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HomeMy WebLinkAbout2008-06-23 back yard setback TOWN OF GROTON ZONING BOARD OF APPEALS MINUTES OF PUBLIC HEARING/MEETING MONDAY, JUNE 23, 2008 AT 7:00 PM THE TOWN HALL, 101 CONGER BOULEVARD, GROTON, NY Those Present: Steve Thane, Chair Patricia Gaines, Board Member Carolann Darling, Board Member Paul Fouts, Board Member Those Absent: Lyle Raymond, Vice-Chair Also Present.' Deborah Lane, Deputy Town Clerk Glenn Morey, Town Supervisor Gary Coats, Code/Fire Enforcement Officer Laura Fouts Public Hearing Robert Fouts, Applicant Owner — 1393 Rte. 222 — TM #28.-1-35 — Front Yard Setback Less Than Allowed Chair Steve Thane opened the Public Hearing at 7:10 PM. Mr. Thane read the public notice as it appeared in the Town's legal paper, the Groton Independent, on June 18, 2008. Proof of Publication has been placed on file for the record. Members of the ZBA in attendance were introduced by Chair Thane. Chair Thane acknowledged that all the fees had been paid. Mr. Thane also acknowledged that letters were sent to the Town of Cortlandville, State Department of Transportation, and one to the Tompkins County Planning Department. Mr. Thane acknowledged receiving two replies back: one from Tom Williams, Code Officer of the Town of Cortlandville, with no negative comment; a phone call from Mr. Birchenough, State Department of Transportation with no negative comment. No reply was received from the Tompkins County Planning Department at this time. Chair Thane recognized Gary Coats, Code/Fire Enforcement Officer, Town of Groton, who stated Mr. Fouts came in a month or so ago and stated CAFO was requiring him to do something. Mr. Coats stopped in at Mr. Fouts' Farm and Mr. Fouts showed what he wanted to do at the western end of his barn where the opening faces the road by tearing down an adjacent building and adding on a new one which would end at the opening facing the road. Mr. Birchenough, State DOT told Mr. Coats that they had no comment on the proposal because Mr. Fouts met the requirement for their set back. Mr. Fouts' proposal does not meet The Town of Groton's set back requirement by 6 feet. The required 55 feet is being asked to be reduced to 49 Zoning Board of Appeals/Minutes June 23, 2008 feet as was granted last year at the other end of the barn. Chair Thane asked if they were outside the 46 foot DOT requirement. Mr. Coats stated well outside of that, Mr. Fouts would be at 48-49 feet. Chair Thane asked Paul Fouts to state for the record that he was recusing himself from the ZBA for this meeting because he was representing a family member. Mr. Fouts stated he was acting as the presenter and not as part of the ZBA. Mr. Fouts stated Carolann Darling, Board Member, went to the Fouts Farm to look at things and he wanted to clarify some things that were discussed, the first being what the intent of what CAFO is. CAFO, per Mr. Fouts, means Concentrated Animal Feeding Operation. It is anybody who has animals essentially. They are being regulated by the DEC which is being mandated by the EPA. The intent is to keep the nutrients out of the ground and surface water. They are not saying they can or can't continue their current practices they are doing; they just can't pollute the water. What brought his situation about was an incident last fall when the cows broke into one of their three water fountains in the middle of the night. When they got there in the morning the barn was flooded. The water ran to a lower level of the barn. They ended up having to push it out in the field. It was their only choice, but it was not a CAFO approved way of solving the problem. Mr. Fouts stated that their deadline for CAFO compliance will be this December. If it happened again he would have to report it to the DEC and explain how he was to make sure that it would never happen again. That is why Mr. Fouts is at this meeting, to solve this problem by putting a tank in and be able to pump it out to the spreader. This would make it more efficient also for cleaning the barns out. Mr. Fouts wants to put a structure over it to keep it from public view and to keep the weather out. They don't want to compromise the main barns foundation, and the tank also needs to be a certain depth and width. That is how he came up with the dimensions and position of the addition. One of the buildings is in the way so it will be moved or demolished. Chair Thane asked if it would be water-tight and made of concrete. Mr. Fouts said he would be having a professional engineer helping him design it, and yes, it would be water tight. Mr. Fouts wants to enclose it for safety reasons and keep it out of public view. Chair Thane was concerned with the position of the pump. Mr. Fouts explained where it would be and how it would work to Mr. Thane's satisfaction. Board Member Patricia Gaines inquired on how often it would need to be emptied. Mr. Fouts explained a week or less and explained how it would work. Mr. Fouts explained that, in the near future, he felt the DEC would be making them come up with a way to store the manure for the winter. Chairman Thane asked if the Board of Health had anything to do with this and Mr. Fouts said no, it fell under Ag and Markets. Mr. Fouts wanted to state for the record that his father was the owner of the property but that he, Paul, was in charge of the projects for his father. With everyone heard who wanted to be heard, Chair Thane closed the Public Hearing at 7:30 PM. Discussion I Decision At 7:30 PM, Chair Thane proceeded with the five required questions (balancing test), with the responses being given by the ZBA members, after a brief discussion of each, as follows: 1. Can the benefit be achieved by other means feasible to the applicant not requiring a variance? Page 2 of 3 Zoning Board of Appeals/Minutes June 23, 2008 Finding: As explained by Paul Fouts, the lowest part of the stall area is in that corner of the barn. In case of excess water (broken water line, outside water running in, etc.) slurry runs to that part of the barn. A collection pit would be most effective in this area. 2. Will it cause an undesirable change in neighborhood character or nearby properties? Finding: The collection pit will be an integral part of the existing structure and will be set back further than the front edge of main barn. The pit will also be covered by a shed-like structure. 3. Is the request substantial? Finding: The requested variance of 6 feet into the required 55 foot front setback is not a substantial change. 4. Will it have adverse physical or environmental affects? Finding: The building of the collection pit will mitigate any manure spills that may occur from running along the front of the barn and possibly onto Rt 222. 5. Is the alleged difficulty self-created? Finding: The agricultural structures of the Fouts farm have been there for many years. The evolution of the structures has dictated where the collection pit should be placed, not only for the operation of the farm but for reducing environmental impact. Resolution #1 of 2008 Moved by Board Member Patricia Gaines, Seconded by Board Member Carolann Darling. Resolved, that the Zoning Board of Appeals hereby grants the variance for the requested addition to the barn as submitted by Fouts Farm. Roll Call Vote: Patricia Gaines, Board Member Aye Absent: Lyle Raymond, Vice Chair Steve Thane, Chair Aye Recused: Paul Fouts, Board Member Carolann Darling, Board Member Aye Motion carried. Adjournment At 7:33 PM, the meeting was adjourned by Chair Steve Thane Deborah A. Lane, Deputy Town Clerk Page 3 of 3