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HomeMy WebLinkAbout1985-07-23 TOWN OF GROTON 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 me 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 . WOODS 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 . RAYMONDs , You have contacted these people '' concerning this ? ,WOOD :-. I have had two telephone conversations with! Mrs . Reimer indicating these were not unused and abandoned materials . RAYMONDs 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 -3- July 23 , 1985 RAYMONDt In explanation the Town has a Junkyard Ordinance in the Town Laws which indicates if you have !'more than two/Elf8eRsed vehicles on your property you are in violation of the law unless you obtain a junkyard license . RANDALLo I understand what the law is ; what is considered a vehicle , car or u truck? I suggest that whoever - is, making the complaint investigate it more thoroughly . R . REIMERs 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 , iI 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 sayw ' 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 -5- July 23 , 1985 OFNER : The outdoor storage is for articles you uselin 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 ';, ?50 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 IP 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 sametype 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 - cut 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 - 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- intendent 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 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 . REIMERs 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 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 newl'metal . i, u .;'. 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 . REIMERs No , it is in front of the house isupposedly 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 . RAYMONDs Does anyone also 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 and Licensing and Regulation of Junkyard Ordinance by ALLEN RAWSON , 179 Hinman Rd . , Groton , New York . RAYMONDs This case involves large vehicle's and other junk , Was this person given previous notices to clean up ? WOODS I sent notices and hand delivered notice that if action was not taken then it would be set up before the Board . RAYMONDs The notice gives December 28 , 1984 to remove by that date . DECKERt 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 . DECKERS He owns on both sides of the road? WOOD : Yes . I have not met Mr . Rawson but I think:'At is not that easy of a job . i 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 r 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 ? ZONING BOARD OF APPEALS PUBLIC HEARING 4 3 - 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 . WOODi In the first place the NYS Fire Prevention and Building Code 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 square fee , a zoning permit for construction is needed . That is the essence of the charge . LUCEYt It was a rebuilding of a structure that been there for over 30 years . WOODi The structure as it stands today was not there before . LUCEYs There was a building before the building was rebuilt because the end of the barn was fallingioff . WOODi You have the essence of the problem . 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 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 rebuilt to put the ZONING BOARD OF APPEALS PUBLIC HEARING 4 5- July 23 , 1985 SMITH : Did you tear the old garage down? LUCEYi I had to . SMITHt It is a new structure ? LUCEYt It is a rebuilt structure . RAYMONDt It has the same floor space ? OFNERi It is the same place it was before ? LUCEYt Exactly , HANFORDs 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 six 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 it ? LUCEYt 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 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 , k' r 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 . ZONING BOARD OF APPEALS PUBLIC HEARING - 17- July 23 , 1985 from his observation the space that it 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 built originally by 44694446606 . 6609 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 on the top of the ground . OFNER : There is no normal footers or foundation? LUCEYe No . Part of it was felled big trees and laid planks on it . OFNER : 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 . 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 . I don ' t know why but it ' s right there at the barn and , house next door that the snow dumps . I have to go up on the roof and get the ice and snow offs RAYMOND : The central question here , what ,4e are concerned with seems to be whether you had to have a permit in order to make allterations or rebuild on the main site . ZONING BOARD OF APPEALS PUBLIC HEARING - 19 July 23 , 1985 OFNER : Evidently , part of the replacement is the same kind 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 cam come before us to apply for a variance . WOOD : You can ' t variance the State Law , OFNER0 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- conforming than before . It is easily the same . It has not been expandad to a non- conforming area . WOOD : I ' ll go along with that . DECKER : It has not changed the looksp they have improved them if anything . The use has not changed . It sounds to me to be a safer , better constructed unit . OFBiER0 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 us7 XONING BOARD OF APPEALS PUBLIC HEARING - 21 - 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 sayo . 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 fs30 p . m . The meeting on the decision on the above items will be Wednesday , August 21 , 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 Tuesday , Jjtly 23 , 19859 did take the minutes of said hearing and the foregoing is a true andexact copy , to the best of my ability . - f O! C O�� i Cj Or® ti r of Owe 7� The Town Boa 181T rd � ' ` " " * ` � � Town of Groton _ � jo }\ J A s �0 u Iii, 101 "Conger Boulevard Groton, N . Y . 13073 LEGAL NOTICE MWN OF GROTON rlkwllCs 18 hE �• i G14M , that a public hearing will be held by the Board cf Appeals of the Town of Groton at the Town Hal 1 101 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 written complaints of Gary '+food , Code Enforcement Officer of the Town of Groton , charging the following- vio ?ati ins : _ 1) Violation of the Town of Groton Land Use and Development Code , . - -- Section 312 , and Licensing and Regulation of Junkyard Ordinance - - - by the following landowners by harbouring inoperable vehicles -and other junk by : — - - Allen Rawson , 1?9 Hinman Road , Groton , N . Y. Richard . Reimer, 850 Cobb Street , Groton , . N!, Y. 2) Violation of the Town of Groton Land , Use. d: Development Code , Section 402 . 2 , by =dertaking constrLction without ' a zoning permit ; and N . Y . S . Chiform Fire Prevention and Building Code by constricting without inspections for Code Compliance and occupying the structure with ' a Certificate of Occupancy by : Brian Lucey , 481 Lafayette Road , Groton , N . Y. ALI, persons interested will be heard . Communi cations in writing in relation thereto may be filed with the Board before or at this hearing . Janet Bell , Chaiz aan. Zoning Board of Appeals - Dated .* July 16 , 1985 ZONING BOARD OF APPEALS PUBLIC HEARING — 20 — July 23 , 198c 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 inrmncompliance ,rwith the Ordinance , he has to go throught certain procedures . One procedure is to notify you that you need a permit to do that kind of work . He can ' t do anymore or less .= than that . He comes to `; us and says " Mr . Lucey didlnot respond , you figure it out "- We are not saying he is wrong , he has to do this . He is not mad , at you personally = but we have to come to some reasonable solution . We have to decide if we thing you created a hazard to traffic that was not there before , we have to do one kind ' of thing . If you had something that did not flit 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 for his job . Some people might do something more drastiu and he world , have to see that they conform to the standarc We will have to come to some kind of reccomendation but I don ! t want you to think Mr . Wood did anything . ZONING BOARD OF APPEALS PUBLIC HEARING . - 18- July 23 , 1985 LUCEY : I figured ' I did not need it ; maybe you figure I do . RAYMOND : It is not what we figure , it is what the law says . 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 . Tihat 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? RAYMOND : To clarify the Code : no facility in any district may be moved', rebuilt , removed °, or enlarged without a zoning permit issued by the Zoning Officer . Ther is no Zoning permit required for normal ', maintenance and repairs . That is the law we have to go by . LUCEY : This was maintenance and repair . 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 after the fact , if Gary looked at the structure and see if ' t would meet the zoning requirements ? WOOD : I can tell you it won ' t from what he said . It does not: a foundation under it and it does not have the required set back. ZONING BOARD OF APPEALS PUBLIC HEARING - 16 - July 23 , 1985 LUCEY : I figured since it was a rebuilt '� structurs why do I need a I could put building permit . Under the law/a, new roof without 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 . as 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 r only for new structures ? WOOD : Absolutelynot . The law here says any construction of any facility . OFNER : What degree have to get Building Permit ifI'' 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 . HANFORD : What is it you want him to do ? RAYMOND : 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 . OFNER : What do we do when we have something that is after the fact ? RAYMOND : The structure now.. • there meets the Building Code ? TOM I have no idea. I have never been in its but it does not meet the Land Use Ordinance . OFNER : It was a non-conforming structure . I viewed it and talked with a neighbor who has no communication with Mr Lucey and he said . f ZONING BOARD OF APPEALS PUBLIC HEARING - 14- July 23 , 1985 end of the barn back on , The original structure is from 1904 .* The other structure there was falling down , ',' I had it propped upo the same RAYMOND : I am trying to understand ; the nsw structure was built in/place where the old structure was and the same size ? i 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 toimake it stronger so I would not have props against i+. to hold the other building up . It sounds complicated . The garage was there , but it had props against it ` to hold it up . The base is not . attached to the other building . The end of the 'original building fell off . r 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 . 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 place 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 - 12 - July 23 , 1985 WOODt Most of it can ' t be moved without a truck . ; vI fully expected them here tonight . RAYMONDt 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 402 . 2 , by undertaking construction without a zoning permit ; and N . Y . S . Uniform Fire Prevention and Building Code by constructing withoutlinspections for Code Compliance and occupying the structure with a Certificate , of Occupancy by BRIAN LUCEY , 481 Lafayette Road , Groton , New York . WOODt 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 passed , a socalled Uniform IL Fire Prevention and Building Code through out the State of New York . It contains several sections in - general , sections which cover fire prevention kinds of things pertains to all who build ` a house , obtain a mobile home or " manufactured home , and a building ' code for new construction . When the State Legislature enacted this law they made the primeresponsibility for enforcing it at the local level . If the locality did not want to enforce it , the County mould 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 me . to become the enforcement officer . It is a code that sets certain safety standards for different kinds of occupencies . It is primarily f ZONING BOARD OF APPEALS PUBLIC HEARING - 10 - 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 side is inoperable , unused . On the other side one is used , one As 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? WOOD : I was not told any such thing . Mr . Reimer did 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 perceptible i ZONING BOARD OF APPEALS PUBLIC HEARING -8- July 23 , 1985 RAYMOND : That is part of your repair business ? R . REIMERs That ' s part of it ; I do it on the farm a lot ; people bring stuff there to be fixed plus everything else . RAYMONDs That is your full time business ? , R . REIMERs 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 venture . 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 . REIMERs That was alright , I had her call him . I work 16 hours a day , 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 . REIMERs The only gripe I have is having my name in the paper for something ahould � not• , have been . The vehicles may look like junk but are rumble and licensed . s' ,l r ZONING BOARD OF APPEALS PUBLIC HEARING _ (_ July 23 , 1985 T . REIMERi I find myself coming further from the south than from the north into the intersection . OFNERi 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 . REIMERt The view from the other way there is a hill there : part of the road is very hard to see from that side sometimes . RANDALLt 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 . DECKERS 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 . DECKERS That would give gi you much more property to work with? R . RIEM I 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 1 it out . I have not had, it rebuilt again . DECKERr I wonder , in light of this situation , if we had any wayto apply PP Y pressure on the County to work on it ? It ' s the only feasible f thing . f 5 r 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 agiinst 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 -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 . WOOD : ; 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 j 1 all of those things . . RANDALL : I am a neighbor , I g , 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 .