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HomeMy WebLinkAbout1978-12-18 TOWN OF GROTON ZONING BOARD OF APPEALS PUBLIC HEARING Held in the Town Hall , Groton , New York Monday - December 18 , 1978 8 : 00 P . M . PRESENT : G . Hoy - Chairman R . Brown an Zoning Enforcement Officer F . Fouts T . Robinson an Town Supervisor F . Pierson C . Pierson - Town Clerk G . Bushnell V . Rankin an Town Councilman J . Bell D . Payne an Town Planning Board Attorney W . McDermott Attorney E . Percer Neil Morris Mr . Burlew Josephine Bell an Recording Approximately 20 members of the general public Clerk Mr . Hoy called the hearing to order at 8 PM and read aloud the Notice of Public Hearing for Neil Morris for a special permit for motorized vehicle repair shop which was published in the Journal and Courier on December 4 , 1978 , a copy of which is on file in the Town Clerk ' s Office , G . Hoy : Neil , would you like to start off explaining your situation ? N . Morris : My situation is I run a motorcycle and snowmobile repair shop and do have New York State License for a motorized vehicle repair shop and that is what I ' m applying for . G . Hoy : Do we start with questions now ? If anyone out there wants to say something , please raise your hand , state your name and proceed . Can we start with some questions now? May I ask you , Neil , where you were previously you had a franchise - to sell new machines ? N . Morris : Yes , G . Hoy : What are you going to do about that now? N . Morris : If I have to will sell them at another location because it ' s only for , - - it ' s only a wintertime occupation . G . Hoy : Are you familiar with the motorized vehicle repair shop zoning ordinance ? N . Morris : Yes , they aren ' t supposed to be sales just repairs . J . Bell : And you complied with all of the regulations ? N . Morris : As far as I can tell , yes . G . Hoy : On your drawing here - - on the side of your new garage that you - 1 - a ' G . Hoy : built , you have 32 ' to the line . Now does that come to Francis Kelsey ' s line or some other line ? N . Morris : No , Francis Kelsey ' s is down farther . That line there land around the drawing and land I ' m buying from Mr . Berlew on a land contract . G . Hoy : Does anyone else have anything to say at this time ? E . Percer : I ' m Edward Percer and I ' m here on behalf of Mr . Berlew who owns the adjacent land around the proposed structure . I would like to point out On On rAy understanding when you talk about 32 ' it ' s the dimension of the building and not the distance of the land and setback . In addition to that I think it should be brought to your attention that I do not know the difference between the property line and Mr . Morris ' line , - -he owns 1 . 15 acres and I think it ' s important to know as I think there are restrictions in s ' deyard . I do not believe you should take what he is buying under consideration , - - only what he has legal title to . Anything he has a contract to buy I don ' t believe , that '_ s something,� that *= is , subject to , - - this proceeding at the present time , - -all of you are aware of this would like to point out one his request here is for a special permit and this is certainly a technicality employed in order to control certain uses of property in an area that that use could be detrimental and , therefore , Mr . Berlew ' s request is that certain guidelines or restrictions be placed on any permit if you should decide to grant one . In regard to that , the recent amendment which provides for motorized vehicle repair shops in my interpretation of it , it could be some - what ambiguous . I ' m sure the intent was so someone could repair vehicles provided in an enclosed area and that any parts that would be used for the vehicle and not sold such as auto sales , parts , - - just for the purpose of individual working on it and that no other type of vehicle be left in the area which would create a junkyard look out there . I think in order to effectively cope with the intent of the statute it ' s incumbent that certain guidelines be established . I have with me the Cortland Standard of November 14 where it indicates a sales and service cycle shop . Certainly Mr . Morris should know he can ' t have any type of sales of any type should he run this . He cannot have any type of retail establishment at all and is limited to repairs of vehicles inside the building he has built . Now in regard to that have requests that are very important , as far as Mr . Berlew is concerned . The fact he has the adjoining property which would lose its value if this area turns into sale of snowmobiles and so forth and that is that there be no sales allowed or no out - side display that would indicate any type of Hondas . J . Bell : They are restricted as far as signs . E . Percer : I realize that . J . Bell : It does restrict that . Mrs . Bell read aloud Article 12 , E . Percer : Alright , but that refers to what you do . I ' m assuming he should do just repairs not sales . Also there ' s a question of outside demonstration or testing of equipment . I believe the intention is We 2 - y^ E . Percer : none of this take place outside of the building . That there be no other sale of parts of any kind . That the place of business also I would think , since it is a repair shop , be prohibited from operating on a Sunday . Certainly shouldn ' t be allowed to have a business to promote any type of sales if operated on Sunday so briefly I ' m trying to outline objections . If it ' s granted I ' m referring to subdivisions lthrough 10 of the standards set forth in your zoning regulations that if you should decide to issue it certain restrictions should be imposed so that people who have ad- joining land know what restrictions are and what they can expect in the future . W . McDermott : I ' m here on behalf of Mr . Morris . I would like to respond to some of Mr . Percer ' s remarks . First and foremost the question of the sideyard setback and the side lot line . I don ' t believe Mr . Percer would suggest , nor do I believe this Board will accept , the fact that an individual couldn ' t rent or obtain equitable interest in land such as under a land contract and not have permissible use because he is a renter or in fact purchasing the land under a con- tract . The fact that he is purchasing the additional land under a land con- tract would have no effect and I think the setback sideyard setback is within the ordinance anyways . Mr . Morris has indicated to you , as far as his sales go , he will be glad to make arrangements in a permitted zone so I don ' t think that question is before the Board at this time . He is not asking you for a variance for that purpose and certainly if at any time is found in violation of the ordinance there are adequate remedies for dealing with it . He is here merely to ask you for a special permit within the terms of the ordinance . I suggest to you that the special conditions Mr . Percer has given you have no place under the terms of the ordinance itself or the conditions Mr . Morris is asked to meet to obtain the permit here . As for prohibiting Sunday operations , - -the laws of this State have not been enforced for sometime , - - except half -hearted attempts in the last 4 years and I think regarding demonstration or testing of equipment outside , - -once more if you are going to permit a small engine repair shop in an agricultural area it would be absurd to tell this man he cannot then test the equipment because that is part of running that business if it is to install new parts , he has to know whether they will work . And , quite frankly , the question of the change in value of the adjacent parcels has no place in this hearing because you have provided for this type of operation . I think he does meet the requirements and he is willing to comply to obtain the permit and cooperate with this Board and I respect - fully submit he should be issued the permit . G . Hoy : Thank you . Does anyone else have anything to ask at this time ? Are there any questions from the Board ? F . Pierson: I think they covered them . G . Bushnell : How big is this parcel of land we ' re talking about ? W . McDermott : That Mr . Berlew owns ? I don ' t know , - -how big is the parcel ? E . Percer : Are you referring to the parcel he is selling or what remains after it ' s sold ? - 3 - r •^ G . Busnell : After it ' s sold ? Mr . Berlew: About 32 acres . G . Hoy : How much frontage is there on that ? Mr . Berlew : 200 ft . When the other attorney was talking about the adjacent property when I sold this to Neil back in July it was made very clear what my feelings were about commercial use of the land and in the land contract there ' s a paragraph that states this . This doesn ' t have anything to do with his building thing , - -his attorney said no reason why adjacent land can ' t go along with it . But this does say it ' s to be used for agricultural purposes as zoned and any deed shall retain this restriction . G . Hoy : Read that again . Mr . Berlew read aloud from the land contract that part that stated it was understood and agreed that said premises are to be used for agricultural purposes as presently zoned and any deed or conveyance shall retain such restriction . Mr . Berlew: His attorney said this should work in with his other property but I made it perfectly clear that it didn ' t , - - this was in July 1978 . W . McDermott : First of all , there ' s no indication there ' s any attempt of using this additional land for any purpose but agricultural use . But the point was side lot requirements , - -no reason even though pro - hibited in the deed that you gave Mr . Morris with reference to that land , you may have rights you can enforce in an action but in terms of this ordinance , - - in terms of the side lot requirements in the land that he owns , I think that that prohibited in the land contract has no effect on the situation . Furthermore there was a building permit issued for this building , which I assume at that time consideration was made for the side lot requirements of the building before that permit was issued . We ' re talking about a use now and I think we should limit it at this hearing to the difference of use , - - that ' s what we ' re here about . G . Hoy : Any other questions . J . Bell : Are there any other neighbors to Mr . Morris that would have any - thing to say ? N . Morris : Nothing for or against it . J . Bell : Just anyone ? D . Payne : I ' m Don Payne , - -I ' m not really a neighbor as far as adjacent property goes . The small shop that Neil apparently wants to start I don ' t feel it would probably bother me in any way . When I first heard about this I was given some information that he was going to put in a test track and trial track which apparently was mis - information because I don ' t hear anything about that tonight . Was there any intention of that , Neil ? N . Morris : No , it never crossed my mind . D . Payne : Then I don ' t see how it could devalue my property or hurt me that bad . - 4 - r . G . Hoy : Are there any other neighbors that would like to say anything ? I received a phone call from Russell DeMond last night , who lives down the road aways and he said he had no objections to it and had a similar response from Mr . Udba and he lives on the other side of Mr . DeMond and he had the same response . Any other questions or comments ? F . Pierson: Is your motorized vehicle license for cyles or automotive repair ? N . Morris : It covers both . F . Pierson: How about New York State Inspection? N . Morris : No , I don ' t do that . G . Hoy : Do you have snowmobiles and things stored outside now? N . Morris : There are a few outside right now , yes , which can be put under cover . G . Hoy : You do have room for them inside ? N . Morris : Yes , G . Bushnell : I noticed yesterday there were quite a few out there . N . Morris : One thing , - -myself , - -I don ' t want it to look like a junkyard . I don ' t like the looks of a junkyard myself . G . Hoy : If there are no more questions or comments I ' ll adjourn the hearing . W . McDermott : Will you be contacting Mr . Morris with your decision . G . Hoy : Yes , - -we ' ll hold another hearing tonight so won ' t be deciding this tonight , - - it will be after the first of the year , early in January . W . McDermott : I would ask the Board to act as promptly as possible as this is Mr . Morris ' livelihood and certainly any determination you make will be complied with but also it ' s a matter of some importance to him . G . Hoy : We understand this and we ' ll meet as soon as possible . W . McDermott : Thank you . The hearing was adjourned at 8 ; 28 P . M . Respectfully submitted , � Jo hine�Bell P - 5 - TOWN OF GROTON ZONING BOARD OF APPEALS PUBLIC HEARING Held in the Town Hall , Groton , New York Monday - December 18 , 1978 8 : 30 P . M . PRESENT : G . Hoy an Chairman T . Robinson an Town Supervisor F . Fouts C . Pierson as Town Clerk F . Pierson V . Rankin an Town Councilman G . Bushnell R . Gleason as Chairman - Planning Board J . Bell Be Brown an Zoning Enforcement Officer.. E . Hewitt Josephine Bell - Clerk Approximately 7 members of general public . Mr . Hoy called the hearing to order at 8 : 30 PM and read aloud the Notice of Public Hearing for Eric Hewitt for a special permit for motorized vehicle repair shop which was published in the Journal and Courier on December 4 , 1978 , a copy of which is on file in the Town Clerk ' s office . G . Hoy : Would you go over your situation for us , please ? E . Hewitt : Not much to say really , - -what would you like me to tell you ? G . Hoy : How long you have been in business and what type . E . Hewitt : Probably about 6 years and just mainly volkswagons �and 40 do some body work . G . Hoy : U11-fht6- in this 6 year period you carried on pretty much the same type of business ? How large a garage do you have ? How many bays ? E . Hewitt : 3 working bays . G . Hoy : How much parking area do you have . E . Hewitt : Pretty much unlimited . R . Brown : Your garage is really the same building your house is , isn ' t it ? Mrs . Hewitt : It ' s attached . ' G . Hoy : Does anybody else have anything to add at this time ? H . Lane : I ' m Helen Lane and I border Mrs-- Hewi':fit and I have been there 21 years and I have watched the place and can see what he owns from my window and so far he hasn ' t done anything that offends my eye . He has done a little to improve the property and has an unusual type home which adds to the neighborhood and I think he should be free to do his business and expand it if he cares to . We certainly need what business we can get in our town . As far as the agricultural zone goes , my impression was that agricultural zone was a catch -all term for any area that didn ' t have any other designation . H . Lane : I own a 200 acre farm and my buildings and my home are zoned , I believe , medium intensity , and my land is agricultural which I think is rather peculiar but I really don ' t feel that Mr . Hewitt would be in violation of land use by being allowed to continue his business and I would like to see it continue . B . Eastman: I ' m Brian Eastman and I ' m renting land and see nothing wrong with what he is doing . Compared to what it used to be like and what it is today it ' s like heaven blossoming . Like I say I rent land , I ' m a farmer and when I have to expand I have to and when he has to expand he ought to be able to also and if he wants to leave a few cars outside he ought to be able to do that . J . Lane : I ' m John Lane and I ' m around there as much as anybody and you don ' t see junk sitting around . If he does have cars they are neatly lined up and I have known the place for 40 years and I have never seen it look better and I have lived beside garages before and have heard nothing but motor cycles and cars they have to try out and all that sort of thing and my father lived near one in Locke where they worked on them all night and I have never heard any noise or disturbance from there and know how he works and like everyone else said he has done a lot for the community and I think we need businesses and over in Cortland look around at some of their businesses . I think we need his business , - - if he doesn ' t do it here he ' ll go somewhere else Cortland or Ithaca and I think we need business in our community and I think he has done a good job . G . Hoy : Thank you , - - anyone else like to say anything ? J . Bell : Yes , are you .aware of , - -when you have a permit issued to you , - -are you aware of everything you have to comply with ? E . Hewitt : Not really . I have seen one - that had reference to other sections of the law which I know nothing about . J . Belle Maybe you should read - - G . Hoy : You were mailed a copy of this amendment of the zoning ordinance ? E . Hewitt : Yes , G . Hoy : That ' s all we have here . E . Hewitt : There was one about a sign , I ' m not familiar with that . J . Bell : That ' s just , - -you ' re permitted to have a small sign stating your business and it has to be set so far back from the road . And you did comply with all of these ? E . Hewitt : Yes . J . Bell : You just repair , - -you don ' t sell ? E . Hewitt : No . J . Bell : 0 . K . , - -no junk cars will be stored to obtain parts ? E . Hewitt : I have a junkyard license . - 2 - F � J . Bell : 0 . K . Mrs . Hewitt : It ' s not right up next to the house or garage where it shows . G . Hoy : Are there any more questions from the Board or comments from the audience ? If not , will adjourn this hearing . The hearing adjourned at 20 to 8 PM . Respectfully submitted , Jo ephine Bell - 3 - January 9 , 1979 Mr . Erik Ma Hewitt gob Bias. Cemetery Road Croton , New York 13073 Dear Mro Hewitt , Pursuant to your Application for a Special Permit for a Motorized Vehicle Repair Shop and subsequent hearing held on December 18 , 19780 the Zoning Board. of Appeals ® decision on January 8 , 197% hereby grants the .Special Permit requested , A Special Permit form will be sent to you shortly® Sincerely yours , CG , Gordon Hoy, Chairman Board of Appeals