Wednesday, June 11, 2014


MEETING OF MONDAY, MAY 12, 2014                                             Page 1 of 3       


The regular meeting of the Zoning Board of Appeals was called to order at 7:03 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.


The following Board Members were present:

            James Seaton, Chairman

            Carol Goldberg, Vice-Chairman

            Ruth Beardsley, Member

Lisa Gaw, Member

Margaret Foley, Alternate Member

Thomas Magda, Alternate Member, seated as a voting member


The following Board Members were absent or excused:

            Walter Briggs, Member

Ryan Shea, Alternate Member


Also present was:  Isabel Kearns, Zoning Enforcement Officer

                              Kevin McSherry, Town Counsel





It was moved by Magda and seconded by Shea to approve the minutes of the April 14, 2014, Regular Meeting, with the following amendment:

  • Page 1, Third paragraph – Reads “The following Board Member was absent or excused:” Change to “The following Board Members were absent or excused:’

Voting for:  Seaton, Beardsley, Gaw, Magda.

Goldberg abstained.





It was moved by Goldberg and seconded by Beardsley to approve the payment of a bill for $105.00, dated May 12, 2014, from Anne Sohon for recording services for the public hearings (770 Amity Road).

Voting for:  Seaton, Goldberg, Beardsley, Gaw, Magda.

Unanimous approval.





At 7:07p.m., Chairman Seaton opened the public hearing in regard to the application submitted by Theron Simons for a certificate of approval for proposed location of motor vehicle dealer located at 770 Amity Rd (Lock, Stock & Barrel) to sell enclosed trailers (horse & landscaping).



Present to speak on behalf of the application was Theron Simons, applicant.


The following members disclosed on the public hearing regard that they are customers of Lock, Stock & Barrel and do not have a conflict with acting on this application:  Seaton, Goldberg, Beardsley, Gaw, Magda.


Chairman Seaton noted that the Board received the following items relative to the subject application.  Exhibit identification was assigned as noted:

1)      Exhibit 1A – Five green return receipt cards submitted by the applicant in regard to notice of the public hearing to the abutting property owners.

2)      Exhibit 1B – Letter from the Connecticut Water Company, dated May 6, 2014, Re:  Comments on review of application for 770 Amity Road.


Mr. Simons noted the following during his presentation:

  • Would like to sell horse and landscaping trailers.
  • Have had a lot of inquires from customers at the store regarding the sale of trailers.
  • To sell the trailers we need to apply to the State of Connecticut for a dealer’s license.
  • Trailers would not be motorized.
  • Trailers would be placed along the side of the property and around the back of the property.


Some Board members had concerns of the amount of trailers to be stored on the property.


Town Counsel Kevin McSherry noted CGS Sec. 14-54 in which it states the applicant needs to present to the Department of Motor Vehicles a certificate of approval of location from the land use agency with specific requirements to only sell trailers.  Also, Attorney McSherry stated the applicant needs this approval in order to sell the trailers even if they are not motor vehicles.


Isabel Kearns, ZEO, stated that the subject property has approval for outside storage from the previous business.


Chairman Seaton asked if there were any public members who would like to speak in favor of the application.  There were no comments.


Chairman Seaton asked if there were any public members who would like to speak in opposition of the application.  There were no comments.


At 7:27 p.m. there being no further discussion, it was moved by Beardsley and seconded by Magda to close the public hearing on the subject application.

Unanimous approval.





770 Amity Road


Board members further discussed the application and proceeded to deliberate.


It was moved by Beardsley and seconded by Goldberg that the Bethany Zoning Board of Appeals approves the application of Theron Simons for the property located at 770 Amity Road and shown on Assessor’s Map #116, Lot #54 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 the following:

1)      Consistent with the existing business.

2)      Schools, churches, theaters, traffic conditions, width of highway and effect on public travel will not be adversely affected.

3)      The record supports issuing the Certificate of Location approval.

4)      The record before the Board demonstrates the location is suitable for the business intended.

This approval is granted subject to the following condition:

·         This approval is for the sale of non-motorized trailers only.

Vote 5 to 0.

Voting for:  Seaton, Goldberg, Beardsley, Gaw, Magda.

Unanimous approval.






There being no further business to come before the Commission, it was moved by Gaw      and seconded by Magda to adjourn the regular meeting at 7:31 p.m.

Unanimous approval.


Respectfully submitted,




Antonia R. Marek, Clerk

For the Zoning Board of Appeals