MINUTES OF THE BETHANY
MEETING OF MONDAY,
DECEMBER 10, 2018 Page 1 of 4
The regular meeting of the Zoning Board of Appeals was
called to order at 7:09 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
Mabry, Vice-Chairman, Acting as Chairman
Margaret
Foley, Member
Nick
Poulmas, Member
Mark
Stricker, Member
April Stirling, Alternate Member,
seated as a voting member
Rob Huxley, Alternate Member
The following Board Member was absent:
Thomas Magda,
Chairman
Also present was:
Isabel Kearns, Zoning Enforcement Officer
MINUTES
It was moved by Stirling and
seconded by Poulmas to approve, as submitted, the minutes of the August 13, 2018, Regular Meeting.
Voting for: Mabry, Foley,
Poulmas, Stricker, Stirling.
Unanimous
approval.
BILL
It was moved by Stricker and seconded by Stirling to approve
the payment of a bill for $125.00, dated December 10, 2018, from Donna Cahill for
recording services for the public hearing (274 Amity Road).
Voting for: Mabry, Foley,
Poulmas, Stricker, Stirling.
Unanimous
approval.
CORRESPONDENCE
RECEIVED:
A. Letter
from Nancy McCarthy, Town Clerk, dated November 8, 2018, Re: Submission of 2019 Regular Meeting Schedule
with attached draft 2019 Meeting Schedule prepared by ZBA Clerk.
It was
moved by Poulmas and seconded by Stricker to approve, as submitted, the 2019
Regular Meeting Schedule for the Zoning Board of Appeals prepared by the Clerk
to be submitted to the Bethany Town Clerk.
Voting for: Mabry, Foley, Poulmas, Stricker, Stirling.
Unanimous approval.
B. Connecticut
Federation of Planning and Zoning Agencies, Quarterly Newsletter, Fall, 2018.
C. Bill
for $125.00 from Donna Cahill for recording services of the ZBA Regular Meeting
of December 10, 2018. (public hearing for 274 Amity Road)
PUBLIC HEARING - 274 AMITY ROAD
At 7:13 p.m., Acting-Chairman Mabry opened the public
hearing in regard to the application submitted by Desiree and Kevin Dingle for
a variance of Sections 3.4 and 4.1.B. of the Bethany Zoning Regulations for a
19.9’ variance of the front yard setback to allow a 30.1’ front yard setback
where 50’ is required and from a public highway to build a garage addition
located at 274 Amity Road.
Roll call was taken.
Acting-Chairman Mabry read the legal notice for the public hearing.
Present for this application was John Paul Garcia, P.E./L.S.,
representing the applicant and Kevin Dingle, applicant and owner of record.
Acting-Chairman Mabry 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 November 29, 2018, listing addresses of the surrounding property owners within 100 feet of the property that
were notified of this application.
2) Exhibit 1B – Letter from Todd
Stearne of 285 Amity Road, Bethany, dated December 7, 2018, Re: Support of application for variance located
at 274 Amity Road.
3) Exhibit 1C – Letter from Shirley
Clement of 290 Amity Road, Bethany, dated
December 7, 2018, Re: Support of
application for variance located at 274 Amity Road.
4) Exhibit 1D – Letter from Steven
Primus of 10 Luke Hill Road, Bethany, dated
December 7, 2018, Re: Support of
application for variance located at 274 Amity Road.
5) Exhibit 1E – Letter from Stephen
and Adele Gombos of 292 Amity Road, Bethany, dated December 7, 2018, Re: Support of application for variance located
at 274 Amity Road.
6) Exhibit 1F - Letter from Leon
Putzig of 251 Amity Road, Bethany, dated December 7, 2018, Re: Support of application for variance located
at 274 Amity Road.
7) Exhibit 1G - Letter from Thomas
J. Capasso of 256 Amity Road, Bethany, dated December 7, 2018, Re: Support of application for variance located
at 274 Amity Road.
Mr. Garcia noted the following in discussion:
·
Hardship is existing house and property.
·
This was not a self-created hardship or a
financial hardship.
·
Section 2.4 in the Zoning Regulations allows an
increase in a non-conforming use when it will become less nonconforming.
Some items noted by the Board Members were:
·
The property will become less nonconforming from
this variance to be able to construct an attached garage.
·
There was a concern regarding the application
going to the Inland Wetlands Commission.
The ZEO will contact Town Attorney for clarification.
Acting-Chairman Mabry asked if anyone from the public would
like to speak in favor of the application.
The following resident spoke in favor:
·
Stephen Gombos of 292 Amity Road.
Acting-Chairman Mabry asked if anyone from the public would
like to speak in opposition of the application.
There were no comments.
There being no further discussion, at 7:31 p.m. it was moved
by Stirling and seconded by Foley to
close the public hearing on the subject application.
Voting for: Mabry, Foley,
Poulmas, Stricker, Stirling.
Unanimous
approval.
DELIBERATION AND
DECISION MAKING SESSION
274 AMITY ROAD
Board members discussed the application and proceeded to deliberate.
It was moved by Foley and seconded by Stricker that the
Bethany Zoning Board of Appeals grants the application of Desiree and Kevin
Dingle for the property located at 274 Amity Road as shown on Assessor’s Map #118,
Lot #48-1 for a 19.9 foot variance of the front yard setback to allow a 30.1
foot front yard setback where 50 feet is required and from a public highway to
build an attached garage.
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. These
conditions and circumstances are that the house was built close to the road
prior to the Zoning Regulations.
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 and that the applicants would not be
able to have an attached garage.
Vote 5 to 0.
Voting for: Mabry, Foley,
Poulmas, Stricker, Stirling.
Unanimous
approval.
ADJOURNMENT
There
being no further business to come before the Board, it was moved by Stirling
and seconded by Stricker to adjourn the regular meeting at 7:45 p.m.
Unanimous
approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Zoning Board of Appeals
