HomeMy WebLinkAbout1981-11-18 � � r
Town of Groton
Zoning Board of Appeals
November 18 , 1981
The meeting of the Town of Groton Zoning Board of Appeals was
called to order at 8s25 p . m . by Gordon Hoy , Chairman . All members
were presents Gordon Hoy , Janet Bell , George Bushnell , Mary Decker ,
and Nial Smith .
Others presents George Totman , Richard and Calistina Jencks .
Mr . Hoy read notice of the meeting in purpose of considering
the application of Richard and Calistina Jencks of Champlin Rd . for
a variance of the Mobile Home Ordinance of the Town of Groton in
regard to the denial of a building permit to set up a mobile home
which is non- conforming in size as specified by the ordinance .
Mr . Jencks was asked to explain the situation . He stated that
they want to set a mobile home on a lot on the Champlin Rd . , but
found out that it is too short . It is a 12 x 60 home and they want
to apply for a variance • to add on an addition .
M . Decker asked if they have already purchased the lot . Mr .
Jencks replied that they have given a purchase order on it until
they find out if they are granted a variance . G . Hoy asked if the
county has approved a sand filter . Mr . Jencks answered , yes .
J . Bell asked if they were bound to buying the land . Mr . & Mrs . Jencks
explained that they were misinformed by the real estate agent that a
trailer could be put on the lot and that they could build an addition .
J . Bell asked if they had an attorny when purchasing the property .
They replied , " Yes , from Cortland . " G . Totman stated that attorneys
don ' t always check out what you can and cannot do on the land , like
they are supposed to .
G . Bushnell asked what year the trailer is . Mr . Jencks answered
that it is in the late 601s . He also explained that they wanted to
start out with the trailer , but eventually build a home .
G . Hoy asked if they have checked into the cost of building a
12 x 14 addition . They replied , "yes " . M . Decker stated that if
they were granted a variance , it would probably be with a stipulation
that there would have to be that addition . G . Hoy asked if they had
planned to put a cellar under the trailer and the addition . Mr . Jencks
replied that there would be a concrete , permanent foundation , and that
all the tests have been done and approved , but nothing started yet .
N . Smith asked how long a period of time they would be living
in the trailer before building the addition . Mr . Jencks stated that
they would build it before moving in and that if variance is not
passed , they will dismiss the lot . G . Hoy asked if they could be
pinned down to amount of time living in the trailer before building
A home . They replied , " no
Mr . Hoy asked for further questions . He - then adjourned the
hearing and explained that Mr . and Mrs . Jencks will be notified by
mail as to the decision of the board .
The board discussed and considered the plight and at this point
there is no hardship . G . Bushnell made the motion to reject the
variance due to size of trailer and the fact that the ordinance
specifies that add ons and expandos do not qualify for the original
size of the trailer . J . Bell seconded the motion .
A roll call vote was unanimously in favor of the motion .
Meeting was adjourned at 9a20
Respectfully submitted ,
t .IZc.�
Juleene Mestler
Recorder
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101 Conger Boulevard
Groton , N , Y . 13073
November 19 , 1981
Mr . Mrs . Richard Jencks
14 Mildred Avenue
Cortland , NY 1 :3o4 5
Dear Mr . & Mrs . Jencks ,
This letter is to inform you of the results of the hearing of
November 18 , 19810
Upon careful consideration of the facts presented to the Board of
Appeals and regulations to guide us in . making a fair decision for all
concerned , - we concluded. , on the grounds that a practical hardship does .
riot exist . The board unanimously denied the variance .
Thank you for your cooperation in this matter .
Sincerely ,
fmJ
Gordon A . Hoy
Chairman
Zoning Board of Appeals
GAH/'lh
cc : Mr . Robert Brown
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Town of Groton
Ilk Zoning Board of Appeals
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November 18 , 1981
The meeting of the Town of Groton Zoning Board of Appeals was
called to order at 8 : 00 p . m . by Gorden Hoy , Chairman . All members
were present : Gordon Hoy , Janet Bell , George Bushnell , Mary Decker ,
Nial Smith .
Others present : George Totman , Mr . & Mrs . Don Carroll ,
*r . & Mrs . Carl Scheffler , Percy Howe. , Ralph Baker .
Mr . Hoy read notice of the meeting in purpose of considering
the application of Ralph G . Baker of Brown Rd . for a variance of
the Zoning Ordinance of the Town of Groton in ' regard to road frontage .
Mr . Baker was asked to explain the situation . He stated that
when he bought the land , he thought that there was more frontage
than there really was . He is 12 feet short on front . He has 38
acres and wants to build back in 1000 ft . from the road . He has
checked for a septic system and has a periK test report . He will
have a waterless toilet and plans on putting in a pond later . The
building will be 24 x 36 , single story , 2 bedroom .
Mr . Hoy asked for further questions . J . Bell asked why the
survey had not been done before . Mr . Baker answered that he did not
know the law required one done . J . Bell then asked if he had an
attorney when buying the property . Mr . Baker answered , no , that he
used his father- in- law as an attorny and the land ended up shorter
than it really was . M . Decker asked , " Why then , did you have a
survey finally done? " Mr . Baker stated , " Because I wanted to know
where I could build without infringing on any one else ' s property . "
Mr . Carroll asked what the reason was for zoning 200 ft .
frontage . G . Totman explained the purpose and procedures of the
Town Zoning Planning Board . He stated that the board drew up st
on suggested zoning ordinances from the county . The 200 ft . r
from a guide line from the engineer working with the board /
time . /
Mr . Carroll suggested that if someone had a land to
wanted to put up residence in that area , then the tax bj/
lower . G . Totman explained that the law does not land /(
that already owns the land . When the land is sold aft'
� omes into effect , then the ordinance applies for the /, ,
J
t . Mr . , Carroll suggested that it would be to the Town ' s benefit to review
the ordinance for the future .
G . Totman asked Mr . Baker what he plans to do with the 108 fte
he has . Mr . Baker replied that he wants to plant fruit trees and
spruce and have a driveway for access to the house . Mr . Scheffler
asked if the 200 ft * frontage has to be a driveway or can it be a
private road . The board answered , " yes . "
Mr . Hoy asked how far the other border is . Mr . Baker answered
that it was about 100 ft . Mr . Hoy asked if he had any plans for a
garage near the road . Mr . Baker explained that he may have a garage .
It depends on winter winds as to where the garage will be . Mr . Hoy
stated that if Mr . Baker were granted a variance , it would be granted
only for the house ; it would not include a garage by the road . He
would need to apply for another variance then . Mr . Baker asked the
board why he couldn ' t have it granted for a garage at the same time .
G . Totman explained that it would be another board ' s decision .
" What you are asking for is a variance . A variance is a board ' s
decision . There has to be an unnecessary hardship or practical
difficulty . And they look also if a person knows the hardship ahead
of time . Is the garage an unnecessary hardship? " Mr . Baker answered ,
" yes , with the winters we have in this area . "
Mr . Hoy asked for further questions . He then explained that
Mr . Baker will be notified by mail as to the decision of the board .
Everyone was dismissed for the board to discuss the variance .
G . Hoy made the motion to grant variance to Ralph Baker due to
the amount of acreage available , under the conditions that as long
as there is 188 feet of frontage and 707 x 188 be used as access .
M . Decker seconded . A roll call vote was unanimously in favor of
the motion .
Meeting was adjourned at 8 : 25 p . m .
Respectfully submitted ,
Juleene Mestler
Recorder
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