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Minutes of Zoning Board of Appeals, 04/16/2013

AGENDA: Zoning Board of Appeals

RECEIVED 04/22/2014 8:30am
Michele R. Grande – Redding Town Clerk

Minutes

Present:
Michael Thompson, Chairman
Beth Williams
Henry Polio
Bruce Given, Alternate
Paul Scholl, Alternate

Absent: Robert Morton; Colleen Litof

The meeting was called to order at 7:44 p.m. The Chair designated alternate members Bruce Given and Paul Scholl to act in the place of Robert Morton and Colleen Litof.

APPROVAL OF ZONING BOARD OF APPEALS MINUTES:

Upon the Motion of Mr. Polio and second of Mr. Given, the February 19, 2013 Zoning Board of Appeals Meeting Minutes were approved unanimously (5-0) by the Board.

REGULAR APPLICATIONS:

Application 13-16-01 – 20 Deacon Abbott Road – Map 22 & Lot 71 – Owners: Joshua & Emily Kilbourn – Requesting a variance to reduce the side yard setback to 29’.2” feet for an addition to an existing home with a pre-existing nonconforming setback is 30’.9” feet. Section 4.6.5 of the Redding Zoning Regulations requires a 40’ side yard setback in the R-2 Zone.  The variance requested is 10’.10” feet.

Mr. and Mrs. Kilbourn, owner of 20 Deacon Abbott Road, presented the application to the Board.  The request for reduction of side yard setback of 1.7 feet from the pre-existing nonconforming setback of 30.9 feet (in total 10.10 feet from the 40 foot side yard setback) is to accommodate an “in-law” apartment to be constructed roughly in the footprint of the existing garage.  The location of the additional footage in the side yard is due to the topographical nature of the alternative sides with a rock ledge and significant slope, along with the location of the septic system. Since the intended occupants of the ‘in-law’ apartment require the use of a wheelchair at grade level, the side yard affords the flattest level on the site.  Mr. Kilbourn also presented photos of the property to the Board.  Chairman Thompson indicated that he had previously discussed the application with Mr. Flanagan, Zoning Enforcement Officer, who expressed that he did not have issue with the variance requested as it was for a minimal amount of relief and because the house conformed to existing set back requirements when it was constructed.

Application 13-16-02 – 18 Goodridge Road – Map 17 & Lot 25 – Owner: Mark S. Rothbaum, 15 Goodridge Road – Requesting two variances: 1) To reduce the front yard setback to 33’ feet for a residential power generator; 2) To reduce the front yard setback to 25’ for a 100 gallon propane tank.  Section 4.6.5 of the Redding Zoning Regulations requires a 50’ front setback in the R-2 Zone.  The variances requested are: 1) [regarding the generator] 17’ feet for the front yard; and 2) [regarding the propane tank] 25’ feet for the front yard.

Mr. Arthur Reilly of Northeast Generator presented the application to the Board on behalf of the owner.  Mr. Reilly reviewed site maps of the property with the Board and discussed the proposed locations of both the 11kw power generator and 100-gallon propane tank.  The variances requested are due to the limited depth and narrowness of the lot and the rock ledge at the rear of the property.  Chairman Thompson indicated that he had visited the property site and confirmed that there is a rock ledge at the rear of the property creating a topographical hardship.  Mr. Polio questioned Mr. Reilly if there was room to move the generator approximately 10 feet within the setback in order to minimize the variance needed and Mr. Reilly indicated it was possible to do so, at 45 feet.  Mr. Given asked Mr. Reilly if there was room to move the propane tank to also minimize the setback needed, and also discussed the size of the propane tank.  Mr. Reilly believed that it would be possible to move the tank as well.

Upon motion of Mr. Given and second of Ms. Williams, the Board entered Deliberative Session at 8:07 p.m.

DELIBERATIVE SESSION:

Application 13-16-01 – 20 Deacon Abbott Road – Map 22 & Lot 71 – Owners: Joshua & Emily Kilbourn – Upon motion of Mr. Polio and second of Mr. Given, the Board voted 5-0 to grant the application for side yard variance setback of 1”7” to 29.2 feet for the expansion of the existing home based on the minimal relief requested and the topographical hardship presented by the pre-existing non-conformity of the property.

Application 13-16-02 – 18 Goodridge Road – Map 17 & Lot 25 – Owner: Mark S. Rothbaum, 15 Goodridge Road – Upon motion of Ms. Williams and second of Mr. Scholl, the Board voted 5-0 to approve the application for a variance of 5 feet for the front yard setback for the installation of both a power generator and 100-gallon propane tank based upon the hardship that is created by the limited lot size and topographical issues on the property.

Upon motion of Mr. Given and second of Ms. Williams, the Board voted to exit deliberative session at 8:11 p.m.

ADJOURNMENT

The Board voted unanimously to adjourn at 8:12 p.m.

These minutes have not been approved by the ZBA.

Submitted by klg 4/20/2013