MINUTES OF THE BETHANY ZONING BOARD OF APPEALS REGULAR
MEETING OF MONDAY, SEPTEMBER 12, 2011 Page 1 of 4
The regular meeting of the Zoning Board of Appeals was called to order at 7:12 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, who arrived at 7:34 p.m.
Steven Massey, Member
James Gugliotti, Member
Walter Briggs, Member
Frances Doba, Alternate Member, serving as a voting member.
The following Board Members were absent or excused:
Lisa Gaw, Alternate Member
Margaret Foley, Alternate Member
Also present was:
Isabel Kearns, Zoning Enforcement Officer
It was moved by Gugliotti and seconded by Massey to add to the agenda the Election of Officers for the 2011 to 2012 term. Unanimous approval.
ELECTION OF OFFICERS
It was moved by Gugliotti and seconded by Massey to nominate Carol Goldberg as Chair for the Zoning Board of Appeals for the 2011 to 2012 term. Unanimous approval.
It was moved by Gugliotti and seconded by Massey to nominate Ruth Beardsley as Vice-Chair for the Zoning Board of Appeals for the 2011-2012 term. Unanimous approval.
It was moved by Gugliotti and seconded by Doba to nominate Steve Massey as Secretary for the Zoning Board of Appeals for the 2011-2012 term. Unanimous approval.
The approving of the minutes of the May 9, 2011, Regular Meeting was tabled until the next regular meeting.
It was moved by Gugliotti and seconded by Doba to approve the payment of a bill for $95.00, dated September 12, 2011, from Anne Sohon for recording services for the public hearing (190 Russell Road).
PUBLIC HEARING – 190 RUSSELL ROAD
Chair Goldberg opened the public hearing for 190 Russell Road at 7:16 p.m.
Chair Goldberg read the notice of the public hearing for the application submitted by Donna Amendola for property located at 190 Russell Road for a 15-foot variance of the rear yard setback to allow a 35-foot rear yard setback for the construction of a shed/pool house.
Chair Goldberg reviewed the procedure that would be followed to conduct the public hearing.
Chair Goldberg stated that the Zoning Regulations state that the applicant shall notify 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 a “certificate of mailing” for the record. Mrs. Amendola had a copy of the “certificate of mailing” and the Board requested the original copy. Mrs. Amendola agreed to go to her home to obtain the original copy.
The public hearing was recessed at 7:20 p.m. and reconvened at 7:34 p.m.
Chair Goldberg 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 1, 2011, listing addresses of the surrounding property owners within 100 feet of the property that were notified of this application with attached sales receipt dated September 1, 2011.
2) Exhibit 1B – Copy of letter that was sent to addresses listed on the “Certificate of Mailing” dated September 1, 2011.
3) Exhibit 1C – Letter from Frank and Sherryl Pucillo of 384 Bethmour Road, dated September 11, 2011, Re: No objection to ZBA application of Donna Amendola of 190 Russell Road.
4) Exhibit 1D – Letter from Donald Parrott and Lisa Miles of 378 Bethmour Road, dated September 10, 2011, Re: No objection to ZBA application of Donna Amendola.
5) Exhibit 1E – Letter from Mr. and Mrs. Stephen Drew of 200 Russell Road, dated September 11, 2011, Re: No objection to ZBA application of Donna Amendola.
6) Exhibit 1F – Letter from John and Lisa Grabowski of 182 Russell Road, dated September 11, 2011, Re: No objection to ZBA application of Donna Amendola.
7) Exhibit 1G – Letter from Isabel Kearns, ZEO, to Mr. and Mrs. Ralph Amendola of 190 Russell Road, dated May 24, 2011, Re: Zoning Application for shed/pool house at 190 Russell Road.
8) Exhibit 1H – Two pages of a copy of “Site Plan prepared for Amendola” dated August 25, 1992.
9) Exhibit 1”I” – Photograph of southern most part of the pool.
10) Exhibit 1J – Photograph of northern part of the pool.
11) Exhibit 1K – Original copy of an Administrative Zoning Permit for an inground pool approved July 13, 2009.
12) Exhibit 1L – Copy of variance approved for 190 Russell Road on July 17, 1999.
Present to speak on behalf of the application was Donna Amendola, applicant and owner or record. Mrs. Amendola noted the following:
That there is ledge to the west side of the property.
Driveway is on the east side of the property.
That the well will be encompassed in the proposed shed/pool house.
The shed will be 30’ by 32’.
Will remove overhang to accommodate square foot requirement for proposed structure as stated in Exhibit 1G (new measurement will be 991 square feet).
In discussion, Board members noted:
Applicant did not provide evidence of ledge (verbally stated).
No topography map submitted.
There are other areas between house and pool where the proposed shed can be located.
Chair Goldberg asked if there were any public members who would like to speak in favor of the application. There were no comments.
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 8:36 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.
190 Russell Road –
It was moved by Gugliotti and seconded by Briggs that the Zoning Board of Appeals denies the application of Donna Amendola for the property located at 190 Russell Road and shown on Assessor’s Map #113, Lot #3-2 for a variance of Sections 4.1.C and 3.4 of the Bethany Zoning Regulations.
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:
The reasons set forth in the application do not justify the granting of the variance.
The financial hardship alleged by the applicant is not so great that the property owner is deprived of any worthwhile rights or benefits of the land because it appears that the property can still be used by the homeowner.
Vote 5 to 0.
Voting for: Goldberg, Gugliotti, Massey, Briggs, Doba.
It was moved by Gugliotti and seconded by Massey to adjourn the regular meeting at 8:58 p.m. Unanimous approval.
Antonia R. Marek, Clerk
For the Zoning Board of Appeals