TOWN OF REDDING
ZONING BOARD OF APPEALS
MEETING MINUTES
DECEMBER 19, 2017 – 7:30 P.M.
TOWN HALL HEARING ROOM
Present:
Beth Williams, Chairman
Noel Cooke
Bruce Given
Scott Smith
Jill Cilo
Daniel Barrett, Alternate
Chuck Cilo, Alternate
The meeting was called to order at 7:35 p.m.
APPROVAL OF ZONING BOARD OF APPEALS MINUTES:
Mr. Cooke requested a correction to the November 21, 2017 minutes, page 2 paragraph 5: “Mr. Cooke disagreed and indicated that the Statute says no local zoning ordinance or regulation can prevent conversion of any building into a condominium and therefore clearly a different circumstance of what is being discussed for this application which is the construction of a new building and subject to the zoning laws.”
Upon the Motion of Mr. Barrett and second of Mr. Smith, the November 21, 2017 Zoning Board of Appeals Meeting Minutes were approved (5-0) by the Board with the above-noted correction.
REGULAR APPLICATIONS:
Application #17-12-01 – 147 Cross Highway (Map #23 & Lots # 7,) – Owner: Nancy Burton/Estate of William H. Honan, Nancy Burton Executrix – Appeal of Cease & Desist Order issued by Zoning Enforcement Officer dated October 16, 2017 regarding keeping of animals in excess of the number allowed by right (Section 5.14 of the Zoning Regulations), parking of vehicles on premises that are not in regular off-premises use (Section 3.3, 4.2 (g), 5.3.9 (d) and 8.1.113 of the Zoning Regulations), and exterior storage of inoperable or abandoned property (Sections 5.3.9 (a) and (d) of the Zoning Regulations).
Request for variance of the Redding Zoning Regulations Section 5.14 to allow the keeping of twenty (20) adult goats and request to have until June 1, 2018 to reduce the current number of goats kept to twenty; also request to be allowed to keep one vehicle on site for storage as is presently prohibited by Sections 3.3, 4.2 (g), 5.3.9 (d) and 8.1.113 of the Zoning Regulations.
Ms. Nancy Burton presented the application to the Board. Ms. Burton noted that she has been a Redding resident for 32 years and has been involved with the Land Trust to have much of the land near her property permanently preserved. Ms. Burton indicated that she had rescued one goat in 2007, Katy, and over time with the adoption of other goats and the reproduction of the goats there is now a herd of goats. She noted that she has been trying to find good homes for the goats and indicated that they were not raised for commerce, but for science and education. In recent months, she has created signage, emails and flyers to vets and libraries in the effort of finding new homes for the goats. Ms. Burton explained that on Monday, December 18, 2017 she signed a contract with a 501c3 non-profit organization, Animal Nation, which has an animal sanctuary in South Salem, New York and a wide network of volunteers that can help find home for animals. Mr. Barrett asked how many goats are currently on the property and Ms. Burton indicated that originally the representative from the State Department of Agriculture gave an inaccurate count of 100 goats, but in reality there are 58 goats, adults and kids. In October, Ms. Burton presented a land management plan to the Zoning Commission in response to the Zoning Enforcement Officer’s Cease and Desist Order and was denied by the Zoning Commission at the November 8, 2017 meeting. Ms. Burton has continued her efforts for finding suitable home to relocate the goats but it is an extensive and challenging process to make sure that prospective homes have the proper fencing and housing that the goats require. Ms. Burton reached out to the State Veterinarian, Dr. Mary Jane Lis, via email for advice about maintaining goats on her property as well as moving goats to another property in Connecticut or out of state. She was advised that the goats must be ear-tagged in order to relocate them. Ms. Williams inquired as to how long it takes to get the ear tags and Ms. Burton noted that the tags were free from the Department of Agriculture and 25 tags were requested but never received. Ms. Williams asked if was permissible for the owner to tag the goats and Ms. Burton indicated yes. Ms. Williams inquired if the volunteers working with Animal Nation had the ear tags needed and Ms. Burton noted that they do but when arrangements were made to have 12 goats taken by trailer to the vet to be tagged she was informed by the State that the goats needed to be tagged prior to being transported on the trailer.
Ms. Burton wishes to ultimately have only nine goats but to do so in a quick manner is cruel to the animals; proper interviewing of prospective goat owners is a difficult process but necessary. She indicated that Animal Nation has a rigorous screening application process and has found homes for at least 20 goats to be adopted out by next week. Ms. Burton noted that other places had offered foster homes. Mr. Cooke and Mr. Given asked to confirm that the goat count will go down to nine with no intention of having a ‘goat farm’ and Ms. Burton confirmed. Ms. Williams inquired about the farm management plan and Ms. Burton stated that the application was denied as it was
reviewed under the assumption of 100 goats on the property.
With regards to the farm equipment located on the property, Ms. Burton noted that Connecticut is a right-to-farm State. Her son had various pieces of equipment delivered to her property, which included a backhoe/log splitter, two antique tractors with attachments and accessories such as plows and rakes and a trailer for maple syrup tapping. When approached by the Zoning Enforcement Officer regarding the equipment on the property not being operable Ms. Burton noted that she believed all of the equipment works but does not use it. Ms. Burton indicated that the backhoe/log splitter has been sold and the buyer will be picking it up at the end of the year (2017). She also noted that the rest of the equipment except for the maple syrup tapping equipment was also sold and is expected to be picked up by the buyers in January 2018. Ms. Burton would like to see the trailer for the maple syrup tapping be relocated to a place on her property where it would not be seen from the road as her family enjoys using it and she would like to keep it for their use. She hopes that the buyers of the farm equipment will assist her in moving the trailer when they pick up the equipment from the property.
With regards to the four cars located at the property, Ms. Burton indicated that one car was operable and is the one she currently uses. A Toyota Camry on the property was towed to a garage for repair and was registered and insured. A Land Rover on the property required evaluation from a garage for a pending sale. Ms. Williams asked if the Land Rover was registered and Ms. Burton noted it was not. A Jeep located at the front of the property had been designated by Ms. Burton as an unofficial storage for grain delivery, food for the animals. She indicated that the vehicles are not ‘junk’ as noted in the Zoning Regulations and either are operable or can be operable with repairs. Ms. Burton would like to keep the Jeep which is a convenient way for her to receive the grain for the animal especially during winter months when there is snow. Ms. Williams asked if the vehicles were registered and Ms. Burton indicated that they were not registered. Ms. Williams asked if property taxes were being paid on the vehicles and Ms. Burton indicated property taxes were not being paid on unregistered vehicles.
Ms. Aimee Pardee, Zoning Enforcement Officer, expressed to the Board that the Zoning Board of Appeals has the authority to hear and decide on appeals applications to the extent that if they should find the ZEO made a Cease and Desist Order in error the Board may overturn it but that the Board does not have the authority to delay the Order. Ms. Pardee also noted that in regards to variance approval, an approval of such goes with the property not only now but for the life of the property.
Ms. Pardee indicated that her first contact with Ms. Burton was on August 7, 2017 with a Cease and Desist Order issued on October 16, 2017 requesting compliance within 10 days. Ms. Pardee noted that it was never the intention of the Town to send the goats to slaughter and understands that it is a long process but nevertheless the property ultimately needs to be brought into compliance with Zoning Regulations and as such the Cease and Desist Order was issued. Ms. Pardee noted that there is no need to grant time as the process will stop as soon as the property is brought into compliance. Ms. Pardee noted that the representative from the Department of Agriculture inspected the property on Friday, December 14, 2017 and found there to be 59 goats. In regards to the personal property it is up to the Board’s interpretation of the regulation on operable versus inoperable, but Ms. Pardee noted the personal property had not been moved on the property for some time. Mr. Smith asked if the Town has the power to fine a resident for noncompliance and Ms. Pardee indicated that only the courts have the power to fine.
Ms. Lia Albo, a new resident to Redding, and long-time animal rescuer committed to the welfare of animals, spoke in support of Ms. Burton. Ms. Burton contacted Ms. Albo through a flyer posted at the library and located Animal Nation to assist in relocating the goats. Ms. Albo confirmed that Ms. Burton signed a contract with Animal Nation for three months and will be able to relocate goats as early as tomorrow. There are three vets involved through Animal Nation, two in Norwalk and one in Westport. They expect to move 20 goats this week. The ultimate goal is for there to be no more than 9 goats on the property and that they not breed. Ms. Burton has agreed to the terms. The male goats will be neutered. It was noted that there were a number of pregnant goats now but there are prospective rescuers who would be interested in a goat expecting a litter. Some additional time is needed to make sure the goats are adopted to proper homes.
Mr. Dennis Gibbons, an adjacent neighbor on Cross Highway since 2002, noted that in the recent two to three years when the goat population on Ms. Burton’s property exploded it has caused a decrease in property value and his peace of mind and domestic tranquility has suffered. He indicated that the goats were a nuisance and quite noisy. Mr. Gibbons also noted to the Board that over the past two years there has been plan after plan after plan to relocate the goats and each time it has fallen through. He inquired if over the past two to three years any goats had left the property and Ms. Burton had noted there was the intention to move 20 goats to Vermont last year but that plan fell through.
Application #17-12-02 – 13 Mountain Road (Map #41 & Lot #96) Owner: Branchville LLC, 42 Riverside Avenue, Westport, CT 06880 – Agent: Jeffrey McDougal William W. Seymour & Assoc. P.C. 170 Noroton Ave. Darien CT 06820 – Request for a variance to allow two driveways to be constructed on a narrow piece of property located in Redding to access two lots being created in Ridgefield. Redding Zoning Regulations Sections 3.3, 4.2.1.
Mr. Jeffrey McDougal of William W. Seymour & Assoc. P.C. presented the Application to the Board. The proposed plan is to allow two driveways to be constructed on a narrow piece of property located in Redding to access two lots being created in Ridgefield. Mountain Road is the entry point for the driveway and is the only means of access to the lots crossing the border to Ridgefield. The hardship running with the land is the unusual configuration of the property with land in two towns and the difficult terrain on the westerly side of the property in Ridgefield precluding the placement of driveways accessing the property from Ridgefield. Mr. McDougal reviewed the survey map with the Board and pointed out the proposed driveway location and topographical hardships. Ms. Williams asked if the proposed driveway location on Mountain Road is the only way to access the lots and Mr. McDougal indicated yes due to the terrain as there is a steep cliff on the Ridgefield side. Mr. Given asked to the size of the lot in Redding and Mr. McDougal noted it was ¾ acre lot attached to lot 1 in Ridgefield with an easement to access lot 2. The lot in Redding would not be subdivided and is unbuildable. Mr. Cooke asked if all sight lines and setbacks were in compliance with the regulations and Mr. McDougal indicated they were.
Upon motion of Ms. Cilo and second of Mr. Cooke, the Board voted to enter deliberative session at 8:49 p.m.
DELIBERATIVE SESSION:
Application #17-12-01 – 147 Cross Highway (Map #23 & Lots # 7,) – Owner: Nancy Burton/Estate of William H. Honan, Nancy Burton Executrix – Upon motion of Mr. Cooke and the second of Mr. Smith, the Board voted 5-0 to deny the request to vacate the Cease and Desist Order and uphold the Cease and Desist Order issued by the Zoning Enforcement Officer and deny the variance request for the keeping of a vehicle for storage purposes on the property. Ms. Williams noted that for voting purposes the five seated members, Jill Cilo, Noel Cooke, Scott Smith, Beth Williams and Bruce Given, voted.
Application #17-12-02 – 13 Mountain Road (Map #41 & Lot #96) Owner: Branchville LLC, 42 Riverside Avenue, Westport, CT 06880 – Agent: Jeffrey McDougal William W. Seymour & Assoc. P.C. 170 Noroton Ave. Darien CT 06820 – Upon motion of Mr. Smith and the second of Mr. Given, the Board voted 5-0 to grant the variance requested for two driveways to be constructed on a narrow piece of property located in Redding to access two lots being created in Ridgefield due to topographical hardships.
Upon motion of Mr. Given and second of Mr. Cooke, the Board voted to exit deliberative session at
8:59 p.m.
ADJOURNMENT
The Board voted unanimously to adjourn at 8:59 p.m.
These minutes have not been approved by the ZBA.
Submitted by klg 12/21/17