM – SHACOJAZZ ART CAFÉ – 21 NORTH MAIN STREET – ADD LIVE ENTERTAINMENT TO EXISTING RESTAURANT/RETAIL USE, AS SHOWN ON A SET OF PLANS ENTITLED “SHACOJAZZ ART CAFÉ,” AND AS SHOWN ON VARIOUS OTHER SUPPORTING PLANS AND DOCUMENTATION, BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT THE RETAIL AREA NOT BE USED FOR CUSTOMER SEATING OR ENTERTAINMENT PURPOSES; AND
2. THAT THE HOURS OF ENTERTAINMENT BE LIMITED TO NO LATER THAN 9:00 P.M. EXCEPT ON NEW YEAR’S EVE; AND
3. THAT THE APPLICANT COME BACK TO THE PLAN REVIEW COMMITTEE PRIOR TO ANY SALE OF ALCOHOL ON THE PREMISES.
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 PROPOSAL COMPLIES WITH COASTAL RESOURCE AND USE POLICIES.
BE IT FURTHER RESOLVED THAT THE EFFECTIVE DATE OF THIS APPROVAL SHALL BE DECEMBER 24, 2004.
** MS. LIGHTFIELD SECONDED.
** MOTION PASSED UNANIMOUSLY.
#14-02SP – KERSHNER DEV. CO. (COTTONWOOD CHASE) – 5-UNIT CONSERVATION DEVELOPMENT – REQUEST FOR RELEASE OF SURETY
** MR. KEYES MOVED:
BE IT RESOLVED THAT THE SURETY HELD ON #14-02SP – KERSHNER DEVELOPMENT COMPANY, LLC (COTTONWOOD CHASE) – 295 NEWTOWN AVENUE – 5 UNIT CONSERVATION DEVELOPMENT BE RELEASED AS THE REQUIRED IMPROVEMENTS HAVE BEEN COMPLETED AND PROPERLY CERTIFIED.
BE IT FURTHER RESOLVED THAT A 15% MAINTENANCE SURETY BE RETAINED FOR ONE YEAR TO GUARANTEE SATISFACTORY PERFORMANCE OF THE REQUIRED IMPROVEMENTS.
BE IT FURTHER RESOLVED THAT THE EFFECTIVE DATE OF THIS ACTION SHALL BE DECEMBER 24, 2004.
** MR. WATTS SECONDED.
** MOTION PASSED UNANIMOUSLY.
#11-03CAM – GEORGE ALBANO – 18 WINFIELD STREET – CONVERT 2 FAMILY TO 3 FAMILY – REQUEST FOR RELEASE OF SURETY
** MR. KEYES MOVED:
BE IT RESOLVED THAT THE SURETY HELD ON #11-03CAM – GEORGE ALBANO – 18 WINFIELD STREET – CONVERTING EXISTING TWO FAMILY DWELLING TO A THREE FAMILY DWELLING BE RELEASED AS THE REQUIRED IMPROVEMENTS HAVE BEEN COMPLETED AND PROPERTY CERTIFIED.
BE IT FURTHER RESOLVED THAT A ONE YEAR 15% MAINTENANCE SURETY BE RETAINED TO GUARANTEE SATISFACTORY PERFORMANCE OF THE REQUIRED IMPROVEMENTS.
BE IT FURTHER RESOLVED THAT THE EFFECTIVE DATE OF THIS ACTION SHALL BE DECEMBER 24, 2004.
** MS. LIGHT SECONDED.
** MOTION PASSED UNANIMOUSLY.
#3-01SPR – 25 GLOVER PARTNERS, LCC – 25 GLOVER AVENUE (DIAGEO OFFICE BLDG) – REQUEST MODIFICATION OF CONDITIONS OF APPROVAL
** MR. KEYES MOVED:
RESOLVED THAT CONDITION #9 OF THE APPROVAL FOR #3-01SPR, 25 GLOVER PARTNERS, LLC, FOR THE CONSTRUCTION OF A 280,030 S.F. OFFICE BUILDING WITH UNDERGROUND PARKING GARAGE BE MODIFIED TO READ AS FOLLOWS:
7) THAT A SURETY BE SUBMITTED TO GUARANTEE THE INSTALLATION OF A TRAFFIC SIGNAL AT THE OAKWOOD AVENUE/GLOVER AVENUE INTERSECTION, AND THAT THE SURETY BE RELEASED AFTER A ONE YEAR PERIOD FROM THE ISSUANCE OF ANY CERTIFICATE OF OCCUPANCY, SUBJECT TO RECEIVING CONFIRMATION FROM THE DEPARTMENT OF PUBLIC WORKS THAT WARRANTS DO NOT EXIST AT THAT TIME FOR THE INSTALLATION OF THE TRAFFIC SIGNAL; AND BE IT FURTHER RESOLVED THAT THE APPLICANTS PROVIDE ANY AND ALL INFORMATION REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS TO MAKE A DETERMINATION OF THIS ISSUE; AND
** MS. LIGHTFIELD SECONDED.
** MOTION PASSED UNANIMOUSLY.
#8-97SPR – HEWITT – 45 GLOVER AVENUE – 250,000 S.F. OFFICE BUILDING – EXTENSION OF TIME FOR BRIDGE COMPLETION
** MR. KEYES MOVED:
RESOLVED THAT THE APPROVAL OF #3-96SPR/#8-97SPR HEWITT ASSOCIATES, WHICH ALLOWED THE CONSTRUCTION OF A 250,000 S.F. OFFICE BUILDING AT GLOVER AVENUE, BE MODIFIED BY GRANTING AN EXTENSION OF CONDITION #3, SETTING JUNE 18, 2005 AS THE NEW DEADLINE FOR CONSTRUCTION OF THE BRIDGE TO START.
BE IT FURTHER RESOLVED THAT ALL OTHER CONDITIONS OF THE APPROVAL SHALL REMAIN IN FULL FORCE AND EFFECT.
** MS. LIGHTFIELD SECONDED.
** MOTION PASSED UNANIMOUSLY.
REPORT OF ZONING COMMITTEE
#3-04R – ZONING COMMISSION – PROPOSED AMENDMENTS TO BUILDING ZONE REGULATIONS REGARDING EXEMPTING SEASONAL OUTDOOR DINING IN CERTAIN ZONES FROM PARKING REQUIREMENTS AND TECHNICAL AMENDMENTS
Discussion took place regarding the date to be set allowing seasonal outdoor dining, and it was agreed that the date would be from April 1st through November 1st.
** MS. LIGHTFIELD MOVED:
BE IT RESOLVED THAT THE PROPOSED AMENDMENT TO THE BUILDING ZONE REGULATIONS AS SHOWN ON A CERTAIN DOCUMENT ENTITLED “#3-04R – ZONING COMMISSION – PROPOSED AMENDMENTS TO THE BUILDING ZONE REGULATIONS REGARDING EXEMPTING SEASONAL OUTDOOR DINING IN CERTAIN ZONES FROM PARKING REQUIREMENTS AND TECHNICAL AMENDMENT” AND DATED OCTOBER 29, 2004, BE APPROVED.
BE IT FURTHER RESOLVED THAT THE REASON FOR THIS ACTION IS:
1. IMPLEMENT THE PLAN OF DEVELOPMENT GOAL TO “PROVIDE AND MAINTAIN MUNICIPAL OFF-STREET PARKING FACILITIES TO MINIMIZE STREET CONGESTION AND OTHER DETRIMENTAL EFFECTS ON ADJOINING PROPERTIES” (P. 41) AND;
2. IMPLEMENT THE PLAN OF DEVELOPMENT GOAL TO “PROMOTE THE BALANCED GROWTH OF NORWALK TO MAINTAIN THE ECONOMIC VITALITY OF THE CITY AND RETAIN THE CHARACTER OF ITS NEIGHBORHOODS” (P. 15) AND;
3. IMPLEMENT THE PLAN OF DEVELOPMENT POLICY TO “PROVIDE AND MAINTAIN ESSENTIAL INFRASTRUCTURE TO RETAIN AND ATTRACT DESIRABLE BUSINESSES” (P. 30).
BE IT FURTHER RESOLVED THAT THE EFFECTIVE DATE OF THIS ACTION BE DECEMBER 24, 2004.
** MS. SPENCER SECONDED.
** MOTION PASSED UNANIMOUSLY.
CORRECTION TO BUILDING ZONE MAP – GLOVER AVENUE
** MS. LIGHTFIELD MOVED:
BE IT RESOLVED BY THE NORWALK ZONING COMMISSION THAT THE BUILDING ZONE MAP FOR THE CITY OF NORWALK BE AMENDED TO SHOW THAT THE ENTIRE PROPERTY LOCATED AT GLOVER AVENUE (DISTRICT 5, BLOCK 41, LOT 7) BE ZONED AS EXECUTIVE OFFICE ZONE AS SHOWN ON A CERTAIN DOCUMENT ENTITLED “MAP CORRECTION FOR MERRITT RIVER PARTNERS PROPERTY ON GLOVER AVENUE” DATED NOVEMBER 24, 2004.
** MS. LIGHT SECONDED.
** MOTION PASSED UNANIMOUSLY.
REPORT OF ADMINISTRATION COMMITTEE
2005-2006 OPERATING BUDGET
** MS. LIGHTFIELD MOVED:
RESOLVED BY THE ZONING COMMISSION THAT THE OPERATING BUDGET REQUEST IN THE AMOUNT OF $745,513.69 BE APPROVED.
Ms. Lighthouse spoke of the need for more computers.
** MR. KEYES SECONDED.
** MOTION PASSED UNANIMOUSLY.
APPROVAL OF MINUTES
OCTOBER 28, 2004 PLAN REVIEW COMMITTEE
** MS. LIGHTFIELD MOVED APPROVAL.
** MR. KEYES SECONDED.
** MOTION PASSED UNANIMOUSLY.
OCTOBER 28, 2004 ZONING COMMITTEE
** MS. LIGHTFIELD MOVED APPROVAL.
** MR. KEYES SECONDED.
** MOTION PASSED UNANIMOUSLY.
NOVEMBER 17, 2004 ZONING COMMISSION
** MS. LIGHT MOVED APPROVAL.
** MS. LIGHTFIELD SECONDED.
** MOTION PASSED UNANIMOUSLY.
NOVEMBER 18, 2004 ZONING COMMITTEE
** MS. LIGHTFIELD MOVED APPROVAL.
** MR. KEYES SECONDED.
** MOTION PASSED UNANIMOUSLY.
NOVEMBER 18, 2004 PLAN REVIEW COMMITTEE
The following corrections were made: It was noted that Ms. Mobilia and Ms. Spencer had recused themselves, not Ms. Light.
** MS. LIGHTFIELD MOVED APPROVAL AS CORRECTED.
** MS. LIGHT SECONDED.
** MOTION PASSED UNANIMOUSLY.
COMMENTS OF THE DIRECTOR
There were no comments.
COMMENTS OF COMMISSIONERS
The Chair thanked Ms. Light for writing the letter, which will be sent from the Commissioners.
ADJOURNMENT
** MR. WATTS MOVED TO ADJOURN.
** MS. LIGHT SECONDED.
** MOTION PASSED UNANIMOUSLY.
The meeting was adjourned at 8:40 p.m.
Respectfully submitted,
Cheryl Telesco
Telesco Secretarial Services
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