TOWN OF GRANBY ZONING BOARD OF APPEALS
Meeting Minutes
August 15, 2017
AGENDA: Dingman Public Hearing
Regular Meeting
MEMBERS: Michael French, Chairman
Peter LeoGrande
Patricia Simmons
Tom Thompson - absent
Sandra Farrands
ALSO PRESENT: David and Tracy Dingman, John and Shawna Nye,
Deputy Supervisor John Snow and Planning Board Chairman Paul Ketchum.
Chairman
French opened the Regular meeting at 7:03 pm.
* * * * * * * * * * * * *
PUBLIC
HEARING
David Dingman – 143 Wilcox Road,
Fulton
Tax Map #270.00-04-09.2
Chairman
French opened the Public Hearing at 7:03 pm and asked Mr. Dingman to present
his Use variance request. David Dingman
stated that he is requesting a Use Variance for his property on Wilcox Road to
allow stabling of horses because a prospective buyer for his property has
signed a purchase offer with a contingency that horses be allowed. The property was purchased in 2001 before the
zoning district was changed by the Town from agricultural to R-1, which doesn’t
allow any farm animals. His property borders the line between the R-1 district
and the A/R district which does allow farm animals. Mr. Dingman stated that the property is 14
acres with a 500’ driveway and an existing 16’x25’ garage located behind the
house, the presence of horses would not be noticeable or create a change in the
existing neighborhood which is rural.
The property is bordered by only one residence to the west, Ox Creek to
the north and the railroad tracks which delineates the two zoning districts is
the east border of the property. For
these reasons he is asking for a variance to allow horses. Board member Pete LeoGrande asked about the
person buying the property and what their intentions would be. The prospective buyers have two horses
currently that have been family pets for years; they are not looking to
purchase more horses or start a commercial venture, only to stable their family
pets. Member LeoGrande also asked about
the building in the back of the property, which Mr. Dingman stated was a garage
but could be easily converted to use for horses prior to construction of a
barn. Chairman French stated that the
ZBA has parameters and guidelines that they must follow when reviewing a
variance request and that the hardship which relief is being sought for cannot
be self-created. The Variance is being
requested because the property is being sold to a buyer that wants to use the
property in a way that is not allowed which makes the request a self-created
hardship. Mr. Dingman objected and
stated that the hardship was created by the Town when they rezoned the property
without informing them. Chairman French
explained that the rezoning had occurred several years ago but that all
property owners in the Town were notified by letter. The changes involved many work sessions open
to the public as well as several Public Hearings, therefore notification to the
public had been executed as required by State Law. Chairman French further stated that he wanted
to leave the Hearing open to allow the Board time to investigate the
possibility of the Town changing the zoning district boundaries in the future
as well as consult with the Town Attorney.
If there is a possibility of the Town changing the boundary of the R-1
and A/R districts from the arbitrary border of the railroad tracks running
north and south through the Town to nearer State Route 48, which also runs
north and south, then the ZBA could have some leeway in granting a variance. Planning Board Chairman, Paul Ketchum, was
present and stated that the Planning Board was not working on any rezoning of
the Town currently. He further stated
that a modification of the Use Chart to require a Special Use Permit would
provide review of parcels on an individual basis and permit conditions to be
established when necessary. Chairman
French asked for any public comments at this time. The property owners
neighboring the Dingmans were present and although in support of the variance
they voiced concerns of the smell a farm could produce. They commented on the smell from nearby
Jo-Dale Farms and stated they would not be in favor of the variance if the
neighboring property became a farm. A
concern was that if horses are allowed, then why not chickens and pigs later on
and then before you know it you have a farm.
It was explained that a permitted use of stabling horses would not be
the same scale as Jo-Dale Farms, which is a NYS Certified Farm and Agricultural
District. The Board Members discussed a
future date to reconvene and conclude the Hearing after the applicant requested
a timeframe to allow his buyer the ability to get a decision and proceed with
the purchase offer on the property. A
meeting for another ZBA Hearing was already scheduled for the following Tuesday
August 22nd, therefore Chairman French stated that the Public
Hearing for Mr. Dingman would remain open until August 22nd at 7:00
pm, allowing the Board to investigate
further, consult the Town Attorney and reconvene for discussion.
* * * * * * * * * * * * *
REGULAR
MEETING
The
Regular meeting was reopened at 7:25 pm.
MINUTES
A motion was moved by Member Simmons to approve the meeting minutes for August 8,
2017. The motion was seconded by Member
Farrands, all were in favor without further discussion and the motion carried.
ADJOURN
With
no other business before the Board a motion
to adjourn at 7:30 pm was moved by
Member Farrands and seconded by Member Simmons, all were in favor and the motion carried.
Respectfully
submitted by:
Lisa
Somers, ZBA secretary
