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HomeMy WebLinkAbout1976-04-26 GROTON ZONING BOARD OF APPEALS PUBLIC HEARING Held at the Town Hall Groton , N . Y . Monday an April 26th - 8 : 00 P . M . PRESENT : G . Hoy - Chairman* D . Snell - Zoning Enforcement Officer* F . Fouts * R . Bell* Josephine Bell - Recording Clerk* Janet Bell* F . Pierson* Albert Doloisio* Mrs . Warner* * - Denotes those present . Mr . Hoy opened the first hearing at 8 PM and read aloud the Notice of Public Hearing on the application of Albert Doloisio which was published in the Journal and Courier on April 14th , 1976 , a copy of which is on file in the Groton Town Clerk ' s Office , G . Hoy : Section 70 . 3 , - - this is in the agricultural district and the ordinance requires that one family residence and rooming house have at least 3 , 000 ft . lot area and 150 ft . road frontage . Would you like to explain your situation to us , Mr . Doloisio ? A . Doloisio : It ' s just what I said in their ( application) , - - I would like to get a variance . G . Hoy : We would like it spelled out briefly to us and maybe that would answer some questions . A . Doloisio ; I bought this lot with the idea I could build on it and never built in Tompkins County and on my map I have sufficient square footage and the State came along and took more than I expected and when I applied for a building permit Dana said I was in violation in square footage - - one lot is 7 ft . short and the other one is 12 ft . short . The State took it and that ' s a long pro ceeding so that ' s why I ' ve asked for the variance . . D . Snell : These were pre- existing lots before . A . Doloisio : Yes . I had 248 ft . depth and they took 45 ft . in one corner and , of course , on my map it shows - from the center of the road so it - - - - - - - - - - - - - - - - - - that one corner , G . Hoy : When did you buy these lots ? A . Doloisio : 3 -4 years back . NO 1 - Janet Bell : Your frontage is alright . A . Doloisio : Yes , - - I have 150 ft . , - -no problem . G . Hoy : Any more questions? R . Bell : Have you approached the other owner , behind you , at any time , with respect to buying it ? A . Doloisio : No . I have no idea who it is , - - the one on the right is Mr . Rude , - - there , R . Bell : Where is this in relation to similar ones I might know about ? G . Hoy : Do you know where Brown lives , - - the farm? R . Bell : The one next to Bancroft ? G . Hoy : Yes , - - almost across from their house . R . Bell : That ' s before you get to the cemetery , - -O .K . A . Doloisio : That ' s why they took it off mine , - - they didn ' t want to take it off the cemetery . R . Bell : Are these to be built for you , or for speculation ? A . Doloisio : I ' m going to build this for speculation . Janet Bell : Are there houses built on the other two lots here ? A . Doloisio : I don ' t own those . Janet Bell : They are building lots ? A . Doloisio : Right , - -no , there ' s nothing on either lot . G . Hoy : There isn ' t a house ? A . Doloisio : To this one , yes . Rude , I think the name is . F . Pierson : There ' s a house east of Lymie Harris ' house . G . Hoy : Yes , - - there ' s one there but this is the lot we are talking about . A . Doloisio : There ' s swamp land behind that land with a lot of trees . G . Hoy : Isn ' t there any open land before you get to the swamp or the trees ? A . Doloisio : No , my land adjoins it . R . Bell : Right where your lot ends then ? A . Doloisio : Yes , - - there ' s swamp and water and bushes and such there . Me 2 - F . Pierson : You have four lots there? A . Doloisio : No , - - I just have two . R . Bell : The ones listed 3 and 4 there . 0 . K . , Gordon , - -now . which one has the house compared to this right here , - - is it this lot here or this one back there ? A . Doloisio : No . 1 and 2 . Some discussion was held on where the houses were by G . Hoy , R . Bell and Janet Bell . G . Hoy : When you purchased the lot they didn ' t say how much right of way they were going to take ? A . Doloisio : No , they just took the frontage and that was it . I didn ' t know until Mr . Snell here discovered it . Janet Bell : And you bought them for building lots when you bought them ? A . Doloisio : I bought them for that purpose , - - yes . I ' m a small builder , - - that ' s why I can ' t see what the problem is here . I ' m trying to bring tax base into this area . The State took the property and I ' m not going to fight the State . I didn ' t come down to discuss my problems but just want to bring additional revenue to the community . Mrs . Warner : He would have built before but he had to take care of his brother for 3 years , - - they would have been all built by now . F . Pierson : So , actually the back line on those 4 lots is one straight line to here , - - it definitely shows it was the State that took the frontage and left it in a somewhat diagonal cut across the front . A . Doloisio : It shows it here . D . Snell : I took this map out here so you people could look at i , - - If I can find where it is on it . R . Bell : Could you answer me one question on this next lot , - -maybe you could enlighten me on the way the road runs , - -does that cut on the next lot say 16 ft . less on the next build- ing lot ? A . Doloisio : It ' s 30 here and 30 here and it goes to 45 ft . here . The reason why they took it is the cemetery is there so they moved the corner over as they didn ' t want to go into the cemetery . D . Snell : This will give you a little idea of what they did with that road up there , - - see how they cut in there , - - it ' s just the right of way . R . Bell : I can ' t understand why they would make the jog , - - it ' s - 3 - R . Bell : ridiculous . G . Hoy : I think in some places they have to do it for drainage . They go in deeper than in other places . D . Snell : I think where there ' s a bank they have to grade back and have to take more land because all that bank is graded back . That ' s one reason why . G . Hoy : It does look like it would come under a hardship case in a situation like this . Janet Bell : Well , if he bought it for building lot before the ordinance was on , isn ' t that the same type of thing we had before - - as long as it conforms with the standards of the Board of Health . A . Doloisio : I have a Health Department permit already , - - I have that . Janet Bell : There ' s not too much he can do with these lots if he can ' t build , - - it ' s the depth he needs , not the frontage . G . Hoy : That ' s right . R . Bell : What happens a year from now if the next person comes in and asks for the same thing ? If this person on the next lot in there , - - - Janet Bell : The person that hasn ' t built yet , you mean ? I think it would be the same situation if he bought the lot before the zoning ordinance went in and bought it in good faith for a building lot , - - there ' s not too much else you can do , - - otherwise it ' s just going to sit there . F . Pierson : That ' s the way I feel about it . Like the man says he wants to bring some tax base in . It ' s not his fault that the State took the land . Janet Bell : I think there ' s a very good reason for granting it and I think if another person came in with the same problem I think you would almost have to grant it also . F . Pierson : How many more lots are there ? A . Doloisio : There ' s one lot , - - 150 ft . F . Pierson : So there would be one more that would possibly have to , - - D . Snell : There probably would be another lot in here , - - I don ' t know . He owns all this in back . Janet Bell : Then if he owns all that land , then he could make it , - - so really there ' s not a problem there . G . Hoy : The other one we had was in a different zone and that said it could be reduced , - - the frontage could be . - 4 - Janet Bell : You still have the same problem it was bought before zoning went into effect and that basically really , - - G . Hoy : Yes , I agree with you there . Any more discussion on it ? R . Bell : If you ' re going to build on these , you ' re going to build on both of these within a year ' s time , then ? A . Doloisio : Yes , I intend to . I have someone already spoken for this one , - -a potential buyer . R . Bell : This will only be allowed for one year but if not built in a year ' s time you ' re going to have to come back . G . Hoy ; No , I think the variance is valid , - - it ' s the permit - - D . Snell : The permit is good for one year . G . Hoy : But a variance is permanent as Ben explained it to me . He would have to have a variance to sell with the lot if he should sell it instead , - - that ' s why I understand you were asking for the variance on the other one . A . Doloisio : Right . Some discussion was held on this by D . Snell , G . Hoy and others . G . Hoy : We ' re open for a motion , - - R . Bell : I make a motion that the variance be granted on the fourth lot . F . Fouts : I second the motion . Roll call was as follows : F . Pierson - Yes an F . Fouts - Yes , R . Bell an Yes , J . Bell an Yes , an G . Hoy - Yes . The motion was passed unanimously . Mr . Hoy closed the hearing at 8 * 25 P . M . GROTON ZONING BOARD OF APPEALS PUBLIC HEARING Held at the Town Hall , Groton , N . Y . Monday - April 26th an 8 : 30 P .M . Mr . Hoy opened the hearing at 8930 PM and read aloud the Notice of Public Hearing on the application of Albert Doloisio which was published in the Journal and Courier on April 14 , 1976 , a c6py of which is on file in the Groton Town Clerk ' s office . - 5 - G . Hoy : Any discussion on this one , - - this is for Mr . Doloisio ' s third lot . R . Bell : I make a motion that the variance be granted for his third lot . F . Pierson : I second the motion . Roll call vote was as follows : F . Pierson - Yes , F . Fouts - Yes , R . Bell - Yes , Janet Bell - Yes , G . Hoy - Yes . Passed unanimously . Mr . Hoy closed the hearing at 8 : 35 P .M . Respectfully submitted , Josephine Bell - 6 -