HomeMy WebLinkAbout1975-09-22 dP i
GROTON ZONING BOARD OF APPEALS PUBLIC HEARING.'
Held at the Town Hall , Groton , N . Y .
Monday , September 22 , 1975
8 * 00 P . M .
PRESENT : G . Hoy - Chairman* D . Snell - Zoning Enforcement Officer*
F . Fouts*
R . Bell* J . Bell - Recording Clerk*
J . Bell*
G . Lawrence T'. Darling*
M . Darling*
- Denotes those present .
Mr . Hoy called the hearing to order and read aloud
the Notice of Public Hearing regarding the Darlings '
application for a variance which was published in
the Journal and Courier on September 10 , 1975 , a copy
of which is attached to these minutes and made a part
thereof .
G . Hoy : Mr . Darling , would you like to explain as well as you can
about this lot ?
T . Darling : It will be in our name and we don ' t know if we are going to get
a trailer until we make sure we get the variance and we don ' t
want to do anything until we do .
G . Hoy : This is adjacent to your Father ' s ?
M . Darling : No , my Father ' s .
G . Hoy : Janet , here ' s a copy of their request .
R . Bell : Your folks are the Clarks ?
M . Darling : Yes .
G . Hoy : This lot , then , goes right to the edge of somebody else ' s
property?
T . Darling : There ' s a hedge row , right .
D . Snell : It goes to the edge of Bancroft ' s .
G . Hoy : Yes ,
R . Bell : This actually doesn ' t border right on the road .
M . Darling ; No , there ' s Adams Machinery Shop there .
R . Bell : Yes , in between .
1 -
G . Hoy : Have you seen , or asked Bancroft if you could purchase any
more land tonmake it a legal lot ? This way , putting a trailer
in , you don ' t have any place for a garage or anything . If
you want one later on you would have to go through this same
thing again . Do you understand this ?
Mr . & Mrs . Darling : Yes .
G . Hoy : Whereas if you can buy a little more land , then you could do
your building with just a permit , right . Have you looked
into this aspect of it ?
T . Darling : No . You mean just get his permission , right ?
R . Bell : No , all you have to do is buy whatever you need to make it a
legal frontage from Don . You could take care of the hedge
part of it after that or leave it right there . Does that
make any difference , Gordon ?
G . Hoy : No , that wouldn ' t be a problem . Usually on a request like this
there has to be hardship , - - there ' s 3 things we can grant a
variance on and one of them is hardship and I don ' t even know ,
without looking them up , what the other 2 are and until you
look into whether you can purchase another strip of land , the
hardship , - - I would say is out . How deep is the lot ?
T . Darling : 213 ft .
G . Hoy : Is that the depth of it ?
D . Snell : 71 paces , - - I paced it back to the fence . I figured it was well
over 50 ft . from the fence back to the orchard which would give
them area enough .
G . Hoy : Are there any more questions? Floyd?
F . Fouts : It would be nice if they could purchase more land .
G . Hoy : It seems like in the long run you would be happier . Even if you
have the depth and don ' t have the frontage you would still have
to get a variance for anything you would want to do . Each time
you would have to come in for another variance whereas if you
could purchase land enough to make it a legal lot all you would
have to do is to get a permit .
R . Bell : Is the date on that one ?
D . Snell : This lot wouldn ' t be big enough to put a house on if they wanted
to build a house .
R . Bell : That ' s the part that scares me . Was it Hicks Dow or Ben Bucko
that told you to bring the application down on that date ?
G . Hoy : They told somebody else the night they had the hearing to get
theirs in .
D . Snell : The moratorium didn ' t take effect until the 20th .
They had the public hearing the loth and then it has to be
10 days before it can go into effect .
2 -
G.. Hoy : Are there any more questions on anything , - - anything you
would like to add at this time ?
T . Darling : I don ' t think so .
G . Hoy : I ' ll adjourn the hearing , then .
Do you want to discuss it now or vote on it , or what ?
R . Bell : Can I ask you one thing , Dana . If this was tabled at this
point here , only for the reason to see if they could pur -
chase more land , is there a time effect that this would still
be enforced ?
D . Snell : I still think it would be in force because the application
was in before .
G . Hoy : If we tabled it , rather than voted on it , as long as they had
the application in when they did , they could still get a
trailer in this year but if we vote on it and deny it , - -
R . Bell : Then that ' s it , even if they refiled wouldn ' t be able to
apply for one until a year from then . That would throw
them out entirely but I still would like to give them a
chance to purchase a small strip .
T . Darling : I don ' t think he would sell it anyways .
R . Bell : I think Don is congenial enough . He might go along with it
and I think I would be willing to wait first to see if you
could buy it before I made a decision . That ' s my feeling .
T . Darling : How many feet , would we need ?
R . Bell : 36 ft . more for frontage .
D . Snell : As I see it they wouldn ' t have to buy clear back if they
bought 25 ft . back , just to get their frontage , they still
have area enough .
R . Bell : How would that affect the sides , Dana? I think you would have
to go back further than 25 ft . more like 75 - 100 ft . - - - -
a strip 36 ft . wide . I think that ' s all it would take .
T . Darling : Won ' t the land going back be enough to cover it , there
should be enough there ?
G . Hoy : You have enough square footage but still the zoning ordinance
requires frontage footage , too .
R . Bell : To get you far enough back , I think you would almost have to
take it close to 100 ft . back .
D . Snell : 55 ft . from the center of the road , - -
R . Bell : Close to 100 ft . to cover yourselves , to get away from the
other allowances there .
Me 3 -
D . Snell : Also , one thing about this lot , - -you take about a 70 ft ,
trailer and you have to be 25 ft . from each side , that ' s
50 ft . and 70 is 120 . If you want to set it parallel to
the road .
R . Bell : Yes . Right now the only way the trailer , - - even if any-
thing was granted , - - only way it could go in is lengthwise .
D . Snell : You could get it in the other way if it wasn ' t a 70 ft .
trailer .
G . Hoy : How large a trailer were you considering?
T . Darling : 70 ' x 14 ' in that range .
D . Snell : A 70 ft . one would have to set it with the end towards
the road .
R . Bell : I would much prefer to see you go back and see whether you
you can purchase that . My feelings right now is to deny
you this variance , which is why I would prefer to see you
go back and see if you could purchase it , rather than have
us deny it and have this thrown out and there ' s no way you
could come back for a year .
T . Darling : What ' s going to happen in a year?
R . Bell : You can ' t put any in for a year .
M . Darling : What would be our chances after a year ?
R . Bell : That would be up to the Town Board . Dana might be able to
answer that better than us .
D . Snell : No what the Town will do , I don ' t know .
R . Bell : I know their thought now is to try to get all trailers into
trailer parks and that ' s about it .
D . Snell : I think you have a good idea and if you could buy a little
land , then if you ever wanted to build a house you have
room to do it .
G . Hoy : Yes , I think so , too .
Well , that sounds like a good idea . Would someone like to
put it in the form of a motion?
R . Bell : I think it ' s up to Mr . Darling , - -whether he wants us to go
ahead and vote , or wants us to hold off .
T . Darling : You mean try to buy the land ?
R . Bell : Yes .
T . Darling : We can try .
R . Bell : You can bring it to a vote right now but I ' m not guaranteeing
- - I would hate to see it go to a no vote and you wouldn ' t be
- 4 on
R . Bell : able to come back . That ' s the only thing because no way until
after a year could you apply for another one .
G . Hoy : Do you intend to use the same driveway as they are using
for their residence ?
T . Darling : Yes .
G . Hoy : Uh huh , - m how much frontage is there at the house? Do they
own land all the way down to the road ?
T . Darling : All the way down to the next trailer .
M . Darling : There ' s a trailer in there , - - Stockton ' s .
G . Hoy : That ' s a shame that that ' s so tight but - - do you want to put
it in the form of a motion and does anyone want to second it
and that will be it ?
D . Snell : They probably would rather have it tabled to see if they can
buy the land .
F . Fouts : Seems it would be the wisest thing to do . They would be much
happier with it .
R . Bull : It ' s up to you , - -whether you want us to table it or go
ahead and vote on it .
T . Darling : Why do they require 150 ft . frontage ?
D . Snell : That ' s what the Health Department requires .
T . Darling : Haven ' t they given any other people that didn ' t have quite
enough in there ?
D . Snell : Not since the Health Department required 150 ft . - - oh maybe
if it was 6 ft . or something like that they might .
R . Bell : When you start crowding about 40 ft . they give it an awful
lot of thought then .
Wnuld you prefer us to table it for say two weeks or something
like that ?
T . Darling : Yes , that will be best , I guess .
M . Darling : 0 . K . so if we can , - - about 100 ft . back from the road .
T . Darling : How much would we actually need ?
G . Hoy : 36 ft . frontage .
T . Darling : How far back ?
G . Hoy : They were talking about 100 - 150 ft . , it ' s kind of an unique
situation .
R . Bell : It goes back about 250 ft . according to what Dana says , if
it ' s 215 to the fence that ' s giving you close to 250 ft *
back there .
Me 5 -
T . Darling : The problem is , I don ' t know if Don wants to sell or not .
G . Hoy : You just have to talk him into it .
D . Snell : Tell him you ' re in a pinch .
R . Bell : If the hedgerow asn ' t there , - -
M . Darling : That ' s all lawn .
G . Hoy : Do we need a motion to table it , then ?
R . Bell : I move the application for the Darlings ' variance be tabled
to see if Mr . and Mrs . Darling can purchase more frontage .
F . Fouts : I second the motion . (Motion carried . )
M . Darling : So who do we let know and when?
G . Hoy : Let Dana know .
M . Darling : Do we need to come back for another hearing?
G . Hoy : No .
D . Snell : They can report back , - - you ' re having another meeting next
Monday night .
T . Darling : If we don ' t get the land , it ' s probably no , right ?
J . Bell : Use that as a selling point to get the land . Is it possible
to take any land off the back and put it on the side ?
M . Darling : No .
T . Darling : All the land is her Father ' s .
G . Hoy : Well , I guess that ' s it . When you find out let Dana know or
Lois and we ' ll act on it later .
T . Darling : 150 ft . back , 36 more in the front , right .
D . Snell : Let ' s see , - - -
R . Bell : I would say a minimum of 100 - 125 ft . would be smarter if you
could get it .
D . Snell : Well , 100 ft . would do them . You have to be 55 ft . back from
the center of the road and 14 wide trailer 25 ft . from property
line , about 94 ft , is a11 .
R . Bell : So the 100 ft . would do it .
D . Snell : But 125 ft . would be much nicer , I ' d say .
R . Bell : 125 ft . would be much nicer but if you can get the 100 ft .
it would be 0 . K .
T . Darling : We ' ll have to see what he says . 0 . K . We ' ll see you .
6 -
The hearing was adjourned at 8 * 45 P . M .
Respectfully submitted ,
Jo ephine Bell
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