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HomeMy WebLinkAbout2011-02-07 Home occupation interpretation TOWN OF GROTON ZONING BOARD OF APPEALS Minutes of Public Hearing/Decision Meeting - Monday, 7 February 2011 - 7 PM Groton Town Hall - 101 Conger Boulevard - Groton, NY Board Members (*absent) Others Present Steve Thane, Chairman Glenn Morey, Supervisor Paul Fouts, Vice Chairman Gary Coats, CEO Lyle Raymond Joan Fitch, Recording Secretary Patricia Gaines Carolann Darling Applicants/Public Present Chris Hatch for Henry Hatch, Applicant; Donna Schlesier, Mickey Gallagher. PUBLIC HEARING Henry Hatch, Applicant/Reputed Owner - 53 Chipman Corners Road - TM #16.-1-25 - Review of CEO's Interpretation Regarding Need for Variance 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 31 January 2011. Proof of Publication has been placed on file for the record. Chairman Thane introduced the ZBA members. It was noted for the record that the required fee of $31.28 was paid by the applicant's representative, Chris Hatch. Chair Thane reported that no outside communications had been received. Chair Thane recognized CEO Coats who explained to everyone present that, as stated in his letter to Chris's father, Henry Hatch, dated 25 January 2011, the applicant needed to obtain a variance to have a mercantile-type business, i.e., kitchen cabinets and sundry items, in the basement of the home on the subject property. Chris wants to relocate from his present place of business on Salt Road at its corner with NYS Route 222, planning to do so on Saturday, 12 February 2011. He plans on getting out of the production phase of his business and simply concentrate on designing kitchens and selling the cabinets. CEO Coats stated that he had visited the subject property and found the existing basement setup to be very possible for the proposed use. It is a home occupation and not a service type industry; it is actually mercantile and doesn't fit in with the Code. He thought the best route to go was to get a variance for this type of zoning district. Chairman Thane then commented that the CEO was actually asking for an interpretation. No building permit had been denied for Mr. Hatch, so how could there be a variance request? He questioned why the Board was taking this route; it should be an interpretation. In response to the Board's questions, Chris Hatch stated that he wants a small showroom and an office in the basement. He may have one customer per week. Customers make an appointment to meet with him, choose a kitchen design, select materials, agree on a price, etc. Once ordered, the cabinets are custom made elsewhere and shipped directly to the customer's location in 4-6 weeks. There would be no outside storage, and there would be only one business vehicle. Chairman Thane commented, after hearing Mr. Hatch's description, that no one would even know there was a business there. CEO Coats stated that the basement had a door and window at ground level and had no exiting problems. A customer would never be more than 26 feet from an outside door. CEO Coats will conduct the required Fire Safety Inspection prior to opening. Member Lyle Raymond asked if there was going to be a "store," and Chris responded that he will have small items that can be purchased Page 1 of 4 Town of Groton ZBA Public Hearing&Decision Meeting Minutes 7 February 2011 there, e.g., different types of glues, etc. He also may have a display of cabinet models and knobs. There would be no inventory storage. Nothing would be visible outside, except for a sign. Right now, the proposed showroom/office is an empty room. Chairman Thane asked if there was anyone from the public who wished to comment on the proposed matter; there were none. With everyone being heard who wished to be heard, the Public Hearing was closed at 7:20 p.m. by Chairman Thane. DISCUSSION/DECISION Member Raymond stated that he had looked over the Code sections pertaining to home occupation "at length." He suggested that if the Board was going to do an interpretation, they consider the items he had jotted down in performing his review of home occupation; he came up with nine items that the Board should consider. He proposed that the Board look at each one of the items, separately, and agree "yes" or "no." All of the Board members agreed, so Member Raymond read each item, and the Board Secretary recorded their answers, as follows. 1. Subordinate. Is the proposed home occupation subordinate to the residence? Board's Response: Primary use is a residence so, yes, it is subordinate. 2. Is it of a commercial or service nature? Board's Response: Yes, it's both because it will be used as a place from which to service other places away from there. 3. Is it going to be detrimental to the residential character of the lot? Board's Response: No. The proposed home occupation is not visible. 4. Will it be detrimental to the surrounding neighborhood? Board's Response: No. 5. Is it an owner-occupied dwelling? Board's Response: Yes. 6. Home offices -are they attendant to other professions or trades? Board's Response: He's engaging in a trade. It's a home occupation for a profession/trade. 7. Will there be any disturbance beyond the property? Board's Response: We don't see where there will be any disturbance beyond the property. 8. Will there be any outdoor storage? Board's Response: No. 9. Will there be more than one commercial vehicle? Board's Response: No Page 2 of 4 Town of Groton ZBA Public Hearing&Decision Meeting Minutes 7 February 2011 The Board agreed that the matter met all the requirements of a home occupation. Member Raymond then commented that he was impressed with the proposed setup, and it wouldn't even be visible from the road. After a very brief discussion, a motion was made by Member Patricia Gaines that a variance was not needed, as the Town of Groton Zoning Board of Appeals has determined that the application to operate an in-home mercantile-type business, as described, is a Home Occupation under the Town's current Land Use & Development Code, with this interpretation applying solely to this case. The motion was seconded by Member Raymond, with the vote recorded as follows: Ayes: Chairman Thane Nays: None Member Fouts Member Raymond Member Darling Member Gaines Motion carried. This becomes Action #3 of 2011. Member Raymond commented that all future cases will be defined on their own merits. ORGANIZATIONAL & OTHER MATTERS • After a brief discussion, a motion was made by Member Raymond that the 2011 ZBA meetings will be held the last Wednesday of each month if there is any business to conduct. The motion was seconded by Member Paul Fouts, with the vote recorded as follows: Ayes: Chairman Thane Nays: None Member Fouts Member Raymond Member Darling Member Gaines Motion carried. This becomes Action #4 of 2011. • Chairman Thane advised those present that the Town Board, at their January meeting, had appointed him as Chairman of the Town's ZBA, and Paul Fouts will serve as Vice Chair. • Required training was discussed. • Chairman Thane reported on an item he had received from Planning Board Member Mary Gloster pertaining to general agricultural land use/planning. He will forward to ZBA members. • Chairman Thane stated that he receives quarterly updates on land use; he will provide to anyone interested. • CEO Coats reported that there may be another appeal coming up. He also informed everyone that there will be a Public Hearing on the new Code tomorrow night, so the Town may have a new Code sometime in April. • The NYS Route 222 signs (13 of them) placed by John Beck were discussed by the Board and CEO Coats. The matter will be going to the County's Supreme Court for adjudication. The signs are in violation of the Town Code (over minimum number of signs and maximum square footage allowed). Page 3 of 4 Town of Groton ZBA Public Hearing&Decision Meeting Minutes 7 February 2011 ADJOURNMENT At 7:55 p.m., a motion to adjourn the meeting was made by Member Gaines and seconded by Member Carolann Darling, with all Board members present voting in favor 41, Jo-if E. Fitch B((rd Secretary Emailed to Town Clerk,Bd. Members 86 CEO on 2/8/11. Tape delivered on 2/17/11. Page 4 of 4