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HomeMy WebLinkAbout1992-09-03 TOWN OF GROTON ZONING BOARD OF APPEALS 101 Conger Blvd . Groton , N . Y . 130731 Thursday , September 3 , 1992 PUBLIC HEARING to discuss applications for Variance Requests from Richard DeMartino , 46 Ogden Road , Groton , N . Y . and Ronald Quarella , 572 Pleasant Valley Road , Groton , N . Y . BOARD PUBLIC PRESENT * Lyle Raymond , Chairman Carolyn Stevel. y , 43 * Mary Decker Ogden Rd , Groton * John Pachai Richard DeMartino , David Ofner 46 Ogden Rd , Groton Nial Smith Ronald Peck , 8 Eden ( * present ,) Drive LYLE RAYMOND opened the hearing at 8 * 35 P . M . with the reading of the Legal Notice . RAYMONDo We have here an application for a Variance Request from Richard DeMartino , Section 322 , Article 3 Groton Land Use Regulation . The purpose of the request is to convert a garage to a studio apartment . Justification of the request is hardship with one person to live in it : a widowed mother - in - law . We have a permit application here to make the conversion , dated 8 / 12 / 92 which was denied b the Zoning Enforcement Officer because of it being a Non - conforming lot , less than one acre , less than 200 fte of road coverage . The permit fee of $ 10 . 00 was received . We have maps here showing the plan for where the garage is located and where the lot is located on the tax map and we have a record here indicating that all of the surrounding property owners were duly notified as required by the Code . That seems to be the extent of the file that we have here on the DeMartino case for official record keeping purposes . George , do you , as Zoning %13 / 92 ZBA Page 2 RAYMONDs ( cone ' d ) Officer , have any comment on this ? SENTER9 Only thing I have to say is , any ', time you have a pre - existing lot of record , you have a problem in that particular section of changing the usage . That ' s what Mr . DeMartino plans on doing . RAYMOPdD : So , Mr . DaMartino , do you wish to add anything further to the information we already have ? It is indicated that you want to convert the garage . We have all visited the lot previously , so we have an' idea on what it looks like . You want to convert that to a studio apartment ? DEMARTINO s , • Right . It wasn ' t our intention t ''o change the status of the land to a two - family . If we 'ever sold it some time in the future , we would convert It back into a garage again . This is for my mother - in - law . We are Missionarie at Paraguay Assemblies of God . So , we wouldn ' t be living there all the time and she would he more or less the caretaker that would stay there . She lives on a small pension , so she can only afford . . . she can ' t afford that much really . She was living in Ithaca . We ])ought the house together and basically for her too so that she could have a place to stay . We come home every four year so that we have a place to stay so that we don ' t have to keep on renting . We don ' t really intend to change any records in the County or anything , It would consist of a bedroom and a little living room area and a kitchenette and the toilet . I guess we need a permit for the sewage and to run electricity and that kind of thing . 9 ,/ 3 / 92 ZBA Rage 3 RAYMOND * Yes , that ' s the Uniform Fire Code . , DEMARTT NO : So that ' s why I came for the permit . SEPJTER : Are you saying that you want to Miring this garage up to Code which is going to be expensive ? Are you going to convert it back into a garage ? DEMART I PJ0 : She got some money from the land ,', that she sold , so she has some money ; maybe $ 10 , 000 . 00 , to invest in it . It is something that she wanted to do so that she would have her own little _ apartment and she wouldn ' t have to feel like she was intruding . We don ' t have any intentions of selling it unless someday we have to . RAYMOPJD : What George is pointing out is , although we are not in charge of that part of it , is that there are requirements for a living quarters to bring it up to Fire Code . DEMART I PJO : I don ' t know everything that is involved . I think that if it would come up to some outragaous , � amount , she wouldn ' t be able to afford it . We would just close it in and make it a space for storage or garage again . RAYMOND : Is there -.oixrr,1e.fttJ/y, c) Ik a water or sewage system in the garage ? DEMARTINO : PJo . RAYMOND : Flow do you intend to do that ? DEMART I PJO : They have the one with the house , or to the house ; they can just hook it up to that . RAYMOND : You are just going to put an extension from the septic system that the house has and the same for the well ? %13 / 92 ZBA Page 4 DEMARTI o : Yes , for the toilet and to make running water for the kitchen . That is basically the only plumbing . The electric is already in there . She could probably use electric heating or natural. gas . I don ' t think she has _ decided yet . We haven ' t either until after we get the permit approved or not . RAYMOND : Yes . As George pointed out earlier , as indicated here , your lot is non - conforming in the sense that it doesn ' t meet 200 ft . frontage for apartments in the Town . How - ever , there is also information that was submitted in your application of having a deed that indicates that this is part of a subdivision that had been created before the Town Zoning Ordinance was passed in 1972 . That deed was created back in the 1960 ' s . If you read your deed , you will see this information in the first part . So , that means , as far as we are concerned , that the lot is Grandfathered . This means that whether it meets 200 ft . road frontage or not doesn ' t matter . It was there when the Zoning Ordinance was passed . The second thing is that it is also shown to be part of a subdivision that was approved at that time ( 19601s ) . A subdivision may have lots of different size than what is required for single lots elsewhere in Town . So , the lack of 200 ft . frontage is immaterial . If it is Grandfathered , it is there and that ' . it . The main thing that we are concerned with , therefore , is simply the conversion of your garage into a living quarters . 9 ,/ 3 ,/ 9 2 ZBA Page 5 RAYMOPID : We don ' t need to know � the details on how you want to convert that , actually , because that comes under the Fire and Building Code . DEMARTINO : There would be two doors . The kitchen door would go out the back onto a deck that she would make because there is room there . It wouldn ' t matter any way because our cousins live in back of us . RAYMOND : Do you have any questions John , Mary ? PACHAI : Pdo ; relative to the Variance , no I would just be con - cerned for him if we grant the Variance . I would be concerned about what the Health Department might require of you as far as changes in yourl' septic system . I might want to warn you about that . There are new regulations they have that that came into being last December . You might run into either a heavy financial burden or impossible situation as far as they are concerned . DEMARTINO I guess that is something . . . . a snag you run into as you go along . If it was that much , then she would understand that she couldn ' t afford to do it . SEPdTER0 Is the home a three bedroom now ? DEMAR'P I Pdo Yes , it is . SEPITER6 So , you are adding another bedroom ? The septic system was probably designed for three Bedrooms . DECKER : First step I would take or look into is probably going to be the most expensive regulation . DLMART I Pdo : In connecting the sewage . 9 / 3 / 92 ZBA Page 6 DECKER : Yes . As George has mentioned , they have upgraded the septic systems needs - in the past year and a half . By doing so , you are adding a fourth bedroom to the three bedroom , e_ se to speak , septic system . I would start there . It is out of our jurisdiction . SEPJTER : Another problem is he doesn ' t have any other place to put a septic system . I don ' t know where you would move it to . The Health Department requirement is a 150 ft . circle . RAYMOPJD : Building permits that are applied for under the Groton Code are conditioned on approval by the Health Depart - ment on , sewer and water . So , we .just let them handle it . DEMART I PJO : Do you have any idea on what something like that would cost ? RAYMOPJD : It depends on the situation ; like how big a system you got in there now . SEPJTER : You could upgrade your system . You could call Steven Fiearns of the Department of Environmental Health . RAYMOND : We have a neighbor here , would you please state your name and address for the record ? STEVELYg My name is Carolyn Stevely . I live on 43 Ogden Road , Groton . My only concern is ; I have no objection to what he is doing , my concern is the fact of what happens to the property if and when it gets sold ? I am concerne with having somebody buy and make rentals out of it . DEMART I PJO : No . We have already been asked by the Town if we were going to change it to a two family because the footage %13 / 92 ZBA Page 7 DEMART I P10 : IS more . If we did sell it , we could always dismantle it or something . STEVELY : Is the some protection in the Zoning against it ? RAYMOPID : The protection would be that if you are going to have two dwelling units , on that lot , " then they would not be allowed to do that . STEVELY : Within a subdivision ? RAYMOND : Right . As long as it is a one dwelling unit , then you are OK . If you put two dwelling units in , then you have two separate families in there . ' It would be the same asroubdividi. ng a lot . That would have to be approved and r the Town Code . PECK : My name is Ronald Peck . I live on 8 Eden Drive , Groton . RAYMOND : Did you understand what Mr . DeMartino was planning on doing ? PECK : P10 . I had no idea . That is why I am here . All it says in the letter is Under Section 322 , lot does not meet minimum frontage area requirements in the Town of Groton . It says he is applying for a Variance , it doesn ' t; say what for . RAYMOND : Ok . Let me give you a very quick resume and then let Mr . DeMartino fill in the blanks . The lot , as the Zoning Officer George Senter , was referring to , does not have 200 ft . frontage which is required for a single lot in the Town . However , information thatahas been given to us indicates . that , # 1 ) the subdivision that you are in was . created before the . Town Zoning Ordinance was: passed. ,, and # 2 ) therefore it - is Gr. andfathered , meaning the current frontage requirements under the Code do not apply . 9j/ 3 / 92 ZBA Page 8 RAYMOND : Therefore , whether it has 200 ftl frontage or not is immaterial as far as we are concerned . The second reason it is immaterial , is because it is part of a subdivision plot that was laid out and approved at that time ( 1960 ' s ) . .. Even now , we , - can , set up .k a subdivision - a-n Ir 1. if the Planning Board approves it , they can have lot sizes different than they are for single ones outside of a sub division : • So , � for both of thoseireasons , " the lack of 200 ft .' frontage is immaterial . The ' main thing that we were I concerned with here tonight � is the request -that he put __ in: to convert - his existing garage into some living . quarters for his mother - in - law . Mr . DeMartino , do you want to ad anything to this ? Maybe something that your neighbor might want to know ? DEMARTINO : Just a studio apartment so she might be able to live there , and pay her own utilities . Just a place to stay while we were not there , in our absence so we wouldn ' t have to rent the house out to somebody that wouldn ' t take care of it . RAYMOPID : So , you are not proposing to enlarge the garage or the structure whatsoever , or to add another story to it or anything like that ? You are just going to use it as it is on the outside ? DEMARTINO : Right . There will be a back entrance and a picture window . PECK : What are you going to do for sewage ? DEMART I NO : We will try to get it hooked up to what we already have . STEVELY : You say your approval would be based on if it would pass 9,t3 ✓ 92 ZBA Page 9 STEVELY : the Health Code ? RAYMOND : Yes . All permits in the Town are contingent on approval by the Health Department of Water and Sewer . I think , unless we have any further questions on the hearing , we may as well adjourn the hearing ; unless you folks have any further comments . PECK : I was just wondering . If it had said in the letter , it would have been all set . RAYMOND : That is why the Notice goes to all property owners in the area . In that case , since there is no more substantial or factual information to provide , I will adjourn the hearing . Time is 8 : 40 P . M . What we will. do , for your ' information , is that we will. reconvene later to decide how we want to - haridle this . case and what we will: do . You' are welcome to stay- but in this ease , it is ' no longer public input . ( Hearing adjourned at 8 * 40 P . M . ; Reconvene at 8 : 42 P . M . to make decision on DeMartino case ) . One thing that we have to understand is that we have to follow new riales that the State has laid down for us . The State Legislation passed this new law effective July 1 . It sets forth what we have to determine in terms of the Use Variances and Area Variances . That is the first thing that I would like to statedfor the record . The second thing that I want to raise here is how we are going to deal with this in: relation` to Section 116 . 09 of the Code , that says , " A detached room. . A room. which is functionally part _of a dwelling unit or . a group quarters , but is physically separate from it on the same lot . " 9 ,/ 3 / 92 ZBA Page 10 RAYMOND : As you know , we used that for the first time ever in the Town of Groton , in a recent case on Davis Road . This seems very similar to that case . I don ' t see why Section 116 . 09 wouldn ' t apply . It says , " Detached room . Functionally part of a dwelling unit , but physi - cally separate on the same lot . " It also says that there can be " one or more detached rooms " ' , in a separate structure from the remainder of the dwelling unit . SEPJTER : So , functionally a part of that would be whether the Health Department approved this going into four bedrooms . RAYMOND : We ' ve got two things here , we got 1 ) A Use Variance and 2 ) we have already dispensed , , witli the idea of whether they had adequate frontage or not . So , it is mainly the change in use , whether they change the garage into a dwelling unit . If we read 116 . 09 , we could consider that as part of the whole dwelling unit on a lot . SEPJTER : The functional part is what I am talking about . RAYMOND : " Functionally part of a dwelling unit " simply says that it would be considered exactly the same as if it was attached to the house . SENTER : Functionally dependent on the house ; with the same septic system and water . RAYMOND : That ' s right . We have already determined that lie is planning on putting it on the same septic and water . It would seem to me that the conversion would qualify 9 / 3 ,/ 92 ZBA Page 11 RAYMOND : as a detached room under the Code : The question I guess that I have , is if it says , " functionally part of a dwelling unit , " whether it shoul. d " be treated the same way as if the garage was attached 'Ito the house . PACFiAI : So , there is not necessarily a need for a Variance ? RAYMOND : George , supposIe that that garage ' is a part of a ranch house ? It was all attached to the house . They decided they wanted to convert part of that garage li into a bedroom or some living quarters . How would you deal with that George ? SEPJTER : It would have to meet various sizes and such as called for in the Code . Your interpretation ), of functionally and my interpretation are different . I can stand correct ad . If it meets Sub - Chapter B in the New York State Building Code ; it has been done before . DECKER : No Use Variance is needed . SEPJTER : Depending on the lot . If I were in his position . . . . . . PACFiAI : Is it- functionally dependent when;i you consider , would it have its own kitchen and bath , even if the septic is shared because there are .alot of 'apartment houses that have a single septic but sev'eral. " dwell. ing units within them . SEPJTER : It is a non - conforming pre - existing lot of record . You cannot change it without a Variance . RAYMOPJD : _If it was 'part of the house , . .you would not need to coo that . Under the Code , if we consider that it is-: �a detached room , it is functionally -part of anal - flunctionall. y dependent on the main dwelling . SEPJTER : I would relate that to the septic ' as being functionally dependent . 9f3f92 ZBA Page 12 DECKER : It will be functionally dependent RAYMOND : We are back to the business about how you define this detached room . I did some research of my own . I got this from a woman named Patricia Pollock from Cornell . She sent me some material . I also talked with a fellow down in Albany . From both of those sources , it seems that the term , " detached rooms " , was quite prevalent hack in 1.972 . It . originated in places like Westchester Co.unty and the Southeastern "part "of the State .; on the rich estates down there where they had servants quarters . They want Ed to have separate quarters for the servants . So , they solved it by coming up with this thing called detached rooms ; that ' s how they are zoned . Then other places began to pick up on it . The idea spread around that you Could have these rooms that are functionally part of the dwelling unit and essentially all. part of the same complex . That was the origin of the detached room . The servants quarters probably had a separate kitchen and the whole works . So , if we use that as the origin of the detached room and from my research , then the fact that this garage might have a separate kitchen or whatever , to answer John ' s question , probably doesnIft matter . SENTER : Does that mean it, does not have to have a kitchen in that garage , he has to have a separate system ? RAYMOPdD : It doesn ' t tell us , it just says rooms . It says detached rooms . It says part of the dwelling unit . So , that means that detached rooms • are used as something related to human occupants . " " 9 ,/ 3 / 92 ZBA Page 13 SEPd'PER : What are you getting at ? RAYMOND .* What I was getting at is that John was raising a point on whether we should consider whether it had a separate kitchen and what not , and that related to your question in terms of 'functional ." Also as, to whether that was something we should apply under Section 116 . 09 . All I am doing is trying to say that we need to examine every facet of this thing . SEPdTER : I think this sort of detached room or whatever they call it ; mother - in - law apartment as such , is going to be more prevalent . I think it is a great idea . It is great for people to use who needs it . Our Town Land Use Regulation should reflect that , should want it . RAYMOND * The question I am raising here is a fundamental one . Do we really need a Use Variance ? Is it treated the same as if it was attached to the house ? SENTER : I think this is for the Planning Board to decide or change . RAYMOND : Right . If you read our Ordinance , the Zoning Board of Appeals has the option of deciding . We have the option of : interpretting to the best of our knowledge if we can demonstrate that it is what the Zone was set up for . PACfiAI : Right now , we have to work within the way it has been , not what they will change or should they change it . RAYMOND : If they change it , which I suspect they are going to , I think they are going to expand it and ask for Some conditions . They will give you gpidance , toyouu . Oeorge , •. , , and to us too . -: I have changed my mind in since the Land: Use Variance we granted • in the first " detached rooms " ease we decided upon . I don ' t think we really needed to grant 9 ,/ 3 ,/ 9 2 ZBA Page 14 RAYMOND : a Use Variance . If we make that interpretation , _that --will guide the Zoning Officer for certain cases • like this unless there is a problem as to whether it really falls into detached room or not . SEPJTER0 I have no problem with that . RAYMOND : Mary , John , what do you think ? Do you have any thought on that ? PACHAI : I agree . DECKER : I agree . RAYMOND : So , what we need to do is , if we are going to go in that direction , we need to come tap with some findings here as to why we think the Variance is not needed . Plumber 1 : The proposed conversion of the garage qualifies as a detached room under Section 116 . 09 in the Groton Code . Plumber 2 : A detached room , as defined in the Groton Code . I s part of the dwelling unit although physically separate from it . Plumber 3 : In the opinion of the Board , that such a conversion should be considered the same as converting an attached garage , as far as residential use is concerned . Plumber 4c The Board finds that the lot in question pre - dates the Groton Land Use Code , both on terms of the creation of a lot and also in terms of the creation of a subdivision of which that lot is a part. Based on those findings there are two decisions . The first decision is that the lot is Grandfathered and the second decision is that the footage requirement doesn ' t apply because of the first decision . It was waived . I propose % a motion that we decide the lot is Grandfather d and the 200 ft . road frontage requirement does not apply , 9 ,/ 3 / 92 ZBA Page 15 JOHN PACHAI made the motion to pass the Boards decision on the lot being Grandfathered . MARY DECKER second it . ALL IN FAVORS/MOTION PASSED RAYMOND : The next decision here is that since the Boards interpre - tation of the proposed conversion falls under Section 116 . 09 then no Use Variance for conversion of this structure for residential purposes is needed . MARY DECKER made the motion to pass that No Variance was needed . JOHN PACHAI second the motion . ALL IN FAVOR/MOTION PASSED ( Meeting adjourned at 9 : 10 P . M . Convene at 9 : 15 P . M . to start hearing on Robert Quarella ) LYLE RAYMOND read the public notice on the Robert Quarella request for a Variance . RAYMOPJD : We have an application for a Variance dated 6 / 22 / 92 . Mr . Quarella asked for a Variance for Section 319 . 2 of the Groton Land Use Regulations relating to the location of his sign which is now 24 ft . 3 in . from the center line of the County Highway which places it in the County right - of - way . The purpose of the request is to keep the sign where it is because if moved back any further , no one would be able to see it . According to Section 410 . 4 , it says , " within 30 days upon completion of investigation of a complaint . " SENTER : That County thing is part of the investigation . The County authorities have been contacted , they are not concerned and will defer to the Town on this . ( Hearing closed at 9 : 17 P . M . Meeting to decide Robert Quarella case opened at 9 : 18 P . M . ) RAYMOND * RAYMOND .* Mary , John , I know you both looked at the sign for Mr . Quarella and I did . I don ' t have much to add to what he has told us . It is pretty straight forward . In my opinion , the sign is not overly large . It seems to be something that is there . We have the State rules we have 9 / 3 / 92 ZBA Page 16 RAYMOND : follow . This is an area Variance for dimension . The . State rules tell us under the new rules , we must make five determinations on this . Plumber 1 : Will it make an undesirable change to the character of the neighborhood ? I I propose that we find that we don ' t see where this will change the desirable character of the neighborhood . Plumber 2 : Whether the benefits sought by the applicant can be achieved by some feasible method other than the Variance . SENTER : Unless he moves the sign back . RAYMOPdD : So , it is physically feasible . However , I propose that the Board of Zoning Appeals finds that the current set - back requirement under the Groton Code on Signs is an unfeasible requirement in this case because this would defeat the purpose of the sign given the vegetation and the structure of the lot . Plumber 3 : We ' ve got to decide whether the requested Variance is substantial . It is ten fee from the Highway right - of - way in the Groton Code . We find that the requested Variance is at a substantial variation from the present Groton Code but is necessary in terms of our previous findings . Plumber 4 : Does this have an adverse effect on the physical or environmental impact of the neighborhood ? I propose we find that it will not have any adverse effects on the physical or environ - mental impacts in the neighborhood . Plumber 5 : The State wants us to determine whether the difficulty is self - created . PACHAI : I am not sure this is relevant in this situation. . RAYMOPlD : In other words , did he create the situation ? Did he or would he have to put the sign there ? y / . / -�j / ZBA Page . 17 DECKER : That is what I would read it as . Natural. Vegetation , not self - created . RAYMOND : We make a finding that the length difficulty was not self - created . Do we want to decide if lie gets the Variance ? I propose that the Board of Zoning Appeals grants the Variance for the placement of a sign as submitted by Mr . Quarel. l. a , based on the findings . PACHAI : Why are we acting on. a Variance when there hasn ' t even been a permit denied ? SENTER : There was an application . It was approved . lie put the sign in the wrong place . So , that is a violation . The application did include the sign. but the sign was put in the wrong area . MARY DECKER motioned to grant the Variance on the condi - tion that the County does not object . JOHN PACHAI second the motion . ALL IPd FAVOR /MOTION PASSE MARY DECKER motioned to close the meeting . JOHN PACHAI second the motion. . Meeting closed at 9 : 26 P . M . ALI, IPd FAVOR /MOTION PASSED I , SANDRA D . DILLON , DO CERTIFY that at the Public Hearing on the matter of Variance applications for Ronald Quarel. la and Richard DeMartino , on September 3 , 1992 , did take the minutes of said hearing and the foregoing is a true and accurate copy of said hearing , to the best of my ability . Sandra Dillon