MINUTES OF THEMEETING OF MONDAY, AUGUST 13, 2012 Page 1 of 5
ZONING BOARD OF APPEALS REGULAR BETHANY
The regular meeting of the Zoning Board of Appeals was called to order at 7:00 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
Ruth Beardsley, Vice Chair
James Gugliotti, Member
Frances Doba, Alternate Member, seated as a voting member
Lisa Gaw, Alternate Member, seated as a voting member after Fran Doba
Margaret Foley, Alternate Member, seated as a voting member
The following Board Member were absent or excused:
Steven Massey, Member
Walter Briggs, Member
Also present was:
Isabel Kearns, Zoning Enforcement Officer
Chair Goldberg stated that pursuant to Section 4 of the Zoning Board of Appeals Bylaws, the Board must elect officers for the term of July 1, 2012 to June 30, 2012.
It was moved by Gugliotti and seconded by Beardsley to add the election of officers to the agenda. Unanimous approval.
ELECTION OF OFFICERS
It was moved by Gugliotti and seconded by Beardsley to nominate Carol Goldberg as Chair for the Zoning Board of Appeals for the 2012 to 2013 term. Unanimous approval.
It was moved by Gugliotti and seconded by Doba to nominate Ruth Beardsley as Vice-Chair for the Zoning Board of Appeals for the 2012 to 2013 term. Unanimous approval.
It was moved by Gugliotti and seconded by Beardsley to nominate Steve Massey as Secretary for the Zoning Board of Appeals for the 2012-2013 term. Unanimous approval.
It was moved by Gugliotti and seconded by Beardsley to approve, as submitted, the minutes of the November 14, 2011, Regular Meeting.
Voting for: Goldberg, Beardsley, Gugliotti, Foley.
It was moved by Gugliotti and seconded by Doba to approve the payment of a bill for $95.00, dated August 13, 2012, from Anne Sohon for recording services for the public hearing (168 and 170 Beacon Road).
Voting for: Goldberg, Beardsley, Gugliotti, Doba, Foley.
1. Letter from Neighbors of 1052 Amity Road, Bethany, dated June 28, 2012, Re: Concerns pertaining to activity taking place at 1052 Amity Road.
Isabel Kearns, ZEO, stated a letter was sent out to the owner of record and the owner of record is addressing this matter.
2. Copy of letter from Isabel Kearns, ZEO, to Richard Zanesky of 1052 Amity Road, Re: Notice of Violation, complaint of dirt bike riding and associated noise at 1052 Amity Road.
3. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Spring 2012.
4. Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Summer 2012.
PUBLIC HEARING – 168 AND 170 BEACON ROAD
Chair Goldberg opened the public hearing for 168 and 170 Beacon Road at 7:08 p.m.
Chair Goldberg stated that Toni Marek is the Clerk of the Zoning Board of Appeals and she asked Toni to step down and not be clerk tonight due to the fact Ms. Marek lives at the subject property.
Fran Doba stated for the record that she works with Toni at the Town Hall and would like to be recused.
All members stated for the record that they have used William Marek’s septic services but do not feel it would cause any impartial judgment.
Chair Goldberg read the notice of the public hearing for the application submitted by William Marek for 168 Beacon Road – seeking a .86 acre variance to allow an existing barn over 1,000 square feet to be located on a 2.14 acre lot and for a 34.2 foot variance for the existing barn to be located 65.8 feet from the westerly property line. For 170 Beacon Road – seeking a 44,923 square foot variance to allow a rear lot to be 52,577 square feet.
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 – “Certificate of Mailing” dated July 31, 2012, listing addresses of the surrounding property owners within 100 feet of the property that were notified of this application with attached sales receipt dated July 31, 2012 and a copy of a letter, dated July 30, 2012, that was sent to addresses listed on the “Certificate of Mailing”.
2) Exhibit 1B – Letter from William Marek, dated July 24, 2012, Re: Section 8.E.4 and 8.E.5 of the Zoning Board of Appeals Bylaws, the subject property is not within 500 feet of an adjoining municipality.
Present to speak on behalf of the application was Fred D’Amico, Engineer/Surveyor of D’Amico Associates representing the applicant, William Marek, who was also present.
Mr. D’Amico noted the following:
- The property existed as one piece and approximately ten years ago a building permit was issued for the rear house so now there are two dwellings on one lot which was allowed under the regulations at that time.
- Under the new regulations today, this proposed subdivision would not meet the requirements.
- The applicant would like to subdivide properties at this time which would make the property less nonconforming.
- There will be driveway easements prepared for the submission to the Planning and Zoning Commission in September, 2012.
In discussion, Board members noted:
- The barn existed prior to the Marek’s purchasing the property.
- If proposed new lot line for Lot 2 was moved to front of the barn, the front Lot 1 would not meet the regulations and the applicant would still need variances on both properties.
Chair Goldberg asked if there were any public members who would like to speak in favor of the application. The following public members spoke:
- Toni Marek of 170 Beacon Road.
- William Marek of 170 Beacon Road.
Chair Goldberg asked if there were any public members who would like to speak in opposition of the application. There were no comments.
There being no further discussion, at 7:37 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.
168 and 170 Beacon Road –
It was moved by Gugliotti and seconded by Beardsley that the Zoning Board of Appeals grants the following variances for the application submitted by William Marek for the property located at 168 and 170 Beacon Road:
The Zoning Board of Appeals grants the application of William Marek, Robert S. Marek and Helen Marek for the property located at 168 and 170 Beacon Road and shown on Assessor’s Map #110, Lots #5 and 5B for a variance of Sections 4.3.E., 4.3.E.3 and 4.4.H.8 of the Bethany Zoning Regulations which variances are as follows:
· 168 Beacon Road
a) Seeking a .86-acre variance to allow an existing barn over 1,000 square feet to be located on a 2.14 acre lot, when three acres is required.
b) Seeking a 34.2-foot variance for the existing barn to be located 65.8 feet from the westerly property line, when 100 feet is required.
· 170 Beacon Road
a) Seeking a 44,923-square foot variance to allow a rear lot to be 52,577 square feet, when 97,500 square feet is required.
This 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) 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) The reasons set forth in the application justify the granting of the variance so as to make possible the reasonable use of the land.
Vote 5 to 0.
Voting for: Goldberg, Beardsley, Gugliotti, Gaw, Foley.
It was moved by Gugliotti and seconded by Gaw to adjourn the regular meeting at 7:55 p.m. Unanimous approval.
Steve Massey, Secretary
For the Zoning Board of Appeals