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Minutes of Zoning Board of Appeals, 12/16/2014

AGENDA: Zoning Board of Appeals

RECEIVED 12/18/2014 5:07pm
Michele R. Grande – Redding Town Clerk

Minutes

Present:

Beth Williams, Chairman
Henry Polio, Secretary
Bruce Given
Scott Smith
Trevor Furrer, Alternate

Absent:

Coleen Litof

The meeting was called to order at 7:28 p.m.

The Chair designated alternate Trevor Furrer to act in place of Coleen Litof.

Ms. Williams noted that Application 14-11-01 for 28 Old Field Lane will not be heard due to request from Applicant’s attorney to postpone the matter until the January meeting.

APPROVAL OF ZONING BOARD OF APPEALS MINUTES:

Upon the Motion of Mr. Smith and second of Mr. Given, the November 18, 2014 Zoning Board of Appeals Meeting Minutes were approved (5-0) by the Board.

REGULAR APPLICATIONS:

Application: 14-11-01- 28 Old Field Lane – Owner: Laura Fiorilla ~(Map #15 & Lot #14) – Agent: Attorney Peter C. Hunt: ~~Appeal of Decision issued by the Zoning Enforcement Officer on September 18, 2014.

Appeal not heard; postponed until January 20, 2014 meeting.

Application: 14-12-01 – 138 Limekiln Road – Owner: John Paul Development (Map #7 Lot #44) 141 Spring Glen, Shelton, CT 06484 – Requesting a variance- ~

(a) ~Section 3.8(b) of the Redding Zoning Regulations reducing driveway site line from 250’feet to 120’feet. Variance requested is 130’ feet. ~

(b) Section 4.6.5 of the Redding Zoning Regulations reducing front yard setback from 50’feet to 32’ feet to fit roof over existing front porch. ~Variance requested is 18’ feet.

Mr. John Paul presented the application to the Board.  Heather Paul was also present and submitted photos of the property to the Board members.  Mr. Paul reviewed the site map and photos of the property with the Board members regarding the location of the proposed driveway and garage as it related to site line.  Currently, the site line is non-conforming.  Ms. Williams asked Mr. Paul if they planned to keep the driveway that currently exists on Ridgewood Road as well as the circular drive on Limekiln Road.  Mr. Paul indicated that the plan was to keep both.

With regards to the variance requested to reduce the front yard setback, Mr. Paul indicated that currently there are two different roof heights on the structure along the front-yard side: 6 feet, 10 inches and 8 feet.  The proposed plan is to have the entire roof line at 9 feet in height and extended to cover the existing porch.   Ms. Williams asked if the retaining wall and steps down were also to be covered.  Mr. Paul indicated they were not to be covered, only the flat area of the existing porch.

PUBLIC COMMENT:

Mr. Ted Ogonek of 10 Overlook Lane spoke in support of the Application for 138 Limekiln Rd.  He indicated that the property has been an eyesore for nine years and the proposed changes will be a major improvement to the neighborhood.

Application: 14-12-02 – 16 Rob Rider Road – Owner: Gary Carter (Map #6 Lock #29) – Requesting a variance to reduce side yard setback 15’ and 15’ feet rear yard setback for a 4’x8’ Shed. Section 4.6.5 of the Redding Zoning requires 40’ feet from the side and 50’ feet from the rear. ~Requesting a variance of 25’ feet from the side and 35’ feet from the rear.

Dr.  Gary Carter presented the application to the Board.  Dr. Carter indicated that he purchased the property at 16 Rob Rider Road in 2008 and at that time, the 4’ x 8’ shed was located in the neighbor’s property with pool equipment and was under a lawsuit from the previous owner.  Two years ago he contracted with S&S Landworks to move the shed onto his property and was erroneously advised by the contractor that the setbacks were 15 feet from both the rear and side yard property lines.  The shed remained in this location for two years and only recently the issue has been brought to light of the correct setbacks.  Dr. Carter reviewed the proposed plans with the Board members and discussed the topography of the property.  He indicated that if the shed was moved within the setback area there would be issue with trees as well as the surrounding rear yard ledge.  Ms. Williams indicated that she did a site visit prior to the meeting and noted various alternative locations throughout the property for the placement of the shed within Zoning Regulation required setbacks.

PUBLIC COMMENT:

Suneet and Pavlova Shah of 49 Whortleberry Road spoke against the proposed Application.  Mr. Shah voiced concern of the shed’s location to the proximity of his property line.  The shed is in view from the driveway and family room of his property.  Mrs. Shah provided photos of the shed to the Board members.  RESPONSE:  Dr. Carter stated that if the shed were placed within the setback measurements it would be also be in view from the Shah’s property.

Tony Mesa of 14 Rob Rider Road spoke against the proposed Application.  Mr. Mesa provided photos of the shed to the Board members.  Mr. Mesa voiced concern that the shed is currently located in the corner of the property adjacent to two neighboring lots.  He also raised concern regarding the accumulation of materials around the shed and states it is an eyesore for the corner area.  RESPONSE:  Dr. Carter stated that there are four pallets of blue stone located by the shed which is to be used for future construction of a patio within the setback area.  The materials are not located there permanently nor would he consider them to be an eyesore as they are not seen from walking around the streets in the neighborhood.

Mr. Shah stated again that the shed can be seen from his family room every day and is especially visible now that the leaves are cleared from the trees.

Sharon Mesa of 14 Rob Rider Road clarified that they never had a lawsuit against any neighbor.  She also commented that the shed recently had a trellis added to the roof.   REPONSE:  Dr. Carter stated his opinion that the trellis gave the shed a more stately appeal instead of a just that of a utility shed.

Upon motion of Mr. Smith and second of Mr. Polio, the Board entered Deliberative Session at 8:03 p.m.

DELIBERATIVE SESSION:

Application: 14-12-01 – 138 Limekiln Road – Owner: John Paul Development (Map #7 Lot #44) – Upon motion of Mr. Given and the second of Mr. Smith, the Board voted 5-0 to grant the request for variance as submitted to allow the variance to the site line (130 foot variance) as it  is  NOT a  well-traveled road, there is a straight clear view from both sides, and the current driveway is also a preexisting nonconforming siteline; and  the expansion of the roof over the existing porch (18 foot variance) continues the existing non-conformity.

Application: 14-12-02 – 16 Rob Rider Road – Owner: Gary Carter (Map #6 Lock #29) – Upon motion of Mr. Smith and the second of Mr. Polio, the Board voted 5-0 to deny the request for variance for lack of demonstrated hardship.

Upon motion of Mr. Given and second of Mr. Smith, the Board voted to exit deliberative session at 8:08 p.m.

ADJOURNMENT

The Board voted unanimously to adjourn at 8:08 p.m.

These minutes have not been approved by the ZBA.

Submitted by klg 12/18/14