MINUTES OF THE BETHANY ZONING BOARD OF APPEALS
REGULAR MEETING OF TUESDAY, OCTOBER 13, 2009 Page 1 of 4
The regular meeting of the Zoning Board of Appeals was called to order at 8:04 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following Board Members were present:
Ruth Beardsley, Vice Chair, acting as Chair
Steven Massey, Member
James Gugliotti, Member
Bradford Buchta, Alternate Member, seated as a voting Member
The following Board Members were excused or absent:
Carol Goldberg, Chair
Michael Hendrick, Alternate Member
Ben Rosenbloom, Alternate Member
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Walton, Assistant Zoning Enforcement Officer
It was moved by Gugliotti and seconded by Massey to approve, as submitted, the minutes of the September 14, 2009, regular meeting.
Voting were Massey, Gugliotti, Buchta.
It was moved by Gugliotti and seconded by Massey to approve the payment of a bill for $95.00, dated October 13, 2009, from Anne Sohon (Court Stenographer) for recording services for the public hearing (258 Bear Hill Road).
PUBLIC HEARING – 258 BEAR HILL ROAD
Acting Chair Beardsley opened the public hearing at 8:06 p.m.
Acting Chair Beardsley read the legal notice pertaining to the public hearing for the application submitted by George Taylor for his property located at 258 Bear Hill Road for an 18.85’ variance from Robertson Drive to allow a 31.15’ front yard setback and for a 13.75’ variance from Bear Hill Road to allow a 36.25’ front yard setback for the installation of a carport.
Acting Chair Beardsley 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: Beardsley, Massey, Gugliotti, and Buchta.
Acting Chair Beardsley 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 an affidavit of mailing and the green return receipt cards.
Acting Chair Beardsley 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. Taylor, the Affidavit of Mailing, dated October 9, 2009, to the neighbors within 100 feet of the subject property, a copy of the letter that was sent to the neighbors and Ten Certified Mail Receipts.
b) Exhibit 2A – Submitted by Mr. Taylor, Six Green Return Receipt Cards and Four sheets of Track and Confirm information for the United States Post Office.
Acting Chair Beardsley addressed the Board in regard to the applicant’s request to waive the topographic survey requirement. The Board unanimously determined the topographic survey is not required.
Present to speak on behalf of the application was George and Donna Taylor, applicants and owners of record. Mr. Taylor addressed the Board in regard to the previous variance that was approved by the Board in 2008 and due to the former contractor’s error in measurement and the new contractor’s measurement; a new variance is needed because the previous approved variance would not be sufficient. Mr. Taylor expressed the fact that there is no other location to install the carport due to the well location and the ledge on the property.
In discussion, Board members commented and noted the following:
· Was the previous variance recorded on the land records? (Karen Walton, Assistant ZEO, stated yes.)
· The well is located under the sidewalk.
· If the carport is placed over the well, there would be pollution from cars into the well and it would be in the way if work had to be performed on the well.
· Part of the hardship from the previous approval was the fact the lot is undersized.
· There are quite a few oak trees on the property but the applicant stated he would not be removing any trees.
Acting Chair Beardsley asked if there were any public members who would like to speak in favor of the application. There were none.
Acting Chair Beardsley 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 8:27 p.m. Acting Chair Beardsley closed the public hearing on the subject application.
PUBLIC HEARING – 4 HILLDALE ROAD
Acting Chair Beardsley opened the public hearing at 8:29 p.m.
Acting Chair Beardsley read the legal notice pertaining to the public hearing for the application submitted by Anthony Hebert for his property located at 4 Hilldale Road for a 27.01’ variance of the side yard setback to allow a 22.99’ side yard setback for the construction of a deck.
Isabel Kearns, ZEO, stated the applicant chose to wait until the next regular meeting when there will be 5 members present.
At 8:30 p.m., Acting Chair Beardsley recessed the public hearing and continued it to the next regular meeting on Monday, November 9, 2009, at 8:00 p.m. in the Commission Meeting Room located at the Bethany Town Hall.
DELIBERATION AND DECISION MAKING SESSION
Board members further discussed the application and proceeded to take action on the application.
258 Bear Hill Road – It was moved by Gugliotti and seconded by Massey to grant the approval of the application submitted by George and Donna Taylor for their property located at 258 Bear Hill Road and shown on Assessor’s Map #107, Lot #13, requesting a variance of Sections 3.4, 4.1.B and 4.1.C of the Bethany Zoning Regulations, specifically to grant an 18.85’ variance from Robertson Drive to allow a 31.15’ front yard setback and for a 13.75’ variance from Bear Hill Road to allow a 36.25’ front yard setback for the installation of a carport.
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 the topography of the land and the location of the well.
2) These special conditions and circumstances do not result from the actions of the applicant or the property owner.
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.
4) Literal enforcement of the Bethany Zoning Regulations would result in exceptional difficulty or unusual hardship.
5) In granting the variance, substantial justice will be done, and the public safety and welfare will be secured.
Vote 4 to 0.
Voting for: Beardsley, Massey, Gugliotti, Buchta.
It was moved by Gugliotti and seconded by Massey to adjourn the regular meeting at 8:50 p.m.
Antonia R. Marek, Clerk
For the Zoning Board of Appeals