NORWICH, CT — The Norwich Building Code Board of Appeals voted unanimously Oct. 15 to uphold the rejection of a building permit application for a downtown property where the owner proposed creating two second-floor apartments.
The board determined that the city's building official had sufficient grounds to reject the plans for 16 Main St., citing deficiencies involving emergency exits, fire separation and sprinkler protection.
The property owner, Anna Starr Opportunity Zone Fund LLC, had appealed the building official's determination through Lucas Law.
The appellant did not attend the special meeting.
According to the building official, the submitted plans called for two apartments on the building's second floor, with both units using a single exit leading to a shared rear landing.
Exterior stairs would connect toward Church Street and Main Street.
The building official said the proposed exit arrangement was too close to an adjoining property line and did not meet applicable fire safety requirements.
He identified a 10-foot separation requirement and said zoning setbacks did not eliminate the need to comply with building code provisions.
The plans also lacked fire protection at the building's gable ends and did not include a proposed sprinkler system.
Although some fire protection details could potentially be submitted later, the building official said the emergency exit configuration required substantial revisions.
He also told the board that the plans did not show the necessary fire separations or protection of openings along the exit route.
Board members questioned whether alternative exit arrangements or modifications to fire alarm systems could address some of the deficiencies.
They also discussed the required fire separation between the commercial first floor and the proposed residential units above it.
Staff explained that any modifications would require appropriate approvals and that the submitted plans had not demonstrated compliance with building code requirements.
Commissioners also questioned whether a proposed exit route from a bedroom through an open kitchen and living area presented an additional safety concern.
The building official said that issue had not been evaluated during his initial review.
Discussion also addressed the scope of the proposed renovations, including new structural members supporting the second floor.
The building official reiterated that the proposed exterior stairs and ramps were too close to the property line without the required fire protection.
Board members considered whether to postpone the hearing because the appellant was not present.
Staff reported that Attorney Driscoll had advised that the appellant was not required to attend and that the board could either decide the appeal or continue the matter to provide another opportunity to appear.
After discussing the written appeal and potential design alternatives, members agreed to make a determination based on the available record.
Peter Procko moved to close the hearing, and Scott Barbarossa seconded. The motion passed unanimously.
Chairman Robert Phoenix then expressed support for the building official's decision, saying it was supported by applicable code requirements.
Procko and Barbarossa agreed.
The board voted 3-0 to uphold the building official's determination and deny the appeal.
Members acknowledged that the proposed development could potentially proceed if the applicant submitted revised plans demonstrating compliance with building code requirements.
The decision does not constitute approval of revised plans or prohibit the owner from submitting a compliant design.
Earlier in the meeting, the board unanimously elected Phoenix to serve as chairman for the session.
Procko made the motion, which Barbarossa seconded.
The three members constituted a quorum.
The board also unanimously approved minutes from its Feb. 16 and Feb. 22, 2018, meetings.
The special meeting was held in the lower-level conference room at 23 Union St..
It began at 4:40 p.m. and adjourned at 5:03 p.m.
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