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Bethel board approves two variances to resolve lot‑line issue on Nelson Street

Town of Bethel Board of Commissioners / Board of Adjustment · May 7, 2025
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Summary

After sworn testimony and public comment, the Town of Bethel Board of Adjustment granted two variances allowing a 9.4‑foot side yard where 12 feet are required and an 11,250 sq. ft. lot where 15,000 is required for adjacent parcels on Nelson Street; the board read required findings and approved both applications.

The Town of Bethel’s Board of Adjustment approved two variances on adjacent Nelson Street parcels after a public hearing and sworn testimony. The board voted to allow a side‑yard setback of 9.4 feet where the ordinance requires 12 feet and to permit an 11,250‑square‑foot lot where 15,000 is required.

Town Attorney (speaking to the board) described the request as arising from a lot‑line adjustment that moved the dividing line toward 191 Nelson Street and left the interior setback at 9.4 feet, short of the 12‑foot ordinance standard. The attorney confirmed that notice was mailed to adjacent owners and posted on the properties on April 24 and read the three statutory findings the board must make for a variance.

Dale Hardy, who identified himself as the son‑in‑law of owner Edna (Ruth) Matthews and testified under oath, told the board the lot line previously ran through one of the houses and that the proposed adjustment resolved that condition. "So that's all I can tell you … then that resolves the property line from going through the house," Hardy said in sworn testimony.

A neighborhood resident, Cassandra Conger, spoke in support, saying she saw no reason the board should deny the request and that denying it would leave two empty houses.

The attorney then read the findings of fact the board must consider — procedural compliance, notice to adjoining owners, the existence of an unnecessary hardship, uniqueness of the property condition, that the hardship was not self‑created, and consistency with the spirit and purpose of the ordinance — and the board took the required separate motions for each finding. The record shows motions were made and carried, and the board announced the final outcome as four in favor and none opposed for each variance. The attorney noted Commissioner Whitehurst had been excused from voting on at least the first matter; the attorney described the Board of Adjustment session as being conducted with four seated members and therefore requiring their unanimous affirmative votes to grant a variance.

The board’s approval will allow the property owner to finalize the lot line adjustments and proceed with plans to market or sell the separate parcels. The town attorney said the orders approving the variances would be prepared and signed following tonight’s votes.

Action at a glance: both variances were approved by the Board of Adjustment; the board recorded four affirmative votes on the motions to grant the variances.