TOWN OF GRANBY ZONING BOARD OF APPEALS
Meeting Minutes
June 22, 2010
AGENDA : Royce Determination
Doyle Public Hearing
Regular Monthly Meeting
ROLL CALL : Peter Holmes present - Chairman
Ken Brown absent
Paul Hartle present
Peter LeoGrande present
Linda Fadden present
ALSO PRESENT : Gary and Linda Royce, Karen Goppert, and Michael Doyle.
Chairman Holmes called the meeting to order at 7:00.
ROYCE DETERMINATION
Request for Interpretation of Zoning Ordinance
Section V. A(1) Customary Home Occupations
Gary and Linda Royce approached the ZBA Board at their last meeting to request an Interpretation because of a violation they had received from the Codes Department. The Royce's are operating a can redemption center out of the garage of their residence at 64 Junior Avenue, Fulton and believe that they qualify as a home business. Chairman Holmes states that the zoning district of the property is agricultural, therefore the only thing prohibiting their operation according to regulations in the Granby Zoning Ordinance is the absence of Site Plan Approval from the Planning Board. Member Fadden asked the Royce's what percentage of their home had been written off when filing the taxes for the business. Karen Goppert replied that they hadn't yet filed for the business but the appropriate percentage would be utilized. Member LeoGrande commented that the percentage is not distinguished for the Town Assessor's figures - that it plays no part in the value. Member Fadden had researched her position in this interpretation and its application and read aloud a statement she had prepared. Member Holmes also read a prepared statement, both of which are to be filed in project file. To summarize their position is as follows:
•1. The Code allows for 20% of living space to be utilized by a home business.
•2. The garage is NOT considered to be living space.
•3. The current square footage being utilized for the business exceeds the amount of allowable space.
•4. A bottle and can redemption center is NOT considered an accessory use to the home.
Member Holmes concluded that since the garage is not living space the applicants must file a site plan with the Planning Board for approval. The business should not currently be operating due to the Codes violation received and should not reopen since the interpretation upholds the position of the Codes Department.
A motion to uphold the ZEO ruling that approval of a Site Plan Application from the Planning Board is required to operate a can redemption business at 64 Junior Avenue in the Town of Granby, was moved by Chairman Peter Holmes and seconded by Board member Peter LeoGrande, all were in favor with no discussion, motion carried.
Vote:
Peter Holmes, Chairman Aye
Linda Fadden, Member Aye
Paul Hartle, Member Aye
Peter LeoGrande Aye
4 Ayes and 0 Nays - MOTION APPROVED
PUBLIC HEARING
Michele M. Doyle - 32 Dann Road, Fulton
Tax Map # 271.03-01-15
The Public Hearing began at the May 25th meeting but was unattended by the applicant or anyone else. The Hearing was left open and shall be continued this evening. The applicant, Mr. Doyle is asked to present his request for an area variance. He explains that he would like to build a garage on his property on Dann Road and that his lot is undersized like many others in this area. The only location to build a garage is at the front of the lot closer to the road than the setbacks allow. The lot from the road to the river has a substantial slope - the least affected spot is the front yard. The garage will be built on a foundation - needed because of the slope to anchor garage location. The applicant is requesting a 10' front setback variance. The garage doors will open to the front unless the foundation can be placed at 15', then the door will enter from the property. Snow removal has been considered and discussed. Chairman Holmes asks if the Board has any further questions or if there are any other comments - there are none. Chairman Homes makes a motion to adjourn the Hearing at 7:22 pm, seconded by Member Fadden, all were in favor, motion carried.
REGULAR MONTHLY MEETING
DOYLE - Determination for Area Variance Request for front yard setback:
The Board members discussed the request in light of the many other variances given for the same thing in this area. The existence of buildings closer to the road and on property lines without having obtained variances was also discussed.
A motion was moved by Chairman Holmes to approve the area variance request by Michele Doyle for a 15' front setback variance to build a garage 10' of the road on property located at 32 Dann Road in the Town of Granby, motion was seconded by Member Linda Fadden, all were in favor with no discussion, motion carried.
Vote:
Peter Holmes, Chairman Aye
Linda Fadden, Member Aye
Paul Hartle, Member Aye
Peter LeoGrande, Member Aye
4 Ayes and 0 Nays - Motion APPROVED - Resolution 2010-01.
A motion to approve the meeting minutes for May 25, 2010 with correction to add attendance of Members to the minutes was moved by Chairman Holmes and seconded by Member Peter LeoGrande, all were in favor with no discussion, motion carried.
With no other business before the Board a motion to adjourn at 7:35 pm was moved by Member Linda Fadden and seconded by Member Paul Hartle, all were in favor, motion carried.
Respectfully submitted by:
Lisa Somers
ZBA secretary
