TOWN OF GRANBY ZONING BOARD OF APPEALS
Meeting Minutes
September 18,
2018
AGENDA: Pacific Health Club Inc. Public Hearing (Tabled
at 9/11/18 meeting.)
Regular Meeting
MEMBERS: Michael French, Chairman
Peter LeoGrande - absent
Patricia Simmons
Tom Thompson - absent
Tina Sawyer
ALSO PRESENT: Maureen Krol of Pacific Health Club and
neighbors to the north.
Chairman
French opened the meeting at 7:06 pm with three members present establishing a
quorum of the membership.
* * * * * * * * * * * * *
PUBLIC
HEARING
Use
Variance Request
Pacific Health Club Inc. –2107
State Route 48, Fulton
Tax Map #201.20-01-04
Chairman
French reconvened the Public Hearing that had been tabled on September 11, 2018
at 7:06 pm. The Board addressed the
people intending to lease the property to understand their planned business
operation. They had more than 15 years
experience in running a restaurant and plan to open for breakfast, lunch and
dinner service of American food, much akin to a diner. They would like to have large social events
in the future if the business is successful and that would necessitate the need
for a liquor license. The interior of
the building is all that they are leasing currently. Discussion ensued regarding the future plans
and what other uses would need to be considered. The neighbors voiced concerns of late hours
and noise from music and patrons hanging around outside on the grounds and in
the parking area. The applicants stated
that the restaurant business wouldn’t generate outdoor activity and the doors
of the building would remain closed to contain any noise generated. Any special events would also be contained
within the building which prompted discussion of using the gazebo which is
located outside and not part of the current proposed lease. The outdoor activity was critical to
understand because it would create the largest impacts on the neighboring
parcels. The gazebo and grounds were
intended for social gatherings and the Board members felt that a compromise of
allowing ceremonies to occur outside while diner and entertainment commences
afterwards inside the structure would greatly decrease the impacts perceived by
the neighbors.
Maureen
Krol offered that the owners should be notified of any activities planned for
the exterior area since they would ultimately be responsible for maintaining
compliance with the Town regulations.
The Board was resolute that outdoor music, concerts and/or bands would not
be allowed. Without further comments
from the public, Chairman French closed the Public Hearing at 7:18 pm.
* * * * * * * * * * * * *
REGULAR
MEETING
Pacific Health Club Inc. -
Chairman
French began the deliberations by reading aloud the criteria that the Board
must consider when reviewing variance requests.
1. Alleged hardship is not
self-created. The property was developed
commercially before zoning was established in the Town.
2. Request will not alter character
of the neighborhood. The property
existed for many years as a bowling alley and then as a restaurant and banquet
facility within the existing residential neighborhood without issue; the proposed
use is similar but will not have the level of outdoor activity that previously
existed to assist in establishing a harmonious relationship with the neighbors. The general area has increased traffic due to
the golf course and Floody’s establishment which supports the proposed
commercial usage of this property.
3. Hardship is unique and does not
apply to a substantial portion of the district.
The development along State Route 48, which was rezoned to a restrictive
R-1 district, has been sporadic and applies to only a few properties on both
sides of the City of Fulton. The Town
benefits keeping the commercially developed entities on the tax roll if the
proposed usage can be controlled to have little impact on the adjacent
parcels. Vacant commercial buildings can
become safety hazards and eyesores.
4. Applicant cannot realize a
reasonable return financially because of the zoning designation. The cost to demolish and remove the current
structures and paved areas would surpass the ability to develop a residential
structure, especially when there is an ample supply of vacant parcels in the
Town.
The
Board members and applicants settled on terms of usage and hours of operation
that would eliminate the late hour activity associated with nightclubs and bars
which the residential neighbors were concerned with. There was some discussion that later night
hours tend to involve the potential for increased safety measures for employees
and customers and can become problematic for neighboring properties. The restaurant would be open to 8:00 pm and
any social or special events would be allowed to continue until 11:00 pm.
The
Board members reviewed the short form EAF for SEQR requirements. The applicants had completed Part 1 with the
assistance of the DEC’s EAF Mapper worksheet for the environmental details. The Board members read Part 2 aloud and
determined that the proposed project, classified as an Unlisted Action, would
not have any adverse environmental impacts.
A motion was moved by Member Simmons for a SEQR
Negative Declaration, which was seconded by Member Sawyer, all were in favor
and the motion carried.
Without any further discussion
from the Board Members, a motion was moved by Member Sawyer and seconded by
Member Simmons, to approve that the Use Variance request to allow the
commercial usage of a restaurant and banquet facility in the R-1 zoning
district on property located at 2107 State Route 48, Fulton, NY 13069 Tax Map
#201.20-01-04 is hereby GRANTED with
the following express condition:
1.) Restaurant
Hours are 6:00 am to 8:00 pm.
2.) Special
Events Hours extended to 11:00 pm.
3.) All
activity is to be inside building only.
4.) Allowing
the use of outside gazebo for Special Events, usage to be for ceremony only.
5.) Inside
music limited to DJ and Karaoke, no bands or live music.
6.) No
outside music, concerts or band performances allowed.
7.) Allowing
for future bar/liquor use in accordance with NYS Laws. Business Hours to remain 6:00 am to 8:00 pm;
and Special Events Hours remain extended to 11:00 pm.
A roll call vote was taken:
Michael French, Chairman Aye
Peter LeoGrande, Member Absent
Patricia Simmons, Member Aye
Tom Thompson, Member Absent
Tina Sawyer, Member Aye
3 AYES 0 NAYES 0 ABSTENTIONS – Resolution
2018-03 - APPROVED
ADJOURN
With
no other business before the Board a motion
to adjourn at 7:29 pm was moved by
Member Sawyer and seconded by Member Simmons, all were in favor and the motion carried.
Respectfully
submitted by:
Lisa
Somers
ZBA
secretary
