HomeMy WebLinkAbout4-29--2015 Side yard setback assessory structure TOWN OF GROTON ZONING BOARD OF APPEALS
Public Hearing/Meeting Minutes - Wednesday, 29 April 2015 - 7:00 PM
Groton Town Hall Court Room - 101 Conger Boulevard - Groton, NY
Board Members (*Absent) Others Present
Ted Schiele, Chairman Gary Coats, Town CEO
Paul Fouts, Vice Chairman Joan Fitch, Board Secretary
Patricia Gaines
*Carolann Darling
*Daniel Cerretani
Applicants & Public in Attendance
Theresa Kimbrough, Appellant; Scott Hare; Town Supervisor Don Scheffler.
11 PUBLIC HEARING
Theresa Kimbrough, Appellant/Reputed Owner - 29 Stevens Road - TM #38.-3-10 - Garage
Closer to Boundary Line 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 in the Groton Independent on 22 April 2015. Proof of
Publication has been placed on file for the record.
Those ZBA members present introduced themselves. Chairman Schiele acknowledged that all
required fees had been paid.
Chairman Schiele recognized the appellant who was seeking an area variance to construct a 24 ft.
by 32 ft. two-bay, pole barn type garage at the location shown on the map and description
accompanying the application. The proposed garage, which is replacing an old barn, will have the
side and rear setbacks from two to three feet instead of the required six feet. The onsite shed will
remain. The requested variance, if granted, would make the new garage more conforming than the
previous barn.
Chairman Schiele advised everyone that all neighbors had been notified of this Public Hearing and
no correspondence or calls had been received regarding the Appeal. He also noted that there was
no one present to speak at this hearing, other than the appellant and Board members.
Therefore, with everyone having been heard who wished to be heard,
Chairman Schiele closed the Public Hearing at 7:23 p.m.
DISCUSSION/ DECISION
Chairman Schiele opened the discussion/decision portion of the Zoning Board of Appeals meeting
at 7:23 p.m. CEO Coats advised that the SEQR Review was not required for this type of action.
Chairman Schiele then read aloud the questions contained in the required "balancing test," as
shown below. Findings were recorded by the Board Secretary.
1. Would an undesirable change be produced in the character of the neighborhood or a detriment
to nearby properties?
Finding: No.
2. Can the benefit sought by the applicant be achieved by a feasible alternative to the variance?
Finding: No, due to the location of the property's septic system.
3. Is the request substantial?
Finding: Yes; however, based on this case it's more conforming than it ever was.
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Town of Groton ZBA Public Hearing/Meeting Minutes 29 April 2015
4. Will the request have adverse physical or environmental affects?
Finding: No.
5. Is the difficulty self-created?
Finding: No. The existing house is non-conforming as it is "grandfathered in," having been
constructed years ago before zoning. They are just improving what is there.
With no further discussion, a motion was made by Member Paul Fouts that taking into
consideration the five findings arrived at in the "balancing test," the Town of Groton Zoning
Board of Appeals has determined that the benefit to the applicant outweighs the detriment
to the neighborhood/community, and grants the area variance for side and rear setbacks less
than allowed, as requested. The motion was seconded by Member Patricia Gaines, with the
vote recorded as follows:
Ayes: Chairman Schiele Nays: None
Member Fouts
Member Gaines Absent: Member Cerretani
Member Darling
Motion carried.
This becomes Action #4 of 2015.
APPROVAL OF MINUTES - 28 JANUARY 2014
A motion was made by Member Gaines to approve the Minutes of the 28 January 2014 ZBA
organizational meeting, as submitted. The motion was seconded by Member Fouts, with the
vote recorded as follows:
Ayes: Chairman Schiele Nays: None
Member Fouts
Member Gaines Absent: Member Cerretani
Member Darling
Motion carried.
This becomes Action #5 of 2015.
ADJOURNMENT
At 7:45 p.m., a motion to adjourn the meeting was made by Member Fouts and seconded by
Member Gaines, with all Board members present voting in favor.
Jo E. Fitch, Board Secretary
Emailed to Town Supervisor, Clerks,
Town Attorney, CEO &ZBA Members on 5/6/15.
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