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HomeMy WebLinkAbout1983-06-28 The Town Board ` p " T ` ° ` � Town of Croton � et � t` ... 101 Conger Boulevard Groton , N . Y . 13073 June 28 , 1983 Heritage Baptist Church 246 Pleasant Valley Rd . c/o Reverand Robert Bulmer Box 149 Locke , N . Y . 13092 Dear Reverand Bulmer , At a meeting held on June 28 , 1983 by the Board of Zoning Appeals your application for Variance of the Zoning Ordinance of the Town of Groton in regard to distance from rear property line was granted . Very Truely Yours , anet Bell Chairman Board of Zoning Appeals CCr Teresa Robinson , Town Supervisor Robert A . Brown , Zoning Officer Minutes Board of Zoning Appeals no, Town of Groton June 28 , 1983 8 : 10 p . m . Present : Janet Bell , Chairperson Don Cummings Mary Decker Nile Smith Pursuant to Public Notice published in the Groton Courier-i a public hearing was held on the following application : Application No . 1 no, Heritage Baptist Church . Please take notice that the Zoning Board of Appeals , Town of Groton , County of Tompkins , State of New York , will hold a public hearing at the Town Hall , 101 Conger Blvd . , Groton , N . Y . on Tuesday , June 28 , 1983 at 8 : 00 p . m . for the purpose of considering the Application of Heritage Baptist Church of 246 Pleasant Valley Rde for a variance of the Zoning Ordinance of the Town of Groton in regard to distance from rear property line . The chairperson of the Board , Janet Bell , opened the hearing by reading the above text of the notice ; she then asked that any pertinent written comments or repdrts concerning the appeal be read . Pastor Robert A . Bulmer stated that the Church had an attorney write up comments to report to the Board . He emphasized that "what we are looking for is a variance on use and not size . The church is a 144 year old building and the title passed into our hands last month . We are fix'ITIng the place up . The county came and put gravel for drainage , so we now have off the road parking . The existing church building already sits too close to the rear property line . The proposed application will not be decreased in distance . As a far as a hardship , the sale of church property is different from store front . We didn ' t purchase the building . It was given to us to fix up and use . We have fixed it up . One hardship part would be if we were to sell it , it would have to be as a church . The building couldn ' t be used for anything else . Another hardship is we are looking for an addition for the teenagers . We have a lack of space and they have to use my office to meet in . It is up),oa wooden stairway on the second floor . Classes would be better and safer on a ground floor level . The addition we have to put up would be used for the teenagers and a day school ministry . Another problem is that we have boxes and boxes of books and no place to put them for use . We have a dart board and a pang gong table that could be used if we had the space . The building will not be used for food handling , so the board of health is happy . We are just trying to make better use of the facilities we have and in a safer way . As far as intent of zoning , behind the church is undeveloped land . The farmer found out that the church does legally own the land . The adjacent property is hay fields and swamp and can not be used . The existing structure should be put to better use . If variance should be granted , this addition would be used only for church and if we leave , the structure would no longer be used . It is built on blocks so it can be taken off and taken with us to another location . Janet Bell explained that the Board is interested in only the proposed addition . " Is that addition upsaalready? Can you give the history of it to the Board ? " Pastor Bulmer explained , " I talked to George Totman and he expressed that he was not the Zoning Officer and that the way the land is layed out , he didn ' t know what we were going to do . We didn ' t know we were under town and village zoning . We had already purchased a two car garage kit ( the addition ) and we had a problem of lumber being delivered , so we started building . George Totman told us we had to have a zoning permit . The permit was denied . We talked to lawyers about being under the zoning laws . The attorney told us to stop building . We waited a year because we were under the impression that we had to have a title to the building first . We don ' t own it yet . We spent nine to ten months working with the Board of Health and courts for titles and deeds . The farmer , Mr . Torbk , didn ' t care what the church did . We would have to go through a federal land bank for him to sell the swamp . So , now we are proceeding with the route of applying for a grant . One lawyer gives us one suggestion and another lawyer gives us another . They are condradicting each other . J . Bell asked if there were any witnesses in favor of the appeal . A ,witness expressed being in favor . Another witness stated , " The church is doing quite a service for God . Every Sunday afternoon the pastor also goes into the nursing home and has services for the patients . There is an active youth group . With this building and a new addition , the church can do an even better job of servicing the community . " J . Bell then asked if there was any opposition to the application for variance . There was none . She then asked for questions from the board . Mary Decker asked , " Do you own property not too far from here , and do you have any idea on time of how far away you plan on moving? " Pastor Bulmer answered , "Yes , it ' s about a 'Mile away . We need a place to settle . Every time we move , we loose people . We need a place we can call home . That is why we took this building . Maybe the next five years we could go ahead and make plans to get in the other location . If we could get there next year , I would like to do that . But , I don ' t know . " J . Bell asked , " Do you want to move this building addition to the other spot ? " Pastor Bulmer answered , " Yes , it would be a nucleus for the = :new structure . The other spot has six acres of land and is on Peruville Rd . I am hesitant to promise anything of what future plans are . J . Bell asked , " It is not a permanent addition? " Pastor Bulmer replied , " NO , we wi11 take it over with us . " J . Bell asked , "When you put the addition on , was it ignorance of the law on your part ? " Pastor Bulmer answered , "At first it was . But then I dealt with lawyers who contradict themselves . Or I would have applied for variance a year ago . I was under the impression that we had to have title to the building before we could come in front of you people . " Nile Smith asked , " 'Isr(vtkerptop6sbd 20 x 22 addition essential to be built in back of the church? " Pastor Bulmer answered , " If we build any closer to the front , we ' ll be too close to the highway . We would rather deal with the swamp at the back than the highway in the front . " Mary Decker asked , " You speak of Mr . Torok . It sounds like he automatically gets the farm land ? " Pastor Bulmer replied , " He thought it was his land and that the church was squatting on it . I checked and the map showed that it was ' not his land . The property belongs to the church . Mary Decker asked , ' " How long have you used the church building? " Pastor Bulmer replied , " Two years . " Mary Decker stated , " It says here that you have an average attendance of 70 - 75 . How many are in the youth group ? " Pastor Bulmer answered , " Sometimes twelve ,, eight , or four . Nile Smith questioned , " There ' s no basement , right ? " Pastor Bulmer replied , " Right , sir . " Janet Bell asked if there were any further questions . " If there are no more questions , we will close the hearing and decide . When we deliberate on it , we will let you know . A decision will be rendered in not later than 60 days . " Meeting was closed at 8 : 4. 0 p . m . by Janet Bell , chairperson . It was decided to deliberate immediately after clone of meeting . o� .��� P Janet Bell stated that practical difficulties were : The church has the addition up , but it was done in ignorance of the law . It can be granted even if it is there on fault . We don ' t have to grant it if they have caused there own hardships . In some instances we can grant it though . " It is not going to change anything . He said he tried to get the property from Mr . Torok , Don Cummings replied , " He can ' t any ways , as long as Torok doesn ' t care . And he ' s not here to oppose . " Nile Smith : " I don ' t see any problem . I went up there and looked at the building . There ' s nothing back there of any value that it can hurt . I see no problem . " Don Cummings : " I see no problem . If Mr . Torok doesn ' t care , no one 'else should . " Nile Smith : " There ' s nothing else fon( miles from it . " Mary Decker : " Doesn ' t Torok own all around the church? " Nile Smith : " Yes , he encircles them . " Janet Bell : " It won ' t change the neighborhood . " Don Cummings : " It might change it for the better . " Janet Bell : " It wouldn ' t cause any problems . " Don Cummings : " The addition will make it safer for the kids and it gives a second escape route for fire safety . Janet Bell : "Are you inspected by the fire department ? " Pastor Bulmer : "Yes , there ' s no danger . " Mary Decker : " Safety wise - the addition just makes things better . I see no problem . " Janet Bell : " Does anyone want to make a motion? " Nile Smith : " I make a motion to grant a variance to the Heritage Baptist Church of 246 Pleasant Valley Rd . for a proposed 20 x 22 addition . ' Don Cummings : " I second it . " Janet Bell : " The board has decided to grant your application for variance . You will receive written notice of it . " Adjourned at 8 : 55 p . m . tBOARD OF ZONING APPEALS ' PUBLIC HEARING DATE : June 28 , 1983 PRESENT : Janet Bell Don Cummings Mary Decker Nile Smith WHEREAS , The Heritage Baptist Church has filed an application for a variance of the Zoning Ordinance of the Town of Groton in regard to distance from rear property line , and a public hearing having been held after due notice , and all those desiring to be heard were heard and the testimony recorded , and WHERAS , this board , from the application , hearing all parties , and viewing the premises and neighborhood concerned finds : 1 . It would improve the neighborhood . 2 . The safety to children would improve . 3 . The addition makes a second fire escape route . 4 . The church tried to buy the rear property , but the farmer di^ dn ' t feel that it would be a financial advantage . he farmer does not oppose the application . 5 . It will not change anything of value in the neighborhood or cause any problems . NOW , THEREFORE , be it resolved that based on the above findings , the application be granted . The foregoing resolution was submitted by Nile Smith , seconded by Don Cummings and unanimously adopted .