TOWN OF GRANBY ZONING BOARD OF APPEALS
Meeting Minutes
April 24, 2012
AGENDA: Continuation of Houle Company, LP Public
Hearing
Acker Public
Hearing
Regular
Monthly Meeting
ROLL CALL: Peter
Holmes present – Chairman
Peter
LeoGrande present
Linda
Fadden excused
Sam
Trepasso present
Michael French present
Also Present: John Houle and Jackie Frost for the Houle
Company and Michael Acker.
* * * * * * * * * *
PUBLIC HEARING
Houle Company, LP – 307
Rathburn Road, Lot # 34, Fulton
Tax Map # 217.00-04-04
Chairman
Holmes reconvened the Public Hearing at 7:02 pm and asked the applicant to continue
presenting their case for a front setback variance. John Houle, who was unavailable for the March
meeting, explained the events leading up to the time he was notified that a variance
was required. He had not only received a
building permit after a site meeting regarding the concrete piers with Russ
Getman and CEO Dave Rearick, but also a temporary C of O. Mr. Houle stated that had he known there was
an issue with the front dimension he could have developed a different lot or
placed a single wide unit instead. He
further stated that he should have been notified by the CEO at the beginning of
the process or at least at the site meeting with the CEO and Mr. Getman,
certainly not after approximately $10,000 has been invested in setting and
finishing the home. The home has already
been moved into by the new tenants and simply removing the home isn’t a viable
option at this point. Chairman Pete
Holmes stated that he had spoken with CEO Rearick previous to the meeting and
was sufficiently satisfied that the CEO had been in error when issuing the
building permit and the effort to impose the zoning requirement after the fact
creates an undue hardship on the applicant.
Documents copied from the building permit file support that the front
setback distance was not established or known but the permit was issued and
work commenced through obtaining a temporary C of O. John Houle stated that he had field measured
the distance between the front face of the home to the edge of the pavement before
today’s meeting – it measures 40’. With
out further comments from the public or the Board, the Hearing is closed at
7:15 pm by Chairman Holmes.
* * * * * * * * * *
PUBLIC HEARING
Michael Acker – 145
Rathburn Road, Fulton
Tax Map # 234.00-02-15.02
Chairman
Holmes opened the Public Hearing at 7:16 pm and read the Legal Notice aloud
into the record. Michael Acker began
explaining that he had purchased a mobile home from Craigs list to place on
property also recently purchased and soon found out that he wasn’t allowed to
proceed by the Codes Office. The mobile
home was advertised to be 1,000 sq ft, but is actually only 720 sq ft – 240 sq
ft less than required. The property
(2.34 acres) was bought at auction for $4,500, the existing mobile was
demolished and removed for approximately $500.00, and the new mobile was $3,000
– essentially all of their savings and some borrowed from parents. The lot has a concrete pad, well, septic and
power existing already therefore Mr. Acker planned to hook-up and move his
family in, but a stop work order was issued.
The applicant is unable to purchase a larger home - paying utilities at
the existing home while developing this temporary solution (future plan to
replace with modular in a couple of years) has left them without cash to change
plans at this time. Board Members
questioned the open deck on the site plan and Mr. Acker explained that it was
free-standing with the previous home and was freestanding so they kept it. Some discussion ensued about enclosing it
either as a single 240 sq ft structure or breaking it into 2 units that are
enclosed totaling 240 sq. ft., which Mr. Acker was agreeable to. The Hearing was closed by Chairman Holmes at
7:28 pm with no further questions from the Board or the public.
* * * * * * * * * * * *
REGULAR MONTHLY MEETING
The
Regular Monthly meeting was called to order at 7:30 pm.
HOULE COMPANY, LP – The Board Members briefly
discussed the application and were in agreement that without a site plan having
been obtained with the original building permit application, the applicant
couldn’t be held to the regulation after the fact. A
motion was moved by Chairman Holmes and seconded by Member Trepasso, the requested Area Variance of 25% or 12.5 feet for the front
yard setback requirement for placement of a manufactured home on property
located at 307 Rathburn Road is hereby granted with the following express
conditions:
1. Once the current manufactured home is removed
from Lot #34, the variance is null and
void.
2. Variance is for Lot #34 specifically and does
not extend to any other lot or dwelling on Rathburn Road.
All were in favor
without further discussion, motion
carried.
Vote:
Peter Holmes, Chairman
Aye
Linda Fadden, Member Excused
Peter LeoGrande,
Member Aye
Sam Trepasso, Member Aye
Michael French, Member Aye
4 Ayes and 0 Nays –
motion approved – Resolution 2012-02
.
MICHAEL ACKER – The Board Members
briefly discussed the application. A motion was moved by Member French and seconded by
Member LeoGrande to approve the requested Area
Variance to allow for the placement of an undersized manufactured home on
property located at 145 Rathburn Road with the following express conditions:
1.)
Construction of a 240 square foot minimum, three season room/addition (three
season room does not require heating system).
2.)
Home to be installed and addition to be completed by June 2013.
All were in favor without
further discussion, motion carried.
Vote:
Peter Holmes, Chairman
Aye
Linda Fadden, Member Excused
Sam Trepasso, Member Aye
Peter LeoGrande,
Member Aye
Michael French, Member Aye
4 Ayes and 0 Nays –
motion approved – Resolution 2012-03
PRIVILEDGE OF THE FLOOR
Discussion ensued
amongst the Board Members regarding the heated and loud discussion between the
Code Enforcement Officer Dave Rearick and the ZBA Chairman Peter Holmes. Although the CEO was specifically invited to
the meeting after tabling last months meeting to obtain information from the
Codes Office, Mr. Rearick chose to leave before the ZBA meeting started but
left the project file for review.
Chairman Holmes had been loudly accused by the CEO of ‘trying to hang
him’ which was untrue, and Member Trepasso voiced ethics concerns regarding the
behavior of CEO Rearick with the ZBA Members and the public.
MINUTES
A motion to
approve the meeting minutes for March 27,
2012 with correction ( Member Trepasso
listed as absent – change to present) 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 7:58 pm was moved by Member Sam Trepasso and seconded by
Member Mike French, all were in favor, motion carried.
Respectfully submitted by:
Lisa Somers, ZBA secretary
