TOWN OF GRANBY ZONING BOARD OF APPEALS
Meeting Minutes
July 17, 2018
AGENDA: Fatcheric Public Hearing
Regular Meeting
MEMBERS: Michael French, Chairman
Peter LeoGrande
Patricia Simmons
Tom Thompson
Tina Sawyer
ALSO PRESENT: John & Marie Fatcheric, Jody Barden and
Kristin Pierce..
Chairman
French opened the meeting at 7:00 pm.
A
couple of neighbors that received notification letters were present at the
meeting because they thought they had to be because the letter had been certified
mail. The Chairman explained that NYS
Town Law requires notification to neighboring properties when an application
dealing with the land usage is received and processed by the ZBA. The same letter template has been used
without issue, but in light of the misunderstanding, the clerk will add
additional language to clarify the purpose.
* * * * * * * * * * * * *
PUBLIC
HEARING
Area & Use Variance Requests
John & Marie Fatcheric –3
Terry Lane, Fulton
Tax Map #302.00-01-06
Chairman
French opened the Public Hearing at 7:01 pm.
The application involves several variances that the Board must consider
in regards to the replacement of a manufactured home after suffering damage
after a house fire, they are as follows:
Section
VI, Subsection C – Non-Conforming Buildings and Uses – Restoration;
Section
XI - Definition of a Lot;
Section
III – Use Chart – Manufactured Homes in the R-1 Zoning district.
John
Fatcheric approached the Board and explained that a single wide manufactured
home suffered fire damage and he would like to replace it with a new single
wide manufactured home in the same footprint.
His grandkids reside in the home and for their safety as well as
investing in a better quality structure that enhances the neighborhood he would
prefer to buy a new structure. The
current home is old, from the 70’s, and the entire structure would need
rewiring and other upgrades from smoke and water damage which is costly and
another reason why he would rather invest in a new home. The zoning change for his district does not
allow for single wide homes any longer and the cost for a doublewide exceeds
the current ability. The Zoning
Ordinance allows him to rebuild what is there because of the fire damage and
the pre-existing status of the structure, but he would like a variance to allow
him to replace. The applicant had
supplied a map of his property that is odd shaped and has three existing homes
located on it with a dirt driveway for access to all three. The Board members discussed how the three homes
came about when the law only allows for a single residence or principal use per
parcel. Mr. Fatcheric explained that the
single wide that his grandchildren live in and the house that his father lives
in (depicted as a shed on the site plan) existed for many years before the
zoning was changed. The third house
(doublewide) is his and was installed in 2014 with a building permit issued
from the Codes office after he subdivided the front parcel but retained access
with an easement on the dirt driveway. Discussion
ensued amongst the Board members to decipher what is needed for the applicant
to receive relief. The members agreed to
table the Hearing in order for the following issues to be investigated:
1. How many homes are on the
property?
2. Was a subdivision filed because
the tax map does not show two parcels?
3. Replacement versus Rebuild?
Chairman
French tabled the Public Hearing until Tuesday, July 24, 2018 at 7:00 pm
ADJOURN
With
no other business before the Board a motion
to adjourn at 8:03 pm was moved by
Member Thompson and seconded by Member Simmons, all were in favor and the motion carried.
Respectfully
submitted by:
Lisa
Somers
ZBA
secretary
