MINUTES OF THE BETHANY ZONING BOARD OF APPEALS
REGULAR MEETING OF MONDAY, JULY 13, 2009 Page 1 of 4
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
Steven Massey, Member
Ruth Beardsley, Member
James Gugliotti, Member
Michael Hendrick, Alternate Member, seated as a regular member.
Bradford Buchta, Alternate Member
Ben Rosenbloom, Alternate Member
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Walton, Land Use Assistant
ELECTION OF OFFICERS
It was moved by Beardsley and seconded by Massey to nominate Carol Goldberg as Chair for the Zoning Board of Appeals for the 2009 to 2010 term. Unanimous approval.
It was moved by Massey and seconded by Gugliotti to nominate Ruth Beardsley as Vice-Chair for the Zoning Board of Appeals for the 2009-2010 term. Unanimous approval.
It was moved by Beardsley and seconded by Gugliotti to nominate Steve Massey as Secretary for the Zoning Board of Appeals for the 2009-2010 term. Unanimous approval.
It was moved by Beardsley and seconded by Massey to approve, as submitted, the minutes of the June 8, 2009, regular meeting.
It was moved by Massey and seconded by Beardsley to approve, as submitted, the minutes of the June 29, 2009, special meeting.
1. It was moved by Beardsley and seconded by Massey to approve the payment of a bill for $95.00, dated July 13, 2009, from Anne Sohon (Court Stenographer) for recording services for public hearing (57 Edwards Road).
PUBLIC HEARING – 57 EDWARDS ROAD
Chair Goldberg opened the public hearing at 8:06 p.m.
Chair Goldberg read the legal notice pertaining to the public hearing for the application submitted by Debra Colaci for property located at 57 Edwards Road for an 11.6-foot variance of the front yard setback to allow a 38.4-foot front yard setback and for a 10.4-foot variance of the side yard setback to allow a 39.6-foot side yard setback for the installation of a inground pool.
Chair Goldberg reviewed the procedure that would be followed to conduct the public hearing.
Chair Goldberg stated the applicant requested a waiver of the T-3 topographic survey requirement. The following Board Members stated for the record that they visited the site: Goldberg, Beardsley, Massey, Gugliotti, Hendrick, Rosenbloom, Buchta.
Present for the public hearing was Debra Colaci, applicant and owner of record, and her father, William Edwards of 61 Edwards Road.
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 of the public hearing and that the applicant needs to provide evidence at the time of the public hearing by submitting the green return receipt cards. Ms. Colaci submitted an affidavit of mailing and green cards (Exhibits 1A, 2A, and 3A).
Chair Goldberg noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
a) Exhibit 1A – Affidavit of Mailing, dated July 10, 2009, to neighbors within 100 feet of the subject property with attached letter that was sent to neighbors.
b) Exhibit 2A – Letter from Beth Richter of 45 Edwards Road, dated July 12, 2009, Re: Receipt of notification of application.
c) Exhibit 3A- Three Green Return Receipt cards from the following:
· (1) – Mr. and Mrs. Donald Husted of 65 Edwards Road.
· (2) – Mrs. Marge Flickinger of 49 Edwards Road.
· (3) – Mr. and Mrs. William Edwards of 61 Edwards Road.
d) Exhibit 4A – Copy of old A2 map stamped by Quinnipiack Valley Health District dated June 15, 2009, showing the septic system.
e) Exhibit 5A – Email from Cindy Gaudino of Connecticut Water Company dated June 30, 2009, Re: 57 Edwards Road, property not located on Connecticut Water Company watershed.
f) Exhibit 6A – Email from Michael Guaglionone of the SCC Regional Water Authority dated July 6, 2009, Re: 57 Edwards Road, not on Regional Water Authority watershed.
g) Exhibit 7A – Submitted by applicant list of abutting landowners next to 57 Edwards Road.
h) Exhibit 8A – Submitted by Michael Hendrick, ZBA alternate member, fifteen photographs of the subject property.
Ms. Colaci explained her desire to install an inground pool and the need for a variance due to the steep hill, ledge and outcroppings of rocks on the property.
Board members questioned Ms. Colaci as to other locations on the property where the pool could be installed but due to the land being topographically challenged there seemed to be no other location that would work for the installation of the pool.
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.
Isabel Kearns, Zoning Enforcement Officer, stated that there is a hardship of the land and that the land is topographically challenged.
At 8:37 p.m., Chair Goldberg closed the public hearing on the subject application.
DELIBERATION AND DECISION MAKING SESSION
Board members discussed the application and proceeded to deliberate.
57 Edwards Road – It was moved by Goldberg and seconded by Hendrick to grant the approval of the application submitted by Debra Colaci for property located at 57 Edwards Road and shown on Assessor’s Map #115, Lot #6, requesting a variance of Sections 3.4 and 4.1.C of the Bethany Zoning Regulations, specifically for an 11.6-foot variance of the front yard setback to allow a 38.4-foot front yard setback and for a 10.4-foot variance of the side yard setback to allow a 39.6-foot side yard setback for the installation of an inground pool.
The variance is granted subject to the following conditions:
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 which are specifically the amount of ledge throughout the entire property.
2) The variance will be in harmony with the general purpose and intent of these Regulations.
Vote 5 to 0.
Voting for: Goldberg, Beardsley, Massey, Gugliotti, Hendrick.
It was moved by Massey and seconded by Gugliotti to adjourn the regular meeting at 8:45 p.m.
Antonia R. Marek, Clerk
For the Zoning Board of Appeals