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Minutes of Zoning Commission, 01/14/2015

AGENDA: Zoning Commission

RECEIVED 06/20/2015 5:00pm
Michele R. Grande – Redding Town Clerk

Minutes

REGULAR MEETING

Present:  Gerry Casiello, Chair; Michael Hoffman, Vice Chair; Amy Atamian, Secretary; Ben Gordon; Ted Ogonek; Alternate Matthew Lecher and Alternate Paul Scholl

Also present:  ZEO Aimee Pardee and members of the public

All regular members were present and seated

Mr. Casiello called the meeting to order at 8:30 pm

REGULAR MEETING

  1. Motion: move that the Redding Zoning Commission approve the minutes of the December 10, 2014 meeting as submitted.  Ogonek, Atamian.  Approved unanimously.
  1. Application #14-26Z – Applicant Kathleen & John Ebbott, 16 John Applegate Rd. (Assessor’s Map #47,  Lot #70).  In accordance with Section 5.12. of the Redding Zoning Regulations application for a Special Use Permit for a detached residential apartment.

Mr. Ogonek commented that he would like to drive by the residence, to see the location and its relationship to the other homes in the area and see if the property is in harmony with the surrounding homes and community.

Motion:  move that the Zoning Commission delay the decision on Application #14-26Z until the next meeting, to allow individual commission members the opportunity to view the site. Ogonek, Hoffman.  Motion failed on a 1-4 vote.

Motion: move that the Zoning Commission deny Application #14-26Z.  Gordon, Ogonek.  After a discussion, motion failed 2 – 3.  

The application is approved.

  1. Application #15 – 01ZApplicant The Mark Twain Library.  In accordance with Section 5.11.2 of the Redding Zoning Regulations  request for a Limited Duration Special Use Permit for the “Mark Twain Library 20th Annual Frog Frolic” to be held at the Redding Community Center, 37 Lonetown Road (Assessor’s Map #21, Lot #42A),  on Saturday May 2, 2015 from 10:00am through 4:00pm.  Previously held on May 3, 2014.  For discussion/action.

Zoning Officer Pardee noted that there have been no problems with the event in the past years. The fees will be waived.

Motion: move that the Zoning Commission approve Application #15-01Z as presented and waive all fees.  Atamian, Gordon.  Approved unanimously.

  1. Pre-Application Discussion – Georgetown Land Development Company (GLDC); Frank Taylor, Clerk, Georgetown Special Taxing District.  Discussion regarding possible temporary uses of GLDC property.

Frank Taylor, Clerk for the Georgetown Special Taxing District, explained the intent is to allow the Nissan dealer in Wilton to temporarily store vehicles on the GLDC property.  The lack of progress with the GLDC project and work on the new Intersection at Route 7 & North Main Street has created problems for the Nissan dealer in terms of unloading vehicles from trailers.  Mr. Taylor explained where the vehicles would be stored.

Following discussion, it was concluded that a minor revision of the site plan would be required. No action was taken at this time.

  1. Application #15 – 02Z – Applicant Stephanie Gregory, 34 Goodsell Road (Assessor’s Map #42, Lot #25).  In accordance with Section 5.12 of the Redding Zoning Regulations, application for a Special Use Permit for a detached residential apartment.  To receive/schedule public hearing.

Motion: move that the Zoning Commission set February 11, 2015 for a Public Hearing on Application #15-02Z.  Gordon, Ogonek. Approved unanimously.

  1. Application #15 – 03Z – Town of Redding, Patricia Moisio Agent, 100 Hill Road (Assessor’s Map #22, Lot #26). Request for a Limited Duration Special Use Permit to hold “Redding Day” June 21st, 2015.

This event was held on the Redding Green for a few years, and then held at the Community Center. The event is planned to celebrate Redding and the 100th anniversary of the Redding Ridge Fire Department.

Motion: move that the Zoning Commission set February 11, 2015 for a Public Hearing on Application #15-03Z.  Gordon, Atamian. Approved unanimously.

  1. Application #15 – 04Z – Meadow Ridge, “Sign O Rama” Agent, 100 Redding Road (Assessor’s Map #47, Lot #3). Request for minor site plan amendment for installation of directional signs. To receive/discuss.

This application was reviewed and discussed. A diagram of the directional sign was available, but the specifications of the proposed sign did not meet the regulations

Motion: move that the Zoning Commission deny Application #15-04Z as submitted. Ogonek, Atamian. Approved unanimously.

  1. DISCUSSION:  none
  1. FUTURE AGENDA: Public Hearings on February 11th.
  1. Communication: none
  1. Adjournment

Motion: move to adjourn the meeting. Gordon, Atamian. Approved unanimously.

The meeting adjourned at 9:22 pm

Submitted by Mary Maday, Recording Secretary

________________________________________________________________________________

PUBLIC HEARING

Present:  Gerry Casiello, Chair; Michael Hoffman, Vice Chair; Amy Atamian, Secretary; Ben Gordon; Ted Ogonek; Alternate Matthew Lecher and Alternate Paul Scholl

Also present:  ZEO Aimee Pardee and members of the public

All regular members were present and seated

Mr. Casiello called the Public Hearing to order at 7:30 pm.

1.Application #14-26Z – Applicant Kathleen & John Ebbott, 16 John Applegate Rd. (Lot #47 & Map #70).  In accordance with Section 5.12. of the Redding Zoning Regulations application for a Special Use Permit for a detached residential apartment.

Ms. Atamian read the Call of the Meeting.

Motion: move to accept the Call of the Meeting as read.  Hoffman, Ogonek. Approved unanimously.

Mr. Casiello recapped the Application.  The applicant is requesting approval of the 600 square foot accessory apartment that was originally approved by the Zoning Commission in 1994 but never constructed.  The apartment will be in an existing accessory building on the property; a portion of the building will be permanently blocked off and isolated from the remainder of the building. Access to that blocked off portion will be through a 22” by 30” hatch as required by the Building Department. A portion of the building will also be used as a home office for the occupant of the primary dwelling.  The lot size is in excess of three acres.

Mr. Casiello opened the Hearing to the public.

Neil Marcus, of Cohen & Wolf P.C., representing the Farview Farms Homeowners Association:  Mr. Marcus reviewed the history of the property, the use, and the construction of a large home on the parcel, the continued existence and use of the smaller cottage building. He questioned the proposed use of the office space, the parking area and the driveway to the property. He noted that the property was never incorporated in the Farview Farms Homeowners Association but the only access to the property is through Farview Farm.  Since the Farview Farms Homeowners Association prohibits accessory apartments, he suggested that the apartment would not be in keeping with its surrounds and, therefore, not in accordance with Section 5.1.3 of the Redding Zoning Regulations.

Rich Mellon, Farview Farms: Mr. Mellon represents Mellon & Associates, the firm that manages the affairs of the Association.  He reviewed the history of the parcel at 16 John Applegate Road. He stated that the Association is composed of 44 properties that must be single-family homes, and no accessory apartments. The original intent of the builder of the large home on the property was to tear down the cottage.  That owner sold the property prior to the destruction of the cottage. He stated that the small house, the cottage, is being rented, and the Farview Farms Association objects to that.

Mr. Casiello noted that the Zoning Board of Appeals granted a request for a detached apartment on the property in January 1994. The Zoning Commission wants to bring the use back to a legal 600 sq. ft. apartment.

David Benson, John Applegate Road:  Mr. Benson cited public safety issues, noting the access way to the property is very narrow.

The applicant, Mrs. Ebbott, responded to some of the statements. When the property was purchased, it was not the intent to tear down the cottage and they were told they did not qualify for membership in the Farview Farms Homeowners Association.  The roadway into the property is a shared driveway, not a public thoroughfare.

Patrick Garrard, John Applegate Road: Mr. Garrard expressed his concern that the narrow driveway is a problem and questioned the amount of traffic that would be generated on the property.  He spoke regarding past problems with occupants of the small house due to noise and traffic.

The following correspondence was read into the record:

Letter from the Health Department approving the plan.

Letter from the Planning Commission recommending approval.

Fax from Gail Mellon objecting to the request.

Additional letter from Gail Mellon.

Letter from Michael and Linda Ryder objecting to the proposal.

Letter from Robert Stone objecting to the proposal.

Letter from the Building Department approving the plan and specifying the requirement for a 22” x 30” access hatch to the blocked off portion of the building.

The applicant, Mrs. Ebbott, noted that there is a five bay garage on the property providing sufficient parking.  The office will be for the use of the resident of the large house.

Steve Smith, 9 Applegate Road:  Mr. Smith expressed his concern about the roadway, adding that the children in the area use the area as a playground.  He was also concerned about the potential commercial use of the office.  He noted that the use of the property is not in harmony with the community of homes in the Fairview Farms Association.

Mr. Casiello noted that the office is for the use of the primary owner of the property.

Michael McKee: Mr. McKee questioned whether the property was in compliance with building and fire codes.  Mr. Casiello responded that the building plan is in compliance and the Building Official will check the property prior to issuing a Certificate of Occupancy.  The Fire Department will also have to sign off on the reconfiguration of the property.  He added that the property has been used as a rental for 20 years, and the approval will bring it into compliance.

Zoning Officer Pardee noted that the owner in 1994 requested a special use permit for an accessory apartment, but no permit was ever taken out.  They were informed on what was needed to be done on the cottage, but they did not pursue the permit.

Mr. Hoffman noted that the office area is permitted for use by the primary residence, and any expansion of that use would require a revisit to the Zoning Commission.

Geri Edwards: Mrs. Edwards questioned how the structure would be changed. Mr. Casiello noted that the building plan was a reconfiguration of space to allow for a 600 sq. ft. apartment and an office space.

Motion: move to close the Public Hearing.  Hoffman, Ogonek.  Approved unanimously.

The Public Hearing was closed at 8:30 pm.

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