Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS September 10, 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 Edward Aberbach Robert Phoenix Dorothy Travers (ZOOM) ABSENT: None OTHERS: Richard Shuck, Zoning Enforcement Officer; and Katherine Rose, Recording Secretary Chairman Marc Benjamin called the meeting to order at 7:06 p.m. Chairman Marc Benjamin stated all members would be voting on all matters. A. COMMUNICATIONS: None. B. ACCEPTANCE OF MINUTES: Edward Aberbach made a motion to accept the August 13, 2024 regular meeting minutes. Dorothy Travers seconded. All voted in favor. The motion passed unanimously. C. OLD BUSINESS: None. D. NEW BUSINESS: 1. V# 24-07: (Continued from August 13, 2024) 15 Clinton Ave: Request relief from ZR. Section 4.8.3 to allow for the enlargement of a building dedicated to a nonconforming residential use in the General Commercial zone, by the construction of a 14 ft. x 24 ft. addition, and allow the expansion of the nonconforming use within. Property of Russell Palazzo and Wendi Marceau, Application of Russell Palazzo and Wendi Marceau, Assessors Map # 058, Block # 002 Lots # 041, GC Zone Richard Shuck read into the record Exhibits A - L into the record. Russell Palazzo and Wendi Marceau, owners of 15 Clinton Avenue, explained that 25 years prior their home was in a residential zone which had changed over the years, during which the neighboring package store and SERAC moved into the area. Russell Palazzo stated they rented the property out for the past 15 years as it was not large enough for their family, at only 670 square feet. Russell Palazzo stated they were seeking to increase the home size to 970 square feet with an addition. Russell Palazzo stated the only complaint they heard from any neighbors was in regards to the abutters letter sent in by SERAC, and noted he did not agree with those complaints. Chairman Marc Benjamin asked what the addition would be used for. Russell Palazzo stated it would be used for living space with some closets for storage. Robert Phoenix asked if the applicants could clarify the equipment referred to by SERAC in their letter that states it remains in front of the home. Russell Palazzo responded that there were two trailers in front of their home that left when he returned to Florida each year, so that they were only in place for about five months of the year. Russell Palazzo stated there was a red trailer as well that was left by a tenant but it was on his property, not SERAC’s. Russell Palazzo continued that the only trailer that had been on their property was an aluminum one that was approved by the previous SERAC board president Michelle. Russell Palazzo stated that after the new board submitted their letter with complaints he was made aware that she is no longer the board president, and that he was not approached directly about moving any items. Robert Phoenix explained he was inquiring because he had recently driven by the property on a Sunday and saw that there was a box truck parked in the SERAC lot. Russell Palazzo stated that was likely a customer of the package store. Robert Phoenix asked staff if when the property was subdivided was there any agreement on the part of SERAC that stated screening would be provided. Richard Shuck stated that the history of the property was confusing and convoluted as where SERAC is currently constructed was previously a residential home. Richard Shuck stated that he believed at some point the portion of the property where the house sat was a separate, larger property. Richard Shuck stated that a lot line revision was done that gave some land to the shopping mall below. Richard Shuck stated there was very limited mapping available as they were not filed. Richard Shuck stated the site plan for the commercial building has screening on that lot. Richard Shuck continued that on the site plan where the boundary line is and where he believed it probably always was when it was a separate lot, there was a zone change. Richard Shuck stated there had been trees in place that offered screening previously that were taken down and a garage had since been built. Richard Shuck stated he believe Mr. Palazzo was offered the property for sale and it was unclear when they did the first approval, as there is nothing on the maps or on the recording stating as such, that the properties needed to be merged. Richard Shuck explained that in current times there would be a note as to why the property was developed as one piece but ended up being sold. Richard Shuck stated a merger now would be difficult as the properties are under separate ownerships and the property did have an easement for access. Edward Aberbach stated that he had conversations with staff to confirm there was a permanent right-of-way in place so that the board would not be approving something that required the homeowners to cross property lines. Russ Palazzo provided a photograph and noted that SERAC employees often blocked the right-of-way and left no way to access it. Richard Shuck added the photograph to the record as Exhibit M. Discussion ensued regarding snow plowing issues with the right-of-way. Russell Palazzo discussed his relationship history with the previous board president at SERAC and his desire to continue a positive relationship with his neighbor. Richard Shuck added that the right-of-way is shown on the GIS maps on file with the city as a defined right-of-way. Chairman Marc Benjamin stated that he felt the concerns with the variance appeared to relate to neighborhood relationship problems. Russ Palazzo stated the 670 square foot home was only a one bedroom, one bathroom with a very small kitchen so they were looking to add about 200 square feet to the space overall. Chairman Benjamin asked staff if the only need for the variance was for the residential addition in a commercial zone. Richard Shuck stated the variance was to allow for the enlargement of a building dedicated to a nonconforming residential use in the General Commercial zone, by the construction of a 14 ft. x 24 ft. addition. Richard Shuck stated there were not any setback issues, but it was an expansion of the non-conforming use. Russell Palazzo stated they had used the property for residential purposes for over 25 years. Chairman Benjamin asked how wide was the right-of-way that allowed illegal access to his property. Russell Palazzo responded it was about 12 feet wide. Dorothy Travers agreed that she felt that the issue was a neighbor related problem and if the property owner had a legal right-of-way they had to access it without having issues with it being blocked. Dorothy Travers stated that if the homeowners wanted to build the suggested size addition it should not be an issue as it is in accordance with regulations. Susan Radway spoke on behalf of SERAC located at 228 West Town Street in Norwich. Susan Radway stated she had not been contacted by any abutting property owners and had taken notes regarding parking and access issues that she was previously unaware of. Susan Radway stated the previous director who left the organization two years prior did tell her she had been in contact with the property owners. Susan Radway stated her greatest concern was the size of the construction equipment necessary that would need to go through the right-of-way which was part of the SERAC parking lot, which was typically full on most days. Susan Radway stated she would like to know how that would occur safely in regards to parked vehicles and those entering or exiting the parking lot. Russ Palazzo responded that he would be willing to work with Susan Radway on the right-of-way usage and work around any planned meetings they had. Russ Palazzo stated he worked well with Michelle previously and there were times when the lot was filled with 20 to 30 cars. Russ Palazzo stated he had no issue accommodating. Wendi Marceau added they were not expecting a lot of heavy equipment to come in as they were not doing any foundation work or needing pylons as it would be a one- story structure.  Robert Phoenix asked the applicants if their variance was approved would they have any aversion to directing the construction crews to utilize the appropriate right-of-way. The applicants responded they would absolutely do that. Richard Shuck noted for the record that a letter was sent by certified mail on June 30, 2024 to SERAC regarding the application. Robert Phoenix made a motion to close the public hearing at 7:35PM. Edward Aberbach seconded. All voted in favor. The motion passed unanimously. 2. V# 24-08: 68 North Wawecus Hill Road: Request relief from ZR. Section 1.1 to reduce the front yard setback from 60 ft. to 45 ft. to construct a 20 ft. x 39 ft. addition on the rear of the home. Property of Tina Hagerman, Application of Tina Hagerman, Assessors Map # 082, Block # 001 Lot # 037, R-80 Richard Shuck read Exhibits A - G into the record. Peter Gancanton of 86 Hunters Avenue in Norwich presented on behalf of the applicant. Peter Gancanton stated that the home at 68 North Wawecus Hill Road was built in 1950 and the zoning regulations had changed since. Peter Gancanton stated the original setback for the home was 60 feet and the home currently sat at 45 feet. Peter Gancanton stated the home was a small three-bedroom property that was converted into a one-bedroom home. Peter Gancanton stated there was an adult as well as a family in the home, so they are looking to add two bedrooms and a full bathroom to the rear of the home. Peter Gancanton stated that none of the neighbors had any issues with the addition and all the neighboring homes were significantly larger. Peter Gancanton stated that the entire home as existing is non-conforming. Chairman Benjamin clarified that a variance would be required regardless of where the addition was built to which Peter Gancanton responded that was correct. Chairman Benjamin noted that the addition of the year of the home would affect the front yard setback. Richard Shuck stated that was correct as the entire home was non-compliant with the updated regulation. Peter Gancanton stated the single-story addition would extend from the existing 13-foot jog out in the rear, and run along the current edge of the home to extend out from the side by seven feet. Robert Phoenix made a motion to close the public hearing at 7:43PM. Dorothy Travers seconded. All voted in favor. The motion passed unanimously. 3. V# 24-09: 12 Mopsic Street: Request relief from ZR. section 1.1 to reduce the side yard setback from 10 ft. to 5 ft. and rear yard from 25 ft. to 5 ft. for  the construction of a 24’x 24’ garage.; Relief from ZR section 1.1 to reduce the front yard setback from 25 ft. to 5 ft. and rear yard from 25 ft. to 5 ft. for the construction of a 10’ x 16’ shed; Relief from section 1.1 to increase the total lot coverage from 15.12% to 26.75% where 25 % is allowed. Property of John J. Henk, Application of John J. Henk, Assessors Map # 109, Block # 003 Lot # 029, Multi-Family Zone John Henk and Lina Henk of 12 Mopsic Street in Norwich presented the application. John Henk stated he is looking to construct a 24-by-24 foot garage in the rear of his home which required a variance due to the setback. John Henk stated it would be a two-story garage with the first floor being 12 feet high to accommodate a vehicle lift for refurbishing his classic car. John Henk stated the other garage bay would be for his main vehicle and the second floor would be woodworking related equipment. John Henk stated he was also looking to construct a shed that would house their lawn mower, snowblower and things of that nature. David Martin asked why the applicant was seeked two separate buildings versus a single, larger one. The applicants responded that was a viable option they could work with. John Henk explained if they did a single, larger building it would need to extend towards Summit Street due to the existing porch. John Henk added they could build the proposed shed smaller, but it would still fall within the setback requirement. Discussion ensued. Chairman Benjamin asked staff if they had made any determinations to see what size she could be building to maintain the 25% lot coverage. Richard Shuck stated that with the original garage that was proposed the coverage came to 24.3%, and that adding the shed brought it to the 26.75% coverage. Chairman Benjamin noted that not much can be done to minimize the impact of the request while still making a reasonable accommodation. Robert Phoenix motion to close the public hearing 7:57. Dorothy Travers seconded. All voted in favor. The motion passed unanimously. E. DISCUSSION AND POSSIBLE DECISIONS: 1. V# 24-07: (Continued from August 13, 2024) 15 Clinton Ave: Request relief from ZR. Section 4.8.3 to allow for the enlargement of a building dedicated to a nonconforming residential use in the General Commercial zone, by the construction of a 14 ft. x 24 ft. addition, and allow the expansion of the nonconforming use within. Property of Russell Palazzo and Wendi Marceau, Application of Russell Palazzo and Wendi Marceau, Assessors Map # 058, Block # 002 Lots # 041, GC Zone Robert Phoenix made a motion to approve the application with the stipulation that the applicant, upon approval, would advise any construction workers to observe the deeded right of way, as shown and approved by the applicant, to the best of their ability. David Martin agreed with the stipulation but felt it was outside the purview of the board.  Robert Phoenix revised his motion to approve the application as presented. David Martin seconded. Robert Phoenix noted the hardship was the residential piece of property being developed in a commercial zone, and that the commercial zone condition was developed through the zoning amendment process which created a restriction on the property as not allow anything to be done without a variance unless the homeowner plans to develop as a commercial piece of property. Robert Phoenix stated that the size of the proposed expansion was not excessive and would not encroach or infringe on any other setbacks unique to the property. David Martin agreed that the property already had a non- conforming use and that the requested expansion was reasonable. David Martin stated the concerns from the abutter would hopefully be addressed through the applicant. Chairman Benjamin stated he felt the crux of the issues were neighbor relations and as David Martin had stated if the property were to be developed as a commercial property those issues would be magnified. All voted in favor. The motion passed unanimously. 2. V# 24-08: 68 North Wawecus Hill Road: Request relief from ZR. Section 1.1 to reduce the front yard setback from 60 ft. to 45 ft. to construct a 20 ft. x 39 ft. addition on the rear of the home. Property of Tina Hagerman, Application of Tina Hagerman, Assessors Map # 082, Block # 001 Lot # 037, R-80 Robert Phoenix made a motion to approve the application as presented. Chairman Marc Benjamin seconded. Robert Phoenix noted that there should be allowances made for existing properties to grandfather in their existing conditions so that when zoning changes occur the properties are still in compliance as to not require the homeowners to come before board for similar situations. Robert Phoenix stated the hardship was caused by the zoning change and not by any action of the homeowner. Robert Phoenix added that the setback change was not excessive. Chairman Benjamin stated the work would be an improvement to the property. Dorothy Travers noted the addition would be going on the rear of the home where there was quite a bit of land. David Martin agreed and stated there was no way to add onto the home without a variance. All voted in favor. The motion passed unanimously. 3. V# 24-09: 12 Mopsic Street: Request relief from ZR. section 1.1 to reduce the side yard setback from 10 ft. to 5 ft. and rear yard from 25 ft. to 5 ft. for the construction of a 24’x 24’ garage.; Relief from ZR section 1.1 to reduce the front yard setback from 25 ft. to 5 ft. and rear yard from 25 ft. to 5 ft. for the construction of a 10’ x 16’ shed; Relief from section 1.1 to increase the total lot coverage from 15.12% to 26.75% where 25 % is allowed. Property of John J. Henk, Application of John J. Henk, Assessors Map # 109, Block # 003 Lot # 029, Multi-Family Zone Robert Phoenix motion to approve the application as presented. Edward  Aberbach seconded. Robert Phoenix stated that the proposed changes did not seem detrimental to the character of the neighborhood and although the goal for the lot coverage was under 25%, anything built would likely encroach upon that. Robert Phoenix added that the topography and size of the lot create hardships for the applicant to improve the lot as desired. David Martin agreed that the existing location of the home also put limitations on expansion locations. David Martins stated that the request was reasonable and that a single building would lend to the same conformance issues. Edward Aberbach agreed and said that the coverage was a little over 25% but was minimal enough to be acceptable. Dorothy Travers stated the biggest issue for the applicant was the topography of the property. Robert Phoenix stated that based on the images he saw of improvements already made by the applicant to the property he did not feel these would be of a lesser quality and would be done with the utmost consideration of the aesthetics of the property. All voted in favor. The motion passed unanimously. F. STAFF UPDATES: None. G. ADJOURNMENT: A motion was made by Robert Phoenix to adjourn at 8:17 PM. Edward Aberbach seconded. All voted in favor. The motion passed unanimously. Respectfully submitted, Katherine Rose Recording Secretary