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Minutes of Zoning Board of Appeals, 02/16/2016

AGENDA: Zoning Board of Appeals

RECEIVED 02/18/2016 8:39am
Michele R. Grande – Redding Town Clerk

Minutes

Present:
Beth Williams-Chairman, Colleen Litof, Bruce Given and Noel Cooke-Alternate

Absent:
Henry Polio-Secretary, Scott Smith

The meeting was called to order at 7:30 pm.

Ms. Williams noted that while a quorum was seated (4 members), any decisions made will need to be unanimous. The applicant has agreed to proceed.

APPROVAL OF ZONING BOARD OF APPEALS MINUTES:
Upon the Motion of Mr. Given and second of Ms. Litof, the January 19, 2016 Zoning Board of Appeals Meeting Minutes were approved (4-0) by the Board.

REGULAR APPLICATIONS:
Application 16-02-01 – 7 Olmstead Road – Owner: Kimberly Allyson (Map #11 & Lot #20):  Requesting a variance to reduce side yard set 23’ feet for a Generator.  Section 4.6.5 of the Redding Zoning Regulations requires 40’ feet from the side.  Variance requesting is 17’ feet.

Ms. Kimberly Allyson was in attendance and Mr. Steven Ferry, a contractor, presented the application to the Board.  Mr. Ferry indicated that during the initial walk through of the property he determined the best proposed location for the placement of the generator to be in the south east corner of the property due to topographical issues, limitations with lot size (0.37 acre) and adherence with safe guidelines for generator installation, along with being least obtrusive to neighboring properties.

Mr. Polio, Zoning Board of Appeals Board member, although not present, had previously visited the site and provided photographs to the Board members for review.   Mr. Ferry and the Board members reviewed various locations on the property within set back limits and Mr. Ferry noted the sloping topography in the side yard, the walkways and windows in the front yard, as well as windows and deck in the rear yard.  Mr. Ferry indicated that in the current proposed location the generator would be positioned with the exhaust pointing toward the wooded area at the property line.  He indicated that if the generator was positioned in the rear yard the exhaust would be pointed towards the deck that would cause an echoing noise which may be bothersome to neighbors.

Ms. Litof asked if the neighbors were informed of the proposed generator location.  Ms. Williams noted that all surrounding neighbors are notified as a part of application process.  Mr. Ferry read into the record and submitted two letters of support from the adjacent neighbors directly left and right of Ms. Allyson’s property at 59 Olmstead Road and 5 Olmstead Road.

Mr. Ferry also noted a hardship that Ms. Allyson is ill and that issues with power outages may cause concern for her care.  Ms. Williams explained that the Board may only consider hardships that relate to the property itself.

Ms. Williams inquired about the photo that detailed the front of the house but not in its entirety.  Mr. Ferry indicated that the portion of the residence to the left, not seen in the photo, was a single bay garage door.   Mr. Given asked if the generator could be flipped (turned) to give a reduced set back and Mr. Ferry explained that if the generator was flipped it would add an additional three feet due to the safety guidelines for the generator.

Mr. Given noted that the proposed location in the back corner would be the least obtrusive.  Mr. Ferry agreed and pointed out on the map the wooded area with stone wall.  Mr. Given asked who owned the adjoining property at the rear property line and Ms. Allyson indicated it was a horse farm and Mr. Ferry noted there were no horse trails near the property line.

Upon motion of Mr. Given and second of Mr. Cooke, the Board voted to enter deliberative session at 7:49 p.m.

DELIBERATIVE SESSION:
Application 16-02-01 – 7 Olmstead Road – Owner: Kimberly Allyson (Map #11 & Lot #20) –Upon motion of Mr. Given and the second of Mr. Cooke, the Board voted 4-0 to approve the variance of 33 feet from the rear set back line for placement of the generator due to topographical hardship and the non-conforming pre-existing lot size.

Upon motion of Mr. Given and second of Mr. Cooke, the Board voted to exit deliberative session at 7:53 p.m.

Mr. Cooke noted that the Motion should be modified as the side yard setback is also affected with the generator set 33 feet from the rear yard.  The Board members concurred.

Upon motion of Ms. Litof and second of Mr. Given, the Board voted to re-enter deliberative session at 7:55 p.m.

AMENDED MOTION:
Upon motion of Mr. Given and the second of Mr. Cooke, the Board voted 4-0 to approve the variance of 26 feet from the side yard and 33 feet from the rear yard setback line for placement of the generator due to topographical hardship and the non-conforming pre-existing lot size.

Upon motion of Ms. Litof and second of Mr. Cooke, the Board voted to exit deliberative session at 7:57 p.m.

ADJOURNMENT:
The Board voted unanimously to adjourn at 7:57 p.m.

These minutes have not been approved by the ZBA.

Submitted by klg 2/18/16