Wednesday, December 23, 2009

MINUTES OF THE BETHANY ZONING BOARD OF APPEALS
REGULAR MEETING OF MONDAY, DECEMBER 14, 2009 Page 1 of 6

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:
Carol Goldberg, Chair
Ruth Beardsley, Vice Chair
Steven Massey, Member
James Gugliotti, Member
Bradford Buchta, Alternate Member
Michael Hendrick, Alternate Member
Ben Rosenbloom, Alternate Member, seated as a voting member.

Also present were:
Karen Walton, Assistant Zoning Enforcement Officer


MINUTES

It was moved by Beardsley and seconded by Gugliotti to approve, as submitted, the minutes of the November 9, 2009, regular meeting.
Voting for: Goldberg, Beardsley, Massey, Gugliotti, and Rosenbloom.
Unanimous approval.


BILLS

It was moved by Gugliotti and seconded by Beardsley to approve the payment of a bill for $95.00, dated December 14, 2009, from John McLeod (Court Stenographer) for recording services for the public hearing (443 Fairwood Road).
Voting for: Goldberg, Beardsley, Massey, Gugliotti, and Rosenbloom.
Unanimous approval.


PUBLIC HEARING – 443 FAIRWOOD ROAD (Continuation from November 9, 2009)

Chair Goldberg opened the continuation of the public hearing at 8:05 p.m. Chair Goldberg read the notice posted with the Town Clerk pertaining to the continuation of the public hearing for the following applications submitted by Joseph Dellaselva (Nino Performance) for property located at 443 Fairwood Road:
Application for a 256.1 foot variance to allow a 243.9 foot distance requirement and for a 139.2 foot variance to allow a 360.8 foot distance requirement where 500 feet is required between commercial garages and residential zones to locate a commercial garage (Nino Performance).
Application for a certificate of approval for a motor vehicle dealer and repairer located at 443 Fairwood Road.





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

The hearing was continued due to the applicant not having all the green return receipt cards from the surrounding property owners as required in the Zoning Regulations. Chair Goldberg asked the applicant if he had obtained the missing information.

Present to speak on behalf of the application was Mr. John Paul Garcia, P.E./L.S. representing Mr. Joseph Dellaselva, applicant. Mr. Garcia submitted three returned to sender unclaimed letters (Exhibit 2A, 2B, and 2C).

Chair Goldberg noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
a) Exhibit 2A – A returned to sender unclaimed letters from TRCK Properties, owner of 797 Amity Road.
b) Exhibit 2B – A returned to sender unclaimed letters from KCA Associates, owner of 793 Amity Road.
c) Exhibit 2C – A returned to sender unclaimed letters from EMG Properties, owner of 443 Fairwood Road.
d) Exhibit 2D – Photograph of the proposed east side of the building located at 443 Fairwood Road.
e) Exhibit 2E – Photograph of the proposed south side (Fairwood Road) of the building located at 443 Fairwood Road.
f) Exhibit 2F – Photograph of the proposed southeast corner of the building located at 443 Fairwood Road.
g) Exhibit 2G – Photograph of the current building (Fairwood Road side) located at 443 Fairwood Road.
h) Exhibit 2H – Photograph of the current building (southwest side of Fairwood Road) located at 443 Fairwood Road.
i) Exhibit 2”I” – Four pages of schematics of the proposed building.

William Grieger, applicant and owner of record, presented an overview of what the buildings will look like after the renovations are completed (submitted Exhibits 2D, 2E, 2F, 2G and 2H). Mr. Garcia reviewed and submitted the schematics of the proposed building (Exhibit 2”I”).

Mr. Garcia reviewed the proposed project noting:
· 797 Amity Road was granted an automobile repair license in 2003 and has been operating as a truck and repair service for 3 years with 0 setback.
· Mr. Garcia stated an automobile repair business is a less intensive use then the previous chemical business.
· This business has no impact on the neighborhood due to the fact this is a commercial property.
· They are trying to keep a Bethany business in Bethany.
· Smaller covered building has been approved for inside storage by the Planning and Zoning Commission for a temporary use by Woodbridge Roofing.
· The Department of Environmental Protection has inspected the property and there is no chemical residual.




In discussion, Board members commented and noted the following:
· The applicant previously obtained a variance to relocate to 33 Old Amity Road in 2008. (Mr. Garcia stated the deal fell through with the owner of 33 Old Amity Road).
· The roof line will be changing from 12 feet to 16 feet.
· There will be no asphalt in the front of the building.
· What will the traffic pattern be like? (Mr. Dellaselva responded he schedules three or four cars a day for repairs.)
· Will there by any major lighting on Fairwood Road (Mr. Garcia stated there are two security lights there now and they will not be adding any more.)
· Where do you expect cars to seat during the day? (They will be parked on the east side and then tagged and put to the back.)
· Long term parking will be in the back (north side of property).
· What are operating hours? (Mr. Dellaselva responded 8 a.m. to 5 p.m. Monday through Friday.)
· Will there be noise from garage? (Mr. Garcia responded the compressor will be contained to minimize noise.)
· Where to you intend to put waste oil? (Mr. Dellaselva responded that he has a waste oil furnace.)
· Do you have cars for sale and what percentage of the business is for used car sales? (Mr. Dellaselva responded 1 percent and that he only sold 8 cars last year and this year only 5 so far.)
· Where else in Bethany could your automobile business be located? (Karen Walton, Assistant ZEO, stated that there is nothing available at this time and that Mr. Dellaselva has been in the Zoning Office to research other locations. Ms. Walton brought in the Zoning Map and the Board reviewed locations in the Business and Industrial Zone. The Board found that there are very few locations in town that don’t have some type of place of gathering or a residential zone nearby.
· Why do you need to move from your present location at 256 Amity Road? (Mr. Dellaselva stated the owners of the property will not repair anything on the building and stated he was going to try to purchase the property but the price is very high.

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 9:16 p.m. Chair Goldberg closed the public hearing on the subject applications.


DELIBERATION AND DECISION MAKING SESSION

Board members further discussed the application and proceeded to take action on the application.





443 Fairwood Road – It was moved by Goldberg and seconded by Gugliotti to grant the approval of the application submitted by Joseph Dellaselva for the property located at
443 Fairwood Road and shown on Assessor’s Map #116, Lot #27-E-1, for a variance of Section 5.2.B.1 – Commercial garage within 500 feet of a residential zone, specifically to grant a 256.1 foot variance to allow a 243.9 foot distance requirement and for a 139.2 foot variance to allow a 360.8 foot distance requirement where 500 feet is required between commercial garages and residential zones to locate a commercial garage (Nino Performance).

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.
2. The building is to resemble Exhibit’s 2D, 2E, 2F and 2I.
3. No more than two (2) pole lights on Fairwood Road will be installed.
4. The exterior lighting fixtures must have full cut-off lighting.
5. There shall be no light pollution onto Fairwood Road.
6. There shall be no exterior storage of hazardous waste.
7. There shall be no outside storage of cars on the east side parking area.
8. Any outside storage shall be allowed on the north side of the building only.
9. Any outside storage must be screened on all sides.
10. Any outside storage cannot be larger than the footprint of the building.
11. All outside storage cannot exceed 20 cars.
12. The Fairwood Road side of the property must be landscaped in accordance with Appendix 7 of the current Bethany Zoning Regulations.
13. The only driveway shall be the currently existing entrance on the east side of the property.
14. The hours of operation shall by typical business hours, Monday through Friday.

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) 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.
2) 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, Beardsley, Massey, Gugliotti, Rosenbloom.
Unanimous approval.






443 Fairwood Road – It was moved by Beardsley and seconded by Gugliotti to grant the approval of the application submitted by Joseph Dellaselva for the property located at
443 Fairwood Road and shown on Assessor’s Map #116, Lot #27-E-1, for location approval for a motor vehicle dealer or motor vehicle repairer.

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 having given due consideration to the proposed location of the proposed business in reference to the following:
The record before the Board demonstrates that the location is suitable for the business intended.
The approval is granted subject to the following conditions:
a) 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.
b) The building is to resemble Exhibit’s 2D, 2E, 2F and 2I.
c) No more than two (2) pole lights on Fairwood Road will be installed.
d) The exterior lighting fixtures must have full cut-off lighting.
e) There shall be no light pollution onto Fairwood Road.
f) There shall be no exterior storage of hazardous waste.
g) There shall be no outside storage of cars on the east side parking area.
h) Any outside storage shall be allowed on the north side of the building only.
i) Any outside storage must be screened on all sides.
j) Any outside storage cannot be larger than the footprint of the building.
k) All outside storage cannot exceed 20 cars.
l) The Fairwood Road side of the property must be landscaped in accordance with Appendix 7 of the current Bethany Zoning Regulations.
m) The only driveway shall be the currently existing entrance on the east side of the property.
n) The hours of operation shall by typical business hours, Monday through Friday.
Vote 5 to 0.
Voting for: Goldberg, Beardsley, Massey, Gugliotti, Rosenbloom.
Unanimous approval.


ADJOURNMENT

It was moved by Gugliotti and seconded by Massey to adjourn the regular meeting at10:49 p.m. Unanimous approval.

Respectfully submitted,


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