MINUTES OF THE BETHANY ZONING BOARD OF APPEALS REGULAR

MEETING OF MONDAY, JANUARY 14, 201

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 Mabry, Vice-Chairman, Acting as Chairman

            Margaret Foley, 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 Member was absent:

            Thomas Magda, Chairman

            Nick Poulmas, Member

 

Also present were:  Isabel Kearns, Zoning Enforcement Officer

                                Kevin McSherry, Town Attorney

 

 

MINUTES

 

It was moved by Foley and seconded by Huxley to approve, as submitted, the minutes of the December 10, 2018, Regular Meeting.

Voting for:  Mabry, Foley, Stricker, Stirling, Huxley.

Unanimous approval.

 

 

BILL

 

It was moved by Foley and seconded by Huxley to approve the payment of a bill for $125.00, dated January 14, 2019, from Donna Cahill for recording services for the public hearing           (41 Green Hill Road).

Voting for:  Mabry, Foley, Stricker, Stirling, Huxley.

Unanimous approval.

 

 

PUBLIC HEARING – 41 GREEN HILL ROAD

 

At 7:04 p.m., Acting-Chairman Mabry opened the public hearing in regard to the application submitted by Peter Kaminski and Julianne Stach for a Zoning Appeal of improper interpretation of the Bethany Zoning Regulations, Section 4.2 regarding a Cease and Desist Order, dated November 15, 2018, for outside storage.

 

              

Roll call was taken.  Acting-Chairman Mabry read the legal notice for the public hearing that was published in the New Haven Register.

 

All Board Members seated stated they visited the site.

 

Present to speak on behalf of this application were Attorney Thomas Lynch, office located in Milford, Connecticut, representing the applicants and owners of record, Peter Kaminski and Julianne Stach, who were also present.

 

Attorney Lynch noted the following on behalf of the applicants:

·         Owners would like to heat house with wood.

·         Intent is to have wood delivered to their property; Mr. Kaminski splits the wood and then stacks the wood on his property for use in the wood burning stove.

·         Referenced the two sections of the Zoning Regulations that were cited in the Cease and Desist Order, dated November 15, 2018, from the ZEO and that they were irrelevant to what his clients are doing with using wood to heat their home.

·         Will not be getting anymore wood deliveries.

·         Dealing with a natural resource to heat their home.

·         Asking for reversal of ZEO Decision and are willing to work with the Board to come to a solution.

 

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 – Submitted by Attorney Lynch, Packet including copy of Cease and Desist Order dated November 15, 2018; copy of Page 18 and Page 19 of the Bethany Zoning Regulations and a copy of receipt from Connecticut Outdoor Wood Furnaces for purchase of Log Splitter by Peter Kaminski and Julianne Stach, dated November 17, 2018.

2)      Exhibit 1B – Submitted by Attorney Lynch, copy of photograph of property at 41 Green Hill Road.

3)      Exhibit 1C – Submitted by Attorney Lynch, copy of photograph of property at 41 Green Hill Road.

4)      Exhibit 1D – Submitted by Attorney Lynch, copy of photograph of unidentified property in Bethany with wood pile.

5)      Exhibit 1E – Submitted by Attorney Lynch, copy of photograph of unidentified property in Bethany with wood pile.

6)      Exhibit 1F – Submitted by Attorney Lynch, copy of photograph of unidentified property in Bethany with wood pile.

7)      Exhibit 1G – Submitted by Attorney Lynch, copy of photograph of unidentified property in Bethany with wood pile.

8)      Exhibit 1H – Submitted by Attorney Lynch, copy of photograph of unidentified property in Bethany with wood pile.

9)      Exhibit 1”I” – Submitted by Isabel Kearns, Zoning Enforcement Officer, of two colored photographs of property at 41 Green Hill Road.

 

 

 

10)  Exhibit 1J – Memo from Lidia Butzky of 33 Green Hill Road, to Town of Bethany.

11)  Exhibit 1K – Memo from Lidia Butzky of 33 Green Hill Road, dated January 8, 2019.

 

Isabel Kearns, ZEO, stated this was not a random inspection and that she had received complaints from neighbors regarding the storage of tree trunks.  Ms. Kearns submitted       Exhibit 1”I”. 

 

Acting-Chairman Mabry asked if anyone from the public would like to speak to have the Cease and Desist Order reversed or modified.  The following resident spoke:

·         Brian Ferraro of 30 Green Hill Road.

 

Acting-Chairman Mabry asked if anyone from the public would like to have the order sustained as is.  The following residents spoke:

·         Karen Stephens of 18 Green Hill Road.

·         Chuck Doerrler of 56 Green Hill Road.

·         John Ellison of 55 Green Hill Road.

·         Ron Farrell of 49 Green Hill Road.

 

Some items noted by the Board Members were:

·         Wood will be the main method of heating the house.

·         With no more wood being delivered, the wood now on the property will be stacked by the Summer of 2019.

·         Should consider times of splitting the wood and the covering of the wood. 

·         The way the wood is stored is important. 

 

Town Attorney Kevin McSherry recommended the Board continue the public hearing to the regular meeting scheduled for Monday, March 11, 2019.  Also, Attorney McSherry recommended that Staff discuss with Attorney Lynch and his clients on possible proposals. 

 

Attorney McSherry stated that some perimeters need to be set as follows:

·         Splitting to take place on Sundays no earlier than 10:00 a.m. and no later than 4:00 p.m.

·         Tarping of the wood that is there now either with a brown tarp or green tarp.

 

Attorney Lynch will email the ZBA Clerk with the agreement from his client’s to continue the public hearing to the March 11, 2019, ZBA meeting.

 

At 8:17 p.m., it was moved by Stirling and seconded by Foley to recess the public hearing and continue it to the regular meeting on Monday, March 11, 2019, at 7:00 p.m. in the Commission Meeting Room.

Voting for:  Mabry, Foley, Stricker, Stirling, Huxley.

Unanimous approval.

 

 

 

 

 

 

ADJOURNMENT

 

 

There being no further business to come before the Board, it was moved by Huxley and seconded by Foley to adjourn the regular meeting at 8:19 p.m.

Unanimous approval.

 

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

For the Zoning Board of Appeals

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