HomeMy WebLinkAbout2008-07-16 - Second family residence on lot TOWN OF GROTON ZONING BOARD OF APPEALS
Minutes of Public Hearing/Meeting - Wednesday, 16 July 2008 - 7 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
Carolann Darling
Paul Fouts
Applicants/Public Present
Patricia Johnson, Applicant; Marty Johnson, Dewey Dawson, Christy Walpole, Bob Walpole.
The Public Hearing was opened at 7:01 p.m. by Co-Chairman Steve Thane, who read aloud the
Legal Notice as duly published on 8 July 2008. Proof of Publication has been placed on file for
the record.
PUBLIC HEARING
Patricia Johnson, Applicant/Reputed Owner - 27 Cemetery Lane - TM #38.-3-1.2 - Second
Single-Family Residence on Subject Parcel (M2 District)
Co-Chairman Thane introduced those ZBA members present. It was noted for the record that all fees
had been paid and that two letters had been received as part of this appeal. The first letter received
was written by CEO Gary Coats to Marty Johnson, dated 19 June 2008, a copy of which has been
placed on file for the record. The letter informed Mr. Johnson of CEO Coats'actions that initiated this
appeal. The second letter, dated 26 June 2008, was from Mr. Johnson to CEO Coats in response to
the CEO's 19 June 2008 letter. Mr. Johnson disagreed with CEO Coats' actions and requested an
appeal for a variance to include a small apartment in his new pole barn, specifically for use of Patricia
Johnson's elderly mother. A copy of this letter has also been placed on file for the record.
CEO Coats then explained that the applicant was seeking a variance to construct a small apartment
in their new pole barn specifically for the use of her 85-year old mother whom she would be taking
care of. The applicant explained the layout of the small apartment and stated that her mother's
health necessitated some care, although she was able to live by herself with assistance from her
daughter.
CEO Coats explained the process for a bulk/use variance which be required in order for a second
single-family residence on the subject parcel. It was his opinion that a building permit denial was
required in order to trigger an appeal for a use variance, but not an area variance. He further stated
that there was an issue with the application not being complete, which was an oversight. CEO Coats
then quoted from McKinney's Law which stated as long as the information was there, the ZBA could
act on it; therefore, he felt the application was complete. Co-Chair Thane agreed that the Board could
consider the application properly filed and, as such, they could act on it. Co-Chair Lyle Raymond
argued that this was not a use variance, it was an area variance. The use (a residence) was allowed in
the M2 District; it was a matter of how it was set up. CEO Coats argued that a second residence on a
parcel was not allowed. It was agreed that this needed to be further determined/researched. Co-
Chair suggested postponing this appeal until the correct process was determined; the Town Attorney
was away at this time. The Board then agreed that the three options given the appellants by CEO
Coats in his 19 June 2008 letter was correct, and that he would have to deny a building permit based
on Section 343.2.
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Town of Groton ZBA Public Hearins/Meeting Minutes 16 July 2008
Co-Chair Thane asked if there was anyone present who wished to comment on the appeal. Bob
Walpole stated that he was a neighbor and had no problem with the granting of a variance for the
second residence.
With everyone being heard who wished to be heard, Co-Chair Thane closed the
Public Hearing at 7:40 p.m.
A motion was then made by Member Pat Gaines to postpone the decision meeting re variance
request to allow a second single-family residence on subject property until 22 July 2008 at 7
PM in order to provide time to obtain additional information pertaining to this case. The
motion was seconded by Co-Chair Raymond, with the vote recorded as follows:
Ayes: Co-Chairman Raymond Nays: None
Co-Chairman Thane
Member Darling
Member Gaines
Member Fouts
Motion carried.
This becomes Action #2 of 2008.
ADJOURNMENT
At 7:42 p.m., the meeting was adjourned by Co-Chairman Thane.
Joan E. Fitch
Recording Secretary Emailed to Town Clerk, Bd. Members,
CEO&Town Attorney on 8/5/08. Originals&tape mailed.
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