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Minutes of Zoning Board of Appeals, 03/16/2021

AGENDA: Zoning Board of Appeals

RECEIVED 03/22/2021 4:40pm
Michele R. Grande – Redding Town Clerk

Town of Redding
Zoning Board of Appeals Minutes
Tuesday, 3/16/2021 Regular Meeting
7:30PM Zoom

Filed subject to approval

Present:
Elizabeth Williams, Chair
Noel Cooke, Vice Chair
Scott Smith
Jill Cilo
Brian Matzke
Applicants

1. Call to Order.
Chair Williams called the meeting to order at 7:31PM.
Chair Williams stated the Zoning Board of Appeals has no alternates currently and is looking for candidates.

2. Approval of Tuesday, 1/19/2021 Zoning Board of Appeals Meeting Minutes and Motions.
MOTION:
Mr. Cooke made a motion to approve the minutes of the Tuesday, 1/19/2021 Zoning Board of Appeals meeting minutes and motions. Ms. Cilo seconded the motion. The vote was unanimous, and the motion carried.

3. Application #21-03-01 – 92 Marchant Road (Map #19 & Lot #30) – Owner Robert & Jennifer Smithers
Request for a variance to increase living space for an accessory dwelling from 800 sq. ft. to 1300 sq. ft. Town of Redding Zoning Regulations 5.12.5b. Variance requested is 500 sq. ft.

Bob Smithers addressed the ZBA.

Mr. Smithers stated the barn on his property needs to be repaired and modified to improve the property and add additional living space.

Chair Williams stated that the barn is too large for an accessory apartment and would have to be partitioned to arrive at the 800 sq. ft. allowed for an accessory apartment.

Mr. Cooke described the statutory requirements for a hardship.

Chair Williams read a letter from Paul and Laura Ruggiero. It will be submitted with the approved minutes for the record.

4. Application #21-03-02 – 4 Lamppost Drive (Map #5 & Lot #22) – Owner Mark & Elizabeth Gallo
Request for a variance to reduce side yard setback from 40’ feet to 10’ feet for a residential apartment. Town of Redding Zoning Regulations 4.6.5. Variance requested is 30’ feet.

Mark Gallo addressed the Zoning Board of Appeals.

Mr. Gallo discussed his desire to add an apartment to the property and the pre-existing non-conformity of the property.

Chair Williams asked Mr. Gallo if there are other locations on the property where they can place the apartment. Discussion followed concerning the property layout and how a separate structure may function.

Elizabeth Gallo addressed the Zoning Board of Appeals.

Mrs. Gallo discussed the current living status of her mother and the Gallo’s desire to house her on their property.

Fred Newman, a neighbor the Gallo residence, stated he has no objections to their presented request.

Mr. Smith asked Mr. Gallo if there is another town north of the easement. Mr. Gallo said Danbury is north of the easement.

Ms. Cilo asked about the bump-out part of the home and locating the apartment there. Mr. Gallo said the bump-out is a sunroom that leads out to a deck. He said moving the apartment there would still result in a setback violation.

Ms. Cilo asked if the apartment would have access to the house. Ms. Gallo said the house would still have a separate entrance.

Mr. Matzke asked Mr. Gallo if the home is following setbacks. Mr. Gallo said the home falls within the setbacks.

Mr. Matzke asked the Gallo’s if they considered reconfiguring their home to install the apartment so that the home moves farther into the backyard. Mr. Gallo said the septic tank and septic lines would create a problem in adding onto the home. Discussion followed concerning the backyard.

Chair Williams asked about the deck and its dimensions. Mr. Gallo clarified these details.

Mr. Cooke asked the Gallo’s if this would be a legal apartment. Mr. Gallo said the purpose of the request would be to create a legal apartment. Mr. Cooke stated the variance travels with the land, not the
owner, and this would mean future owners could rent out the space.

MOTION:
Mr. Cooke made a motion to move to deliberative session. Mr. Smith seconded the motion. The vote was unanimous, and the motion carried.

Deliberative Session:
Application #21-03-01 – 92 Marchant Road (Map #19 & Lot #30) – Owner Robert & Jennifer Smithers

Ms. Cilo said this application had a lack of hardship. The owner wants to add to an existing building and increase its square footage.

MOTION:
Mr. Smith made a motion to deny Application #21-03-01 – 92 Marchant Road (Map #19 & Lot #30) – Owner Robert & Jennifer Smithers, Request for a variance to increase living space for an accessory dwelling from 800 sq. ft. to 1300 sq. ft. Town of Redding Zoning Regulations 5.12.5b. Variance requested is 500 sq. ft., for a lack of hardship. Ms. Cilo seconded the motion. The vote was unanimous, and the motion carried.

Application #21-03-02 – 4 Lamppost Drive (Map #5 & Lot #22) – Owner Mark & Elizabeth Gallo

Mr. Matzke stated the Town of Redding has put these homeowners in a tough situation. He suggested the applicants reposition the apartment and see if that complies with zoning regulations.

Ms. Cilo suggested that the applicants seek a second opinion on where to place the apartment.

Chair Williams stated the border with Danbury is irrelevant, the property is a pre-existing non-conforming situation, and the pre-existing non-conformity would be increased significantly if the application went through.

Mr. Cooke said the ZBA should not increase non-conformity and that the pool and septic system are self-imposed hardships. He said there are a variety of options to consider without requiring a variance, including a reasonable accommodation request.

Mr. Smith said the ZBA lacks the authority to provide the relief the applicants seek.

MOTION:
Mr. Cooke made a motion to deny Application #21-03-02 – 4 Lamppost Drive (Map #5 & Lot #22) – Owner Mark & Elizabeth Gallo, Request for a variance to reduce side yard setback from 40’ feet to 10’ feet for a residential apartment. Town of Redding Zoning Regulations 4.6.5. Variance requested is 30’ feet., for lack of an accepted hardship. Mr. Smith seconded the motion. The vote was unanimous, and the motion carried.

MOTION:
Mr. Cooke made a motion to leave deliberative session. Ms. Cilo seconded the motion. The vote was unanimous, and the motion carried.

5. Possible Discussion/Administrative Matters
Chair Williams stated the ZBA needs two alternates and a new recording secretary.

Mr. Gallo asked Chair Williams if building vertically above the garage would be within Zoning regulations. Chair Williams said she would bring this issue to Aimee Pardee.

Mr. Cooke stated any future applications need accurate and exact measurements.

6. Adjournment
Chair Williams adjourned the meeting at 8:27PM.

Submitted by,
Zachary Smith

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