TOWN OF REDDING
ZONING BOARD OF APPEALS
MEETING MINUTES
SEPTEMBER 18, 2007—8:00 P.M.
TOWN HALL HEARING ROOM
Present:
Philip Bronson, Chairman
Andrea Cotton
Colleen Litoff
Robert Morton
Alternates: Heloise Fahan; Michael Thompson
The meeting was called to order at 8:00 p.m.
REGULAR APPLICATIONS:
0907-1: 2 Bald Rock Road, Cornelia Hurwitz, Owner: Request variance to Sec 4.6, reduce rear yard setback from 50 feet to 12 feet, and Sec 3.13, non-conforming area.
The applicant asked to postpone the application until further notice.
0907-2: 21 Sullivan Drive, Peter M. Schultz, Owner: Request variance to Sec 4.6 and Sec 8.1.245, reduce sideline from 40 feet to 2 feet to accommodate 2 existing propane tanks.
Peter Scalzo, James Smith and Mr. Schultz presented the application to the Board. The two 120 gallon propane tanks have been in their present location since installed in May 2004. A building permit was obtained but no Certificate of Occupancy was issued. A town inspection was done and it was determined that the tanks were too close to an ignition source. Photographs were provided by Mr. Schultz. Town code calls for a distance of 10 feet from tanks to ignition source, and Hocon Gas states that it should be 25 feet. Mr. Schultz pointed out that there is heavy vegetation buffering the tanks from neighbors view. He states that moving the tanks would mean a clear view from the road of the tanks. The tanks are seated on concrete pads approximately 3 feet by 6 feet in size. Mr. Bronson pointed out that according to current
Redding Zoning regulations, the tanks can be considered structures, as they are seated on concrete foundations.
Mr. Scalzo stated that safety issues were the hardship. Mr. Schultz would consider additional vegetative buffering as an option. Mr. Scalzo asked if Connecticut General Statute 8.13(a) could be considered, and interpreted the statute in that a complimentary structure to a residence would be “grandfathered” if 3 years had passed without action against it. Mr. Bronson pointed out that this applied to buildings, not structures.
Andrew Gordon, 23 Sullivan Drive, spoke in opposition to the tank location. He said that the tanks may be buffered by vegetation in the summer, but during winter months they are easily visible. Mr. Gordon also said that some buffering vegetation had been removed by Mr. Schultz in error due to misinformation regarding the property line. Mr. Gordon house is approximately 75-85 feet from the tank location.
0907-3: 8 Giles Hill Road, Mark Giumarra, Owner: Request variance to Sec 4.6 5 foot sideline variance to rebuild a barn.
Mr. Giumarra presented his application to the Board. He said that a present barn has a rotted foundation and that it would be more cost effective to rebuild it rather than repair it. The building is currently 25 feet from the property line, and there is room to move it further from the property line, but septic issues exist and there are plantings that Mr. Giumarra would rather not remove.
The Board discussed other option with Mr. Giumarra as to turning the barn.
0907-4: 10 Sunnyview Drive, Donald McKenna, Owner: Request variance to Sec 4.6 sub item 5(b), reduce sideline from 40 feet to 20 feet for a shed.
Mr. McKenna presented his application to the Board. He stated that the property slopes approximately 2 feet and there are septic and wetland issues. The Conservation Commission had said that the location of the shed was fine as long as it is at least 85 feet from the wetland area. Mr. McKenna did not have confirmation of this from the Conservation Commission. His neighbors support the location of the shed. The property is 125 X 378 X 375. The shed is 12 feet X 20 feet. The Board pointed out that the property slope was not so severe as to eliminate the relocation of the shed. A variance may not be necessary if the shed can be repositioned at least 40 feet from each side of the property.
Deliberative Session
The Board voted unanimously to enter Deliberative Session at 9:10 p.m.
0907-2: 21 Sullivan Drive, Peter M. Schultz, Owner: Request variance to Sec 4.6 and Sec 8.1.245, reduce sideline from 40 feet to 2 feet to accommodate 2 existing propane tanks.
After careful consideration, the Board decided that this is a self-inflicted hardship; the tanks qualify as a structure that never received a certificate of occupancy, and that the tanks can be placed at other locations on the property that would not require a variance.
Upon a motion by Ms. Litoff, seconded by Mr. Morton, the Board voted unanimously to deny the request based on lack of hardship and alternative options.
0907-3: 8 Giles Hill Road, Mark Giumarra, Owner: Request variance to Sec 4.6 5 foot sideline variance to rebuild a barn.
After careful consideration, the Board decided that the septic presents a problem, but there are other options available that would not require a variance.
Upon a motion by Ms. Cotton, seconded by Mr. Morton, the Board voted unanimously to deny the request based on lack of hardship.
0907-4: 10 Sunnyview Drive, Donald McKenna, Owner: Request variance to Sec 4.6 sub item 5(b), reduce sideline from 40 feet to 20 feet for a shed.
After careful consideration, the Board decided that there were alternate locations available, and that the decision of the Conservation Commission was not confirmed.
Upon a motion by Ms. Cotton, seconded by Mr. Thompson, the Board voted unanimously to deny the request without prejudice based on no demonstrated hardship and pending a decision from the Conservation Commission and investigation of alternative locations for the shed by the applicant.
The Board voted unanimously to exit Deliberative Session at 9:08 p.m.
Mr. Bronson thanked Andrea Cotton for her efforts and involvement as part of the Zoning Board of Appeals, as Ms. Cotton will not seek reappointment.
Upon a motion made by Mr. Morton, and seconded by Ms. Cotton, the Board voted unanimously to adjourn at 9:10 P.M.
These minutes have not been approved by the ZBA.
Submitted by vaz 9/24/2007
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