TOWN OF GRANBY ZONING BOARD OF APPEALS
Meeting Minutes
August 22, 2017
AGENDA: Borasky Public Hearing
Dingman Public Hearing
Regular Meeting
MEMBERS: Michael French, Chairman
Peter LeoGrande
Patricia Simmons
Tom Thompson
Sandra Farrands
ALSO PRESENT: David and Tracy Dingman, Mr. and Mrs.
Sokolic, Michael Borasky, Town Attorney Matthew Ward, Deputy Supervisor John
Snow and Town Councilor Tracy Doyle.
* * * * * * * * * * * * *
PUBLIC
HEARING
Use
Variance Request
Michael Borasky – 103 State Route
48, Phoenix
Tax Map #302.00-01-27
Chairman
French opened the Hearing at 7:00 pm and explained that Mr. Borasky had
requested a Use Variance to build a garage on his property which had been zoned
residential when he purchased the house and was rezoned as CIT more than ten
years ago. The Zoning Ordinance does not
allow a residential accessory structure, a garage, to be built on a lot zoned
CIT. Mr. Borasky’s first application
also required two area variances for front and side setback which the Board
denied because the requests were substantial.
The use variance was also denied for the location originally submitted. Mr. Borasky is now requesting only a use
variance for a proposed garage location that is compliant with all the setback
requirements. Mr. Borasky stated that
the garage has been relocated to the rear yard and has 15’ of separation,
compliant with fire code, between the new garage and the existing attached
garage. The CEO had also supplied an
updated use variance referral paper that indicates only a use variance is required
of the ZBA in order for the applicant to proceed with the building permit. Member Thompson questioned the type of septic
system that is drawn on the site plan and whether he had adequate distance to
the garage. Mr. Borasky stated that it
was a raised bed system and that the garage is 20’ from the toe of slope of the
raised ground. Chairman French opened
the Hearing to public comments, there were none, and the Hearing was closed at
7:04 pm.
* * * * * * * * * * * * *
REGULAR
MEETING
The
Regular Meeting was opened at 7:04 pm.
Michael Borasky – Without any further discussion from the Board Members a motion was moved by Member Thompson and seconded by Member Simmons to approve
the requested Use Variance and to extend a non-conforming use by building a
24’x28’ personal use garage in a CIT district located in the rear yard as
submitted on site plan dated 8/22/17, on property located at 103 State Route
48, Phoenix, NY 13135; Tax Map # 302.00-1-27 is hereby GRANTED.
A roll call vote was taken:
Michael French, Chairman Aye
Peter LeoGrande, Member Aye
Patricia Simmons, Member Aye
Tom Thompson, Member Aye
Sandra Farrands, Member Aye
5 AYES, 0 NAYES – Resolution
2017-10 – APPROVED
* * * * * * * * * * * * *
PUBLIC
HEARING
Use
Variance Request
David Dingman – 143 Wilcox Road,
Fulton
Tax Map #270.00-04-09.2
The
Public Hearing for David Dingman has remained open since the August 15th
meeting in order for the ZBA to consult with the Town Attorney and CEO of the
Town. The ZBA members resumed discussion
with the applicant at 7:07 pm. The
potential owners of the property, Mr. and Mrs. Sokolic, were introduced by
David Dingman, the applicant and current property owner, to allow the Board
members to ascertain the intentions of the new owners. Kristin Sokolic stated that she has two
horses that her family considers to be family pets and this property would
allow them to keep the horses instead of boarding them. She also stated that the horses provide
therapeutic benefit of relieving anxiety.
They do not plan on building or changing the property layout because the
existing pole barn is sufficient in size and adequately placed along the driveway
for ease of access. The driveway is
approximately 500’ long which provides a substantial setback from the roadway
and neighbors to lessen any impact the horses may have on the neighborhood. The property is 14 acres in size and shaped
like a long rectangle, the property in the rear is out of eyesight from the
road and will provide plenty of paddocks and pasture land. David Dingman stated that his property is
ideal for what the Sokolic’s intended use is because Granby is and has always
identified itself as a rural and agricultural Town. He purchased his property for that reason and
although he had never invested in animals, it came as a surprise that his
property had been rezoned and now prohibits ownership of any livestock. The ZBA members explained that the rezoning
had transpired more than 10 years ago and that legal notification via local
newspaper, articles and interviews in the Valley News, as well as several
well-attended public meetings were involved in the Town ‘s review and approval
process to update and change the zoning districts. The current Zoning Ordinance does not allow
the harboring of farm animals in the R-1 district and is why a Use Variance is
being requested. David Dingman stated
that the five criteria the ZBA has to base their determination on were
discussed at the last meeting and he was not in agreement with the statement
that the situation is self-created. He
emphasized that the Town changed the usage allowed on his property and that is
what created the hardship. Chairman French introduced the Town Attorney,
Matthew Ward, and asked for his legal interpretation of the Town Zoning Law in
regards to Mr. Dingman’s application.
Attorney Ward replied that based on the current Zoning Ordinance, the
requested Use Varianace should not be granted.
The issue is cut and dry from a legal standpoint, but the ZBA has the
ability to mitigate and weigh any attributing factors as it relates to this
single application. He also stated that
he was sympathetic to the desire to have access to the horses for the family
instead of boarding and the limited time it yields, and discussion by the Town
regarding present district lines may be warranted, but as the Town Attorney, he
firmly advises the Board to deny the applicant’s request to allow animals on a
property zoned R-1.
Chairman
French explained that the Town has had several issues with how the zoning
districts were formed and the limitations the residents have experienced due to
the changes in the allowable uses for each district. When Wal-Mart was built the Town began a
process to re-organize and update the zoning document to accommodate the hope
of a newly formed business district and increase the value of the Town. They also wanted to protect the valuable
natural resource of the Oswego River, and the properties that lie therein, as
to increase that existing housing stock and potential for development. In hindsight it appears that the future plan they
envisioned has not come to fruition and has instead prohibited the rural
enjoyment of the current property owners.
The Board members discussed the character of the property – located
along railroad tracks, backs up to a stream and vacant land, very few
neighbors, and a large parcel at 14 acres that was purchased before the change
of zoning to R-1. They were in agreement
that the property was more favorable for the activities of a rural and
agricultural nature than the activities an R-1 zoning designation elicits. Mr. Dingman asked if the property was
considered at all to be grandfathered for the farming that has occurred in the
back areas for years. The Attorney
replied that if chickens or other livestock had been harbored on the property
then it could be considered a pre-existing use but farming in general is not
specific enough to include livestock and the difference is depicted in the
Zoning Ordinance by different line items.
Member Thompson stated that it was becoming clear that the Town may have
imposed a hardship onto the residents’ years ago and is only now been brought
to light by the Dingman’s application. Chairman French was in agreement that many
areas in the Town were affected adversely by the changes made especially since
the plan didn’t develop in the manner that was forecasted. Chairman French stated that the Town needs to
reevaluate the direction for growth and realize the hardship the current
regulations are imposing onto the residents and make changes. The existing line that separates the R-1 and
A/R zoning districts is a railroad track that runs north to south through the
Town – was it arbitrarily chose? Would
State Route 48, which also runs north to south through the Town, be a better
border between the zones? It may not
impact as many of the rural properties with a restrictive R-1 status as the
current boundary line does.
The
issue before the ZBA is only the request for a Use Variance allowing horses on
an existing R-1 zoned parcel. If the
Board grants the Variance, the new owners would still need to appear before the
Planning Board for a Special Use Permit, which is a process required in the A/R
district which allows for harboring of livestock. The ZBA clerk, also the Planning Board clerk,
explained the process and timeframe briefly to the Sokolics’ and supplied them
with contact information. Chairman
French opened the Hearing to the public for comments as follows:
~ Town Councilor Tracy Doyle commented
about the redesign of the Town zoning and that it had been centered on the
Wal-Mart project and the newer subdivisions developed along the river. The arbitrarily chosen boundary line being
the railroad tracks allowed enough property to provide a wide buffer zone
between the agricultural odors and noises and the newer costly homes. It also provided property to expand the
residential developments west. Mr. Doyle
agreed with ZBA Member Thompson in that the Town had created the hardship on
Mr. Dingman in restricting his usage of a large property to only a single
residence. He stated that the zoning law
needs to be tweaked and that the Town Board has the authority to change the
Town laws. He concluded by stating he
was in favor of the Use Variance request and urged the ZBA to approve it.
With
no further public or board member comments, a motion was moved by Member
Thompson to close the Hearing at 7:25 pm. The motion was seconded by Member
Simmons, all were in favor and the motion carried.
* * * * * * * * * * * * *
REGULAR
MEETING
The
Regular meeting was reopened at 7:25 pm.
David Dingman – Chairman French was concerned
with the precedent that may be set with an approval of this Use Variance and
solicited advice from the Town Attorney.
Matt Ward replied that each application request before the ZBA is
deliberated and decided upon by its individual merits therefore a precedent
which implies that an earlier decision becomes an example to be followed is
erroneous. The outcome of such an
approval though could be that more residents apply for non-permitted uses and
are referred to the ZBA by the Codes Enforcement Office. Member Thompson commented that any requests
in the future would be based on the situation encountered on the parcel in
question and decided similarly if the property warranted such consideration.
Without any further discussion from
the Board Members a motion was moved by
Member LeoGrande and seconded by Member Thompson, to accept the Use
Variance request to allow the stabling of horses for non-commercial purposes on
property located at 143 Wilcox Road, Fulton, NY 13069; Tax Map # 270.00-04-09.2
is hereby GRANTED.
A roll call vote was taken:
Michael French, Chairman Aye
Peter LeoGrande, Member Aye
Patricia Simmons, Member Aye
Tom Thompson, Member Aye
Sandra Farrands, Member Aye
5 AYES, 0 NAYES - Resolution 2017-11 - APPROVED.
MINUTES
A motion was moved by Member LeoGrande to approve the meeting minutes for August
15, 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 7:31 pm was moved by
Member LeoGrande and seconded by Member Farrands, all were in favor and the motion carried.
Respectfully
submitted by:
Lisa
Somers, ZBA secretary
