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Minutes of Zoning Board of Appeals, 06/19/2018

AGENDA: Zoning Board of Appeals

RECEIVED 06/21/2018 3:47pm
Michele R. Grande – Redding Town Clerk

Zoning Board of Appeals Meeting
Tuesday, June 19th, 2018
7:30PM
Town Hall Hearing Room

Present:

Beth Williams
Jill Cilo
Jenifer Wyss
Noel Cooke
Daniel Barrett

  1.  Call meeting to order

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

  1. Approval of March 20th, 2018 Zoning Board of Appeals Meeting Minutes & Motions

Mr. Cooke made a motion to approve the Zoning Board of Appeals meeting minutes and motions from March 20th, 2018. Ms. Cilo seconded the motion. The vote was unanimous, and the motion passed.

  1. Application #18-06-01- 6 Long Ridge Road (Map #59 & Lot #6) – Owner J. Florian Spiekermann

Variance requested for relief of requirement Section 5.4.5.5 “Provisions for flood hazard reduction” subsection 5.3(c) that requires certification of the plan new construction, substantial improvements and other developments shall be permitted unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice, that encroachments shall not result in any increase in the flood levels during the occurrence of the base flood discharge.

Ms. Williams began the discussion by reading the Provisions for flood hazard reduction subsection 5.3c.  Mr. Spiekermann described the nature of his property and his request for relief. Ms. Williams asked why they wouldn’t consult an engineer. Mr. Spiekermann explained the research he conducted himself.  Mr. Cooke asked for clarification about flooding. Ms. Cilo asked about obtaining an engineer’s assessment. Mr. Spiekermann said he is an engineer but not an hydraulic engineer.  Mr. Cooke brought up the regulations in place and demonstration of how the stream’s flow would be affected. Mr. Cooke explained that he doesn’t think the board has the authority to supersede these regulations absent an opinion of a hydraulic engineer. and that Mr. Spiekermann hasn’t demonstrated hardship.  Mr. Spiekermann stated that his plan is very clear and referenced historical information and FEMA regulations. Ms. Cilo asked about the driveway. Mr. Barrett asked about the engineer again.

Application #18-06-02- 9 Iris Lane (Map #23 & Lot #126) – Owner Phyllis Magnussen-

Request for a variance to reduce side yard setback from 40’ feet to 37’ feet to install a standby generator. The variance requested is 3’ feet in relation to 4.6.5 of the Redding Zoning Regulations.

Phyllis Magnussen described Iris Lane and the nature of the lots on it. She explained how the lot size limits where the generator can be placed due to septic and well placement as well as her existing deck. Ms. Williams noted that the house is a preexisting, nonconforming property built before the zoning regulations were written and the setback requested was smaller than the existing bump-out which is closer to the sideline setback than the area where the generator would be placed.  Ms. Cilo asked where the generator would be placed, either parallel or perpendicular to the width of the house. Ms. Magnussen stated it would be parallel to the deck in order to comply with fire codes.

Mr. Cooke made a motion to move to the deliberative session. Ms. Wyss seconded the motion. The vote was unanimous, and the motion passed.

  1. Deliberative session:

Application #18-06-01

Mr. Cooke made a motion that Application #18-06-01, 6 Long Ridge Road, be denied their request for variance due to a lack of demonstrated hardship. Ms. Wyss seconded the motion. The vote was unanimous, and the motion passed.

Application #18-06-02 Deliberation:

Ms. Cilo made a motion that Application #18-06-02, 9 Iris Lane, request for a variance to reduce side yard setback from 40’ feet to 37’ feet to install a standby generator, be approved because of proof of demonstrated hardship in the pre-existing nonconforming property. The variance does not increase the existing nonconforming. Ms. Wyss seconded the motion. The vote was unanimous decision. The motion passed.

  1. Adjournment

Ms. Williams adjourned the meeting at 8:00PM.

Submitted by,
Zachary Smith