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HomeMy WebLinkAbout1971-11-17 ZONING COMMISSION PUBLIC INFORMATION MEETING Held in Groton City Church Basement - November 17 , 1971 . PRESENT : H . Dow OTHERS PRESENT : G . Totman Terry Christofferson B . Bucko Helen DeMonde R . Cotanch Russell DeMond L . Sovocool Lois Dow V . Rankin Robert Brown L . Baker G . Hoy J . Bell - Secretary D . Hall Edward Sherman A . Clark - Ithaca Journal Loretta Sherman and Mrs . Clements The meeting started at 8 : 05 P . M . and was over at 10 : 00 P . M . H . Dow : Ordinarily Glenn Munson would introduce this meeting and I know he would if he could make it here , but he won ' t be here until later so we may as well start the meeting . The meeting tonight was called , as was the one in West Groton , and the one to be held in McLean and also one more in Groton itself , for the purpose of informing as many people as can make the meetings as to the meaning of this thing called Land Use Ordinance or zoning ordinance . This business we are at tonight is an outgrowth of something that has been going on for well over two years and long before that the seed of this whole thing was planted in a legislative act known numerically as 701 . Two fellows here tonight are members of the 701 Committee , Ron Cotanch and George Totman . I ' m going to ask Ron if he will introduce this background by telling us briefly how the 701 was born and what it really means and then we ' ll go on from there . R . Cotanch : O . K . Zoning is sometimes called a cloudy issue but I don ' t feel it was necessary to bring it right down on the ground tonight - - it ' s not that bad ! Now this 701 as is referred to is the numerical section of a 1954 legislative act of the Federal government under HUD . This act enables the local municipalities to cooperate with the State and Federal governments to finance a master plan study and the outcome of this plan would be a zoning ordinance to let it become a reality over 25 years to shape the future of a community . Does that cover it ? H . Dow : I think that ' s well done , Ron . George , do you want to add anything to that ? G . Totman : No . H . Dow : Well then , when it was created for the purpose of using Federal - 1 - monies through State channels to zone or redistrict or plan local communities , there was one requirement that was in there and that was the Town Board had to meet and before it could go into the actual act of studying zoning it was necessary to create a planning board because , if this wasn ' t done , they couldn ' t have Federal grants through the State office . So the Town Planning Board was created for the purpose of working with the Town Board in studying the local situation and bringing facts to bear on the local study . Then a concern in Ithaca was employed , - - Egner and Niederkorn , - - as consultants and they put together a draft of this Groton Town Ordinance . Now another step had to be followed before any effective measures could take place , - - the local Town Board had to create a Zoning Commission . The law specified that the Zoning Commission could be made up of the existing Town Planning Board committee so the Groton Town Planning Board was made into the Zoning Commission . Tonight as we sit here , those of us who were on the original planning board , - - Ron , George and I , - - are now on what is called the Groton Zoning Commission . With all that background and organization there is still one step further that will be made before the whole story is completed , - - once the Town Board votes and they will make up their minds in terms of public interest in the whole project , - - once they do make up their minds and vote then a Board of Appeals must be appointed and they are the final body and will deal with the unusual , - act on variances and so forth . Now to get started on the story tonight , I ' d like to show you what this Town map actually means in terms of a land use ordinance or zoning ordinance . This is the Town of Groton , - the white section right here is the Village proper and around the Village you will see a green border that is explained as low intensity . Here is West Groton which is considered low intensity area , - also Peruville '. McLean and , - - Groton City is not even on the map but we ' re white you see . This whole area around about this colored center is agricultural . The pink part in both the area east of Groton and part of McLean , are medium intensity . Agricultural is open country , - - the green , or low intensity , means low intensity in the sense it ' s an area where residences and commercial units are intermixed and where there is a rather even mix . In the red area , it ' s proposed that if new businesses come into the area they would naturally be directed into an area pretty well restricted to commercial development and when Route 222 is finished will probably attract many businesses coming into this area . This area is 2 , 600 ft . wide - - 1300 ft . on each side of Route 222 from where Neville ' s live to the Salt Road . This is considered to be an area that will be developed as commercial over the next decade more than the rest of the area . So we have agricultural , low intensity and medium intensity and that is the definition of those terms and later on , in the ordinance release here , we have the different types of developments that are directed to each one of those three . Has anyone a question at this point before we show the different pages 2 - on the machine ? R . Cotanch : You might have Ben explain the cost of this total project . B . Bucko : You know more about it than I do . I think the Village and the Town each contributed 1 / 8th of the cost of the total project and the State and Federal governments put up the rest . H . Dow : It ' s 1 / 6th and that makes 1 / 3 and 2 /3 comes from the government . R . Cotanch : And the money is for both the first and second phaes of the plan . The second phase isn ' t started yet . This is less than $ 1 . 00 per person with the Federal and State grants . The first phase was $ 18 , 000 and something , and the second phase is $ 5 , 500 so this makes a total of $ 23 , 500 . H . Dow : Gordon do you want to throw that switch to darken the room so I can project these pages on the screen for everyone to see ? My reading these pages aloud is not a matter of choice but it was suggested that if some person would read these pages aloud , we ' d save time and , as we go along , if you have a question speak right up and we ' ll refer to the completed ordinance copy and try to answer any questions that come up , Mr . Dow then read aloud the following : Article I - Title and Purpose Article IV Article V - General Provisions H . Dow : There has been so much discussion over mobile homes that I ' d like to point out that they are to be considered , in terms of this ordinance , in the same light as single family dwelling units . Now there is no truth in the statement that people can ' t live in mobile homes , - - they can but , when they do , they have to conform with the same regulations that apply to a house . R . Cotanch : There is no difference between mobile homes and houses . However , they do have to comply with certain things peculiar to mobile homes , - - for instance skirting or things of this nature . Also the mobile home ordinance in effect now will be enforced but this zoning ordinance would treat them as houses . H . Dow : In other words it has to be of a permanent location . B . Bucko : The mobile home ordinance still will control the erection of mobile homes . All this does is say you have to comply as far as the side yard and front yard requirements and so forth . H . Dow : This comes up every time , - - I own my land , - - I pay the taxes , - - I ' m entitled to it and have every right as a taxpayer . Now that is true but it is also true of the guy next door . If your neighbor next door comes to you some day and says he owns the land and is going to put a rendering works in there , you haven ' t much to say because he is the taxpayer and has the right to do this . You may resent his action so once again an ordinance is simply a guarantee of privilege both ways . - 3 - Mr . Dow then read aloud the following : Article VI - Land Use Activities . H . Dow : Now then , this is in keeping with Article VI and that map with the 3 colors . Remember the map now the white is A column , the green is the L column and the pink is the M colmn . ( Mr . Dow went on to explain Section 601 Activities and Areas and what was allowed in the various areas and that the ones with asterisks are the ones where these are allowed with a special permit . ) B . Bucko : For instance say a drive - in theater near somebody ' s farm -the people might not object if there were certain conditions saying you have to have a 12 ft . high fence or trees around it and no illuminated lights or the driveway in a certain spot . These are items that might possibly be put in there . G . Totman : It means also that if it is applied for there will be a public hearing so people in the area have a chance to express their opinions pro and con . I think in a way it ' s a good point to think of having the zones like this so that when you are buying a home you have some assur - ance that the area will stay the way it is when you buy there . More discussion was held on this by Mr . Dow , Mr . Totman and others . Loretta Sherman : Sir , would you explain that No . 8 , - - travel trailer . B . Bucko : Parked . Mr . Dow then read Article VII - Regulations - Agricultural Area aloud . B . Bucko : In the agricultural zone , silos and other farm structures don ' t have to comply . They are exempt from that area . H . Dow : In other words the farmer could have a grain elevator , silo , -any thing like that would not be regulated in terms of height . Now we go to the green area right around the Village of Groton . (Mr . Dow read Article VII - Low Intensity Area - - aloud . ) Now we get to that pink area on the map , which is the medium in - tensity , and , in my opinion , that will be the area in the Town of Groton which , in the next 10 to 20 years , is going to attract commercial enterprises . Mr . Dow then read Article IX - Regulations - Medium Intensity aloud . H . Dow : Any questions now before we move along ? R . DeMond : No . - 4 - H . Dow : Special Permits - Article X If we ' re going to look forward to the day in the Town of Groton when we can have a lower tax rate or a non- climbing tax rate , the only way to do it is to have more dollars coming from increased assessed valuation and the only way to get this is to encourage more people to move here . Then , some day , when we share the load with more people it will only be if they can be assured that the propertie they buy and invest their money in are controlled and not unstle and unpredictable so , as we look to the ordinance , we are looking at our own future taxwise . Mr . Dow read the following aloud : Article XI - Off - Street Parking Article XII - Signs Article XIII - Non - conforming Uses Article XIV - Administration . R . DeMond : Do you have to have a permit to rebuild a building that has burned down ? H . Dow : No , - - you can also add additional structures like a tool shed if it doesn ' t exceed 60 sq . ft . without a special permit . R . DeMond : Supposing some of your buildings weren ' t complying under the zoning ordinance and you wanted to build on to them? H . Dow : I don ' t think you could . Could stay where you are but couldn ' t add to them . B . Bucko : Russ , in your particular case , you live in an agricultural zone . The only time you would have a non - conforming use would be if you had a drive - in theatre , - -but agricultural buildings , -no . You ' re in a non - conforming use in that particular case . H . Dow : He started out by asking if he had a non - conforming building . What building would be in an agricultural area ? B . Bucko : There isn ' t any . H . Dow : By definition , - - if you were not a farmer , you couldn ' t add to the building ? G . Totman : Unless you were adding to it to make it conform . B . Bucko : Right . Mr . Dow then read Article XV - Appeals aloud . R . DeMond : How many men on this Board ? H . Dow : Five . - 5 - R . DeMond : From all walks of life ? H . Dow : The Town Board would try to select representatives from each segment , - - they should have mixed on there . L . Shermatt : And a housewife ! H . Dow : Yes , and a housewife ! Mr . Dow then read Section 1502 - Variances aloud . R . Cotanch : A question back here was asked , Ben , - on hardships . This doesn ' t refer to family ? B . Bucko : It ' s topography and land use . Mr . Dow then read Article XVI - Amendments aloud . H . Dow : Ben , would you please define "plat " ? B . Bucko : A plat means a developer lays out a map showing where the houses will be located on that lot , where the sewers and everything else will be and , under the law , the Planning Board has the right to modify the zoning ordinance pertaining to that particular subdivision . ( Mr . Bucko then read the last paragraph of Section 1600 aloud and explained it was only for that particular subdivision . ) Mr . Dow then read Article XVII - Violations and Penalties aloud . B . Bucko : May I interrupt there ? It says "when a violation of this ordinance . . . . . . continues for one week " my girl didn ' t copy it correctly . It ' s continually , - - if it goes on for one week , not 24 hours . H . Dow : Alright , - we ' ll change that . Mr . Dow then read Article DVIII - Miscellaneous aloud . H . Dow : We ' ve done a lot of reading so now I wonder if you might like to ask a few questions and we ' ll try to answer them . Actually they say , no matter what we do , there will be change and there are two kinds of change , - - one is uncontrolled and will take place anyway , - and the other is that which is regulated for the common good , - - for the most people and , in substance , that is really what an ordinance is , - - a set of standards to protect everybody and will actually increase everybody ' s freedom if you know to what extent you can carry out your intentions and plans . R . DeMond : If you want to alter this ordinance at any time , can you alter it ? Say in my case that I can only have so many animals on so many square feet of my land ? Suppose I should decide I want to raise 800 - 900 beefers and want to keep them in a certain area , can my neighbors come in and change this zoning ordinance because of the odor or noise or something ? B . Bucko : Yes , H . DeMond : What yardstick is now in effect ? 6 - H . Dow : Let ' s take care of Russ here first . There was a pig farmer who had a public nuisance , and at this moment the farmer is still protected and is still in business . I know I sent in $5 . 00 through the Farm Bureau since I don ' t want to see something started that would eventually crowd farmers right off the map . But your situation , Russ , - what about changing this if your neighbors raise a howl ? B . Bucko : The Town Board has the final say . You would have a public hearing on both sides and present your casbs and the decision would be made by the Town Board . More discussion was held on this by R . . Contanch , R . DeMond , H . DeMond , B . Bucko and others . H . DeMond : In other words , there is no protection for the farmer if he decides to do this . What is the yardstick to measure what is normal farm operation . H . Dow : First of all on your own land in terms of your farm boundaries , it ' s free to the operation of your farm but , whether you ' re a farmer , mechanic , or what have you , when you infringe on rights of a neighbor where is that line ? , - - I don ' t know . B . Bucko : It ' s a factual question for when it comes up , More discussion was held on this by Mrs . DeMond , H . Dow and B . Bucko . H . Dow : I don ' t know how much this is worth but I will say this is the strongest tool that farmers have today , - - not the Grange or Coop . , - - the Farm Bureau , and I think every farmer , if he is to hold on , will find it the best organ to help out . They are the only body I know of that are on the job for farmers . G . Totman : I think you have a good point . One of the other things I think of is where are these people getting the land and who are they buying it from ? It ' s the farmers who are selling them the land ! B . Bucko : The Land Use activities in this ordinance , as it is defined , - - most of it is restricted to farming itself . Anything else , even transmission lines , have to have a special permit , - -mobile home parks have to have a special permit , - - drive - in theaters have to have a special permit , - - so you do have some opportunity to express your views to the Board of Appeals before this permit is granted . R . Cotanch : This was kicked around quite a lot in the 701 program to begin with and we , on the 701 committee , would like Groton to stay that way , - - an agricultural community . However you can ' t tell Joe Blow , some 60 - odd years old , that he can ' t sell his land and move to Florida . More discussion was held on this by H . Dow , R . Cotanch , Mrs . DeMond and others , - 7 - Some discussion was held on farmers adding on buildings or enlarging buildings and what would be necessary in order to do this . Mrs . DeMond : You have to apply for a building permit for any building you want to put on a farm . B . Bucko : Right . There wouldn ' t be any reason for the building inspector to deny it unless you didn ' t meet the health requirements . R . DeMond : On this junk deal , - - I have 4 - 6 trucks that I only use in the peak time of the year and they are licensed , can they be left there or do they have to be removed ? B . Bucko : As long as they ' re licensed , they can stay there . Bob Brown : Do these rules apply to any existing buildings or anything ? H . Dow : No . B . Brown : The reason I asked is because of the problem they are having in Cortland because of the concrete works . I just wondered if this thing would apply to any existing building . B . Bucko : No , they have the right to exist there but cannot go from one non - conforming use to another . More discussion was held on this by R . Cotanch , H . Dow and others . H . Dow: Do any of the girls have any questions ? L . Sherman : Where does that green area start in West Groton ? Mr . Dow and Mrs . Sherman went and looked at the map and he showed her what area was involved . The meeting adjourned at 10 P . M . Res ectfully submitted , Jo phine Bell - 8 -