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HomeMy WebLinkAbout2013-02-28 Manu Home (s) replacement TOWN OF GROTON ZONING BOARD OF APPEALS Minutes of Public Hearing/Decision Meeting - Thursday, 28 February 2013 - 7:30 PM Groton Town Hall Court Room - 101 Conger Boulevard - Groton, NY Board Members (*Absent) Others Present Paul Fouts, Chairman Gary Coats, Town CEO Patricia Gaines, Vice Chairman Carolann Darling Ted Schiele Vacancy Applicants & Public in Attendance James Lockwood, Jr., Applicant; Gary Anderson (?), John Beck, Dick Rossignol, Lyle Raymond, Town Councilman Lewis Sovocool, Dan Cerretani, Peggy Merrill. (See attached Attendance Sheet) PUBLIC HEARING James Lockwood, Jr., Applicant/Reputed Owner - 629 Old Stage Road - TM #20.-1-40.4 - Replace Two Manufactured Homes (continuing non-conforming use) The Public Hearing was opened at 7:30 p.m. by Chairman Paul Fouts, who read aloud the Legal Notice as duly published in the Groton Independent on 19 February 2013. Proof of Publication has been placed on file for the record. The ZBA members were introduced. Chairman Fouts then acknowledged receipt of an email from Lyle Raymond and read it into the record, as follows: From: Lyle S Raymond Jr Sent: Sunday, February 24,201311:26 AM To: Ifouts@odyssey.net Subject: Variance Request by James(Billy) Lockwood Folks:Since I am no longer on the ZBA, I am speaking as a citizen and adjacent property owner to Billy Lockwood. (Even if I was still on the ZBA, I would have to recuse myself because of this) Here are my thoughts on this variance request: I believe no variance is needed and the Hearing is superfluous. I think all that is needed is for Billy to create individually deeded lots for each of the three homes on his property. When the house at the rear was given a permit by a previous code enforcement officer,who I will leave unnamed, he told me that it was his opinion that there was sufficient road frontage on Old Stage Road for both houses next to the road,as well as for a driveway to create a flag lot for the house in the rear. He gave the permit for the rear house on that basis. It was never followed through to create the flag lot or to create the separate lots for the houses next to the road. That's why it is now nonconforming with three houses on the same property. It therefore seems to me that the solution is for three separately deeded lots, including the proposed flag lot,to be created now.The nonconformity is then eliminated!Doing so does not require a variance from the ZBA.The Planning Board would have jurisdiction on this instead. I wish to also add that I do not understand where the"grandfathering" language in the Hearing Notice came from.We moved here about the same time that Lockwood's did in 1970. (Where did time go?!) The original trailer occupied by the Lockwood family was installed at that time.Since then over the years the second trailer was added and the newest home in the rear.To be"grandfathered,"the second and third houses would have to have been built BEFORE the Town had a zoning code;this is NOT the case. One further thought:Since there are three houses on the same property,it could also be considered a minor subdivision,in which case it should be the Planning Board, not the ZBA that would be involved. However,the siting of two additional houses added to the original property took place over an extended period of years rather than all at once as in a subdivision---rather, it is simply the peeling off of additional lots from the original one. Well there are my thoughts on this. ----Lyle Raymond Page 1 of 5 Town of Groton ZBA Public Hearing & Decision Meeting Minutes 28 February 2013 Chairman Fouts recognized CEO Gary Coats who explained that the appellant had three manufactured homes on the subject property, all of which had been there since the late `90s and were placed legally at the time. The previous CEO had not interpreted the Code the same way as CEO Coats (one lot, one home). Now, the appellant wants to remove the two front homes and replace them with newer models. However, the "grandfather clause" applies only to those two homes as once they are removed from the site, the "grandfather" goes with them. CEO Coats added that the two homes are so old that they cannot be placed anywhere in New York State. The appeal being considered is to allow the applicant/owner to replace those two homes with newer models. Chairman Fouts asked if there were any comments from anyone present; comments were received as follows: Gary Anderson (appellant's brother-in-law) - Lives in one of the homes. Is five years from retirement. Owner want to put slabs under the relevant homes and replace them with models manufactured since the year 2000. Will improve the 8.46±-acre property. Chair Fouts asked the applicant why he didn't just subdivide the property? Mr. Lockwood responded that he did not want to do that; he couldn't split it because of the mortgage. He would have to have a boundary survey, and then his taxes would increase. Member Ted Schiele asked what the process would be to split it and is there any precedent. CEO Coats advised that each appeal is acted on, on its own merits. The ZBA's decision will go with the land. Mr. Lockwood stated that the homes, which are presently occupied by family members, have separate septic systems. Lyle Ravmond - Added to his email comments by stating, "This whole case rests upon the understanding that there's only one house to a lot." He gave history of the subject parcel, including actions of a previous CEO with whom Lyle had talked. The CEO at the time stated that the Code allowed that number of homes on a single lot as long as it met the frontage requirements. He suggested the Board take a close look at what the previous CEO thought the way he did and interpreted the Code the way he did. He also suggested that the ZBA make sure that the exact provision in the Code be cited. Is it legal, right now, to have more than one house on the lot? John Beck - 422 Champlin Road - Mr. Beck stated he would like to speak. Chairman Fouts said he would let him speak, but time would be limited to three minutes. Mr. Beck commented he could not say anything in three minutes. He then asked what was wrong with the Town of Groton that he couldn't have freedom of speech? He wanted ten minutes to defend the applicant. When Chair Fouts again advised that he had the allotted time, Mr. Beck stated, "well, this is Communism . . . I served my country and I'm a veteran, and Mr. Coats filed false charges against me in Tompkins County Supreme Court—he lied." Chair Fouts asked Mr. Beck if he was going to speak regarding Mr. Lockwood. Mr. Beck responded that it was about Mr. Lockwood, his rights, and Mr. Lockwood's rights, "and you won't let me talk about it. I don't see why I can't have twelve minutes of freedom of speech." The applicant spoke up and asked Mr. Beck, "John, if you've got something to say . . get it out in the open . . . I've got to get back to the hospital." Chair Fouts again advised Mr. Beck that he had three minutes to speak regarding Mr. Lockwood's appeal. Mr. Beck again stated "this is Communism. It's about Mr. Lockwood's rights and it's about my rights and you won't let me speak what I got to say. Gary Coats lied to take my freedom of speech away in Tompkins County Supreme Court and I have sent this case to the NYS Commission on Judicial Conduct and it will be investigated, and Gary Coats is gonna get one to five for his lying, bringing false charges against me—" Chair Fouts interrupted Mr. Beck and again asked him if he had any comments regarding Mr. Lockwood's appeal, "that's all we're going to discuss tonight." Mr. Beck answered, "Well, I want twelve minutes to discuss it." When advised he had three minutes, Mr. Beck again repeated "this is Communism, that's all I can say, and Glenn Morey's going to be investigated too, and the Town of Groton don't have deep enough pockets when I get done with them. To take a citizen to Court on false charges, to lie, and to commit perjury, and you want me in jail, you want me in jail. The Town of Groton Page 2 of 5 Town of Groton ZBA Public Hearing & Decision Meeting Minutes 28 February 2013 government is corrupt and I will come down tomorrow. I want a transcript on this whole damn affair where I cannot get my freedom of speech. There's not that many people here. I don't see why I can't have twelve minutes to speak." After Mr. Lockwood's interruption at this time, Mr. Beck stated that he was leaving, commenting, "this is Communism, no freedom of speech. The Town of Groton wants to take all my rights away from me, and I want to see Mr. Coats to go to Court and to be sentenced for filing false charges against me, lying, and committing perjury . . . that's all I got to say. . . . III see you in Court, Gary." Chairman Fouts asked if there was anyone from the public who wished to comment on the proposed matter; there were none. Member Schiele asked what a flag lot was, and CEO Coats satisfactorily answered his question. CEO Coats apprised the Board as to his interpretation of the Code: one residence per lot. Elder housing was something different and a second home was allowed on a lot with Planning Board approval, but the home was to be removed when the persons) for whom it was needed no longer did so. However, CEO Coats stated, this was something entirely different. Chair Fouts asked the applicant if he had explored subdividing the parcel so there would be one residence per lot, and Mr. Lockwood responded that he had not as he did not wish to do so. He added that one well serviced all three residences, and if he subdivided this his taxes would increase and he would have to increase the rent. CEO Coats advised that he can use the same well if he is the owner. With everyone being heard who wished to be heard, the Public Hearing was closed at 8:07 p.m. by Chairman Fouts. DISCUSSION/DECISION Chairman Fouts opened the decision portion of this appeal immediately after closing the Public Hearing. Member Gaines thought that the Board might want to find out what it would cost if the subject parcel was subdivided to permit one home per lot. CEO Coats commented that the applicant was seeking a variance from his (CEO Coats') interpretation of one house per lot with 150 ft. of road frontage required. Chair Fouts said he agreed with the CEO's interpretation. Each Board member present also individually agreed. Chairman Fouts then proceeded with the required questions (balancing test) for a use variance, with the responses being given by the ZBA members, after a brief discussion of each, as follows: 1. Is applicant substantially unable to make a reasonable return from the property, as shown by competent financial evidence? Finding: We have no evidence to determine that. Don't have enough information. Everyone agreed. 2. Is hardship somewhat unique, or at least not shared by a maioritv of parcels in the same zoning district? Finding: Yes, it's unique as there's no other circumstance like this in the neighborhood. All agreed. 3. Will it alter the essential character of the neighborhood? Discussion/Finding: No, it would not make it worse. All agreed. 4. Is alleged difficultv self-created? Finding: No. Applicant did what was required at the time. Now wants to improve the property. Interpretation at that time was not his fault. Page 3 of 5 Town of Groton ZBA Public Hearing&Decision Meeting Minutes 28 February 2013 A motion was then made by Member Gaines that the Town of Groton ZBA agrees with CEO Gary Coats' interpretation of the Code that only one residence per parcel is allowed. The motion was seconded by Member Schiele, with the vote recorded as follows: Ayes: Chairman Fouts Nays: None Member Darling Member Gaines Member Schiele Motion carried. This becomes Action #3 of 2013. A motion was then made by Member Gaines that, based on the findings, the Zoning Board of Appeals grants the variance to allow replacement of two manufactured homes on this property, as requested. The motion was seconded by Member Schiele, with the vote recorded as follows: Ayes: Chairman Fouts Nays: Member Darling Member Gaines Member Schiele Motion carried. This becomes Action #4 of 2013. OTHER MATTERS - INTERVIEWS The Board interviewed three candidates for the vacancy on this Board: Dan Cerretani, Peg Merrill, and Ken Thompson. All were then excused and advised they would be notified of the Board's decision. After a brief discussion, a motion was made by Member Schiele to recommend to the Town Board that they that select Dan Cerretani to fill the vacancy on the Zoning Board of Appeals. The motion was seconded by Member Gaines, with the vote recorded as follows: Ayes: Chairman Fouts Nays: None Member Darling Member Gaines Member Schiele Motion carried. This becomes Action #5 of 2013. ADJOURNMENT At 9:20 p.m., a motion to adjourn the meeting was made by Member Gaines and seconded by Member Schiele, with all Board members present voting in favor. n Fitch, Board Secretary Emailed to AS, RC, GC, GM 8s ZBA Members on 3/29/13. Attchmt.: Attendance Sheet Page 4 of 5 Town of Groton ZBA Public Hearing&Decision Meeting Minutes 28 February 2013 ATTENDANCE SHEET (T) GROTON PLANNING BD. ZBA,X MEETING OF -ca (Your attendance is recorded in the meeting Minutes.) CMINTED) Name: Regarding: Complete Address: C- t It J If Page 5 of 5