MINUTES OF THE BETHANY ZONING BOARD OF APPEALS REGULAR

MEETING OF TUESDAY, OCTOBER 14, 2014                                   Page 1 of 5      

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.

 

Roll call was taken.

 

The following Board Members were present:

            James Seaton, Chairman

            Ruth Beardsley, Member

            Margaret Foley, Alternate Member, seated as a voting member

Thomas Magda, Alternate Member, seated as a voting member

Ryan Shea, Alternate Member, seated as a voting member

 

The following Board Members were absent or excused:

            Carol Goldberg, Vice-Chairman

            Walter Briggs, Member

            Lisa Gaw, Member

 

Also present was:  Isabel Kearns, Zoning Enforcement Officer

                              Kevin McSherry, Town Attorney

 

 

MINUTES

 

It was moved by Beardsley and seconded by Shea to approve the minutes of the May 12, 2014, Regular Meeting, with the following amendment:

• First page, Under MINUTES – Reads “It was moved by Magda and seconded by Shea” Change to “It was moved by Magda and seconded by Gaw”.

Voting for:  Seaton, Beardsley, Foley, Magda, Shea.

Unanimous approval.

 

 

BILL

 

It was moved by Beardsley and seconded by Magda to approve the payment of a bill for $105.00, dated October 14, 2014, from Anne Sohon for recording services for the public hearing (4 Simpson Court).

Voting for:  Seaton, Beardsley, Foley, Magda, Shea.

Unanimous approval.

 

 

 

 

 

 

 

 

 

OTHER CORRESPONDENCE RECEIVED:

A.      Letter from Isabel Kearns, ZEO, to Mr. & Mrs. Leonardis Stefanis owners of       4 Simpson Court, dated September 26, 2014, Re:  Compliance with the zoning regulations for 4 Simpson Court.

B.      Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Summer 2014.

C.      Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, Spring 2014.

 

 

PUBLIC HEARING – 4 SIMPSON COURT

 

At  7:03 p.m., Chairman Seaton opened the public hearing in regard to the application submitted by MaryAnn and Leonardis Stefanis for property located at 4 Simpson Court seeking the following variances of the Zoning Regulations to rebuild their house:

·         A 1% increase in the maximum building coverage to allow 11% where only 10% is allowed.

·         A 2.5% increase in the maximum ground coverage to allow 17.5% where only 15% is allowed.

·         A 12.9’ variance of the rear yard setback to allow a 37.1’ rear yard setback.

·         A 7.8’ variance of the front yard setback to allow a 42.2’ front yard setback.

·         A 3.9’ variance of the side yard setback to allow a 46.1’ southerly side yard setback.

 

Chair Seaton read the legal notice for the public hearing.

 

Chair Seaton stated for the hearing record that he is a landowner in close proximity of the subject property and this will not interfere with his decision on the application.

 

Isabel Kearns, Zoning Enforcement Officer, noted the following:

• House burnt down.
• Lot is only .5 acre in a zone where every lot is supposed to be a 1.5 acre.
• Property is off the watershed and proposed construction will not have an impact on any water company properties.

 

Chairman Seaton noted that the Board received the following items relative to the subject application.  Exhibit identification was assigned as noted:

1)      Exhibit 1A –  Letter from Isabel Kearns, ZEO, dated September 26, 2014, to Mr. and Mrs. Leonardis Stefanis, Re:  4 Simpson Court, redevelopment not in compliance with Zoning Regulations.

2)      Exhibit 1B – “Certificate of mailing” dated October 3, 2014, listing addresses of the surrounding property owners within 100 feet of the property that were notified of this application.

3)      Exhibit 1C – Copy of email from Town Attorney Kevin McSherry to Isabel Kearns, ZEO, dated September 26, 2014, Re:  Non-permitted structures at 4 Simpson Court.

4)      Exhibit 1D – Submitted by applicant, a photograph of rear view of house at 4 Simpson Court.

 

 

 

5)      Exhibit 1E – Submitted by applicant, a photograph of rear view of house at 4 Simpson Court.

6)      Exhibit 1F – Submitted by applicant, a photograph of front view of house at 4 Simpson Court.

7)      Exhibit 1G – Aerial map from Town of Bethany GIS of 4 Simpson Court.

8)      Exhibit 1H – Map of lot sizes in area of Simpson Court.

9)      Exhibit 1”I” – Map of Simpson Court and adjoining properties with foot markers of property lines.

10)  Exhibit 1J – Map entitled “Boundary Map” dated September 11, 2014, revised to September 22, 2014, prepared by D’Amico Associates, Oxford, Connecticut.

 

Kevin McSherry, Town Attorney, noted the following:

• The items that were not legally permitted on the property cannot be used in the decision making by the Board.

 

Commission members noted:

• The patio on the western side has been there for 40 years and the applicants enclosed it.
• New home will be 1,960 square feet with garage underneath.
• Existing driveway shown on the “Boundary Map” will be a new driveway.
• Well is located near driveway southeastern corner of the property.
• Septic is located to the west side of the property.

 

Present to speak on behalf of the application were MaryAnn and Leonardis Stefanis, applicants and property owners.

 

MaryAnn Stefanis noted:

• Submitted photographs of house (Exhibit 1D, 1E, and 1F) and explained to Board Members.
• Followed footprint of preexisting porch that was there for enclosure.
• Soil testing completed and reserve area for septic system is located in back of house.
• Garage will be underneath.

 

Chairman Seaton asked if there were any public members who would like to speak in favor of the application.  The following public member spoke:

·         Doris Beswick of 3 Simpson Court - Concerned with driveway being close to drainage pipe on her property and does not have any issues with construction of new home. ZEO stated proposed driveway is 24 feet away from drainage pipe

 

Chairman Seaton asked if there were any public members who would like to speak in opposition of the application.  There were no comments.

 

At 7:41, it was moved by Magda and seconded by Foley to close the public hearing on the subject application.  Unanimous approval.

 

 

 

DELIBERATION AND DECISION MAKING SESSION

 

4 Simpson Court

 

Board members and Town Attorney further discussed the application and proceeded to deliberate.

 

It was moved by Beardsley and seconded by Foley that the Bethany Zoning Board of Appeals grants the application of MaryAnn and Leonardis Stefanis for the property located at 4 Simpson Court and shown on Assessor’s Map #112, Lot #54 for a variance of Sections 3.4, 4.1.B. and 4.1.C. of the Bethany Zoning Regulations which variances are as follows:

·         A 1% increase in the maximum building coverage to allow 11% where only 10% is allowed.

·         A 2.5% increase in the maximum ground coverage to allow 17.5% where only 15% is allowed.

·         No more than a 12.9 foot variance of the rear yard setback to allow a 37.1 foot rear yard setback.

·         No more than a 7.8 foot variance of the front yard setback to allow a 42.2 foot front yard setback.

·         No more than a 3.9 foot variance of the side yard setback to allow a 46.1 foot southerly side yard setback.

 

These variances are 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 Sections 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 having given due consideration to the proposed location of the proposed business in reference to the following:

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 pre-existing size of the lot and the use of the existing foundation as much as possible for the proposed house.

2)      These special conditions and circumstances do not result from the actions of the applicant or the property owner.

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)      Due consideration has been given to conserving the public health, safety, convenience, welfare, and property values.

Vote 5 to 0.

Voting for:  Seaton, Beardsley, Foley,  Magda, Shea.

Unanimous approval.

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by Shea and seconded by Foley to adjourn the regular meeting at 8:01 p.m.

Unanimous approval.

 

Respectfully submitted,

 

 

 

Antonia R. Marek, Clerk

For the Zoning Board of Appeals