TOWN OF REDDING
ZONING BOARD OF APPEALS
MEETING MINUTES
FEBRUARY 20, 2007—8:00 P.M.
TOWN HALL HEARING ROOM
Present:
Philip Bronson, Chairman
Andrea Cotton
Colleen Litoff
Robert Morton
Alternates:
Heloise Fahan
Michael Thompson
Also Present: Tom Gormley, Redding Zoning Enforcement Officer
The meeting was called to order at 8:00 p.m.
Application for 0207-4 was withdrawn and the applicant requested a hearing in March.
REGULAR APPLICATIONS:
0207-1: 147 Cross Highway, William Honan and Nancy Burton, Owners: request appeal from a cease and desist order issued in December by Zoning Enforcement Officer. This property is close to Newtown Turnpike.
Ms. Burton stated that the trailer she keeps goats in fully complies with current zoning regulations and is a legal use of the property. She believes the cease and desist order was issued as a form of harassment, political retaliation and malice. Ms. Burton explained that she used to have a trailer at this address. It was kept in the driveway and the Zoning Enforcement Officer objected to it, but said that if it was covered with a tarp, there would be no problem. Ms. Burton covered the trailer with a tarp.
As part of a political campaign, Ms. Burton had converted the trailer to a goat barn built on wheels. She participates in a goat adoption program, and periodically houses goats used as radiation monitors for the Millstone Nuclear Power Station. Part of the program involved Ms. Burton going around to different town with the goat trailer speaking to different organizations about risk to the public from exposure to nuclear radiation.
Ms. Cotton asked what the dimensions of the trailer were, and Ms. Burton did not say, but showed photographs of the trailer and goats.
After further discussion it was suggested to Ms. Burton to maneuver the trailer in such a way that it was kept in the barn on her property, shielded behind a stockade fence, or kept on a different area of her property. Ms. Burton said that the barn is occupied by a boat on a trailer, and she would rather not have to remove trees on her property in order to relocate the trailer. No trees removal was suggested. She also said that the area where the trailer was being kept is the easiest from which to access and park it. There is a large rock making it difficult to back the trailer into place. Ms. Burton did not want to remove the rock.
Mr. Bronson pointed out that per Redding zoning violations, a barn is a building, and a building has structure and a foundation. This trailer has no foundation, and is on wheels. It is registered as a motor vehicle. If this is a trailer, it must be screened from off premises view.
Mr. Gormley responded by maintaining his position and the necessity for the cease and desist order. He said that when the trailer first appeared, it was a screening issue and he asked Ms. Burton to put the tarp over the trailer. The Zoning Commission later informed Mr. Gormley that a tarp was not acceptable. Although it was not within regulations, Mr. Gormley felt that since he had already told Ms. Burton that the tarp would suffice, he would allow the tarped trailer to remain.
When the use of the trailer changed, he informed Ms. Burton that the tarp would no longer be acceptable, as it was contrary to the Zoning Commission’s wishes. She was informed that she would have to screen the trailer. Ms. Burton installed a stockade fence that did not adequately screen the trailer. Mr. Gormley advised her of this and suggested putting winged sections on the stockade fence, which Ms. Burton was not willing to do.
The trailer may also violate setback regulations. It needs to be 50 feet from the rear setback and 40 feet from each side. If this is considered to be a barn, there could be additional violation in that a permit is required for a barn.
0207-2: 147 Cross Highway, William Honan and Nancy Burton, Owners: request variance from Sec. 3.8, cited in error by the Zoning Commission, per Zoning Enforcement Officer in a cease and desist order dated December 14, 2006, to permit a goat barn.
Ms. Burton claimed to have a topographical hardship in that there are various trees, rocks and stone walls prohibiting relocation of the goat trailer. Ms. Burton said that heavy traffic on Cross Highway also contributes to the difficulty involved in maneuvering the trailer.
0207-3: 7 Hill Road, Joseph Cimino and Cindy Hall, Owners: request variance to Sec 4.6.5b,reduce side yard setback to 3.5 foot minimum; Sec 4.6.5c, reduce rear yard setback 2.5 foot minimum; and Sec 3.9.a, increase wall height allowed within set back from 8 foot to 10 foot maximum.
The property pre-dates zoning regulations. Small size and existing septic in the front of the house contribute to limited area for which to build a pool. The property is surrounded by a large parcel that is owned by Aquarion Water Company. Aquarion submitted a letter stating no objection to the application.
Camille DeGalen, an attorney representing Mr. Cimino and Ms. Hall, and Jane Didona, a Landscape Architect who designed the pool, were present. Ms. Didona gave a presentation of the design of the pool. The pool configuration has it very close to the garage, with the side closest to the garage being a 10 foot high concrete wall—this being the actual side wall of the pool. The use of a vanishing edge on one end of the pool will eliminate the need for decking and a large retaining wall on the side facing the Aquarion property.
The proposed pool location is substantially further away from the property line than previous applications. The biggest changes were to make the pool smaller than the original application, and to move it away from the property line. Ms. Didona said the hardship is the configuration of the existing house and the configuration of the property.
The Redding Roadhouse parking lot is almost 400 feet from the property line, and the Board asked about screening for that side of the pool. Mr. Cimino spoke with the owner of the Redding Roadhouse, who expressed no objection to the application.
Upon a motion by Mr. Morton, seconded by Ms Cotton, the Board voted unanimously to enter deliberative session at 9:30 P.M.
DELIBERATIVE SESSION:
0207-1: 147 Cross Highway, William Honan and Nancy Burton, Owners: request appeal from a cease and desist order issued in December by Zoning Enforcement Officer. This property is close to Newtown Turnpike.
Upon a motion by Ms. Cotton, seconded by Mr. Morton, the Board voted 5-0 to deny this application based on that the Zoning Enforcement Officer correctly interpreted zoning regulations.
0207-2: 147 Cross Highway, William Honan and Nancy Burton, Owners: request variance from Sec. 3.8, cited in error by the Zoning Commission, per Zoning Enforcement Officer in a cease and desist order dated December 14, 2006, to permit a goat barn.
Upon a motion by Ms. Cotton, seconded by Ms. Litoff, the Board voted 5-0 to deny this application based on lack of hardship.
0207-3: 7 Hill Road, Joseph Cimino and Cindy Hall, Owners: request variance to Sec 4.6.5b,reduce side yard setback to 3.5 foot minimum; Sec 4.6.5c, reduce rear yard setback 2.5 foot minimum; and Sec 3.9.a, increase wall height allowed within set back from 8 foot to 10 foot maximum.
Upon a motion by Mr. Morton, seconded by Ms. Cotton, the Board voted 5-0 to deny this application based on setbacks being violated to too great a degree.
Upon a motion made by Ms. Cotton, and seconded by Mr. Morton, the Board voted unanimously to exit deliberative session at 9:51 P.M.
Upon a motion made by Ms. Cotton, and seconded by Ms. Litoff, the Board voted unanimously to adjourn at 9:51 P.M.
These minutes have not been approved by the ZBA.
Submitted by vaz 2/26/2007
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