HomeMy WebLinkAbout1982-11-30 Minutes of Public Hearing in the matter of Dennis and Valerie Wood
held November 301, 1952 .
Present : For Board of Zoning .Appeals - J . Bell , Chairman , G . Bushnell ,
D . Cummings
For the Applicants : Dennis Wood
The public hearing of the Board of Zoning Appeals was held on
November 30 , 1982 at 8 : 15 p . m . in the matter of Dennis and Valerie Wood .
Since the stenographer did not appear , the chairman conducted the
meeting and took the minutes .
The Chairman opened the meeting with the reading of the public notice
which appeared in the Journal Courier and is attached hereto . .
The Chairman then asked Mr . Wood the applicant , to testify in his
behalf ,
Mr . Wood; explained that he was asking for a six month temporary permit
to keep his undersized trailer on the premises . He feels that by that
time he will have the basement completed and will be able to live in that
until the upper structure is completed . He went on to explain that the
reason he has not finished his house to this time is because of bad luck ,
the economy , etc . and referred us to his letter of October 15 , 1982 to
Robert Brown for further details which is attached hereto . He also
stated that if at the end of six months he was unable to comply with
the zoning ordinance , he would move the trailer off the premises .
The chairman then asked if anyone else wished to speak on behalf of the
applicant .
Mr . Woods mother was present but felt she could not add anything to her
son ' s testimony .
if
. The chairman then asked/the board or anyone present wanted to question
the applicant .
Mr . Bushnell : What type of heat do you have in trailer .
Mr . Woods . Oil
There followed a discussion on the hazards of fire in old trailers .
Mr . Bushnell : Do you expect to have house built in Spring .
Mr . Woods : The plan will be to move things out of trailer and into basement .
Mr . Cummings : The foundation is in?
Mr . Woods : Yes but not waterproofed as yet .
There followed discussion as to where the property was located .
G . Totman : In the event your appliation is granted for another six months ,
which would take it to the end of April , do you really believe you will
be able to finish in that period . What is going to happen at the end of
six months . Will you be able to move trailer and have the house livable .
Mr . Wood: , : All I need is waterproofing for the basement , slanted roof ,
which I am working on right now, breaker box for the electricity and other
odds and ends . With my doing ar . lot of the work , I believe about $3 , 000
will put the basement in livable condition . If there is a lot of snow
I probably could not keep this time table .
There then followed a discussion as to whether the building code prohibited
living in a basement for any extended period of time .
J . Bell : Was the trailer on property when you bought it?
Mr . Woods : No . It belonged to my mother and father-in-law . A well was
on the property and we had a septic system put in .
J . Bell : Why were you permitted to be in violation of the zoning laws
since 1979 .
Mr . Wood : I was given a temporary permit to move the trailer onto the
property while I built the house and was given temporary permits to
continue until October of 1982 . In August I was given a deadline to
move from your attorney but I did have my letter from Mr . Brown saying
I -could continue until October 1982 . Mr . Brown advised me at that time
that I would have to apply to this board now for a variance .
Mr . Totman : What is your profession .
Mr . Wood : Tool & Die Maker at Smith Corona
There being no further questions or testimony , the chairperson closed the
hearing and advised the applicant that a decision would be reached within
thirty days .
Respectfully submitted
J . Bell
BOARD OF ZONING APPEALS
PUBLIC HEARING
DATE * November 30 , 1982
PRESENT . J . Bell , D . Cummings , G . Bushnell
WHEREAS , Dennis and Valerie Wood has filed an application 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 , and a public hearing having been held after due
notice , and all those desiring to be heard were heard and the testimony
recorded , and
WHEREAS , this board , from the application , hearing all parties ,
and viewing the premises and neighborhood concerned finds .
1 . This is the first time the applicant has come before the
board with his request for a 6 month temporary permit . He had
previously been given temporary permits dating back to 1979 when
he. was given permission from the zoning officer to move his undersized
trailer on to the property while he built his house .
2 . The applicant is asking for a 6 month temporary permit to keep
the trailer on premises as a home for himself and his family while he .
completes his house since he does not have the finances to move at this
time ,
3 . He has thus far put in the foundation, dug septic system . ;. -
has a well and feels in six months time he could have living accomodations
in the basement of the uncompleted house if that is permitted by the building
code .
4 . No one appeared in opposition to application .
NOW, THEREFORE , be is Resolved that based on the above findings ,
the application for a ;temporary •perm t,yis.egranted for a period not to
exceed six months from the date of this decision , said date being
May 30 , 1983 . After that time if the trailer is not removed from the
premises , the applicant will be in violation of the zoning laws and subject
to penalties under Article XVII Section 1700 of the Zoning Ordinance of
the Town of Groton .
The foregoing resolution was submitted by D . Cummings , seconded by
J . Bell and unanimously adopted .
0
Even though the board recognizes that Mr . Wood has had financial problems
through the years since buying the property and moving the trailer on to
it , we are not taking that fact into consideration for granting the
variance .
The board felt that since Mr . Wood was permitted in 1979 to establish
a home site and has continued to be permitted to live in violation of the
zoning laws since that time , it would hardly be fair for the Board at
the beginning of December (which is the time it came before the Board )
t o advise the applicant that he must vacate his home site without any
time limit for doing so . The board feels that even though Mr . Wood
took advantage of the temporary permits issued by the zoning officer ,
he was permitted to take advantage since the zoning officer did not
bring the violation to the attention of the board at any time until
just recently . Therefore , the board feels that six months will be a
reasonable time for Mr . Wood to either complete his home or find .
another home for his family and move the trailer off the premises .
Submitted by
J . Bell
11/30/82