HomeMy WebLinkAbout2009-07-22 Assessory structure higher than allowed TOWN OF GROTON ZONING BOARD OF APPEALS
Minutes of Public Hearing/Decision Meeting - Wednesday, 22 July 2009 - 7 PM
Groton Town Hall- 101 Conger Boulevard- Groton, NY
Board Members (*absent) Others Present
Steve Thane, Chairman Joan Fitch, Recording Secretary
Paul Fouts, Vice Chairman
Lyle Raymond
Patricia Gaines
Carolann Darling
Applicant/Public Present
Dale R. Miller, Sr., Applicant; Eleanor Miller.
PUBLIC HEARING
Dale R. Miller, Sr., Applicant/Reputed Owner - 20 Torok Road - TM #31.-1-26.2 - Garage Higher
Than Allowed
The Public Hearing was opened at 7 p.m. by Chairman Steve Thane, who read aloud the Legal
Notice as duly published in The Shopper on 14 July 2009. Proof of Publication has been placed
on file for the record.
Chairman Thane introduced those ZBA members present. It was noted for the record that all fees had
been paid and that no written communications had been received regarding this appeal.
Co-Chair Thane explained to those present that the applicant was seeking a variance to construct a
garage with a 22-foot height, which is greater than the 20-foot maximum allowed by Sec 342.2e of the
Town of Groton Land Use and Development Code. Mr. Miller also stated that he would be adding a
cupola to the top of the new garage. The variance for the 2-foot height extension was for the ridge line
of the main roof and did not include the cupola. The ZBA discussed whether the cupola should be
included in the variance request and determined that since the cupola is not used for storage or as a
living space, then it was no different than a weather vane or an antenna and should not be included in
the total height of the building.
The applicant and his wife explained that they need to maintain a 10-foot ceiling height in the garage
to accommodate a truck, plus they need to have attic storage.
Chairman Thane asked if there was anyone from the public who wished to comment on the proposed
appeal; there were none.
With everyone being heard who wished to be heard, the Public Hearing
was closed at 7:08 p.m. by Chairman Thane.
DISCUSSION/DECISION
Chairman Thane opened the decision portion of this appeal at 7:08 p.m. He then proceeded with the
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 without
requiring a variance?
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Town of Groton ZBA Public Hearing&Decision Meeting Minutes 22 July 2009
Discussion/Finding: The result the applicant wishes to achieve is to maintain a
10-foot ceiling in the ground floor garage and create attic storage. The applicant
cannot achieve the same results and create the storage with a shorter building.
2. Will it cause an undesirable change in neighborhood character or nearby
•roperties?
Discussion/Finding: There is no significant impact to the character of the
neighborhood or nearby properties because of the trees that will partially
obscure the building and the presence of agricultural buildings nearby_
3. Is the request substantial?
Discussion/Finding: The requested variance of 2 feet above the maximum 20-
foot limit is not a substantial change.
4. Will it have physical or environmental affects?
Discussion/Finding: The building of this garage will have no adverse physical or
environmental effects.
5. Is the alleged difficulty self-created?
Discussion/Finding: The alleged difficulty was self-created in that the
application of the variance before the construction of the garage signifies that
the applicant was aware of the 20-foot height limit found in Sec 342.2e of the
Groton Land Use and Development Code.
A motion was then made by Member Lyle Raymond that, based on the findings, the Zoning
Board of Appeals grants the variance as requested. The motion was seconded by Member
Carolann Darling, with the vote recorded as follows:
Ayes: Chairman Thane Nays: None
Member Fouts
Member Raymond
Member Darling
Member Gaines
Motion carried.
This becomes Action #2 of 2009.
ADJOURNMENT
At 7:15 p.m., a motion to adjourn the meeting was made by Member Pat Gaines and seconded by
Member Paul Fouts, with all Board members present voting in favor
Joan E. Fitch
Board Secretary Emailed to Town Clerk, Bd. Members,
&CEO&on 7/23/09. Original&tape mailed.
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