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HomeMy WebLinkAbout1979-12-10 n' TOWN OF GROTON ZONING BOARD OF APPEALS MEETING Held in the Town Hall , Groton , N . Y . Monday we December 10 , 1979 - 8 : 35 P . M . PRESENT : G . Hoy - Chairman* F . Pierson - Vice -Chairman* F . Fouts * Janet Bell * G Bushnell Josephine Bell - Recording Clerk* * - Denotes those present . The Zoning Board members held a brief meeting and discussed the Public Hearing held at 8 PM regarding a variance for Marvin Torok . G . Hoy : We could stipulate , I think it should be stipulated that if we do grant it he cannot build on that narrow strip of land . F . Pierson: Right but then you have to think that actually you ' re building up behind and you ' re behind all the other houses . But this happens all the time . G . Hoy : Now it does . F . Pierson : Right . F . Fouts : This is mostly woods up there . F . Pierson: Up further to the north must be woods . G . Hoy : And he said this up towards the road is mostly all brush . J . Bell : Well , basically I would prefer not to vote on it tonight . I would like to look at it more because I didn ' t have this in front of me . G . Hoy : Well we apologize for that - - Colleen wasn ' t well - - J . Bell : I don ' t want any apologies , - - it ' s fine but my husband told me at a quarter of eight when we were eating so that ' s why I was late but I just would prefer not to vote on it right now unless - - if others want to vote on it - - fine - - but I will have to abstain . G . Hoy : Is it agreeable to the rest of you to vote on it at a later date ? F . Pierson : Yes , F . Fouts : Yes , G . Hoy : We have another hearing coming up next month , - -do you want to wait until then or call a meeting between now and New Year ' s ? J . Bell : I ' m agreeable to any time . Some discussion was held on this by all and it was decided to hold the meeting to decide on this variance on December 27th at 8 P . M . - 1 - I a w G . Hoy : Alright , I ' ll adjourn this meeting , The meeting adjourned at 8 : 45 P . M . Respectfully submitted , J eph ' ne Bell &Wee - 2 - TOWN OF GROTON ZONING BOARD OF APPEALS PUBLIC HEARING Held at the Town Hall , Groton , N . Y . Monday - December 10 , 1979 - 8 : 00 P . M . PRESENT : G . Hoy - Chairman * I B . Bucko* F . Pierson - Vice -Chairman* R . Walpole* F . Fouts * P . Shurtleff* Janet Bell* N . Todd* G . Bushnell M . Torok* Josephine Bell - Recording Clerk* * - Denotes those present . Mr . Hoy called the hearing to order and read aloud the Notice of Public Hearing on the application for a variance by Marvin Torok as published in the Journal and Courier on November 26 , 1979 , a copy of which is on file in the Town Clerk ' s Office , G . Hoy : Would you like to explain why you want this a little bit , Mr . Torok? B . Bucko : Let me explain this a little bit . G . Hoy : Alright . B . Bucko : Here ' s a map . Neil Todd owns this right here like that . His house is sitting here and Mary wants to buy this parcel including that piece . 0 . K . and this land can be used for farming . Now we thought that Neil owned this but he doesn ' t . This is the old Pleasant Valley Road right here . Evidently H . Morton owns this . So there would have been frontage there . Neil wants to sell this parcel and retain this . This is farm land and what Mary wants to do , if he decides to build , is build right in here but this is the only frontage and the zoning ordinance says 200 ft . But this is something that happened a long time ago and this land will be worthless unless he has the right to build up here some day and if you look at the zoning ordinance and the Board of Appeals ordinance these lots are alright and this .' is the only thing remaining and this land would be worthless unless Mary has the right to build there some day . R . Walpole : There ' s 66 acres there . B . Bucko : Yes . .G . Hoy : Is this land in back presently being used as farm land ? M . Torok : I ' m farming it under the contract . G . Hoy : All 66 acres ? M . Torok : No , have 20 acres of corn up there and roughly 20 acres could have been plowed but I didn ' t get to it early enough this year and I guess there are 20 acres of woods on the north line . 1 - J . Bell : I ' m interested in when these other parcels were sold ? B . Bucko : Olive Barnes has owned hers at least 15 years and Mrs . Sauserbier has owned hers for at least 20 . J . Bell : 0 . K . I don ' t know that much about this . Let me see - - 0 . K . Mr . Torok is going to buy it and he ' s buying Mr . Todd ' s land ? Mr . Bucko showed Janet Bell what is going to be bought and told her the property was purchased in 1959 just like that . J . Bell : O . K . , - - so this frontage here is owned by the same man who is selling ? B . Bucko : Right , J . Bell : In other words , Mr . Torok is saying he wants to have a variance so he can build up there if he wants to build but it will be farmland and if he builds it would become a valuable 66 acres of land but with the zoning restrictions as they are `he wants to be assured he can build there if he wants to build . Now , Mr . Todd is living on this piece of land also ? Mr . Bucko explained where Mr . Todd was living .and that he would be keeping that and that it has been there since 1959 . G . Hoy : Now , the way you ' ve explained it to us there ' s no other access to this land other than this frontage right here ? B . Bucko : That ' s right . G . Hoy : Supposing he builds some day on this land and he decides he doesn ' t need the land out back any more and wants to sell it ? B . Bucko : It ' s land - locked . It can only be sold to a neighbor on the side . There ' s no way they could get in . There ' s no way to build on it other than that frontage . F . Pierson : It ' s already land - locked , isn ' t it ? B . Bucko : No , it isn ' t land - locked right now . There are two accesses for Mr . Todd . 137 foot and that other one . J . Bell : 0 . K . Mr . Todd has this land in the back and this land in the front . These other parcels were never owned by Mr . Todd at all ? B . Bucko : Never WE on no . J . Bell : He has always just had this right -of -way into the back area besides this ? B . Bucko : Right , G . Hoy : Does anyone else have anything to add ? B . Bucko : Actually it will divide this one parcel into two parcels and protect the land . 2 - a J . Bell : What do you mean by that ? Be Bucko : If you allow the variance you are going to make one parcel into two productive parcels as far as taxes are concerned . Then the 66 acres will be part farm land but if he builds a building on there that- portion will become taxable too . As it is that 137 ft . strip is not going to be worth anything . G . Hoy : Well it would allow access to the 66 acres in the rear . Be Bucko : That ' s it but 66 acres , if he isn ' t allowed to build , is farm land . If he sells it he ' ll sell it as one parcel - AND won ' t be able to sell it any way else . F . Pierson: What ' s that ? This 1 , 010 ft , back up in there ? Be Bucko : 14 Right . F . Pierson: Who is going to maintain that ? R . Walpole : The owner of the property . F . Pierson: Well , for a farmer it ' s practical but to build a house up in there - - they aren ' t going to want to maintain a 100 ft . driveway . R . Walpole : That ' s up to Mr . Torok . We have some now in excess of 2 , 000 ft * but the 66 acres that he ' s buying if he wants to build a new home there or one of his boys wants to build there at least he can be granted a permit to build on the 66 acres - - as it stands now he logically can ' t . B . Bucko : And if Mr . Torok doesn ' t buy it , Mr . Todd is not going to utilize it and it will be carried on the tax rolls as vacant land . J . Bell : Mr . Torok is planning to build ? One house or whatever ? Be Bucko : Well , he can ' t build anything more than one house and a barn or whatever - - he can ' t make it into a subdivision . R . Walpole : At this point he has no intention of building but 10 - 15 years down the road if he decides to build , if a variance can be granted he wants it recorded so that someday if he does decide to get a building permit it will be on record that he did get a variance . There ' s no way right now that the Town of Groton can give a building permit for that 66 acres . Be Bucko : And Sauserbier ' s lot was long gone before the Todds ever bought there and Barnes have had their ' s and that was cut out long before the zoning ordinance went into effect . M . Torok: Both those places have been there as long as I can remember . B . Bucko : Yeah . G . Hoy : How is the drainage on that strip of land , - - say 200 ft . back? - 3 - J . Bell : 0 . K . , - -you ' re saying that Mr . Todd has owned this 66 acres plus the frontage here from what year? Be Bucko : His mother and father owned it before 1959 . J . Bell : And that is the whole parcel , including this 66 acres , and there has always been an existing house ? R , Walpole : Yes , Be Bucko : That whole parcel was owned since 1949 , J . Bell : That was owned by his parents , is that right ? Be Bucko : Yes and when they died and moved to Florida they gave it to him . J . Bell : When did he take possession of it ? Be Bucko : The 66 acres he got when his mother died in 1978 so he got it in 1979 . J . Bell : He took possession of this after his parents died in 1979 ? Be Bucko : Right . His mother and father owned it since 1949 and his father died in 1977 and then his mother died in 1978 , J . Bell : 0 . K . , - - so the front parcel , - - this was originally your parents ' home , is that right ? N , Todd : Yes . J . Bell : That ' s until 1979 , 00 -O . K , G . Hoy : Are there any more questions ? Anybody else like to add anything at this time ? M , Torok : I guess you pretty well have the story . G , Hoy : It appears that way . The hearing is adjourned , R , Walpole : When will you notify us of your decision? G , Hoy : If we make it tonight you ' ll be notified�.in 3 -4 days . We might decide to table it and you would know in 30 days . The hearing adjourned at 8 : 35 P ; M . Respectfully submitted , Q Jos hine Bell 5 - M . Torok : There ' s a small creek , - -I don ' t know how far it ' s back from the lot . R . Walpole : Most of it now is a crabapple orchard . M . Torok : Berry bushes or whatever , To start with Neil thought he owned that triangular piece with 200 ft . frontage but came to find out he didn ' t own it , R . Walpole : After research and stuff he doesn ' t own the property , Mr . Torok came up to the table and pointed out on the map to Janet Bell and Frank Pierson where they thought the frontage was originally , Mr . Bucko explained the same thing to Gordon Hoy and Floyd Fouts , Mr . Walpole also came up and pointed out to the Board what they thought . Mr . Bucko explained in more detail what they had thought the frontage was at first and found out it no longer existed but belonged to Mortons . G . Hoy : In changing hands - - of this property - - has there been any thought to giving access to this 66 acres out back on the side of Neil ' s property here ? How much frontage does he have ? R . Walpole : You have two properties involved there already , Mr . Walpole came to the table and pointed out on the map where they were . B . Bucko : But even then if you gave him that access he can ' t build back there , G . Hoy : Right . I was thinking if the property was used for farm land no other access to it but this here strip and some day or other if that was divided would have to take something for a driveway and then you ' re reducing the size of this lot here , R . Walpole : But he doesn ' t want to use the front lot , He wants to build on the back , B . Bucko : So if he wants to go to a 1 , 000 ft . driveway , - - that ' s his perogative , P . Shurtleff : But , - - is my understanding right , - -you still can ' t build on that if you only have 137 ft , without a variance ? J . Bell : That ' s right . P . Shurtleff : It wouldn ' t cause any congestion back there . G . Hoy : I understand now . I thought it was the idea to have a building here . R . Walpole : No . G . Hoy : Alright , - 4 - woeP Pon, ' O IC / ,. o 0 q , The Town hoard �' E ; 8;a Town of Groton o � ,. ; A 't Sf ��. 4 . Groton, New York LEGAL NOTICE TOWN POF GROTON PLEASE TAKE NOTICE that a. hearing will be held on the 10th day of December , 1979 , at 5 : 00 P . M . at the Town Hall ; Conger B1vd . , . Groton , New York , by the Boa.rd ' of Appeals ' on the Application for a variance by Marvin Torok to be .allowed to purchase .a lot with street frontage of on 137 feet , more or less , on Pleasant Valley Road , Groton , New York , and obtain a building permit at any time in the future , All persons will be heard , • Gordon Hoy , Chairman Appeals Board Dated : November 26 , 1979