MINUTES OF THE BETHANY
MEETING OF MONDAY,
AUGUST 13, 2018 Page 1 of 4
The regular meeting of the Zoning Board of Appeals was
called to order at 7:01 p.m. in the Commission Meeting Room of the Bethany Town
Hall 40 Peck Road Bethany , Connecticut
Roll call was taken.
The following Board Members were present:
Thomas
Magda, Vice-Chairman
Thomas
Mabry, Member
Mark
Stricker, Member
April Stirling, Alternate Member,
seated as a voting member
Rob Huxley, Alternate Member,
seated as a voting member
The following Board Members were absent:
Margaret
Foley, Member
Nick
Poulmas, Member
Also present was:
Isabel Kearns, Zoning Enforcement Officer
ELECTION OF
OFFICERS
1.
It was moved by Stirling and seconded by Mabry
to nominate Thomas Magda as Chairman of the Zoning Board of Appeals.
Unanimous approval.
2.
It was moved by Stricker and seconded by
Stirling to close nominations and elect Thomas Magda as Chairman of the Zoning
Board of Appeals.
Unanimous approval.
3.
It was moved by Stirling and seconded by Huxley
to nominate Thomas Mabry as Vice-Chairman of the Zoning Board of Appeals.
Unanimous approval.
4.
It was moved by Stricker and seconded by
Stirling to close nominations and elect Thomas Mabry as Vice-Chairman of the
Zoning Board of Appeals.
Unanimous approval.
5.
It was moved by Magda and seconded by Stirling
to proceed with the position of Secretary open.
Unanimous approval.
MINUTES
It was moved by Huxley and seconded
by Magda to approve, as submitted, the minutes of the July
31, 2017, Special Meeting.
Voting for: Magda, Mabry,
Stricker, Stirling, Huxley.
Unanimous
approval.
BILL
It was moved by Huxley and seconded by Mabry to approve the
payment of a bill for $125.00, dated August 13, 2018, from John McLeod for
recording services for the public hearing (515 Litchfield Turnpike).
Voting for: Magda, Mabry,
Stricker, Stirling, Huxley.
Unanimous
approval.
CORRESPONDENCE
RECEIVED:
A. Letter
from Isabel Kearns, ZEO, to David Sullivan, owner of 515 Litchfield Turnpike,
dated July 30, 2018, Re: Proposed
addition.
B. Connecticut
Federation of Planning and Zoning Agencies, Quarterly Newsletter, Spring 2018.
C. Connecticut
Federation of Planning and Zoning Agencies, Quarterly Newsletter, Summer 2018.
PUBLIC HEARING - 515 LITCHFIELD TURNPIKE
At 7:09 p.m., Chairman Magda opened the public hearing in
regard to the application submitted by David Sullivan for a: 1) variance of
Sections 3.4 and 4.1.B. of the Bethany Zoning Regulations for a 49.5 foot
variance of the front yard setback to allow a 0.5 foot front yard setback from
a public highway and a 2) variance of Section 3.4 and 4.1.C. of the Bethany
Zoning Regulations for a 15 foot variance of the rear yard setback to allow a
35 foot rear yard setback located at 515 Litchfield Turnpike.
Chairman Magda read the legal notice for the public
hearing. Roll call was taken.
Present for this application was Robert White Jr., owner of
Robert White Architect LLC of Bethany Connecticut, representing the applicant,
David Sullivan.
Chairman Magda 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 August 1, 2018, listing addresses of the surrounding property owners within 100 feet of the property that
were notified of this application and five Certified Mail Receipts.
2) Exhibit 1B – Letter from Susan and
Stephen Burt of 286 Carrington Road, Bethany, dated August 4, 2018, Re: Support of application for variance located
at 515 Litchfield Turnpike.
3) Exhibit 1C – Letter from Dawn
and Jordan Spark of 539 Litchfield Turnpike, Bethany, dated August 3, 2018,
Re: Support of application for variance
located at 515 Litchfield Turnpike.
4) Exhibit 1D – Letter from Ben
Judd 25 Hilltop Road, Bethany, dated August 4, 2018, Re: Support of application for variance located
at 515 Litchfield Turnpike.
5) Exhibit 1E – Three pages of
photographs and floor plans for 515 Litchfield Turnpike.
Mr. White noted the following in discussion:
·
The entire existing house is within setbacks
making the property undersized and unique.
·
David Sullivan grew up in the house and would
like to restore and keep the house as it was.
·
A couple feet of the front of house on state land.
·
The cellar access will remain in center of house
with no walk out basement.
·
Will need Quinnipiack Valley Health District
approval to get building permits.
·
Removing the barn to further improve the
nonconformity.
Some items noted by the Board Members were:
·
This proposal is not more nonconforming.
·
Applicant doesn’t need to prove hardship due to
the property being nonconforming.
Chairman Magda asked if anyone from the public would like to
speak in favor or against the application.
There were no public comments
At 7:39 p.m., it was moved by Magda and seconded by Huxley to
close the public hearing on the subject application.
Voting for: Magda, Mabry,
Stricker, Stirling, Huxley.
Unanimous
approval.
DELIBERATION AND
DECISION MAKING SESSION
515 LITCHFIELD
TURNPIKE
Board members discussed the application and proceeded to
deliberate.
It was moved by Huxley and seconded by Magda that the
Bethany Zoning Board of Appeals grants the application of David Sullivan for
the property located at 515 Litchfield Turnpike as shown on Assessor’s Map
#124, Lot #18A for a: 1) variance of Sections 3.4 and 4.1.B. of the Bethany
Zoning Regulations for a 49.5 foot variance of the front yard setback to allow
a 0.5 foot front yard setback from a public highway and a 2) variance of
Section 3.4 and 4.1.C. of the Bethany Zoning Regulations for a 15 foot variance
of the rear yard setback to allow a 35 foot rear yard setback to build an
addition.
This variance is granted subject to the following condition:
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.
2.
The reasons set forth in the application justify
the granting of the variance so as to make possible for the reasonable use of
the land.
Vote 5 to 0.
Voting for: Magda, Mabry,
Stricker, Stirling, Huxley.
Unanimous
approval.
ADJOURNMENT
There
being no further business to come before the Board, it was moved by Stricker
and seconded by Huxley to adjourn the regular meeting at 7:52 p.m.
Unanimous
approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Zoning Board of Appeals
