Monday, March 2, 2009


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


It was moved by Foley and seconded by Forman to approve, as submitted, the minutes of the January 12, 2009, 2008, regular meeting.
Unanimous approval.


1. It was moved by Forman and seconded by Sackett to approve the payment of a bill for $95.00, dated February 9, 2009, from John McLeod (Court Stenographer) for recording services for public hearing (80 Litchfield Turnpike).
Unanimous approval.

PUBLIC HEARING: 80 Litchfield Turnpike

Chair Goldberg opened the public hearing at 8:05 p.m.

Chair Goldberg read the legal notice pertaining to the public hearing for 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.

Chair Goldberg reviewed the procedure that would be followed to conduct the public hearing.

Chair Goldberg asked the applicant for the proof of notification to the property owners within 100 feet of the boundaries of the subject property. Mr. John Paul Garcia, P.E. representing the applicant, submitted green return receipt cards and the certified mail receipts (Exhibit 1A and Exhibit 1B).

Chair Goldberg noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
a) Exhibit 1 – Submitted by John Paul Garcia, six Green Return Receipt cards from neighbors within 100 feet of the subject property with proof of receipt of notice of the Zoning Board of Appeals application.
b) Exhibit 2 – Submitted by John Paul Garcia, eleven Certified Mail Receipts to neighbors within 100 feet of the subject property for proof of mailing.
c) Exhibit 3 – Submitted by John Paul Garcia, a Green Return Receipt card and a Certified Mail Receipt to the Regional Water Authority, Environmental Affairs Department.
d) Exhibit 4 – Submitted by John Paul Garcia, copy of a portion of the assessor’s map of the subject property with red checks showing the adjoining properties in support of the variances and eight letters from adjoining properties stating their support of the proposed plans.
e) Exhibit 5 – Letter from Alice Mulqueen of 123 Litchfield Turnpike, Bethany, dated February 9, 2009, Re: Opposition to proposed commercial operation located at 80 Litchfield Turnpike.
f) Exhibit 6 – Letter from South Central Connecticut Regional Water Authority, dated February 3, 2009, Re: Review of application for 80 Litchfield Turnpike.

Presenting the application was John Paul Garcia, P.E. and L.S. representing the applicant. Mr. Garcia presented a brief overview of the location of the proposed project. Mr. Garcia explained the reason for the variances due to the existing buildings that have zoning irregularities, and the edge and the wetlands on the property. Also, Mr. Garcia stated that the applicant’s intent is to construct an indoor riding arena and stalls, which is in harmony with the neighborhood.

Some of the Board Members questioned or commented on the following items:
Buildable land percentage. Too many buildings on the property.
Is a buffer required for the wetlands?
Can the proposed building size be decreased?

Chair Goldberg asked if there were any public members who would like to speak in favor of the application. The following resident commented:

Tom Lambrecht of 96 Litchfield Turnpike – Mr. Lambrect stated he is in favor of the application for the indoor riding ring. Mr. Lambrect feels this operation would be beneficial to children and will create new jobs in the area.

Chair Goldberg asked if there were any public members who would like to speak in opposition of this application. The following residents commented:

Nancy Lewis of 76 Litchfield Turnpike – Mrs. Lewis is in opposition of the application. Mrs. Lewis feels that this large enterprise would not be compatible with the area and it would bring more traffic, noise and light at night.
Katherine Weber of 108 Beacon Road – Mrs. Weber is in opposition of the application. Mrs. Weber feels the project is massively out of scale for the property and is concerned with the manure storage.

Mr. Garcia reiterated that the hardship is due to the number of existing buildings on the site and the location of them.

Alternate member Jim Foley left the hearing at 9:20 p.m.

At 10:07 p.m., Chair Goldberg closed the public hearing on the subject application.


Board members proceeded to discuss the application.

Board members feel the proposed business is in harmony with the area but had concerns with the size of the proposed building. It was the consensus of the Board to table the application until the next regular meeting scheduled for Monday, March 9, 2009, at 8:00 p.m. and to have the Town Attorney review.


It was moved by Sabatelli and seconded by Forman to adjourn the regular meeting at 10:59 p.m.
Unanimous approval.

Respectfully submitted,

Antonia R. Marek, Clerk
For the Zoning Board of Appeals