HomeMy WebLinkAbout2007-09-19 Postponed decision TOWN OF GROTON ZONING BOARD OF APPEALS
Minutes of Public Hearing/Meeting - Monday, 19 September 2007 - 7:30 PM
Groton Town Hall- 101 Conger Boulevard - Groton, NY
Board Members (*absent) Others Present
Lyle Raymond, Co-Chairman Joan Fitch, Recording Secretary
Steve Thane, Co-Chairman Gary Coats, Code Enforcement Officer
Patricia Gaines Town Attorney Victoria Monty
Carolann Darling
Vacancy
Applicants/Public Present
Michael Jones.
PUBLIC HEARING
Bernard W. Parry, Jr., Applicant/Reputed Owner- Smith Road -TM #25.-1-10.3
The Public Hearing was opened at 7:48 p.m. by Co-Chairman Steve Thane who read aloud the Notice
of Public Hearing as duly published in The Groton Independent on 7 September 2007. Proof of
Publication has been placed on file for the record. Co-Chairman Thane advised the Board members
that the required fee had not been paid by the applicant, nor was the applicant (who lives in Liverpool,
NY) present. Members of the ZBA in attendance were introduced by the Co-Chairman Thane. Co-
Chair Thane then stated that he had talked with the applicant over the phone a few minutes earlier,
and the applicant agreed to extend the 62-day limit on this case to 120 days. This he will confirm in
writing.
The Zoning Board of Appeals, on a motion by Member Lyle Raymond, seconded by Member Carolann
Darling, with all members present voting in favor, also agreed with this extension, and CEO Coats
agreed to so notify the appellant. Co-Chair Thane will survey all Board members and the secretary to
ascertain a new meeting date.
Co-Chairmen Raymond and Thane acknowledged that no oral or written communications had been
received regarding the application.
Co-Chairman Thane recognized Gary Coats, Town of Groton Code Enforcement Officer, who explained
that the subject parcel does not meet the acreage requirement for a lot. The property was acquired by
the owner through an inheritance, and the owner does not want the property and intends to sell it.
The lot does have ample road frontage. A variance is needed in order to ever build a home on it. CEO
Coats stated that he had contacted the Health Department to see if that size lot could have a septic
system; the response was yes, there are three ways this could be done, but it must be by a design
professional. Reportedly, Mr. Parry has a buyer for the parcel. CEO Coats advised that there was a
letter on file proving the lot was created in 1977.
Co-Chair Raymond then read aloud from the County Sanitary Code. Co-Chair Thane then asked for
public comment, which was received as follows:
Michael Jones - 384 Smith Road - Said he owned the surrounding property. He's had
his land surveyed. Stated he got in touch with Mr. Parry and offered him $2,500 plus
legal fees to buy the property. He said that Mr. Parry's realtor advised him that it was
on the market for $10,000. It's has a swampy area, but Mr. Jones could buy additional
acreage from him to make his lot the required acre.
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Town of Groton ZBA Public Hearing/Meeting Minutes 19 September 2007
With everyone being heard who wished to be heard, Co-Chairman Thane
closed the Public Hearing at 8:12 p.m.
DISCUSSION/DECISION
At 8:13 p.m., after conferring with Town Attorney Monty, it was decided to postpone any decision on
this case until the next meeting so the appellant could be present. Since the public hearing had
already been held, there was no need for a Legal Notice to be published in the paper; a notice of a
Decision Meeting could simply be put in the newspaper or posted on the door. This way there would
be no additional legal fees for the appellant to pay.
A motion was then made by Member Pat Gaines to postpone the variance decision until the
next scheduled meeting. The motion was seconded by Member Darling, with the vote recorded
as follows:
Ayes: Co-Chairman Raymond Nays: None
Co-Chairman Thane
Member Gaines
Member Darling
Motion carried
This becomes Action #5 of 2007.
ADJOURNMENT
At 8:15 p.m., on a motion by Member Darling, seconded by Member Gaines, and with all Board
members present voting in the affirmative, the meeting was adjourned.
Joan E. Fitch
Recording Secretary E-mailed to Town Clerk, Bd. Members, CEO&
Town Attorney on 10/16/07.
Originals&tape mailed.
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