HomeMy WebLinkAbout7_18_05 Assessory structure alone on lot without primary
TGZBA
OWN OF ROTON ONING OARD OF PPEALS
Minutes of Public Hearing/Meeting – Monday, 18 July 2005 – 7:30 PM
Groton Town Hall – 101 Conger Boulevard – Groton, NY
Board Members Others Present
(*absent)
Lyle Raymond, Chairman Joan Fitch, Recording Secretary
*Patricia Gaines Gary Coats, CEO
Geraldine Rapp
Steve Thane, Vice-Chairman
Thomas Tylutki
Applicants/Public Present
Kim & Linda Armstrong, Applicants; Barry Francis, Jean True.
PH
UBLIC EARING
Kim & Linda Armstrong, Applicants/Reputed Owners – 351 LaFayette Road – TM #28.-1-59.12
The Public Hearing was opened at 7:32 p.m. by Chairman Lyle Raymond who read aloud the Notice of
Public Hearing as duly published. Proof of Publication has been placed on file for the record.
Chairman Raymond advised the applicants that they needed to pay the fee before the hearing could
proceed. The fee of $26.28 was paid by the applicants. Members of the ZBA in attendance were
introduced by the Chairman.
The applicants were requesting a variance to site an accessory building for storage on the their
separate lot which is adjacent to their primary residence. Chairman Raymond acknowledged that
there had been no communications received from anyone regarding the appeal.
Chairman Raymond recognized Gary Coats, Town of Groton Code Enforcement Officer, who explained
that under the Groton Land Use & Development Code, Section 120, an accessory building cannot be
accessory if there’s no main structure. The applicants own an adjacent smaller lot (TM #28.-1-59.13)
which contains their residence, but the lot is not large enough to accommodate the proposed 32’ by
56’ pole barn. Therefore, the applicants are seeking a variance to construct this pole barn (to be used
for storage) on the subject adjoining lot, as shown on the sketch plan accompanying the application.
Chairman Raymond recognized the Kim Armstrong who explained that they moved into their
residence about five years ago. About three or four years ago, the subject next-door parcel was put
up for sale, and he and his wife purchased the 15.8± acre parcel from which he presently harvests
hay for sale. He stated he needed a barn to store his equipment which is presently left outside on
the property. When he purchased the subject parcel, he did not want to combine it with his house
lot because sometime in the future he and his wife may want to build a new home on the larger
parcel. Leaving the parcels separate would make it easier should this occur.
Chairman Raymond and the Board discussed how the subject property use would be reflected under
the current Ag & Markets Law, which required the owner(s) to show that the land was being used for
agricultural purposes. Chairman Raymond asked the applicants if they had considered simply
enlarging their house lot enough to accommodate the planned location of the pole barn. Mr.
Armstrong responded he had considered this, but didn’t want to do it because if he sold off his house
lot he would then lose the pole barn. Chairman Raymond then asked about combining Mr.
Armstrong’s two lots into one, which would solve the problem. This could be done by dissolving the
property line between the two, which would require approval of the Town Planning Board. Member
Tylutki stated that the applicant could leave the existing survey markers in, therefore making it
much easier to separate the parcels at a later date.
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Town of Groton ZBA Public Hearing/Meeting Minutes 18 July 2005
Chairman Raymond advised the applicants of the questions that NYS requires to be answered, one of
which was “are there other feasible ways the applicant could do this without having to have a
variance?” A positive answer would count against the granting of the variance. Also, “is the need for
a variance self-created?” Again, a positive answer would count against granting the variance.
Mr. Armstrong asked the Board if he could just withdraw his appeal at this time and pursue a
boundary change with the Planning Board. Chairman Raymond then formally asked the applicant if
he has decided to withdraw his appeal and seek a boundary change; the applicant stated yes, he
would like to withdraw his appeal. CEO Coats advised the applicants of what they needed to do to
apply for a boundary change; he would also check with the Planning Board to see if the Armstrongs
could be placed on their Agenda for July 21.
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Chairman Raymond asked if there was anyone present who wished to speak regarding the appeal.
With everyone being heard who wished to be heard, Chairman Raymond
closed the Public Hearing at 8:30 p.m.
D/D
ISCUSSIONECISION
With no further discussion, Member Tom Tylutki made a motion that the variance request to
construct an accessory building on a separate lot be dismissed because the applicant has agreed to a
solution that does not require a variance. The motion was seconded by Member Steve Thane, with
the vote recorded as follows:
Ayes: Chairman Raymond Nays: None
Member Gaines
Member Thane
Member Tylutki Absent: Member Gaines
Motion carried
This becomes Action #1 of 2005.
Other Matter
Chairman Raymond reminded the Board that their next Public Hearing was scheduled for 2 August
2005 at 7:30 p.m.
Adjournment
Chairman Raymond adjourned the meeting at 8:32 p.m.
Joan E. Fitch
Recording Secretary
E-mailed on8/1/05
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