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Minutes of Zoning Board of Appeals, 04/21/2015

AGENDA: Zoning Board of Appeals

RECEIVED 04/23/2015 5:34pm
Michele R. Grande – Redding Town Clerk


Beth Williams, Chairman
Henry Polio, Secretary
Bruce Given
Colleen Litof
Scott Smith

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


Upon the Motion of Mr. Given and second of Mr. Polio, the February 17, 2015 Zoning Board of Appeals Meeting Minutes were approved (4-0; 1 abstained) by the Board.


Application 15-01-01 –39 Orchard Drive – Owner: Peter & Deborah Mygatt, ( Map#37 & Lot #40) – Section 5.12.3 (b) of the Redding Zoning Regulations regarding permitted accessory apartment shall not be more than 600 sq.ft.  Requesting a variance to allow existing dwelling on property to remain as accessory to new dwelling.  Existing dwelling total square footage 1,316 square feet: variance of 716 square feet requested.

Mr. Peter Mygatt presented the application to the Board. Jeff McDougal, Land Surveyor, was also present to explain the details of the structure and lots. Mr. Mygatt is requesting that the building’s pre-existing non-conformity be recognized and a variance granted for such that also gives consideration to the historic nature of the structure.

Ms. Williams received a letter from Diane Taylor of the Redding Planning Commission regarding this application (see attachment). The letter raised questions regarding the properties in question. ZBA commissioner Robert Given stated that ROLI (Redding Open Lands Inc.) had drawn up a subdivision plan but it was not submitted to any land use agency in the Town of Redding.   Applicant Peter Mygatt also indicated that he had NOT deeded a portion of the property to his daughter as the letter from the Planning Commission indicated.

Mr. McDougal indicated that it was originally two lots that were made more conforming with the recent property line changes.  Mr. McDougal indicated that the theater structure is to be only used as an accessory structure which has cooking facilities likened to a “pool cabana” type structure. Mr. Mygatt stated that the structure was never used as a residence. Mr. McDougal indicated that the theater areas, stage and balcony, encompass approximately 600 square feet of area. The remaining kitchen area, adjacent storage areas, sides of the stage, and downstairs bedroom and bath encompass approximately 716 square feet.

Ms. Williams questioned whether the intent was to change the current use of the structure. Mr. McDougal stated that the intent would not be changed. The structure would not be rented nor a permanent residence in the future.

Ms. Williams read the letter from the Planning Commission into the record.

Upon motion of Mr. Given and second of Ms. Litof, the Board entered Deliberative Session at 7:56 p.m.


Application 15-01-01 –39 Orchard Drive – Owner: Peter & Deborah Mygatt, ( Map#37 & Lot #40) – Upon motion of Mr. Smith and the second of Mr. Given, the Board voted 5-0 to grant application for variance of 716 square feet for a total of 1316 square feet for the hardship that the building is a historical theater building recognized by the Redding Town Historian Kathleen von Jena under the condition that the structure not ever be used as an income producing  or rental property and maintained in its current configuration, and the historical theater not be altered.

Upon motion of Mr. Given and second of Mr. Polio, the Board voted to exit deliberative session at 8:00 p.m.


The Board voted unanimously to adjourn at 8:00 p.m.

These minutes have not been approved by the ZBA.

Submitted by klg 4/23/15