Friday, October 25, 2019


MINUTES OF THE BETHANY ZONING BOARD OF APPEALS REGULAR MEETING OF TUESDAY, OCTOBER 15, 2019                                   Page 1 of 5

The regular meeting of the Zoning Board of Appeals was called to order at 7:04 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

 

The following Board Members were present:

Rob Huxley, Chairman

Thomas Mabry, Vice-Chairman

            Nick Poulmas, Member

            Mark Stricker, Member

            Melissa Lambrecht, Alternate, seated as a voting member

            Scott Kealey, Alternate

 

The following Board Members were excused:

            Armand Rivellini, Member

            Kevin Dingle, Alternate

 

Also present was:  Isabel Kearns, Zoning Enforcement Officer

       

 

ELECTION OF OFFICERS

 

1.      It was moved by Poulmas and seconded by Lambrecht to nominate Rob Huxley as Chairman of the Zoning Board of Appeals.

Unanimous approval.

 

2.      It was moved by Poulmas and seconded by Mabry to close nominations and elect Rob Huxley as Chairman of the Zoning Board of Appeals.

Unanimous approval.

 

3.      It was moved by Stricker 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 Huxley to close nominations and elect Thomas Mabry as Vice-Chairman of the Zoning Board of Appeals.

Unanimous approval.

 

 

MINUTES


 

1.      It was moved by Stricker and seconded by Poulmas to approve, as submitted, the minutes of the June 10, 2019, Regular Meeting.

Lambrecht abstained.

     Voting for:  Huxley, Mabry, Poulmas, Stricker.

      Unanimous approval.

 

 

 

 

 

 

 

2.      It was moved by Stricker and seconded by Poulmas to approve, as submitted, the minutes of the June 19, 2019, Special Meeting.

Lambrecht abstained.

Voting for:  Huxley, Mabry, Poulmas, Stricker.

Unanimous approval.

 

BILL

 

It was moved by Mabry and seconded by Poulmas to approve the payment of a bill for $125.00, dated October 15, 2019, from Donna Cahill for recording services for the public hearing (9 Russell Road).

Voting for:  Huxley, Poulmas, Mabry, Stricker, Lambrecht.

Unanimous approval.

 

CORRESPONDENCE

 

Connecticut Federation of Planning and Zoning Agencies, Quarterly Newsletter, Spring, 2019.

 

PUBLIC HEARING  – 9 RUSSELL ROAD

 

At 7:08 p.m., Chairman Huxley opened the public hearing in regard to the applications submitted by David L. Logue for property located at 9 Russell Road for an application for approval of a location of a motor vehicle dealer and repairer and for a 320-foot variance to allow a 180-foot setback on the easterly side instead of a 500-foot setback and for a 20-foot variance to allow a 480-foot setback on the northeasterly side where 500 feet is required between commercial garages and residential zones to locate a commercial garage and sales office for car dealership

 

Roll call was taken.  Chairman Huxley read the notice for the public hearing that was published in the New Haven Register.

 

Chairman Huxley asked all members seated if they visited the subject property.  All members seated did respond that they visited the subject property.

 

Chairman Huxley 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 September 7, 2019, listing addresses of the surrounding property owners within 100 feet of the property that were notified of this application.

 

 

 

 

 

 

 

 

 

 

Present for the public hearing to speak on behalf of the application was David Logue, applicant.  Mr. Logue briefly reviewed his proposal for a motor vehicle dealer and repairer.  Some comments by Mr. Logue were:

·         The previous approval received for 163 Amity Road did not work because the seller was unable to clear liens on the property.

·         All details are the same as the 163 Amity Road application; nothing has changed.

 

Board members briefly discussed the applications.

 

Chairman Huxley then three times asked if any member from the public would like to speak in favor of the applications.  There were no comments.

 

Chairman Huxley then three times asked if any member from the public would like to speak in opposition of the applications.  The following members of the public spoke:

·         Jean Pierre Fletcher of 55 Old Amity Road

·         Kathryn Sylvester of 55 Old Amity Road

 

At 7:25 p.m. there being no further questions or comments, it was moved by Poulmas and seconded by Mabry to close the public hearing on the subject applications.

Voting for:  Huxley, Mabry, Poulmas, Stricker, Lambrecht.

Unanimous approval.

 

 

DELIBERATION AND DECISION MAKING SESSION

 

9 RUSSELL ROAD

 

Board members discussed the application and proceeded to deliberate.

 

Some items noted by the Board were:

·         Increased traffic.

·         Visibility coming off Russell Road onto Amity Road.

·         Other car businesses in the same area.

·         Applicant will need to go to Inland Wetlands Commission and Planning and Zoning Commission.

 

It was moved by Poulmas and seconded by Mabry to grant the approval of the application submitted by David L. Logue for the property located at 9 Russell Road and shown on Assessor’s Map #119, Lot #5B, for location approval for a motor vehicle dealer and a motor vehicle repairer.

 

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. The record supports issuing the Certificate of Location approval.

 

 

 

 

  1. The record before the Board demonstrates that the location is suitable for the business intended.  The subject property is zoned Business and Industrial and the surrounding properties are zoned Business and Industrial.

Vote 5 to 0.

Voting for:  Huxley, Mabry,  Poulmas, Stricker, Lambrecht.

Unanimous approval.

 

It was moved by Poulmas and seconded by Mabry to grant the approval of the application submitted by David L. Logue for the property located at 9 Russell Road and shown on Assessor’s Map #119, Lot #5B, for a variance of Section 5.2.B.1. – Commercial garage within 500 feet of a residential zone, specifically to grant a 320-foot variance to allow a   180-foot setback on the easterly side instead of a 500-foot setback and for a 20-foot variance to allow a 480-foot setback on the northeasterly side where 500 feet is required between commercial garages and residential zones to locate a commercial garage and sales office for car dealership.

 

The 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.

 

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)      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.

Member Huxley abstained.

Vote 4 to 0.

Voting for:  Mabry, Poulmas, Stricker, Lambrecht.

Application approved.

 

ADJOURNMENT

 

There being no further business to come before the Board, it was moved by Poulmas and seconded by Lambrecht to adjourn the regular meeting at 8:15 p.m.

Voting for:  Huxley, Mabry, Poulmas, Stricker, Lambrecht.

Unanimous approval.

 

Respectfully submitted,

 

Antonia R. Marek, Clerk

for the Zoning Board of Appeals