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HomeMy WebLinkAbout1981-04-29 TOM OF GROTON Town . Board and Planning Board Information Hearing Proposed Changes and Amendments to Zoning Ordianance Vednesday , April 29 , 1981 Town Board Members , Town Planning Board Members :' Teresa Robinson , .Suporvisor George Tottan , Chairman Gordon VanVenschoten r�Roger Gleason Lewis Sovocool * Lyle Raymond Frank Carey *Donald Payne Verl Rankin * James McNeil Nancy Ostrander Cecil Twig; * Absent . Others Present : Benjamin Bucko , •Town Attorney Robert Brown , Town Zoning Officer Clarence White , Jr . DeFore' st Hall = i. Gordon Hoy , Town Zoning Board of ' Appeals George and Martha Lawrence Laura Haughn David Ofner Colleen * Pierson Teresa Robinson opened the tteeting .at 7: 30 p.m . ' by. reading the attached Notice . Since the Planning Board haslrbeen working on this , they are the most capable of answering any questions . Basically. we ' re after imput and to know p if there is anything bothering You ,:. , :die 'have not had any `inqu3 riffs here at the Town Office what the . changes have : been-. : . If ;,y©u have any questions in particular that your: interested in , . .direct ,your questions to Mr . , motman . WITE : . I came to find out what changes there were . .TOTMAN : Obviously , I can" t tell you the whole thing , it ', s rather large . This is : a publicOinformational hearing . 'When the Town Board is through going over_:it at�lthe r. regular meeting , we.' 1l put it in print for a public hearing . There are numerous changes . We have been two years . doing it . The Town Board asked the Planning- Board to look over the Ordinance each- year .`1.aa.,Te _ created another , zone . It will be easier for people who giant to put businesses in without a lot of variances . Uhat we did was basically rewrote the whole ordinance in simplar terms .to make _ 2_ it easier to understand , .we �created a . fourth zone . Ago Low Density. and Medium Density. Low Ognsity areasmostlyr residential buildings and no business . persay . .The Medium Zone like the edges of the Village where the . businesses are . 'ghat we . "added , split the . Ag . Zone . to a RA- Zone . Farining-Low Density with fixed matter on land use . die left Low - Density . Property requirements non-residential , a chief redistrict pattern . The medium Zone predominantly -residential . where a. variance " was reauir. ed for non-residential : There are large tracts of. land - with little access to , highway . What we had also was in the old . if ordinance business in the Medium Zone in - .the country /it was not in the Ordinance you would apply for a variance . We made a chart . ( Mr . Totmen explained the chart presented in the new Ordinance ) tach area. is allowed Special' Permits ; ,where some were not allowed before . You can come in , apply for = whatever you want to do , _ buy Special Permit , the Town - Board will hold the : "hearing . If ._the.i,area is conducive to that type of . buainess ,, people in that area are not opposed then aoSpobial: Permit csn ,be. . granted . In the . old Ordinance it was just not ~allowed . BLisieally ' unless there ere questions on r, something in part ieuUr v I - really don ' t know, what 'ei se .t o ' say. WHITE : In particular , is there d apecisl ` plaee'.afor trailers ? TOTMAN : Trailers are considered. a; dwelling ;unit; the same as a house . There is no difference . WHITE : You have to have a two . acre lot ? BUOg® : That is a bne ;;a.cre lot . TOTMAN6 You need 200 foot, frontage . NOT * That is to remain. the same ? TOTMAN , Yes , that is the same . BUQKO : What George . explained _ to you is the past ordiance has • had certain things allowed in certain districts and yet certain things could be done if compa.table . with the area. , if not compatable it was not The Board allowed .. Now you can possibly get a. Special ' Permit . does not have to give it to you but you are allowed to try . It does not restrict you . HALL : . Do we have people retuesting this Zoning chengeT TOTMAN : People have questioned it , . have not understood it , when it is a hardship for theme The Town Board felt, revise the Ordinance to help the people , there is .nothing more restrictive , in it . Just spelled out better . HALL : I was wondering if someone - asked for something special ? TOTMAM : . Somebody who is in business and wants the ordiance changed so he can do it ? . . . That As definitely not .tree . TWIGG This .will be easier to administer . . HALL : Is there a certain number of people who agree on the Special Permit ? NUCKO : Lets say you want to- build a business . in •a, resid..ential district , all you need was a variance .: _, The , - Town Board could give you a permit even though there were complaints " or they could not give it to you : r That _is over . . Isimplif ied but th to is chat' .would happen . The Board does not have to give you,' the Special Permit but` if :it is compatible to the area and is not objected t'o ;this is :alright . TOTMAN : The way this .is printed , if you„ applied for a %Special• tPermit because of what the Ordinance says , . . you normally would take it to the Board of Zoning Appeals , according to the new Ordinance the Planning Board would study the request and make recommendations to the Board of Appeals . The' Town Board reserves the right to also act on the Special. Permit . If. there is going to be a big environmental impact the Town reserves , the ,right to action it. The normal procedure is the Planning Board makes.._ recommendations .to the Zoning Board , but . . ttiiey don ' t have, to accept the recotnmendatiohs . HOYs Where is the line d 7 In ;any . action the Town &hard . looks at - it ? BUCKOs The permit is. issued by ' the• Board of Appeals . HOY : *,He said in certain - instances, .:the Town"' would act . BUCKOt Where there would bi a vital ^ environmental : impact , where there has to bd. . impact statements , " the .;Tow - Board reserves the right to look - into it .. TOTMAPI : A Special �Permit ' is certified , after the Zoning Board of,. Appeals : r reviews it and approves It . The Town Board reserves the right to review it 'if there will bean environmental impact . Parts , Seca 2 h . � Of the newy+Ordinance states " The authority is issue Special - Permit 's - is - delegated by the Town Board to the Board of Zoning Appeals under • the "conditions and procedures_ , set forth in this Part where the proposed development is listed in the District Regulations ( Art 4 ) . as . ! permitted with ra " Special `Permlt . ' . The Town Board -reserves the authority to . �rant ' Special Permits in all other cases including any. case. where b > there is uncertainty as to which Board .,has the Authority . " As faru as a • you are . concerned you , give• it to the Board of Appeals . Under_ the new . Ordinance the Board of. Appeals Pp gives it. to the planning Board for recommendations , then acts on it. 4 BRAWNs This is a 1972 • Zoning • Ordinance , . . is_ .there .soinething that " says you. . t •. :, . shall,"uI W . pdate your ordinances over a eertain *.period of time ? ILI .. VWIGG : This is flexible enough that we should not have to do an overall update on this. The concept was - different in this one in,' 1972 . That took the Planning Board five years to complete . It was completely new. After you work with something a few years you do it. different . Basically this Ordinance is nine years old and the Town Planning Board should update it , every ` fve years .- *" This is - one of the reasons this was done . 95 % of all -. the meetings in the last ; two years were done with - the . help of, and approvdl..W the Tompkins ' County Planning Department . . BROWS It .- this the finished product or , are you still working on it . TOTMANI It is finished as . far as the Planning Board is concerned. . The normal procedure is % we , now give it .,to the Town Board to review . They . can. accept it or makes changes as they see necessary then they hold a . Public, Hearing . If the' % ard . 'thinks'� it is okay they will have copies imprinted after . a ` Riblic ;Hearing :_ ' .Tonights purpose was to give a, . general overview. of what ' s happening and why The Town Board will take - it from there . BROlrQ11s -The reason I ask are you- open to any . changes or suggestions . BUCK6 You are open up to the Public Hearing , BWWNs If there are any changes the :Town Board will make them ? TOTMAN: Right . . BUCKOs If you want to make any suggested changes you may make them tonight. , BROTNt - We have a trailer minimum of 840 square' feet . I have run into problems from people who move in from outsie who do not meet the minimum requirements . . I question whether or not this is a bit too big . of . a trailer for retired people . If the trailer is already purchased and want to move into the Town I . have. to tell them no' I. wonder whether we should- recondider .the size of trailers . . BUCKOs That has nothing to do with the Zoning , that is the Mobile Home Ordinance , it is _separate . The Ordinance only .states that it considers a- mobile home as a residence . HOYs I understood Mobile Homes: had to haee .a= certain' agAare footage . BEJCKOs . Yes , that - is . in the Ordinance ';that is . a -building . The Mobile Id Home Ordinance puts the" .size ' retrictions +on the .. Mobile Home . {. . . r. _ area . r TOTMANs ' There a s a gray here . I sa� d Mobile homes are considered a dgelling unit . ' The Zoning Ordinance -covers them as 'to the placement ( such 'as size ) on . a lot but other:., restrictions /. :are , set out in the ,. Mobile Home Ordinance . What .you want' wofilddl,- require a change in the . Mobile .% Home Ordinance . , d . BROW'* You do not plan to change . that7' - TOTMAN s We can . Took :into that after thitsisd • done. - BROWN : II : think of its An terms of the Zoning Ordinance: . Once - in a while somebody owns ' a lot of land , say ten acres, or . more , and he., does not have. 200 feet of frontage . He cannot build with out the 200 feet . : This some how does not seem right . -BUCK04: I don ' t knowi if your ' talking about . the case ' I ' m .thinking of but he had • that acerage before and whittleddit • down . - If you had the ten acres. before you did not have to comply with the 200 foot . frontage.Id I ' He created the problem . BROWNS I don ' t know if At is the same cased. He had 100 foot frontage there- fore he says he has a preexisting lot. • he should be able to build: "on HOY$ % at does the "new. Ordinance say . on , that ? TOTMANs It still has the 2006 f6ot limit . HOY: As that man says , � if he had it prior to the ordinance he could .- build . TOTMANt If - that condition was there • prior to 19789: there • was a.- 100. foot limit . In 1979 it changed . to 200 because of the /County . BRObUN s I. don' t know how long he . 'had it . EU6K© : There are- people that have 500 feet frontage and sell of into parcels and then want ,`to build they create :the problem . TWIGG . We talked about that when we . went, over .this Ordinance and we can ' t Ping it , just the type of. ,�situation your talking about .. 1 m sure we went over that :, : ' There is: a way'- around that , BUCKOi If it was there before -1979 .,•^ TOTMAN : I ' ll take '- thatback up :with ::the "'County 4Fl anrier and see if anybody else had that problem . . . BROWS bo you .:have something in thereabout somebody who has a right of way and no :building? TiIGG: That is what I was referring,. to , ` a person with just a . right of way _ : ,; back to thefront . . Ve 'discussed that some people have , tracts of land with little road frontage . That was one' of =the reasons for the . 200 foot frontage so people won ' t get too congested . HALL : In this new Ordinance ,you are putting business and residential together if they meet requirements ? ' OFNER : I don ' t have :a copy- of the Ordinance . Wat er the businesses , , allowed in , residential , areas now ? ( Mr Totman explained the chart in the Ordinance ) HOY : Is the original intent of the Ordinance destroyed with this -new Ordinance ? If a man wants to build , a. $56 , 000 : home in .:.this area would he :be: protected from - industry coming in ? TOTMAN : ( paraphrased ) If someone : wants •to build and industry - in a ;residential area he . would - apply for: special permit . . `-, All of the people iri the •surrounding , area. would be notified by the - Board , would have a Riblic Hearing . Those people would then be able to say whether for . or against it and why. After review the Board .would decide for or against whichever is best for- the area: "" . ♦ Cam. HOY : tdhat if it was not as, populated ' as that . " Vaere there are rural areas easier to allow it ? =; T-WIGG = Th . This is why the permits .=come through` the,NPlanning Board -and Appeals Board . A11: things `are considered before''' the permit is issued . FF B ® e t an in and reviews it andt asses it to the ' Appeals the time the P1 n Bo P y . g r Board some of the kinks are taken; out ... ('paraphrased ) We are here to help not to upset . ROBINSONs The same way . junkyards are considered . They are allowed in - residential ar6as .but they have to go through a hearing first . BUCKO. s Your small repair .sh&ps are in the same perdicament . - some have been allowed and some have not been . HOY ; I was thinking in the event it really did happen . BUCKO : The Board of Appeals . can say yes -even though the Manning, Board says Ordinance no . There is always that chance ' no matter . what ; The Board of Appeals can-• grant a variance , .: OSTRANDER : The Ordinance isI'set up •for individual consideration . HALL : - In cases where someone --'wants a - Special Permit is. it a small thing to bend over backwards to give it to him ? BUCKOs I am going to disagree .with you , not a member of either Board. :has shown favoritism , - that is not the case . in this Town . If- -you are making that statement in publict. -back up what you are saying , aecusink the Boards" of bad deci sions:. HALLS There is one aanathe -corner of Salt Rd . and Rt . 222 ' that is not Particularly legal . TWIGGs That is not -a dwelling . HALLS They are doing business - in it . . ITWGGs They are not& living in it . If you are not using it for a -home , it - is the same as a small building. . '' _ - 9 B1CKO : He -is in a busiri'ess=.district . �I don '~t know' what., he is using i for .. I know- it was for .sale . ROBINSON : . . If using it for business , - he should have a .,-trailer permit . TWIGGs I think ' he has a for sale sign in it . HALL & He is doing business out� of it-. TOTMANs I an not - familiar' with - what your . , talkkng '.about . You putting up another building . BROWNS He had it for sale * : ° TOTMAN0 There is a case to look into: : HALL : I hopewhat you say and do ' +theysame ' thing . TOTMAN4_ : We have• a^ Zoning . .Ordinance , you enforce.. it the same for everybody . * If people . know '. something ' is wrong they should call the Clerk and let . her know and she will : pass ;Wa. the. information . If none says anything it goes across the board . HALL : I try not to be a bad neighbor ,,. . just want to see it enforced for everybody . BUCKOO To 'my knowledge since - 1968 the ,- zoning officer .has ' called meif any question / about enforcing the Zoneing Ordinance . I have not seen any actions that favor any . particular person . . No favoratism by either Board on anything . ROBINSON : The only time complaints come - in are from . somebody who gets caught they pass it on so not to be the only one who gets caught . PIERSON : Can a trailer - be used as a storage dgelling ? TOTMANs If it is. an udersized trailer and one that is already there . PIERSON ; Cana. someone bring one inY TOTMANt It is ' the same thing as the 10 x 10 building , get a .permit for it . VHITEs How many 10 x 101. s are allowed on a lot ? _ . TOTMAN : ' , There is not limit , other towns are haveing , the same problem . , _ -0 14' - _ He had . - ut one F10y x '.10 u . a hlme 0 HOYs ate had a variance for a garage no , o p � • P , four or five alreadye r r. w' TOTMAN : If he keeps in accordance ' with `the ' variance he- is . okay. There is always something - 'that wil-r come ' up. ' You : don '. t want to be too restrictive ~but - there will always be problems . ' WHITES . I ' ve seen one* with three or four setting around a house . BUCKO : If a guy has got a regular house. and ' wants to. pat , a 10 x 10 addition on . it you . cannot stop it ,. . TOTMAN : I brought that- up at -the, County Meeting , other Towns - don ' t know wfiat . to do . about it either . . BUCKOs If he wants to build a house with 10 a 10 houses. with separate doors you cannot prevent him. RAN KIN The Antent of this was to allow people , a Small,- 0 x 16 building or shed and it is getting thrown back - in our . faces . . TOTMAN : I' Different people have come in -and complained about this . HALLS Did I under stand .there was a = 0quare footage minimum on new houses ?_ TOTMAN . 840 square feet 'on - first. floor . ROBINSON : Are ther'.e any other questions ? Copies' 'of - the Ordinance 'gill be available to read at - the Clerks office . BRONN t 'When can . we , expect ' this to go into effect ? TOTMAN : It ' s up to the Town Board . ROBINSONs Just.. as soon as. .we get the little `kineks out of . it . TOTMAN : If they agree . to this in May, they .set a- Hearing later part of May or . June then June or July put into force . .ROBINSON : . The only change in _this is the Abandoned . Buildings . Assessment the Town Board passed : It will be worKed . :into this Ordinance MITE : That apply -to something that has fallen : down ? k where ROBTAT SON s Something , that is hazardous to the_ neighborhood , / children : could get hurt , rats , fire hazards . ® have.%only a couple in the township . WHITE: The one I was . thinking of is on: the bill toward- McLean . - That ' s in Groton '. I think . ' a EZJCKO : That .would come under the law . f Wei contact. the owners the her aces' If a on ROBINSON : We have. a couple of: of pl y are responsible for removing- .it,or- . we will remove it with the costs billed : to. . them 5Ir WHITE : : ' Wouldn-' t' the fire department burn it ? ROBINSON : You can ' t do . that always . ViITE : Not even for practice ? IHBINSONso They used. to but now only under certain circumstances . If we had something and . it :was. leigal, .then. we would do it . Thekeaare tar roofs - that would cause too much smoke . - BROWt That won.' .t . go . . into . effect - until the Ordinance is passed ? &JCKOs No , that . is . in effect now that has -been . passed . BROWN : 4 I; know two or .three - houses .that should be taken down . TOTMANs. Gordon , you might -want -to look - at this section especially for the Board of Appeals . ROBINSON : If there are no more questions , we will close the hearing and thank. you very much for coming..