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Minutes of Zoning Board of Appeals, 02/17/2015

AGENDA: Zoning Board of Appeals

RECEIVED 02/19/2015 4:09pm
Michele R. Grande – Redding Town Clerk



Beth Williams, Chairman

Bruce Given

Colleen Litof

Heather Whaley, Alternate

Noel Cooke, Alternate


Henry Polio

Scott Smith

The meeting was called to order at 7:30 p.m.

The Chair designated alternate Heather Whaley and alternate Noel Cooke to act in place of Henry Polio and Scott Smith, respectively.


Upon the Motion of Mr. Given and second of Ms. Whaley, the January 20, 2014 Zoning Board of Appeals Meeting Minutes were approved (5-0) by the Board.


Continued from the meeting of January 20, 2014:

Application 15-01-01 – 3 Side Cut Road – Owner: Barry N. Finch (Map #12 & Lot #17) Agent: Michael J. Mazzucco 19A Ta’Agan Point Rd. Danbury CT: ~

Requesting variances to:

(a) ~Section 4.3.1(b) of the Redding Zoning Regulations regarding permitted accessory use: total floor area of apartments not to exceed 30% of the developed floor area on the same site, (existing condition) convert 1 existing 3 bedroom and 1 existing 2 bedroom apartment (nonconforming) to 5 conforming ~1 bedroom apartments no larger than 1000 sq.ft. each from 30.5% existing to 43.7% of the developed floor area.

(b) Sections 4.3.1 (b) and 5.6 to reduce parking requirements to allow for shared parking during noncompetitive time with lst floor business. ~

(c) Section 4.6.5 of the Redding Zoning Regulations to reduce side yard setback from 15’ to 0’.

Mr. Michael Mazzucco, Licensed Professional Engineer, presented the application to the Board.  The Applicant, Barry Finch, was also present.  Mr. Mazzucco submitted a fully executed licensing agreement between Barry Finch and the Bureau of Public Transportation to the Board members for the record.  Mr. Finch explained that this agreement gives license to Mr. Finch for the use of the right-of-way property owned by the DOT for an annual fee of $450.00.   Mr. Mazzucco indicated that there were 32 parking spaces within the property lines, which satisfies the zoning requirements, therefore eliminating the need for a parking variance.  It had already been determined that the side yard setback has always been zero, prior to current zoning regulations, and given the nature of the site this cannot be changed.

Mr. Mazzucco submitted updated plans to the Board members outlining the corrected square footage of the proposed second floor apartments.  The total square footage of the units, subtracting allowances for stairwells and corridors is 3090 square feet (40.6% of developed space) and not 3506 square feet as previously noted.   Mr. Given inquired if a studio is included in the square footage.  Mr. Mazzucco indicated that it was included along with 4 one-bedroom units.

Ms. Williams confirmed with Mr. Finch that the previous first floor use of a restaurant was being abandoned and that the use would be one large unit for office or gallery space and specifically not restaurant or residential units.  Ms. Williams noted that should the intention of the first floor be a restaurant at a later date then site changes such as public water and sewer systems would need to be in place and a new variance requested.

Ms. Williams read two emails addressed to Aimee Pardee, Redding Zoning Enforcement Officer, from Kevin Waugh, Office of Rail, DOT, into the record:

(1)  The email dated July 16, 2014 indicated that Mr. Waugh had met with Mr. Finch and both parties agreed to a licensing agreement for the access and use of the abutting State property along with coordination of construction with Metro-North for safety    concerns.  Mr. Waugh indicated that the Office of Rail had no further objections to the proposed renovation/construction at 3 Side Cut Road.

(2)  The email dated February 5, 2015 reiterated that while there had been objections to the proposed project at 3 Side Cut Road an agreement between the parties was forthcoming and, therefore, the Office of Rail did not have any objections to the proposed renovation/construction.

Upon motion of Mr. Given and second of Ms. Whaley, the Board entered Deliberative Session at 7:49 p.m.


Application 15-01-01 – 3 Side Cut Road – Owner: Barry N. Finch (Map #12 & Lot #17) – Upon motion of Mr. Given and the second of Ms. Litof, the Board voted 5-0 to grant the requested variances for the proposed renovation/construction under the stipulation that the first floor use will be office or gallery space (specifically not restaurant or residential), along with adherences to the safety concerns as determined by the Office of Rail DOT.

Upon motion of Mr. Given and second of Mr. Cooke, the Board voted to exit deliberative session at 7:56 p.m.


The Board voted unanimously to adjourn at 7:56 p.m.

These minutes have not been approved by the ZBA.

Submitted by klg 2/19/15

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