June 12, 2009
NOTICE OF A CONTINUATION OF A PUBLIC HEARING BY THE BETHANY ZONING BOARD OF APPEALS AT A SPECIAL MEETING ON MONDAY, JUNE 29, 2009
Notice is hereby given of a public hearing continuation to be held by the Bethany Zoning Board of Appeals on Monday, June 29, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, pertaining to the following application:
a) Application submitted by Elizabeth Doering for property located at 184 Sperry Road for a .02 acre variance of the required 3 acre lot size to allow 2.98 acres to have a structure that exceeds 1,000 sq. ft. and for a 40.1’variance to allow a 59.9’ setback where a 100’ setback is required for the installation and construction of a barn.
The hearing commenced on Monday, June 8, 2009.
Antonia R. Marek, Clerk
For the Zoning Board of Appeals
The regular meeting of the Zoning Board of Appeals was called to order at 8:06 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
Steven Massey, Member
Ruth Beardsley, Alternate Member, seated as a regular Member
James Foley, Alternate Member, seated as a regular Member
The following Board members were absent:
David Forman, Member
Brian Sackett, Alternate Member
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Walton, Land Use Assistant
Chair Goldberg took a moment to honor Board Member Rudy Beckert, who recently passed away. Also, Chair Goldberg thanked Board Members Arnold Sabatelli, Jim Foley and Dave Forman, whose term expires on July 1, 2009, for their dedication and service to the Town by being on the Zoning Board of Appeals.
It was moved by Beardsley and seconded by Massey to approve, as submitted, the minutes of the March 9, 2009, regular meeting.
1. It was moved by Beardsley and seconded by Sabatelli to approve the payment of a bill for $95.00, dated June 8, 2009, from Anne Sohon (Court Stenographer) for recording services for public hearing (184 Sperry Road).
1. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Spring 2009.
PUBLIC HEARING – 184 SPERRY ROAD
Chair Goldberg opened the public hearing at 8:11 p.m.
Chair Goldberg read the legal notice for the public hearing for the application submitted by Elizabeth Doering for a .02 acre variance of the required 3 acre lot size to allow 2.98 acres to have a structure that exceeds 1,000 square feet and for a 40.1 foot variance to allow a 59.9 foot setback where a 100 foot setback is required for the installation and construction of a barn..
Present for the public hearing representing the applicant and owner of record was Mr. John Paul Garcia, P.E./L.S. and the owner of record, Elizabeth Doering.
Chair Goldberg stated that the Zoning Regulations state that certified notification is required to the surrounding property owners within 100 feet of the application and the public hearing and that the applicant needs to provide evidence at the time of the public hearing by submitted the green return receipt cards. Mr. Garcia submitted letters from the neighbors (Exhibit 1B, 1C and 1D). Chair Goldberg stated the Board can hear evidence tonight from Mr. Garcia and then continue the public hearing to Monday, May 29, 2009, so that notification can be made. It was the consensus of the Board to go forward with the public hearing.
Chair Goldberg reviewed the procedure that would be followed to conduct 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 1A – Google Map of the subject property submitted by John Paul Garcia.
b) Exhibit 1B – Letter from Yvette Pieck and Paul Mingrino of 190 Sperry Road, dated June 5, 2009, Re: In favor of indoor arena at 184 Sperry Road.
c) Exhibit 1C- Letter from William and Kimberly McClure Brinton of 168 Sperry Road, dated June 7, 2009, Re: No objections to proposed barn at 184 Sperry Road, which will be 100 feet from our property line.
d) Exhibit 1D – Emails between Liz Doering and Ray and Sue Horn of River’s Edge Farm, 91 Bethway Road, last dated June 5, 2009, Re: Possible sales transaction between River’s Edge Farm and Liz Doering.
e) Exhibit 1E – Letter from SCC Regional Water Authority, dated June 4, 2009, Re: Review comments for application for ZBA, 184 Sperry Road.
f) Exhibit 1F – Submitted by John Paul Garcia, map entitled, “Proposed Site Plan, Lot No. 5, Sperry Road”, dated May 21, 2009, revised to June 8, 2009, added lot coverage.
The following Board Members stated for the record that they visited the site: Goldberg, Massey, Sabatelli, Beardsley and Foley.
Some comments or questions from the Board Members are as follows:
Can the barn be moved closer to the house? (Mr. Garcia stated yes but will be too close to house.)
What is the reason for not making the barn smaller? (Mr. Garcia stated smaller would not be practical for a riding stable.)
Property not suited for more than three horses.
Isabel Kearns, Zoning Enforcement Officer, stated the Board cannot consider this a topographical hardship and that the applicant is referring to this application as a barn when it is an indoor riding arena.
Elizabeth Doering, owner of record, stated she would like to ride her horses all year long and not be intrusive to the neighbors.
Chair Goldberg asked if there were any public members who would like to speak in favor of the application. There were none.
Chair Golderg asked if there were any public members who would like to speak in opposition of this application. There were no comments.
At 9:29 p.m., Chair Goldberg recessed the public hearing on the subject application and continued it to a Special Meeting on Monday, June 29, 2009, at 8:00 p.m. in the Commission Meeting Room of the Bethany Town Hall.
It was moved by Beardsley and seconded by Massey to adjourn the regular meeting at 9:30 p.m.
Antonia R. Marek, Clerk
For the Zoning Board of Appeals