Present: Frank Taylor; Chairman, Gerry Casiello; Vice Chairman, Ben Gordon, Amy Atamian, Marshall Sanford, and Gary Miyashiro
Absent: Joe Ventricelli and John Shaban
Also Present: Dennis Tobin, Assistant ZEO
REGULAR MEETING
Chairman Taylor called the regular meeting of the Redding Zoning Commission to order at 7:30 p.m. and seated Amy Atamian for absent member Ventricelli.
CONSIDERATION OF THE MINUTES
MOTION: Mr. Sanford made a motion to approve the motions of the regular meeting of March 28, 2007 as submitted. Mr. Casiello seconded the motion and it was carried unanimously.
MOTION: Mr. Sanford made a motion to approve the minutes of the public hearing for March 28, 2007 as submitted. Mr. Casiello seconded the motion and it was carried unanimously.
Elio Cavicchia Sixty Redding, LLC, 60 Redding Road
Mr. Casiello distributed the draft motion he prepared to the Commission and read it into the record.
Background:
The site at 60 Redding Road contains two commercial buildings. The site plan proposal is for a 400sq ft addition to one of the buildings and a 2,000 sq ft restaurant as a third building on the site. The site consists of a steep rock face that must be removed to allow for the necessary parking for these additional uses. The site sits adjacent to Redding Road (State Rte 107) and below the housing development known as Redding Woods. The road leading to Redding Woods (Woods Way) proceeds along the boundary of this site above the proposed rock cut.
The commission held multiple public hearings regarding the site, heard testimony from the applicants geotechnical engineer and referred the application to the town engineer Milone and MacBroom for review
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and comment. The application was also referred to and testimony was received from the local fire marshal, Aquarion water supply and the Redding Waste Water Treatment Commission.
Findings:
The conclusion of the commission is that there is significant risk to the blasting for the rock cut. The risk for the blasting cannot be adequately defined before blasting occurs.
After the rock face is blasted away, there remains a serious question as to the stability of the underlying rock and resultant much steeper rock face.
Although it is possible that the cut will be stable there have been instances on the adjacent property where the rock face was proven to be unstable and collapsed onto the roadway.
The applicant’s geotechnical engineering firm recommended a significant retaining wall be constructed to provide for stability of the excavated rock area. Their final report recommended several actions be provided to mitigate against any potential problems during blasting, excavation, and construction of the proposed wall. Although the applicant agreed to many of the town engineering firm’s recommendations, none of these specific actions had been added to the proposed site plan at the close of the public hearing.
This removal of the rock face is a potential safety hazard to Woods Way, and the houses situated on it. The enormity of the rock cut will surely be unattractive and therefore has the potential to affect housing values in the immediate residential area. No evidence to the contrary was presented at the public hearing by the applicant
There is a further safety hazard in that there is insufficient room to maneuver fire trucks on the site after the proposed new building is added to the site. This would necessitate fighting any fires by parking fire trucks on State Highway 107. This would block the highway and require that hoses be stretched across the highway to reach the fire further increasing the safety hazard. We find this safety hazard as outlined in the report of the Georgetown fire marshal to be beyond the scope of what is acceptable for this site.
Actions:
Since there is no way as of this decision point to determine the stability of the underlying rock face, and there is no acceptable alternative to the fire safety issues outlined by the Georgetown fire marshal, the commission is reluctant to proceed with the removal of the rock face which may endanger the road above the face, the neighboring houses above the site and the state highway in front of the site.
MOTION: Mr. Casiello made a motion to deny the application for the new restaurant structure at 60 Redding Road, and approves the addition of 400 square feet to the existing structure with the condition that the applicant provides an acceptable parking plan (i.e. does not require blasting of the rock face) for the additional requirements for this added square footage and use. Mr. Sanford seconded the motion and it was carried unanimously.
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Therefore, the motion before the Redding Zoning Commission is to DENY the application for the new restaurant structure.
The Commission APPROVES the addition of 400 square feet to the existing structure with the condition that the applicant provides an acceptable parking plan (i.e. does not require blasting of the rock face) for the additional requirements for this added square footage and use.
Attorney for the applicant was present and stated that he feels the application is over the allotted time period for action, therefore it is approved. Mr. Taylor explained that they have 65 days after the close of the public hearing in which to act on the application. The Attorney disagreed with Mr. Taylor. Mr. Taylor will speak to the Town Attorney regarding this.
Reeda B. Harsche Three Levels Corp. 626 Redding Road
Frank Harsche was present for the application and explained that this proposal is an 8-30g application. This same application was before the Conservation Commission and was denied and it now in appeals. Frank Taylor explained that this would be forwarded to the Conservation Commission, Town Engineer, Selectmen, etc. for referrals. Additional fees will be applied.
MOTION: Mr. Gordon made a motion to schedule a public hearing for Reeda B. Harsche, Three Level Corp, 626 Redding Road for May 23, 2007 at 7:30 p.m. Mr. Sanford seconded the motion and it was carried unanimously.
COMMUNICATIONS
Mr. Taylor reviewed the communications.
Mr. Taylor asked the Mr. Tobin review the file for Elio Cavicchia Sixty Redding to verify the time lines.
ADJOURNMENT
MOTION: Mr. Gordon made a motion to adjourn the meeting at 8:05 p.m. Mr. Sanford seconded the motion and it was carried unanimously.
Filed Subject to Approval,
Respectfully Submitted,
Dorothy Torres, Clerk
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