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HomeMy WebLinkAbout10_18_05 Front yard setbacks for addition TGZBA OWN OF ROTON ONING OARD OF PPEALS Minutes of Public Hearing/Meeting – Tuesday, 18 October 2005 – 7:30 PM Groton Town Hall – 101 Conger Boulevard – Groton, NY Board Members Others Present (*absent) Lyle Raymond, Chairman Joan Fitch, Recording Secretary *Patricia Gaines Gary Coats, CEO Geraldine Rapp Steve Thane, Vice-Chairman *Thomas Tylutki Applicants/Public Present Mary O’Bannion, Applicant; Jerry Dennis. PH UBLIC EARING Mary O’Bannion, Applicant/RO – 337 Locke Road – TM #221.-2-3 – Area Variance for Proposed Bedroom Addition The Public Hearing was opened at 7:30 p.m. by Chairman Lyle Raymond who read aloud the Notice of Public Hearing as duly published. Proof of Publication has been placed on file for the record. Chairman Raymond advised the Board members that the required fee had been paid by the applicant. Members of the ZBA in attendance were introduced by the Chairman. Chairman Raymond acknowledged that no communications had been received regarding the application. Chairman Raymond recognized Gary Coats, Town of Groton Code Enforcement Officer, who explained that the applicant’s father, age 78, lived quite some distance away, lived alone in a mobile home that was not well insulated, and every week the applicant visited him and took him meals for the week. Ms. O’Bannion had asked her father to come live with her and they would construct a bedroom addition for him. The father agreed and also offered to pay for the addition. CEO Coats stated he had measured the distance to the front property line and it was about 24 feet, where 30 feet is required. The home is already non-conforming, having existed before there was zoning in the Town. The proposed 12’ by 16’ bedroom addition, to be placed on the north side of the home, as shown in the attachment to the application, would be no closer to the road than the front of the home. CEO Coats also reported he had checked with the Tompkins County Department of Health regarding the addition of the bedroom, and an okay had been received from them stating the addition would have no affect on the present septic system. In response to Member Geri Rapp’s questions, the applicant stated that there were presently three bedrooms in her home, with six people residing there. They had lived in the home for three years, but purchased it last year. Chairman Raymond asked the applicant if she had considered any alternatives that would not require a variance, e.g. ECHO housing which is allowed in the Town’s Code. CEO Coats stated that this was not an active process anymore, especially since the previously allowed tax credits had been eliminated; therefore, there were not many applications for ECHO units anymore. In addition, he stated, the applicant could always use the extra bedroom when the father no longer needed it. The alternative of constructing the addition off the home on another side was discussed. Jerry Dennis stated that the only way to have access to the proposed bedroom would be where it was planned and showed the Board a sketch which demonstrated this. The rear of the home was where the back door Page 1 of 3 Town of Groton ZBA Public Hearing/Meeting Minutes 18 October 2005 was and this could not be blocked as it was the only rear ingress/egress for the occupants. Then there was the consideration of the location of the home’s leach field, etc. The result of the discussion was that there was only one place where the addition could be constructed. Mr. Dennis also stated he had talked with all of the neighbors, and none had any objection to the proposed addition. He also stated that the addition would have a block foundation, and would be constructed as directed by the Code Enforcement Officer to conform to all Code requirements. With everyone being heard who wished to be heard, Chairman Raymond closed the Public Hearing at 7:53 p.m. D/D ISCUSSIONECISION Chairman Raymond 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? Response: No, given the situation, this would be the best way to go. 2. Will it cause an undesirable change in neighborhood character or nearby properties? Response: No, there would be no change in neighborhood character, and may even enhance the property values. 3. Is the request substantial? Response: No, it appears it’s about 6 feet, which is not a substantial increase—only about 20%. 4. Will it have physical or environmental affects? Response: As shown on Part II of the Short Environmental Assessment form, completed by the Code Enforcement Officer, the proposed action will not cause any adverse physical or environmental impact if built as requested. There was also ample parking space. 5. Is it self-created? Response: No. Member Rapp commented that “this is a positive thing.” In addition, the proposed bedroom would keep the same line as the existing structure, and it’s a good use of the space. Chairman Raymond and Board Member Steve Thane agreed. A motion was made by Member Thane that, based on the Board’s findings, the Zoning Board of Appeals grants the area variance for the bedroom addition too close to the front property line, as requested. The motion was seconded by Member Rapp, with the vote recorded as follows: Ayes: Chairman Raymond Nays: None Member Rapp Member Thane Absent: Member Gaines Member Tylutki Motion carried This becomes Action #3 of 2005. Adjournment Chairman Raymond adjourned the meeting at 8:03 p.m. Page 2 of 3 Town of Groton ZBA Public Hearing/Meeting Minutes 18 October 2005 Joan E. Fitch Recording Secretary E-mailed on10/19/05 Originals mailed; tape mailed separately. Page 3 of 3