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Home My WebLink About2008-07-22 Second family residence on lot in M2 TOWN OF GROTON ZONING BOARD OF APPEALS Minutes of Decision Meeting - Tuesday, 22 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. It is noted for the record that the Public Hearing on the below appeal was held and closed on 16 July 2008, at which time the matter was postponed until this date for discussion/decision. Reference is made to those Minutes for particulars. DISCUSSION/DECISION 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 opened the decision portion of this appeal at 7:03 p.m. He then asked CEO Gary Coats if anything had transpired since the public hearing held on 16 July 2008. CEO Coats then advised everyone that a request for a Building Permit had been submitted by the applicant, he had denied issuance, and a request for a variance had immediately been submitted thereafter. He also affirmed that he had not received any calls or comments regarding the appeal since that date. Co-Chair Thane then recognized the applicant who explained that she 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. The apartment would be right next door to her home and would occupy a 16 ft. by 40 ft. space in the existing pole barn; all codes will be complied with. The apartment would contain a living/kitchen room (probably no stove, but a microwave and refrigerator), a bedroom, and a bathroom w/shower (no tub). Co-Chair Thane stated that he had talked with Attorney Fran Casullo who agreed that a Building Permit needed to be denied before a variance could be applied for; further, he thought that what the ZBA was doing was the correct procedure. CEO Coats advised that he planned to talk to a lawyer "with the State" to obtain his opinion. Co-Chair Lyle Raymond commented that it was obvious that a lot of Towns are not following the proper procedure in this regard, and this was an important issue. Co-Chairman Thane 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? Finding: No, there's no other feasible way. All agreed. Page 1 of 2 Town of Groton ZBA Decision Meeting Minutes 22 July 2008 2. Will it cause an undesirable change in neighborhood character or nearby properties? Finding: No, it will not cause an undesirable change in the neighborhood; the pole barn is already there and the changes will be on the interior. All were in agreement. 3. Is the request substantial? Finding: Physically it's not substantial as the barn is an existing structure. All agreed. 4. Will it have physical or environmental affects? Finding: No. All Board members present agreed. 5. Is the alleged difficulty self-created? Finding: No. All agreed. A motion was then made by Member Patricia Gaines that, based on the findings, the Zoning Board of Appeals grants the variance as requested, conditioned that the variance ceases when the applicant's mother no longer resides there. The motion was seconded by Member Paul Fouts, with the vote recorded as follows: Ayes: Co-Chairman Raymond Nays: None Co-Chairman Thane Member Gaines Absent: Member Darling Member Fouts Motion carried. This becomes Action #3 of 2008. ADJOURNMENT At 7:41 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 8/6/08. Originals&tape mailed. Page 2 of 2