MINUTES OF THE BETHANY ZONING BOARD OF APPEALS
REGULAR MEETING OF MONDAY, MARCH 9, 2009 Page 1 of 3
The regular meeting of the Zoning Board of Appeals was called to order at 8:00 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
David Forman, Member
Steven Massey, Member
Ruth Beardsley, Alternate Member
James Foley, Alternate Member
Brian Sackett, Alternate Member, seated as a regular member.
The following Board member was absent:
Rudolph Beckert, Jr., Member
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Walton, Land Use Assistant
MINUTES
It was moved by Sabatelli and seconded by Beardsley to approve, as submitted, the minutes of the February 9, 2009, regular meeting.
Unanimous approval.
BILLS
1. It was moved by Beardsley and seconded by Sackett to approve the payment of a bill for $95.00, dated March 9, 2009, from Anne Sohon (Court Stenographer) for recording services for public hearing (80 Litchfield Turnpike).
Unanimous approval.
DELIBERATION & DECISION MAKING SESSION
Board members proceeded to discuss the application submitted by Robert D. Hartman for property located at 80 Litchfield Turnpike (Double H Farm LLC) for a 1.4 percent increase of the “total ground coverage” to allow 16.4 percent of ground coverage; for a 3.1 increase of the “total building coverage” to allow 13.1 percent of building coverage; for a 6.2 foot variance of the front yard setback to allow a 93.8 foot front yard setback; and for a 60.3 foot variance of the side yard setback to allow a 39.7 foot side yard setback to allow the construction of an indoor riding ring, additional barn and horse stalls and rebuilding of an existing structure. The Board then proceeded to deliberate.
It was moved by Sackett and seconded by Sabatelli to approve the following motion for the variance for the front yard setback:
The Zoning Board of Appeals grants the approval in part of the application submitted by Robert Hartman to allow a 6.2 foot variance in the front yard setback for the property located at 80 Litchfield Turnpike and shown on Assessor’s Map #126, Lot #38, for a variance of Sections 4.4.E and 4.3.E.3 of the Bethany Zoning Regulations which variance is as follows: Allowing a 93.8 foot front yard setback. This setback is granted specifically to the + 3200 square foot currently existing barn on the property. This setback will not be allowed for any future building.
The variance is granted subject to the following condition:
1. The variance shall not be effective until a copy of it, certified by the Chairman or the Secretary of the Board, and containing a legal description of the subject property, and specifying the nature of the variance (including the Section of the Zoning Regulations being varied) is filed with the Bethany Town Clerk for recording on the Bethany Land Records by the applicant or owner. A copy of the recorded document shall also be filed with the Zoning Enforcement Officer.
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) Special conditions and circumstances exist which are unique to the subject property and which do not affect generally the district to which it is situated.
2) The reasons set forth in the application justify that granting of the variance so as to make possible the reasonable use of the land.
Vote 5 to 0.
Voting were Goldberg, Sabatelli, Forman, Massey, Sackett.
Unanimous approval.
It was moved by Sabatelli and seconded by Forman to approve the following motion for the variance of the total ground coverage and total building coverage:
The Zoning Board of Appeals denies, without prejudice, the request in part of the application submitted by Robert Hartman for the property located at 80 Litchfield Turnpike and shown on Assessor’s Map #126, Lot #38, for a variance of Section 3.4 of the Bethany Zoning Regulations requesting a 1.4 percent increase of the “total ground coverage” and a 3.1 increase of the “total building coverage” only.
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 reasons set forth in the application do not justify the granting of the variance.
3) Literal enforcement of the Bethany Zoning Regulations will not result in exceptional difficulty or unusual hardship.
Vote 5 to 0.
Voting were Goldberg, Sabatelli, Forman, Massey, Sackett.
Unanimous approval.
It was moved by Goldberg and seconded by Sabatelli to approve the following motion for the variance of the side yard setback:
The Zoning Board of Appeals denies, without prejudice, the request in part of the application submitted by Robert Hartman for the property located at 80 Litchfield Turnpike and shown on Assessor’s Map #126, Lot #38, for a variance of Sections 4.4.E and 4.3.E.3 of the Bethany Zoning Regulations requesting a 60.3 foot variance of the side yard setback. Based on the fact the previous variance of Section 3.4 was denied, this variance is not necessary.
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 reasons set forth in the application do not justify the granting of the variance.
3) Literal enforcement of the Bethany Zoning Regulations will not result in exceptional difficulty or unusual hardship.
Vote 5 to 0.
Voting were Goldberg, Sabatelli, Forman, Massey, Sackett.
Unanimous approval.
ADJOURNMENT
It was moved by Forman and seconded by Sabatelli to adjourn the regular meeting at 9:32 p.m.
Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Zoning Board of Appeals
