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Minutes of Zoning Board of Appeals, 01/20/2015

AGENDA: Zoning Board of Appeals

RECEIVED 01/22/2015 1:06pm
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 7:35 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 December 16, 2014 Zoning Board of Appeals Meeting Minutes were approved (5-0) by the Board.


Application: 14-11-01- 28 Old Field Lane – Owner: Laura Fiorilla (Map #15 & Lot #14) – Agent: Attorney Peter C. Hunt: ~~Appeal of Decision issued by the Zoning Enforcement Officer on September 18, 2014.

Appeal withdrawn by Applicant.   Ms. Williams read the letter of withdrawal into the record.

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, and his attorney, Joseph Egan, were also present.  Mr. Mazzucco indicated that this application is similar to that originally submitted and presented on June 17, 2014 to the Zoning Board of Appeals.  He indicated that the measurement and total square footage in this new plan are less than in the original plan, accommodating for 5 units with one bedroom each.  These five new units would be replacing the current existing 2 units (one 3-bedroom unit and one 2-bedroom unit).  Mr. Mazzucco presented a drawing of the first floor and second floor footprint of the dwelling to the Board.  The drawing did not detail specifics of the apartment sizes or locations in the second floor.  He indicated that the overhang on the side facing the railroad track would be removed.

Mr. Mazzucco stated that the Department of Transportation was advised of the proposed plan and was agreeable although they requested a fence be installed on the side of the property adjacent to the railroad tracks for safety purposes.  Necessary licensing for parking space overlapping the railroad property is pending.  Mr. Finch stated that the Department of Transportation would have sent an email indicating this approval.  Ms. Williams verified that per conversation with Jean Winters no letter or email had been received from Kevin Waugh or the Department of Transportation.  Ms. Williams was advised that Mr. Finch was to bring the latest correspondence from the Department of Transportation. Mr. Finch indicated that he did not bring such correspondence.  Ms. Williams indicated that the only letter from the Department of Transportation on file is from the meeting of June 17, 2014 which strongly objects to the proposed Application and suggested that the meeting be continued until a response from the Department of Transportation is in hand.  Mr. Given concurred. Mr. Finch agreed.

It was decided that the board would further review the application during this hearing to identify any other information that would be necessary or helpful in making a decision during the next scheduled ZBA meeting.  Mr. Mazzucco continued the presentation of the drawings indicating that the use of the first floor would also be changed from a restaurant to a medical arts or cultural arts commercial space.  This change in conjunction with the 5 units on the second floor will have less impact on the septic with less water used overall.  Ms. Williams stated that water and septic use was not really a Zoning matter.  Mr. Finch confirmed the proposed future use of the first floor space. Mr. Mazzucco reviewed plans of the second floor layout of the units with the Board members.  However, the Board members did not have a copy of such detailed layout.  The layout showed proposed plans for 4 one-bedroom units and 1 studio space.  Ms. Litof commented that the plan was identical to that proposed at the meeting of June 17, 2014.  At that time specific details for the apartment and studio layout were requested.  Mr. Given concurred and stated that the details and use of the fifth studio/apartment need to be outlined.

Ms. Williams inquired as to how many square feet are occupied by the current two apartments.  Mr. Mazzucco indicated it was 1,983 square feet.   He stated the new apartments are 3,506 square feet in total, and not 5,000 square feet (1,000 square feet each).  Ms. Litof voiced concern that there are not specific details regarding the measurements of each apartment unit as well as concern regarding the issue of the studio space and use thereof.  Ms. Williams requested detailed plans for the next meeting, with specifics as to the square footage being requested in the variance.

Ms. Williams inquired as to how many additional parking spaces would be achieved when the licensing is complete.  Mr. Fitch indicated that there are already adequate parking spaces but licensing is required due to approximately 18 inches of the parking spaces overlapping the Metro North Railroad property.  Mr. Mazzucco indicated the parking requirements are two spaces per resident (10 spaces) plus 1 space per 250 feet of floor area (for businesses); the total number required is 25 parking spaces.

Mr. Joseph Egan, of Catoonah Street in Ridgefield, and representing attorney for Mr. Finch, stated that in terms of hardship the building has existed for years and believed to have been acquired from the railroad which has left no setback from the property line.   He indicated that by the overhang being removed it will make the building less non-conforming.  With the proposed changes, 5 one-bedroom units and first floor commercial space, there will be less impact on the septic with less water used overall.  Being familiar with the property, Mr. Egan believes the proposed plan is a major improvement over what exists now.

Ms. Williams inquired as to what the zoning classification is for this lot.  Mr. Mazzucco indicated it was ND.

Upon motion of Mr. Given and second of Mr. Cooke, the Board entered Deliberative Session at 8:13 p.m.


Ms. Williams stated that per Zoning Board of Appeals guidelines, in the case where there are alternates who were seated for a meeting where an appeal was continued, those alternates would be asked to continue the process, and be seated for the hearing and deliberation of the continued appeal at the next meeting.  Should anyone present at this meeting not be able to attend the next meeting, she asked that adequate notice be given to administration to allow for another board member to review the minutes and listen to the recording of the hearing to prepare to hear the continued appeal.  As well, if there are two alternate members present but one alternate member is sitting in but not deliberating that alternate would not be involved in the deliberation discussion for that session.

Application 15-01-01 – 3 Side Cut Road – Owner: Barry N. Finch (Map #12 & Lot #17) – Upon motion of Ms. Whaley and the second of Mr. Cooke, the Board voted 5-0 to continue the hearing for Application 15-01-01 to the next regular scheduled meeting of February 17, 2015.

Upon motion of Mr. Cooke and second of Ms. Litof, the Board voted to exit deliberative session at 8:18 p.m.


The Board voted unanimously to adjourn at 8:18 p.m.

These minutes have not been approved by the ZBA.

Submitted by klg 1/22/15