MINUTES OF THE BETHANY ZONING BOARD OF
APPEALS REGULAR
MEETING OF MOND
The regular meeting of the Zoning Board of Appeals was
called to order at 7:02 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
Lisa Gaw,
Member
Nick DiGiorgi, Alternate Member,
seated as a voting member
Shirley Lasch-Gobilirsch, Alternate
Member, seated as a voting member
Thomas Mabry, Alternate Member,
seated as a voting member for a portion of the meeting
The following Board Members were absent:
Margaret
Foley, Member
Tom Magda,
Member
Also present was:
Isabel Kearns, Zoning Enforcement Officer
MINUTES
It was moved by Gaw and seconded by
DiGiorgi to approve the minutes of the April 10, 2017, Regular Meeting, with
the following amendment:
·
Page 1 – Add Ryan Shea to list of absent
members.
Voting for: Seaton,
Beardsley, Gaw, DiGiorgi, Lasch-Gobilirsch.
Unanimous
approval.
BILL
It was moved by Gaw and seconded by Lasch-Gobilirsch to
approve the payment of a bill for $125.00, dated May 8, 2017, from Anne Sohon
for recording services for the public hearings (278 Sperry Road, 15 Woods Road).
Voting for: Seaton,
Beardsley, Gaw, DiGiorgi, Lasch-Gobilirsch.
Unanimous approval.
CORRESPONDENCE
RECEIVED:
A. Letter
from Isabel Kearns, ZEO, to Abigail Adams of A2 Land Consulting, LLC, dated
April 21, 2017, Re: Proposed detached
garage.
PUBLIC HEARING CONTINUATION – 15 WOODS ROAD
At 7:06 p.m., Chairman Seaton opened the public hearing
continuation in regard to the application submitted by Edmond and Tami Caporaso
for property located at 15 Woods Road seeking the following variance of
Sections 3.4 and 4.1.C. of the Bethany Zoning Regulations for a detached
garage:
·
A 33.5-foot variance of the side yard setback to
allow a 16.5-foot side yard setback.
Chairman Seaton read the notice for the public hearing
continuation. Roll call was taken.
Present for this application were Tami and Edmond Caporaso,
applicants and owners of record.
Mr. or Mrs. Caporaso noted the following in discussion:
·
Hired excavation professional, Don Paradise, who
was also present at public hearing. Mr.
Paradise confirmed that the area being proposed to build the garage is
suitable.
·
Mr. Paradise reviewed the map regarding the
accessibility to service the septic and the well.
·
Problem with building the garage where the Board
suggested because of electric origin.
Some items noted by the Board Members were:
·
Member Lasch-Gobilirsch noted she visited the
site on May 7, 2017.
·
Discussed septic system being replaced or
testing.
·
Applicant mentioned it’s a new septic system.
Chairman Seaton noted that the Board received the following
items relative to the subject application.
Exhibit identification was assigned as noted:
1) Exhibit 2A – Submitted by Mr.
Caporaso, photograph of property.
2) Exhibit 2B – Submitted by
applicants, relocation cost for electrical.
Estimate prepared by Balzano Electric.
3) Exhibit 2C – Letter from
neighbor, Josh Hartnett, dated May 5, 2016.
Chairman Seaton asked if anyone from the public would like
to speak in favor and against the application.
The following member of the public spoke:
·
Mike Brennan, a friend of the family and in the
building business, spoke on behalf of the Caporasos.
At 7:26 p.m., it was moved by Lasch-Gobilirsch and seconded
by Gaw to close the public hearing.
Voting for: Seaton,
Beardsley, Gaw, DiGiorgi, Lasch-Gobilirsch.
Unanimous
approval.
PUBLIC HEARING – 278 SPERRY ROAD
At 7:29 p.m., Chairman Seaton opened the public hearing in
regard to the application submitted by Abigail Adams of A2 Land Consulting LLC
for property located at 278 Sperry Road seeking the following variance of
Sections 3.4 and 4.1.D. of the Bethany Zoning Regulations for a detached
garage:
·
A 5-foot variance of the maximum height
requirement to allow a 40 foot height detached garage located at 278 Sperry
Road.
Chairman Seaton read the legal notice for the public
hearing. Roll call was taken. Seated
this time was Alternate Member Tom Mabry and not Nick DiGiorgi. This was the
only change to personnel.
Member Beardsley noted that she is friendly with 3 of the
neighbors of 278 Sperry Road. None of these individuals were in attendance at
the meeting, nor did they send letters regarding this hearing. Member Beardsley
did not feel she represented a conflict of interest, so she remained seated.
Present for this application was Abigail Adams of A2 Land
Consulting, LLC representing the owners of record, David and Peggy Black.
Ms. Adams noted the
following in discussion:
·
Reviewed the plan presented on the easel – noted
that the sight had a significant slope.
·
Proposed garage with pitched roof – more aesthetically
pleasing.
·
The area has been flagged.
·
Screening can be used to enhance the area.
·
Lifts: believes that 11.5 ft. is needed to
accommodate lifts; uncertain of necessary height of each floor so lift can fit.
Some items noted by Board members were:
·
Member Beardsley visited the site today- she
questioned why the loft couldn’t be eliminated, then the variance would be
unnecessary; this would result in a 2-floor garage.
·
Chairman Seaton questioned what the hardship is.
Ms. Adams explained that the owners have collectible cars and need storage
space.
·
Alternate Member Lasch-Gobilirsch confirmed this
is for hobby, rather than business.
·
Member Beardsley asked about the height of each
level.
·
Board is trying to figure out where the work
area is – on the lower level?
·
Chairman Seaton asked if the Fire Department has
commented on this project. Isabel Kearns, Zoning Enforcement Officer, replied,
“No.” Chairman Seaton wants Ms. Kearns to contact BVFD for comments in case of
a fire or other emergency requiring assistance.
·
Alternate Member DiGiorgi had questions about
the loft as it relates to the roof line.
·
Member Gaw did a drive-by and noted that this
structure would be noticeable from Litchfield Turnpike.
·
Chairman Seaton asked if this structure could go
elsewhere on the property.
·
Alternate Member Lasch-Gobilirsch noted that
someone could drive into both levels.
·
Member Gaw inquired about the height of the
first level – does it need to be 21 feet high? She thinks there is a way to
shave the height – asked about lift requirements.
·
Chairman Seaton wants to know how many cars will
be housed here.
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 to Isabel Kearns, Zoning
Enforcement Officer, from Regional Water Authority.
2) Exhibit
1B – Letter to Abigail Adams from
Isabel Kearns.
3) Exhibit
1C – Letter dated April 21, 2017, to
Board Members from Abigail Adams.
Chairman Seaton asked if anyone from the public would like
to speak in favor and against the application.
There were no comments.
At 8:03p.m., it was moved by BeardsleyLasch-Gobilirsch to
continue the public hearing to the next regular meeting scheduled for Monday,
June 12, 2017, at 7:00 p.m. in the Commission Meeting Room of the Bethany Town
Hall.
Voting for: Seaton,
Beardsley, Gaw, Mabry, Lasch-Gobilirsch.
Unanimous
approval.
DELIBERATION AND
DECISION MAKING SESSION
15 Woods Road
Board members discussed the application and proceeded to
deliberate.
It was moved by Beardsley and seconded by Gaw that the Bethany
Zoning Board of Appeals grants the application of Mr. and Mrs. Edmund Caporaso
for the property located at 15 Woods Road and shown on Assessor’s Map
# 122, Lot #35 for a variance of Section(s) 3.4 and 4.1C. Variance is as
follows: A 33.5-foot variance of the side yard setback to allow a 16.5-foot
side yard setback.
This variance is granted subject to the following condition:
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
Section 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:
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 topography
of the property and the amount of ledge.
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.
Literal enforcement of the Bethany Zoning
Regulations would result in exceptional difficulty or unusual hardship. There
is no other place to locate the garage.
4.
The variance will be in harmony with the general
purpose and intent of these Regulations.
5.
Due consideration has been given to conserving
the public health, safety, convenience, welfare, and property values.
ADJOURNMENT
There
being no further business to come before the Board, it was moved by Gaw and
seconded by Beardsley to adjourn the regular meeting at 8:15p.m.
Unanimous
approval.
Respectfully submitted,
Antonia R. Marek, Clerk
For the Zoning Board of Appeals
AY,
MAY 8, 2017 Page 1 of 5
