MINUTES OF THE
BETHANY ZONING BOARD OF APPEALS REGULAR MEETING OF MONDAY, MARCH 11, 2019 Page 1 of 4
The regular meeting of the Zoning Board of Appeals was
called to order at 7:07 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:
Thomas
Mabry, Vice-Chairman, Acting as Chairman
Margaret
Foley, Member
Mark
Stricker, Member
April Stirling, Alternate Member,
seated as a voting member
Rob Huxley, Alternate Member,
seated as a voting member
The following Board Members were absent:
Thomas
Magda, Chairman
Nick
Poulmas, Member
Also present were:
Isabel Kearns, Zoning Enforcement Officer
Kevin McSherry,
Town Attorney
MINUTES
It was moved by Huxley and seconded
by Foley to approve, as submitted, the minutes of the January 14, 2019, Regular
Meeting.
Voting for: Mabry, Foley,
Stricker, Stirling, Huxley.
Unanimous
approval.
BILL
It was moved by Huxley and seconded by Foley to approve the
payment of a bill for $125.00, dated March 11, 2019, from Donna Cahill for
recording services for the public hearing continuation (41 Green Hill Road).
Voting for: Mabry, Foley,
Stricker, Stirling, Huxley.
Unanimous
approval.
PUBLIC HEARING CONTINUATION – 41 GREEN HILL ROAD
At 7:11 p.m., Acting-Chairman Mabry opened the public
hearing continuation in regard to the application submitted by Peter Kaminski
and Julianne Stach for a Zoning Appeal of improper interpretation of the
Bethany Zoning Regulations, Section 4.2 regarding a Cease and Desist Order,
dated November 15, 2018, for outside storage.
Roll call was taken.
Acting-Chairman Mabry read the notice for the public hearing
continuation that was submitted to the Town Clerk.
Present to speak on behalf of this application were Attorney
Thomas Lynch, office located in Milford, Connecticut, representing the
applicants and owners of record, Peter Kaminski and Julianne Stach, who were
also present.
Acting-Chairman Mabry noted that the Board received the
following items relative to the subject application. Exhibit identification was assigned as noted:
1)
Exhibit 2A
– A memo from Lidia Butzky of 33 Green Hill Road, dated March 5, 2019, Re: 41 Green Hill Road.
2)
Exhibit 2B
– A memo from Chuck Doerrler of 56 Green Hill Road, dated March 10, 2019,
Re: Concurs with statement written by
Jack Ellison to Isabel Kearns, dated January 30, 2019, pertaining to 41 Green
Hill Road.
3)
Exhibit 2C
– An email from Chuck Doerrler of 56 Green Hill Road and from Jack Ellison of
55 Green Hill Road, dated January 31, 2019, Re:
General description of discussions with Mr. Kaminski of 41 Green Hill
Road.
4)
Exhibit 2D
– Submitted by Town Attorney McSherry, an email from Attorney Thomas Lynch to
Attorney Kevin McSherry, dated March 11, 2019, Re: List of items to resolve tree trunk issue
located at 41 Green Hill Road.
5)
Exhibit 2E
– Submitted by Town Attorney McSherry, a hand-drawn map prepared by Peter
Kaminski of 41 Green Hill Road, showing location of stacked wood and screening
that will be planted in Spring 2019.
6)
Exhibit 2F
– Submitted by Attorney Thomas, seven colored photographs taken by the
Farrell’s of 49 Green Hill Road, of the subject property located at 41 Green
Hill Road, showing piles of wood and tree trunks.
7)
Exhibit 2G
– Submitted by Attorney Thomas, two colored photographs from the Town of
Bethany GIS website, showing Green Hill Road.
Attorney Lynch noted the following on behalf of the
applicants:
·
Submitted an email (Exhibit 2D) that will cover
all the issues.
·
Submitted a map and discussed the map and the
proposed foliage barrier.
·
Mr. Kaminski has installed a professional wood
pile cover.
Some items noted by the Board Members were:
·
40 tree trunks already previously delivered. Proposing 12 trunks in future delivery.
·
There will be no further deliveries until after
December 2020.
·
If use a smaller truck for deliveries, possibly
less neighborhood disturbance.
·
What type of screening will be used? Mr. Kaminski mentioned bamboo. It was mentioned that arborvitaes are usually
used for screening.
Acting-Chairman Mabry asked if anyone from the public would
like to speak to have the Cease and Desist Order reversed or modified. There were no comments.
Also present to speak was Attorney Dominick Thomas, Derby,
Connecticut, representing some of the neighbors. Some items noted by Attorney Thomas were:
·
Submitted Exhibit 2F and reviewed.
·
Submitted Exhibit 2G and reviewed.
·
Mentioned stacking wood behind house. Mr. Kaminski mentioned leaching fields are
located there.
Acting-Chairman Mabry asked if anyone from the public would
like to have the order sustained as is.
The following residents spoke:
·
Christina Ellison of 55 Green Hill Road
·
Jack Ellison of 55 Green Hill Road
·
Dennis Stephens of 18 Green Hill Road
·
Diane Farrell of 49 Green Hill Road
·
Tim Ahearn of 8 Green Hill Road
·
Ron Farrell of 49 Green Hill Road
At 8:32 p.m., it was moved by
Huxley and seconded by Foley to take a five minute recess.
At 8:42 p.m., the hearing
reconvened.
Attorney Lynch stated he can supply
the septic layout information.
Attorney McSherry recommended the
Board close the public hearing and that the septic information can be submitted
through him.
At 8:43 p.m., it was moved by Huxley and seconded by
Stricker to close the public hearing on the subject application.
Voting for: Mabry, Foley,
Stricker, Stirling, Huxley.
Unanimous
approval.
The Board then discussed having a special meeting to
continue discussion on this Zoning Appeal for 41 Green Hill Road. It was moved by Mabry and seconded by Huxley
to schedule a Special Meeting on Wednesday, March 20, 2019 at 7:00 p.m. in the
Commission Meeting Room to come to a consensus and then make the final decision/vote
at the next regular meeting on Monday, April 8, 2019.
Voting for: Mabry, Foley,
Stricker, Stirling, Huxley.
Unanimous
approval.
ADJOURNMENT
Voting for: Mabry, Foley,
Stricker, Stirling, Huxley.
Unanimous
approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Zoning Board of Appeals
