HomeMy WebLinkAbout1984-07-23 ti
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TOWN OF GROTON (d
ZONING BOARD OF APPEALS
Public Hearing , July 23 , 1985
Violation Town of Groton Land Use andDevelopment Code and Licensing and
Regulation of Junkyard Ordinance by ALLEN RAWSON and RICHARD REIMER .
Violation of the Town of Groton Land Use and Development Code and N . Y . S .
Uniform Fire Prevention and Building Code : BRIAN LUCEY .
BOARD ( *present ) OTHERS PRESENT
J . Bell , Chairman Terry Ofner
M . Decker* Duane Randall
L . Raymond* Richard Reimer
D . Ofner* Tina Reimer
N . Smith* Don Vanatta
Brian Lucey
John Hanford
L . RAYMOND , Acting Chairman , opened the Public Hearing at 8 : 00 1tm .
by reading the Public Notice attached .
Violation of the Town of Groton Land Use and Development Code , Section 312
and Licensing and Regulation of Junkyard Ordinance by RICHARD REIMER , 850 Cobb
St . , Groton , New York .
WOOD : What I found were unused vehcles and inoperable vehicles on the
property , in particular a Pontiac in the front of the house ; in
addition there are other unused materials along side of house
causing blocking the view from the intersection and also unused
material laying around the garage and back yard .
RAYMOND : You have contacted these people concerning this ?
WOOD : I have had two telephone conversations with Mrs . Reimer i-ndicati:ng
these were not unused and abandoned materials .
RAYMOND : We are listening to the evidence from everyone concerned who
has an interest in this . Any decision we make will be made at
another meeting . Does anyone here wish to comment who are
interested in or affiliated with RICHARD REIMER?
ZONING BOARD OF APPEALS PUBLIC HEARING -2- July 23 , 1985
DECKER : Are there any written communications on this case ?
WOOD : A long time ago I used to send informational memoes . I don ' t find
them in the folder so I can ' t comply with that questions . There
were memoes and phone calss back and forth and I responded and
asked them to take care of it .
OFNER : Did you advise the them about the Junkyard Regulations ? Did you
inform them that they could declare it a junkyard and apply for
a permit or clean it up?
WOOD : I did not advise them of the possiblity of applying for a Junkyard
permit .
RAYMOND : Any evidence you know of that this family is in a position to do
this , is there sickness in the family?
WOOD : That has never come up in the conversations . It is not a case of
' we can ' t do it ' ; it ' s a contention ' I ' m wrong ' .
LUCEY : Does this ordinance apply to farmyards with all types of vehicles
in their yards ?
DECKER : If they are peices that are not or cannot be used , they are junk
and should be out of sight .
WOODi Yes , it does apply to farms .
RAYMOND : Yes , it does but does not make a difference in this instance .
WOOD : Only to the extent that those things obstructing visibility are
of more urgency . As far as the law as written , it applies to
all of those things .
RANDALL : I am a neighbor , I got a letter . I would like to know what the
question is ? I heard the accusations and I don ' t happen to
agree with them nor do any others or they would be here .
ZONING BOARD OF APPEALS PUBLIC HEARING -3- July 23 , 1985
RAYMOND : In explanation the Town has a Junkyard Ordinance in the Town
Laws which indicates if you have more than two�ounlinensed vehicles
on your property you are in violation of the law unless you
obtain a junkyard license .
RANDALL : I understand what the law is ; what is considered a vehicle , car or
truck? I suggest that whoever is making the complaint investigate
it more thoroughly .
R . REIMER : I was in touch with Gary Wood when sent the first letter . I told
him every vehicle was licensed except the Pontiac. I have been
through a cancer operation , and because of finances that is the
only vehicle without a license . I don ' t understand the complaint
of a junkyard ; there is not an unlicensed vehicle there except
for the Pontiac .
WOOD : May I refer to the section of law which says ' where two or more
unregistered vehicles in condition for use on public highway
whether for personal use or resell , for reclaiming for raw
material , such materials should include any area are classified
for dumping . An accumulation of dumping or storage of used
materials of whatever consistency ' . It is not limited to motor
vehicles . You are right , the Pontiac is the only vehicle there
unlicensed .
R . REIMER : That ' s right , the only unlicensed vehicle . My daughter ' s vehicle ,
my sone has a vehicle , I have two vehicles . My boy has a motor
vehicle . Everything has a license .
RANDALL : The interesting thing I see , when you read the letter Mr . Wood
sent Mr . Reimer , a Town Board member lives four houses away and
has four unlicensed vehicles on his property . It seems particular
ZONING BOARD OF APPEALS PUBLIC HEARING -4- July 23 , 1985
individuals are being singled out for whatever reason . I
don ' t understand , I guess . There has been a concern about being
able to see at the corner . A time or two I had to sneak out
into intersection to see , I agree ; but I can remember only one
accident there since 1960 . I can assure you his place looked
worse ten years ago than now .
WOOD : Let me clear another item . It is not unused vehicles that is
really the question , it ' s the general accumulation of things
labeled as junk under this Ordinance .
R . REIMER : My boy has two snomobiles . Must be a law agianst snomobiles .
There are two boats ; must be a law against boats . I ' m in business
everything there comes and goes . I have a PUMP . . . . . . . . . . . . .
I have others that need to be rebuilt .
WOOD : You are addressing this to the wrong person . I made the accusation .
Speak to the Board . I am explaining what I was hired to do .
R . REIMER : If you would stop and find out it would be another story ; but
you would not stop and find out .
RAYMOND : We are here to listen to all sides of this thing . We appreciate
the information you are providing . We will take this into
consideration when making our decision .
R . REIMER : I have no accumulated junk like he says .
OFNER : I passed by since I sit on the Board and listen to facts and I did
see various kinds of items . I did not know why they were there .
Can you tell me the purpose of the variety of materials ?
RANDALL : He just says it comes and goes .
OFNER : It is an outdoor storage for articles you use in your business ?
ZONING BOARD OF APPEALS PUBLIC HEARING -5- July 23 , 1985
OFNER : The outdoor storage is for articles you use in your business ?
R . REIMER : I don ' t have enough room to do it elsewheres . For the last ten
years I have supplied the Town and County and others . I ' m in
plumbing and heating . I have a 250 gallon drum for . . . . . . .
I have a 50 gallon drum that needs to be cleaned out and that goes
back to theowner . I have no storage . It ' s all for heating or
if a farmer needs a piece of welding , he tells me what it is
and I make it . Mr . Randall had to have a saw made , I fabricated
it there . All this stuff is for that . I got a plow for the truck
my son has a plow for his truck . I only have a certain amount
of space .
DECKER : I have to be honest , but every time I come up to that corner
heading south you dan ' t see anything . In the 12 years there has
only been one accident , we ' re fortunate in that . What you have
I know you use . , It is the same type of accumulation we have
on the farm , but we have more room . Dick has no place to put
anything . We have to come to some workable situation . That
junk is his stock , it ' s in and out .
T . REIMER What I have heard the last ten minutes is not so much the junk
but the view from the road . I find from coming the other
direction it is just as hazardous to see around the trees .
Is everyone on a corner suppose to out the trees obstructing
a view?
DECKER : That is a good point , the view coming from the south you can ' t
see because of Mr . Terwilliger ' s trees .
RANDALL : That ' s true .
ZONING BOARD OF APPEALS PUBLIC HEARING -6- July 23 , 1985
T . REIMER : I find myself coming further from the south than from the north
into the intersection .
OFNER : In response to the question of trees ;_ within the Town Ordinance
there is a reference to plantings that obstruct corner vision .
I don ' t know if they ask people to cut the trees down but it
is in the Ordinance and it refers to trees and plantings not
have branches below a certain level .
R . REIMER : The view from the other way there is a hill there ; part of the
road is very hard to see from that side sometimes .
RANDALL : If when you come from the north or go north on Cobb St . there
is a trucker in the neighborhood and when his truck is parked
on his property you can forget the view , you can ' t see . Back
to Dick ' s situation I think if there was someplace to put that
stuff he would , but there is not . He has a creek through his
back yard that the County won ' t do anything about .
DECKER : Is there any feasibility of that thing going underground so
you could overpass that ?
R . REIMER : You could , the culvert is under the road but the County says
it is in the works to change but won ' t change it .
DECKER : That would give you much more property to work with?
R . REEMER : You realize how many times I carted stone , put in there and
it all washed out . The last time I put stones there I was
having radiation treatments and the flood in the fall washed
it out . I have not had it rebuilt again .
DECKER : I wonder , in light of this situation , if we had any way to apply
pressure on the County to work on it ? It ' s the only feasible
thing .
zoning board of appeals public hearing -7- July 23 , 1985
R . REIMER : I would have more room if I could get around back . I have a
tractor and one bucket out front . I have another bucket on
the tractor . There is not enough room to put everything .
RAYMOND : Without a request through the Town Board to County road super-
intendant to get something done .
R . REIMER : They wasted money on the crossroad and made a dangerouse inter-
section . Toward the church the County laid patch and let . it go .
I have a lot of metal there , there is a lot of steel , ; - different
types of stell . Some of it weighs a ton a piece . In my barn
you would not believe the amount of stuff in there .
DECKER : I feel there is the difference here . Things don ' t stay . The
stuff moves ; it is not a continual buildup .
RAYMOND : Is there any opportunity at all for expansion across the road ;
could a neighbor rent you a piece of land?
R . REIMER : There was a place owned by G . Pierson , but . . . now in a home and
can ' t or won ' t sell it and now the barn is '' falling down . There
is stuff in there from old furnaces and different parts ; I wish
I could put it under cover because I do lose a lot . I have piping
for heating and after a time I lose it . A piece of the building
fell out and Ihave not been able to fix it . I now have a horse
trailer sitting there . I do various things . I do plumbing ,
heating , electrical work , welding , fabricating .
RANDALL : I think you should clarify what the trailer is doing there .
R . REIMER : I ' m redoing it . The man can ' t afford a new one . I had to cut
the doors off and fabricate new metal .
ZONING BOARD OF APPEALS PUBLIC HEARING -8- July 23 , 1985
RAYMOND : That is part of your repair business ?
R . REIMER : That ' s part of its I do it on the farm a lots people bring
stuff there to be fixed plus everything else .
RAYMOND : That is your full time business ?
R . REIMER : Since I been laid off . . ; : . . . . I put in for jobs but at 51 years
old they have a pleasant way of saying you ' re under or over
qualified . I have been trying to make ends meet . It was always
a parttime business for over 30 years .
RAYMOND : It is an established business ventures/
HANFORD : I don ' t know anybody over here I would just like to say that I
would not like anyone calling my wife and talking about a problem
and not consulting me and then being hauled before the Board of
Appeals .
WOOD : Mrs . Reimer called me .
HANFORD : I don ' t think I would like some one dealing with my wife . I ' m :
just stating an opinion .
R . REIMER : That was alright , I had her call him . I work 16 hours a day ,
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7 days a week . So she ' s in the house and she can take and call
just as good as I can . It makes no difference if she called or
I called .
RAYMOND : I do want to clarify that the Notice goes to the property owner ;
it goes to someone whoes name is on the property .
R . REIMER : The only gripe I have is having my name in the paper for something
should not - have been . The vehicles may look like junk but are
runable and licensed .
ZONING BOARD OF APPEALS PUBLIC HEARING -9 July 23 , 1985
OFNERs ) Mr . Reimer , it appears at least one vehicle is not registered
and it is posing a hazard as far as seeing on the corner is
concerned .
R . REIMER : No , it is in front of the house supposedly anything there on
north side of house , the road is on the southside of the house
the only reason that vehicle is there is I can ' t afford to drive
two vehicles now . You live on $ 1004150 a month you can ' t
afford 2 vehicles .
RAYMOND : Does anyone else want to make any comments ? If not , we will
close this portion of the Public Hearing and move on to the next .
Violation of the Town of Groton Land Use and Development Code , Section 312
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and Licensing and Regulation of Junkyard Ordinance by ALLEN RAWSON , 179 Hinman Rd . ,
Groton , New York ,
RAYMOND : This case involves large vehicles and other junk . Was this
person given previous notices to clean up?
WOOD : I sent notices and hand delivered notice that if action was not
taken then it would be set up before the Board .
RAYMOND : The notice gives December 28 , 1984 to remove by that date .
DECKER : Since that time have you noticed any changes taking place ?
WOOD : Not that I could notice . The last time I talked to Mrs . Rawson
she said she and her daughter were working at trying to clean
it up . There are several vehicles and two „ buildings .
DECKER : He owns on both sides of the road?
WOOD : Yes . I have not met Mr . Rawson but I thinit, . it is not that easy
of a job .
ZONING BOARD OF APPEALS PUBLIC HEARING 4 0- July 23 , 1985
DECKER : I went by it to look : and it looks like a building has either
fallen down or whether it was caused by a fire .
WOOD : It looks like it is not all there ; neither one .
OFNER : The trucks around there , did they explain whether they were used
on the property?
WOOD : There are 3 on the houseside of the street , the one on the barn
Bide is inoperable , unused . On the other side one is used , one
is for sale and a third is hanging out . On way or another there
are 2 or more vehicles at least that are unused .
OFNER : They indicated that they eould be able to do something about it ?
Either use them or get rid of them?
WOOD : The one is for sale .
OFNER : Do they operate a business that needs the outdoor storage area?
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WOOD : I was not told any such thing . Mr . Reimerdid not indicate to me
there was a business there either . It has „ an appearance of
two buildings that have fallen in upon themselves .
OFNER : They did not explain , other than the fact that one vehicle was
for sale , they did not explain the reason for the material?
WOOD : The explanation was , "yes , my daughter and I are trying to take
the stuff to the dump ' .
OFNER : Did you get the feeling that if some reasonable timetable was
set they would get the place cleaned up?
WOOD : Yes , probably .
DECKER : It has been about two weeks since you talked with her . From
the deadline of December 28 what has happened?
WOOD : The time has just slipped away ; there has been no perceptable
ZONING BOARD OF APPEALS PUBLIC HEARING - 11 - July 23 , 1985
changes made . One thing I stopped doing , after the first round ,
I don ' t take pictures any more . I really did not try to inventory .
When it comes down to it , it is far better for you to see it
yourselves . I have not tried to be sure if things were moved .
DECKER : From December 28 was there any communication made until a few
weeks ago ? We have nothing here showing that there was .
WOOD : No , there was not until it came time to serve this notice .
RAYMOND : You did talk to them when you gave them the November notice ?
What was said then?
WOOD : I don ' t remember .
RAYMOND : Was that agreeable with them? They thought they could do something
about it ?
WOOD : Yes , it seemed they could work it out .
DECKER : It ' s a lot of time since December 28 , some (people don ' t move
unless they are being prodded .
RAYMOND : The main thing in my mind is the indication they intend to do
something .
OFNER : Somehow we are going to have to set a deadline that is enforcible .
They indicated they would like to clean up?
WOOD : I think ' like ' perhaps is a poor word . They were willing .
OFNER : They did not say they would not ?
RAYMOND : I think I would like more information about" what they consider
some stuff in relation to some business .
DECKER : If there is a Mr . Rawson , is it feasible the things could be
moved?
RAYMOND : Was anybody there able to do that type of work? If they were
able was the stuff unable to be moved without heavy equipment?
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ZONING BOARD OF APPEALS PUBLIC HEARING - 12- 1July 23 , 1985
WOOD : Most of it can ' t be moved without a truck . ' I fully expected
them here tonight .
RAYMOND : I thing we will move futher into this . about �,, capability to
clarify the situation .
Violation' 'of the Town of Groton Land Use and Development Code Section
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402 . 2 , by undertaking construction without a zoning permite and N . Y . S . Uniform
Fire Prevention and Building Code by constructing without inspections for Code
Compliance and occupying the structure with a Certificate of Occupancy by
BRIAN LUCEY , 481 Lafayette Road , Groton , New York ,
WOOD : For anyone here who is interested , we at the Town level , have
not much to say about the NYS Fire and Building Code . As of
January , 1984 the State Legislature passedlla socalled Uniform
Fire Prevention and Building Code through out the State of
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New York . It contains several sections inl'general , sections
which cover fire prevention kinds of things pertains to all
who build a house , obtain a mobile home or I�'manufactured home ,
and a building code for new construction . When the State
Legislature enacted this law they made the 'prime responsibility
for enforcing it at the local level . If the locality did not
want to enforce it , the County would enforce it and if they
opted out of enforcing it , it reverted back to the State .
This Town chose to take it on and asked meito become the
enforcement officer . It is a code that sets certain safety
standards for different kinds of occupencie;'s . It is primarily
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ZONING BOARD OF APPEALS PUBLIC HEARING - 13- July 23 , 1985
concerned with public buildings . The building code applies
to concerns of new homes .
LUCEY : I was charged in violation with Building Code . My complaint
is you should have spelled out what I am in' violation of .
You 'can ' t say ' you are in violation of get 'down to specifics .
WOOD : In the first place the NYS Fire Prevention 'and Building Code
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is not something this Board has jurisdiction over . They have
jurisdiction for the Town of Groton Land - 'Use Ordinance . In
the notice it states you violated Section 402 . 2 of that law
which says any new facility more than 100 s''quare fee , a zoning
permit for construction is needed . That ishthe essence of the
charge .
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LUCEY : It was a rebuilding of a structure that been there for over
30 years .
WOOD : The structure as it stands today was not th"e11 re before .
LUCEY : There was a building before the building wa''s rebuilt because
the end of the barn was falling off .
WOOD= You have the essence of the problem .
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LUCEY : I wrote to FHA to be granted a housing loan, from the Federal
government to help rebuild but they sent a farm loan man that
says we will loan you money at 15 per cent{ ' . I said not , I
will get it from Social Services . I live in the end of a
barn . I ' m not going to tear the structure down no matter how
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you want to word it . Clarify what you want{; me to do . I changed
the roofline , I fixed it , I ' m 69 years old too old to go on '
the roof to shovel them . The building was prebuilt to put the
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ZONING BOARD OF APPEALS PUBLIC HEARING 44- July 23 , 1985
end of the barn back on . The original str structure
u ture is from 1904 .
The other structure there was falling down ,,,", I had it propped
upe
the same
RAYMOND : I am trying to understand ; the new structure was built in/place
where the old structure was and the same size ?
LUCEY : Right . °
SMITH : The roofline was changed?
LUCEY : The walls were changed to be stronger to hold up the old barn .
It was built stronger using much of the same material and
accumulation from stuff around the place to make it stronger so
I would not have props against i.t : to = . hold tlhe other building P u .
It sounds complicated . The garage was there , but it had props
against it to hold it up . The base is not attached to the
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other building . The end of the original building fell off .
RAYMOND : This the garage ?
OFNER : The barn wall fell off . I know where the garage is , that is
still in the same place .
LUCEY : Right , only the roofline is changed .
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OFNER : The end of the barn fell off and you rebuilt it up and attached
it to the garage .
LUCEY : I had to take the garage down to nail the end of the barn back
on , then the garage was built in the same palace only changed
the roofline to a steeper pitch. hoping the„ snow would slide
off but it did not . But the garage is still where it was
OFNER : You have no brand new buildings ?
LUCEY : No , the only thing that is new is the roof . !!
ZONING BOARD OF APPEALS PUBLIC HEARING 45- July 23 , 1985
SMITHS Did you tear the old garage down?
LUCEY : I had to . ,
SMITH : It is a new structure?
LUCEY : It is a rebuilt structure .
RAYMOND : It has the same floor space ?
OFNER : It is the same place it was before ?
LUCEY : Exactly .
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HANFORD : If you are going to reside a house , roof needs repair , you take
the wall down before you reside it . That is what he did . When
you are 69 years old need access to garage door . You don ' t need
to be shoveling to get to it . He changed the pitch of the roof
so the snow would go to the side of the barn . Brian does not
have to call an ambulance when there is sixl' inches of snow
because he has to shovel out the garage door . The door is in
the same place , the walls came down and were replaced .
RAYMOND : The garage building , you used it right along before you rebuilt
ir
It ?
LUCEY : I park my truck in it in the winter time . It is close to the
road , don ' t have to reshovel to get out onto the highway . There
was an extension beyond this building that was taken out . When
I put it up originally in 1960 I moved the door so it opend
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out and the snow plow would push the snow against the door so
I could not get out . I put a new addition to get out to shovel
to clean in front of the garage to open the doors .
OFNER : Have you seen the barn? It is about 8 to 10 feet from the
paving of the road . It is an existing non- conforming use .
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ZONING BOARD OF APPEALS PUBLIC HEARING - 16- it July 23 , 1985
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LUCEY : I figured since it was a rebuilt structure why do I need a
I could put
building permit . Under the law/a new roof vrithout a building
permit . I know because years ago I built a shanty on the north
end of the building .
DECKER : Structurally , he did not change the building .
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OFNER : Gary , I am not/familiar with the Code as I should be . Where is .'.
the line on renovating or reconstructing a building that is the
same building and usage . Where does the line come when you have
to have a Building Permit and not have one ? : Is a Building Permit
only for new structures ?
WOOD : Absolutely not . The law here says any construction of any
facility .
OFNERs What degree have to get Building Permit if " replace a back wall
of a house if it rots away? Back wall and 'roof?
WOOD : When you tear it down and rebuild , the rebuilding has to conform
to the Code .
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HANFORD : What is it you want him to do ? n
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RAYMONDs That is what we are trying to figure out .
WOOD : To do what he did he should have had a Building Permit , a Zoning
Permit and a . Variance from the ZBA .
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OFFER : What do we do when we have something that is after the fact ?
RAYMONDs The structure h6w.,° there meets the Building Code ?
WOOD : I have no idea . I have never been in ita but it does not meet
the Land Use Ordinance .
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OFFER : It was a non- conforming structure . I viewed it and talked with
a neighbor who has no communication with Mrll Lucey and he said
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ZONING BOARD OF APPEALS PUBLIC HEARING - 17- Jul 2 1 8
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from his observation the space that i'
t occupies , the
distance
from the road , is the same as the past 14 years that he has
been passing by there . There is some slight alteration to the
walls angle to the building . The original foundation is the
same ; the walls are outside from the original walls .
LUCEY : There is no foundation underneath . It was builtV 'originally
by • • • • • • • • • • • • . . . . The house which was built in 1797 that was
sold in 1801 to Sam Quinton . What was left from the house , they
built the barn . I used it as a cow barn ; now I live in it .
I have to live someplace . They built it onl; the top of the ground .
OFNER : There is no normal footers or foundation?
LUCEY : No . Part of it was felled big trees and laid planks on it .
OF11ER : You got new material , followed the same line , then whatever was
left over used for the building?
LUCEY : Used what was left . What else I needed I got from piles of
scrap in my backyard . I try to have everything under cover .
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To me everything should be neat and tidy . I did put a new roof
because the old roof I could not salvage . I wanted to change
the line so I did not have to shovel it . III''' don ' t know why but
it ' s right there at the barn and house nextlldoor that the snow
dumps . I have to go up on the roof and get l' the ice and snow
offs
RAYMOND : The central question here , what _--we are concerned with seems to
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be whether you had to have a permit in order to make allterations
or rebuild on the main site .
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ZONING BOARD OF APPEALS PUBLIC HEARING - 18- July 23 , 1985
LUCEY : I figured I did not need it ; maybe you figure I do ,
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RAYMOND : It is not what we figure , it is what the law says ,
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HANFORD : If you are going to reside a house and one wall needs to be
replaced you need a permit for that ? Gary (said he did not
believe so . What is the difference if you do all the walls at
once or one at a time . If you make the thing strictly sounder ,
why are we bothering the man?
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RAYMOND : To clarify the Code : no facility inll, any district may
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be moved , rebuilt , removed or enlarged Athout a zoning
permit issued by the Zoning Officersii Ther is no Zoning
permit required for normal maintenanlce and repairs .
That is the law we have to go by .
LUCEY : This was maintenance and repair . II
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RAYMOND * The most recent rebuilding was last year ; that is the
one we are concerned about . It is our problem how this
is to be applied .
HANFORD * He rebuilt the garage which was 25 years old so it
would be safer .
RAYMOND : The original building date means nothing . Would it be
possible , we are talking about afterthe fact , if Gary
looked at the structure and see if illt would meet the
zoning requirements ? �I
WOOD : I can tell you it won ' t from what he !Ilsaid . It does not
a foundation under it and it does no have the required
set back .
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ZONING BOARD OF APPEALS PUBLIC HEARING - 19 l July 23 , 1985
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OFNER : Evidently , part of the replacement Is the same kind
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of building as before in the same place .
RAYMOND : If it is/Aeon- conforming use and rebuilt from the ground
up , the Town Law can deny use .
WOOD : There is no way I can issue a building permit ] it does
not meet the State Law .
DECKER : If he applies for one and he is turned down he can come
before us to apply for a variance .
WOOD : You can ' t variance the State Law .
OFNER : It is a matter of how you looked at °what was done to
the building .
DECKER : We had a non- conforming building as , long as it stood
there but now he has done some maintenance on it . . . . . . .
WOOD : That could be a way out and call it „ ' maintenance ' .
OFNER : I ' m convinced it is not anymore non-iconforming than
before . It is easily the same . Itlhas not been expand_d,d
to a non- conforming area .
WOOD : I ' ll go along with that . 'u
DECKER : It has not changed the looks , they have improved them
if anything . The use has not changed . It sounds to me
to be a safer , better constructed unit .
OF ?ER : On the other hand , he has be go through the same pro -
cedure for a building permit .
SMITH : Does Mr . Lucey have to make application for a building
permit , be refused , then come to us?,l
i't
III
ZONING BOARD OF APPEALS PUBLIC HEARING - 20 - July 23 , 1985
III
WOOD : In this case I filed the complaint against him , that is
why it came to you this time .
OFNER : Some way or another we recognize some review is required
above your level . ( zoning Officer )
LUCEY : When I originally constructed the building there was no
highway there . In my abstract the County or Town have
never taken steps to it .
OFNER : By law , in the job he has , Mr . Wood , !,', if he sees something
that appears to him inrnncompliancel'with the Ordinance ,
he has to go throught certain procedures . One procedure
is to notify you that you need a permit to do that kind
11
of work . He can ' t do anymore or less := than that . He
comes to us and says " Mr . Lucey did ;lnot respond , you
figure it out ' We are not saying he'i is wrong , he has
to do this . He is not mad��� at you personally ; but we
have to come to some reasonable solutions We have to
decide if we thing you created a hazard to traffic that
was not there before , we have to do 'lone kind of thing .
If you had something that did not fll � the standards
hefore you repaired it or still does!' not after you
repair it , we may say you did not do, anything any worse
than before but also Mr . Wood did what he had to do
l
for his job . Some people might do something more drastic
and he weld have to see that they conform to the standards .
We will have to come to some kind ofl' reccomendation
but I donft want you to think Mr . Wood did anything
I�
XONING BOARD OF APPEALS PUBLIC HEARING - 21 - 111 July 23 , 1985
wrong . What he did was what the Town hired him to do .
I think we understand pretty well what you ' situation
is . We require another meeting to make a decision on
what we are going to do . The public is invited to
the meeting . You can talk tonight but you can ' t talk
at the meeting then .
LUCEY : I ' m not going to tear the building dow , no matter what
you sAy,4 , The building is there for a purpose , to
house the truck in the wintertime . The building was
falling down .
wP
L . RAYMOND closed the Hearing at f : 30 p . m . The meeting on the
decision on the above items will be Wednesday , August 219 1985 .
I , MARGARET A . PALMER , DO CERTIFY that at the Public
Hearings for the Zoning Board of Appeals concerning , RICHARD REIMER ,
ALAN RaWSON and BRIAN LUCEY , at the Town ,-- Hall , Town of Groton on
11
Tuesday , Jjily 23 , 1985 , did take the minutes of said hearing and
11
the foregoing is a true andexact copy , to the best of my ability .
I
+
The Town Board t ` " " T ` ° a Town of Groton
o� .,, j s
101 Conger Boulevard
Groton, N . Y . 13073
LEGAL NOTICE
TOWN OF GROTON
riC �TI i5 ii fir�i3Y" U11IEiY , fi:iat a public hearing will be held by the
Board cf Appeals of the Town of Groton at the Town Hall , 101 Conger
Boulevard , Groton, New - York , on the 23rd day of July , 1985 , at 8 :00 P . M .
A fact finding hearing will be held upon writtan complaints of Gary 'flood ,
Code Enforcement Officer of the Town of Groton , charging the following-
violati -:)ns
1) Violation of the Town of Groton Land Use and Development Code , . -Licensing --
Section 3 12 , and
_ 3 g and Regulation of Junkyard Ordinance
by the following landowners by harbouring inoperable vehicles and other junk bye -- -
Allen Rawson , 179 Hinman Road , Groton , N . Y .
Richard Reimer, 850 Cobb Street , Groton , N . Y .
2) Violation of the Town of Groton Land Use & Development Code ,
Section 402 . 2 , by undertaking constxuction without a zoning
permit ; and N . Y . S . [hiform Fire Prevention and Building Code
by constructing without inspections for Code Compliance and
occupying the structure with a Certificate of Occupancy by :
Brian Lucey , 481 Lafayette Road , Groton , N . Y .
All persons interested will be heard . Communications in writing
in relation thereto may be filed with the Board before or at this
hearing ,
Janet Bell , Chairman
Zoning Board of Appeals -
Dated July 16 , 198.5
7 107a3