Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS May 14, 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 7:07 p.m. Roll call was taken. PRESENT: Chairman Marc Benjamin David Martin Robert Phoenix Edward Aberbach ABSENT: Dorothy Travers OTHERS: Tanice Doman, Assistant Zoning & Blight Enforcement Officer; Richard Shuck, Zoning Enforcement Officer; and Katherine Rose, Recording Secretary Chairman Marc Benjamin called the meeting to order at 7:08 p.m. Chairman Marc Benjamin stated all members would be voting on all matters. Robert Phoenix made a motion to appoint David Martin as the acting chairman for the meeting. Marc Benjamin seconded. All voted in favor. The motion passed unanimously. A. COMMUNICATIONS: Richard Shuck read into the record a letter from Robert Adams, the chairman of the Lisbon Planning and Zoning Commission regarding V# 24-02, per their request. “Dear Mr. Shuck - I am writing in response to your referral pursuant to Section 8- 7DF of the Connecticut General Statutes regarding Norwich ZBA Application V#24-02 218 Taftville Occum Road: Request for relief from ZR Sec. 1.1, Residential Bulk Requirements. Please be advised that the Libson Planning and Zoning Commission conducted a review of the application at their May 7th, 2024 meeting. The commission recommended that the Norwich Zoning Board of Appeals consider in its review the potential impact of the variance to adversely affect the carrying capacity of the 100-year floodplain associated with the Shetucket River. The commission respectfully requests that this letter be read into the record at the regular meeting of the Norwich Zoning Board of Appeals meeting scheduled for May 14th, 2024. If you have any questions please call Michael J. Murphy, AICP, Lisbon Town Planner.” Richard Shuck noted that the actual activity is in a flood zone but it was not in a regulated flood zone, which he felt did not leave any grounds for the board to consider the conditions of the area. Edward Aberbach asked if the variance would adversely affect the floodplain. Richard Shuck explained the difference between a 50-year and 100-year flood zone. Edward Aberbach clarified that the  Lisbon Planning and Zoning Commission felt that the variance would adversely affect the 100-year flood zone, to which Richard Shuck responded was correct. B. ACCEPTANCE OF MINUTES: Robert Phoenix made a motion to accept the April 9, 2024 regular meeting minutes. Edward Aberbach seconded. All voted in favor, The motion passed unanimously. C. OLD BUSINESS: 1. Continuation of V# 24-02: 218 Taftville Occum Road: Request for relief from ZR Sec. 1.1, Residential Bulk Requirements to 1) Reduce the front yard setback from 50 ft. to 30 ft. 2) Reduce the side yard setback from 30 ft. to 19 ft. 3) Reduce the rear yard setback from 50 ft. to 47 ft. 4) Increase the existing nonconforming lot coverage by 2.91% to 41.94% where 10% is allowed; for the construction of a garage. Property of Michael Perry, Application of Michael Perry, Assessors Map # 032, Block #001 Lots # 015, R-40 Zone. The applicant was not in attendance. Tanice Doman attempted to contact the applicant by phone. Richard Shuck stated there were only a few remaining days left to make a decision on the variance, and if no action was taken it would be automatic approval of the application. Tanice Doman noted that May 14, 2024 would be the 35th date from submittal of the application, which was the last date to take action on the variance. Robert Phoenix and Edward Aberbach stated they had a lot of questions left to be answered. Marc Benjamin agreed. Robert Phoenix made a motion to close the public hearing for V# 24-02. Edward Aberbach seconded. All voted in favor. The motion passed unanimously. D. NEW BUSINESS: 1. DISCUSSION AND POSSIBLE DECISIONS: V# 24-02: 218 Taftville Occum Road: Request for relief from ZR Sec. 1.1, Residential Bulk Requirements to 1) Reduce the front yard setback from 50 ft. to 30 ft. 2) Reduce the side yard setback from 30 ft. to 19 ft. 3) Reduce the rear yard setback from 50 ft. to 47 ft. 4) Increase the existing nonconforming lot coverage by 2.91% to 41.94% where 10% is allowed; for the construction of a garage. Property of Michael Perry, Application of Michael Perry, Assessors Map # 032, Block #001 Lots # 015, R-40 Zone. Robert Phoenix made a motion to approve V# 24-02. Marc Benjamin seconded. Robert Phoenix noted the applicant was not present and had not represented themselves to make the board aware of their needs and why the additional variance was required. Robert Phoenix stated he would not be voting in favor of the application. Edward Aberbach agreed. Marc Benjamin added the lack of an applicant present to demonstrate a  hardship, which was critical in the approval of the variance, made it difficult to vote in favor and he would not be doing so. Chairman David Martin stated that he did not feel there was much justification in the hardship listed on the application. All voted in opposition. The motion failed unanimously. E. STAFF UPDATES: Richard Shuck noted that Katherine Rose, the recording secretary, recently certified copies of two meetings from 2022 in regards to the Forest View condominiums which were currently undergoing the appeals process in court. F. ADJOURNMENT: A motion was made by Robert Phoenix to adjourn at 7:23 PM. Edward Aberbach seconded. All voted in favor. The motion passed unanimously. Respectfully submitted, Katherine Rose Recording Secretary