Thursday, March 4, 2010

MINUTES OF THE BETHANY ZONING BOARD OF APPEALS
REGULAR MEETING OF MONDAY, FEBRUARY 8, 2010 Page 1 of 3


The regular meeting of the Zoning Board of Appeals was called to order at 8:04 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.

The following Board Members were present:
Ruth Beardsley, Vice Chair, who was acting as Chair
Steven Massey, Member
James Gugliotti, Member
Bradford Buchta, Alternate Member, who was seated as a voting member
Michael Hendrick, Alternate Member, who was seated as a voting member
Ben Rosenbloom, Alternate Member

The following Board Member was absent:
Carol Goldberg, Chair

Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Walton, Assistant Zoning Enforcement Officer


MINUTES

It was moved by Gugliotti and seconded by Buchta to approve, as submitted, the minutes of the December 14, 2009, regular meeting.
Voting for: Beardsley, Massey, Gugliotti, Buchta, Hendrick
Unanimous approval.


BILLS

It was moved by Buchta and seconded by Hendrick to approve the payment of a bill for $95.00, dated February 8, 2010, from Anne Sohon (Court Stenographer) for recording services for the public hearing (892 Amity Road).
Voting for: Beardsley, Massey, Gugliotti, Buchta, Hendrick
Unanimous approval.



PUBLIC HEARING – 892 AMITY ROAD

Acting Chair Beardsley opened the public hearing at 8:06 p.m.

Acting Chair Beardsley read the legal notice pertaining to the public hearing for the application submitted by Joseph Kyc for property located at 892 Amity Road for a variance of relief from Zoning Enforcement Officer letter dated December 23, 2009, pertaining to “Portions of the driveways with grades exceeding 10 percent shall be paved” as stated in subdivision approval dated June 6, 2007.




Acting Chair Beardsley reviewed the procedure that would be followed to conduct the public hearing.

Member Jim Gugliotti, who is a member of the Bethany Volunteer Fire Department, stated he had no conflict.

Acting Chair Beardsley stated that the Zoning Regulations (Section 14.3.C) state that certified notification is required to the surrounding property owners within 100 feet of the application and that the applicant needs to provide evidence at the time of the public hearing by submitting an affidavit of mailing and the green return receipt cards and/or returned letters to the commission as part of the record.

Acting Chair Beardsley noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
a) Exhibit 1A – Submitted by Mr. Garcia, the Affidavit of Mailing, dated February 2, 2010, to the neighbors within 100 feet of the subject property and a letter attached that was sent out in the mailing to the neighbors.
b) Exhibit 1B – Submitted by Mr. Garcia, eight Green Return Receipt Cards each attached with the U.S. Postal Service Certified Mail Receipt White Slips, two returned unclaimed letters, and one U.S. Postal Service Certified Mail Receipt White Slip (missing green return receipt card to Suraci, 52 Doolittle Drive).
c) Exhibit 1C – Submitted by Mr. Garcia, five photographs of driveway located at 892 Amity Road:
Exhibit 1C(1) – photograph
Exhibit 1C(2) – photograph
Exhibit 1C(3) – photograph
Exhibit 1C(4) – photograph
Exhibit 1C(5) – photograph
Exhibit 1C(6) – Map with colored markings entitled, “Proposed Site Plan”, dated September 10, 2007, revised to December 19, 2007.

Present to speak on behalf of the application was Mr. John Paul Garcia, P.E./L.S. representing Mr. Joseph Kyc, applicant and owner of record. Mr. Garcia discussed the application to appeal the Zoning Enforcement letter dated December 23, 2009, with the Board members. Also present representing the applicant was Attorney Nick Triana.

Acting Chair Beardsley asked if there were any public members who would like to speak in favor of the application. There were none.

Acting Chair Beardsley asked if there were any public members who would like to speak in opposition of this application. There were none.

There being no further discussion, at 9:10 p.m. Acting Chair Beardsley continued the public hearing on the subject application to the next regular meeting on Monday, March 8, 2010.







ADJOURNMENT

It was moved by Gugliotti and seconded by Buchta to adjourn the regular meeting at 9:11 p.m. Unanimous approval.


Respectfully submitted,


Antonia R. Marek, Clerk
For the Zoning Board of Appeals