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Somerset council grants variances for 5400 Trent after debate over stormwater and precedent
Summary
After extended questioning and public comment, the Somerset Town Council approved four variances for 5400 Trent to allow a second‑story addition over an existing nonconforming footprint, conditioning approval on limited increases to impermeable surface and adherence to the submitted elevations.
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The Somerset Town Council voted to grant four variances for a renovation and second‑story addition at 5400 Trent, concluding a public hearing in which neighbors raised stormwater concerns and council members debated whether the decision would create a precedent for future variances.
Applicant Glenn (recorded in the hearing as Glenn Metchewski/McChesky) asked the council for permission to "build the second floor over the existing footprint" and to add a small rear addition and a modest front stoop and bay window. Staff told the council no building permit had been filed yet and said the lot is nonconforming under the town's established building line (EBL) calculation because one of the two comparator lots used in the EBL average has an unusually large setback, which inflates the EBL for this parcel.
The town attorney and planning staff explained the applicant’s options: remove nonconforming construction, seek retroactive approval for the as‑built elements, or obtain a variance and then complete full engineered building and stormwater plans. Staff emphasized that stormwater drainage and a building permit remain required before certain construction work can proceed.
Public commenters were split. Several neighbors (Perry and Liz Smith and others on Zoom) expressed support for Glenn and said the house had been vacant and in disrepair for years. One commenter noted prior litigation from 2007 involving stormwater at the property and urged the council to scrutinize stormwater details when plans are submitted.
During deliberations council members focused on three questions: whether the proposed additions (bay window and stoop) were necessary, whether granting the variances would set a problematic precedent, and whether the plan limited increases to impermeable surface. Councilmember 2 moved to grant the variances with conditions that the enlargement be limited (build up over the existing footprint with only a small rear addition and strict limits on increased impermeable area) and to require that the final permit and stormwater plan conform to the elevations and elements presented to the council. The motion was seconded and carried by voice vote; the transcript notes at least one recorded opposition but does not show a full roll‑call tally.
The council and town attorney noted that variance decisions are fact‑specific and not legally binding precedent for future councils, but acknowledged members’ concerns about consistency and recommended further work‑session discussion on the town’s variance standards.
Next steps: the applicant must file full building permit plans, including an updated stormwater management plan, for staff review and council condition compliance before any restricted elements may proceed.

