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Minutes of Zoning Commission, 06/14/2017

AGENDA: Zoning Commission

RECEIVED 06/19/2017 2:41pm

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Redding Zoning Commission
Public Hearing and Regular Meeting Minutes
June 14, 2017 – 7:30 p.m.
Town Hall Hearing Room
100 Hill Road, Redding, Connecticut

Present:  Gerry Casiello, Chairman; Amy Atamian, Secretary; Commissioner Matt Lecher;
Commissioner Ted Ogonek; Alternate Gary Miyashiro.

Also Present:  Aimee Pardee, Zoning Officer; applicants and members of the public.

PUBLIC HEARINGS:

  1. Application 17 – 14Z 81 Sunset Hill Road (Assessor’s Map and Lot No. 9 – 45), Owner: Michele Holmes.  Request for a Special Use Permit for an accessory apartment in accordance with Section 5.12 of the Redding Zoning Regulations.  Received May 10, 2017; Public Hearing June 14, 2017.

The Chairman seated Mr. Miyashiro for Commissioner Paul Scholl.  Ms. Atamian read the call for the hearing; on the motion of Mr. Ogonek and the second of Mr. Lecher, the commission voted unanimously to accept the call and open the public hearing at 7:30 p.m.

The Chairman asked the applicant to explain the application; Ms. Holmes stated that she wishes to have an apartment in the existing space over the garage attached to her home.  The Chairman asked where parking for the apartment’s occupants would be provided; Ms. Holmes stated that they would use the spaces that are in front of the dwelling that are shown on the site plan.

The Chairman noted that the square footage conforms with what is allowable, then he read into the record a letter from Health Official Doug Hartline, approving the use of the existing septic system on site for the apartment.  He then read into the record an e-mail from the Planning Commission stating that the proposed apartment is in keeping with the Town Plan of Development but expressing some concern about egress.  The Chairman noted that this issue is not under the jurisdiction of either Planning or Zoning and would be addressed by the Building Department.

The Chairman opened the hearing to public comment.  Stephen Pomazi, of 85 Sunset Hill Road, distributed a letter to the commission that he stated was from his wife, noting that she could not attend the hearing.  The commissioners read the letter, and the Chairman expressed concern that issues raised in the letter did not relate to the application currently before the commission.  Ms. Pardee suggested that the Chairman read the letter into the record; the Chairman did so.

Stephen J. Pomazi, of 12 Sunnyview Drive, spoke next; he expressed his concern regarding parking for the apartment.  He explained that Ms. Holmes and her partner have businesses and that employees of those businesses park both on the 81 Sunset Hill Property, and along Sunnyview Drive all days of the week.  He stated that the spaces designated for the apartment residents are usually used for employee parking.

Lauri Pomazi, of 8 Sunnyview Drive, also spoke and addressed parking concerns.  She described the parking on Sunnyview Drive as a “huge issue” that can be dangerous due to the need to pull around multiple parked cars when driving on Sunnyview Drive.  She also asked if the apartment residents would be allowed to have animals as there are issues with the dogs presently owned by the residents.  She explained problems with barking dogs, sometimes late at night, and stated that she has had to involve the police due to these issues.

Stephen Pomazi, of 85 Sunset Hill Road, spoke again.  He stated that the apartment makes reference to a public health document that he did not see in the file.  Ms. Pardee explained that this document is not required by the Zoning Regulations, but is required to be submitted to the state if the project is in a public water supply watershed area.  Mr. Pomazi also asked if there is a Building Permit in place for the work.  The applicant, Ms. Holmes, stated that she will not answer any questions posed by Mr. Pomazi as she is currently involved in litigation with the Pomazis.

Ms. Atamian asked the applicant if she would describe the parking situation on her property.  Ms. Holmes stated that her business is the ownership of income producing properties.  She said that workers on those properties will sometimes stop at 81 Sunset Hill to pick up items but they don’t work on site.  She said that she has landscapers and a housekeeper that will work on site.  Mr. Mayashiro asked if her driveway and parking is paved and she replied that it is.

Here there was a general exchange regarding the parking with Stephen Pomazi and Lauri Pomazi expressing concern regarding the submitted map, and also regarding traffic back ups due to problems with trucks getting in and out of 81 Sunset Hill Road while Adam Negri, Ms. Holmes partner, noted that the Pomazi’s had blocked the sight line at 81 Sunset Hill Road with a fence, which creates the access problems.  Mr. Pomazi raised the issue of additional dogs, and also horses, and the Chairman stated the regulations regarding keeping animals were not part of the discussion of having an accessory apartment.

Hearing no further comments, the Chairman suggested that the hearing be closed.  Mr. Ogonek moved that the hearing be closed, Ms. Atamian seconded the motion, and it was carried unanimously.

  1. Application 17 – 19Z 53 Deacon Abbott Road (Assessor’s Map and Lot No. 15 – 55);

Owner: Gina M. Sinsigalli.  Request for a special Use Permit for an accessory apartment in accordance with Section 5.12 of the Redding Zoning Regulations.  Received May 24, 2017; Public Hearing June 14, 2017.

The Chairman noted that Mr. Miyashiro would remain seated for Mr. Scholl.  Ms. Atamian read the call for the hearing; on the motion of Mr. Lecher and the second of Mr. Miyashiro, the commission voted unanimously to accept the call and open the public hearing at 7:50 p.m.

The Chairman asked the applicant to present the application.  Ms. Sinsigalli was present, but was represented by her real estate agent, Roni Agress.  Ms. Agress explained that, when Ms. Sinsigalli purchased the property at 53 Deacon Abbott Road, it was represented to her that the dwelling on site had a legal apartment.  Ms. Sinsigalli is now marketing the property and, in taking on the listing, Ms. Agress researched the property and did not find permits for the apartment.  She is hoping to legalize the apartment at this time.

Mr. Lecher asked about the location of the kitchen; Ms. Pardee clarified with the commissioners the location of the kitchen on the plan submitted.  Mr. Ogonek stated that the apartment appears to be under 600 square feet.  The Chairman read into the record a letter from Health Official Doug Hartline stating that the septic on site is adequate for the apartment.  The Chairman also read into the record correspondence from the Planning Commission.

The applicant was asked about parking on site; Ms. Agress stated that there is a three car garage, plus additional parking.  Ms.  Pardee showed the commission a survey of the property and stated that there is adequate available parking on site.  The commission discussed the size of the property; it appears on the survey to be 3 acres but both Ms. Pardee and Ms. Agress noted that there is an additional parcel of open space that transfers with the lot, bringing the total acreage to over five acres.

Hearing no comments from the public, Mr. Ogonek moved to close the public hearing.  On the second of Ms. Atamian, the commission voted unanimously to close the public hearing at 7:58 p.m.

 

REGULAR MEETING:

  1. Approval of Minutes.

-Public Hearing and Regular Meeting of March 22, 2017.

On the motion of Ms. Atamian, and the second of Mr. Miyashiro, the commission voted by majority to approve the minutes of the March 22, 2017 public hearing and meeting.  Mr. Lecher and Mr. Ogonek abstained from voting as they were not present at the hearing or meeting.

-Public Hearing and Regular Meeting of May 10, 2017.

On the motion of Mr. Miyashiro and the second of Mr. Lecher, the commission voted by majority to approve the minutes of the May10, 2017 public hearing and meeting.  Mr. Lecher and Mr. Ogonek abstained from voting as they were not present at the hearing or meeting.

-Regular Meeting of May 24, 2017.

On the motion of Mr. Ogonek and the second of Ms. Atamian, the commission voted by majority to approve the minutes of the May 24, 2017 meeting.  Mr. Lecher and Mr. Miyashiro abstained from voting as they were not present at the meeting.

  1. Application 17 – 14Z 81 Sunset Hill Road (Assessor’s Map and Lot No. 9 – 45), Owner: Michele Holmes.  Request for a Special Use Permit for an accessory apartment in accordance with Section 5.12 of the Redding Zoning Regulations.  Received May 10, 2017; Public Hearing June 14, 2017.

The Chairman reviewed the regulations regarding apartments.  The Commission discussed the parking issues that had been raised and decided that they needed more information.  They discussed whether the presence of a violation of the Zoning Regulations on the applicant’s property could prevent an approval from being granted; both the Chairman and Ms. Pardee said that it would have to be directly related to the requirements for an apartment.  The commission requested that Ms. Pardee inspect 81 Sunset Hill Road in order to determine if the two designated parking spaces would be available for the apartment.  The Chairman asked if the other commissioners would like to condition an approval, or table discussion until they had further information; the consensus was that further discussion should be tabled.

On the motion of Mr. Lecher, and the second of Ms. Atamian, the commission voted unanimously to table further discussion until the regular meeting of July 12, 2017.

  1. Application 17 – 19Z 53 Deacon Abbott Road (Assessor’s Map and Lot No. 15 – 55);

Owner: Gina M. Sinsigalli.  Request for a special Use Permit for an accessory apartment in accordance with Section 5.12 of the Redding Zoning Regulations.  Received May 24, 2017; Public Hearing June 14, 2017.

After a brief review of the apartment regulations, the consensus of the commissioners was that the apartment was in compliance with the regulations.  On the motion of Ms. Atamian and the second of Mr. Lecher, the commission voted unanimously to grant permit 17 -19Z.

  1. Application 17 – 15Z and 16Z 26 Goodsell Hill Road (Assessor’s Map and Lot No. 42 – 100) and 30 Goodsell Hill Road (Assessor’s Map and Lot No. 42 – 150); Owner: Thira LLC, Representative Tom Quinn P.E..  Request for a Special Use Permit for earth moving in excel of 300 cubic yards.  For receipt/to set public hearing date.

The Chairman briefly reviewed the history of this property.  He reminded the commission that they had this property before them in the past due to illegal clear cutting and earth moving.  The commission asked Ms. Pardee if trees that the applicant had promised to plant had been installed and she replied that they had.  She said that there were continuing problems with unauthorized earth moving on the property but that Mr. Quinn has now been hired by the applicant.  He took out a recent administrative permit for earth moving, but he is now coming in for a commission permit in order to legalize more extensive earth moving.

On the motion of Ms. Atamian and the second of Mr. Ogonek, the commission voted unanimously to accept the application and set a public hearing date of July 12, 2017.

  1. Discussion:

Mr. Ogonek returned to the question of how violations are handled in the case of a receipt of a new application for a property.  The conclusion was that the application must be processed based upon its own merits.

  1. Future Agenda Items:

July 12th: Continued discussion of item 17-14Z and public hearing for item 17-15Z and 17-16Z.

  1. Communications:

No items were discussed under this agenda item.

  1. Adjournment:

On the motion of Mr. Ogonek and the second of Ms. Atamian, the commission voted unanimously to adjourn at 8:06 p.m.

Respectfully Submitted,
Aimee Pardee

 

 

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