Loading...
HomeMy WebLinkAbout1979-10-29 r GROTON ZONING BOARD OF APPEALS PUBLIC HEARING Held in the Town Hall , Groton , N . Y . Monday - October 29th , 1979 8 : 00 P . M . PRESENT : G . Hoy - Chairman Eva Bailey - Applicant F . Pierson Frank Bell - Attorney Janet Bell Josephine Bell , - Recording Clerk Mr . Hoy called the hearing to order at 8 PM and read aloud the Notice of Public Hearing for a variance for the applicant Eva Bailey . This notice was published in the Journal and Courier on October 15 , 1979 and a copy is on file in the Town Clerk ' s Office , G . Hoy : Would you like to describe your situation? E . Bailey : He can explain it better than I could . G . Hoy : Who are you ? F . Bell : Frank Bell - - she has a lot 190 ft . , as I recall , east and west which is parallel to Cemetery Lane 100 ft . deep . It lies on the South side of Cemetery Lane and the proposed building - - the only spot it could be placed is the one indicated on the sketch which would be roughly 24 ft . from the south edge of the travelled portion . The problem isn ' t particularly speaking limited depth of the lot , which is 100 ft . , even if it were twice as deep we would still have the problem of grade . There ' s a rising grade coming from the south edge of Cemetery Lane south of the road which would be the back line of this lot 100 ft . south - - roughly 25 - 30 ft . above road level . It ' s about 20 -30 degree - - percent - - grade and the spot indicated on the sketch is the only place level enough to place the building . To move it further back from the road would mean a cut bank behind it which wouldn ' t stand up with the - - would mean a dirt wall behind it which wouldn ' t stand without concrete buttressing . The spot indicated is only relatively flat spot that would take any kind of building . If it was put farther back would be an impossible job of excavating out and reinforcing around wall or place it in a position you couldn ' t get into it any time but during summer weather . G . Hoy : If you turned this building , - -you ' re talking about a dirt wall behind it if you turned this building and levelled out enough for it would still have access from this road . How high a wall would it be ? F . Bell : You would have a wall between six - twelve foot turning it 90 degrees wouldn ' t change the situation appreciably . - 1 - i F . Pierson: Well , - -the building is 6 ft . shorter that way . You would gain 6 ft . F . Bell : 6 ft . wouldn ' t make that much difference - - it ' s rather a tight fit as it is and it would make a problem of access from what would be the East side . To turn it would make access almost necessarily in from the road . With the climb from the edge of the road to the South line of the lot , - -I ' d estimate between 25 - 30 ft . not 100 . F . Pierson: But you ' re not going away back - - F . Bell : No , but it ' s a progressive grade . The spot indicated is a flat shelf like a terrace . As it is I think it will sit about 6 ft . above the road level . G . Hoy : There isn ' t any way that there would be cars parked by the building as you have proposed here and the road where it is now? F . Bell : No , there couldn ' t be because there ' s drop -off and a ditch . There wouldn ' t be any space for it or a possibility of parking in that area . From the lot edge of the proposed building site to the ditch would be approximately a 45 degrees angle down to the ditch and it ' s about a 2 ft . deep ditch there at the South side of Cemetery Lane . Janet Bell : What is the reason for the accessory building ? F . Bell : It would be for a garage and storage . Janet Bell : It would be basically a one - car garage ? F . Bell : Yes , - - there would be additional storage for tractor and gardening tools , trailers , - - Janet Bell : And this is one of the pre - fab buildings ? F . Bell : Yes , - - the standard steel building - - fairly common through the Town . Janet Bell : And is that standard dimension? F . Bell : They come4in different dimensions , but it is almost the smallest they can furnish . This is on the low end of the size . F . Pierson: Well , - 1 don ' t know on - seems like the part you have driveway going to is the upper half - - if you could move half of the building , - - looking at the sketch , - - 15 ft , over where car would go in is on the East side and have the storage area out nearer the road , - - seems like if you could get it partially back in the bank . F . Bell : The only fear there would be the caving in of the bank . Here it rises 55 - 60 ft . and there would be a terrific runoff in there in the spring and wet weather . It would be doubtful if we could hold a bank there . - 2 - F . Pierson: Mmmmm . G . Hoy : Where does the water run off now? F . Bell : The water run..off is through the ground to the soil at the present time . G . Hoy : Does it come from the trailer driveway ? F . Bell : Virtually down hill and out the drive way to the west edge of the property line and follows down through there to the ditch . G . Hoy : What level is the trailer compared to the driveway ? F . Bell : The trailer and driveway are about even , - -we have almost a shelf there . Wouldn ' t be over six inches to a foot variation taking it East and West . G . Hoy : It seems like if what Frank suggested here — On if it was shelved back 15 -20 ft . in order to come closer to the requirements - - a diversion ditch could be applied above even your retaining wall or your shelf One, your dirt wall NO — if youijust went back 20 ft . you wouldn ' t have more than 3 ft . - - - F . Bell : We would have a 4 ft , rise about that much and it would be fairly soft earth , an = it would be difficult to taper it back far enough that it would hold without going into a massive base of concrete . F . Pierson: This is pole type construction , right ? F . Bell : Yes , 6 ' treated posts and sheeted over that . F . Pierson: Are you going to put a cement floor in it ? F . Bell : Not at the present time but possibly in the future . G . Hoy : Are there any more questions at this time ? F . Pierson: I don ' t know what the plans are for that road , ammowhether there are plans of making it wider or doing improvements on it . I mean we could give you a variance to build it where it is '. like that - - you say it ' s 6 ft . above the road so if they came through there and take 10 ft . it would be the same problem this part of the bank would all slide off . F . Bell : They would have about 20 — NO let me see - - they would have about 24 ft . from the edge of the road of the actual travelled portion portion to the proposed site . There ' s a shoulder and a ditch there that would still allow room for considerable improvement of the road much beyond what the area would call for . F . Pierson : I think they have a 25 ft . right - of -way . They don ' t always use it all but say they took 18 ft . and decided they had to have a ditch in there NO - maybe 6 ft . deep and then would have a lot of raw earth from there to the north end of your building . - 3 - F . Bell : At the present time there ' s a 45 degree bank there now . They could work right to the base of that without really disturbing anything . G . Hoy : Well , - - I guess you have answered all the questions . I can ' t think of anything else that we might want to ask you . So I guess that will be all . F . Bell : When will we get a decision ? G . Hoy : Probably in two or three days by mail . F . Bell : Could we get it earlier through the Clerk? G . Hoy : Yes , probably in the morning . F . Bell : Thanks an awful lot . G . Hoy : Thank you for coming down . The hearing was adjourned at 8 : 20 P . M . and the Zoning Board of Appeals members held a brief meeting right afterwards . Janet Bell : As far as practical difficulties go there would be some but they could be overcome with some financial investment , is that right ? G . Hoy : , Yes . Janet Bell : And unnecessary hardship is not unnecessary hardship if you put some money into it , it isn ' t . What would it cost , - -maybe another $ 500 do you think? F . Pierson: That should take care of excavation and the crushed stones for the drain -off . G . Hoy : And it could be dug far enough back to see how the wall would hold . Janet Bell : Where is the trailer ? F . Pierson : Like he said it ' s on a rise . Janet Bell : Is the trailer having problems with run - off ? If the whole lot is that way and he wants to make it a little bit lower than where the trailer is I would think his trailer would have the same problem as this would have so therefore if he digs it back - - I think with more investment of money - - I think Frank ' s right if they do something to that road - - G . Hoy : That ' s wide open for development . F . Pierson: Yes , that whole area up there would be ideal in the future . It ' s wooded and has the kind of lots people are looking for . She has a lot more lot to work with than 2 or 3 others . G . Hoy : Yes , he has room to go back in there and have some kind of ditch - 4 - G , goy : or run-off constructed behind it . Too bad it lays the way it does but that ' s it , That happens to be their problem . Janet Bell : I make a motion that this variance be denied because un - necessary hardship has not been shown . F . Pierson: I second the motion , Upon roll call vote the motion was carried unanimously . The meeting adjourned at 20 to 9 P . M . Respec,tfully submitted , f��Q Jos phine Bell - 5 -