TOWN OF GRANBY ZONING BOARD OF APPEALS
Meeting Minutes
November 9, 2017
AGENDA: Schultz Public Hearing
Regular Meeting
MEMBERS: Michael French, Chairman
Peter LeoGrande
Patricia Simmons
Tom Thompson
Sandra Farrands
ALSO PRESENT: James Schultz, Timothy & Kimberly Doyle,
Jim Paterson, Joe Paterson, Gary Macy and Town Councilor Tracy Doyle.
* * * * * * * * * * * * *
PUBLIC
HEARING
Area
Variance Request
James Schultz – 768 State Route
48, Fulton
Tax Map #270.04-02-02
Chairman
French opened the Hearing at 7:05 pm. The
applicant stated that he would like to build an 11’x24’ lean to structure on
the south side of his garage which is 12.4’ from the side property line as
drawn on the submitted survey map of the property. The request is for an 18.6’ variance from the
south property line which is substantial.
Mr. Schultz explained that the lean to would be to store a pontoon boat
for the winter season and would utilize an existing retaining wall as a
foundation. He planned to install posts
to support a roof at 11’ from the garage, utilizing the retaining block
structures for support. The lean to
structure would have no walls and have a 1’ over hang making the addition size
12’x24’. The Board members commented
that the roof would dump rain and snow directly onto the neighboring property
whose driveway runs along the same property line. Member Thompson questioned the construction
plans and stated that a steel roof at a 4/12 pitch would most likely shed snow
onto the neighboring property. Mr.
Schultz replied that the roof pitch is just under a 4/12 at a 3/5, and doesn’t
believe the snow would jump 10’ to the edge of the driveway.
At
this time, 7:10 pm, Chairman French opened the Hearing for public comments as
follows:
1. Tim Doyle – Property owner to the
south whose driveway is directly affected by the proposed lean to
structure. Mr. Doyle stated that the
prefabricated concrete blocks were placed on the property line without a building
permit or inspection and is virtually permanent because of their weight and
size. The applicant installed the
retaining wall without informing the Town or the neighbors, and the heavy
equipment used to place the blocks destroyed his yard, as they used his yard to
place the blocks. Mr. Doyle stated that
he believes snow and rain will affect his driveway if the structure is built. He has lived there for more than 10 years and
has always received a building permit when work was done and is upset that Mr.
Shultz fails to get a building permit with every project he starts. The lean to was already mostly built when the
CEO became involved and feels that the structure should be torn down due to
failure to comply with Town regulations.
2. James Patterson – A property
owner on the road. Mr. Patterson
communicated that Mr. Doyle was not a good neighbor and had issues with many of
the neighbors. He stated that the impact
that Mr. Shultz’s activities have created is much exaggerated by Mr. Doyle. Although it is probable that the lean to
could drop snow onto the Doyle property, it would not jump 10’ to the
driveway. He added that in the 23 years
he has lived there, the cottage owned by Mr. Doyle is vacant in the winter
without any in or out traffic, again stating that the impact is exaggerated.
The
applicant, James Shultz, stated that he measured the driveway at 10 feet from
the property line and conceded that the lean to roof would shed water and snow
onto the property line area and no further.
He is willing to place a rain gutter on the structure as well as add
snow stops to eliminate large sheets of snow or ice from leaving the roof. Chairman French asked if the applicant would
be willing to use asphalt shingles instead of steel to help control the accumulation
of snow onto the neighboring property.
Tim Doyle was adamant that the driveway was closer than 10’ and was dead
set against the structure being allowed.
Member Thompson asked Mr. Shultz if he could drive through it, and if
not, was there any other point of access for the back yard allowing a different
location for a storage space.
Mr.
Shultz replied that the property slopes towards the river once you get beyond
the house, making it difficult and costly to build there and a storage shed
would block the view, which is the reason he bought the property. The proposed location for the lean to is
aesthetically pleasing because it maintains the building line of the existing
house and garage, it also is least costly because a foundation exists and a wall
to attach to exists whereas another location would be a complete build. Tim Doyle stated that he plans to build a
home in the future that would be located at the top of the lot as are all the
neighboring properties and that the lean to encroachment would inhibit the
ability for him to develop his property with a primary structure rather than
just an accessory use. He expressed that
there should be a penalty for residents that consistently do not follow the
Town’s regulations, and building the lean to was nearly completed when the
Codes Office became aware of it and stopped any further work without obtaining
a variance from the ZBA. The Board would
need to get more information from the CEO to determine the history of the
property including the retaining wall. Mr.
Schultz stated that he had purchased the property in August of 2013 and the
retaining wall had been installed previous to his purchase, he therefore did
not have information regarding its installation. A motion
was moved by Member Thompson to
table the Hearing until Monday November 20th at the Community
Center. The motion was seconded by
Member LeoGrande, all were in favor and the motion carried.
* * * * * * * * * * * * *
REGULAR
MEETING
The
Regular meeting was opened at 7:32 pm. Members Thompson and LeoGrande agreed that the
design directly and adversely affects the neighbor’s property. The applicant is willing to mitigate by using
a rain gutter and snow stops but the substantial encroachment at 1.4 feet from
the property line suggests that the neighboring property should not be further
burdened. Chairman French agreed and
suggested that changing the roof direction so that it dumped snow and water
onto Mr. Shultz’s own property would eliminate the need for any further
mitigation. The Board members discussed
the homes in the neighborhood which are all well maintained, landscaped and
slender riverfront lots that have homes and garages squeezed within the
property lines and encroach upon the 20’ side setback. Chairman French stated that a finished
product that matched the current rooflines would improve property values where
a lean to may not. Mr. Doyle commented
that he is already closer than the regulations allow, and if he builds he’ll be
too close – the setbacks established by the Town should be enforced. Member LeoGrande stated that the applicant
was asking for too much variance and that he should try to find a different
location on the property to build.
Member Thompson stated that the retaining wall to be used as a
foundation needs some investigation as far as when it was built, what it is
made of and whether the CEO approves it as a suitable foundation to support a
3/5 sloped roof with snow weight.
MINUTES
A motion was moved by Member Farrands to approve the meeting minutes for October
17, 2017. The motion was seconded by
Member Simmons, all were in favor without further discussion and the motion carried.
ADJOURN
With
no other business before the Board a motion
to adjourn at 8:55 pm was moved by
Member Thompson and seconded by Member Farrands, all were in favor and the motion carried.
Respectfully
submitted by:
Lisa
Somers, ZBA secretary
