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HomeMy WebLinkAbout1985-08-26 CF 0;r p : f 1 C O .-. f s The Town Board e' ` A `v ` ° Town of Groton s , sett o ouat + 101 Conger Boulevard Groton , N . Y . 13073 August 26 , 1985 Mr . Allen Rawson 179 Hinman Road Groton , New York 13073 Dear Sir : Attached please find 'Notice of Decision " of Board of Zoning Appeals relative to your violation of Town zoning ordinance . Sincerely yours , Lyle Raymond , Acting Chairman Board of Zoning Appeals LR : cp Enclosure cc : Town Supervisor Town Attorney Zoning Officer Planning Board Chairman File a, TOWN OF GROTON ZONING BOARD OF APPEALS WHEREAS , Allen Rawson , 179 Hinman Road , Groton , New York 13073 , has been notified of being in violation of the Town of Groton Land Use and Development Code , Section 312 , by harboring inoperable vehicles and other junk and the "Ordinance Licensing and Regulating Junkyards " , by the Town of Groton Code Enforcement Officer od November 28 , 1984 , and May 28 , 1985 , and WHEREAS. , after due notice a public hearing was held by the Board of Zoning Appeals at 8 ; 00 P . M . on July 23 , 1985 , to consider the reported violation , and WHEREAS , at said hearing all those who desired to be heard were heard and their testimony recorded , and WHEREAS , all testimony has been carefully considered and the following facts noted ; 1 . The conditions reported by the Code Enforcement Officer were verified . 2 . Corrective measures to remove the offending items have not been taken as of August 21 , 1985 . NOW , THEREFORE , be it resolved that Allen Rawson is in violation of Section 312 of the Town of Groton Land Use and Development Code , and the Board of Zoning Appeals therefore refers this complaint back to the Zoning Officer for processing through the Town Courts . The foregoing resolution was submitted by ; David Ofner seconded by ; Mary Decker unanimously adopted by the Board on August 21 , 1985 1 ; TOWN OF GROTON ZONING BOARD OF APPEALS Public Hearing , July 23 , 1985 Violation Town of Groton Land Use and➢evelopment Code and. Licensing and Regulation of Junkyard Ordinance by ALLEN RAWSON and RICHARD REINER . Violation of the Town of Groton Land Use and Development Code and N . Y . S . Uniform Fire Prevention and Building Code : BRIAN LUCEY . BOARD ( *present ) OTHERS PRESENT J . Bell , Chairman Terry Ofner M . Decker* Duane Randall L . Raymond* Richard Reimer D . Ofner* Tina Reimer N . Smith* Don Vanatta Brian Lucey John Hanford L . R4YMOND , Acting Chairman , opened the Public Hearing at 800 me by reading the Public Notice attached . Violation of the Town of Groton Land Use and Development Code , Section 312 and Licensing and Regulation of Junkyard Ordinance by RICHARD REIMER , 850 Cobb St . , Groton , New York , WOOD ] What I found were unused vehcles and inoperable vehicles on the property , in particular a Pontiac in the front of the house ; in addition there are other unused materials along side of house causing blocking the view from the intersection and also unused material laying around the garage and back yard . RAYMOND : You have contacted these people concerning this ? WOODe I have had two telephone conversations with Mrs . Reimer indicating these were not unused and abandoned materials . RAYMONDi We are listening to the evidence from everyone concerned who has an interest in this . Any decision we make will be made at another meeting . Does anyone here wish to comment who are interested in or affiliated with RICHARD REIMER? r ZONING BOARD OF APPEALS PUBLIC HEARING - 2 - July 23 , 1985 DECKER : Are there any written communications on this case ? WOOD : A long time ago I used to send Informational memoes . I don ' t find them in the folder so I can ' t comply with that questions . There were memoes and phone calss back • and forth and I responded and asked them to take care of it . . OFNER : Did you advise the them about the Junkyard Regulations ? Did you inform them that they could declare it a ,junkyard and apply for a permit or clean it up ? WOOD : I did not advise them of the possiblity of applying for a Junkyard permit . RAYMOND : Any evidence you know of that this family Is in a position to do this , is there sickness in the family ? WOOD : That has never come up in the conversations . It is not a case of ' we can ' t do it ' ; it ' s a contention ' I ' m wrong ' . LUCEY : Does this ordinance apply to farmyards , with all types of vehicles in their yards ? DECKER : If they are peices that are not or cannot botsed , they are ,junk and should be out of sight . WOOD : ; Yes , it does apply to farms . RAYMOND : Yes , it does but does not make a difference io this instance . WOOD : Only to the extent that those things obstructin-3 visibility are of more urgency . As far as the law as written , it applies to i all of those things . RANDALL : I am a neighbor , I got a letter . I would 111h� to know what the question is ? I heard the accusations antic I don ' t happen to agree with them nor do any others or they woit .c. fin here . ZONING BOARD OF APPEALS PUBLIC HEARING -3 - July 23 , 1985 RAYMOND : In explanation the Town has a Junkyard Ordinance in the Town Laws which indicates if you have more than two/tEll8egsed vehicles on your property you are in violation of the law unless you i obtain a junkyard license . RANDALL : I understand what the law is ; what is considered a vehicle , car or truck? I suggest that whoever is making the complaint investigate i it more thoroughly . R . REIMER : I was in touch with Gary Wood when sent the first letter . I told him every vehicle was licensed except the Pontiac . I have been through a cancer operation , and because of finances that is the only vehicle without a license . I don ' t understand the complaint of a junkyard ; there is not an unlicensed vehicle there except for the Pontiac . WOOD : May I refer to the section of law which says ' where two or more unregistered vehicles in condition for use on public highway whether for personal use or resell , for reclaiming for raw material , such materials should include any area are classified for dumping . An accumulation of dumping or storage of used materials of whatever consistency ' . It is not limited to motor vehicles . You are right , the Pontiac is the only vehicle there unlicensed . R . REIMER : That ' s right , the only unlicensed vehicle . My daughter ' s vehicle , my sone has a vehicle , I have two vehicles . My boy has a motor vehicle . Everything has a license . RANDALL : The interesting thing I see , when you read the letter Mr . Wood sent Mr . Reimer , a Town Board member lives four houses away and has four unlicensed vehicles on his property . It seems particular ZONING BOARD OF APPEALS PUBLIC HEARING - _ July 23 , 1985 individuals are being singled out for whatever reason . I don ' t understand , I guess . There has been a concern about being able to see at the corner . A time or two I had to sneak out into intersection to see , I agree ; but I can remember only one accident there since 1960 . I can assure you his place looked worse ten years ago than now . WOOD3 Let me clear another item . It is not unused vehicles that is really the question , it ' s the general accumulation of things labeled as junk under this Ordinance . R . REIMER : My boy has two anomobiles . Must be a law agianst snomobiles . There are two boats ; must be a law against boats . I ' m in business everything there comes and goes . I have a PUMP . . . . . . . . . . . . . I have others that need to be rebuilt . WOODS You are addressing this to the wrong person . I made the accusation . Speak to the Board . I am explaining what I was hired to do . R . REIMERi If you would stop and 'find out it would be another story ; but you would not stop and find out . RAYMONDt We are here to listen to all sides of this thing . We appreciate the information you are providing . We will take this into consideration when making our decision . R . REIMER : I have no accumulated junk like he says . OFNERt I passed by since I sit on the Board and listen to facts and I did see various kinds of items . I did not know why they were there . Can you tell me the purpose of the variety of materials ? RANDALLt He just says it comes and goes . OFNERi It is an outdoor storage for articles you use in your business ? ZONING BOARD OF APPEALS PUBLIC HEARING -5 - July 23 , 1985 OFNERt The outdoor storage is for articles you use in your business ? R . REIMERt I don ' t have enough room to do it . elsewheres . For the last ten years I have supplied the Town and County and others . I ' m in plumbing and heating . I have a 250 gallon drum for . . . . . . . I have a 50 gallon drum that needs to be cleaned out and that goes back to theowner . I have no storage . It ' s all for heating or if a farmer needs a piece of welding , he tells me what it is and I make it . Mr . Randall had to have a saw made , I fabricated it there . All this stuff is for that . I got a plow for the truck my son has a plow for his truck . I only have a certain amount of space . DECKER : I have to be honest , but every time I come up to that corner heading south you dan ' t see anything . In the 12 years there has only been one accident , we ' re fortunate in that . What you have I know you use . ;� ' . It is the same type of accumulation we have on the farm , but we have more room . Dick has no place to put anything . We have to come to some workable situation . That junk is his stock , it ' s in and out . T . REIMER What I have heard the last ten minutes is not so much the junk but the view from the road . I find from coming the other direction it is just as hazardous to Bee around the trees . Is everyone on a corner suppose to cut the trees obstructing a view? DECKER : That is a good point , the view coming from the south you can ' t see because of Mr . Terwilliger ' s trees . RANDALLt That ' s true . ZONING BOARD OF APPEALS PUBLIC HEARING - 6- July 23 , 1985 T . REIMER : I find myself coming further from the south than from the north into the intersection . OFNER : In response to the question of trees , ` within the Town Ordinance there is a reference to plantings that obstruct corner vision . I don ' t know if they ask people to cut the trees down but it is in the Ordinance and it refers to trees and plantings not have branches below a certain level . R . REIMER : The view from the other way there is a hill there = part of the road is very hard to see from that side sometimes . RANDALL : If when you come from the north or go north on Cobb St . there is a trucker in the neighborhood and when his truck is parked on his property you can forget the view , you can ' t see . Back to Dick ' s situation I think if there was someplace to put that stuff he would , but there is not . He has a creek through his back yard that the County won ' t do anything about . DECKER : Is there any feasibility of that thing going underground so you could overpass that ? R . REIMER : You could , the culvert is under the road but the County says it is in the works to change but won ' t change it . DECKER : That would give you much more property to work with? R . REEMER : You realize how many times I carted stone , put in there and it all washed out . The last time I put stones there I was having radiation treatments and the flood in the fall washed it out . I have not had it rebuilt again . DECKER : I wonder , in light of this situation , if we had any way to apply pressure on the County to work on it ? It ' s the only feasible thing . zoning board of appeals public hearing - 7- Jul 2 1 8 y 3 � 9 5 R . REIMER : I would have more room if I could get around back . - I have a tractor and one bucket out front . I have another bucket on the tractor . There is not enough room to put everything . RAYMOND : Without a request through the Town Board to County road super- intendent to get something done . R . REIMER : They . wasted money on the crossroad and made a dangerouse inter- section . Toward the church the County laid patch and let it go . I have a lot of metal there , there is a lot of steel , different types of stell . Some of it weighs a ton a piece . In my barn you would not believe the amount of stuff in there . DECKER : I feel there is the difference here . Things don ' t stay . The stuff moves ; it is not a continual buildup . RAYMOND : Is there any opportunity at all for expansion across the roads could a neighbor rent you a piece of land? R . REIMER : There was a place owned by G . Pierson , but . . . now in a home and can ' t or won ' t sell it and now the barn is falling down . There Is stuff in there from old furnaces and different parts : I wish I could put it under cover because I do lose a lot . I have piping for heating and after a time I lose it . A piece of the building fell out and Ihave not been able to fix it . I now have a horse trailer sitting there . I do various things . I do plumbing , heating , electrical work , welding , fabricating . RANDALLt ! I think you should clarify what the trailer is doing there . R . REIMER : I ' m redoing it . The man can ' t afford a new one . I had to cut the doors off and fabricate new metal . ZONING BOARD OF APPEALS PUBLIC HEARING -8 - July 23 , 1985 RAYMONDs That is part of your repair business ? R . REIMERs That ' s part of it ; I do it on the farm a lot ; people bring stuff there to be fixed plus everything else . RAYMONDs That is your full time business ? , R . REIMERs Since I been laid off . . . . . . . . I put in for jobs but at 51 years old they have a pleasant way of saying you ' re under or over qualified . I have been trying to make ends meet . It was always a parttime business for over 30 years . RAYMONDs It is an established business venture . HANFORDs I don ' t know anybody over here I would just like to say that I would not like anyone calling my wife and talking about a problem and not consulting me and then being hauled before the Board of Appeals . WOODS Mrs . Reimer called me . HANFORDs I don ' t think I would like some one dealing with my wife . I ' m just stating an opinion . R . REIMER : That was alright , I had her call him . I work 16 hours a day , 7 days a week . So she ' s in the house and she can take and call just as good as I can . It makes no difference if she called or I called . RAYMONDs I do want to clarify that the Notice goes to the property owner ; it goes to someone whoes name is on the property . R . REIMER : The only gripe I have is having my name in the paper for something should not - have been . The vehicles may look like junk but are runable and licensed . ZONING BOARD OF APPEALS PUBLIC HEARING . 9- July 23 , 1985 OFNERt Mr . Reimer , it appears at least one vehicle is not registered and it is posing a hazard as far as ' seeing on the corner is concerned . R . REIMERt No , it is in front of the house supposedly anything there on north side of house , the road is on the southside of the house the only reason that vehicle is there is I can ' t afford to drive two vehicles now . You live on $ 1004150 a month you can ' t afford 2 vehicles . I RAYMOND : Does anyone else want to make any comments ? If not , we will close this portion of the Public Hearing and move on to the next . Violation of the Town of Groton Land Use and Development Code , Section 312 and Licensing and Regulation of Junkyard Ordinance by ALLEN RAWSON , 179 Hinman Rd . , Groton , New York . RAYMONDt This case involves large vehicles and other junk . Was this person given previous notices to clean up ? WOODt I sent notices and hand delivered notice that if action was not taken then it would be set up before the Board . RAYMOND : The notice gives December 28 , 1984 to remove by that date . DECKER : Since that time have you noticed any changes taking place? WOODt Not that I could notice . The last time I talked to Mrs . Rawson she said she and her daughter were working at trying to clean it up . There are several vehicles and two buildings . DECKER : He owns on both sides of the road? WOODt Yes . I have not met Mr . Rawson but I think� it is not that easy of a job . i _ i ZONING BOARD OF APPEALS PUBLIC HEARING - 10 . July 23 , 1985 DECKER : I went by it to look and it looks like a building has either fallen down or whether it was caused by a fire . WOOD : It looks like it is not all there ; neither one . OFNER : The trucks around there , did they explain whether they were used on the property? WOOD : There are 3 on the houseside of the street ; the one on the barn side is inoperable , unused . On the other side one is used , one is for sale and a third is hanging out . On way or another there are 2 or more vehicles at least that are unused . OFNER : They indicated that they eould be able to do something about it ? Either use them or get rid of them? WOOD : The one is for sale . OFNER : Do they operate a business that needs the outdoor storage area? WOOD : I was not told any such thing . Mr . Reimer did not indicate to me there was a business there either . It has an appearance of two buildings that have fallen in upon themselves . OFNER : They did not explain , other than the fact that one vehicle was for sale , they did not explain the reason for the material ? WOOD : The explanation was , "yes , my daughter and I are trying to take the stuff to the dump ' . OFNER : Did you get the feeling that if some reasonable timetable was set they would get the place cleaned up ? WOOD : Yes , probably . DECKER : It has been about two weeks since you talked with her . From the deadline of December 28 what has happened? WOOD : The time has ,just slipped away ; there has been no perceptable ZONING BOARD OF APPEALS PUBLIC HEARING - 11 - July 23 , 1985 changes made . One thing I stopped doing , after the first round , I don ' t take pictures any more . . I really did not try to inventory . `,then it comes down to it , it is far better for you to see it yourselves . I have not tried to. be sure if things were moved . DECKERt From December 28 was there any communication made until a few weeks ago ? We have nothing here showing that there was . WOODt No , there was not . until it came time to serve this notice . RAYMOND : You did talk to them when you gave them the November notice ? What was said then ? WOOD : I don ' t remember . RAYMONDt Was that agreeable with them? They thought they could do something about it ? WOOD : Yes , it seemed they could work it out . DECKERt It ' s a lot of time since December 28 , some people don ' t move 1 unless they are being prodded . RAYMOND : The main thing in my mind is the indication they intend to do something . OFNERt Somehow we are going to have to set a deadline , that is enforcible . They indicated they would like to clean up ? WOOD : I think ' like ' perhaps is a poor word . They were willing . OFNER : They did not say they would not ? RAYMONDt I think I would like more information about what they consider some stuff in relation to some business . DECKER : If there is a Mr . Rawson , is it feasible the things could be moved? RAYMONDt Was anybody. there able to do that type of work? If they were able was the stuff unable to be moved without heavy equipment? ZONING BOARD OF APPEALS PUBLIC HEARING - 12 - July 23 , 1985 WOOD : Most of it can ' t be moved without a truck . I fully expected them here tonight . RAYMOND : I thing we will move futher into this , about capability to clarify the situation . Violation of the Town of Groton Land Use and Development Code , Section 402 . 2 , by undertaking construction without a zoning permit ; and N . Y . S . Uniform Fire Prevention and Building Code by constructing without inspections for Code Compliance and occupying the structure with a Certificate of Occupancy by BRIAN LUCEY , 481 Lafayette Road , Groton , New York . WOOD : For anyone here who is interested , we at the Town level , have not much to say about the NYS Fire and Building Code . As of January , 1984 the State Legislature passed a socalled Uniform Fire Prevention and Building Code through out the State of New York . It contains several sections in general , sections which cover, fire prevention kinds of things pertains to all who build a house , obtain a mobile home or manufactured home , and a building code for new construction . When the State Legislature enacted this law they made the prime responsibility for enforcing it at the local level . If the locality did not want to enforce it , the County would enforce it and if they opted out of enforcing it , it reverted back to the State . This Town chose to take it on and asked me to become the enforcement officer . It is a code that sets certain safety standards for different kinds of occupencies . It is primarily r L ZONING BOARD OF APPEALS PUBLIC HEARING - 13 - July 23 , 1985 concerned with public buildings . The building code applies to concerns of new homes . LUCEYs I was charged in violation with Building Code . My complaint is you should have spelled out what I am in violation of . You can ' t say ' you are in violation of get down to specifics . WOODS In the first place the NYS Fire Prevention and Building Code is not something this Board has jurisdiction over . They have jurisdiction for the Town of Groton Land Use Ordinance . In the notice it states you violated Section 402 . 2 of that law which says any new facility more than 100 square fee , a zoning permit for construction is needed . That is the essence of the charge . LUCEYs It was a rebuilding of a structure that been there for over 30 years . WOODS The structure as it stands today was not there before . LUCEYs There was a building before the building was rebuilt because the and of the barn was falling off . WOODS You have the essence of the problem . LUCEYs I wrote to FHA to be granted a housing loan from the Federal government to help rebuild but they sent a farm loan man that says ' we will loan you money at 15 per cent ' . I said not , I will get it from Social Services . I live in the end of a barn . I ' m not going to tear the structure down no matter how you want to word it . Clarify what you want me to do . I changed the roofline , I fixed it , I ' m 69 years old too old to go on ' the roof to shovel them . The building was rebuilt to put the 0 ZONING BOARD OF APPEALS PUBLIC HEARING - 14- July 23 , 1985 end of the barn back on . The original structure is from 1904 .0 The other structure there was falling down , I had it propped UP * the same RAYMOND : I am trying to understand ; the new structure was built in/place where the old structure was and the same size ? LUCEY : Right . SMITH = The roofline was changed? LUCEY : The walls were changed to be stronger to hold up the old barn . It was built stronger using much of the same material and accumulation from stuff around the place to make it stronger so I would not have props against it to hold the other building up . It sounds complicated . The garage was there , but it had props against it to hold it up . The base is not attached to the other building . The end of the original building fell off . RAYMOND : This the garage ? OFNER : The barn wall fell off . I know where the garage is , that is still in the same place . LUCEY : Right , only the roofline is changed . OFNER : The and of the barn fell off and you rebuilt it up and attached b it to the garage . LUCEY : I had to take the garage down to nail the end of the barn back on , then the garage was built in the same place only changed the roofline to a steeper pitch % hoping the snow would slide off but it did not . But the garage is still where it was . OFNER : You have no brand new buildings ? LUCEY : No , the only thing that is new is the roof . ZONING BOARD OF APPEALS PUBLIC HEARING - 15- July 23 , 1985 SMITHt Did you tear the old garage down? LUCEY : I had. to . SMITHR It is a new structure ? LUCEYt It is a rebuilt structure . RAYMOND : It has the same floor space ? OFNERr It is the same place it was before ? LUCEYj Exactly . HANFORDc If you are going to reside a house , roof needs repair , you take the wall down before you reside it . That is what he did . When you are 69 years old need access to garage door . You don ' t need to be shoveling to get to it . He changed the pitch of the roof so the snow would go to the side of the barn . Brian does not have to call an ambulance when there is six inches of snow because he has to shovel out the garage door . The door is in the same place , the walls came down and were replaced . RAYMOND : The garage building , you used it right along before you rebuilt it ? LUCEY : I park my truck in it in the winter time . It is close to the road , don ' t have to reshovel to get out onto the highway . There was an extension beyond this building that was taken out . When I put it up originally in 1960 I moved the door so it opend out and the snow plow would push the snow against the door so I could not get out . I put a new addition to get out to shovel to clean in front of the garage to open the doors . OFNERt Have you seen the barn? It is about 8 to 10 feet from the paving of the road . It is an existing non- conforming use . ZONING BOARD OF APPEALS PUBLIC HEARING . 16 . July 23 , 1985 LUCEY : I figured since it was a rebuilt structure Why do I need a I could put building permit . Under the law/a new roof without a building permit . I know because years ago I built a shanty on the north end of the building . DECKER : Structurally , he did not change the building . as OFFER : Gary , I am not/familiar with the Code as I should be . Where is the line on renovating or reconstructing a building that is the same building and usage . Where does the line come when you have to have a Building Permit and not have one ? Is a Building Permit only for new structures ? WOOD : Absolutely not . The law here says any construction of any facility . OFFER : What degree have to get Building Permit if replace a back wall of a house if it rots away? Back wall and roof? WOODS When you tear it down and rebuild , the rebuilding has to conform to the Code . HANFORD : What is it you want him to do ? RAYMOND : That is what we are trying to figure out . WOOD : To do what he did he should have had a Building Permit , a Zoning Permit and a Variance from the ZBA . OFNER : What do we do when we have something that is after the fact ? RAYMOND : The structure ftowl % there meets the Building Code ? WOOD : I have no idea . I have never been in it ; but it does not meet the Land Use Ordinance . OFFER : It was a non- conforming structure . I viewed it and talked with a neighbor who has no communication with Mr . Lucey and he said ZONING BOARD OF APPEALS PUBLIC HEARING - 17- July 23 , 1985 from his observation the space that it occupies , the distance from the road , is the same as the past 14 years that he has been passing by there . There is some slight alteration to the walls angle to the building . The original foundation is the same ; the walls are outside from the original walls . LUCEYt There is no foundation underneath . It was built originally by • • • ► • • • • • • • • • . . . The house which was built in 1797 that was sold in 1801 to Sam Quinton . What was left from the house , they built the barn . I used it as a cow barn ; now I live in it . I have to live someplace . They built it on the top of the ground . OFNERt There is no normal footers or foundation? LUCEYt No . Part of it was felled big trees and laid planks on it . OFNERt You got new material , followed the same line , then whatever was left over used for the building? LUCEYt Used what was left . What else I needed I got from piles of scrap in my backyard . I try to have everything under cover . To me everything should be neat and tidy . I did put a new roof because the old roof I could not salvage . I wanted to change the line so I did not have to shovel it . I don ' t know why but it ' s right there at the barn and house next door that the snow dumps . I have to go up on the roof and get the ice and snow off * RAYMONDt The central question here , what . we are concerned with seems to be whether you had to have a permit in order to make allterations or rebuild on the main site . ZONING BOARD OF APPEALS PUBLIC HEARING - 18- July 23 , 1985 LUCEY : I figured I did not need it ; maybe you figure I do . RAYMOND : It is not what we figure , it is what the law says . HANFORD : If you are going to reside a house and one wall needs to be replaced you need a permit for that ? Gary said he did not believe so . Tdhat is the difference if you do all the walls at once or one at a time . If you make the thing strictly sounder , why are we bothering the man? RAYMOND : To clarify the Code : no facility in any district may be moved , rebuilt , removed or enlarged wiathout a zoning permit issued by the Zoning Officer . Ther is no Zoning permit required for normal maintenance and repairs . That is the law we have to go by . LUCEY : This was maintenance and repair . RAYMOND : The most recent rebuilding was last year ; that is the one we are concerned about . It is our problem how this is to be applied . HANFORD * He rebuilt the garage which was 25 years old so it would be safer . RAYMOND : The original building date means nothing . Would it be possible , we are talking about after the fact , if Gary looked at the structure and see if it would meet the zoning requirements ? WOOD : I can tell you it won ' t from what he said . It does not a foundation under it and it does not have the required set back . r ZONING BOARD OF APPEALS PUBLIC HEARING — 19 July 23 , 1985 OFNERa Evidently , part of the replacement is the same kind of building as before in the same place . RAYMOND : If it is/Aeon - conforming use and rebuilt from the ground up , the Town Law can deny use . WOOD : There is no way I can issue a building permit ; it does not meet the State Law . DECKER : If he applies for one and he is turned down he cam come before us to apply for a variance . WOOD : You can ' t variance the State Law . OFNER : Mt is a matter of how you looked at what was done to the building . DECKER : We had a non- conforming building as long as it stood there but now he has done some maintenance on it . . . . . . . WOOD : That could be a way out and call it ' maintenance ' . OFNER : I ' m convinced it is not anymore non- conforming than before . It is easily the same . It has not been expandad to a non- conforming area . WOOD : I ' ll go along with that . DECKER : It has not changed the looks , they have improved them if anything . The use has not changed . It sounds to me to be a safer , better constructed unit . OFNER : On the other hand , he has be go through the same pro - cedure for a building permit . SMITH : Does Mr . Lucey have to make application for a building permit , be' refused , then come to us? I t ZONING BOARD OF APPEALS PUBLIC HEARING - 20 - July 23 , 190 WOOD : In this case I filed the complaint against him , that is why it came to you this time . OFNER : Some way or another we recognize some review is required above your level . ( zoning Officer ) LUCEY : When I originally constructed the building there was no highway there . In my abstract the County or Town have never taken steps to it . OFNER : By law , in the job he has , Mr . Wood , if he sees so methin : that appears to him inrroncompliance with the Ordinance , he has to go throught certain procedures . One procedure is to notify you that you need a permit to do that kind of work . He can ' t do anymore or less .= than that . He comes to us and says " Mr . Lucey did not respond , you figure it outs We are not saying he is wrong , he has to do this . He is not mad - at you personally ; but we have to come to some reasonable solution . We have to decide if we thing you created a hazard to traffic that was not there before , we have to do one kind of thing . If you had something that did not fit the standards before you repaired it or still does not after you repair it , we may say you did not do anything any worse than before but also Mr . Wood did what he had to do for his job . Some people might do something more drast :i. ; and he world have to see that they conform to the standt:'Yoc We will have to come to some kind of reccomendation but I don ! t want you to think Mr . Wood did anything XONING BOARD OF APPEALS PUBLIC HEARING - 21 - July 23 , 1985 wrong . What he did was what the Town hired him to do . I think we understand pretty well what you ` situation is . We require another meeting to make a decision on what we are going to do . The public is invited to the meeting . You can talk tonight but you can ' t talk at the meeting then . LUCEY : I ' m not going to tear the building dow , no matter what you says . The building is there for a purpose , to house the truck in the wintertime . The building was falling down . L . RAYMOND closed the Hearing at '' 930 p . m . The meeting on the decision on the above items will be Wednesday , August 21 , 1985 . I , MARGARET A . PALMER , DO CERTIFY that at the Public Hearings for the Zoning Board of Appeals concerning , RICHARD REIMER , ALAN RaWSON and BRIA N LUCEY , at the Town , Hall , Town of Groton on Tuesday , Jjtly 239 1985 , did take the minutes of said hearing and the foregoing is a true andexact copy , to the best of my ability . r OF 6A The Town Board S lei ? � Town of Groton vt � - o t� 9t• SFA�r� oua + � 101 Conger Boulevard Groton , N . Y . 13073 LEGAL NOTICE TOWN OF GROTON rii liCr: 1' 3 4' GIV&I , t::at a public hearing will be held by the Board cf Appeals of the Town of Groton at the Town Hall , 101 Conger Boulevard , Groton , New York , on the 23rd day of July , 1985 , at 8 :00 p , ,i . A fact finding hearing gill be held upon writ-tan complaints of Gary Vood , Code Enforcement Officer of the Town of Groton , charging the following- viola.ti ins 1 ) Violation of the Town of Groton land Use and Development Code , . - Section 312 , and Licensing and Regulation of Junkyard Ordinance - - by the following landowners by harbouring inoperable vehicles — -and other junk by : — - Allan Rawson , 179 Hinman Road , Groton , N . Y . Richard Reimer, 850 Cobb Street , Groton , N . Y . 2) Violation of the Town of Groton Land Use do Development Code , Section 402 . 2 , by =dertaking constrt:ction without a zoning permit ; and N . Y . S . [hiform Fire Prevention and 57ulding Code by constructing without inspections for Code Compliance and occupying the structure with a Certificate of Occupancy by : Brian Lucey , 481 Lafayette Road , Groton , N . Y . All persons interested will be heard . Cozm=ications in writing in relation thereto may be filed with the Board before or at this hearing , Janet B ell , Chairman Zoning Board of Appeals - Dated .e July 16 , 1985 4 AFFIDAVIT OF SERVICE -OF- NOTICE OF VIOLATION f � STATE OF NEW YORK, COUNTY OF TOMPKINS SS. : �7 � ing duly sworn, deposes and says : that deponent is not a party to this action, is over 18 years of age and resides at 4/l -P/`�6ei ��l{ • f L� That on " l t 19AJ at M., at deponent served the within . Notice of Violation on " L �� /�f! �Jyul sew addressee therein named, INDIVIDUAL by delivering a true copy of each to said defendants personally ; deponent knew the person so served to be the person described as said 1 , ® addressee CORPORATION a corporation, by delivering thereat a true copy of each to personally, deponent knew said corporation so served to be the corporation described in said summons as said defendant and knew said 2 ' ❑ individual to be thereof SUITABLE by delivering thereat a true copy of each to. A person of suitable AGE PERSON age and discretion. Said remises is g p addreme9ctual place of business—dwelling house—usual place of abode— within the state. 3. ❑ AFFIXING TO by affixing a true copy of each to the - do6r of said premises, which isaddreSs' egactual place of business—dwelling house—usual DOOR. ETC. place of abode—within the state. Deponent was unable, with due diligence to find defendant or a person of suitable age and discretion, 4 , ❑ thereat, having called there - .. .ast known MAILING Deponent also enclosed a copy of same in a postpaid sealed wrapper properly addressed to at addref ;•see" ' s -resi- USE WITH denee, at and deposited said wrapper 3 or 4 _ is—a post office—official depository under exclusive care and custody of the United States Postal Service within 'New York State. El DESCRIPTION Deponent describes the individual served as follows : USE WITH k Male ❑ White Skin ❑ Black Hair White Hair ❑ 14-20 Yrs. ❑ Under 5' ❑ Under 100 Lbs. 1 . 2 . or 3 ❑ Female ❑ Black Skin ❑ Brown Hair ❑ Balding ❑ 21-35 Yrs. ❑ 5'0"-503" ❑ 100.130 Lbs. ❑ ❑ Yellow Skin ❑ Blond Hair ❑ 36.50 Yrs. J ( 5'4"-5'8" ❑ 131-160 Lbs. ❑ Glasses ❑ Brown ❑ Gray Hair ❑ Mustache 0; 51-65 Yrs. ❑ 519"-6'0" ' 161.200 Lbs. ❑ Red Skin ❑ Red Hair ❑ Beard ❑ Over 65 Yrs. ❑ Over 6' ❑ Over 200 Lbs. Other identifying features : USE IN NYC CIVIL CT. ❑ The language required by NYCRR 2900.2(e), (f) & (h) was set forth on the face of said summons(es). MILITARY I asked the person spoken to whether defendant was in active military service of the United States or of the State of New York in any SERVICE capacity whatever and received a negative reply. Defendant wore ordinary civilian clothes and no military uniform . The source of my ❑ information and the grounds of my belief are the conversations and observations above narrated. Upon information and -belief I aver that the defendant is not in the military service of New York State or of the United States as ' that term is defined in either the State or in the Federal statutes. Sworn to before me on �,ie'� / Gsa�f/ �v--------- 44� /Elr .. ` w. .. .- Q Print name beneath si&hature LICENSE NO . . . . . . . . . . . . . . . . . . . . . . . . . . . INSTRUCTIONS : Check appropriate boxes and fill in blanks. Delete inappropriate italicized language and mili- tary service allegation if not applicable. r C.ADr�� �j n,✓1 The Town Board ' E 1 8`1 7 ;: off Town of Groton od �. p. � fy�' o� NSA Groton , New York 13073 TO : Allen Rawson DATE : May 28 , i985 179 Hinman Road Groton , New York 13073 PLEASE TAKE NOTICE that you have been found to be in violation of the Town of Groton Land Use & Development Code ; and , the Ordinance Licensing and Regulating Junk Yards by the Code Enforcement Officer in accordance with the attached copy of Notice of Violation mailed to you on November 28 , 19849 YOU ARE HEREBY ADVISED . that in accordance with Section 410 . 7 of the Town of Groton Land Use & Development Code you have fifteen ( 15 ) days in which you may respond , in writing , to the Board of Zoning Appeals with an answer to the alleged violations . YOU ARE HEREBY FURTHER ADVISED that upon receipt of your answer , or in the event you do not respond to this Notice of Violation within fifteen ( 15 ) days from the above date , the Board of Zoning Appeals shall cause the Town Clerk to publish in the Official Town Newspaper , a notice of public hearing upon the complaint . On the date . fixed for the hearing , the Board of Zoning Appeals shall act as a fact finding body of the Town and may act in the following manner based upon the facts adduced at such hearing . 1 . Refer the complaint back to the Zoning Office for processing through the Town Courts ; 2 . Grant a variance ; 3 . Dismiss the complaint . Janet Bell , Chairperson Board of Zoning Appeals cc : Town Board Planning Board Code Enforcement Officer Town Attorney tl ai G�f� 0 �( IC The Town Beard 4' ift Town of Groton l 1g1T o CO U Mtn w.� Groton , New York 13073 NOTICE OF VIOLATION TO : Allen Rawson DATE * November 28 , 1984 179 Hinman Road Groton , New York 13073 Affected Property : 179 Hinman Road Tax Map No . : 5- 18- 1- 13 Owner of Record : Allen Rawson 1 . You are hereby notified that you have been found to be in violation of the Town of Groton Land Use & Development Code , Section 312 by harboring inoperable vehicles and other junk and the "Ordinance Licensing and Regulating Junk Yards " by harboring inoperable vehicles and other junk . 2 . The following corrective measures should be taken not later than 28 Dec 84 Remove the offending items . 3 . If you have not complied with the Laws and Regulations cited by the above date , it will be necessary for me to submit this Notice of Violation to the Town of Groton ' s Board of Zoning Appeals for legal action . 4 . 1 can be reached at 753- 8421 if you would like to discuss this matter with me . Gary L . Wood , P . E . Code Enforcement Officer CC * Town Board Planning Board Board of Appeals Town Attorney .r Grog j o HV wn Board .. ... � T ,he To t Groton, New YOrk 13073 May 2S � 1985 DATE . Allen RaNsan T O : .. Road. 1'l9 Hines Groton N erg York 13a73 been found to be in violation of nds Town that you have a c 11 e PLEASE TAKE NOT Development Code ; and . Use E of Notice of of Groton Land junk Yaxds 1at � n Officer in accordance with the attached cop Re Enforcement 289 19840 by the Code you on Novemb �=r Section 4Z0 . 7 of the Violation mailed to Y with s in which ADVISED that in accordance 15 day YOU ARE HEREBY ment Code you have fifteen ( 1 Land Use & Develop eals with � an answer to Town of Groton to the Board of Zoning APP respond , in writing , you may t of your answer , or the alleged violations . on receipt s ADVISED that up ay U ARE HEREBY FURTHER •Clerk to to this Notice of Violation Chef Town . � the YO eals . s_ ha in the event you do not respond public hearing) peals shall the Board of Zoaner9 ap notice of P APP from the -above ' date , News p ar9 g , the Board of Zoning and may act in the follow + n9 manner based publish in the Official Town P complaint . On the. date ody fixed the Town y - act as a fact fin d ► ng — — upon the facts adduced at such hearing • Office for processing 1 • Refer the complaint back to the Zoning through the Town Courts ; 2 • Grant a variance ; 3 • Dismiss the complaints Janet Bell , Chairperson Board of ZoningAppeals cc : Town Board I Planning Board Code Enforcement Officer Town Attorney J �+ pi GApt p f tII The Town Board e ` R " T ` ° 1 �181T RicTown of Groton do s �ouM� Groton , New York 13073 NOTICE OF VIGLATION TO : Allen Rawson DATE : November 28 , 1984 179 Hinman Road Groton , New York 13073 Affected Property : 179 Hinman Road Tax Map No . : 5- 18- 1- 13 Owner of Record : Allen Rawson 1 . You are hereby notified that you have bees o found to be in violation of the Town of Groton Land Use E Development Code , Section 312 0by harboring inoperable vehicles and other -junk and the "Ordinance Licensing and Regulating Juik Yards " � • by harboring inoperable vehicles and other juik . 2 . The following corrective measures should be taken not later than 28 Dec 84 Remove the offending items . 3 . If you have not complied with the Laws and Regulations cited by the above date , It will be necessary for me to submit this Notice of Violation to the Town of Groton ' s Board of Zoning Appeals for legal action . 4 . 1 can be reached at 753- 8421 if you would like to discuss this matter with me . Gary L . Wood , P . E . Code Enforcement Officer : CC : Town Board Planning Board Board of Appeals Town Attorney : 'EPIC %,�••. �.j.� The Town Board �� 1 te � 7` " " T ` ° � Town of Groton ; o � • . a f A t, +�� 101 Conger Boulevard Groton , N . Y . 13073 LEGAL NOTICE TOWN OF GROTON NOTICE IS HEREBY GIVEN , that a public hearing will be held by the Board of Appeals of the Town of Groton at the Town Hall , 101 Conger Boulevard , Groton , New York , on the 23rd day of July, 1985 , at 8 : 00 P . M . A fact finding hearing will be held upon written complaints of Gary Wood , Code Enforcement Officer of the Town of Groton , chargiig the following violations.: 1 ) Violation of the Town of Groton hand Use and Development Code , Section 312 , and Licensing and Regulation of runkyard Ordinance by the. --following landowners by harbouring ino: .) erable vehicles } and other junk by : Allen Rawson , 179 Hinman Road , Groton , N . Y . Richard Reimer , 850 Cobb Street , Groton , N . Y . 2 ) Violation of the Town of Groton Land Use & Development Code , Section 4,02 . 2 , by undertaking construction without a zoning permit ; and N . Y . S . Uniform Fire Prevention and Building Code by constructing without inspections for Code Compliance and occupying the structure with a Certificate of Occupancy by : Brian Lucey , 481 Lafayette Road , Groton , N . Y . All persons interested will - be heard . Communications in writing in relation thereto may be filed with the Board before or at this hearing . Janet Bell. , Chairman Zoning Board of Appeals Dated : July 16 , 1985 -- - ' AQ �- -- of Gq� The Town Board E ►1 [ 17 Town of Groton Groton , New York 13073 TO : Allen Rawson DATE : May 28 , i985 179 Hinman Road Groton , New York 13073 PLEASE TAKE NOTICE that you have been found to be in violation of the Town of Groton Land Use & Development Code ; and , the Ordinance Licensing and Regulating Junk Yards by the Code Enforcement Officer in accordance with the attached copy of Notice of Violation mailed to you on November 28 , 1981 " . YOU ARE HEREBY ADVISED . that in accordance with Section 410 . 7 of the Town of Groton Land Use E Development Code you have fifteen ( 15 ) days in which you may respond , in writing , to . , the Board of Zoning Appeals with an answer to the alleged violations . YOU ARE HEREBY FURTHER ADVISED that upon receipt of your answer , or in the event you do not respond to this Notice of Violation within fifteen ( 15 ) days from the above date , the Board of Zoning A :) peals shall cause the Town Clerk to publish in the Official Town Newspaper , a notice of public hearing upon the complaint . On the date . fixed for the hearing , the Board of Zoning Appeals shall act as a fact finding body of the Town and ► nay act in the following manner based upon the facts adduced at such hearing . 1 . Refer the complaint back to the Zoning Office for processing through the Town Courts ; 2 . Grant a variance ; 3 . Dismiss the complaint . G Janet Bell , Chairperson Board of Zoning Appeals cc : Town Board Planning Board Code Enforcement Officer Town Attorney C vr*^ �� pi 64pt The Town Board o LIl loll ` dc Town of Groton CoUIN Groton, New York 13073 NOTICE OF VIOLATION TO : Allen Rawson DATE : November 28 , 1984 179 Hinman Road Groton , New York 13073 Affected Property : 179 Hinman Road Tax Map No . : 5- 18- 1- 13 Owner of Record : Allen Rawson 1 . You are hereby notified that you have been found to be in violation of the Town of Groton Land Use E Development Code , Section 312 ; by harboring inoperable vehicles and other junk and the "Ordinance Licensing and Regulating Junk Yards " by harboring inoperable vehicles and other junk . 2 . The following corrective measures should be taken not later than 28 Dec 84 Remove the offending items . 3 . If you have not complied with the Laws and Regulations cited by the above date , it will be necessary for me . to submit this Notice of Violation to the Town of Groton ' s Board of Zoning Appeals for legal action . 4 . 1 can be reached at 753- 8421 if you would like to discuss this matter with me . Gary L . Wood , P . E . Code Enforcement Officer CC : Town Board Planning Board Board of Appeals Town Attorney ww► c �O -Q v / [ A [ CT [ D The Town Board 4 Town of Groton you~sSEA C o u 11I� ' w.. Groton , New York 13073 TO : Allen Rawson DATE : May 28 , 1985 179 Hinman Road Groton :, New York 13073 PLEASE TAKE NOTICE that you have been found to be in violation of the Town of Groton Lang Use & Development Code ; and , the Ordinance Licensing and Regulating Junk Yards by the Code Enforcement Officer in accordance with the attached copy of Notice of Violation mailed to you on November 28 , 1984 . YOU ARE HEREBY ADVISED . that in accordance with Section 410 . 7 of the Town of Groton Land Use E Development Code you have fifteen ( 15 ) days in which you may respond , in writing , to the Board of Zoning Appeals with an answer to the alleged violations , YOU ARE . HEREBY FURTHER ADVISED that upon receipt of your answer , or in . the event k,fou do not respond to this Notice of Violation within fifteen ( 15 ) days from the above date , the Board of Zoning Appeals shall cause the Town Clerk to publish in tFe Official Town Newspaper , a notice of public hearing upon the complaint . On the date . fixed for the hearing , the Board of Zoning Appeals shall act as a fact finding body of the Town and may act in the following manner based upon the facts adduced at such hearing . 1 . Refer the complaint back to the Zoning Office for processing through the Town Courts ; 2 . Grant a variance , 3 . Dismiss the complaint . Janet Bell , Chairperson Board of Zoning Appeals cc : Town Board Planning Board Code Enforcement Officer Town Attorney .ate � pf Gq0 f ICI The Town Board a ` � aTT ° ,o Town of Groton s ro u Ill Groton, New York 13073 NOTICE OF VIOLATION TO : Allen Rawson DATE : November 28 , 1984 179 Hinman Road Groton , New York 13073 Affected Property : 179 Hinman Road Tax Map No . : 5- 1F: - 1- 13 Owner of Record : Allen Rawson 1 . You are hereby notified that you have been found to be in violation of the Town of Groton Land Use E Development Code , . Section 312 0by harboring inoperable vehicles and other junk and the "Ordinance Licensing and Regulating Junk Yaris " by harboring inoperable vehicles and other junk . 2 . The following corrective measures should be taken not later than 28 Dec 84 Remove the offending items . 3 . If you have not complied with the Laws and Regulations cited by the above date , I t will be necessary for me to submit this Notice of Violation to the Town of Groton ' s Board of Zoning Appeals for legal action . 4 . I can be reached at 753- 8421 if you would like to discuss this matter with me . Gary L. . Wood , P . E . CC Town Board Code Enforcement Officer : Planning Board Board of Appeals Town Attorney