MINUTES OF THE BETHANY
ZONING BOARD OF APPEALS REGULAR MEETING OF TUESDAY, OCTOBER 15, 2019 Page 1 of 5
The regular meeting of the Zoning Board of Appeals was
called to order at 7:04 p.m. in the Commission Meeting Room of the Bethany Town
Hall, 40 Peck Road, Bethany, Connecticut.
The following Board Members were present:
Rob Huxley, Chairman
Thomas Mabry, Vice-Chairman
Nick
Poulmas, Member
Mark
Stricker, Member
Melissa
Lambrecht, Alternate, seated as a voting member
Scott
Kealey, Alternate
The following Board Members were excused:
Armand
Rivellini, Member
Kevin
Dingle, Alternate
Also present was:
Isabel Kearns, Zoning Enforcement Officer
MINUTES
Lambrecht abstained.
Voting for: Huxley, Mabry, Poulmas, Stricker.
Unanimous approval.
Lambrecht
abstained.
Voting
for: Huxley, Mabry, Poulmas, Stricker.
Unanimous approval.
BILL
It was moved by Mabry and seconded by Poulmas to approve the
payment of a bill for $125.00, dated October 15, 2019, from Donna Cahill for
recording services for the public hearing (9 Russell Road).
Voting for: Huxley, Poulmas, Mabry, Stricker, Lambrecht.
Unanimous
approval.
CORRESPONDENCE
Connecticut Federation of Planning and Zoning Agencies,
Quarterly Newsletter, Spring, 2019.
PUBLIC HEARING
– 9 RUSSELL ROAD
At 7:08 p.m., Chairman Huxley opened the public hearing in
regard to the applications submitted by David L. Logue for property located at 9
Russell Road for an application for approval of a location of a motor vehicle
dealer and repairer and for a 320-foot variance to allow a 180-foot setback on
the easterly side instead of a 500-foot setback and for a 20-foot variance to
allow a 480-foot setback on the northeasterly side where 500 feet is required
between commercial garages and residential zones to locate a commercial garage
and sales office for car dealership
Roll call was taken. Chairman
Huxley read the notice for the public hearing that was published in the New
Haven Register.
Chairman Huxley asked all members seated if they visited the
subject property. All members seated did
respond that they visited the subject property.
Chairman Huxley 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 September 7, 2019, listing addresses of the surrounding property owners within 100
feet of the property that were notified of this application.
Present for the public hearing to speak on behalf of the
application was David Logue, applicant.
Mr. Logue briefly reviewed his proposal for a motor vehicle dealer and
repairer. Some comments by Mr. Logue
were:
·
The previous approval received for 163 Amity Road
did not work because the seller was unable to clear liens on the property.
·
All details are the same as the 163 Amity Road
application; nothing has changed.
Board members briefly discussed the applications.
Chairman Huxley then three times asked if any member from
the public would like to speak in favor of the applications. There were no comments.
Chairman Huxley then three times asked if any member from
the public would like to speak in opposition of the applications. The following members of the public spoke:
·
Jean Pierre Fletcher of 55 Old Amity Road
·
Kathryn Sylvester of 55 Old Amity Road
At 7:25 p.m. there being no further questions or comments,
it was moved by Poulmas and seconded by Mabry to close the public hearing on
the subject applications.
Voting for: Huxley, Mabry, Poulmas, Stricker, Lambrecht.
Unanimous
approval.
DELIBERATION AND
DECISION MAKING SESSION
9 RUSSELL ROAD
Board members discussed the application and proceeded to
deliberate.
Some items noted by the Board were:
·
Increased traffic.
·
Visibility coming off Russell Road onto Amity
Road.
·
Other car businesses in the same area.
·
Applicant will need to go to Inland Wetlands
Commission and Planning and Zoning Commission.
It was moved by Poulmas and seconded by Mabry to grant the
approval of the application submitted by David L. Logue for the property
located at 9 Russell Road and shown on Assessor’s Map #119, Lot #5B, for
location approval for a motor vehicle dealer and a motor vehicle repairer.
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:
- The
record supports issuing the Certificate of Location approval.
- The
record before the Board demonstrates that the location is suitable for the
business intended. The subject
property is zoned Business and Industrial and the surrounding properties
are zoned Business and Industrial.
Vote 5 to 0.
Voting for: Huxley, Mabry, Poulmas, Stricker, Lambrecht.
Unanimous approval.
The variance is 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
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) 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.
Member Huxley abstained.
Vote 4 to 0.
Voting for: Mabry, Poulmas,
Stricker, Lambrecht.
Application
approved.
ADJOURNMENT
There being no further business to come before the Board, it
was moved by Poulmas and seconded by Lambrecht to adjourn the regular meeting
at 8:15 p.m.
Voting for: Huxley, Mabry,
Poulmas, Stricker, Lambrecht.
Unanimous approval.
Respectfully submitted,
Antonia R. Marek, Clerk
for the Zoning Board of Appeals
