MINUTES OF THE BETHANY ZONING BOARD OF APPEALS
REGULAR MEETING OF MONDAY, SEPTEMBER 14, 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
James Gugliotti, Member
Michael Hendrick, Alternate Member, seated as a voting Member
Bradford Buchta, Alternate Member, seated as a voting Member
Ben Rosenbloom, Alternate Member, seated as a voting Member for the public hearing.
The following Board Member was excused:
Ruth Beardsley, Vice Chair
Also present was:
Karen Walton, Assistant Zoning Enforcement Officer
It was moved by Gugliotti and seconded by Hendrick to approve, as submitted, the minutes of the July 13, 2009, regular meeting.
Voting were Goldberg, Massey, Gugliotti, Hendrick, Buchta.
It was moved by Gugliotti and seconded by Buchta to approve, as submitted, the minutes of the July 20, 2009, special meeting.
Voting were Goldberg, Massey, Gugliotti, Buchta.
It was moved by Gugliotti and seconded by Hendrick to approve the payment of a bill for $95.00, dated September 14, 2009, from Anne Sohon (Court Stenographer) for recording services for the public hearing (10 Bachelor Oak Road).
PUBLIC HEARING – 10 BACHELOR OAK ROAD
Chair Goldberg opened the public hearing at 8:02 p.m.
Jim Gugliotti recused himself.
Chair Goldberg read the legal notice pertaining to the public hearing for the application submitted by Robert McSherry for his property located at 10 Bachelor Oak Road for a 5.9’ variance of the side yard setback to allow a 94.1’ side yard setback and for a 2.3’ variance of the front yard setback to allow a 97.7’ front yard setback for a barn..
Chair Goldberg reviewed the procedure that would be followed to conduct the public hearing.
The following Board Members stated for the record that they visited the site: Goldberg, Massey, Hendrick, Rosenbloom, Buchta.
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 that the applicant needs to provide evidence at the time of the public hearing by submitting the green return receipt cards. Mr. McSherry submitted the affidavit of mailing and green cards (Exhibit 1A).
Chair Goldberg noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
a) Exhibit 1A – Submitted by Mr. McSherry, the Affidavit of Mailing, dated September 9, 2009, to the neighbors within 100 feet of the subject property and also included three Green Return Receipt cards.
b) Exhibit 1B – Submitted by Mr. McSherry, a letter from neighbor, Mr. and Mrs. Christoph Hahner of 30 Bachelor Oak Road, dated September 13, 2009, stating they had received notice of the application.
c) Exhibit 1C – Submitted by Mr. McSherry, the Post Office Receipt, dated August 31, 2009, showing that there were four certified letters sent out.
Present to speak on behalf of the application was Robert McSherry, applicant and owner of record. Mr. McSherry stated that at the start of construction the excavator hit ledge and then decided to moved the barn 2 ½ feet forward to avoid the ledge. Mr. McSherry noted that he did not want to blast due to possible problems with his well.
In discussion, Commission members noted:
· The barn will not be another living quarters.
· The barn was purchased prior to the start of construction as a kit and could not be altered in size.
· The barn could not be moved to the north or west due to the wetlands on the property.
Chair Goldberg asked if there were any public members who would like to speak in favor of the application. There were none.
Chair Goldberg asked if there were any public members who would like to speak in opposition of this application. There were no comments.
There being no further discussion, at 8:22 p.m. Chair Goldberg closed the public hearing on the subject application at 8:22 p.m.
DELIBERATION AND DECISION MAKING SESSION
Board members further discussed the application and proceeded to take action on the application.
10 Bachelor Oak Road – It was moved by Goldberg and seconded by Massey to grant the approval of the application submitted by Robert J. McSherry for his property located at 10 Bachelor Oak Road and shown on Assessor’s Map #105, Lot #12-1, requesting a variance of Section 4.3.E.3 of the Bethany Zoning Regulations, specifically to grant a 5.9-foot variance of the southerly side yard setback resulting in a 94.1-foot southerly side yard setback and to grant a 2.3-foot variance of the front yard setback resulting in a 97.7-foot front yard setback for a barn.
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 and which do not affect generally the district to which it is situated. These conditions and circumstances are ledge, wetlands and the topography of the land.
2) A strict and literal interpretation of the Zoning Regulations would deprive the property owner of rights commonly enjoyed by other properties in the same district.
3) Granting the variance will not confer upon the applicant or the property owner any special privilege that is denied by the Bethany Zoning Regulations to other land in the same district.
Vote 5 to 0.
Voting for: Goldberg, Massey, Buchta, Hendrick, Rosenbloom.
It was moved by Buchta and seconded by Massey to adjourn the regular meeting at 8:33 p.m.
Antonia R. Marek, Clerk
For the Zoning Board of Appeals