HomeMy WebLinkAbout2009-03-25 Assessory structure higher than allowed TOWN OF GROTON ZONING BOARD OF APPEALS
Minutes of Public Hearing/Decision Meeting - Wednesday, 25 March 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
Paul Fouts
Applicant/Public Present
Paul Dittman, Applicant; Town Councilman Don Scheffler, Town Supervisor Glenn Morey.
PUBLIC HEARING
Paul & Colleen Dittman, Applicants/Reputed Owners - 208 Bossard Road - TM #15.-1-2.11 -
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 Groton Independent. Proof of Publication has been placed on
file for the record.
Co-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 recognized Paul Dittman who explained that he was seeking a variance to build a 45
ft. by 30 ft. garage 6 feet higher than the 20-foot maximum height allowed. The height was needed for
additional dry storage, he stated. The gable end of the building will be toward Bossard Road, and set
back approximately 265 feet, as shown on the sketch accompanying the application.
Board Member Pat Gaines asked the applicant how high was his home, and the applicant replied, "50
feet." Mr. Dittman stated that the barn on the neighbor's property was much taller than the 26 feet
which he's asking for. The proposed garage, he stated, will match his home and will be a post and
frame building with steel sides and four windows. He has a camper (presently stored outside) which
will be stored in the proposed garage in the winter.
Chairman Thane noted there were no setback issues. He then asked if there were any other
comments from anyone else who was present. There were none.
With everyone being heard who wished to be heard, the Public Hearing
was closed at 7:07 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?
Discussion/Finding: Yes, but that's not what the applicant wants.
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Town of Groton ZBA Public Hearing&Decision Meeting Minutes 25 March 2009
2. Will it cause an undesirable change in neighborhood character or nearby
properties?
Discussion/Finding: No, as it will sit back quite a distance from the road,
behind trees.
3. Is the request substantial?
Discussion/Finding: Yes, it's substantial—about 30%.
4. Will it have physical or environmental affects?
Discussion/Finding: No.
5. Is the alleged difficulty self-created?
Discussion/Finding: Yes.
A motion was then made by Member Paul Fouts 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 Darling
Member Fouts Absent: Member Raymond
Member Gaines
Motion carried.
This becomes Action #1 of 2009.
ADJOURNMENT
At 7:12 p.m., the meeting was adjourned by Chairman Thane, with no objection.
Joan E. Fitch
Recording Secretary Emailed to Town Clerk, Bd. Members,
&CEO&on 3/30/09. Original&tape mailed.
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