HomeMy WebLinkAbout1985-11-28 r
TOWN OF GROTON
ZONING BOARD OF APPEALS
WHEREAS , Brian Lucey , 481 Lafayette Road , Groton , N . Y . 13073 , has
been notified of being in violation of Section W2 . 2 of the Town of Groton
Land Use and Development Code , by undertaking construction without a
zoning permit and the NYS Fire Prevention and . Building Code by construct-
ing without inspections for Code compliance and occupying the structure
without a Certificate of Occupancy , by the Town of Groton Code Enforcement
Officer on November 28 , 1984 , and May 28 , 1985 , and
WHEREAS , after due notice a public hearing was held by the Board
of Zoning Appeals at 8 : 00 P . M . on July 23 , 1985 , to consider the
reported violation , and
WHEREAS , at said- hearing all those who desired to be heard were
heard and their testimony recorded , and
WHEREAS , all testimony has been carefully considered and the
following facts noted :
1 . The Board of Zoning Appeals does not have jurisdiction for
enforcing the NYS Uniform Fire Prevention and Building Code .
2 . Evidence was presented that a non -conforming structure , which
predates enactment of the Town of Groton Land Use and Develop -
ment Code , was rebuilt and altered .
3 . Rebuilding and altering a non-conforming structure requires
a zoning permit under the Town of Groton Land Use and
Development Code .
NOW , THEREFORE , be it resolved that Brian Lucey is in violation
of Section 402 . 2 of the Town of Groton Land Use and Development Code
by undertaking construction without a zoning permit , therefore the
Board refers this complaint back to the Zoning Officer for processing
through the Town Courts .
The foregoing resolution was submitted by : David Ofner
seconded by : Nial Smith
unanimously adopted by the Board on August 21 , 1985