MINUTES OF THE BETHANY ZONING BOARD OF APPEALS REGULAR
MEETING OF MONDAY, NOVEMBER 14, 2011 Page 1 of 4
The regular meeting of the Zoning Board of Appeals was called to order at 7:02 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
Walter Briggs, Member
Lisa Gaw, Alternate Member
Margaret Foley, Alternate Member
The following Board Member was absent or excused:
Frances Doba, Alternate Member
Also present was:
Isabel Kearns, Zoning Enforcement Officer
It was moved by Beardsley and seconded by Gugliotti to add to the agenda the review and approval of the minutes of the May 9, 2011, Regular Meeting. Unanimous approval.
It was moved by Beardsley and seconded by Gugliotti to approve, as submitted, the minutes of the May 9, 2011, Regular Meeting.
Voting for: Beardsley, Gugliotti, Massey.
Abstained: Goldberg, Briggs
It was moved by Gugliotti and seconded by Briggs to approve, as submitted, the minutes of the September 12, 2011, Regular Meeting.
Voting for: Goldberg, Beardsley Massey, Gugliotti, Briggs.
It was moved by Beardsley and seconded by Gugliotti to approve the payment of a bill for $95.00, dated November 14, 2011, from Anne Sohon for recording services for the public hearing (797 Amity Road).
PUBLIC HEARING – 797 AMITY ROAD
Chair Goldberg opened the public hearing for 797 Amity Road at 7:06 p.m.
Chair Goldberg read the notice of the public hearing for the application submitted by Thomas Shaw for a certificate of approval for a motor vehicle dealer for property located at 797 Amity Road.
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:
1) Exhibit 1A – Copy of Application for Automobile Repairer to State of Connecticut dated February 13, 2003, with attached approval from the Zoning Board of Appeals dated February 12, 2003, with attached letters from The Connecticut Water Company, dated February 5, 2003 and November 14, 2002, and attached letter from TRCK Properties to Bethany Zoning Board of Appeals, dated January 15, 2003, Re: TRCK Properties giving permission to Shaw’s Diesel for full use of 797 Amity Road.
2) Exhibit 1B - Letter from South Central Connecticut Regional Water Authority, dated November 10, 2011, Re: Review of application for 797 Amity Road, motor vehicle activities.
3) Exhibit 1C – Copy of Minutes of the Bethany Zoning Board of Appeals Special Meeting of Wednesday, February 12, 2003.
4) Exhibit 1D – “Certificate of Mailing” dated October 22, 2011, listing addresses of the surrounding property owners within 100 feet of the property that were notified of this application with attached sales receipt dated October 22, 2011, 6 Green Domestic Return Receipt cards, 6 U.S. Postal Service Certified Mail Receipt white and green slips and a copy of a letter, dated October 17, 2011, that was sent to addresses listed on the “Certificate of Mailing”.
5) Exhibit 1E - “Certificate of Mailing” dated October 29, 2011, listing addresses of the surrounding property owners within 100 feet of the property that were notified of this application with attached sales receipt dated October 29, 2011, 3 Green Domestic Return Receipt cards, 6 U.S. Postal Service Certified Mail Receipt white and green slips and a copy of a letter, dated October 17, 2011, that was sent to addresses listed on the “Certificate of Mailing”.
Present to speak on behalf of the application was Thomas Shaw, owner of Shaw’s Diesel and Tri-Valley Equipment. Mr. Shaw noted the following:
Shaw’s Diesel will be merging with Tri-Valley Equipment and he will be operating under Tri-Valley Equipment.
There is an approval from the Zoning Board of Appeals for a Motor Vehicle Repairer (Exhibit 1A).
Would like to sell chippers, generators, and grinders with a small inventory on site.
The only change to the business will be the sale of equipment.
All equipment will be kept behind fencing.
In discussion, Board members noted:
Shaw’s Diesel sold screeners, tractors, non-motor vehicles.
Tri-Valley Equipment will operate under dealer/repairer.
Will be selling to the public.
Will have a small inventory.
Equipment will be kept behind fencing.
Chair Goldberg asked if there were any public members who would like to speak. The following public members spoke:
Joseph McMahon of 814 Amity Road – Mr. McMahon expressed his concern about the sale of motor vehicles.
Armand Rivellini of 806 Amity Road – Mr. Rivellini expressed his concern about the maintaining of the property, clear cutting and stockpiling.
Susan Bradford of 825 Amity Road – Ms. Bradford expressed her concern with the impact to the site with this proposed change. Also, she mentioned keeping the tree buffers, lighting and storage and disposal of fluids.
There being no further discussion, at 7:45 p.m. Chair Goldberg closed the public hearing on the subject application.
DELIBERATION AND DECISION MAKING SESSION
Board members further discussed the application and proceeded to deliberate.
797 Amity Road –
It was moved by Beardsley and seconded by Gugliotti that the Zoning Board of Appeals approves the application of Thomas P. Shaw for the property located at 797 Amity Road as shown on Assessor’s Map #116, Lot #27F for location approval for a motor vehicle dealer.
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 schools churches, theaters, traffic conditions, width of highway, and effect on public travel and the following:
The record supports issuing the Certificate of Location approval.
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) There shall be a privacy fence and the fence shall be maintained.
b) Any and all equipment shall be displayed and stored behind the privacy fence and also displayed in the showroom inside the building.
c) There shall NOT be any sale of “trucks” or “passenger motor vehicles” or “passenger and commercial motor vehicles” or “commercial motor vehicles” as defined in Connecticut General Statute Section #14-1.
Vote 5 to 0.
Voting for: Goldberg, Beardsley, Gugliotti, Massey, Briggs.
It was moved by Gugliotti and seconded by Briggs to adjourn the regular meeting at 8:15 p.m. Unanimous approval.
Antonia R. Marek, Clerk
For the Zoning Board of Appeals