TOWN OF GRANBY ZONING BOARD OF APPEALS
Meeting Minutes
December 3, 2009
AGENDA: Somers Baker Public Hearing
Regular Monthly Meeting
ROLL CALL:
Chairman Peter Holmes present
Member Ken Brown present
Member Linda Fadden present
Member Paul Hartle present
Member Peter LeoGrande present
ALSO PRESENT: William and Teresa Somers, Scott Robertson, Henry Wilcox, Carl Nylen, Ed Williamson and Matt Callen.
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PUBLIC HEARING
Deborah Somers Baker - 2079 State Route 48, Fulton
Tax Map # 218.00-03-02
The Public Hearing is called to order at 6:58 pm. William and Teresa Somers are representing Deborah Somers Baker in regards to the Use Variance request application filed by Ms. Somers Baker to place a HUD Manufactured home in an R-1 zoned district where they are not permitted in accordance with Section III, Subsection A of the Granby Zoning Ordinance. Chairman Holmes asks the applicants to present their case and reasons for the relief sought to the Board and those present at tonight's meeting. Ms. Somers Baker had been in a car accident in the past year and a half and suffered tremendous injuries and the loss of her husband. Through therapy she has been able to achieve a level of independence but still needs daily assistance, and is therefore attempting to locate a home close to her family where she will receive the personal assistance she needs and also maintenance help with lawn mowing, snow blowing and other numerous chores of a homeowner. The applicant asks for relief of regulations due to hardship.
Chairman Holmes asks for any public comments at this time, which are as follows:
Ed Williamson - Mr. Williamson has been asked by Judge Bruce Wells, a neighbor to this property, to speak on his behalf and state that he would like the Board to strongly consider approval of this request, he has no issues with the location of the structure and doesn't feel that there are any detrimental affects to the neighborhood. Mr. Williamson, Granby Supervisor, would also like to state his support for approval of this request, he feels the applicant has a true hardship that this situation would benefit, he also knows that the property values wouldn't suffer because the structure would be well taken care of.
Henry Wilcox - Mr. Wilcox is a neighbor to William and Teresa Somers and would become the closest neighbor to Deborah if the Board approves this application. Mr. Wilcox states that he has no problems with the intended structure or its location. He further states that the house probably won't be seen because it's set in the woods half way to the rear property line - behind Bodee's and Fairway Manor - and therefore shouldn't have much effect on property values.
Carl Nylen - Mr. Nylen states his objection, or rather hesitation to support a request that can have a negative effect on current efforts to establish and regulate uses that are beneficial to the future growth of Granby. The various Boards have put in many hours and personal effort in the past few years to establish a workable plan that benefits the safety and welfare of all the residents. He would hate to see an approval that could be used as a precedent that would invalidate all that work. There are issues to consider such as assessments that could be devalued because of the lower value of a manufactured home. He hopes that the Board and the applicants consider the possibility of other options such as building an addition onto their current home. Teresa Somers responds that she needs her independence. Mr. Nylen states that his opinion is not personal but valid to the process that the Public Hearing allows.
Chairman Holmes asks the Board Members for any questions or comments at this time. Member LeoGrande asks where the house is to be located on the large parcel (19 +/- acres) that's being discussed. William Somers reviews the supplied tax map with the Members, who are familiar with the area and the trolley tracks that run along the back of the property, which eventually gives access to Stoney Robby Road. Other Board Members questioned the size and specifications of the home they plan to purchase. The applicants responded that the home is a Doublewide that has not yet been selected as far as floor plan but it will be new and styled so as not to look like a mobile home. William Somers explains that a reinforced pad with a blocked foundation will be constructed for the home to permanently set on. Chairman Holmes asked if they could possibly choose a modular constructed home and avoid the need for a variance but the applicants said that the difference is more than $30,000 and with a newly constructed dream home in Sterling that Deborah can no longer function in or manage - it has created its own financial crunch in this housing market.
With no further questions or comments regarding this request, Chairman Holmes makes a motion to close the Public Hearing at 7:20 PM, which is seconded by Member Fadden, all were in favor, motion carried.
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REGULAR MONTHLY MEETING
Chairman Holmes opened the regular monthly meeting at 7:20 PM.
A motion to dispense with the reading of the minutes was moved by Chairman Holmes and seconded by Member LeoGrande, all were in favor, motion carried.
A motion to approve the meeting minutes for October 20, 2009 was moved by Chairman Holmes and seconded by Member Fadden, all were in favor with no discussion, motion carried.
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DETERMINATION
Deborah Somers Baker - 2079 State Route 48, Fulton
Tax Map # 218.00-03-02
The Board Members discussed the current zoning districts and their recent formation in regards to the needs of the residents of Granby. The districts were designed around the major arterials of State Routes 3 and 48, which bring people into commercial zones. The R-1 residential zone is along these same routes and has the strictest permitted uses and the highest property values. Although the revenue generated from high property taxes will continue to develop the Town with water and sewer, the cost to the residents that live in these rezoned and classified areas is the loss of the use of their property. Re-evaluating the regulations against the profile of people that live here rather than the market that could be attracted here might better serve the residents of Granby.
The application that is before the Board deals with a large piece of property (19 acres) that Mr. Somers has owned for many years and is where he built his home. The applicant is his daughter that has suffered a true hardship in the past couple of years and is asking for relief from regulations of the Granby Zoning Ordinance in order to live a life as normal as possible with the assistance and support of her family. The submitted application includes a letter from Deborah Somers Baker explaining her situation and reasons for requesting a variance as well as a letter from her Physical Therapist of St. Joseph's Hospital attesting to her physical abilities and limitations. A sample photo of a Doublewide that they are looking to purchase was also included - many of the Board Members commented that it didn't look like a mobile home, but rather more like a modular. The applicants also completed a Short Environmental Assessment Form, as is required by the DEC for any Use Variance requests, which the Board reviewed and determined that the proposed action would not result in any significant adverse environmental impacts. A package was also submitted to County Planning for a 239 Review - they determined that there was no significant county impact involved and that it should be decided as a local issue.
A motion to grant the Use Variance request for Deborah Somers Baker to place a HUD Manufactured home on property located at State Route 48, Fulton, Tax Map # 218.00-03-02 contingent upon the subdivision of one acre to Deborah Somers Baker within 180 days and a copy of the deed to be provided to Codes Office at apllication of Building Permit with the following express conditions:
•1.) Any and all skirting to be masonry block or brick with ventilation windows.
•2.) Must meet requirements of Zoning Ordinance including minimum size of 960 square feet.
Motion was moved by Chairman Holmes and seconded by Member Fadden, all were in favor, motion carried.
VOTE:
Chairman Peter Holmes aye
Member Linda Fadden aye
Member Paul Hartle aye
Member Peter LeoGrande aye
Member Ken Brown aye
5 ayes, 0 nays - Motion passed, Request GRANTED.
With no other business before the Board a motion to adjourn at 8:00 pm was moved by Chairman Holmes and seconded by Member Brown, all were in favor, motion carried.
Respectfully submitted by:
Lisa Somers
ZBA secretary
