TOWN OF GRANBY ZONING BOARD OF APPEALS
Meeting Minutes
September 13, 2011
AGENDA: Gilmore Detemination
Chrisman/Wade Public Hearing
Latino
Public Hearing
Regular
Monthly Meeting
ROLL CALL: Peter
Holmes present – Chairman
Peter
LeoGrande present/recused
Linda
Fadden present
Sam
Trepasso present
Michael French present
ALSO PRESENT: William & Annie Gilmore, Supervisor
Williamson, many neighbors of the Gilmore property, Wade Chrisman, Thomas &
Rosemary Latino.
Chairman Holmes called the
meeting to order at 7:00 pm and acknowledged Member Peter LeoGrande’s recusal
for the first order of business.
GILMORE INTERPRETATION
Request for Interpretation of Granby Zoning Ordinance
Section III.A Permitted Uses
Chairman Holmes had a
prepared statement and read it aloud for the record. He explained that the Town Attorney, Scott
Chatfield, had attended the August 23rd meeting for the Board
Members to answer any legal questions that they had and also to outline the
duty of the ZBA in an Interpretation Request.
Chairman Holmes further stated that the CEO’s determination is based on
the construction of the course – the regarding and clearing of the land, the
construction of hillocks and jumps to facilitate and create a motocross race
course. The construction constitutes the
establishment of a recreational use which requires Site Plan Review and
Approval from the Planning Board. The
CEO’s determination is based on the construction of the course and not the
riding of the ATV’s on his personal property.
Chairman Holmes further stated that in rural communities ATV’s are
commonplace and all residents have the right to the personal use of their land.
Member Linda Fadden also had
a prepared statement and read it aloud for the record. She explained that the CEO’s letter stated
that the alteration of the property constituted the establishment of the
recreational use and that when looking at the information provided it is
obvious that the landscape of the property had been purposely altered to create
a motocross racecourse. The Gilmore’s
had stated that they had only smoothed out dangerous areas and that the burms
and hills were preexisting and only emphasized by the constant running of the
ATV’s. The neighbors provided no actual proof
of the Gilmore’s altering the property; but maps, aerial photos and a visit to
the property was evidence enough. Member
Fadden stated that in her opinion the Gilmore’s did change the landscape of the
property by regarding and clearing the land to build the course, therefore the
CEO was correct in his terminology of recreational use as it pertains to this
property.
Member Sam Trepasso stated
that he also agreed with the CEO’s determination and that after a visit to the
property it was obvious that the natural land had been significantly altered to
create a racecourse.
A motion to uphold the CEO Determination that the
property located at 169 Russell Road, Fulton; Tax Map # 286.00-02-15.01 is
correctly classified as a Recreational Use and therefore Site Plan Approval
from the Planning Board is required was moved by Chairman Peter Holmes
and seconded by Board member Linda Fadden, all were in favor with no discussion,
motion carried.
Vote:
Peter Holmes, Chairman Aye
Linda Fadden, Member Aye
Sam Trepasso, Member Aye
Michael French, Member Aye
Peter LeoGrande, Member Abstained
4 Ayes, 0 Nays and
1 Abstention – MOTION APPROVED – Resolution 2011-03
PUBLIC HEARING
Charles Gage/Wade Chrisman
– 295 Rathburn Road, Fulton
Tax Map # 217.00-04-06
Chairman
Peter Holmes opened the Public Hearing at 7:10 pm and asked the applicant to
explain his variance request. Wade
Chrisman provided the Board with a letter from the property owner, Charles
Gage, allowing Mr. Chrisman to represent the application on his behalf. The applicants would like to place an
undersized mobile home on the property which they are purchasing from Wade’s
grandfather. The couple explained that
they had experienced some difficult times financially and that the mobile home
is only a temporary unit, they plan to build a new home in a few years. The 1986 mobile home is 784 sq ft, affordable
and has many upgrades such as a shingled roof and improved wiring. The applicants also plan to build a 7’ x 12’
deck area that will be enclosed and is an additional 84 sq ft, totaling 868 sq
ft. The required amount is 960 sq ft, a difference of 10% which is within
tolerable limits. The Board Members
discussed the construction of the addition and the need for it to be enclosed
and a three season room (not requiring a heating system) for the square footage
to be included. They also discussed that a condition for completion before
winter of this year was likely and the applicants voiced the same timeline. The
Hearing was opened to public comments, there were none. With no further questions or comments from
the Board, Chairman Holmes closes the Hearing at 7:18 pm.
PUBLIC HEARING
Thomas & Rosemary
Latino – 1107 State Route 48, Fulton
Tax Map # 253.04-01-11
Chairman
Holmes opened the Public Hearing at 7:18 pm and asked the applicants to explain
their variance request. The Latino’s
stated that they had received a Violation Notice from the Codes Office that
their fence was over the required maximum height of 6 feet. CEO Rearick told them to lower the fence or
appeal to the ZBA for a variance. The
fence was built 17 years ago, a receipt for a professional survey completed in
July 1994 to establish boundary line for placement of fence was presented to
the Board. The applicants stated that
they had contacted the Town in July of 1994 to get a building permit for the
fence and were told that they didn’t need a permit for a fence and that the
proposed location was not a problem. The
violation notice 17 years later came as a surprise and they feel that they
shouldn’t be held accountable after the fact, they also asked if the property
is considered a grandfathered condition.
Member LeoGrande stated that the fence is not noticeable, is in good
repair and starts 20’ back from the road, photos provided from the applicant
illustrates this as well. The Hearing
was opened for public comments, there were none. With no further questions or comments from
the Board, Chairman Holmes closed the Hearing at 7:25 pm.
* * * * * * * * * *
REGULAR MONTHLY MEETING
The
Regular Monthly meeting was called to order at 7:26 pm.
CHRISMAN/GAGE
– Chairman Holmes stated that he felt the three season room had to be a
condition for approval to decrease the square footage shortage and Member Mike
French agreed but asked the intention of the applicants. The Chrisman’s planned on an enclosed
deck/porch anyways and they’d be willing to add whatever is required to obtain
the variance. The Board Members
discussed the application and were in agreement that a motion to approve the requested 10% variance to
allow for the placement of an undersized manufactured home at 295 Rathburn
Road, Fulton, with the following express conditions: 1.) Construction of an
enclosed 12’ x7’ three season room/addition (three season room does not require
heating system); and 2.)Manufactured home to be installed, and addition to be
completed in 2011. The motion is moved
by Chairman Holmes and seconded by Member Linda Fadden, all were in favor by
unanimous vote with no discussion, motion
carried.
Vote:
Peter Holmes, Chairman Aye
Linda Fadden, Member Aye
Sam Trepasso, Member Aye
Peter LeoGrande,
Member Aye
Michael French, Member Aye
5 Ayes and 0 Nays – motion
APPROVED – Resolution 2011-04
THOMAS
& ROSEMARY LATINO – The Board Members discussed the application and were in
agreement that the Violation Notice was inappropriate to send 17 years after
the fence was built, and that the applicants shouldn’t incur any costs to alter
the fence at this time. Discussion
established that the Zoning Ordinance was in effect when the fence was built
and requires fencing to be at a maximum height of 6 feet, while at the same
time a building permit is not required. A motion
to approve the requested Area Variance to allow the existing fence to
remain on the property at the existing height of 8 feet, property is located at
1107 State Route 48, Fulton. The motion
is moved by Chairman Holmes and
seconded by Member Peter LeoGrande, all were in favor with no further
discussion, motion carried.
Vote:
Peter Holmes, Chairman Aye
Linda Fadden, Member Aye
Sam Trepasso, Member Aye
Peter LeoGrande,
Member Aye
Michael French, Member Aye
5 Ayes and 0 Nays – motion
APPROVED – Resolution 2011-05
A motion to approve the meeting minutes for August 23, 2011 was moved
by Chairman Peter Holmes and seconded by Member Linda Fadden, all were in
favor, motion carried.
With
no other business before the Board a motion to adjourn at 8:08 pm was moved
by Member Linda Fadden and seconded by Member Michael French, all were in
favor, motion carried.
Respectfully
submitted by:
Lisa
Somers, ZBA secretary
