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HomeMy WebLinkAbout1975-07-09 A ZONING BOARD OF APPEALS PUBLIC HEARING AND MEETING Held at the Town Hall Groton , N . Y . Wednesday , July 9 , 1975 PRESENT : Gordon Hoy - Chairman* Be Bucko - Town Attorney* Floyd Fouts* D . Snell - Zoning Enforcement Officer* Richard Bell* George Totman - Town Planning Board* George Lawrence Mrs . Richard Bell* Janet Bell H . Fink - Chairman - Town Planning Board* Mrs . Marilyn Hulbert* Josephine Bell - Recording Clerk* A . Clark - Ithaca Journal* * - Denotes those present . Mr . Hoy called the hearing to order at 20 to 8 PM and read aloud the Notice of Public Hearing on the application of Marilyn Hulbert for a variance , a copy of which is attached and made a part of these minutes . This was published in the Journal and Courier on June 25 , 1975 . G . Hoy : Could we hear from you first , Mrs . Hulbert ? M . Hulbert : I ' d like to build two bedrooms on my trailer . G . Hoy : The reason for the variance is lack of required frontage . R . Bell : I still can ' t see why - we I want to ask George why this should come to us on a lot size . G . Hoy : You mean why it should come before us ? R . Bell : George and Dana - - can both of you come here just a second ? Explain to us first why this came to us - - I can ' t see why it should actually . D . Snell : They only have 112 ft . frontage . R . Bell : But it ' s an existing building , - -a trailer that is already there and no way can change that irregardless , and all they are doing is putting an addition on the back of a trailer , - - the frontage now is 112 ft . G . Totman : The 112 ft . frontage and trailer - was there before the ordinance went into effect . How deep is the lot ? G . Hoy : 138 ft . G . Totman : I ' m not familiar at all with what you are talking about . R . Bell : I know , but I ' m just curious to know whether it should affect us or . not . Be Bucko : What is it for ? R . Bell : Just the lot size , - -not enough frontage . Be Bucko : The question on the lot size -would be , - -was the lot originally there ? - 1 - 46 R . Bell : Apparently , yes . B . Bucko : Did you have the lot there for 112 or did you sell some off? M. Hulbert : I sold some off after the new zoning was in but I didn ' t know about it . B . Bucko : In effect what she did was create the problem , then . M. Hulbert : But I sold a lot 118 ft . which should not have been passed either . My uncle is on it and he got a permit to go on it . G . Totman : How long ago did this take place? M . Hulbert : About 3 years ago . G . Totman : There shouldn ' t have been a permit for that either . The question here is apparently she has a trailer on 112 ft . lot and wants to put an addition on the rear , - -not the side , - - and the lot goes back 138 ft . B . Bucko : What is the application for ? Lot size ? M . Hulbert : Lot size . G . Totman : How close would this addition be to the back of the lot ? R . Bell : 48 ft . D . Snell : It ' s 160 ft . R . Bell : Myself , I can ' t see any big reason for us to actually have to vote on this . Maybe I ' m wrong , I can ' t see it . G . Totman : You hit me cold on this one . Must have done the same to Ben , too , be - cause he isn ' t saying anything . B . Bucko : Actually you created two illegal lots and one was granted to putaa trailer on and now you ' re applying for a variance to build the addition . G . Totman : Apparently when she went toyou , Dana , you said she would have to ask for a variance . B . Bucko : By first applying for an area variance , - - and the other trailer is on there ? So she ' s asking for a variance on the lot size . R . Bell : That ' s something that is already established , anyways . B . Bucko : It ' s not for the building of the bedrooms . The Board of Appeals can only grant variances on three bases : uniqueness of the land ; hard - ship because of topography of the land and one other , - -but what are you going to do , - - the trailer is there , and the other one is there , too . R . Bell : Right . B . Bucko : Mr . Romaine should come in for a variance on his lot , too . M . Hulbert : He probably will . 2 - G . Totman : Is this Vic ? M . Hulbert : Yes . B . Bucko : Without the variance , she couldn ' t sell the land , - - she could live there - - unless the Zoning Enforcement Officer says you can ' t , - - R . Bell : This is true , - -whenever she would want to sell it then the stickler would come in . A . Clark : Can ' t change a nonconforming use without a variance . B . Bucko : The nonconforming lot was not in existence prior to the zoning ordinance , = it was created so it isn ' t a nonconforming use . R . Bell : Right . G . Totman : You ' ve actually deeded the land over ? M . Hulbert : Yes , 118 ft . frontage . B . Bucko : And a building permit was issued to Mr . Romaine from the Zoning Officer here in Town ? Or just a health certificate ? M . Hulbert : No , he got it from Town . What we ' re going to try to do is buy a little more land . G . Totman : Are you going to build this yourself , or have it built ? M . Hulbert : My uncle is going to build it . G . Hoy : Is there any more discussion on this ? R . Bell : The only thing I would say is I hate like the devil to see it moved out of there and if we grant a variance and have a house in there later on or something else , - - for her I see no problem . G . Hoy : No , there wouldn ' t be any problems as long as the trailer is there and she ' s living there . She could sell the lot , couldn ' t she ? R . Bell : Yes , she could sell it and they could move another trailer in there . B . Bucko : If you grant the variance , you ' re granting it for lot size so from there on in it could be sold but if a bigger trailer is put in the zoning ordinance would apply . . G . Hoy : But alright for a trailer the same size as is there now ? B . Bucko : Right . G . Hoy : Any more discussion on this ? Since there ' s none , I ' ll now close the hearing . The hearing was closed at 10 minutes to 8 P . M. Mr . Hoy convened a meeting of the Zoning Board of Appeals at 9 minutes to 8 P . M . R . Bell made a motion that the variance for M . Hulbert be granted . The motion was seconded - 3 - e by F . Fouts and , upon vote , unanimously carried and the variance granted . M . Hulbert : Thank you very much . The meeting adjourned at 5 to 8 P . M . Respectfully submitted , Josep ine Bell - 4 -