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Home My WebLink About1984-11-08 TOWN OF GROTON ZONING BOARD OF APPEALS Special Meeting Thursday , November 8 , 1984 BOARDs • (*present ) OTHERS PRESENTs Janet Bell* Gary Wood , Zoning Enforcement Officer David 0£ner* Carl Ferris Lyle Raymond* Edward Miller Nial Smith Edgard and Charlene McKane - Mary Decker Janet Bell opened the Special Meeting of the Groton Zoning Board of Appeals for a decision on the violation of the Groton Land Use and Develop- went Code Section 312 and Licensing and Regulation of Junk Yard Ordinance by EDWARD McKANE , 56 Smith Rdo Groton , New- Yorko Violation being harboring inoperable vehicles and other junk . Minutes of the Public Hearing held October 11 , 1984 were reviewed . BELLs At the Public Hearing Gary says he was working on cleaning it up , As of October 11 , Mr , McKane said it would take two to three weeks to complete , WOODS He has been cleaning it up . I don ' t think he isr:tquite done yet but he is working on it , RAYMONDs It sounds like the statement he made in good faith , Neither Mr , Ofner nor Mr . RAymond visited the property ® BELLs We are basing our decision on the Public Hearing dated October 11 , WOODS There has been additonal improvement , BELLs What I would like to know is what is he going to do with the trailer , He could give them extension after which time , if still in violation , they would go to Court , I don ° t want to say= ' yes , in violations nova since there is some . progress , He has not that much farther to go , EJhat would be a reasonable time for an extension ? WOODS To the end of the year , 1984 , The following resolution was adopted by the Zoning Board of Appeals on November 8 , 1984 concerning the violation of the Groton Land Use and Development Code Section 312 and Licensing and Regulation of Junkyard Ordinance by EDWARD McKANE , 56 Smith Rd , , Groton , New Yorks ZONING BOARD OF APPEALS ; TOWN OF GROTON SPECIAL MEETING FOR DECISION. ON PUBLIC HEARING HELD OCTOBER 11 , 1984 complaint of violation by EDWARD MbKANE , of Groton Land. Use and Development Code and the Licensing and Regulation of Junkyard Ordinance . DATES November 8 , 1984 PRESENTS Janet Bell David Ofner Lyle Raymond - WHEREAS , Gary Wood , Code Enforcement Officer of the Town of Groton has filed a written complaint charge the above named with violation of the Groton Land Use and Development Code Section 312 and Licensing and Regulation of Junkyard Ordinance 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 written complaint , and after hearing all parties appearing to be heard and after viewing the premises and neighborhood concerned findst 1a That Edward McKane is in violation of the Groton Land Use and Development Code and Junkyard Ordinance of the Town of Groton * by harborging inoperable vehicle and other junk on the premises . 2 , That Edward McKane is making attempts to come into compliance . NOWv THEREFORE , BE IT RESOLVED that the above named has been found in violation of the Groton Land Use and Development Code and the Junkyard Ordinance but he is making attempts to comply , the Board will extend the period for compliance to December 31 , 1984 before the complaint is returned to the Code Enforcement Officer for processing through the Town Courts If at that time the Code Enforcement officer determines that Edward McKane is still in violation , the Officer may take it to Court and no further hearing by the Zoning Board of Appeals will be heard . The forgoing resolution was submitted by Lyle Raymond Seconded by Janet Bell and unanimously adopted . TOWN OF GROTON ZONING BOARD OF APPEALS Special Meeting Thursday , November 8 , 1984 BOARD : ( *present ) OTHERS PRESENTS Janet Bell* _ David Ofner* Carl Ferris Lyle Raymond* Edward Miller Nial Smith Edward and Charlene McKane Mary Decker Janet Bell opened the Special Meeting of the Groton Zoning Board of Appeals for a decision on the violation of the Groton Land Use and * Development Code , Section 351 - 1234 S ) and the Mobile Home Ordinance Articles 3 and , 15 by ROBERT TOMPKINS , 890Cobb Street , Groton , New York , Violation being installing a mobile home without obtaining zoning permit , construction permit or certificate of occupancy . Minutes of the Public Hearing held October 11 , 1984 were reviewed , BELLS According to Gary there is . nothing to do except to agree they::. are in violation and give them until the 31st of December so they don ' t have to come back to the Board . After the 31st they will be in violation and Gary can take them to Court , OFNERs Do we have the notice from Gary Wood stating they are in violation ? BELLS Gary gave them a Temporary ; Permit to expire December 31 . OFNER : He obtained a permit , he does not have Certificate of Occupancy , Actually the skirting is what remains to be done , ' Have you had any word from Gary in the past week that anything else had been done ? BELLS No , at the Public Hearing Gary requested that we declare finding him in violation until that time . period that he had given them , OFNER : ' He may ha�rei,put the skirting on and we don ' t want to antagonize anybody . Is there any way we could contact Mr , Wood to find out ? BELLS Gary will be here later , RAYMONDs I don ' t see any sense in siting him if he is doing the revisions , BELLS We notify them and stipulate that they have until - the 310t of December to correct the conditions . If not cleared up by them the Zoning Officer has cause to take to Town Court , ,, . OFNER - : The way I . understand _ it , is he had not applied for a permit , he has now applied for a permit and the permit has an automatic time period for him to complete the actions , so he is within the legal time period , _ A ZONING BOARD OF APPEALS d2 ' November 80 1984 Robert Tompkins BELLs Basically , he should not have been here in the first' place , OFNERs He applied for a permit After the notice was sent to him , The permit allows him to complete tasks by the 31st of December , Gary evidently convinced him to take out a permit and get the details required taken care of , RAYMONDs I am reluctant to take action against a man who has taken out a permit and has been given until December 31 to comply with regulations . Mr . Tompkins is not in violation if the Temporary Permit has not run out , We are setting a precedent that a violation should not be brought before the Board before the permit runs out , BELLs You are saying we ' have no „ jurisdiction until .the permit runs out , OFNERs The object is to enable people to - come into compliance . He came into compliancerhen he obtained the permit which gives him a waiver of three months . So he has a valid document and cannot be sited for. violation , BELLS You are siyring we have no'J usrisdiction because Gary has issued him a Temporary Permit * Soo therefore , we are dismissing the complaint . The complaint was brought prematurely , At the expiration of the Building Permit , if not in compliance , then the Zoning Officer should bring it before °the Board . It was the decision . of the Board to dismiss the complaint against ROBERT TOMPKINS brought by the Zoning Officer for , non�compliance of the Groton Land Use and Development Code Section 351 � 123 ( S ) and the Mobile Home Ordinance Articles 3 and 15 for installing a mobile home without obtaining a zonig permit , construction permit or certificate of occupancy , This decision was . based on the fact that Mr . Tompkins was issued a Temporary Permit to expire December 310 19849 and therefore , he was . in compliance until that date , It was also the decision .of the Board to notify the Zoning Enforcement Officer not to _ preseant a violation of the Code and / or Ordinance ' uniil expiration of "temporary Permits , Respectfully submitted , Margare/A , Palmer