TOWN OF GRANBY ZONING BOARD OF APPEALS
Meeting Minutes
December 18, 2018
AGENDA: Gary Royce Jr. and Shawn Malone Public
Hearing
Regular Meeting
MEMBERS: Michael French, Chairman
Peter LeoGrande
Patricia Simmons - absent
Tom Thompson
Tina Sawyer
ALSO PRESENT: Gary Royce Jr. and Helen Rudes.
Chairman
French opened the meeting at 7:00 pm.
Chairman French stated that he would abstain from tonight’s vote because
he has a business relationship with the applicant, Shawn Malone.
* * * * * * * * * * * * *
PUBLIC
HEARING
Area
Variance Requests
Gary Royce Jr. – Peat Bed Road
near County Route 8, Fulton,
Tax Map #252.00-1-5;
Shawn Malone – Peat Bed Road near
County Route 8, Fulton,
Tax Map #252.00-1-4 and
#252.00-1-7.
Chairman
French opened the Public Hearing at 7:01 pm and asked the applicant to explain
the variance requested. Gary Royce explained
that the property he and Shawn Malone surrounds the Town’s property along
County Route 8 which contains the water tower.
Both applicants have applied to the Planning Board for special use
permit approval for sand and gravel excavation/mining, and have applied to the
DEC for an MLR Permit. The Town
regulations requires a 40’ setback from property lines but the applicants would
like to establish top of slope at the property line instead. The current topography of the applicant’s
property(s) and the Town property is somewhat dangerous in that many banks
twenty feet or higher exist. Originally,
the applicants had approached the Town to purchase a subdivided parcel south of
the water tower that would allow them additional mining area but also would allow
them to regrade the entirety to a manageable 1on 2 slope as was directed by the
DEC. The parties weren’t able to negotiate a deal and the applicant’s have
revised their individual site plans to reflect grading to begin at the property
lines. Chairman French asked why the
Town didn’t agree to a sale, Mr. Royce answered that there had been concerns by
OCWA about impacts to the water tower and encroachment into a swale area
designed for drainage of overflow to prevent ponding behind (south) of the
tower. Gary Royce explained that approval of the latest site plan design would
create gentle slopes with highest elevation surrounding the Town property. He also stated that maintaining the 40-feet
setbacks would create even taller slopes than what exists – the end result
would be similar to a berm area.
Chairman French asked where the waterline was located; Shawn Malone
replied that it runs along the north side of Peat Bed Road and its location
will be added before submitting to the planning board. The ZBA suggested having the surveyor add
OCWA’s easement location and size. Member
Tom Thompson reviewed the grading plans provided and stated that adherence to
the 40-feet setback could create ponding in several locations around the
perimeter of the Town’s property, an unfavorable outcome.
Chairman
French opened the Hearing to public comments as follows:
1. Helen Rudes – Neighboring
property owner in favor of the re-grading efforts the mining will provide. The current topography naturally drains
towards her and the reclamation plan shows that drainage would be away from them
as there property would be at a higher elevation.
Without
further comments from the public, Chairman French closed the Public Hearing at
7:23 pm.
* * * * * * * * * * * * *
REGULAR
MEETING
Shawn Malone -
Without any further discussion
from the Board Members, a motion was
moved by Member Thompson and seconded by Member LeoGrande, to approve the Area
Variance request by Shawn Malone for
relief of the 40’ property line setback requirement to allow the excavation of
gravel, top of slope, to begin at the property line with no setback, as
submitted on plans dated 11/6/18, on properties located along County Route 8
and Peat Bed Road, Fulton, NY 13069; Tax Map #252.00-1-7; and # 252.00-1-4 is
hereby GRANTED with the following
express condition:
1.
Contingent to securing a Special
Use Permit from the Granby Planning Board.
A roll call vote was taken:
Michael French, Chairman Abstain
Peter LeoGrande, Member Aye
Patricia Simmons, Member Absent
Tom Thompson, Member Aye
Tina Sawyer, Member Aye
3 AYES 0 NAYES 1 ABSTENTIONS –
Resolution 2018-04- APPROVED
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Gary Royce Jr. -
Without any further discussion
from the Board Members, a motion was
moved by Member Thompson and seconded by Member LeoGrande, to approve the Area
Variance request by Gary Royce Jr. for
relief of the 40’ property line setback requirement to allow the excavation of
gravel, top of slope, to begin at the property line with no setback, as
submitted on plans dated 11/6/18, on property located along Peat Bed Road,
Fulton, NY 13069 Tax Map #252.00-01-05 is hereby GRANTED with the following express condition:
1.
Contingent to securing a Special
Use Permit from the Granby Planning Board.
A roll call vote was taken:
Michael French, Chairman Abstain
Peter LeoGrande, Member Aye
Patricia Simmons, Member Absent
Tom Thompson, Member Aye
Tina Sawyer, Member Aye
3 AYES 0 NAYES 1 ABSTENTIONS –
Resolution 2018-05 - APPROVED
MINUTES
A motion was moved by Chairman French to approve the meeting minutes for
September 11, 2018 and September 18, 2018.
The motion was seconded by Member Sawyer, all were in favor without
further discussion and the motion
carried.
ADJOURN
With
no other business before the Board a motion
to adjourn at 7:48 pm was moved by
Member Sawyer and seconded by Member LeoGrande, all were in favor and the motion carried.
Respectfully
submitted by:
Lisa
Somers
ZBA
secretary
