Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS January 9, 2024 7:00 PM Regular Meeting Minutes Hybrid Meeting ZOOM & Lower Level Conference Room 23 Union Street, Norwich, CT The regular meeting of the City of Norwich Zoning Board of Appeals was called to order at 7:05 p.m. Roll call was taken. PRESENT: Chairman Marc Benjamin David Martin Dorothy Travers (ZOOM) Robert Phoenix Edward Aberbach ABSENT: Gregory Schlough OTHERS: Anthony Soria (ZOOM); Raul Rios; Susanne Chapman; Isabella Rosa; Gladys Rosa; Tanice Doman, Assistant Zoning & Blight Enforcement Officer; 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 members would be voting on all matters. A. COMMUNICATIONS: None. B. ACCEPTANCE OF MINUTES: Robert Phoenix made a motion to accept the December 12, 2023 regular meeting minutes with amendments. David Martin seconded. Edward Aberbach abstained. The motion passed. C. OLD BUSINESS: 1. V# 23-11: 8 Garfield Ave: Request for relief from ZR Sec. 1.1, Residential Bulk Requirements, to reduce the front yard setback from 30 ft. to 11 ft. and the side yard setback from 15 ft. to 5 ft. for the construction of stairs to the second floor on the north side of the home. Property of Joao Pontes, Application of Joao Pontes, Assessors Map # 118, Block # 003 Lots # 075, R-20 Zone The applicant was not in attendance. Robert Phoenix made a motion to close the public hearing. Dorothy Travers seconded. All voted in favor. The motion passed unanimously. D. NEW BUSINESS: 1. V# 23-12: 490 Boswell Ave: Request for relief from ZR Sec. 1.1,  Residential Bulk Requirements, to reduce the front yard setback from 30 ft. to 8 ft. and the side yard setback from 15 ft. to 5 ft. for the construction of code compliant stairs and landings on the north and east sides of the home. Property of Anthony A. Soria, Application of Anthony Soria, Assessors Map # 086, Block # 001 Lots # 075, R-20 Zone Anthony Soria stated that he is looking to remove the portion of the deck on the right side of his building and to extend the existing front porch outwards by approximately one and a half feet. Anthony Soria added that he would then install the proposed staircase through the deck. Richard Shuck clarified that part of the reconstruction was based on the inspections done by the fire marshall and building official that requested code compliant stairs. Richard Shuck stated the proposed work was the best option to achieve code compliant stairs with the least amount of impact. David Martin asked if the larger front porch was required by code. Richard Shuck responded that it was, as the porch needed to be a certain width due to the egresses and travel path. David Martin asked if the staircase from the new porch would connect to the other levels of the home. Anthony Soria responded that it would. Anthony Soria clarified that his hardship was that the existing staircase was non-conforming and not compliant with building codes. Anthony Soria stated that he needs to construct code compliant stairs which require the non-conformity to be increased in some spaces and reduced in others. Robert Phoenix made a motion to close the public hearing. Dorothy Travers. All voted in favor. The motion passed unanimously. 2. V# 23-13: 1 Tanner Ave: Request for relief from ZR Sec. 1,1 to reduce the front yard setback from 25 ft. to 6 ft. for the construction of a covered porch. Property of C & R Investments LLC, Application of Raul Rios, Assessors Map # 102, Block # 007 Lots # 043, MF Zone Raul Rios of 16A Winchester Street in Norwich stated that the distance from the front of the home to the retaining wall property line is 17 feet and he would like to use that space to build a 21 by six foot porch that would sit 10 feet from the retaining wall. Richard Shuck explained that based on the site plan and GIS map he determined a reduced setback to six feet would be required, but when he went to the site and measured the distance from the proposed porch to the property line he found there to be 10 feet. Richard Shuck added there was also a 10 foot setback to the side property line, which conformed with the multi-family zone. Richard Shuck explained that per the architect there would be a distance of approximately six feet from the property line to the overhang roof, and that the face of the porch would be seven feet from the property line, to which Raul Rios agreed. Richard Shuck clarified that if the board was to approve the variance for the six feet requested there would actually be more space allowed than the applicant was requesting to build. Marc Benjamin asked how the stone wall was  established as the property line. Raul Rios stated that it was assumed to be the property line based off of its location, but it was not an established property line by surveyors. Raul Rios noted that the porch staircase would be located on the left hand side, so that they would not be encroaching on the setback space. Richard Shuck stated that in regards to the property line he had not referenced the deed, but he GIS map and that the stone wall sits right at the end of the sidewalk. Raul Rios stated his hardship was the unique shape of the property. Susanne Chapman of 18 and 22 York Avenue in Norwich asked if there were any iron pins that detonated the property line. Marc Benjamin stated that there was not a standard for marking property lines in the area and there were various ways surveyors marked the lines. Susanne Chapman noted that the area had been surveyed and denoted in the past. Susanne Chapman stated that her only concern in regards to the project was if emergency vehicles would have issues traversing the area as there are many tight corners and noted they used the space near the stone wall as a turnaround point. Marc Benjamin clarified that the applicant would not be building out past the wall and that he was very familiar with emergency vehicles getting around that area. Robert Phoenix made a motion to close the public hearing. Dorothy Travers seconded. All voted in favor. The motion passed unanimously. 3. V# 23-14: 88 School Street: Request for relief from ZR Sec. 1,1 to reduce the front yard setback on the south from 25 ft. to 17.5 ft. and on the west to from 25. ft. to 13.5 ft. Also reduce the rear yard setback on the east from 25 ft. to 6.5 ft. for the construction of a single family home. Property Isabell J. Rosa, Application of Gladys Rosa, Assessors Map # 102, Block # 001 Lots # 035, MF Zone Isabella Rosa and Gladys Rosa of 24 Illinois Street in Worcester, Massachusetts presented the application. Isabella Rosa stated they are requesting to reduce the front yard setback on the south side from 25 feet to 17.5 feet and on the west side from 25 feet to 13.5 feet for the construction of a single family home. Marc Benjamin asked if the lot was previously used and if there was a home there that had been destroyed. Isabella Rosa responded from her unstandarding the previous home was destroyed by a fire and demolished, and that the lot had been vacant since. Marc Benjamin asked if the new home would be in the same footprint as the previous home. Isabella Rosa responded that she was not sure as she was not certain how the previous home was situated. Richard Shuck stated that there was no foundation left from the previous home. Gladys Rosa explained that on the north point of the property beyond the proposed home is a gravel driveway that is listed on the deed as an easement for maintaining the property, but the driveway and a portion of the landing stairs was owned by the neighbor. Gladys Rosa continued that they planned to  access the home by School Street where the driveway would be brought in next to the stairs. Gladys Rosa stated the proposed home would include a garage underneath the home and a driveway that could fit an additional one or two more vehicles. Robert Phoenix asked what the need was for the proposed structure to be four stories tall. Gladys Rosa responded that they were a family of six and planned for their entire family to live in the home. Gladys Rosa continued that when they purchased the property they were told they could only build a 700 square foot single family home, which was not possible to do on a single level and required them to build upwards. Dorothy Travers asked what the final square footage of the home would be and how many bedrooms would be included. Gladys Rosa responded the home would be 2,100 square feet with five to six bedrooms and two or two and half bathrooms. Robert Phoenix made a motion to close the public hearing. Dorothy Travers seconded. All voted in favor. The motion passed unanimously. E. DISCUSSION AND POSSIBLE DECISIONS: 1. V# 23-11: 8 Garfield Ave: Request for relief from ZR Sec. 1.1, Residential Bulk Requirements, to reduce the front yard setback from 30 ft. to 11 ft. and the side yard setback from 15 ft. to 5 ft. for the construction of stairs to the second floor on the north side of the home. Property of Joao Pontes, Application of Joao Pontes, Assessors Map # 118, Block # 003 Lots # 075, R-20 Zone Robert Phoenix made a motion to approve the application. David Martin seconded. Robert Phoenix stated the application was seemingly straightforward but without representation from the homeowner there was no compelling information to assist with the approval of the application. Edward Aberbach stated he did feel a second fire exit would be safer for the tenants, as requested in the application, and felt it was an appropriate concept for the property. Dorothy Travers noted that an inspection would need to be approved by the building departments so she did not feel additional stairs would be an issue. David Martin stated he did not understand why the external stairs were needed due to the property being a single family home, as it was not common, and that he would like to question the applicant on this. Marc Benjamin agreed and while he understood the hardship he would like a better explanation on why the stairs are required and why in the proposed location. Marc Benjamin added that it was a concerning fact that the stairs had already been constructed and based on the information provided by the Zoning Enforcement Official the applicant was notified of the proceedings. Marc Benjamin stated he did not feel it was appropriate to approve the application moving forward and could not support it without additional information. David Martin, Robert Phoenix, Edward Aberbach, Marc Benjamin and Dorothy Travers voted in opposition. The motion failed unanimously. 2. V# 23-12: 490 Boswell Ave: Request for relief from ZR Sec. 1.1, Residential Bulk Requirements, to reduce the front yard setback from 30 ft. to 8 ft. and the side yard setback from 15 ft. to 5 ft. for the construction of code compliant stairs and landings on the north and east sides of the home. Property of Anthony A. Soria, Application of Anthony Sonia, Assessors Map # 086, Block # 001 Lots # 075, R-20 Zone Robert Phoenix made a motion to approve the application. David Martin seconded. Robert Phoenix noted the hardship was caused by improvements required by the building code for fire safety and the configuration of the lot prohibits compliance with the zoning regulations. Edward Aberbach and Dorothy Travers agreed. David Martin added that the existing stairs were already non-conforming. Marc Benjamin agreed with all points made. David Martin, Robert Phoenix, Edward Aberbach, Marc Benjamin and Dorothy Travers voted in favor. The motion passed unanimously. 3. V# 23-13: 1 Tanner Ave: Request for relief from ZR Sec. 1,1 to reduce the front yard setback from 25 ft. to 6 ft. for the construction of a covered porch. Property of C & R Investments LLC, Application of Raul Rios, Assessors Map # 102, Block # 007 Lots # 043, MF Zone Robert Phoenix made a motion to approve the application. David Martin seconded. Robert Phoenix stated that the current non-conformity of the property made the application the only reasonable way to make the best use of property. Edward Aberbach and Dorothy Travers agreed. David Martin stated the existing property was already non-conforming, so to add code compliant stairs and a landing would be a further non-conformity. Marc Benjamin stated that while the application had some confusion, reducing the setback from 25 to 6 feet, with the actual distance presented as 10 feet based on measuring, would not cause any issues with the work stretching into the street or past the retaining wall. David Martin, Robert Phoenix, Edward Aberbach, Marc Benjamin and Dorothy Travers voted in favor. The motion passed unanimously. 4. V# 23-14: 88 School Street: Request for relief from ZR Sec. 1,1 to reduce the front yard setback on the south from 25 ft. to 17.5 ft. and on the west to from 25. ft. to 13.5 ft. Also reduce the rear yard setback on the east from 25 ft. to 6.5 ft. for the construction of a single family home. Property Isabell J. Rosa, Application of Gladys Rosa, Assessors Map # 102, Block # 001 Lots # 035, MF Zone Robert Phoenix made a motion to approve the application. David Martin seconded. Robert Phoenix stated that it was a very undersized lot to allow any building that would be within the setback permitted by zoning. Robert  Phoenix added that it appeared by the proposed design that the structure would be the most minimally obtrusive building on that sized lot. Edward Aberbach agreed and stated the design was the best option given the configuration of the lot. Dorothy Travers also agreed and stated the property size presented difficulties for the needed use. David Martin added that there was a house on the property previously, which belief was validated by the existing staircases, and felt that if the variance was not granted the property would be unusable. Marc Benjamin stated he had some concerns with the height and number of bedrooms proposed, but felt the proposed configuration would be the best look for the home within the neighborhood. David Martin, Robert Phoenix, Edward Aberbach, Marc Benjamin and Dorothy Travers voted in favor. The motion passed unanimously. F. STAFF UPDATES: Richard Shuck 2024 requested a formal acceptance of the 2024 meeting schedule. Marc Benjamin made a motion to adopt the 2024 Zoning Board of Appeals meeting schedule as presented. Robert Phoenix seconded. All voted in favor. The motion passed unanimously. G. ADJOURNMENT: A motion was made by Robert Phoenix to adjourn at 8:22 PM. David Martin seconded. All voted in favor. The motion passed unanimously. Respectfully submitted, Katherine Rose Recording Secretary