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HomeMy WebLinkAbout7_18_05 Assessory structure alone on lot without primary TGZBA OWN OF ROTON ONING OARD OF PPEALS Minutes of Public Hearing/Meeting – Monday, 18 July 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 Kim & Linda Armstrong, Applicants; Barry Francis, Jean True. PH UBLIC EARING Kim & Linda Armstrong, Applicants/Reputed Owners – 351 LaFayette Road – TM #28.-1-59.12 The Public Hearing was opened at 7:32 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 applicants that they needed to pay the fee before the hearing could proceed. The fee of $26.28 was paid by the applicants. Members of the ZBA in attendance were introduced by the Chairman. The applicants were requesting a variance to site an accessory building for storage on the their separate lot which is adjacent to their primary residence. Chairman Raymond acknowledged that there had been no communications received from anyone regarding the appeal. Chairman Raymond recognized Gary Coats, Town of Groton Code Enforcement Officer, who explained that under the Groton Land Use & Development Code, Section 120, an accessory building cannot be accessory if there’s no main structure. The applicants own an adjacent smaller lot (TM #28.-1-59.13) which contains their residence, but the lot is not large enough to accommodate the proposed 32’ by 56’ pole barn. Therefore, the applicants are seeking a variance to construct this pole barn (to be used for storage) on the subject adjoining lot, as shown on the sketch plan accompanying the application. Chairman Raymond recognized the Kim Armstrong who explained that they moved into their residence about five years ago. About three or four years ago, the subject next-door parcel was put up for sale, and he and his wife purchased the 15.8± acre parcel from which he presently harvests hay for sale. He stated he needed a barn to store his equipment which is presently left outside on the property. When he purchased the subject parcel, he did not want to combine it with his house lot because sometime in the future he and his wife may want to build a new home on the larger parcel. Leaving the parcels separate would make it easier should this occur. Chairman Raymond and the Board discussed how the subject property use would be reflected under the current Ag & Markets Law, which required the owner(s) to show that the land was being used for agricultural purposes. Chairman Raymond asked the applicants if they had considered simply enlarging their house lot enough to accommodate the planned location of the pole barn. Mr. Armstrong responded he had considered this, but didn’t want to do it because if he sold off his house lot he would then lose the pole barn. Chairman Raymond then asked about combining Mr. Armstrong’s two lots into one, which would solve the problem. This could be done by dissolving the property line between the two, which would require approval of the Town Planning Board. Member Tylutki stated that the applicant could leave the existing survey markers in, therefore making it much easier to separate the parcels at a later date. Page 1 of 2 Town of Groton ZBA Public Hearing/Meeting Minutes 18 July 2005 Chairman Raymond advised the applicants of the questions that NYS requires to be answered, one of which was “are there other feasible ways the applicant could do this without having to have a variance?” A positive answer would count against the granting of the variance. Also, “is the need for a variance self-created?” Again, a positive answer would count against granting the variance. Mr. Armstrong asked the Board if he could just withdraw his appeal at this time and pursue a boundary change with the Planning Board. Chairman Raymond then formally asked the applicant if he has decided to withdraw his appeal and seek a boundary change; the applicant stated yes, he would like to withdraw his appeal. CEO Coats advised the applicants of what they needed to do to apply for a boundary change; he would also check with the Planning Board to see if the Armstrongs could be placed on their Agenda for July 21. st Chairman Raymond asked if there was anyone present who wished to speak regarding the appeal. With everyone being heard who wished to be heard, Chairman Raymond closed the Public Hearing at 8:30 p.m. D/D ISCUSSIONECISION With no further discussion, Member Tom Tylutki made a motion that the variance request to construct an accessory building on a separate lot be dismissed because the applicant has agreed to a solution that does not require a variance. The motion was seconded by Member Steve Thane, with the vote recorded as follows: Ayes: Chairman Raymond Nays: None Member Gaines Member Thane Member Tylutki Absent: Member Gaines Motion carried This becomes Action #1 of 2005. Other Matter Chairman Raymond reminded the Board that their next Public Hearing was scheduled for 2 August 2005 at 7:30 p.m. Adjournment Chairman Raymond adjourned the meeting at 8:32 p.m. Joan E. Fitch Recording Secretary E-mailed on8/1/05 Page 2 of 2