ZONING BOARD OF APPEALS
REGULAR MEETING
DECEMBER 18, 2018
7:30PM
TOWN HALL HEARING ROOM
PRESENT
Elizabeth Williams, Chair
Noel Cooke
Jenifer Wyss
Jill Cilo
Daniel Barrett
Scott Smith
ALSO PRESENT
Amy Lind
1. CALL MEETING TO ORDER
Chair Williams called the meeting to order at 7:28PM.
Mr. Smith decided to sit out this meeting due to his absence at the last meeting.
2. APPROVAL OF MEETING SCHEDULE FOR 2019
MOTION:
Mr. Cooke motioned to approve the meeting schedule for 2019. Ms. Cilo seconded the motion. The vote was unanimous, and the motion carried.
The meeting schedule is as follows:
January 15, 2019
February 19, 2019
March 19, 2019
April 16, 2019
May 21, 2019
June 18, 2019
July 16, 2019
August 20, 2019
September 17, 2019
October 15, 2019
November 19, 2019
December 17, 2019
The Zoning Board of Appeals meets on the Third Tuesday of each month. If there are changes, notifications will be sent out.
3. APPROVAL OF NOVEMBER 20, 2018 ZONING BOARD OF APPEALS MEETING MINUTES & MOTIONS.
MOTION:
Mr. Barrett motioned to approve the minutes. Ms. Wyss seconded the motion. The vote was unanimous and the motion carried.
PUBLIC HEARING:
4. APPLICATION #18-12-01 – 37 BEEHOLM ROAD (MAP #42 & LOT 29) – OWNER ERIC LIND/AMY LIND –
Request for a variance to reduce side yard setback from 40’ feet to 25’ feet for a generator. Section 4.6.5 of the Redding Zoning Regulations requires 40’ feet setback for ides. Variance requested is 8’ feet.
Ms. Lind explained that the distance from the generator to the property line is 25’ feet. The distance from the generator to the house is 7’ feet. The house is 30’ from the property line.
Ms. Lind did not understand the specific definition of a side yard. She took new photographs to help the board establish a better image of where the generator would be installed.
Chair Williams asked the board if anyone had a chance to do a drive-by of the property. Ms. Wyss was able to see the property.
Mr. Cooke asked about the exact location of the propane tanks on the property. Ms. Lind showed on the property map where they are located.
Ms. Cilo asked about the tiny square between the house and the barn. Ms. Lind stated that it is a deck. Ms. Cilo followed up on this question by asking what is behind the house. Ms. Lind described the layout of this area and the history of the property. Chair Williams said the property was established in 1980, after the current zoning regulations were established.
Mr. Cooke asked about the possibility of purchasing a portable generator. Ms. Lind said this was considered but an installed generator would be ideal.
Chair Williams asked the board if they have any questions. She stated that the information provided today was much clearer for the board to understand.
MOTION:
Ms. Wyss motioned to move to deliberative session. Mr. Cooke seconded the motion. The vote was unanimous, and the motion carried.
5. POSSIBLE DISCUSSION/ADMINISTRATIVE MATTERS
Deliberative Session:
Chair Williams stated that the layout of the property can be considered a hardship. The property was approved in 1980 by the Planning Commission after the current zoning regulations were established. It is an existing nonconforming property.
Chair Williams stated the generator is a 2’ x 5’ generator, and the generator is 5’ from the house.
Ms. Cilo said she is familiar with the property and that there are physical hardships. She said that Cannondale Generators is a reputable organization and that they have done the due diligence to find the correct spot to place the generator.
Mr. Barrett said that the layout of the property is a hardship.
Ms. Wyss agreed with Mr. Cilo and Mr. Barrett.
Mr. Cooke asked how the board would look at the generator if it was a propane tank. Chair Williams said that it is not the same.
Mr. Cooke explained some of the regulations and cautioned the board about setting precedent.
Chair Williams said that a trash bin can be relocated in an easier way than a generator.
Mr. Smith said that the list of items in this regulation do not necessarily require the same treatment.
Chair Williams directed the board back to the application and asked if more discussion was necessary or if a motion can occur.
Mr. Cooke wants to avoid possible issues by setting a precedent.
MOTION:
Ms. Cilo made a motion to approve application #18-12-01 37 Beeholm Road (Map #42 & Lot 29) request for a variance to reduce side yard setback from 40’ feet to 25’ feet for a generator due to evidence of geographic hardship and the nonconforming lot being approved after zoning regulations were established concerning setbacks. Mr. Barrett seconded the motion. 4 yes votes and 1 abstention (Mr. Cooke). The motion carried.
MOTION:
Mr. Barrett motioned to leave deliberative session. Ms. Cilo seconded the motion. The vote was unanimous, and the motion carried.
6. ADJOURNMENT
The meeting was adjourned at 7:56PM.
Submitted by Zachary Smith