HomeMy WebLinkAbout1994-04-19 TOWN OF GROTON
Ai ZONING BOARD OF APPEALS
BUSINESS MEETING
TUESDAY,+ APRIL 19 ,, 1994 ,E 7 : 30 P . M .
MEMBERS PRESENT PUBLIC PRESENT
( * Denotes Memebers Present )
Lyle Raymond , Chairperson * Fran Carsello,, Esq . ,� Town Attorney
Mary Decker
John Pachai
Daivd Ofner
Nial Smith
Lyle Raymond opened the meeting at 7 : 32 p . m .
L . RAYMOND : First item of business is that Nial Smith will be submitting his
resignation to Teresa Robinson . He has verbally informed me of
his decision to resign from the Board .
Second item of business is to approve all previous minutes . November 30
variance application of John Pachai ; December 30-Roger Gleason ' s hearing ;
and January 27-Roger Gleason ' s decision meeting .
M . DECKER : Made the motion to approve November 30 ,E 1993 ,, minutes of John Pachai ' s
variance application .
L . RAYMOND : Seconded the motion .
VOTE : ALL IN FAVOR : MOTION CARRIED UNANIMOUSLY WITH ONE ABSTENTION ( JOHN PACHAI ) .
M . DECKER : Made the motion to approve both the December 30 ,E 1993 , and January 27 ,l 1994,E
minutes regarding Roger Gleason ' s public hearing and decision .
D . OFNER : Seconded the motion .
VOTE : ALL IN FAVOR ; MOTION CARRIED UNANIMOUSLY WITH ONE ABSTENTION ( L . RAYMOND-PERSONAL-
CONFLICT OF INTEREST ) .
L . RAYMOND : Third item of business is Training Classes for Zoning Appeals Board
Members to be held at the Rose Inn in Lansing ,, NY,, Saturday morning ,,
May 7 ,, 19941, from 9 : 00 a . m . to 12 : 30 p . m .
( Material was distributed concerning the training syllabus . )
Fourth item of business are Sections 426 and 429 of the Land Use &
Development Code . For the records we are not going back to change
John Pachai ' s minutes . His case is being used for future examples .
The concern was a contradiction in terms .
F . CARSELLO : It ' s interesting you brought up the flag lot issue . If you look at
426 . 3,E it is very clear . It refers to 280-a which also spells it
out for you . The application between 426 and 429 is the language
being used in 429 . Section 267-B 3 of the Town Law . Various towns
were having the same problems as you . The Town Law has said you
shall consider ,, which gives the five-step criteria to follow . I
think a local law should be enacted to do away with 429 . ZBA
should be granting variances and not changing zoning ordinances .
At this point ,, the Town has frowned against flag lots and I do
not think it should be a smart move to challenge the ordinance .
Once the plan is in place ,( the question of flag lots will be
addressed . You will be told in a proper manner what is expected
Town of Groton Zoning Board of Appeals Business Meeting , Tuesday,, April 19 ®{ 1994,E 7 : 30 P . M . 2
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of you . ZBA has been used as a conduit for this whole situation .
You individuals are struggling to use different structures of . the
ordinances to fill in the gap . Variance is to deviate from Town
ordinances . You need to know if the Groton Town Board is for or
against having flag lots and once this decision is made ,( you can
then act accordingly .
L . RAYMOND : We agreed to follow the Master Plan and simplify the Groton Land Use
& Development Code as well as delete some things .
Fifth item of business is the Land Use & Development Code . We need
suggestions or feedback . For example .
Section 116 . 10 could be revised and add a travel trailer definition .
Revise 116 . 10-Mobile Home Definition : wording relating to a permanent
foundation .
Add a definition concerning Recreational Vehicles . Something about
it is licensed for over-the-road travel . Have it excluding its
use as permanent living quarters . The committee should also look at
the RV issue that it is separate from the lot wherever it is located .
Maybe a special permit .
Section 116 . 09-Detached Room . Change definition to read Accessory
Living Unit . Wording should be stating how many of these units
should be placed on one lot . Renew permit if three to five years .
Make sure it ha a common water source . The waste disposal system
leave as is . We suggest limiting the floor space of the accessory
unit in relation to the primary unit ( 30 feet ) ?
Sixth item of business is Section 307-Illegal Lots . Questions were
raised concerning enforceability .
Seventh item of business is signs : Section 319 . Alterations were
discussed .
Eighth item of business is use State guidelines instead of Town
guidelines .
J . PACHAI : Ninth item of business is incorporate New York State Law on appeals .
When we make the change in the appeals , we should add to our [ law ]
that the Groton Planning Board be required to notify the subdivider
that they have the right to appeal for denial in writing . Refer
to Section 277 . 6 of the Town Law ( see attachment ) .
L . RAYMOND : Tenth item of business is to have annual training required for
ZBA members to attend .
Eleventh item of business is get rid of violation section in our
Town law .
J . PACHAI : Made motion to close the meeting .
D . OFNER : Seconded the motion .
VOTE : ALL IN FAVOR ; MOTION CARRIED UNANIMOUSLY .
Meeting ended at 9 : 40 p . m .
Submitted by Penny Bogardus