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HomeMy WebLinkAbout1993-11-30 Road Frontage TOWN OF GROTON ZONING BOARD OF APPEALS Tuesday,, November 30,, 1993 ,, 7 : 30 P . M . PART I ( * Denotes Members Present ) BOARD MEMBERS PUBLIC PRESENT Lyle Raymond,; Chairperson * Mirl Smyers David Ofner * Orlando A . Houghtaling Mary Decker * Jim Cavanaugh Nial Smith * Colleen D . Pierson John Pachai George Senter Sr . Joseph Wilbur Robert Walpole John Pachai Linda Pachai Tim Pachai Roger Gleason LYLE RAYMOND, Chairperson ,, opened the Zoning Board of Appeals public hearing at 7 : 33 p . m . with the reading of the legal notice ( see Attachment A ) for the purpose of considering a variance application of John J . Pachai Jr . ,, 202 S . Main Street ,, Groton , New York, to Section 352 . 1a-2-Insufficient Road Frontage ,, Tax Parcel No . : 26-1-17 . 2 . L . RAYMOND : We have a packet of materials which relates to the sewage treatment and disposal required by New York State ( NYS ) Department of Health ,, which basically states there is no problem with on-site sewage . According to the excerpts from the Town of Groton Planning Board ( GPB ) and other material here ,, it appears that this lot has been through several vicissitudes already in terms of various plans from the applicant approached at different times . There are two plans for a subdivision—one was for a major subdivision and the other was for a rural subdivision , neither of which came to pass at that time for various reasons . Also in the minutes here ,, it references to the fact that there was an attempt to annex to the Village of Groton in relation to water ,, sewer , and electricity . This is a brief summary of the status of this lot ,, which apparently has a little bit of history . With that ,, I think what we should do is ask the applicant to start off by ' clarifying some questions that I have as well as the other Board members . This is a very complex situation with subdivisions , previous lots ,, etc . ,, sold off from this . It is my understanding that John Pachai is a ' remnant of a former farm originally where things were sold off gradually over the years . I visited the assessment office in Tompkins County and reviewed some records of some of the other lots and was able to determine the basic subdivision on Cedar Lane all came off from the farm that originally John ' s lot was part of in 1970 ,, which predates the zoning ordinance that we have here . Following that ,, there were other transactions that took place where I got lost in,, John ,, and I understood that when I had spoken with you earlier ,, you had abstracts ,, etc . ,, that could help explain some of the steps that transpired . We ,, as a Board,, have to,# in some way,, determine just what the status of this lot is that you ' re talking about . At the time I had spoken with you,, you were unable to provide me with a solid history on it but might be able to do that for us here tonight . ( Visual aids were provided at hearing for clarification purposes . ) Town - of - Groton - Zoning - Board of - Appeals ,, - Tuesday,, - November 30 ,, - 1993 ,, - 7 : 30 p . m . - - - Page - 2 At this time ,, Mr . Pachai came forward to the Board members ' table to review a sketch configuration of the " chipping away " of the primary frontage of the property . L . RAYMOND : Are we reviewing the only frontage that was on Elm Street ? J . PACHAI : These are the dates when the parcels were sold . On the southeast corners of Cedar Lane and Elm Street--that property doesn ' t seem to show up in my abstract as being transferred . . . . L . RAYMOND and JOHN PACHAI at this time went to easel to draw a sketch of intersections . J . CAVANAUGH : We bought from Mangles in 1978 . From Bruce Mack prior to that . It is 300 feet by 300 feet . L . RAYMOND : Do you know when it was purchased? J . CAVANAUGH : I am really not sure . R . WALPOLE : It was back in the ' 30s from Mack to Mangle . What about the rest of the land below Jim Cavanaugh ' s that transferred in the past eight to nine years? That was done in the Village . J . PACHAI : This section here is Smyers and Randolph . The 60-foot strip is what we would really like to use . . Re WALPOLE : That road frontage is in the Village . What affect does it have on the Town? J . PACHAI : According to GPB ,I the house is in the Town . The only thing the Village would be concerned with is a curb-cut permit . All I want to do is put a driveway in there where the Village ordinance really does not have any bearing on it . R . WALPOLE : Again, what affect does it have on the Town? L . RAYMOND : The Town requries 200-foot road frontage . R . WALPOLE : How come the Town attorney is not here tonight? If we have all these legalties? L . RAYMOND : I think we went over that already . Anyway,, lets get back . . R . WALPOLE : You have not answered my question—why isn ' t the Town attorney here tonight ? L . RAYMOND : I did not ask him . R . WALPOLE : Why not ? L . RAYMOND : The reason why I did not ask him was I felt we did not need him,, and as far as the Village ' s concern in this , I received a neutral response . What we are trying to resolve is ,to see . if this is a non-conforming lot . Since the house is to be buil ' in the Town,, then it ' s the Town ' s concern . This is very complex . Was the road frontage cut off for that lot less than 200 feet before 1972? If so,, it is grandfathered and no variance is required . Any lot in the Town before the zoning ordinance was passed is grandfathered ( re : road frontage ) . Town - of - Groton - Zoning - Board - of - Appeals ,, - Tuesday,, - November - 30 ,, - 1993 ,E 7 : 30 - p . m . - - - - Page 3 J . WILBUR : So what you ' re saying is that any right-of-way to a back lot that was created before 1972 can build or do anything in that lot? L . RAYMOND : Yes because it is a non-conforming lot . Let ' s get back to John ' s issues here where John is trying to illustrate to us what the history of this lot was and where the road frontage was sold off and whether it is non-confomring or not . We ,, as the Board ,i have to have that determined . If it is a non-conforming lot ,( then it takes care of the question . If not ,I we have another matter to deal with . Johns will you continue please? J . PACHAI : Sufficient road frontage was sold off on Elm Street prior to the enactment of the code as to disallow a legal lot where there is not 200 feet of frontage left after the sale of this parcel . L . RAYMOND : And you are saying with the information in your abstracts show that these other lots were clearly sold off before 1972 ? M . SMYERS : Randolph ' s and my lots were sold after 1972 which was part of that property . J . PACHAI : Right . All I am doing is addressing Lyle ' s question relative to the frontage on Elm Street . In other words , the removal of the original frontage . L . RAYMOND : Why doesn ' t it have adequate frontage? Was that reduced before the zoning ordinance was passed? G . SENTER : I have information in the folder where that lot he has was sold before 1973 . L . RAYMOND : I understand you have research on that , but the question is ,, I think,, the way that I understand it ,, is what other pieces were finagled . during that time . What was the road frontage on the main lot he has right now reduced below 200 feet before 1972 ? R . WALPOLE : I have a question concerning the line right above Mack Street ( east ) that was annexed to the Village . Where was that stipulation of the road frontage into the Village ? I mean,, that was the reason for Cedar Lane to be developed at that time . Where does the legalty stop as far as road frontage because the line below Jim Cavanaugh ' s used to be in the Township . The original corporate line is right at the top of the hill . It ' s Village property,I and I cannot see what affect it has at all on the Town . L . RAYMOND : That is a good question . You have raised some good points here . The question is does the 200-foot frontage apply? R . WALPOLE : In the Village ? L . RAYMOND : No,, for John ' s house . R . WALPOLE : I am still missing your point . Are you looking at it at the time it was annexed in the Town of Groton or annexed in the Village? L . RAYMOND .* Do you know when the Village annexed that ? R . WALPOLE .* After 1970,t 1972 . Town - of - Groton Zoning - Board o€ Appeals ,, Tuesday,, November- 30,E 1993 ,, - 7 : 30 p . m . - - - - - Page - 4 L . RAYMOND : So the original subdivision went in in 1970? Are you asking if it was annexed at that time ? R . WALPOLE : I do not know . Was there any research done ? L . RAYMOND : I did not do research on the annexation to the Village . I only did research of the lot . R . WALPOLE : That ' s my question--are you researching this when it was back in the Town? J . WILBUR : I always thought the old line on South Main,, you drew diagonal lines to those parameters that would be in the Village . How does this work? J . PACHAI : The last lot on Mack Street is actually severed by the Village line and continues across Smyers ' property . J . WILBUR : Well that disillusions what I always thought was Village lines vs . Town lines . R . WALPOLE : I am just trying to clarify in my own mind why this hearing is here and not in the Village . J . PACHAI : I can probably help in answering that question . I talked to the people from the Village--they did not know . I takled to the people from the Town--they were not sure . I talked with Albany . where they wrote a letter stating that if the home is to be built in the Town that it should be addressed in the Town . I withdrew the application I had applied for . ( Mr . Pachai agreed to provide a copy of this letter for file . ) J . CAVANAUGH : You essentially want a driveway . J . PACHAI : That ' s correct . R . WALPOLE : The 60-feet strip was designed for future development to be annexed out of the Village . J . PACHAI : The idea of building a Town road is somewhat ridiculous because they would have to plow over one-half of a mile into the Village and go back out again . L . RAYMOND : The original frontage on Elm Street was all sold off before 1972 except for this one lot . To get back to your comment ,, Bob,, why the attorney is not here is that we do not essentially have to take verbatim on what he says . He strictly attends for informational purposes only and has no voting in our decisionmaking . R . WALPOLE : I understand that . I just thought he should clear up some misunderstandings or provide clarifications . J . PACHAI : At the time of the code ,, there was not the 200-feet of road frontage originally . Town - of - Groton - Zoning - Board - of Appeals ,, Tuesday { November- - 30 ,, - 1993 ,E - 7 : 30 p . m . Page 5 D . OFNER : When was the last parcel sold? J . PACHAI : The last parcel sold on Elm Street? D . OFNER : Yes . R . WALPOLE : Wasn ' t that property incorporated in the Village? That it requires 200-feet road frontage in the Town . L . RAYMOND : It doesn ' t say if it ' s in the Town or not . R . WALPOLE : I would like to have a second opinion on that from our Town attorney . Are you dealing with Village law or Town law? J . PACHAI : I think I understand why Bob is asking this question . This entire tax parcel is in the Town . Any activity up here is in the Village and would , therefore , require Village involvement . L . RAYMOND : That is right . J . PACHAI : From what I have been told , it depends on where the house is to be built . In this case ,, the Town . L . RAYMOND : Does the Board members have questions for John? D . OFNER : I hear references of road frontage on Elm Street . Do you have frontage on Elm Street for that lot ? L . RAYMOND : David,, we are going back to 1972 to decide whether there was frontage then . D . OFNER : So there is no road frontage . L . RAYMOND : Anyone else? J . CAVANAUGH .& How would you get water and sewer lines? J . PACHAI : The sewer plans , deep-well tests from a ravine here ; septic is 200 feet away ; and electricity-wise probably came from here and go to here ( referring to sketch drawn on easel ) . J . CAVANAUGH : Will you receive NYSEG electric or Village? J . PACHAI : I am not sure yet . M . SMYERS : Ten-foot drainage easement--how far does it go? Does it go into the creek? Eventually it will drain across the driveway? J . PACHAI : The easement is not specific but I do know that it does not go into the creek . I have already talked with the Village about extending that so that it would flow into the creek . The easement clearly states that at the end of the ditch ,, the water will just run across the land . M . SMYERS : You are aware that Keith Randolph has problems? J . PACHAI : If the Village does not cut the drainage down,, I will . I have talked with the Village who said it could be done . Town of Groton Zoning Board of Appeals , Tuesday , November 30,E 1993 ,E 7 : 30 p . m . Page 6 L . RAYMOND : Are there any other questions? C . PIERSON : Is that the only access to that piece of property? J . PACHAI : End of Mack Street and Cedar Lane . M . DECKER : How much acreage do you have back where you want to build? J . PACHAI : 70 acres _ Referring to the sketch ,, there is a wedge in the Village here and here . R . WALPOLE : If the Town passes the flag lot 30 feet in reference to this 60-foot strip . . . . . . . . L . RAYMOND : It depends on how the Town defines flag lots when they pass it . We do not have any definition on flag lots right now . R . WALPOLE .* State of New York . does ;- L . RAYMOND ; Yes ,, that is right . I understand your point . 0 . HOUGHTALING : Will this require or have any environmental impact ? J . PACHAI : Since it ' s surfaced-round ,, I wouldn ' t think so . It is not considered a level of stream that requires the extra paperwork or delicacy here . It is not a protective stream . L . RAYMOND : The question brought before us tonight is insufficient road frontage . Are the Board members satisfied? R . WALPOLE : Concerning road frontage . You keep referencing back to Elm Street . What about Cedar Lane--where is the road frontage off Cedar Lane? L . RAYMOND : I was tracing his lot back to the original farm . R . WALPOLE : There was access in after 1972 with sufficient road frontage . We have 60 feet . Why do we keep referring back to Elm Street ONLY? L . RAYMOND : Johns did you know anything about this where there were unsold parcels that have not been sold off your land bordering on Cedar Lane after 1972? J . PACHAI : Yes--Randolph and Smyers . D . OFNER : What is the distance of that last lot ? M . SMYERS : 360 total ? ZBA members took time out to review and discuss footage . R . WALPOLE : Why do keep referring back to Elm Street? L . RAYMOND : I had already told you why _ John ,I would you like to briefly indicate what you propose as far as subdivisions? Town - of - Groton - Zoning Board of Appeals ,, Tuesday,; November 30 ,, 1993 ,, 7 : 30 p . m . Page - 7 J . PACHAI : To build a house . Anything else is going uphill . The left is the school area . Anything else , you are talking 1 ,, 300 feet of road . It is not cost-effective . The game plan in my mind was to approach the GPB to offer a step-by-step development on , either side of the 60-foot strip . In considering alternatives the most practical thing for us to do was.,appfiy for a permits get it denied#, and apply for a variance . What I find is ,, in the code , there is a permission in the code to allow variances for lots without frontage . Section 426 Subdivision 3 . If no frontage in the Towns then why can ' t we get a variance based on that? D . OFNER : You are quoting from a subdivision ordinance which we do not have any authority granting subdivisions . J . PACHAI : Section 426 deals with the granting of variances . Four types-- a used variance, an area variance , a variance where there is no frontage on a public road ,, and building of a site where there has been talk of public acquisition on the property . G . SENTER : Don ' t you have to meet certain criteria? J . PACHAI : Yes #+ you do . J . CAVANAUGH .& Would you have a dirt road? J . PACHAI : A gravel driveway that I will be maintaining . I am also looking at selling . M . SMYERS : You will be locked . J . PACHAI : I do not see that . M . SMYERS : You will need so much property to build a house . J . PACHAI : It will be roughly the same . M . SMYERS : How far back to the west? J . PACHAI : You mean here? ( Referring to sketch on easel . ) M . SMYERS : Do you have something drawn up where your house placement is ? J . PACHAI : Provided a drawing for review . L . RAYMOND : Does anyone else have any questions ? If not ,, I will close the hearing . Afterwards ,, anyone that wishes to stay is more than welcome to do so . D . OFNER : I have heard some comment about access through Cedar Lane . Is that portion in Cedar lane or a public road? M . DECKER : Ie is talking about the 60-foot . J . PACHAI : That was broken off from any future development . That abutts Cedar Lane . D . OFNER : Do you own it? J . PACHAI : Yes . Town Justices (607) 898-5273 rt Supervisor (607) 89 Arland L. Heffron Town of Groton Teresa M . Robinso Alton 1. Alexander Town Clerk (607) 898-5035 Code Enforcement Office (607) 898-4428 gal* 0���a+ Colleen D. Pierson George E. Senter, Sr. . 4 Alz:' o ` F -��4( D� Superintendent of Highways (607) 898-3110 ~ / ERECTED Leland E. Cornelius 1817 Councilmen SIE A. � �'�� Ellard L. Sovocool tS .............. COUINSy1 Gordon C . VanBenschoten � Donald E. Cummings Carl E . Haynes LEGAL NOT ICE TOWN OF GROTON PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Town of Groton , County of Tompkins , State of New York , will hold a public hearing at the Town Hall , 101 Conger Blvd . , Groton , New York , on Tuesday , November 30 , 1993 at 7 : 30 P . M . for the purpose of considering the Variance application of John J . Pachai , Jr . , 202 South Main Street , Groton , New York . A Variance to Section 352 . 1a . 2 — Insufficient Road Frontage — of the Town of Groton Land Use & Development Code is requested for property located in the Town of Groton , Parcel # 26 - 1 - 17 . 2 , and located adjacent to Village property in the vicinity of Cedar Lane and Mack St . All interested persons will be heard . Lyle Raymond , Chairman Zoning Board of Appeals Dated : November 12 , 1993 ATTACHMENT A P . 0 . Box 36 0 101 Conger Boulevard • Groton , NY 13073 - 0036 Town - of - Groton - Zoning - Board • of - Appeals ,, Tuesday,, November - 30 ,� 1993 ,E 7 : 30 - p : m : - . . . . Page - 8 M . SMYERS : John owns it and Keith Randolph and myself have easements . R . WALPOLE : Let me clarify that for you . Mr . Randolph bought the complete parcel with the makings of the 60-foot L . RAYMOND : At this time ,, we will close the hearing . ( Time : 8 : 43 p . m . ) I ,, PENNY L . BOGAFDUS ,, DO CERTIFY that in the matter of a public hearing held by the Zoning Board of Appeals for the Town of Grotons County of Tompkins ,, . and State of New York,( for a Variance Application by John J . Pachai Jr . ,, 202 South Main Street , Groton , 1 New York,, of property located in the Town of Groton , Parcel No . 26-l-17 . 2 ,, and located adjacent to Village property in the vicinity of Cedar Lane and Mack Streets to Section 352 . la . 2-Insufficient Road Frontage of the Town of Groton Land Use & Development Codes that the foregoing transcription is the minutes which I took from shorthand notes in addition to an audio tape on November 30s 1993 ,E is a true and accurate copy to the best of my ability . 13ENNY L . B US TOWN OF GROTON ZONING BOARD OF APPEALS Tuesday,, November 30 ,, 1993 ,, 7 : 30 P . M . PART II ( * Denotes Members Present ) BOARD MEMBERS PUBLIC PRESENT Lyle Raymond,, Chairperson * Mirl Smyers Mary Decker * Orlando A . Houghtaling David Ofner * Jim Cavanaugh Nial Smith Colleen D . Pierson John Pachai George Senter Sr . Joseph Wilbur Robert Walpole John Pachai Linda Pachai Tim Pachai Roger Gleason LYLE RAYMOND started decision meeting at 8 : 45 p . m . for the variance application of John J . Pachai Jr , 202 S . Main Street , Groton , New York, to Section 352 . la-2-Insufficient Road Frontage ,, Tax Parcel No . : 26-1-1 . 2 . M . DECKER : It was one parcel until 1987 , ZBA Members reveiwed at length parcel map . One strip is not a regular road but it is owned . L . RAYMOND : Terms of usage ,, he has 313 feet out of 313 feet . M . DECKER : I was looking at Section 429 of the Town of Groton Land Use & Development Code book . It was grandfathered . L . RAYMOND : Why isn ' t it? ZBA members again reviewed map . M . DECKER : We would be looking at Cedar and not Elm . L . RAYMOND : Robert Walpole has testified that the roads were sold off by 1972 and these lots after 1972 . L . RAYMOND : Nial ,, are you with us ? N . SMITH : That is in the Village right? M . DECKER : A jagged piece is . L . RAYMOND : Are we agreed that given the various pieces of information during the hearing and for the moment ignoring the Village line ,, that this is a non-conforming lot ( ? ) ZBA members were in agreement . FINDING NO . 1 : Found it as a non-conforming lot . L . RAYMOND * Town permit says you need 200 feet . If we are to give a variance ,, we will have to set conditions . Paper road was not officially adopted . They are not public easements but private easements . Town - of Groton Zoning - Board - of Appeals ,, Tuesday ,, November - 30 ,f 1993 ,E 7 : 30 - p . m . - . . Page - 2 N1 . DECKER : What if he had to build a public road for future development and would allow him road frontage . . First 60 feet has potential of a future road that always had to be treated . Below Smyers property here ,, have to continue it at least to the minimum of 200 foot of the house position ,, so the 200 foot behind Smyers property into John Pachai ' s property could always be accessed as a road or future development for one . L . RAYMOND : State of New York allows up to four houses on a non-public lot . Why don ' t we give the variance following with a condition pro- viding that it does not interfere with easement rights with Smyers property providing there is an official letter from the Village without objection . D . OFNER : I feel a little shaky about it . I would like to take a look at our ordinance ,, and are we setting a precedent? L . RAYMOND : David Ofner wants to review Page 14- frontage/public right-of-way . D . OFNER : Do we have a public right-of-way? It is my understanding that a public right-of-way is a municipal road . D . OFNER : I think that when it says public ,, it means open to everyone and not just a few . L . RAYMOND : What about State law .) D . OFNER : We have to look at the municipality ordinance . L . RAYMOND : What about the Village end of it? M . DECKER : We can make our restrictions . D . OFNER : If we are going to have any sort of back way, you are going to throw out any of these definitions out the window . The Town has the right-of-way . They do not own it . We are talking about 200-feet frontage . L . RAYMOND : We are requiring a 200-foot road frontage . D . OFNER : Where is the 200-feet frontage on? N . SMITH : What about Smyers? His whole frontage is on that easement which is in the Village . D . OFNER : That is not in our municipality . Why didn ' t we give Robert Walpole access to his place? N . SMITH : The frontage was entirely different . M . DECKER : It was only 25 feet . L . RAYMOND : He has got 60-foot right-of-way . Town of - Groton Zoning - Board of Appeals , Tuesday,, November 30 ,E 1993 ,E 7 : 30 p . m . - - Page 3 M . DECKER : I do not think we are going to throw that whole aspect out , . The State allows four properties on a lane . D . OFNER : What public body has this on their records? L . RAYMOND : The State . D . OFNER : Now,. wait a minute . I am talking about this piece of property with this so-called public road . L . RAYMOND : Oh ,, we ' re not . We are talking about making a so-called condition . M . DECKER : It would have to be put in the deed and be recorded . L . RAYMOND : It has to be indicated in the deed for future public access . D . OFNER : But he doesn ' t have public access now . L . RAYMOND : It means someone else has to get to his house otherwise than him . D . OFNER : A public right-of-way . L . RAYMOND : He puts that in the deed for future use as a public right-of-way,. then that would perhaps suffice . The question of it being in the Village can be looked at in more than one way . One,, it is out of our hands . The other ,, it ' s not because of gaining access to our part to the Town . M . DECKER : Read Section 114 . 07 . It will be allocated as a street line . D . OFNER : What have you thought all these years a street line meant? What is your definition . M . DECKER : Street line is public access . L . RAYMOND : We have been making suggestions all night , David,, on how to handle this . Why don ' t you tell us how this should be handled and let us criticize you . D . OFNER : I do not think he has any access . He has 60 feet to a public road . It ' s like we are denying what appears on paper . L . RAYMOND : What ideas do you have? D . OFNER : I just can ' t see where we can set conditions to approve it . That ' s all . L . RAYMOND : If we were to give a variance ,, we would have to set conditions . Do you agree with that? D . OFNER : Have a fully-developed road and give it to the Town . L . RAYMOND : As he testified during the hearing ,I it ' s too expensive . D . OFNER : That ' s not our problem . We are not here to bail someone out . Town of Groton Zoning Board of Appeals ,, Tuesday,+ November 30 , 1993 ,E 7 : 30 p . m . Page 4 ZBA members again reviewed map for frontage . D . OFNER : A street line and a public right-of-way does not seem to fall into what we are talking about . L . RAYMOND : OK ,, time is going on . Let ' s move forward . My suggestion is to have it handled differently . D . OFNER : Adequate for development? M . DECKER : Town vs . Village standards . L . RAYMOND : " Illegal " lots can be bought and sold as long as the owner does not want to build on it . M . DECKER : Each individual lot or case may get a variance depending on . the situation . L . RAYMOND : Do we want to make this a second FINDING? FINDING NO . 2 : In the case of lots that were created after the zoning ordinance was passed that do not meet the code requirements and the present owner was not the one who created the illegal lot in the first place that we are going to jude those cases individually case- by-case depending upon the situation . L . RAYMOND : We are going to handle this case with what has been brought before us and not according to what we have done with another lot necessarily . Given the situation,,, would we be on good grounds to grant a condition variance? The condition being the applicant would have to get approval of a subdivision that will show to the GPB ' s satisfaction that there is future accommodation for providing adequate road frontage as soon as another lot is sold . This will correspond with the GPB ' s minutes . We have testimony in . the hearing that this is prime develop- mental land because of its location . The applicant has attempted not once ,, but twice ,, to create subdivisions . FINDING NO . 3 : In the prsent applicant ' s situation , this is prime develop- mental land of concern to both the ' own and Village as well as the applicant . Therefore ,, the granting of a variance in this situation needs to recognize these facts . L . RAYMOND : Suppose we grant a variance with the condition that he goes back to the GPB and gets a rural subdivision approval . They were going to approve it except for the inadequate road frontage . Have this rural subdivision include future road frontage . This will be CONDITION N0 . 1 . Also ,, get request a letter from the Village with no objection ' in granting -"a variance. This will be CONDITION NO . 2 . L . RAYMOND : Let ' s go through the questions we hvae to go through--REQUIREMENTS FOR GRANTING A VARIANCE . 1 . It is substantial . The actual road frontage has different municipality . 2 . No adverse effect--only proposing one house . Town of Groton Zoning Board of Appeals ,, Tuesday,, November 30 ,, 1993 ,+ 7 : 30 p . m . Page 5 3 ® Proposed variance will not produce a substantial change . 4 . Applicant does not have any feasible method but to do a variance . 5 . No ( within the context of FINDING NO . 2 ) . 6 . Yes . N . SMITH : Made the motion to approve variance with the two conditions set forth . M . DECKER : Seconded the motion . INDIVIDUAL VOTING : L . RAYMOND : Yes M . DECKER : Yes N ® SMITH : Yes D . OFNER : Abstain The meeting closed at 9 : 55 p . m . Submitted by Penny Bogardus ® TOWN OF GROTON ZONING BOARD OF APPEALS Tuesday,, November 30 ,1 1993 ,1 7 : 30 P . M . NEW BUSINESS ( * Denotes Members Present ) Lyle Raymond, Chairperson Mary Decker John Pachai * Nial Smith * David Ofner * Meeting started at 10 : 00 p . m . L . RAYMOND : We have to set a date for a hearing for Roger Gleason . He has put an application a week ago for his subdivision where it was already approved . Later ,, come to find out ,, the schoolhouse lot did not have what they thought it did . He is , I believe ,. 10 feet short . So the GPB rescinded the approval and have to get a variance . So , Roger is appealing the Planning Board ' s decision and not something given from the Code Enforcement Officer . The meeting is tentatively set for Tuesday,, December 28 ,, 19931, at 7 : 30 p . m . Do you want to make any change on the draft memo to Teresa Robinson and GTB violations procedure be changed? D . OFNER : 1 . State-wide level . 2 . ZBA intent is to assist the grieved person . We are protecting the public and not the Code Enforcement Officer . J . PACHAI : When the Code Enforcement Officer finds a violation of the code , it is not the person who is in violation that is the grieved party but rather the Town . D . OFNER : Makes motion to submit draft as amended on violations to GIB . M . DECKER : Seconded the motion . INDIVIDUAL VOTING : L . RAYMOND : Yes M . DECKER : Yes N . SMITH : Yes J . PACHAI : Yes D . OFNER : Yes VOTE : ALL IN FAVOR ; MOTION CARRIED UNANIMOUSLY . L . RAYMOND : Lastly,, we need to take a vote and nominate a vice-.chairperson . Ballots were made and picked by each ZBA member . RESULTS : Mary Decker was nominated vice-chairperson but adamantly declined position . There- fore , John Pachai is now Vice-Chairperson of the Town of Groton Zoning Board of Appeals . Meeting ended at 10 : 20 p . m . Submitted by : Penny Bogardus Y PUBLIC SIGN- IN SHEET ® CTOWNVILLAGE ( Circle one ) ( Circle one ) Planning Board 36 DATE : I � 36 TIME : Town Board - ------ ------------- -- --- --- --= ------- ---- NAME ( please print and sign ) ADDRESS 1 ' C2Qko,f wave. 0, 7akj 2 . � u 3 . QA1v 4 . Id � 57 5 . 7 . ATT T Yk 6j n 8 . 2, o Z 5 . 9 . a, 100 110 ,-e r 120 130 140 15 . 160 17 . 180 190 20 . Comments :