MINUTES OF THE BETHANY ZONING BOARD OF APPEALS REGULAR
MEETING OF MONDAY, MAY 10, 2010 Page 1 of 6
The regular meeting of the Zoning Board of Appeals was called to order at 8:26 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
Ruth Beardsley, Vice Chair
Steven Massey, Member
James Gugliotti, Member
Bradford Buchta, Alternate Member, seated as a member
Michael Hendrick, Alternate Member
Ben Rosenbloom, Alternate Member
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Karen Walton, Assistant Zoning Enforcement Officer
MINUTES
It was moved by Gugliotti and seconded by Massey to approve, as submitted, the minutes of the April 12, 2010, Regular Meeting.
Voting for: Goldberg, Massey, Gugliotti, Buchta.
Unanimous approval.
BILLS
It was moved by Gugliotti and seconded by Beardsley to approve the payment of a bill for $95.00, dated May 10, 2010, from Anne Sohon (Court Stenographer) for recording services for the public hearings (29 Hop Brook Road, 5 Hatfield Hill Road).
Voting for: Goldberg, Massey, Gugliotti, Buchta.
Unanimous approval.
PUBLIC HEARING – 5 HATFIELD HILL ROAD
Chair Goldberg opened the public hearing continuation for 5 Hatfield Hill Road at 8:29 p.m. The hearing originally opened on April 12, 2010.
Chair Goldberg read the notice of the public hearing continuation pertaining to the application submitted by Elizabeth Garcia for her property located at 5 Hatfield Hill Road for a 9.15’ variance of the front yard setback to allow a 30.85’ front yard setback for the construction of stairs.
Chair Goldberg reviewed the procedure that would be followed to conduct the public hearing.
Chair Goldberg stated the hearing was continued due to a missing green return receipt card.
Present to speak on behalf of the application, representing the applicant and owner of record, Elizabeth Garcia, was Mr. John Paul Garcia, P.E./L.S.
Chair Goldberg noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
a) Exhibit 1F – Unclaimed letter to Kathleen Ross of 32 Hatfield Hill Road.
b) Exhibit 1G – Unclaimed letter to Francis and Clare Blatchley of 77 Carrington Road.
c) Exhibit 1H – Unclaimed letter to Candice Emerson of 27 Hatfield Hill Road.
d) Exhibit 1”I” – Unclaimed letter to Andrew and Nancy Liveton of 66 Carrington Road.
e) Exhibit 1J – As-Built Plot Plan, Lot No. 3, 27 Hatfield Hill Road, dated October 2, 1997, revised to December 10, 1997, prepared by John Paul Garcia, Bethany, Connecticut.
f) Exhibit 1K – Photograph of house located at 27 Hatfield Hill Road.
g) Exhibit 1L – Photograph of house located at Corner of Hatfield Hill Road and Sperry Road.
h) Exhibit 1M – Photograph of house located at 73 Hatfield Hill Road.
i) Exhibit 1N – Photograph of house located at 62 Hatfield Hill Road.
j) Exhibit 1”O” – Map entitled, “Proposed Site Plan, Lot No 2, 5 Hatfield Hill Rd, Bethany, CT”, dated May 13, 2004, revised to November 15, 2009, prepared by John Garcia & Associates, Bethany, Connecticut.
k) Exhibit 1P – Eight pages of building plans of the house built on 5 Hatfield Hill Road, dated October 5, 2009, prepared by DonMar Development Corp.
l) Exhibit 1Q – Page 101 from the International Building Code Book 2003, with highlighted Section R311.4.2 – Door type and size.
m) Exhibit 1R – Copy of “Provisional Certificate of Zoning Compliance and Building Certificate of Use and Occupancy for 5 Hatfield Hill Road which expires in 60 days from date of issuance on April 21, 2010.
n) Exhibit 1S – Copy of building permit application for 5 Hatfield Hill Road, dated October 9, 2009, which states in remarks “No decks or porches included in this permit. Need additional permits.”
The following Board Members stated for the record that they visited the site: Goldberg, Beardsley, Massey, Gugliotti, Buchta.
Mr. Garcia noted the following:
That this lot is predominately wetlands.
That in 2004, the applicant obtained a variance of ten feet for the front setback to build the house.
That the applicant is asking for minimal construction for the wooden stairs.
That the hardship is the fact that the lot is predominately wetlands.
In discussion, Commission members noted:
· That the house could not have been built back further due to low water table.
· That when the ten foot variance was approved, the house was proposed to be facing toward the front.
· That the applicant has three other doors that can be used to get in and out of the house.
· That the applicant’s argument is that the hardship is because the property is mostly wetlands, mostly flat and a low water table.
Present to speak at the public hearing was Robert Walsh, Town of Bethany Building Official. Mr. Walsh stated that it is not required to have a front door and if the ZBA does not approve the variance, the applicant will have to take the door out and put up a wall or window. Also, Mr. Walsh agreed with Mr. Garcia about not being able to push the house back due to bad soil conditions.
Chair Goldberg asked if there were any public members who would like to speak in favor of the application. There were none.
Chair Goldberg asked if there were any public members who would like to speak in opposition of this application. There were no comments.
There being no further discussion, at 9:46 p.m. Chair Goldberg closed the public hearing on the subject application.
PUBLIC HEARING – 29 HOP BROOK ROAD
Chair Goldberg opened the public hearing for 29 Hop Brook Road at 9:47 p.m.
Chair Goldberg read the legal notice pertaining to the public hearing for the application submitted by Wolodymyr and Natalie Iwaniew for their property located at 29 Hop Brook Road for a 44.2 foot variance to allow a 5.8 foot rear yard setback and for a 45.2 foot variance to allow a 4.8 foot side yard setback to locate a shed.
Chair Goldberg reviewed the procedure that would be followed to conduct the public hearing.
Chair Goldberg stated that the Zoning Regulations 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 the green return receipt cards.
Present to speak on behalf of the application was Natalie Iwaniew, applicant and owner of record. Mrs. Iwaniew noted the following:
That the lot is undersized.
That the hardship is the outcroppings of ledge and topography of land.
That she took the photographs submitted as exhibits.
Chair Goldberg noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
a) Exhibit 1A – Submitted by Natalie Iwaniew, six Green Certified Mail Return Receipt Cards from Town of Bethany, 4 Hop Brook Road, 35 Hop Brook Road, 40 Hop Brook Road, 15 Hop Brook Road, 25 Hop Brook Road.
b) Exhibit 1B – Submitted by Natalie Iwaniew, eight U.S. Postal Service Certified Mail Receipts, dated April 23, 2010.
c) Exhibit 1C – Two letters acknowledging receipt of the notice for the public hearing; one signed by Man K. & Pui Y. Wong of 43 Hop Brook Road and one signed by Daniel F. Etels Merriam of 30 Hop Brook Road.
d) Exhibit 1D – One photograph of the side yard showing a slope next to Kibbee property.
e) Exhibit 1E – One photograph of the side yard next to the Kibbee property showing the septic area.
f) Exhibit 1F – One photograph of the side yard next to the Kibbee property showing a steep slope and the applicant trying to grow grass with a hay covering.
g) Exhibit 1G – One photograph of the front yard showing how the front yard slopes down to the road.
h) Exhibit 1H – One photograph of the side yard near the proposed Shed B which is next to the Marino Holdings property and also shows ledge cropping through the property.
i) Exhibit 1”I” – One photograph of the children’s play area where gas is being stored underneath.
j) Exhibit 1J – One photograph of the applicant’s basement.
k) Exhibit 1K – One photograph of the lawn mower under the deck.
l) Exhibit 1L – One photograph of the children’s play area with a large white storage container in the front.
m) Exhibit 1M – Copy of the drawing of the shed prepared by Walsh Country Store.
The following Board Members stated for the record that they visited the site: Goldberg, Beardsley, Massey, Gugliotti, Buchta.
In discussion, Commission members noted:
· That the shed will have a gravel base.
· That there is ledge cropping under children’s play area.
· That the property has steep slopes.
Chair Goldberg asked if there were any public members who would like to speak in favor of the application. There were none.
Chair Goldberg asked if there were any public members who would like to speak in opposition of this application. There were no comments.
There being no further discussion, at 10:13 p.m. Chair Goldberg closed the public hearing on the subject application.
DELIBERATION AND DECISION MAKING SESSION
Board members further discussed the application and proceeded to deliberate.
5 Hatfield Hill Road – It was moved by Goldberg and seconded by Gugliotti to grant the approval of the application submitted by Elizabeth Garcia for her property located at 5 Hatfield Hill Road and shown on Assessor’s Map #124, Lot #38-2, requesting a variance of Sections 3.4 and 4.1.B of the Bethany Zoning Regulations, specifically to grant a 4.15 foot variance of the front yard setback to allow a 35.85 foot front yard setback for the construction of stairs.
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. 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 wetlands and water table on the property.
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.
Vote 5 to 0.
Voting for: Goldberg, Beardsley, Massey, Gugliotti, Buchta.
Unanimous approval.
29 Hop Brook Road – It was moved by Beardsley and seconded by Gugliotti to grant the approval of the application submitted by Wolodymyr and Natalie Iwaniw for their property located at 29 Hop Brook Road and shown on Assessor’s Map #102, Lot #60, requesting a variance of Sections 3.4 and 4.1.C of the Bethany Zoning Regulations, specifically to grant a 44.2’ variance of the rear yard setback to allow a 5.8’ rear yard setback and for a 45.2’ variance of the side yard setback to allow a 4.8’ side yard setback to locate a shed.
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) 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, the small lot size, and the steep slopes.
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.
3) These special conditions and circumstances do not result from the actions of the applicant of the property owner.
Vote 5 to 0.
Voting for: Goldberg, Beardsley, Massey, Gugliotti, Buchta.
Unanimous approval.
ADJOURNMENT
It was moved by Gugliotti and seconded by Beardsley to adjourn the regular meeting at 10:47 p.m. Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Zoning Board of Appeals
