HomeMy WebLinkAbout6-24--2015 front yard setback TOWN OF GROTON ZONING BOARD OF APPEALS
Public Hearing/Meeting Minutes - Wednesday, 24 June 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
David Doyle, Appellant; Eugenie Doyle; Town Supervisor Don Scheffler.
11 PUBLIC HEARING
David A. Doyle, Appellant/David A. & Eugenie G. Doyle, Reputed Owners - 55 Old Peruville
Road -TM #36.-1-32 - Garage Closer to Boundary Line than Allowed
The Public Hearing was opened at 7 p.m. by Chairman Ted Schiele who read aloud the Legal
Notice as duly published in the The Shopper on 17 June 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 21 ft. single-story garage at the location shown on the map (5 feet from road where 30 feet is
required setback), as shown on the sketch accompanying the application. Mr. Doyle explained that
there was no room to place it elsewhere because of the location of the septic system/leach field.
Also, the remaining land has a steep incline. The front porch of the home sets on the edge of the
road right-of-way, the same as most of the homes on that road. The appellant then showed the
Board the locations of everything on the parcel.
Board members were concerned with the owners having to back out onto the road; they stated that
they have never backed out onto the road. Member Carolann Darling asked the appellant if he had
considered changing the position of the garage to make it more parallel to the road so that it could
be used like a drive-thru/covered bridge? This was discussed, but no solution was obtained.
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 7:34 p.m.
APPROVAL OF MINUTES — 29 APRIL 2015
A motion was made by Member Paul Fouts to approve the Minutes of the 29 April 2015 ZBA
meeting, as submitted. The motion was seconded by Member Dan Cerretani, with the vote
recorded as follows:
Ayes: Chairman Schiele Nays: None
Member Fouts
Member Darling Absent: Member Gaines
Abstain: Member Cerretani
Motion carried.
This becomes Action #6 of 2015.
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Town of Groton ZBA Public Hearing/Meeting Minutes 24 June 2015
DISCUSSION/DECISION
David A. Doyle, Appellant/David A. & Eugenie G. Doyle, Reputed Owners - 55 Old Peruville
Road -TM #36.-1-32 - Garage Closer to Boundary Line than Allowed
Chairman Schiele opened the discussion/decision portion of the Zoning Board of Appeals meeting
at 7:37 p.m. CEO Coats advised that the SEQR Review was not required for this type of action,
and also that the report from the Tompkins County Department of Planning has not yet been
received and should be considered.
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. All agreed.
2. Can the benefit sought by the applicant be achieved by a feasible alternative to the variance?
Finding: No (Members Fouts, Schiele, Cerretani) as there was no other place to put the
proposed garage; Yes (Member Darling).
3. Is the request substantial?
Finding: Yes. All agreed.
4. Will the request have adverse physical or environmental affects?
Finding: No. All agreed.
5. Is the difficulty self-created?
Finding: No. All agreed.
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 a front yard setback less
than allowed, as requested, conditioned upon receiving a positive recommendation from the
Tompkins County Department of Planning. The motion was seconded by Member Cerretani,
with the vote recorded as follows:
Ayes: Chairman Schiele Nays: None
Member Fouts
Member Darling Absent: Member Gaines
Member Cerretani
Motion carried.
This becomes Action #7 of 2015.
ADJOURNMENT
At 8:08 p.m., a motion to adjourn the meeting was made by Member Fouts and seconded by
Member Cerretani, with all Board members present voting in favor.
r
Jo E. Fitch, Board Secretary
Emailed to Town Supervisor, Clerks,
Town Attorney, CEO &ZBA Members on 7/16/15.
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