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Minutes of Zoning Board of Appeals, 11/15/2016

AGENDA: Zoning Board of Appeals

RECEIVED 11/17/2016 1:20pm

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TOWN OF REDDING
ZONING BOARD OF APPEALS
MEETING MINUTES
NOVEMBER 15, 2016—7:30 P.M.
TOWN HALL HEARING ROOM

Present:
Beth Williams, Chairman
Henry Polio, Secretary
Noel Cooke
Bruce Given
Jill Cilo, Alternate

The meeting was called to order at ­­­­7:31 pm.

The Board members welcomed new Alternate member, Jill Cilo.

APPROVAL OF ZONING BOARD OF APPEALS MINUTES:
Upon the Motion of Mr. Cooke and second of Mr. Given, the September 20, 2016 Zoning Board of Appeals Meeting Minutes were approved (5-0) by the Board.

REGULAR APPLICATIONS:
Application #16-10-01 – 148 Gallows Hill Road – Owner: Timothy A. Anderson (Map #54 & Lot #S-6). 
Request a variance to reduce side yard setback to 31 feet for construction of deck and stairs behind garage.  Section 4.6.5 of the Redding Zoning Regulations requires 40 foot setback from the side.  Variance requested is 9 feet.  Postponed from October 18, 2016.

Mr. Timothy Anderson presented the application to the Board.  He noted that questions were raised during the hearing of the first application on September 20, 2016 for variance regarding the Certificate of Occupancy (C.O.) for the existing structure, to which the deck and stairs will be attached.  He explained that while the structure was completed many years ago the C.O. was only recently requested in 2014.  Mr. Anderson noted conformance to lines and setbacks were given sight approval by a Town Official prior to pouring but it was determined by Tom Gormley after the structure was completed to be non-conforming to the setback.   Mr. Anderson noted that at the time Gerry Casiello from the Zoning Board of Appeals expressed no issue with it although the application was denied as constructed without permission.  With the C.O. questioned at the last ZBA meeting of September 20, 2016, Mr. Anderson spoke with Zoning Enforcement Officer, Aimee Pardee, who in turn discussed the issue with Town counsel.  It was determined that as no legal action had been taken in three years that the structure would be non-conforming under Connecticut law with no additional variance required.

Mr. Anderson explained that proposed variance for construction of deck and stairs behind the garage is to provide outside egress to the garage as well as improved egress for safety.  Currently, the stairs are enclosed in the garage.  He noted that over the past five years the free-standing vinyl and aluminum shed behind the garage had collapsed twice due to the weight of snow.  He noted that the land is situated on a downward slope completely obscured by trees.  Mr. Anderson read a letter of support into the record from his neighbor Gerry Casiello.

Ms. Williams indicated that the ability to store things is not a hardship.  Mr. Polio indicated that if the hardship was for egress in the event of a fire that perhaps just stairs alone may be appropriate, and not deck and stairs.  Mr. Anderson indicated the purpose would also benefit the issue of replacing the temporary storage structure in the future.  Mr. Given inquired about moving the deck nine feet, decreasing the size, within the setback and therefore not expanding the non-conformance.  Mr. Anderson indicated that it would be substantially smaller.  Ms. Cilo inquired as to the size of the garage and the deck.  Mr. Anderson noted the garage is 24 feet by 24 feet, standard size with 2 bays, and the proposed deck is 12 feet by 24 feet with items stored underneath.  Ms. Cilo asked if it was the shed structure that had been getting crushed.  Mr. Anderson confirmed.  Ms. Cilo inquired if the gravel driveway noted on the survey still existed.  Mr. Anderson confirmed.

Upon motion of Mr. Given and second of Mr. Cooke, the Board voted to enter deliberative session at 7:47 p.m.

DELIBERATIVE SESSION:
Application #16-08-01 – 148 Gallows Hill Road –
Upon motion of Mr. Polio and the second of Mr. Cooke, the Board voted 5-0 to deny the request for variance for deck and stairs due to lack of hardship.

Upon motion of Mr. Cooke and second of Mr. Given, the Board voted to exit deliberative session at 7:49 p.m.

ADJOURNMENT
The Board voted unanimously to adjourn at 7:50 p.m.

These minutes have not been approved by the ZBA.

Submitted by klg 11/17/16