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Minutes of Zoning Board of Appeals, 05/18/2021

AGENDA: Zoning Board of Appeals

RECEIVED 05/25/2021 1:06pm
Michele R. Grande – Redding Town Clerk

Minutes of Zoning Board of Appeals

Town of Redding
Zoning Board of Appeals Minutes
Tuesday, 5/28/2021 Regular Meeting
7:30PM Zoom

Filed subject to approval

Elizabeth Williams, Chair
Noel Cooke, Secretary
Scott Smith
Jill Cilo
Brian Matzke

1. Call to Order
Chair Williams called the meeting to order at 7:30PM

2. Approval of Tuesday, 3/16/2021 Zoning Board of Appeals Meeting Minutes and Motions:

Mr. Cooke made a motion to approve the minutes of the Tuesday, 3/16/2021 Zoning Board of Appeals meeting minutes and motions. Ms. Cilo seconded the motion. The vote was unanimous, and the motion carried.

3.Application #21-05001 – 68 Pocahontas Road (Map #2 & Lot #68) – Owner Wendy & Robert Balinski

Request for a variance to Town of Redding Zoning Regulations 4.6.5 : reduce side yard setback from 40’ to 27.5” feet. Variance requested 12.5’ feet.

Ms. Balinski addressed the ZBA.

She stated that she has two propane tanks that are used to heat the pool in the back of her house preventing placement there; the side of the house has a concrete patio with two A/C units and she wants the generator next to them. To one side of the patio there is a slope. The other side of the patio has a well, a pool and a deck.

Chair Williams stated that the Board does not have a lot of leeway with generators and setback requirements. The financial hardships to cut out the slope or locate it elsewhere on the property are not a hardship the board can consider. Discussion ensued regarding alternative locations.

Chair Williams suggested the use of the driveway but Ms. Balinski stated that’s where she parks her 4 cars and there isn’t room. Has looked into other options. One side are wetlands where there is a narrow drop.

Ms. Balinski stated that a variance would still be required if she were to put it on the other side. Ms. Balinski stated that she had a letter from her neighbors, the Cutlers supporting her. Chair Williams pointed out that a variance is attached to a property, and when property changes hands, the variance goes with it.

Ms. Cilo questioned the cement wall on the side of the pool due to the steepness of the slope.

Mr. Matzke suggested one side near the driveway in which Ms. Balinski stated that it is used for a firepit and wood pile, to which Mr. Matzke suggested putting it to the right.

Chair Williams suggested moving the fire pit. The Zoning Commission does not look at generators differently than a structure.

Mr. Cooke said the house is already non-conforming and therefore anything added would be increasing the nonconformity.

Chair Williams said since house was built in 1946 the house already pre-existing non-conforming, and the Board doesn’t typically increase non-conformity.

The suggestion was made that perhaps the propane tanks could be moved to the side where they wanted to put the generator, but it is possible that they would then be within the setback, and a variance still be required.

Ms. Williams suggested that she confer with the Zoning Enforcement officer, and if that wasn’t possible, without a variance she may want to then find out what the wetland setbacks are with the idea of putting it near the driveway.

Mr. Matzke suggested a portable generator due to these situations.

Mr. Cooke questioned whether to leave this open so she doesn’t have to re-apply and can come back in 60 days.

Ms. Cilo made a motion to move to deliberative session. Mr. Cooke seconded the motion. The vote was unanimous.

Deliberative Session:
Application #21-05001 – 68 Pocahontas Road (Map #2 & Lot #68) – Owner Wendy & Robert Balinski

Mr. Smith made a motion to deny Application #21-0500105001 – 68 Pocahontas Road (Map #2 & Lot #68) – Owner Wendy & Robert Balinski without prejudice for lack of demonstrated hardship.
The vote was unanimous and the motion carried.

Mr. Cooke voted to leave the deliberative session. Mr. Smith seconded the motion and the vote was unanimous, and the motion carried.

Chair Williams adjourned the meeting at 8:06PM

Submitted by Maryalice Getner