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Minutes of Zoning Board of Appeals – Special Meeting, 10/22/2013

AGENDA: Zoning Board of Appeals -Special Meeting

RECEIVED 10/24/2013 5:00pm
Michele R. Grande – Redding Town Clerk

Minutes

Present:

Michael Thompson, Chairman
Robert Morton
Colleen Litof
Henry Polio
Bruce Given, Alternate

Absent: Beth Williams

The meeting was called to order at 7:28 p.m.~The Chair designated alternate member Bruce Given to act in the place of Beth Williams.

APPROVAL OF ZONING BOARD OF APPEALS MINUTES:

Upon the Motion of Mr. Given and second of Mr. Polio, the August 20, 2013 Zoning Board of Appeals Meeting Minutes were approved unanimously (5-0) by the Board.

REGULAR APPLICATIONS:

Application 13-10-01 –238 Newtown Turnpike – Map 38 & Lot 23 – Owner Martin A. Karnoff ~Revocable Trust – Agent: Gabriel Cook ~and Haleh Ghanizadeh – Requesting a variance to reduce the side yard setback 28’ feet for a reconfiguration and slight expansion of two downstairs bedrooms/and addition..  Section 4.6.5 of the Redding Zoning Regulations requires a 40’ foot side yard setback in the R-2 Zone.  The variance requested is 12’.

Ms. Haleh Ghanizadeh presented the application to the Board.  The applicant is requesting a variance that would allow for reconfiguration and minimal expansion of two downstairs bedrooms and addition on the dwelling inside the retaining wall.  The proposed location and size of the expansions/additions is due to wetland setbacks, severe topographical and elevation changes and location of the septic tank and dry well.  The Applicant is a prospective buyer of the property in question with an anticipated closing date of October 31, 2013.  A letter from Ms. Wyden, the current Trustee of the property, was received authorizing the Applicant to request the variance on the property.

Ms. Ghanizadeh brought photos of the property and proposed expansion area.  The Board Members reviewed the photos and clarified with the Applicant different areas of the property and the difficulties faced for alternate solutions.   Mr. Given asked when the house was built and Ms. Ghanizadeh indicated 1960, with an addition in 1999. Chairman Thompson asked when the retaining wall was built.  The Applicant was unsure.

The Applicant inquired about changing the variance requested from 12 feet to 15 feet.  The Board advised that due to notice and other requirements, in order to change the requested variance the applicant would need to withdraw the current application and re-apply seeking a greater variance.

Application 1310-02 – 116 Gallows Hill Road – Map 13 & Lot 94 – Owner Walter Czudaki & Phyllis I. Rhodes – Requesting a variance to reduce the side yard setback 20’ for a Shed.  Section 4.6.5 of the Redding Zoning Regulations requires a 40’ foot side yard setback in the R-2 Zone.  The variance requested is 20’.

Mr. Walter Czudaki presented the application to the Board.   The Applicant seeks to have a storage shed, 12 feet x 12 feet, placed in the side yard 20 feet from the property line to store various equipment.  The proposed location of the shed is due to the limited size of the property and hardship of various topographical ledges.   He indicated the storage shed would be constructed on pressure-treated wood over gravel.

Mr. Czudaki presented various photos of the property to review with the Board Members.  Various locations on the property were discussed as alternate solutions that would not require a setback variance, such as near the pool, at the rear of the house, and near the garage.  The Applicant indicated that these alternate locations were not as accessible and might be affected by the septic tank location and other topographical constraints.

Mr. Czudaki submitted a letter in support of the proposed storage shed location to Chairman Thompson from the adjacent neighbor located at 112 Gallows Hill Road.  Chairman Thompson entered the letter into the record.

Application 13-10-01 –238 Newtown Turnpike (continued) – Mr. Gabriel Cook, co-applicant for 238 Newtown Turnpike, arrived during the presentation of the second Application.  Chairman Thompson inquired if Mr. Cook had anything to add to the presentation already made by Ms. Ghanizadeh and Mr. Cook indicated that he did not.

Upon motion of Mr. Morton and second of Ms. Litof, the Board entered Deliberative Session at 7:59 p.m.

DELIBERATIVE SESSION:

Application 13-10-01 –238 Newtown Turnpike – Map 38 & Lot 23 – Owner Martin A. Karnoff ~Revocable Trust – Agent: Gabriel Cook ~and Haleh Ghanizadeh – Upon motion of Ms. Litof and second of Mr. Given, the Board voted 5-0 to approve the application for variance based upon the topographical hardship shown including the existence of flood zone and wetlands designations that preclude alternative construction locations.

Application 1310-02 – 116 Gallows Hill Road – Map 13 & Lot 94 – Owner Walter Czudaki & Phyllis I. Rhodes – The Board discussed alternate locations on the property for the storage shed that would fall within setback requirements and whether the shed would be considered a “temporary structure”.  Upon motion of Mr. Polio and second of Mr. Morton, the Board voted 5-0 to deny the request for 20 foot variance for lack of demonstrated hardship and the existence of alternative locations to place the shed within the setback requirements.  It was agreed, for future guidance, that Chairman Thompson would clarify with the Zoning Enforcement Office how sheds are generally classified.

Upon motion of Ms. Litof and second of Mr. Morton, the Board voted to exit deliberative session at 8:15 p.m.

ADJOURNMENT

The Board voted unanimously to adjourn at 8:15 p.m.

These minutes have not been approved by the ZBA.

Submitted by klg 10/24/2013