MINUTES OF THE BETHANY
MEETING OF MONDAY,
MARCH 14, 2016 Page 1 of 4
The regular meeting of the Zoning Board of Appeals was
called to order at 7:06 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, Vice-Chairman
Margaret
Foley, Member
Nick DiGiorgi, Alternate, seated as
a voting member.
Thomas Mabry, Alternate, seated as
a voting member.
Shirley Lasch-Gobilirsch, Alternate
The following Board Members were absent:
Lisa Gaw,
Member
Thomas Magda, Member
Also present was:
Isabel Kearns, Zoning Enforcement Officer
MINUTES
It was moved by Beardsley and
seconded by DiGiorgi to approve, as submitted, the minutes of the July 13, 2015,
Regular Meeting.
Voting for: Seaton,
Beardsley, Foley, DiGiorgi, Mabry.
Unanimous
approval.
BILL
It was moved by DiGiorgi and seconded by Beardsley to
approve the payment of a bill for $105.00, dated March 14, 2015, from Anne
Sohon for recording services for the public hearing (43 Clay Road).
Voting for: Seaton,
Beardsley, Foley, DiGiorgi, Mabry.
Unanimous
approval.
OTHER
CORRESPONDENCE RECEIVED:
A. Letter
from Isabel Kearns, ZEO, to Jacquelyn Davis, owner of 43 Clay Road, dated
January 21, 2016, Re: Proposed addition,
dwelling not in compliance.
B. Connecticut
Federation of Planning and Zoning Agencies Quarterly Newsletter, Summer 2015.
C. Connecticut
Federation of Planning and Zoning Agencies Quarterly Newsletter, Fall 2015.
D. Connecticut
Federation of Planning and Zoning Agencies Quarterly Newsletter, Winter 2016.
PUBLIC HEARING – 43 CLAY ROAD
At 7:11 p.m., Chairman Seaton opened the public hearing in
regard to the application submitted by Jacquelyn Davis for property located at
43 Clay Road seeking the following two variances of Sections 3.4 and 4.1.B of
the Bethany Zoning Regulations for an addition:
·
A 17-foot variance of the front-yard setback to
allow a 33-foot front-yard setback along Clay Road.
·
A 5-foot variance of the front- yard setback to
allow a 45-foot front-yard setback along Francis Drive.
Chair Seaton read the legal notice for the public hearing.
Isabel Kearns, Zoning Enforcement Officer, noted that the
lot is undersized and that the R-65 Zone minimum acreage is 1 ½ acres and this
lot is 1.16 acres.
Present for this application were:
·
Tony Arrato of Connecticut Drafting and Design,
representing the property owner.
·
Fred D’Amico, P.E./L.S., representing the
property owner.
·
Jacquelyn Davis, owner of record.
Mr. Arrato briefly reviewed the proposed variances.
Mr. D’Amico noted the following in discussion:
·
One hardship is the lot being undersized and the
dwelling is located in the setback.
·
Trying to put an addition on a house in the
setback is a hardship.
·
There are no concerns from the neighbors.
·
Basically the addition is to accommodate
handicap ramp in front and in garage.
·
The well is located in front and the leaching
fields are off to the west of the house.
·
Addition will conform to neighborhood.
Chairman Seaton 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
February 16, 2016, listing addresses of
the surrounding property owners within 100 feet of the property that were
notified of this application.
2) Exhibit
1B – Set of two drawings entitled,
“Conceptual Sketches, 43 Clay Road”, dated January 8, 2016, prepared by
Connecticut Drafting & Design LLC, Oxford, Connecticut.
3) Exhibit
1C – Set of four plans entitled, “Existing Conditions, Basement Floor Plan,
First Floor Plan, Exterior Elevations”, dated March 14, 2016, prepared by
Connecticut Drafting & Design LLC, Oxford, Connecticut.
Jacqueline Davis of 43 Clay Road stated that she owns house
and can’t walk up and down stairs due to surgeries. She would like to retire in this house and is
trying to prepare the house as handicap accessible for the future.
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.
Commission members noted:
- Due to ADA Requirements
needed extra space for the length of handicap ramp on Francis Drive.
- House was built in corner
on property.
- Garage is undersized.
- There will be another
handicap ramp in garage.
At 7:33 p.m., it was moved by Foley and seconded by DiGiorgi
to close the public hearing on the subject application. Unanimous
approval.
DELIBERATION AND
DECISION MAKING SESSION
Board members discussed the application extensively and
proceeded to deliberate.
It was moved by Foley and seconded by DiGiorgi that the
Bethany Zoning Board of Appeals grants the application of Jacquelyn Davis for
the property located at 43 Clay Road and shown on Assessor’s Map #107 Lot #54
for a variance of Sections 3.4 and 4.1.B. of the Bethany Zoning Regulations
which variances are as follows:
·
A 17-foot variance of the front-yard setback to
allow a 33-foot front-yard setback along Clay Road.
- A 5-foot variance of the
front- yard setback to allow a 45-foot front-yard setback along Francis
Drive.
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 the
physical location of this property within the current setback area and the
revision of the setback lines after the approval of this building lot.
2) Due
consideration has been given to conserving the public health, safety,
convenience, welfare, and property values, ADA Regulation compliance and the
undersized garage.
3) In
granting the variance, substantial justice will be done, and the public safety
and welfare will be secured.
Vote 5 to 0.
Voting for: Seaton, Beardsley, Foley, DiGiorgi, Mabry.
Unanimous
approval.
ADJOURNMENT
There
being no further business to come before the Board, it was moved by DiGiorgi
and seconded by Mabry to adjourn the regular meeting at 8:20 p.m.
Unanimous
approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Zoning Board of Appeals
