Tuesday, April 16, 2019


MINUTES OF THE BETHANY ZONING BOARD OF APPEALS REGULAR MEETING OF MONDAY, APRIL 8, 2019                                            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.

 

Roll call was taken.

 

The following Board Members were present:

            Thomas Mabry, Vice-Chairman, Acting as Chairman

            Margaret Foley, Member

            Nick Poulmas, 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 Member was absent:

            Thomas Magda, Chairman

 

Also present were:  Isabel Kearns, Zoning Enforcement Officer

                                Kevin McSherry, Town Attorney

 

 

MINUTES


 

It was moved by Mabry and seconded by Stirling to approve, as submitted, the minutes of the March 11, 2019, Regular Meeting.

Voting for:  Mabry, Foley, Stricker, Stirling, Huxley.

Unanimous approval.

 

It was moved by Mabry and seconded by Huxley to approve, as submitted, the minutes of the March 20, 2019, Special Meeting.

Voting for:  Mabry, Foley, Stricker, Stirling, Huxley.

Unanimous approval.

 

 

COMMUNICATIONS

1.      Copy of letter from Isabel Kearns, ZEO, to Mr. & Mrs. John Velardi of 15 Cedar Road, dated March 15, 2019, Re:  Cease & Desist Order, large parts of tree trunks and wood being delivered and stored on property.

 

 

DELIBERATION/DECISION-MAKING SESSION FOR 41 GREEN HILL ROAD

 

Town Attorney Kevin McSherry prepared a draft motion for the Board to review.

 

It was moved by Mabry and seconded by Huxley to read the draft motion into the meeting record.

Voting for:  Mabry, Foley, Stricker, Stirling, Huxley.

Unanimous approval.

 

 

 

 

It was moved by Mabry and seconded by Stirling to modify and approve the motion by removing the sentence, “If any unprocessed logs remain after October 31, 2019, the appellants shall remove unprocessed logs from the property” as follows:

 

Procedural History and Facts

November 15, 2018, Isabel Kearns, Zoning Enforcement Officer of the Town of Bethany, issued a Cease and Desist Order against Peter Kaminski and Juliannne Stach regarding their property known as 41 Green Hill Road, Bethany, Connecticut.

 

On December 13, 2018, Peter Kaminsky and Julianne Stach appealed the order of the Zoning Enforcement Officer to the Zoning Board of Appeals.

 

The Zoning Board of Appeals scheduled a public hearing for January 14, 2019.

 

The Zoning Board of appeals held a public hearing on January 14, 2019.

 

The public hearing was continued until March 11, 2019, and the public hearing was closed on that date.

 

Zoning Board of Appeals conducted deliberations on March 20, 2019.

 

Zoning Board of Appeals has determined that the Cease and Desist Order of the Zoning Enforcement Officer shall be affirmed in part and modified pursuant to its authority under Connecticut General Statutes 8 –7 in Section 14 of the Zoning Regulations of the Town of Bethany Connecticut.

 

The reasons set forth in the appeal and evidence at the public hearing did not demonstrate that the Zoning Enforcement Officer erred in regards to the Zoning Regulations Section 4.2 Storage.

 

The Appellants shall be required to comply with Section 4.2 of the Zoning Regulations and the Cease and Desist Order shall be continued with the following conditions:

 

·         The Appellants shall provide Evergreen plantings 6 to 8 feet in height along the northern side of the property and planting shall be completed by May 8, 2019, to insure two growing seasons.

·         A total of 8 stacks of wood with a maximum height of 6 feet shall be allowed to be placed from the northwesterly corner of the Appellants’ house, stacked in a westerly direction in a line with the rear corner of the Appellants’ house maintaining the approximate distance from the corner of the Appellants’ house from the northerly boundary line for the placement of the stacks in a row. The stacks shall be covered in the same manner as the current stacks on the property.

 

 

 

 

 

 

 

 

 

·         All of the unprocessed logs must be moved to the far southwest corner of the property in an area approximately 60 feet x 50 feet by May 1, 2019. The stack of unprocessed logs shall not exceed 60 and shall be properly screened pursuant to Section 4.2 “ ...by plantings, opaque fencing or other appropriate screening devices.”

·         The unprocessed logs shall be processed, split into firewood within and near the storage area, by October 31, 2019.

·         The Appellants shall be limited to no more than twelve (12) unprocessed logs being delivered per year. Unprocessed logs are to be stored in the area designated in the southwest corner of the property.

 

As long as the appellant complies with the terms of the modified Cease-and-Desist Order, the Appellant shall not be subject to fines as permitted by statute or regulation.  However non-compliance with the modified cease-and-desist desist order shall result in fines being assessed against the Appellants.

 

The Appellants’ Appeal regarding the Cease-And-Desist Order under Section 4.3 E.3 is sustained.

Poulmas recused himself.

Vote 5 to 0.

Voting for:  Mabry, Foley, Stricker, Stirling, Huxley.

Unanimous approval.

 

 

ADJOURNMENT

 

There being no further business to come before the Commission, it was moved by                  seconded by Huxley and seconded by Foley  to adjourn the regular meeting at 7:20 p.m.

Voting for:  Mabry, Foley, Stricker, Stirling, Huxley.

Unanimous approval.

 

Respectfully submitted,

 

 

Antonia R. Marek, Clerk

for the Zoning Board of Appeals