Town of Redding
Zoning Board of Appeals Minutes
Regular Meeting
Tuesday, 10/19/2021
7:30PM Via Zoom
Filed Subject to Approval.
Present:
Elizabeth Williams, Chair
Noel Cooke, Vice Chair
Jill Cilo
Scott Smith
Brian Matzke
Sarah Unfried, Alternate
Applicants
1. Call meeting to order
Chair Williams called the meeting to order at 7:30PM.
2. Approval of the July 20, 2021 Zoning Board of Appeals Meeting Minutes & Motions.
MOTION:
Ms. Cilo made a motion to approve the minutes of the Zoning Board of Appeals meeting held on Tuesday, 7/20/2021. Mr. Cooke seconded the motion. The vote was unanimous, and the motion carried.
3. Public Hearings
a. Application #21-10-01- 22 Wood Road (Map #8 & Lot #65) – Owner Erica S. Jacobs & John J. Soltis Jr. Request for a variance to reduce side yard setback from 40’ to 33’ for a swimming pool. Town of Redding Zoning Regulations 4.6.5. Variance requested is 7’ feet.
Tom Quinn of Peak Engineers addressed the ZBA. The preferred location of the swimming pool is near a retaining wall supporting the driveway. This retaining wall would have to be knocked down and rebuilt to fit the swimming pool into the established setbacks. The variance requested will allow the pool to be built without removing this retaining wall.
John Soltis Jr. addressed the ZBA. He stated that there is another location where the pool could be located but this is currently being utilized as a play area for his children. He presented two letters supporting his request for variance.
Discussion followed concerning other locations on the property that could be used to construct a swimming pool.
b. Application #21-10-02 – 57 Giles Hill Road (Map #31 & Lot #12) – Owner Michael Sukin & Kimberly Bonnell – Request for a variance to reduce rear yard setback from 50’ feet to 40.3’ feet for a detached accessory apartment in the existing barn. Town of Redding Zoning regulations 5.12.4 and 4.6.5. Variance requested is 10.3’ feet.
Doug Bayer addressed the ZBA. He addressed two items that were incorrectly noted in the Application. The Town of Redding Zoning Regulation being addressed is 5.12.5. The variance requested is 9.7’ feet.
Mr. Bayer stated that the entire property is an existing non-conformity, and the barn is a non-conforming building. The proposed accessory apartment is an internal change to the barn that would not be visible to the neighbors.
Michael Sukin addressed the ZBA. He stated that the reason they are proposing an accessory apartment is to house their daughter.
Discussion followed concerning the barn’s interior, exterior, and septic system.
Vice Chair Cooke asked about the change of use proposed in the application. Mr. Bayer stated that even though there is a change of use, it is a use permitted by the zoning regulations. The setback relief request would apply to a regular building, detached accessory apartment, or other structure.
Discussion followed concerning other locations on the property to place the detached accessory apartment.
MOTION:
Vice Chair Cooke made a motion to move into Deliberative Session. Ms. Cilo seconded the motion. The vote was unanimous, and the motion carried.
Deliberative Session
a. Application #21-10-01- 22 Wood Road (Map #8 & Lot #65) – Owner Erica S. Jacobs & John J. Soltis Jr. Request for a variance to reduce side yard setback from 40’ to 33’ for a swimming pool. Town of Redding Zoning Regulations 4.6.5. Variance requested is 7’ feet.
Vice Chair Cooke stated there are other locations to place the pool and the dimensions can altered to fit the setbacks. He does not see a hardship.
Mr. Smith stated the narrowness of the lot and the 40’ setback requirement justifies the variance request.
Ms. Cilo stated she agrees more with Vice Chair Cooke. Despite the narrowness of the lot, the location and dimensions can change.
Mr. Matzke stated he agrees with Vice Chair Cooke.
MOTION:
Vice Chair Cooke made a motion to deny Application #21-10-01- 22 Wood Road (Map #8 & Lot #65) – Owner Erica S. Jacobs & John J. Soltis Jr. Request for a variance to reduce side yard setback from 40’ to 33’ for a swimming pool, for lack of a stated unusual hardship. Ms. Cilo seconded the motion. There were four yes votes (Williams, Cooke, Cilo, and Matzke) and one no vote (Smith). The motion carried.
b. Application #21-10-02 – 57 Giles Hill Road (Map #31 & Lot #12) – Owner Michael Sukin & Kimberly Bonnell – Request for a variance to reduce rear yard setback from 50’ feet to 40.3’ feet for a detached accessory apartment in the existing barn. Town of Redding Zoning regulations 5.12.4 and 4.6.5. Variance requested is 10.3’ feet.
Discussion followed concerning the preexisting nonconformity of the structures on this property. Modifying preexisting structures is preferable to adding new structures that could potentially increase nonconformity.
MOTION:
Ms. Cilo made a motion to approve Application #21-10-02 – 57 Giles Hill Road (Map #31 & Lot #12) – Owner Michael Sukin & Kimberly Bonnell – Request for a variance to reduce rear yard setback from 50’ feet to 40.3’ feet for a detached accessory apartment in the existing barn, based on the hardships presented and the building’s construction having predated zoning regulations. Mr. Matzke seconded the motion. The vote was unanimous, and the motion carried.
MOTION:
Ms. Cilo made a motion to leave deliberative session. Chair Williams seconded the motion. The vote was unanimous, and the motion carried.
4. Possible Discussion/Administrative Matters.
Chair Williams welcomed Sarah Unfried to the ZBA.
5. Adjournment
Chair Williams adjourned the meeting at 8:30PM.
Submitted by,
Zachary Smith