HomeMy WebLinkAbout2013-10-17 Side yard setback TOWN OF GROTON ZONING BOARD OF APPEALS
Minutes of Public Hearing/Decision Meeting- Wednesday, 16 October 2013 - 7:00 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 Sheldon Clark, Town Councilman
Carolann Darling
Ted Schiele
Dan Cerretani
Applicants & Public in Attendance
Evan Hayes, Appellant; Bill Hayes, Karl Becker.
11 PUBLIC HEARING
Evan Haves, Appellant/Reputed Owner - 132 Old Peruville Road - TM #36.-1-55 - Side Yard
Setback
The Public Hearing was opened at 7:05 p.m. by Chairman Paul Fouts. The Chairman read aloud
the Legal Notice as duly published in the Groton Independent on 10 October 2013. There was a
correction to the notice that the building is in an M2 district. Proof of Publication has been
placed on file for the record.
The ZBA members were introduced. Chairman Fouts then acknowledged all required fees had been
paid and two communications had been received. The letter from Ms. Wilma Paterson of 133 Old
Peruville Rd., was read aloud and concluded that she was in favor of the construction. The letter from
Mr. Ed Volpicelli of 136 Old Peruville Rd., was read aloud and concluded that he had no issue with the
extended garage.
Chairman Fouts recognized CEO Gary Coats who explained that the appellant wanted to construct an
extension onto a garage that had recently fallen. The garage was allowed without a variance because it
was preexisting on the lot line. The extension however, because it was not part of the original footprint
of the garage, was not allowed to be built within the side yard 6'minimum set back of an M2 district.
Chairman Fouts asked if there were any comments from anyone present; there were none from
the public.
Member Darling asked if traffic with the Volpicelli's would be problem. Appellant stated there
would be no problems.
Member Schiele asked if the addition could go on the back instead of the front of the building.
Appellant said the rear wall will stay.
With everyone being heard who wished to be heard, the Public Hearing
was closed at 7:20 p.m. by Chairman Fouts.
DISCUSSION/DECISION
Chairman Fouts opened the decision portion of this appeal immediately after closing the Public
Hearing.
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. Whether the benefit sought by the applicant can be achieved by some
alternate method, feasible for the applicant to pursue, other than an Area
Variance?
Finding: Yes, but not the best way. Everyone agreed.
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Town of Groton ZBA Public Hearing & Decision Meeting Minutes 16 October 2013
2. Whether and undesirable change will be produced in the character of the
neighborhood or a detriment to nearbv properties will be created by the
granting of the Area Variance?
Finding: No. Everyone agreed.
3. Whether the requested Area Variance is substantial?
Finding: No. All agreed.
4. Whether the proposed Variance will have an adverse effect or impact on the
phvsical or environmental conditions in the neighborhood or Zoning District?
Finding: No negative impacts. All agreed.
5. Is alleged difficultv self-created?
Finding: No. Location is restricted by the old building's footprint. It's not
self-created. All agreed.
CEO Gary Coats described what a Type II action was as it pertains to this SEQR review. With no
further discussion, a motion was made by Member Dan Cerretani that the Town of Groton Zoning
Board of Appeals declares this action as a Type II Action under 6NYCRR Part 617.5 (12) and does
not require SEQRA review to grant an individual setback and lot line variance. The motion was
seconded by Member Pat Gaines, with the vote recorded as follows:
Ayes: Chairman Fouts Nays: None
Member Gaines
Member Schiele
Member Cerretani
Member Darling
Motion carried.
This becomes Action #10 of 2013.
A motion was then made by Member Schiele that, based on the findings, the Zoning Board of
Appeals grants the requested use variance to construct an addition onto a garage within the 6'
side yard setback of an M2 district. The motion was seconded by Member Pat Gaines, with the
vote recorded as follows:
Ayes: Chairman Fouts Nays: None
Member Darling
Member Schiele
Member Cerretani
Member Gaines
Motion carried.
This becomes Action #11 of 2013.
APPROVAL OF MINUTES — 18 JULY 2013
A motion was made by Member Cerretani to approve the Minutes of the 18 July 2013 ZBA
hearing/meeting, as submitted. The motion was seconded by Member Gaines, with the vote
recorded as follows:
Ayes: Chairman Fouts Nays: None
Member Darling
Member Schiele
Member Cerretani
Member Gaines
Motion carried.
This becomes Action #12 of 2013.
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Town of Groton ZBA Public Hearing & Decision Meeting Minutes 16 October 2013
ADJOURNMENT
At 7:30 p.m., a motion to adjourn the meeting was made by Member Schiele and seconded by Member
Darling, with all Board members present voting in favor.
Gary Coats, CEO
Acting Board Secretary
Emailed to GM & ZBA
Members on 10/18/13. Rev. 10/20/13.
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