The regular meeting of the Zoning Board of Appeals was called to order at 8:02 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following Board members were present:
Carol Goldberg, Chair
Arnold Sabatelli, Vice-Chair
David Forman, Member
Rudolph Beckert, Jr., Member
Steven Massey, Member
James Foley, Alternate Member, seated as a Regular Member.
Ruth Beardsley, Alternate Member
The following Board members were absent:
Brian Sackett, Alternate Member
Also present was:
Isabel Kearns, Zoning Enforcement Officer
It was moved by Beckert and seconded by Sabatelli to approve, as submitted, the minutes of the August 11, 2008, regular meeting.
1. It was moved by Forman and seconded by Sabatelli to approve the payment of a bill for $95.00, dated October 14, 2008, from John McLeod (Court Stenographer) for recording services for public hearing (27 Woods Road).
2. It was moved by Beckert and seconded by Sabatelli to approve the payment of a bill for $50.00, dated September 12, 2008, from John McLeod (Court Stenographer) for copies of two tape recordings of ZBA public hearings of May 12, 2008 and June 9, 2008 (325 Amity Road).
A. Letter from Planning and Zoning Commission, dated September 30, 2008, Re: Proposed Town of Bethany Ordinance Establishing Fines for Land Use Violations.
Board members discussed and will be forwarding comments to the Town Attorney.
David Forman and Ruth Beardsley recused themselves from the public hearing.
PUBLIC HEARING: 27 Woods Road
Chair Goldberg opened the public hearing at 8:07 p.m.
Chair Goldberg read the legal notice for the public hearing for the application submitted by Carol Cangiano and Edward Fletcher for property located at 27 Woods Road for a 41-foot variance of the side yard setback and a 29.6-foot variance of the front yard setback for the construction of a detached garage.
Chair Goldberg reviewed the procedure that would be followed to conduct the public hearing.
Chair Goldberg asked the applicants for the proof of notification to the property owners within 100 feet of the boundaries of the subject property. Carol Cangiano submitted green return receipt cards and the certified mail receipts (Exhibit 1A and Exhibit 1B).
Isabel Kearns, ZEO, stated she received a call from Mr. Russ Smith owner of 22 Woods Road and he inquired as to what the applicants were proposing and he was aware of the public hearing.
The following Board Members stated for the record that they visited the site: Goldberg, Massey, Sabatelli, Beckert and Foley.
Chair Goldberg noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
a) Exhibit 1 – Ten Green Return Receipt cards from neighbors within 100 feet of the subject property with proof of receipt of notice of the ZBA application.
b) Exhibit 2 – Thirteen Certified Mail Receipts to neighbors within 100 feet of the subject property for proof of mailing.
c) Exhibit 3 – Two letters returned from the Post Office; one is typed addressed to Eugene Chang and Kathryn Lilley and the second letter is handwritten to the same and both were returned to sender.
d) Exhibit 4 – Letter from Douglas and Patricia Hildreth of 51 Woods Road pertaining to their support for the construction of a garage at 27 Woods Road.
e) Exhibit 5 – Letter from John Donahue and Amy Porter of 32 Woods Road pertaining to their support for the construction of a garage at 27 Woods Road.
f) Exhibit 6 - Letter from South Central Connecticut Regional Water Authority, dated October 9, 2008, Re: Review of application for 27 Woods Road. Chair Goldberg read this letter into the hearing record.
Presenting the application were Carol Cangiano and Edward Fletcher, applicants and owners of record. Carol explained their desire to construct a 24’ by 36’ garage and that there is a topographical hardship and extreme ledge on the property. Carol stated they want to keep the garage consistent with the home and do not want to attach the garage to their home because that would destroy the historic value of the home.
Some of the Board Members questioned or commented on the following items:
Is there any other location for the proposed garage on the property? (Carol answered no due to ledge.)
What is the height of the proposed garage? (Carol answered they want to keep it consistent with the home.)
Chair Goldberg asked if there were any public members who would like to speak in favor of the application. There were none.
Chair Golderg asked if there were any public members who would like to speak in opposition of this application. There were none.
At 8:54 p.m., Chair Goldberg closed the public hearing on the subject application.
DELIBERATION & DECISION MAKING SESSION
Board members proceeded to discuss the application and deliberate.
27 Woods Road – It was moved by Beckert and seconded by Foley to grant the approval of the application submitted by Carol Cangiano and Edward Fletcher for property located at 27 Woods Road, and shown on Assessor’s Map #122, Lot #36, requesting a variance of Sections 4.1.B, 4.1.C, and 3.4 of the Bethany Zoning Regulations, specifically for a 41-foot variance of the side yard setback to allow a 9-foot side yard setback and for a 29.6-foot variance of the front yard setback to allow a 20.4-foot front yard setback for the construction of a detached garage. 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 the topography of the land and the extreme ledge on the property. Granting the variance will not confer upon the applicant or the property owner any special privilege that is denied by the Bethany Zoning Regulations to other land in the same district. The variance will be in harmony with the general purpose and intent of the Zoning Regulations. Due consideration has been given to conserving the public health, safety, convenience, welfare, and property values. This motion carries with the stipulation that the letter containing recommendations from the South Central Connecticut Regional Water Authority, dated October 9, 2008, be complied with by the applicants.
Voting were Goldberg, Sabatelli, Beckert, Massey, Foley.
It was moved by Sabatelli and seconded by Forman to adjourn the regular meeting at 9:43 p.m.
Antonia R. Marek, Clerk
For the Zoning Board of Appeals