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Minutes of Zoning Board of Appeals, 12/20/2016

AGENDA: Zoning Board of Appeals

RECEIVED 12/22/2016 5:42pm

Notice: Trying to get property 'name' of non-object in /home/customer/www/ on line 46

DECEMBER 20, 2016 – 7:30 P.M.

Beth Williams, Chairman; Henry Polio, Secretary; Noel Cooke, Bruce Given; Scott Smith; Jill Cilo, Alternate; and Heather Whaley, Alternate (7:30 pm)

The meeting was called to order at ­­­­7:28 pm.

Upon the Motion of Mr. Cooke and second of Mr. Given, the November 15, 2016 Zoning Board of Appeals Meeting Minutes were approved (4-0) by the Board.   Mr. Smith abstained.

Application #16-12-01 –439 Redding Road –Owner Mark Twain Library (Map #29 & Lot #77)  – Agent Michael Lillis P.E. CCA LLC 40 Old New Milford Road Brookfield, CT.  Request for variance to increase MAXIMUM IMPERVIOUS AREA (percent of lot) to 34.53%.  A variance in conjunction with the 1996-2000 expansion was approved to 31.9%. Section 4.6 Line Item 9 of the Redding Zoning Regulations requires a maximum impervious area in the R-2 zone of 20%.   Variance requested is an additional 2.63%, to bring the total variance to 34.53%.

Mr. Michael Lillis of CCA, LLC presented the application to the Board on behalf of the Mark Twain Library.  Mr. Lillis indicated that his firm was retained by the library in 2013 to design a parking lot expansion.  Due to Redding’s population growth since 2000 and anticipated growth in years to come, the library was seeking to gain as much additional parking as possible.  In 2000, a variance to increase the maximum impervious area to 31.9% coverage was sought and granted.  Due to various hardships, including lot size, zoning setbacks, flood line, and topography, and mindfulness of drainage concerns, a permeable bituminous concrete pavement with an underlying course of crushed stone was used for the newly added parking spaces as well as replaced to the existing parking spaces for uniformity and drainage purposes.

Mr. Lillis indicated that the proposed expansion is due to a conversion to conventional bituminous concrete of the two busiest rows of parking spaces closest to the library entrance (spaces 35 through 48) due to deterioration of the permeable pavement in that area.  This expansion will also allow for approximately 20 additional spaces in order to keep up with the longevity and continuation of the mission of the library.

Mr. Lillis provided a large survey map to show the Board the designated parking areas affected by the pavement deterioration.  Mr. Polio inquired if there was another material that could be used instead of conventional bituminous concrete, such as concrete pavers, rock, or traditional stone.  Mr. Lillis explained the conventional bituminous concrete closely resembles the permeable pavement in place; asphalt would be a gray color and pavers would be either gray or brown but would pose a potential safety hazard as there is crushed stone between the pavers which would create an uneven surface.  Mr. Cooke noted that pavers may become loose and move with constant wear and tear.  Mr. Polio asked Mr. Lillis his opinion on the durability of pavers and Mr. Lillis noted that while pavers are made with steel and/or polymer fiber they are quite rigid but if not locked in properly they could move creating a safety hazard.  Dick Emerson, also present on behalf of the library, noted that safety is a high concern.

Mr. Given inquired if the parking area was converted to conventional bituminous concrete what would happen to the expected watershed run-off to the area of the permeable concrete.  Mr. Lillis explained that some water may run off to that area but there are catch basins and an underground cistern in place from prior utilization.                                                                       

Upon motion of Mr. Cooke and second of Mr. Given, the Board voted to enter deliberative session at 7:48 p.m.

Application #16-12-01 –439 Redding Road –Owner Mark Twain Library Upon motion of Mr. Smith and the second of Mr. Cooke, the Board voted 5-0 to approve the variance requested increasing the maximum impervious area to 34.53% due to hardship of lot constraints in size, flood line, wetlands, topography and setbacks.

Upon motion of Mr. Smith and second of Mr. Polio, the Board voted to exit deliberative session at 7:50 p.m.

Upon motion of Mr. Given and second of Mr. Polio, the Board voted to enter executive session at 7:51 p.m.

Approval of Regular Meeting Schedule for 2017 – Upon motion of Mr. Smith and second of Mr. Polio, the Board voted 5-0 to approve the 2017 meeting schedule.  Meetings will be held every third Tuesday of the month as necessary.

Discussion of ZBA fees – The Board members discussed a proposed Zoning Board of Appeals fee schedule as suggested by the Zoning Enforcement Officer, Aimee Pardee.  Application fees, State fees and legal notice fees were discussed and compared to fee schedules from surrounding Towns.  An additional “After the Fact” or Enforcement Appeals fee was discussed and should an Enforcement Appeal be granted by Board then the Application fee and Enforcement Appeals fee would be returned to the Applicant.  Various scenarios were discussed in relation to the proposed fee changes and the impact to the Applicant

There was quite an active discussion regarding the fees.  A few board members felt that $200 is quite a leap from the $100, and puts us in a tie with Easton for second highest fees.  The legal notice fee as written was not acceptable to several board members.  They felt if we are unable to field five board members the applicant shouldn’t be penalized financially for not wanting to take a chance on a unanimous decision.  Everyone but Trevor was present, including the other two alternates, and this lead right into a discussion of commitment to plan around and attend the scheduled meetings.

The revision to the fee schedule is as follows:

In the event that a meeting is cancelled due to weather conditions, or less than five members of the board are available, the legal notice fee for a rescheduled meeting will be paid by the town.  In the event that an applicant requests a hearing to be postponed, or fails to attend the scheduled meeting, all new legal notice costs will be paid by the applicant.

Ms. Williams explained that for the new rates to be considered the Board of Selectman will review, and if approved, the rates will go to a referendum vote.

Upon motion of Mr. Polio and second of Mr. Cooke, the Board voted 5-0 in agreement with the proposed fee schedule.  Ms. Williams, after making the editorial changes that were agreed upon, will contact Zoning Enforcement Officer, Aimee Pardee, to advise her of the changes and let her know that revised schedule of fees may be given to the Board of Selectman for review.

The Board voted unanimously to adjourn at 8:24 p.m.

These minutes have not been approved by the ZBA.

Submitted by klg 12/22/16

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