TOWN OF GRANBY ZONING BOARD OF APPEALS
Meeting Minutes
May 1, 2017
AGENDA: Hoffman Public Hearing
Cornish Public Hearing
Regular Meeting
MEMBERS: Michael French, Chairman
Peter LeoGrande - absent
Patricia Simmons
Tom Thompson
Sandra Farrands
ALSO PRESENT: Earl Hofmann, Lynn Waloven, Tammy Brown, John
and Ruth Cornish, Town Councilor Lori Thrall and CEO Dave Hanford.
Chairman
French opened the Regular meeting at 7:00 pm.
* * * * * * * * * * * * *
PUBLIC
HEARING
Earl Hofmann – 139 German-Dale
Drive, Fulton
Tax Map # 269.00-01-09.09
Chairman
French opened the Public Hearing at 7:01 pm and asked Mr. Hofmann and his
daughter, Lynn Waloven, to present his variance request to the Board members. The applicant is requesting a side setback
variance to build a 28’x30’ garage 15.6’ from the property line instead of the
required 20’. The Board members asked
why the garage couldn’t be moved the 5’ and negate needing a variance. Mr. Hofmann replied that there is a large tree
located by the house that he and his wife do not want to cut down because it
provides much needed shade. The septic
area is also located to the west of the proposed garage location and Mr.
Hoffman does not want to encroach upon it either. The neighboring property owner, Tammy Brown,
is Mr. Hofmann’s daughter and has no objections to the placement of the
garage. Ms. Brown’s driveway is not
located in the same area so there is no conflict for egress. Mr. Hofmann explained the design of the
garage and that it would have two overhead doors and a single entrance door on
the side. Without further discussion by
the Board or attending public, Chairman French
closed the Hearing at 7:05 pm.
* * * * * * * * * * * * *
PUBLIC
HEARING
John Cornish – 19 German-Dale
Drive, Fulton
Tax Map # 269.00-01-10.04
Chairman
French opened the Hearing at 7:06 and asked Mr. Cornish to present his request
for a rear setback variance. John
Cornish stated that he and his wife would like to install a 24’ aboveground
pool with a 12’x16’ deck on the east side of the pool in their backyard but
because of the lot dimensions (360’ wide x 140’ deep) the rear yard is somewhat
narrow. The existing septic system is to
the west of the proposed pool location, and a well and underground electric
line is on the east side of the garage which forces the pool location to be
directly behind the house. Along the
rear property line, a row of 20’ high evergreen trees exist to provide privacy,
therefore the applicant’s feel the encroachment would be minimally invasive to
the residents behind them. After some
discussion between the Board members regarding the dimensional requirement of
50’ for a rear setback, which is equal to the front setback requirement, it was
decided that 50’ seems excessive for a minimum required lot size of 1 acre,
especially if the property is rectangular shaped. Chairman French stated that he would speak
with the Planning Board about the ZBA’s concerns that 50’ for rear setback is
excessive and maybe revise that requirement while they are revising the Zoning
Ordinance. Without any further
discussion from the Board or the public, Chairman French closed the Hearing at
7:12 pm.
* * * * * * * * * * * *
REGULAR
MEETING
The
Regular meeting was reopened at 7:12 pm.
Earl Hofmann – Without
any further discussion from the Board Members a motion was moved by Member
Tom Thompson and seconded by Member Sandra Farrands to accept the Area Variance
request by Earl Hofmann to construct a 28’x30’ garage located 15.6’ offset from
the side property line (5’ variance) on property located at139 German-Dale
Drive, Fulton, NY 13069; Tax Map # 269.00-01-09.09 is hereby GRANTED with the following express
conditions: NONE.
A roll call vote was taken:
Michael French, Chairman Aye
Peter LeoGrande, Member Absent
Patricia Simmons, Member Aye
Tom Thompson, Member Aye
Sandra Farrands, Member Aye
4 AYES 0 NAYES – Resolution
2017-01 - APPROVED
John Cornish – Without
any further discussion from the Board Members a motion was moved by Member
Sandra Farrands and seconded by Member Patricia Simmons to accept the Area
Variance request by John Cornish to install a 24’ pool and deck at a location
22’ offset of rear property line (28’ variance) on property located at 19
German-Dale Drive, Fulton, NY 13069; Tax Map # 269.00-01-10.04 is hereby GRANTED with the following express
conditions: NONE.
A roll call vote was taken:
Michael French, Chairman Aye
Peter LeoGrande, Member Absent
Patricia Simmons, Member Aye
Tom Thompson, Member Aye
Sandra Farrands, Member Aye
4 AYES 0 NAYES – Resolution
2017-02 - APPROVED
Zoning Ordinance Interpretation -
CEO Dave Hanford
was present at the meeting to explain that he received three building permit
applications from a single owner for three different locations to install signs. The owner is Fulton Mobile Home Parks Inc.
and the signs are for three existing mobile home parks in Granby. One of the signs is new for Somerlawn, which
is located in an R-1 district and is noncompliant for size. The other two signs are located in the A/R
district and A-1 district which the Zoning Ordinance does not specify conditions
clearly enough to the satisfaction of the CEO for him to make a determination
and process the building permits. The
CEO is asking the ZBA for an Interpretation of Zoning Ordinance - Section V,
Subsection E-1: Sign Regulations in Residential Districts. The ZBA decided to hold a work session on May
16, 2017 to review the ordinance and discuss such with the Town Attorney,
Matthew Ward. The secretary will
advertise the meeting and contact the attorney to attend.
MINUTES
A motion was moved by Member Simmons to approve the meeting minutes for March 29, 2017. The motion was seconded by Chairman French,
all were in favor without further discussion and the motion carried.
ADJOURN
With
no other business before the Board a motion
to adjourn at 7:46 pm was moved by
Member Simmons and seconded by Member Thompson, all were in favor and the motion carried.
Respectfully
submitted by:
Lisa
Somers
ZBA
secretary
