MINUTES OF THE BETHANY
MEETING OF MONDAY,
APRIL 14, 2014 Page
1 of 6
The regular meeting of the Zoning Board of Appeals was
called to order at 7:00 p.m. in the Commission Meeting Room of the Bethany Town
Hall 40 Peck Road Bethany , Connecticut
The following Board Members were present:
James
Seaton, Chairman
Ruth
Beardsley, Member, arrived at 7:06 p.m.
Lisa Gaw, Member
Walter
Briggs, Member
Margaret Foley, Alternate Member,
seated as a voting member
Thomas Magda, Alternate Member,
seated as a voting member
The following Board Member was absent or excused:
Carol
Goldberg, Vice-Chairman
Ryan Shea, Alternate Member
Also present was:
Isabel Kearns, Zoning Enforcement Officer
MINUTES
It was moved by Briggs and seconded
by Gaw to approve, as submitted, the minutes of the September 9, 2013, Regular
Meeting.
Voting for: Seaton, Gaw,
Briggs, Foley, Magda.
Unanimous approval.
It was moved by Briggs and seconded
by Gaw to approve, as submitted, the minutes of the September 30, 2013, Special
Meeting.
Voting for: Seaton, Gaw,
Briggs, Foley, Magda.
Unanimous approval.
BILL
It was moved by Gaw and seconded by Briggs to approve the
payment of a bill for $105.00, dated April 14, 2014, from Anne Sohon for
recording services for the public hearings (10 Round Hill Road 35 Timber Lane
Voting for: Seaton, Gaw,
Briggs, Foley, Magda.
Unanimous approval.
PUBLIC HEARING – 10 ROUND HILL ROAD
At 7:04 p.m., Chairman Seaton opened the public hearing in
regard to the application submitted by William Ciola for property located at 10 Round Hill Road
Present to speak on behalf of the application was Alan
Shepard, P.E. of Nowakowski, O’Bymachow, and Kane, representing the applicant,
Mr. William Ciola, who was also present.
Mr. Shepard noted the following during his presentation:
- The
owner would like to construct a building for his equipment to come into
compliance with the zoning regulations.
- Reviewed
map he submitted (Exhibit 1); 8 1/2” by 11” sheet, with red and blue markings,
showing proposed location of building.
- In
discussion with a landscaping business owner regarding using the proposed
storage parking area on map (Exhibit 1).
- Proposed
location of building was chosen so that the front of building could be
seen from the road.
Chairman Seaton noted that the Board received the following
items relative to the subject application.
Exhibit identification was assigned as noted:
1)
Exhibit 1 – Submitted by Alan Shepard, a map, 8
1/2” by 11 sheet, with red and blue markings, shows proposed location of
building.
In discussion, some Board members noted:
- Proposed septic will be
located where proposed storage parking area is.
- Applicant is working to be
in compliance with the Zoning Regulations.
- If approved, the
application to construct the building will go before the Planning and
Zoning Commission and the Inland Wetlands Commission.
The following Board Members stated for the record that they
visited the site or have a familiar background with the property: Seaton, Briggs, Beardsley, Gaw, Magda, Foley.
Isabel Kearns, ZEO, stated the subject property has been in
violation for years and that she is happy they are working towards compliance
with the Zoning Regulations.
Chairman Seaton asked if there were any public members who
would like to speak in favor of the application. There were no comments.
Chairman Seaton asked if there were any public members who
would like to speak in opposition of the application. There were no comments.
At 7:19 p.m. there being no further discussion, it was moved
by Briggs and seconded by Beardsley to close the public hearing on the subject
application. Unanimous approval.
PUBLIC HEARING – 35 TIMBER LANE
At 7:20 p.m., Chairman Seaton opened the public hearing in
regard to the application submitted by Octavio and Patricia Goncalves for
property located at 35 Timber Lane for a 3.8’ variance of the rear yard setback
to allow a 46.2’ rear yard setback for the existing deck and for a 3.7’
variance of the rear yard setback to allow a 46.3’ rear-yard setback to
construct inground pool. Roll call was completed. Chairman Seaton read the legal notice into
the hearing record for the public hearing.
Present to speak on behalf of the application was Octavio
Goncalves, applicant and owner of record.
Mr. Goncalves noted the following during his presentation:
- The deck
was existing when purchased the property.
- Will
not be installing hot tub which is shown on plan.
- Well
exists on west side of property.
- Septic
system exists on northwest side of property.
Chairman Seaton noted that the Board received the following
items relative to the subject application.
Exhibit identification was assigned as noted:
1) Exhibit
1 – Town of Bethany GIS photograph of subject property, date printed March
11, 2014.
2) Exhibit
2 – Letter from Octavio Goncalves, dated April 11, 2014, Re: Discussion with neighbors pertaining to
variances requested for pool and deck, with attached photograph.
3) Exhibit
3 – Letter from Octavio Goncalves, dated March 10, 2014, Re: Requesting waiver of topographic survey.
4) Exhibit
4 – Letter from Octavio Goncalves, dated March 11, 2013, Re: Property not located within 500 feet of an
adjoining municipality.
5) Exhibit
5 – Submitted by Octavio Goncalves, information sheet regarding
Hydrofracturing.
Member Beardsley made a disclosure on the public hearing
record that she is a friend of the neighbors (Harrison’s) and does not have any
conflict.
Member Briggs made a disclosure on the public hearing record
that he might be an adjoining property owner and does not have any conflict.
In discussion, some Board members noted:
- Proposed
pool location is for safety concerns with children jumping from deck to
pool.
- Large
amount of mature trees on the property.
Chairman Seaton asked if there were any public members who
would like to speak in favor of the application. There were no comments.
Chairman Seaton asked if there were any public members who
would like to speak in opposition of the application. There were no comments.
At 7:38 p.m. there being no further discussion, it was moved
by Briggs and seconded by Beardsley to close the public hearing on the subject
application. Unanimous approval.
DELIBERATION AND
DECISION MAKING SESSION
Board members further discussed the application and
proceeded to deliberate.
It was moved by Beardsley and seconded by Gaw that the
Zoning Board of Appeals grants the application of William Ciola for the
property located at 10 Round Hill
Road Lot #17-1 for a variance of the Bethany Zoning
Regulations Section 5.3.E. “Minimum lot width” from 200’ to be reduced to 100’
and seeking a variance of Section 3.4 – the lot width reduction to 100’ would
allow the building line to be 70’ from road.
This variance is granted subject to the following
conditions:
- 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 is filed with the Bethany Town
Clerk for recording on the Bethany Land Records by the applicant or
owner.
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 is that the property has an unusual lot shape and
there are wetlands on the property.
2)
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.
3)
The reasons set forth in the application justify the
granting of the variance so as to make possible the reasonable use of the land.
4)
Literal enforcement of the Bethany Zoning Regulations
would result in exceptional difficulty or unusual hardship in that the owner
would not be able to build the proposed building because of the wetlands and
the shape of the lot and the constructing of the building will make the owner
more in conformity with the Zoning Regulations then he currently is.
5)
The variance will be in harmony with the general
purpose and intent of these Regulations in that it will bring the property
owner within the Zoning Regulations which currently he is not in accordance
with.
Unanimous
approval.
35 Timber Lane
Board members further discussed the application and
proceeded to deliberate.
It was moved by Briggs and seconded by Magda that the Zoning
Board of Appeals grants the application of Octavio and Patricia Goncalves for
the property located at 35 Timber Lane and shown on Assessor’s Map #117, Lot
#19-1 for a variance of Sections 3.4 and 4.1.C. of the Bethany Zoning
Regulations which variance is as follows:
- A 3.8’
variance of the rear yard setback to allow a 46.2’ rear yard setback for
the existing deck and for a 3.7’ variance of the rear yard setback to
allow a 46.3’ rear-yard setback to
construct inground pool.
This 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 is filed with the
Bethany Town Clerk for recording on the Bethany Land Records by the applicant
or owner.
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 as follows:
a)
On the east side of the property there is an existing
well which might require hydrofracturing.
b)
There are existing mature trees in that area also.
c)
Existing leaching fields are on the north side of the
property and the proposed leaching fields are on the south side of 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.
3)
These special conditions and circumstances do not
result from the actions of the applicant or the property owner.
4)
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.
5)
The reasons set forth in the application justify the
granting of the variance so as to make possible the reasonable use of the land.
Unanimous
approval.
ADJOURNMENT
There
being no further business to come before the Commission, it was moved by
Briggs and seconded by Gaw to adjourn
the regular meeting at 8:25 p.m. Unanimous
approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Zoning Board of Appeals
