TOWN OF REDDING
ZONING BOARD OF APPEALS
MEETING MINUTES
NOVEMBER 15, 2005—8:00 P.M.
TOWN HALL HEARING ROOM
Present:
Philip Bronson, Chairman
Beth Williams
Andrea Cotton
Robert Morton
Alternates: Colleen Litoff, Alternate for Michael Cardillo
The meeting was called to order at 8:00 P.M.
REGULAR APPLICATIONS:
1005-1: 331 Black Rock Turnpike, Ellsworth and Cheryl Jones, Owners—request variance to Sec. 4.6, Entitled Schedule of Requirements; Subsection 5, Minimum Building Setbacks, request backyard variance from 50 feet to 32 feet, total variance 18 feet from property line to construct a deck;
Mr. Jones presented his application for the variance to the Board. He stated that the deck is being needed off of the master bedroom to serve as access to the backyard as well as an emergency exit for his wife, who uses a wheelchair. The house now has steps both in the front and side entrance’s. Mr. Jones received approval from the Conservation Commission for the proposed work. There is a wooded area and some wetland area past the backyard. There are no erosion issues, and the nearest neighbor will not be visually impacted. The deck area cannot be seen from the road. There will be a few elongated steps leading from the deck to the yard.
There was no correspondence from neighbors.
Mr. Tom Gormley, Redding Zoning and Wetlands Officer, stated that he went out to the property, and has no issue with the deck being built.
Mr. Mike Pagano spoke in support of the deck being built.
1105-1: 1 North Main Street, Kemsco Construction and Equipment Company, Inc., Applicant—request appeal to cease and desist order issued by Redding Zoning Enforcement Officer, dated September 19, 2005;
The application states the following:
“1) The property is not being used as a construction staging area;
2) The Town of Redding Zoning Regulations do not apply to the Applicant as an Agent and/or
Contractor of Connecticut Light and Power;
3) The Applicant is using the property consistent with the permission granted by the Town of
Redding;
4) The cease and desist order is otherwise invalid or un-enforceable.”
Mr. Ryan Baltrash, an attorney representing Kemsco, presented the appeal to the Board.
Mr. Baltrash stated that after filing the appeal, nighttime activity has ceased, and the property is being used between the hours of 7 A.M. and 5 P.M., within the window originally agreed upon, which is 7 A.M. to 6:30 P.M. The area is being used to store construction equipment and trucks, and is no longer being used as a construction staging area. They expect to be out of the premises by the end of the year, which is consistent with extension granted by the Zoning Commission in June, 2006.
There is some confusion with regard to the belief that Kemsco, operating as an agent of CL&P, is not subject to the regulations of municipalities, because CL&P is subject to certain immunities. Mr. Baltrash stated that Kemsco is no longer fighting the cease and desist order, and agree to comply with Redding zoning regulations. The owners of the property, Georgetown Land Development Co., LLC, (GLD) had gone to the Zoning Commission to ask that they be able to lease the area to CL&P. Kemsco, as an agent of CL&P has been using the area (a parking lot) for storage of equipment and trucks, while doing roadwork in Redding.
Mr. Tom Gormley, Redding Zoning and Wetlands Officer pointed out that before the cease and desist order was issued, that night work and cement work was being done “24/7”.
Mr. Gormley read from the original lease between GLD and Kemsco dated April 1, 2005.
“The lease provides as follows: The Lessee will use the premises in the areas instructed manner that does not violate any local, state or federal ordinance, will implement whatever corrective action may be mandated in the event of a violation. Lessee shall be responsible for determining whether any federal, state or municipal license or permits, including zoning, health and conservation, air emission permits, storm water permits are required for its operation, if so required. Lessee shall at its sole cost and expense, obtain and maintain such permits. In the event lease fails to correct any such violations after reasonable notice, lease has the right to take corrective action, and lease shall be responsible for all reasonable expenses of such corrective action.”
Mr. Gormley received a copy of the lease with a letter dated November 9, 2005, from GLD’s attorney, Mr. Richard Gibbons. The letter was read into the record by Mr. Gormley as follows:
“Dear Mr. Gormley,
As you know, I represent the Georgetown Land Development Company, LLC. I am in receipt of your letter (a letter sent by Mr. Gormley requesting their position) I (unintelligible) in regarding my client’s position with respect to recently issued cease and desist. My clients lease with Kemsco provides that they must use the leased premises in accordance with local laws and ordinances. By letter dated September 19, 2005, I reminded Kemsco of their obligations in this regard and the possible consequences if they fail to do so.”
A copy of that correspondence was also sent to Mr. Gormley. In Mr. Gormley’s opinion, the regulations set forth by the Citing Council does not exempt CL&P from use of a private yard that was leased to Kemsco for use as only a parking area for trucks, trailers and equipment. The last extension was granted in June 2005 and will expire at the end of December 2005. The extension was for storage of materials, crushed stone or sand.
Bennett Fletcher, a neighbor of the site who lives at 5 South Church Street, spoke and stated that up to as recently as a few days ago, work was continuing throughout the night. He further said that after the cease and desist order was received, activity dropped significantly, but operation continued nonetheless. Back up alarms, bucket loaders, cement trucks, and other truck traffic at all hours of the morning are some of the complaints made by Mr. Fletcher.
Mr. Mike Pagano, from Old Mill Road, spoke in agreement with Mr. Fletcher. He reported that in a meeting with CL&P, residents were told that there was another sight that the operation would be moved to. Both residents asked for the towns help in improving the situation.
Gerald Casiello, Vice Chairman from the Zoning Commission, stated that this was a willful violation of zoning regulations.
Upon a motion by Ms. Williams, seconded by Ms. Cotton, the Board voted 5-0-0 to enter deliberative session.
DELIBERATIVE SESSION:
1005-1: 331 Black Rock Turnpike, Ellsworth and Cheryl Jones, Owners—request variance to Sec. 4.6, Entitled Schedule of Requirements; Subsection 5, Minimum Building Setbacks, request backyard variance from 50 feet to 32 feet, total variance 18 feet from property line to construct a deck.
After careful consideration and discussion, it was determined that safety factors and unusual circumstances were the hardship.
Upon a motion made by Ms. Cotton, seconded by Ms. Litoff, the Board voted 5-0-0 to approve the request to reduce the backyard variance from 50 feet to 32 feet, based on unusual hardship and safety issues.
1105-1: 1 North Main Street, Kemsco Construction and Equipment Company, Inc., Applicant—request appeal to cease and desist order issued by Redding Zoning Enforcement Officer, dated September 19, 2005.
After careful consideration and discussion, it was determined that the site is being used for a construction site and nighttime work, witnessed by numerous people. It was also determined that zoning regulations are being violated
Upon a motion made by Ms. Williams, and seconded by Ms. Cotton, the Board voted 5-0-0 to deny the appeal and maintain the order to cease and desist.
Upon a motion by Ms. Williams, and seconded by Mr. Morton, Philip Bronson was nominated 5-0-0 to continue as Chairman of the Zoning Board of Appeals.
Upon a motion by Ms. Cotton, and seconded by Mr. Bronson, Beth Williams was nominated 5-0-0 to continue as Secretary for the Zoning Board of Appeals.
Upon a motion made by Ms. Williams, and seconded by Ms. Cotton, the Board voted to exit deliberative session.
Upon a motion made by Ms. Litoff, and seconded by Ms. Williams, the Board voted 5-0-0 to adjourn.
Submitted by vaz 11/21/2005
These minutes have not been approved by the ZBA
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