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HomeMy WebLinkAbout1979-05-08 TOWN OF GROTON BOARD OF APPEALS MEETING Held in the Town Hall Groton , N . Y . Tuesday New May 8th , 1979 - - - 8 * 30 P . M . PRESENT : G . Hoy - Chairman Ben Bucko - Town Attorney F . Fauts J . Bell F . Pearson Josephine Bell - Stenographer G . Hoy : Would you like to vote on these two later on so we don ' t have to meet again? F . Pearson: Might as well . G . Hoy : Well , we ' ll go over this draft of Rules and Regulations for the Zoning Board of Appeals with Ben first . Be Bucko : I ' ve looked through this and it ' s very similar to the one I sent you in 1975 but it ' s more conprehensive and the only thing to do is to eliminate the , things that apply to the Village . I do have one question , - -I think it ' s just a misspelling . Under Section 53 a stay of action appeal " any appeal . . . . . . . . . . should be granted ' .bylthe Board " - - I think that word should be " granted to the Board" or it could be "which may be granted by the Board or by a Court of Record" NEW - either one . No , it can ' t be because in other words if he says " appeals stays all procedures . . . . " the action is not stayed except by a restraining order which may be granted to the Board by a Court . It ' s got to be that way . G . Hoy : Mmmmmm . Be Bucko : Because a restraining order you can only get from a Court of Record . J . Bell : Is this something we ' re going to say tonight that they are going to be our guidelines ? G . Hoy : We don ' t have to decide tonight but I thought we should discuss it . Be Bucko : I ' ll be glad to meet with you again . You should read it very care - fully and form a pattern as to how you ' re going to operate and if you have any questions you can go back to it and know your rules and a person can come and pick one up from the Town and has to follow them , - -O . K , ? J . Bell : I still would prefer to look at them again . Be Bucko : I ' m not here to push it , - -I ' m here just to explain it if there are any questions . J . Bell : Alright . - 1 NEW B . Bucko : Requirements for Granting Variances as to Permitted Activities -and Facilities . That ' s quite comprehensive and helps you decide in that particular case . G . Hoy : Let ' s go over the voting procedure . Now this one that Mr . Evans gave us 41 -4 . 4 and the one you gave us earlier has got two more . B . Bucko : That ' s in his 4 . 4 . G . Hoy : Alright 4 . 6 " no member shall vote on the election of any matter . '. . . " B . Bucko : It ' s already in 4 . 3 . G . Hoy : O . K . , - -alright . B . Bucko : Let me check those sections , - -I didn ' t bring my copy - - and I can tell ' you which were eliminated . 4 . 4 tie vote or favorable is thrown in with 4 . 2 so what they have done is consolidated them and put them together . G . Hoy : Alright , - -we had a hearing once that I had to go back to this one here . You gave us these . I didn ' t realize we had to approve them as a group . I thought the Town Board would give us the Rules and Regulations . B . Bucko : No , that ' s why I sent them with my comment . These are rules for you to adopt so you can use them for a pattern so anybody coming before the Board would know what rules they would have to follow and you would have them to know how you would act . G . Hoy : There was one hearing about meetings . We don ' t have to hold regular meetings through the year , do we ? B . Bucko : You have your annual organizational meeting . I would have to check the Town law to see if you have to have regular meetings but I do not feel you have to unless there are certain things you want to discuss . G . Hoy : I can call a meeting any time and the majority of the Board can call one any time if there ' s action to be taken , we meet . B . Bucko : The only reason I can see that you would have regular meetings is that if ' anyone wanted to come before the Board to discuss something they could . G . Hoy : But there are other channels they could find out from . How many people do you think would be down here if we had meetings once a month? B . Bucko : Believe me , you would be sitting here talking to yourselves . G . Hoy : Will you find out about that ? B . Bucko : Yes , - - let ' s see , - - it says right here , in the Town law " all meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as the Board may determine " so I ' ll say you don ' t have to have regular meetings unless that ' s been amended and I ' ll see about that . 2 - Be Bucko : Let me say this that in larger towns the Appeal Board does have regular meetings and the reason they have them is because they have so many appeals that that is the time they bring in their first application so that the Board can then act on having a hearing . In other words pass a resolution to have a hearing on such and such a date . G . Hoy : Alright , - -if we have an organizational meeting once a year , the new chairman of the Board and the rest of the Board members rem approve these each year ? Be Bucko : No . G . Hoy : But they can go over them and amend them if they want to but don ' t have to approve them each year ? Be Bucko : No , - -those are the rules and they can be amended anytime by your . . Board or any members that come on next year . Let ' s say a new mem- ber comes on and reads this and says I would rather have this pro - cedure if it ' s alright and then you can amend it . G . Hoy : But can only be amended once a year ? Be Bucko : No , at any time . These are your rules , - -you don ' t have to have a hearing to amend them . It says here : "This set of rules may be amended by 4 members of the Board provided . . . . " so you see this is another reason why you can hold regular meetings . You do not have to have a hearing on these . These are your rules of behavior . G . Hoy : We don ' t even have to have them approved by the Town Board ? Be Bucko : No , - - the only thing you have to do is have them in conformity with the Town - - - - - - - - - - - - - - - - - -which says hearing must be held on notice so many days and so forth . G . Hoy : Is there any place in this one that instructs us on how should I say it ? When . Mr . Evans was here he told us that any special permit or variance that we approve on a County or State highway we have to in- form them first . Is that in here anywheres ? Be Bucko : That ' s right , - -it ' s your General Municipal Law 239M . Even the Town Board if it wants to amend the zoning ordinance and - - - - - - - - - - - - - -if it '_ s500 ft . of a State or County Highway or Park or anything like that has to advise them . G . Hoy : Oh , - -that ' s in the zoning ordinance , - - it ' s not in our list ? Be Bucko : Let me finish , - -because they have to send it to the Planning Board for their recommendation . They do not have to accept the recommenda - tion of the County Board . In fact when Lewbro came in we had to notify the County of Cayuga Planning Board and Tompkins County Planning Board and the DEC because it could affect the stream . Now the County Board had 30 days to give us their recommendation . If they said disapprove the zone change and stated reasons the Town Board did not have to go along with the County Planning Board but if it didn ' t they 'gad to give the reasons why specifically that they did not go along and did grant the permit , and the same thing applies to you because your variance may affect the County ' s general plan or DEC - 3 - B . Bucko : for a stream so therefore you have to give them notice of the variance and they make a recommendation for or against and if they are against it you would have to state reasons in detail as to why you are not following their recommendations . If they do not give you their recommendation in 30 days you can do anything you want to but have to send them a copy of what you did . G . Hoy : Are there any other questions on this ? B . Bucko : I ' ll be glad to come back again . Some discussion was held on the filling out of applications for variances and the Board felt people should be told how to fill them out and Mr . Bucko said if they were not filled in explicitly or totally vague when that happens they should be returned to them to complete fully saying you have not completed your application in proper form for the Board to consider . Mr . Bucko told the Board there ' s a section in the Zoning Board of Appeals Rules and Regulations giving them that power . Mr . Bucko went on to explain in detail about nonconforming use . In Volbrecht ' s case it ' s not known � of. he was repairing or selling cars prior to the zoning ordinance . If he was have to give him the permit and he can continue but then if he buys two or more and has two or more for repairs like that - he also has to comply with the junkyard ordinance . J . Bell * If he is going to store vehicles , then we can ' t give him a special permit . B . Bucko : Wait a minute , - -you can give him a special permit to repair them but if he is going to store them he has to get a junkyard license to buy and sell cars and store them . G . Hoy : Is he legal , - -with the idea that he is storing these cars for less than a year , - -he said 4 -6 months . B . Bucko : 4 -6 weeks . G . Hoy : Alright , even if he stored them for that period of time it would be legal , wouldn ' t it ? B . Bucko : No , not under repair shop but if he -was doing it prior to the adoption of the zoning ordinance when it was first adopted then he would be a nonconforming use but if he is - - - - - - - - - - - - - - - - - - - - and storing more than 2 unlicensed vehicles than he has to get a junkyard permit . Further discussion was held on cars stored for insurance companies . J . Bell : If you give them a permit conditionally that they do not in the future do such and such a thing ? B . Bucko : But if they were doing it prior to the zoning ordinance in 1972 can continue to do so . The ordinance was passed in 1972 and if in 1973 I started a business I would now have to comply with this . - 4 - T J . Bell : I know all that . Be Bucko : Alright , but if he was doing something before the ordinance was passed cannot - - J . Bell : Alright if doing all these things before there ' s absolutely no reason why we shouldn ' t grant this . Be Bucko : That ' s right . And it ' s up to Bob Brown to go after him to get a junkyard license if he needs one . Your function is only to pass on things if applications are received for special permits . In regard to Hora ' s , you should ask him to verify some of these facts himself because the guy that came in and said he thinks he was running one since 1968 OR - that should be verified . In other words if Frank says he has been operating since 1968 , as a Board member you can take his word . F . Pearson : He built his house first and then sold snowmobiles and build his new shop in 1969 and got more and more into the cars around 1971 . He ' s been up there full time since 1972 or so . Be Bucko : Now he worked for Pete and the question is , did he abandon the non- conforming use ? F . Pearson : I don ' t think so , - -he was working there nights and week -ends . J . Bell : But you wouldn ' t know that . Be Bucko : I . have to tell Bob Brown , - -I drove past Ronnie Cotanch ' s place and Clarence White . . . . . . . F . Pearson : He has umpteen car parts for sale in the Post Standard . Some discussion was held on how Mr . Brown got his knowledge on when people were doing building and so on that they shouldn ' t be doing and what his function is . Be Bucko : Well , - -any time you need me . G . Hoy : Thanks a lot for coming down tonight . If any of you don ' t have a copy of these rules and regulations let me know . J . Bell : I have this but I don ' t have this . You said you were going to make copies of it . G . Hoy : Alright , F . Fouts : That ' s the papers Mr . Evans left ? G . Hoy : Yes , he went over them with us that night but this is just something he went over with us that night . J . Bell * I wasn ' t here that night . G . Hoy : Now , do you still want to act on these 2 hearings we had tonight on NO 5 - 1 • G . Hoy : the information that we have ? J . Bell : Well , O . K . I ' d say since Joe Hora didn ' t show personally do you feel that he should show personally ? The questions that the boy answered , as far as I was concerned , that I did question , it wouldn ' t make a bit of difference because of the fact that he has been supposedly in business for such a length of time . G . Hoy : That ' s how I feel about it . I think he was trying to answer the questions as truthfully as he knew how and most of them are ans - wered on the bottom of the application . Do you want some time to think about this Frank or do you want to act on them tonight ? F . Pearson: If the rest of the Board wants to act on them . G . Hoy : How about you , Floyd ? F . Fouts : I don ' t see what we can do anyhow . G . Hoy : Any discussions on this or questions that ought to be brought up or discussed ? F . Pearson : Well , no neighbors showed up against it and he has been there for several years and seems like if he was causing hard feelings someone would have showed up that was against it . G . Hoy : Do you have any comments on * it , Floyd ? F . Fouts : No , I don ' t know where he is located really . G . Hoy : You know driving by it appears to be a nice clean shop . F . Pearson : Yes , it ' s a nice shop . G . Hoy : Janet , any questions ? J . Bell : No , I don ' t think we really have too much of a choice according to Ben and we have to grant it . G . Hoy : Do I hear a motion to that effect ? J . Bell : I make a motion to grant Joe Hora ' s application for a special permit . F . Pearson seconded the motion and upon roll call vote motion carried unanimously . G . Hoy : Alright now on Mr . Volbrecht ' s , J . Bell : I make a motion to grant it since he is in compliance with the special permit requirements . F . Fouts seconded the motion and upon roll call vote motion carried unanimously . The meeting adjourned at 9 : 25 P . M . Respectfully s fittedV&k - 6 - Josephine Bell s TOWN OF GROTON ZONING BOARD OF APPEALS PUBLIC HEARINGS Held in the Town Hall , Groton , N . Y . on Tuesday May 8th , 1979 8 : 00 P . M . and 8 : 20 P . M . PRESENT : G . Hoy - Chairman B . Bucko - Groton Town Attorney F . Fouts Josephine Bell as Stenographer F . Pearson C . Volbrecht J . Bell G . Lane representing J . Hora Mr . Hoy opened the hearing and read aloud the Notice of Public Hearings on the applications of Joseph W . Hora , Jr . and Charles Volbrecht for special permits in regard to Motorized Vehicle Repair Shops . (A copy of this notice is on file in the Town Clerk ' s Office and it was published in the Journal & Courier April 23 , 1979 ) G . Hoy : Did you say you were here on Joe ' s behalf ? To answer questions on his business ? G . Lane : Yes , if I can . G . Hoy : Would you like to explain his situation the way it stands ? G . Lane : Such as ? G . Hoy : The business he is carrying on and , in general , or maybe it would be better for us to ask you questions . Are there any questions at this time ? J . Bell : First off , we might as well go right down the list of what he has and if he complies with special permit do — is he licensed by the State of New York? G . Lane : Yes , J . Bell : He repairs motorized vehicles , - -does he store or sell parts ? G . Lane : No . J . Bell : Does he purchase damaged vehicles ? G . Lane : I don ' t think he has recently but he does . It ' s more of a side line than steady living . J . Bell : Does he have facilities for parking ? G . Lane : Sure , J . Bell : Does he keep junk cars on the property ? G . Lane : No . - 1 - w J . Bell : Are all parts kept inside the garage or building ? G . Lane : Sure , - -more or less . There ' s no such thing as a yes or no answer . If you have one piece outside the door there it is but he has two places he keeps everything . J . Bell : But basically he has them inside the building . Any advertising signs . G . Lane : I don ' t think so . J . Bell : That ' s all the questions as far as just basic ones for a special permit . G . Hoy : How large a garage does he have ? How many cars can he work on inside at one time ? G . Lane : Probably 5 . 4 or 5 or probably 6 counting the other shed . G . Hoy : Do you have any more comments ? J . Bell : I have one - - purchasing and selling - - that bothers me but you ' re the only one here to speak for him . G . Lane : How many can you buy or sell a year without having a license for them . J . Bell * For a special permit you ' re not supposed to buy any damaged vehicles and repair them and resell them . That is one of the stipulations on granting it . G . Hoy : But you also said he hasn ' t done that in awhile . G . Lane : He has one in there now but it ' s been there for a long time . I bet it ' s been there a year or better . G . Hoy : Any more questions on this one ? J . Bell : No . G . Hoy : Floyd , do you have anything you want to ask ? F . Fouts : His shop , - - is that Joe , Sr . ' s place or is it a new one ? G . Lane : It ' s where Joe , Jr . is working . F . Fouts : It ' s not in old Joe ' s that we know? G . Lane : No . G . Hoy : It says here he acquired the property in 1966 , - - is that when he started the business ? G . Lane : No , in 1968 or 1969 I believe he started the business . G . Hoy : If there are no more questions , this hearing is adjourned . The hearing on Joe Hora Jr . ' s application adjourned at 8 : 20 P . M . - 2 - 1K G . Hoy : Now the next one is for Charles Volbrecht , Jr . , Chipmans Corner Road . Your business is pretty much the same as when you started it in 1963 when you acquired the property ? C . Volbrecht : No , I had a small garage behind the house but actually was doing business Jbut not that much at nights . I built the new shop in 1972 . G . Hoy : And you are licensed by the State of New York? C . Volbrecht : Uh -huh . G . Hoy : Do you store and stock parts ? C . Volbrecht : Yes , G . Hoy : And how large a garage do you have ? How many vehicles can you work on at one time ? C . Volbrecht : 7 . G . Hoy : And you have sufficient parking to go with that ? V . Volbrecht: Uh -huh , G . Hoy : Now , what about junk cars ? C , Volbrecht : Well , they aren ' t there any longer than they absolutely have to be . G . Hoy : But you don ' t keep them there for parts ? C . Volbrecht : No , but there are a lot of insurance jobs for junk . They have to put them some place . Like now I have about 10 waiting to have them taken out of my way . Usually there a month or so until the salvage yard picks them up or we get rid of them . J . Bell : You don ' t take parts off of them? C . Volbrecht : No . G . Hoy : What about your sign? What size is that ? C . Volbrecht : I don ' t have one . An advertisement sign , you mean ? G . Hoy : Yes , C . Volbrecht : No . G . Hoy : Are there any more questions anyone would like to ask? J . Bell : Yes , - -do you buy any type of car for resale and fix them? C . Volbrecht : Yes , - -usually insurance jobs . I just bought one about two weeks ago . I work with a dealer who buys a lot of salvage cars and I repair them for him . They look like junk until you bring them in and repair them . I don ' t buy that many - -about 5 to 6 at the - 3 - C . Volbrecht : most per year . Mostly insurance cars . J . Bell : O . K . , - -parts , - -are they stored outside or inside of the building ? C . Volbrecht : New stuff or anything useable is stored upstairs but some stuff ends up outside like tires and so on . Only have about so much space to put the stuff . Tires and rims I keep stacked in neat piles out there . G . Hoy : Does anybody else have any questions ? Floyd ? Well , I guess we ' ll adjourn this hearing then . The hearing on Mr . Volbrecht ' s application was adjourned at 8 : 28 P .M . G . Lane : Excuse me , - -I would like to ask you something ? Is it possible for me — An now myself - - to work at home ? G . Hoy : Doing what ? G . Lane : Just body work . G . Hoy : Just body work? You mean do it for someone else or for yourself or family ? G . Lane : I can do it for myself or for anybody that walks in the door? G . Hoy : You would have to meet the requirements of a special permit and apply for one . G . Lane : Do you have a list of the requirements I would have to meet ? Can I have a copy of that ? J . Bell : I don ' t have one here but Bob Brown will have them . G . Lane : Well , maybe Joe would have one . G . Hoy : He should have one . G . Lane : But there ' s a possibility if I follow along with everything else I could get one ? G . Hoy : Yes , C . Volbrecht : If someone was thinking of starting a new business , what do they have to go through ? Be Bucko : What kind of business ? C . Volbrecht : A repair business . Be Bucko : Before they would even start they would have to file an application and get approval . G . Lane : What would decide the approval or disapproval ? G . Hoy : All of these requirements . Be Bucko : Neighbors ' complaints , detrimental to the area , depending on what We 4 - B . Bucko : kind of business you were doing . G . Lane : If they didn ' t want me to , I wouldn ' t do it . B . Bucko : You couldn ' t buy or sell and you would have to have a reapir shop for body work or small engines or anything like that . After you present all the facts , they make a decision so whatever they request from you and whatever you can tell them and they feel you meet the requirements they can issue it . If they feel you don ' t they have to state why or they can give you one with certain con- ditions you have to follow . C . Volbrecht : I was just curious because somebody called me the other day to say they are starting one . She wanted to know if needed a building permit and so on because she got one of these letters like Joe and I and I told her she had better look into it . G . Lane : That ' s why I ' m asking . C . Volbrecht : Their foundation is all together and they are waiting to build . B . Bucko : And they haven ' t got a permit ? C . Volbrecht : I don ' t think so . B . Bucko : They ' re in violation and you ' d better tell them not to continue building until they get a building permit because that could be a violation . At this point Mr . Lane and Mr . Volbrecht left around 8 * 28 PtI . Respe tfully submitted , Jo phi e Bell - 5 -