HomeMy WebLinkAbout2018-06-27TOWN OF GROTON ZONING BOARD OF APPEALS
Public Hearing/ Meeting Minutes - Thursday, 27 June 2018 - 7:00 PM
Groton Town Hall Court Room - 101 Conger Boulevard - Groton, NY
Board Members (*Absent) Others Present
Ted Schiele Randy Jackson, Town Councilman
Paul Fouts Rick Fritz, Town CEO
Patricia Gaines Joan Fitch, Board Secretary
Carolann Darling
*Daniel Cerretani
Applicants & Public in Attendance
Victoria Jordan, Applicant; Michael Jordan.
PUBLIC HEARING
Victoria R. Jordan, Applicant/ Michael & Victoria Jordan, Reputed Owners - 1994 Peruville
Road - TM #37.-1-12 - Area Variance - Side Yard Setback Less Than Allowed
The Public Hearing was opened at 7:08 p.m. by Chairman Ted Schiele who read aloud the
Legal Notice as duly published. Proof of Publication has been placed on file for the record.
Chairman Ted Schiele recognized Michael Jordan, representing the applicant who was seeking an
Area Variance to replace an existing accessory building with a new, larger 32 ft. by 40 ft. accessory
building closer to the side property line than allowed, as shown on a portion of the tax map
accompanying the application. The existing building, which is smaller and "right on the line," will
be torn down, and the larger building constructed to replace it. The proposed building will be used
to house lawn equipment, and they would like to put it about the same distance from the property
line as the old garage.
Board members viewed photos of the site on Chairman Schiele's laptop. The Jordans reported that
they had talked with their neighbors, and no one had an issue. The driveway was discussed.
Chairman Schiele asked the owners if they could move the proposed location of the building to
make it conform, and the Jordans responded that it would interfere with the driveway and their
well. The requested setback is approximately two feet, wherein ten feet is required. CEO Rick
Fritz commented that putting the proposed building at this location would actually be better as
there's "not much room there."
Chairman Schiele then asked if there was anyone present who wished to speak on this variance
request; there was no one.
With everyone having been heard who wished to be heard,
Chairman Schiele closed the public hearing at 7:25 p.m.
BOARD DISCUSSION/DECISION
With no further questions or comments, those Board members present proceeded with the
required "balancing test" for an area variance, as follows:
1. Would there be an undesirable change in neighborhood character or to nearby
property?
Finding: No. All three Board members present agreed.
2. Can the benefit be achieved by other means feasible to the applicant?
Finding: No. It's not feasible for the applicant to make it conform. All three
Board members present agreed.
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Town of Groton ZBA Public Hearing/Meeting Minutes 27 June 2018
3. Is the requested variance substantial?
Finding: No. All three Board members present agreed.
4. Would the variance have an adverse impact on the physical or environmental
conditions in the neighborhood or district?
Finding: No. All three Board members present agreed.
S. Has the alleged difficulty been self-created?
Finding: No, it was the existing location of the original garage. All three Board
members present agreed.
A motion was then made by Member Patricia Gaines to grant the Area Variance for a side
yard setback less than allowed, as requested. The motion was seconded by Member Paul
Fouts, with the vote recorded as follows:
Ayes: Chairman Schiele Nays: None
Member Gaines
Member Fouts Absent: Member Cerretamo
Member Darling
Motion carried.
This becomes Action #4 of 2018.
(It is noted for the record that Member Darling arrived at 7:28 p.m., as she had received a
notification that the public hearing started at 7:30. As the majority of the business had already
been conducted, she left.)
APPROVAL OF MINUTES — 24 JANUARY 2018
With Members Cerretani and Darling being absent from this meeting, and Member Fouts
being absent from the 24 January 2018 meeting, there was no quorum present to approve
the Minutes.
No Action Taken.
ADJOURNMENT
At 7:36 p.m., a motion to adjourn was made by Member Fouts, seconded by Member Gaines, with
all members present voting in the affirmative.
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J n E. F1tCh, Board Secretary Emailed to Supv., Town/Deputy Clerks, CEO Fritz,
Attorney Casullo & Board Members on 7/11/18.
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