Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS June 11, 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 Dorothy Travers ABSENT: None. 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 7:04 p.m. Chairman 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 May 14, 2024 regular meeting minutes. David Martin seconded. All voted in favor, The motion passed unanimously. C. OLD BUSINESS: None. D. NEW BUSINESS: 1. V# 24-03: 37 Russell Road: Request relief from the side yard setback requirements of ZR. Section 1.1 for the construction of a second floor addition to the existing home, 2.5 ft. from both side lines where 10 ft. is required. Property of Rachel Lynn Gibbs, Application of Rachel Lynn Gibbs, Assessors Map # 070, Block # 001 Lots # 015, MF Zone Richard Shuck read Exhibits A-H into the record. Rachel Lynn Gibbs stated that she would like to add a second story onto her home and that there was no way to add an addition without requiring a variance. Rachel Lynn Gibbs explained if she were to build in the rear it would be too much roof coverage and therefore would also require a variance. Rachel Lynn Gibbs stated that the most sensical route was to build upward versus taking up more of the yard space. Richard Shuck  agreed that the proposal presented would be the least impactful variance required, as any would be necessary due to the lot coverage and other factors. Marc Benjamin clarified that the property was a small lot with a home that encompassed all of the usable space, and that more room in the home was required to suit the family. Rachel Lynn Gibbs responded that was correct, and noted that the two existing rooms in the home were small. Marc Benjamin asked if the home would not have a larger footprint and would just be taller in height, to which Rachel Lynn Gibbs responded was correct. Rachel Lynn Gibbs stated she had not fully decided if the expansion would be composed of three full bedrooms and converting another room to a master bathroom, or two bedrooms and a bathroom. Robert Phoenix stated the situation was difficult for the property owner leaving no real option for expansion other than building upward. Robert Phoenix stated he did a street view of the neighborhood and noted that this home was likely the only one in the area without a second floor, so he felt the expansion would be in line with the character of the neighborhood. Edward Aberbach agreed that the two-story home would fit right in. Marc Benjamin reiterated that the property had an extremely small lot and house so the expansion would allow for better use of the property. Robert Phoenix made a motion to close the public hearing. Dorothy Travers seconded. All voted in favor. The motion passed unanimously. 2. V# 24-04: 42 Jones Court: Request relief from ZR. Section 4.8.5 to construct a second story addition on an existing nonconforming, single family home in the General Commercial zoning district. Property of Zachary Scott Stewart, Application of Zachary Stewart, Assessors Map # 116, Block # 001 Lots # 025, GC Zone Richard Shuck read into the record Exhibits A-H. Zachary Stewart of 42 Jones Court stated that he would like to add a second floor to his home as well as fix the leaking roof. Chairman Marc Benjamin asked if, for clarification, the hardship was not in relation to the property line rather that the property was located in a commercial zone, and therefore the property owner did not have another option to not require a variance, other than to convert the residential property to a commercial one. Zachary Stewart stated that was correct, and that he was not expanding outwardly just upwardly. Dorothy Travers asked what the upper level of the home would entail. Zarchary Stewart responded it would be a full bedroom and open room with a bathroom, which could be converted into multiple rooms in the future. Robert Phoenix noted that based on photos observed the other portion of the neighborhood had been converted to second story homes, so the expansion would be in line with the area. Edward Aberbach agreed. Robert Phoenix made a motion to close the public hearing. Dorothy Travers seconded. All voted in favor. The motion passed unanimously.  3. V# 24-06: 147 Wawecus Hill Road: Request relief from ZR. Section 1.1 to reduce the side yard setback from 40 ft. to 25 ft. for the construction of a deck on the rear of the home. Property of Matthew Van der Maelen and Bonnie Plickert, Application of Matthew Van der Maelen, Assessors Map # 098, Block # 001 Lots # 007, R-80 Zone Richard Shuck Read Exhibits A - F into the record. Matthew Van der Maelen stated the proposed deck would serve as a legal landing for the rear door, as well as for recreational use. Richard Shuck showed an original survey map of the property on screen for all to view. Richard Shuck stated that he and Tanic Dolman visited the site with the application to get a better understanding of the property due to the discrepancies on the GIS map. Richard Shuck explained how the home and proposed deck sat within the property lines. David Martin asked if a portion of the home was already non-confirming and Richard Shuck responded that it was. Richard Shuck stated he spoke to one of the abutters earlier that day who was in favor of the project. Richard Shucks showed a 3D rendering of the home on screen for all to view. Edward Aberbach asked if the sliding doors shown were existing. Matthew Van der Maelen responded that they were and the existing steps that would be covered were off center as there was previously a single door in that spot that was replaced with a sliding door, making the existing stairs unusable as they were not centered in front of the current doorway. Discussion ensued. Chairman Marc Benjamin asked staff if the zoning of the property had changed since the home was built. Richard Shucks responded that it had and the property was once a portion of a large farm. 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# 24-03: 37 Russell Road: Request relief from the side yard setback requirements of ZR. Section 1.1 for the construction of a second floor addition to the existing home, 2.5 ft. from both side lines where 10 ft. is required. Property of Rachel Lynn Gibbs, Application of Rachel Lynn Gibbs, Assessors Map # 070, Block # 001 Lots # 015, MF Zone Robert Phoenix made a motion to approve the application due to the hardship of the lot size and the availability of square footage property. Dorothy Travers seconded. Robert Phoenix felt hardship prevented the homeowners from best usage of the property. Dorothy Travers agreed. David Martin noted the existing home was not conforming and that the lot size did not allow for expansion without a variance. Robert Phoenix added that the neighborhood currently has many two story buildings so the expansion would not be detrimental. Edward Aberbach agreed. Marc Benjamin also agreed there were not many options for the homeowner. All  voted in favor. The motion passed unanimously. 2. V# 24-04: 42 Jones Court: Request relief from ZR. Section 4.8.5 to construct a second story addition on an existing nonconforming, single family home in the General Commercial zoning district. Property of Zachary Scott Stewart, Application of Zachary Stewart, Assessors Map # 116, Block # 001 Lots # 025, GC Zone Robert Phoenix made a motion to approve the application due to the hardship of the residential property being located within the commercial zone, causing any work to require a variance. David Martin seconded. Dorothy Travers stated the expansion would improve the property and make the best use of it. David Martin stated the property fell on the edge of the commercial zone and the surrounding neighborhood was residential, so it is keeping with the style of other properties. Robert Phoenix added that a second floor addition would be more conducive to the separation from the commercial neighboring property than expanding outwardly. Edward Aberbach agreed and also noted that many of the homes in the area had two stories. Marc Benjamin stated the neighborhood was originally built residential and then converted to commercial which put the property in a stance that required the need for a variance. All voted in favor. The motion passed unanimously. 3. V# 24-06: 147 Wawecus Hill Road: Request relief from ZR. Section 1.1 to reduce the side yard setback from 40 ft. to 25 ft. for the construction of a deck on the rear of the home. Property of Matthew Van der Maelen and Bonnie Plickert, Application of Matthew Van der Maelen, Assessors Map # 098, Block # 001 Lots # 007, R-80 Zone Robert Phoenix made a motion to approve the application due to the hardship that the current zoning setbacks are inadequate to development or expansion of the property. Edward Aberbach seconded. David Martin the existing location of the home proves for the home to be non- conforming requiring that any work in the rear need a variance. David Martin stated he felt the proposed deck was reasonable and a landing from the existing sliding doors was required. Robert Phoenix stated he felt it was a good plan and that assisted with egressing the home from the back door and increasing the usability of the home. Edward Aberbach stated he had no issues with the proposal and that the work would increase the value of the home. All voted in favor. The motion passed unanimously. F. STAFF UPDATES: None. G. ADJOURNMENT: A motion was made by Robert Phoenix to adjourn at 7:39 PM. Dorothy Travers seconded. All voted in favor. The motion passed unanimously. Respectfully submitted, Katherine Rose Recording Secretary