MINUTES OF THE BETHANY
MEETING OF MONDAY,
MAY 12, 2014 Page
1 of 3
The regular meeting of the Zoning Board of Appeals was
called to order at 7:03 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
Carol Goldberg,
Vice-Chairman
Ruth
Beardsley, Member
Lisa Gaw, Member
Margaret Foley, Alternate Member
Thomas Magda, Alternate Member,
seated as a voting member
The following Board Members were absent or excused:
Walter
Briggs, Member
Ryan Shea, Alternate Member
Also present was:
Isabel Kearns, Zoning Enforcement Officer
Kevin McSherry, Town Counsel
MINUTES
It was moved by Magda and seconded
by Shea to approve the minutes of the April 14, 2014, Regular Meeting, with the
following amendment:
- Page 1,
Third paragraph – Reads “The following Board Member was absent or excused:”
Change to “The following Board Members were absent or excused:’
Voting for: Seaton, Beardsley,
Gaw, Magda.
Goldberg abstained.
Approved.
BILL
It was moved by Goldberg and seconded by Beardsley to
approve the payment of a bill for $105.00, dated May 12, 2014, from Anne Sohon
for recording services for the public hearings (770 Amity Road
Voting for: Seaton, Goldberg,
Beardsley, Gaw, Magda.
Unanimous approval.
PUBLIC HEARING – 770 AMITY ROAD
At 7:07p.m., Chairman Seaton opened the public hearing in
regard to the application submitted by Theron Simons for a certificate of
approval for proposed location of motor vehicle dealer located at 770 Amity Rd
(Lock, Stock & Barrel) to sell enclosed trailers (horse & landscaping).
Present to speak on behalf of the application was Theron
Simons, applicant.
The following members disclosed on the public hearing regard
that they are customers of Lock, Stock & Barrel and do not have a conflict with
acting on this application: Seaton,
Goldberg, Beardsley, Gaw, Magda.
Chairman Seaton noted that the Board received the following
items relative to the subject application.
Exhibit identification was assigned as noted:
1) Exhibit
1A – Five green return receipt cards submitted by the applicant in regard
to notice of the public hearing to the abutting property owners.
2) Exhibit
1B – Letter from the Connecticut Water Company, dated May 6, 2014, Re: Comments on review of application for 770 Amity Road
Mr. Simons noted the following during his presentation:
- Would
like to sell horse and landscaping trailers.
- Have
had a lot of inquires from customers at the store regarding the sale of
trailers.
- To
sell the trailers we need to apply to the State of Connecticut for a
dealer’s license.
- Trailers
would not be motorized.
- Trailers
would be placed along the side of the property and around the back of the
property.
Some Board members had concerns of the amount of trailers to
be stored on the property.
Town Counsel Kevin McSherry noted CGS Sec. 14-54 in which it
states the applicant needs to present to the Department of Motor Vehicles a
certificate of approval of location from the land use agency with specific
requirements to only sell trailers. Also,
Attorney McSherry stated the applicant needs this approval in order to sell the
trailers even if they are not motor vehicles.
Isabel Kearns, ZEO, stated that the subject property has
approval for outside storage from the previous business.
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 7:27 p.m. there being no further discussion, it was moved
by Beardsley and seconded by Magda 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 Goldberg that the
Bethany Zoning Board of Appeals approves the application of Theron Simons for
the property located at 770 Amity
Road Lot #54 for location approval for a motor vehicle dealer.
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 having given due consideration to the proposed location of the
proposed business in reference to the following:
1) Consistent
with the existing business.
2) Schools,
churches, theaters, traffic conditions, width of highway and effect on public
travel will not be adversely affected.
3) The
record supports issuing the Certificate of Location approval.
4) The
record before the Board demonstrates the location is suitable for the business
intended.
This approval is granted subject to the following condition:
·
This approval is for the sale of non-motorized
trailers only.
Vote 5 to 0.
Voting for: Seaton, Goldberg, Beardsley, Gaw, Magda.
Unanimous
approval.
ADJOURNMENT
There
being no further business to come before the Commission, it was moved by Gaw and seconded by Magda to adjourn the
regular meeting at 7:31 p.m.
Unanimous
approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Zoning Board of Appeals
