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Minutes of Zoning Board of Appeals, 03/20/2018

AGENDA: Zoning Board of Appeals

RECEIVED 03/22/2018 9:01am
Kathleen R. Miserendino - Redding Deputy Town Clerk

March 20, 2018 – 7:30 P.M.

Present:    Beth Williams, Chairman, Noel Cooke, Jill Cilo, Scott Smith, Jenifer Wyss, Daniel Barrett, Alternate

The meeting was called to order at 7:29 p.m.

Ms. Williams noted the Board members seated for deliberation:  Mr. Cooke, Ms. Williams, Mr. Smith, Ms. Wyss and Ms. Cilo.  Mr. Barrett was available to make inquiries regarding the application but would refrain from voting.

Upon the Motion of Mr. Smith and second of Mr. Cooke, the February 20, 2018 Zoning Board of Appeals Meeting Minutes were approved (5-0) by the Board.

Application #18-03-01- 42 Fire Hill Road (Map #18 & Lots # 46)  -Owner 42 Fire Hill LLC –Applicant David Fargnoli, 14 East Lane, Stamford, CT 06905 – Request for variance to reduce side yard setback from 40’ to 30’ for a Garage  4.6.5 of the Redding Zoning Regulations requires 40’ side yard setback.  Variance requested is 10’ feet.

Mr. David Fargnoli, an interested buyer of the property at 42 Fire Hill Road, presented the application to the Board.  He indicated that there is no garage on the property at present and that the property has been on the market for over two years.  Mr. Fargnoli noted that the property is less ‘marketable’ without a garage.  He noted that the request for variance is for a garage with approximately 13% of the structure within the side setback and approximately 87% within the allowable space on the non-conforming lot.

Ms. Kate Sheahan of 40 Fire Hill Road, the adjacent neighbor, raised questions and concerns about the proposed garage.  She inquired about the height and size of the garage and whether it was to be a 2-car or 3-car garage, with or without living space.  Ms. Sheahan was concerned about exterior flood lighting pointing toward her home, as well as drainage issues from the water run-off from the front and back of the structure, and increasing the impervious coverage.  She noted there has been ongoing drainage issues from the property which she indicated damaged the stone wall on her property requiring repair multiple times.   Ms. Sheahan asked about the dimensions of the footprint and was concerned about the overall impediment to her property.  Ms. Williams noted that the footprint was 24’ x 36’.  Mr. Fargnoli indicated that the height was not determined as yet as he had not retained an architect but expects the garage to be approximately 17 feet in height, single story, with no living space above.  He noted that the property’s septic system is only rated for three bedrooms and he would not wish to have it changed.  With regards to exterior lighting, Mr. Fargnoli noted understanding of Ms. Sheahan’s concerns and assured her that there was no intent to have projected flood lighting on the structure as it would not be necessary.  Mr. Fargnoli indicated he could not speak to the issue of water run-off as that is a construction issue but he expects that appropriate drainage would be put in place.  Mr. Fargnoli also noted that the proposed location for the garage is on the side of the property opposite to Ms. Sheahan’s, furthest from her property.

Mr. Barrett asked if it was to be a 3-car garage, and Mr. Fargnoli indicated that it was a 3-car garage, 24’ x 36’, as a 20’ x 24’ (2-car) garage would not be deep enough or practical.  Mr. Barrett reviewed the survey map with Mr. Fargnoli regarding possible placement locations for a 2-car garage vs. 3-car garage by moving it closer in front of the house as a 2-car garage could possibly be within the setback.  Mr. Fargnoli agreed but indicated that a 2-car garage was not very deep and that 22’ x 24’ was standard size.  He also noted that moving it more in front of the house brought it closer to the septic area and caused issue with the front yard setback.

The Board members reviewed a handout provided from Ms. Aimee Pardee, the Redding Zoning Enforcement Officer, of the history of the property and previously requested variances in 2007 and 2014.  Mr. Smith noted that the requested variance in this Application was not different from the variance requested at the Zoning Board of Appeals meeting on July 15, 2014, which had been denied at that time.

Ms. Jennifer Land, a realtor with Coldwell Banker, noted that while a variance was previously requested it was done so by a builder/investor whereas Mr. Fargnoli applied in good faith as a potential homebuyer to make Redding his home and be a part of the Redding community.

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

Application #18-03-01- 42 Fire Hill Road (Map #18 & Lots # 46)  -Owner 42 Fire Hill LLC – Upon motion of Mr. Cooke and the second of Mr. Smith, the Board voted 5-0 to deny the requested variance for Application #18-03-01 for lack of demonstrated hardship.

Upon motion of Mr. Cooke and second of Mr. Smith, the Board voted to exit deliberative session at 7:52 p.m.

The Board voted unanimously to adjourn at 7:52 p.m.

These minutes have not been approved by the ZBA.

Submitted by klg 3/22/18