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HomeMy WebLinkAbout1978-09-29 T OsM OF GROTON 7MING BMW OF APPEALS OePtember 2.99 1978 Board Mombors : Cordon FoZr9 '•"hairman Floyd Fouts` Frank Pierson Janet poll = Ceor �;e '_3ashnell *7embers present Gordon Foy , Chairman , opened th ;) hearing by Peadi_nf7, the Legal �1'n +ice atta.cl� ei hare- .dtho Mro Peck , T.:ro, - ld you like to explain your appeal"? ?eck : T t:Tnnt xCy put the aara?e on the addition end of the trailera The trailer bask side , the side facing the left side of garage ; as it measured out to be 38 feet iron the center of the road The other end of the trailer is the well and behind t�se trIgzAler is thF leech field . Tl ; is ,the only place I have to Pta C i t , H^ uoT., far is the edge o `% trc garage to the tide of your pr� erty ? Peclt On the :nap my gar,.-oe is here , My pvoperty runs down here to other 3i d.e of the ditch . Probably 35 feet , right down to ;a ditch about six foot deep ° Ffoy : nY 011estigns at thip time ? T have here a petition that Mr . Peck brought in signed by. 4, fcw• of ' the neinhbors 14ho have no ob,jecti.ons . to the garage , 'yell. : T think the whole thing is really in violation of the zoning IrV' s > Very Mleh so as to the distance . If you take exception for one person . evervbod-TT must have an excent "ono Your coming e2e back 13 feet .from . the Pight of ?Jav , that ' s a short di stance in Ordolat ors to the Boning laurs Ostrander : TeU me exactly , WIllat the 1 a7g states as to foota.ae e I . ir v feet bac'� from the roan right of Way . The Right of ittay i- s 25 feet from the center of the road , ;:Twenty-five foot from center of road ;plus 30 , Smith : R.;te haH letter , T ' m sure_� , that. sa.i. d 50 feet , Peck : 1 alray s thought it was 50 . feet , Bell : They ' re t.alk-in �v from the road. Bi. mht of Way . TVs 55 :feet from the center of the road . 25 feet plus 300 Metzgar : I got a. xrermi_ t, for 50 feet, from center of the road , Bell : Tt should be 30,, feet from the road Riaht Of '427 . . Bole : T think some roads fluctuate . Usual. ly the center of the road i.s not. hard to find , snme roads v,l'o'l• , Bell_ ; T guess it depends on whether its a County or Totm road. : etz:gar : Ts it 50 feet on cload end . street ? . You are lnentod on a. corner lot , You have a reduced distance already , still you are not tr?:kiri4 , wi thi.n the reouired ri. sta;�. ce , PPoke T _reali < w this , 1 have no other place to tor + it , - Bel realize this , Hoy : NA Voli explore -the passibility of nutting it on the end of the trailer ? Peck : Yes , it can ' t be done because of the well and the leech field , ' Hoy : Bow about the other side ? Peck ; Tt ' s too much of a bank , , 30 . f MetzZar : The ditch is for the iaater from the road , Peck : Tt ' s 5-to o feet deep . Piprsor sali..:i the town does not maintain the lower loon . ( '.this a,soect was discussed before the hearing ) , wdhose land is ?etzgar : T think it ' s Peck and Har. r.�r Williansq peck : You say 55 feet to center of road , near as T figure it �T ?rnr owns or one side and I ' m on the other ,. As a Right hf y for him but it is not maintained . Mete_var : There are no other lots down there , only Farry , and be own s th em all o P7_ prson : He 7 ives on one of the lots ? • Peck : On the first one as close to the main road as he can erat , Tr., the winter time he has to aark his vehicle ', as near tc the ro �rid a.s possible or else he couldn ' t get out , even thqugh he has a Terage , ?ell : You Ire saying that ,you have a access over T ATliams land ? Peck : Any of us can go over it , I 'don ' t know what you. cal- 1 ito . Tt is set off then goes into a vrampe If the town says that thev maintain , they don ' t . Metzrrar ?_lien they went in there to plow it they dot down there n.nd got stuck . ' Thi_ s is only hearsy , I don ' t know myself whether their gave it un . Rat if they get in they can ' t get oil t , Peck : Ti; �,jas never a. cneptPd bsr the town , they say , Hoy". Is the snow build up much .of a nroblem ? a � sf.r :rider : dozier nad to Ilea. . ; t uu L last year tc maintain it , They gushed the snoT;r out of the road into a vacant lot so the-ir r4rn00.d nl ow the v,rOIAT the rest of the winter , Hoy : You putting your varare closer to the road tr �n your trailer t11. 11 tn1S l; C':; .t o[ lj jiL 'vvlemv Nf -t that I could see , . no more than my trailer or addition . Hair : Your neT,T Bare is probably l ' to Gv Lcct cicc�r �r ess than that ? Pecks Leicss than that , about 8 to 10 feet . Prsan : ':ha+ ;roat h1q17e is 38 feet from the center- uf . c1, c; rocud Lo the Qrlrae•e , . so " if jro„ came home and parked your vehicle ii1 + of the r* arnere volt) Taoul. d rot he off the rm3d . • ?ec?c : . I have a drive .. ay usi Lhe other end that I used [within the Right of Way , if .you Want La get technical , when I park rMr truck there the plow could Lake ozi the front bummper hilt novor has in the 12 years I ' ve parKeu. tile: Cstra.ndet• : I believe it reads in ,my 4deed that the zoning law can be changed with a majority vote of the people within the community , Bell : You can ' t change the Town zoning la. U ust your community vdtina too Ostrander : Could N.r , reek put. out a petition within the to=an ? .Bell : I would not believe get a . s[[ fficient number of petitions in the town for a change .for jt[ st vo[ir garage , but T ' m not really sure of that , Gstra.nder : TIm over sImp' y ' _114 , , x reali ,. e that . • ' Bell * Your talking about the to -Lai Town of Groton.. . A change in ° Tr • - •.+ r'' ^t»rn'' T1' l '. r t.l • 11 I.i'1 ^ " [Y/� 1� :'rr l !'` l 1T� �^ tl': r ' T ;'. . P. t ^ n . . , Alt'^1lyt the zoning TnT,g n,rc {'rr , tl^, P �oacl n ,^r 11,1 1r, � , ptrnnr? Pry Tr tPi 9 hpvp - +.r, spene a fortune on fill to b>> -i-ld t1he: vrarape or t? e ot'leti . =. d^ e Iikc he strite(ln 7 will i nterfpr with the ma-intai nence of the road . l?el T. : ^e�i cal l .;r i. 'cs G?.mol_ v tri T `'°��Frtjr o ,rPrs ea." not do Tjht trey •cant. , '1'k e1_ ^? ; tYera set up for the food of everybody . T f ',.T*,N rrril'r _' -%mll 13 -1'eet soR} pore. Iv ,sp, Mi Cr t �:"qv HM11t T `.-, `nt, te) 110ld C . fPO ID peck : T can. see 13 feet $ 5 feet is riduculouso Bell : T ' m tal i incr about P. si to ^ ¢icon wlnenre everythi_Y1t i s 55 feet from the center cif' the ro ck I would not try to rntt garage . rerare:' to fi^ e rhEz(l , t1t1.t it ' '� e coun. tt�r rrinpS aren ' t uniform . "n my part T wouldn ' t runt a car less than 25 feet off the vo :ld come snots 6 to 7 fprA hi or , + ?, Erar : T dOn. ' t see anv rarm in letting him nut one up , Ostrander : T believe for tiv) e area it ' s too much footn(re , not fsasibl e fi� rf b11 -il ding o Rti1 , 7_ • t,,�hen the �,onin laws were nut forward did the neo -ole have a chance to argue the frontage fact? Hov : Ye s 4 MBtz� ar : Yoll a•ot new bu-il_di- mrs no, t 55 f' pet, frgm time cenied ' of road. hHi * l t• t7uo .lr Ehrrr wars giro 0 Hoyc Di. stat, ces can fogl you until vou measure , e peak Rib RroT%gin meastl. re& and said " I got to disprove it but I don ' t think vou ' ll have a problen on acount of your situation , yr,ir - ' l3_ have, to i3ut in 'or a varlprce " a So I said al.ay , `the Town zoning ! ,�,.ws are hard , should they nertai n to ezrery� ore in the same way i,Tith two or twee different situations , Smith ** When he set up his trailer these was no zoning laws . Peck : Right , when the lots were sPt up there vas no zoning laws . Hoy : Any more questions or cgmnients ? Buts : Tt seems that Mr . Simons had everything down just right , Are they legal lots he Uo1O? up there ? Peck , k 'A at do you mean legal lots ? Noy : These were legal lots before the neru regulations on zoning , • peck : They have been chanced , Vet � ?�� r : Y1'her we hnllght there was no zoning , Perk ° That is listed as aarlcultiire land up there , a guy should be able to have a cow or pig but the way he set it up in the deed In his. zoning you can ' t , only a doh; or cat , Bell : ' That ' s two different thi.nos , Hoy : Anv , more nuest -ions for Ys , Peck ? If there are none , you may be Pxmi seed o Yo» are not reouired to too b > t J:•e T�?rn11d 1 -tk0 t . , dt ^cuss this a ,siorFr notaa You can stav and li. .sten r. r T ca.n call you in the morning t itl nvr decision . From rot on . i_ t will be iust a- moner cjiarsOveso Pierson : How ,far from the trailer to tt e north of ' i1 ) �_ �,m ' s lot ? k ° S 5 feet to the ne?tr garage • Rierson : That ' s all downr*rade ? I p7 . Yes 0 0 PoIlts : On +he main , T see where it woul (i be di ffi. eult , ? ainc a dead end has a. bear irry on it o r3el7 T-r voli Grant. F, variance beoausP j. t i. s a dead end , is it going to mike a difference to the rrentleman next door , who is not r; n e deed. end. , but, Tyrants n vari �n nce Frranted to him '. Tioya Under tre circumstances trerc I s any other nlace to nut. iYa He it furd riart in , Vren if 4t T.,,� � nlnser . to the it rl have a bearinp on 5 to pel.l < . 3TanT'rise he c =,,np � � pnd arz]- O for 40 feet bac'� brat. -OLt. still_ *f:ouli bp nittsi cue thQ zoning ? 2T' hit says there i , s no o 91 .rco sl. fie to n;ut it ? • Nptr ; Makes C14 -rferpnce who wa � or tll c l%nn.rd e �Iierson s T think 17e do not defini tely 'Mora lohpthar rre road. - ha.G been aband;•ned or wh at it i s o }T o IT t ' c 1 ?' r d r.,No n t a 11i_ erson6 "•fie ju st don I t know o Hell . Tt ha •; been set out as a road in 19670 , I ' m not dire what rGriod of time ic, needed for a rind to bccn'me abardonpd .. Pier57ne 't'he�r m ?lnt ' n. it P.-round the u )npr circle I- go nct thr ?otrer ngo RPlI_ s F`.ftrlr t Ttbp,t roeri od o ti.mp Hnii s a read become q.bard.on and who does tt bPInnv.? to Tf it. bolc.ry to, Willipins tt, py c ^.Y'i ' t br�ild on ;^Iilhams land , blocking r .m I. ne Iinys T Tfia£ gurpril ! ?M to Gee th. e other cirelF or the drive on the a • mrtn , ? f pr T h _ d been up in +r, erp . 14e. might have to talk to r �C .io ,+ w • Cupiri- ntendart Cornelius on tiih3t their �7 ^ r. s a. �^F , ?whether they ;pl and. to abandon it or Yrhat in the. fvtureo Perks i^Ihether they pl '0w roan or not T coul (' not rnut Frarage down there because of my l eecb field in the whole back area , plus a h foot dit & that is al l rank Piersont '%Thz� t shout tbQ oorner to the north of Your. garage - along the front angle ? pecscs There is Ca d.ocn di- tch , Pierson ,* What IT you turned the garage around. this riay ? Pec' • s There is no way T ran. wet in there it starts qoi no into the dA_ trh along this rood , Pierson , ..'hat is tb -i. s road ; s 7 t a road or not ? s . Pecks lbat road Pops doT. r. all the way , totes �rnr get to the bottom it ' s built up f the edge of the circle then it is all. .aam oy , Hotrs Tf you t> % inl- yoiz need. more. ti -ine to think: tri . c o�rer ? re can tahl e i t r4nd meet at a. later date . Rel.ls i'►ie only reason 1. s f2.r as I ' m concerned to table it is this land is i t a county road or what is it . Other than. t'rak+ T rav;e to vote ea. r%' irst it onl, zF because of the Tong range effectG e * Pr, tine prrant a variance like this others will Rollowo T szrmpat'nize wttr �rou , Z know jroU have no other place for the T feel_ toe have to go by the zoning l. a�•rso Met %g ?rs T can ' t see it joroul . d do any harm on a dead end , • Hoy # ''hat. roses a problem for us or future boards of ap peals , this f J could sno.,iball , There are other dead end streets in Groton not only yours , - -. � be did At, T^hy can ' t T � Then they would have more leverage . T can svmDathize with you - there is -no one opnosed to it . Peck : Tf *)eop1 e Tcere opposer. to it I would po along with them but nobody is opnosed , That wa. s a dirt road til al-Tout tT �o Nears : pro , T talked to ronrnel_ ius and he stoned and. oil P.d it , Bel T , Poth Harts 74; ere stoned anr. oiled 0 Pec1r : 70 , dust the tipper Dart . Th =zt lower road does not exist , Fie does a'^) solutely nathi_ ng because it is useless down there , I certainly would not like to se, e him put a ploi:T doTlin there and bury s ' . U p Hoy : The ,people in the area are not opn, ) sed to i_ t . The people drP-a up the ©,oning rul es and reguIations , They are the ones who have to live with it and say they don ' t mind its there , Rollo "oat, are ,you eoin_ q• tc do w? en di: fferent sections come up wi . th di ffprent stvl)es , We ' d have a bunch of variances nertainin¢ to different areas in the toy-gin , Noy : Is anyone ready to make a motion to Vote or table it . If you feel you can ' t at this time we can adjourn to look more into the situation . Fell : Tt comes doTftn to ' the number of variances to the zoning laws , Variances are usually granted for hardships . After 12 years this hac 131 of a_ sudden become 1 hardship ? • Pierson : .I' think that this is the best part, of the zoning laws on r ml. 0_ .> r the Tot size and the feet back from the road , �tatT : T T-!eOuldn ' t want a garage that close but there hre other thir. ps to loop at , Bell : T make the mot7_nn to deny the variance based on the fact t is too close to the road Fight of Wayo Pierson : T second the motion . Hoy : TDie motion has been made and seconded to deny the variance , Roll call vote , routs no Rell - yes Pierson e yes Hov o no Hoye . 'To opposed and two in favor , a split decision , motion denied , Meeting adjourned , A