TOWN OF REDDING
ZONING BOARD OF APPEALS
TUESDAY, MAY 17, 2005—8:00 p.m.
TOWN HALL HEARING ROOM
Present: Philip Bronson, Chairman; Beth Williams; Mike Cardillo; Andrea Cotton; Robert Morton.
The meeting was called to order at 8:02 p.m.
The following applications were presented to the commission.
0305-1: Pamela Gould, Owner, 151 Topstone Road: appeal from an order to cease and desist from alleged violation of Sec. 3.8 of the Zoning Regulations issued on January 11, 2005.
Neal Marcus presented the application on behalf of Mr. Robert Gould, who was present at the meeting. The Gould’s have lived in the house since 1972, and have always had horses. A horse trailer has always been parked in the same location, also since 1972. In 1986, zoning regulations changed, causing a violation as to where the trailer was parked, without proper screening. The location is the only place on the property that has reasonable driveway accessibility. This creates a nonconforming, pre-existing situation. A fence was erected to screen the trailer, but the trailer can still be seen from the road. The trailer is approximately 100 feet from the road. A photograph provided by Mr. Marcus shows the trailer parked in this location. Mr. Bronson stated that the trailer was not parked in that
screened location over the days prior to this meeting. Mr. Gould stated that the trailer had been used by the pony club, and had not been returned to the screened area.
0405-2: Michael Greenberg and Associates, Applicant, 123 Mountain Road: requesting variance to Sec. 4.6 and Sec. 5.12.4, to allow the use of a garage building as a detached accessory apartment with a front setback of 17.6 feet and a side setback of 49.7 feet.
Neal Marcus presented the application. Jamie Miller presented drawings of both the present structures and proposed changes. A portion will be removed at one corner of existing garage, and the space will be expanded by adding a second floor. The proposed accessory apartment will be 595 square feet in area, containing one bedroom. The building already has a second floor with stairs leading up to it. The lot is 23.36 acres, which is 50% larger than the required area for such a project. There is a proposed 6 foot increase in height of the existing ridge. The current three car garage will be a two car garage. The owner and builders wish to maintain the present character of the property.
Upon closer inspection, commission members found that the drawings provided indicated an apartment space of over 700 square feet, not the proposed 595 square feet. Mr. Miller explained that the drawings and calculations were computer generated, and he assumed the computer generated measurements would be accurate. Mr. Marcus asked that the application be continued to another date, so that proper documentation with accurate measurements can be provided.
The location of a large pond limits building the apartment in the rear of the property as opposed to building an addition so close to the road. There was comment from Mr. Frank DeSalvo, 113 Mountain Road. Mr. DeSalvo is concerned that future owners may subdivide the parcel, and that neighbors would not have an opportunity to voice their opinion.
ZBA Minutes
5/17/2005, p 2
He was assured that he would have an opportunity to support or oppose any future requests for variance. Michael Greenberg, architect for project, said that a subdivision is not planned, and he has advised the current property owner to not subdivide.
0505-3: Rod Quinn, Owner, 3 Little Egypt Road: request variance to Sec. 3.8, Driveway, Storage of Vehicles and Equipment.
Mr. Quinn explained that he had a work related fall, and has been recuperating. As a result of his accident, most of the equipment from his business---ladders, scaffolding, planks and other materials--- has been stored on his property. He received a cease and desist order from the Zoning Enforcement Officer, stating he had to remove the materials. Mr. Quinn is in the process of returning back to work, and asked that he have some time to remove and store the equipment. Further, since the cease and desist order has been issued he has reached an agreement with his neighbor, who is happy with the progress. The commission asked if 60 days would be enough time, Mr. Quinn thought that would be sufficient.
0505-4: Harold and Betty Ann Sudbury, Owners, 382 Black Rock Turnpike: request variance to Sec. 4.6, Schedule of Requirements, Sub item B, minimum building setbacks, reduce rear yard setback from 50 feet to 45 feet.
Mrs. Betty Ann Sudbury presented her application to the commission. She stated that she had a pool installed and a slab poured for a pool shed. The building inspector had looked at it and approved the slab/pool foundation, before the shed was erected. The shed cannot be moved in five feet due to the location of the pool. Relocation of the shed will also mean a massive reconstruction of the deck, rock wall, fence and steps. Mrs. Sudbury was not aware that there could be a problem or that she had to meet zoning requirements, and that the pool contractors appeared unaware as well. The commission explained that pool contractors should have been aware before construction of the pool. A letter was read into the record written by a neighbor not opposing the shed. There may be some confusion as to whether the line in
question is the side or not. A variance may not be necessary.
0505-5: Joseph Frank, Owner, 6 Tunxis Trail: request variance to Sec. 4.6 from the required side yard setback of 40 feet to the proposed side yard setback of 31.7 feet; Sec. 3.13, increase nonconforming ground coverage area from 25% to 67%.
Neal Marcus presented the application. When house was built, required setback was 25 feet. There is a proposed addition to the second story of the house. The overhang created will not be within the current footprint. The setback of the new construction is no greater than the existing footprint.
A motion to enter deliberative session was made, seconded and carried unanimously at 9:56 p.m.
ZBA Minutes
5/17/2005, p 3
0305-1: Pamela Gould, Owner, 151 Topstone Road: appeal from an order to cease and desist from alleged violation of Sec. 3.8 of the Zoning Regulations issued on January 11, 2005.
After further discussion a motion to grant a variance for November –April, trailer to be kept at least 100 feet from road, behind a fence, in the gravel area indicated in the photograph submitted by the applicant. For the remainder of the year it will be kept behind the barn. The motion was seconded and carried unanimously.
0405-2: Michael Greenberg and Associates, Applicant, 123 Mountain Road: requesting variance to Sec. 4.6 and Sec. 5.12.4, to allow the use of a garage building as a detached accessory apartment with a front setback of 17.6 feet and a side setback of 49.7 feet.
A motion to continue to a future meeting was made, seconded and carried unanimous.
0505-3: Rod Quinn, Owner, 3 Little Egypt Road: request variance to Sec. 3.8, Driveway, Storage of Vehicles and Equipment.
A motion to grant a variance for equipment storage for 60 days from May 17, 2005 was made, seconded and carried unanimously.
0505-4: Harold and Betty Ann Sudbury, Owners, 382 Black Rock Turnpike: request variance to Sec. 4.6, Schedule of Requirements, Sub item B, minimum building setbacks, reduce rear yard setback from 50 feet to 45 feet.
A motion to deny without prejudice based on insufficient hardship was made, seconded and carried unanimously.
0505-5: Joseph Frank, Owner, 6 Tunxis Trail: request variance to Sec. 4.6 from the required side yard setback of 40 feet to the proposed side yard setback of 31.7 feet; Sec. 3.13, increase nonconforming ground coverage area from 25% to 67%.
A motion to grant variance from 40 to 31.7 feet was made, seconded and carried unanimously.
A motion to grant ground coverage based on the current nonconformity being the unusual hardship was made, seconded and carried unanimously
A motion to exit deliberative session was made, seconded and carried unanimously at 10: 13 p.m.
A motion to adjourn was made, seconded and carried unanimously at 10: 13pm.
| 
