MINUTES OF THE BETHANY ZONING BOARD OF APPEALSREGULAR MEETING OF MONDAY, JANUARY 12, 2009
The regular meeting of the Zoning Board of Appeals was called to order at 8:05 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following Board members were present:
Carol Goldberg, Chair
Arnold Sabatelli, Vice-Chair, who arrived at 8:11 p.m.
David Forman, Member
Steven Massey, Member
Ruth Beardsley, Alternate Member, seated as a regular member
The following Board members were absent:
Rudolph Beckert, Jr., Member
James Foley, Alternate Member
Brian Sackett, Alternate Member
Also present was:
Isabel Kearns, Zoning Enforcement Officer
It was moved by Beardsley and seconded by Forman to approve, as submitted, the minutes of the December 8, 2008, regular meeting.
1. It was moved by Forman and seconded by Massey to approve the payment of a bill for $95.00, dated January 12, 2009, from John McLeod (Court Stenographer) for recording services for public hearing (325 Amity Road).
PUBLIC HEARING: 325 Amity Road
Chair Goldberg opened the continuation of the public hearing at 8:09 p.m.
Chair Goldberg stated it would be for the best interest of the applicant to have one more Member present. Mr. Sabatelli, Member, was in route to the meeting. Chair Goldberg recessed the continuation of the public hearing at 8:10 p.m.
Mr. Sabatelli arrived at 8:11 p.m. Chair Goldberg reconvened the continuation of the public hearing.
Chair Goldberg read the Notice of Continuation for the public hearing into the hearing record.
Chair Goldberg reviewed the procedure that would be followed to conduct the continuation of the public hearing.
Chair Goldberg noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
a) Exhibit 1B – Submitted by the applicant six Green Return Receipt cards from neighbors within 100 feet of the subject property with proof of receipt of notice of the ZBA application and eight returned letters that were not picked up at the Post Office.
b) Exhibit 2B – A copy of letter from Brad Bertele to neighbors within 100 feet of the subject property, dated November 25, 2008, submitted by Member Dave Forman and read into the hearing record by Chair Goldberg.
Present for this application was Mr. Brad Bertele, applicant and owner of record and Ms. Melissa Pogwizd. Mr. Bertele briefly reinstated the need for the larger sign and also stated he would be willing to look at something smaller if necessary.
At 8:25 p.m., Chair Goldberg closed the public hearing.
DELIBERATION & DECISION MAKING SESSION
Board members proceeded to discuss the application and deliberate.
325 Amity Road – It was moved by Beardsley and seconded by Forman to accept the following motion to deny the application submitted by William B. Bertele for property located at 325 Amity Road (Blackhorse Equestrian Center):
The Zoning Board of Appeals denies the application of William B. Bertele for the property located at 325 Amity Road and shown on Assessor’s Map #113, Lot #34 for a Variance of Section’s 7.1. N, 7.2.F and 7.2.E of the Bethany Zoning Regulations.
Based upon the evidence presented at the public hearing and the facts revealed by the Board’s general acquaintance with the Town and with the general locality of the subject property, the Board makes the following findings:
1) The application does not demonstrate that special conditions and circumstances exist which are unique to the subject property involved.
2) The application demonstrates that granting the variance will confer upon the property owner a special privilege that is denied by the Bethany Zoning Regulations to other lands, structures, or buildings in the same zoning district.
3) The reasons set forth in the application do not justify the granting of the variance.
4) Literal enforcement of the Bethany Zoning Regulations will not result in exceptional difficulty or unusual hardship.
5) The variance will not be in harmony with the general purpose and intent of the Bethany Zoning Regulations.
Vote 5 to 0.
It was moved by Sabatelli and seconded by Beardsley to adjourn the regular meeting at 8:46 p.m.
Antonia R. Marek, Clerk
For the Zoning Board of Appeals