TOWN OF GRANBY
ZONING BOARD OF APPEALS
Meeting Minutes
August 28, 2012
AGENDA: William Regan Public Hearing
Regular
Monthly Meeting
ROLL CALL: Peter Holmes present
– Chairman
Peter
LeoGrande present
Linda
Fadden present
Sam
Trepasso excused
Michael French present
Also Present: Peggy Regan (wife of William Regan), Lois
Conrad and Mrs. McCafferey.
The Board welcomed Member Fadden back after an extended
absence.
* * * * * * * * * *
PUBLIC HEARING
William Regan – 45 Chase Road, Fulton
Tax Map # 235.00-03-31
Chairman
Holmes opened the Public Hearing at 7:01
pm and asked the applicant to explain the requested variance. Peggy Regan stated that they would like to
remove the existing deck from the southwest corner of their home and replace it
in a different location. The new deck
would align with both the front and rear elevation lines of the home and would
extend 10’ further south. Mrs. Regan supplied
the Chairman with a letter from her husband, William Regan, who was unable to
appear at the meeting due to his work schedule.
The letter stated that he didn’t think the request was unreasonable
because even through financial hardship (he and his wife had been employees of
Nestles when it left – he regained employment in Syracuse at half pay) they had improved their
property over the years and this request would do the same. The new structure would be 15’ from the side
property line instead of only a few feet as it is currently, and additionally
it would be built to code. Two of the
neighbors, Lois Conrad and Mrs. McCafferey, were present and in favor of
granting the variance. Some discussion ensued by the Board Members regarding
the irregularly configured lot which sloped inward towards the east to a width
of only 38’- somewhat pie shaped. Mrs.
McCafferey, the neighbor directly south, discussed with the Board and Peggy
Regan the plan to swap portions of their properties to even out the parcel
dimensions. The families had discussed
it a few times in the past but were unaware of the procedure and had never
followed through. Chairman Holmes
explained that they would need to start the process by surveying the property,
but since it hadn’t been done before now it had little bearing on this request. Member French discussed the possibility of
the applicant and neighbor drafting a letter stating the plan to legally
reconfigure the property lines and providing a signed copy to the ZBA. Member Fadden was against having the
applicants write anything. Member French
stated that a self imposed condition doesn’t allow the granting of a variance
and if the property lines were to change, it would alleviate the
situation. Chairman Holmes stated that
when the property lines change the variance would be automatically nullified
because the variance is only attached to the original property. The variance wouldn’t be an issue, it would
then be compliant because of the new side property line location in respect to
the deck. Member French further stated
that he would not vote to approve the requested variance unless a signed letter
is provided stating intention to reconfigure property line within a time
frame. Discussion ensued and Member
Fadden stated that to request a letter was unethical and bordered on illegality,
which Member French responded to by saying that the applicants broached the
subject and offered to write the letter.
With out further comments from the public or the Board, the Hearing is
closed at 7:20 pm by
Chairman Holmes.
* * * * * * * * * *
REGULAR MONTHLY MEETING
The Regular Monthly meeting was called to order at 7:21 pm.
WILLIAM REGAN – Chairman
Holmes began the discussion of the Regan request by stating that the new
location would be more compliant than what is existing, and that the new
structure would be built to code, increasing the value of their property as
well as the neighborhood. The neighbors
were notified and no objections were received – a neighbor was additionally
willing to change property lines to ensure the variance be granted. Member French is in favor of the solution
offered by the applicant and would be willing to vote yes if the letter is
provided. Member Fadden again stated her
strong opposition to a letter. Chairman
Holmes also is against the applicants supplying a letter because it is
unenforceable and therefore meaningless.
Member French begins a discussion of other agreements the Board has
entered into with applicants, which Chairman Holmes countered with the fact
that they all involved building permits with eventual Certificate of Occupancy’s
to obtain which forces compliance with imposed conditions. Without any further
discussion from the Board Members a motion was moved by Chairman Holmes and seconded by Member Fadden to approve
the requested Area Variance of 25% or 5 feet for side set back distance to
construct a deck on existing home on property located at 45 Chase Road, Fulton.
Vote:
Peter Holmes, Chairman
Aye
Linda Fadden, Member Aye
Peter LeoGrande,
Member Aye
Sam Trepasso, Member Excused
Michael French, Member Nay
3 Ayes and 1 Nay – motion approved – Resolution 2012-05
TRAINING - The upcoming 4 hours of
training being offered through Oswego County Planning at the Oswego High School
on September 11th was discussed again – three Members, Peter Holmes,
Peter LeoGrande and Mike French, to be registered by secretary.
MINUTES
A motion to
approve the meeting minutes for June 26,
2012 was moved by Chairman Peter
Holmes and seconded by Member Peter LeoGrande, all were in favor, motion
carried.
.
With no other business before the Board a motion to
adjourn at 7:37 pm was moved by Member Linda Fadden and seconded by
Member Mike French, all were in favor, motion carried.
Respectfully submitted by:
Lisa Somers, ZBA secretary
