Loading...
HomeMy WebLinkAbout1987-12-14 :A TOWN OF GROTON ZONING BOARD OF APPEALS Public Hearing , Monday , December 14 , 1987 , 8 : 00 p . m . RONALD and PRISCILLA WEINS , >: variance to Section 353 . 0 (b ) , minimum frontage , on Parcel 221 - 2 -4 located on Locke Road , Town of Groton . BOARD ( *present ) PUBLIC present Lyle Raymond,* Chairman Gary Wood , Zoning Enforcement Nial Smith* Officer David Ofner* Amberrilla Horn , Genoa , NY Mary Decker* Robert Horn , Genoa , NY Ronald & Priscilla Weins , 102 Pleasant St . , Groton Ed Barhite , Locke Rd . , Groton C . B . Jennings , Locke Rd . , Groton LYLE RAYMOND , opened the Public Hearing at '8 : 00 p . m . on application of Ronald and Priscilla Weins of 102 Pleasant St . who want a variance for a lot that is located on the Locke Rd . PLEASE TAKE NOTICE , that the Zoning Board of Appeals of the Town of Groton , County of Tompkins , State of New York , will hold a public hearing at the Town Hall , 101 Conger Boulevard , Groton , New York , on Monday , December 14 , 1987 @ 8 : 00 PM for the purpose of considering the application of RONALD and PRISCILLA WEINS of 102 Pleasant Street , Groton for a variance to Section 353 . 1 ( b ) , minimum frontage , on Parcel 221 - 2 -4 located on Locke Road , All interested persons will be heard . Lyle Raymond , Chairman Board of Appeals Dated : November 30 , 1987 RAYMOND : I have a letter from Mr . and Mrs . Weins regarding the application for variance dated November 9 , 1987 : "This permit and variance application are being submitted to your Board for the sole purpose of determining if a variance will be granted before we purchase the land involved . Obviously the land has a totaly different value to the Horns if it is not an approved building lot as well as being of no value to us for our purposes . Assuming approval as a building lot , once our plans . are drawn we would expect to submit another building permit application , without the need for a variance , at that time . " There is a statement here filled out by the Weins which indicates the variance is for existing road frontage on .Route 38 which is less than 200 feet required . The frontage , according to the statement , is approximately 117 feet on the present lot . Gary , would you state what your findings are in this case . ' 7 it I ZONINGS"BOARD OF APPEALS - 2 - December 14 , 1987 ' Weins WOOD : Based on what you just pointed out to me , I stand corrected . We have had much confusion in the past with what we are 'Igoing to do with non- conforming lots of record prior to enactment of the Zoning Laws . Based on what you pointed out , thelwWeins do not " require a variance . RAYMOND : Mr . and Mrs . Weins would you like to indicate your statement on this ? R . WEINS : The reason we submitted the application for a variance we were under the impression you needed 200 foot road frontage . RAYMOND ** Mr . and Mrs . Horn would you care to make a statement ? A . HORN : No statement at this time . RAYMOND : Would anyone else wish to make a statement ? JENNINGS : In 1947 I purchased that whole section down through there from Allen Beach . C . B . Corwin drew a map which is recorded in the County . I had two 80 foot lots which the Joneses purchased Ardito and Carlton Ta;lbote and I do not agree with your frontage footage , whatsoever . Would you like to " see the map ? RAYMOND : Yes , we would . JENNINGS : Mrs . Jones told me that she thought there was 112 foot frontage . RAYMOND ** We have a statement it is,.n117 feet . JENNINGS : This is the map that Corwin drew , this is his signature, in September of 1947 . This is my property , 112 feet ; the Joneses purchased 2 80 'htic� ge built house 4 footo Ise e were more 88 s ; Ardito purchased one which the Joneses purchased from Ardito ; they also purchased an 80 foot lot from Carlton Talbot ; Bob Hornsowns the corner one which is 75 . 15 . OFNER : ( referring to the map ) This lot is not the same ownership as this lot . JENNINGS : Bob Horn owns the lot on the corner , Murray owns the next lot . He does not own the lots on either side of him . Mrs . Horn ' s daughter is still living on that property . RAYMOND ** Mrs . Horn ' s - property consist's of the 2 . 57 acres ? JENNINGS : Yes , I don ' t know where you get the 112 feet , there is someting here that is wrong . R':r WEINS : I have a map of the Town ' s record as well as the, ownership record . fL RAYMOND : The principle question tonight is whether thesIII in question has existed in its present form since before 1972 when the Zoning Ordinance was enacted . A . HORN : Yes , it has , we bought it in 1958 . RAYMOND : Exactly the same size as it is now? ZONING BOARD OF APPEALS - 3- December 14 , 1987 Weirs I 1 A . HORN : Yes , OFNER : For the record , I ' would like to add another concern , that is if any of the adjacent lots are under the same ownership and apparently they are not . R . HORN : We bought that lot to build on and there was no '' question when we bought it . The frontage law is something that has been changed just recently . RAYMOND : Yes . For the record we should state that what Gary was referring to is that lots that pre-existed before the Ordinance was passed becomes a lot that is grandfathered in . In ,otherwords , the present applications under the Zoning Ordinance do not apply as far as frontage is concerned . You have the required acreage . If it existed before the Zoning Ordinance passed then it can be built on . OFNER : The other condition is as long as the lot does not have continuous frontage with lots of the same ownership . RAYMOND : I think we have all the . information we really need for this application . BARHITE : I would like a clarification on the ;grandfather ' clause you are talking about . RAYMOND : Under the present Zoning Ordinance a lot has to , have 200 foot frontage , at least in the district that is in , Medium Density District : At least a � 200 foot frontage and at least an acre in size , those are the minimum requirements , A lot that does not meet those requirements that was set up , or existed , before the Zoning Ordinance was passed ; in otherwords , when the Ordinance was passed you couldn ' t go back and tell people whose lots were all set up before that that they can ' t do anything to those lots , so any lot that pre -existed the Zoning Ordinance is legal as long as the buildings can be put on the lot and meet the other requirements that are set out . BARHITE : That also holds true with the sale of that lot ? , RAYMOND : Yes , OFNER : If the owner of the lot also owned property next to it and the lot can be enlarged , then the lot would have to be enlarged to meet the requirements . In . this case the owner does not have any more room to go to open up the lot . They are subject to several other conditions added to that . ZONING BOARD OF APPEALS ," -4- December 14 , 1987 Weins RAYMOND : It becomes a non-conforming use . BARHITE : Is it also true if the adjacent lot .is empty ? Mrs . Jones owns it . OFNER : Her lot is in a separate ownership . She cannot be forced to sell so the Horn property meets the 200 foot frontage . You cannot force anybody to sell their property . If the present owner owned the lot next door , that would be a different situation BARHITE : Now you are telling me that 2 dwellings could be built57 in that field ? WOOD : That field is the two lots ? BARHITE : Yes , WOOD : That would be the case . ( reviewing the map ) In fact the lot that belongs to Jones would not meet the Health Department requirements for a building lot . That is a separate issue . RAYMOND : A lot that pre =dates the Zoning Ordinance , as long as you can build on it by meeting the other requirements for set back and so forth and meet the Health Department ' s requirements for sewage and water , but with a shortage of frontage , can be a building lot . BARHITE : Why would not Mrs . Jones �'Alot meet that requirement ? WOOD : The Health Department requires that a 150 foot circle be drawn in the lot for sewer . That lot is only 80 foot wide . BARHITE: This other lot is only 117 feet , if we ' re going by your figures . RAYMOND : It widens in the back and consists of land a half acres . BARHITE : Mrs . Jones ' lot is over an acre . OFNER6 The shape of it makes the difference . diameter RAYMOND : If it is laid out so you can ' t draw a 100 foot / circle to get the septic tank and well separated then the Health Department is unlikely to approve it even though the lot has the requisite acreage but is in the shaper, �.of being long and narrow . OFNER : Actually , we don ' t have anything to do with that , you would have to talk with the Health Department on that . BARHITE : So it is the 1Health Department who would tell them where they have to build ; they would have to go back from the road so far to get that 100t.xfoot circle ? RAYMOND : We are not the Health Department , but my understanding is that they have to meet the Health Department requirements for septic tanks and drainage . OFNER : It has to be a circle . You can ' t put a 100 foot circle in a 80 foot wide strip . ` ZONING BOARD OF APPEALS - 5- December 14 , 1987 Weins BARHITE : I understand what ' you are saying . This lot in question is in a triangle form so you could fit the circle in the back of the lot . RAYMOND : Itt.,looks from the map that you will have to move back away from the road a bit to get that circle . That is our interpretation , not an official ruling because we are not the Health Department . JENNINGS : Where do we get the discrepancy between my map and yours ? In otherwords Mrs . Jones is selling them two 80 foot lots as IL understand it . She owns both of those . RAYMOND *04 She is not involved in this . It is Mr . and Mrs ._ Horn that are seling their lot . JENNINGS : I apologize , I did not realize this . Mrs . Jones came over and got the map and told me she had someone interested in her lots . R " WEINS : We approached her and asked her if she would be willing to sell part of that lot to bring our road frontage to 200 feet . RAYMOND : I think we have all the relevant information onjthis to make a dicision . We will be meeting on Tuesday , December 29 , 1987 in the evening to make our decision on this . But I think we already have outlined what we are going to decide . OWNER L m Mr . Jennings , just so you are not too upset , whether it is 75 feet or 117 feet , the size in this case is not a concern . JENNINGS : The only protest thatxI have here is I have a map that shows different frontages from the map that the Weins have . This map is absolutely wrong . RAYMOND : We have the Tax Map that shows that and we realize� Ahe figures are different . JENNINGS : I bought that map , I know what I purchased , it is recorded in Ithaca ; I don ' t know who drew this or where they get these figures . RAYMOND : The Tax Maps are not exact . We will take your map under consideration with our other information . ' I ' ll close this hearing . I , MARGARET A . PALMER , DO CERTIFY that at the public hearing in the matter of a request for variance by RONALD & PRISCILLA WEINS , in and for the Town of Groton , on Monday , December 14 , 1987 , did take the minutes of said hearing and the forgoing isra true and exact copy of said hearing , to the best of my ability . TOWN OF GROTON ZONING BOARD OF APPEALS: p Public Hearing , Monday , December 14 , 1987 , 8 : 30 p . m . EDWARD MILLER , 927 Cobb Street , Town of Groton violation of the Groton Land Use and Development Code , Section 312 , and Licensing and Regulating of Junkyard Ordinance , and section 1242 . 10 of the N . Y . S . Uniform Fire Prevention and Building Code : BOARD ( *present ) PUBLIC present *Lyle Raymond , Chairman Gary Wood ,` Zoning Enforcment *Nial Smith Officeri *David Ofner Robert Williams , 762 Clark St . *Mary Decker Merle Ploss , 12 Peruville Rd . Clarence F . White , Jr . , Peru Rd . Charles Volbrecht , Chipmans Crns Rd . James Jensen , Chipmans Crns Rd . Gene Ploss , 202 Freeville -Groton Rd . Hollis Beckwith , Rt 34B Carl White , 676 Groton Rd . L . RAYMOND , Chairman opened the public hearing by reading the PUblic Notice datedr ,November 30 , 1987 stating the above . I have statement here to EDWARD MILLER dated 11 / 19 / 87 from Gary Wood , Cbde'otEnfvrcement Officer that the following corrective measures should be taken not later than December 9 , 1987 for removal of rubbish and junk under the Sections cited . The folder^ I have here contains photographs of the property !! in question, I assume . G . WOOD : Let me remove the , assumption that those photos attached to the folder apply to this citation . Thej date back to 19841and do not pertain to this hearing and I am not entering them into the record . The two loose photos are to be considered for this citation . E . MILLER : What ' s rubbish ? L . RAYMOND : ( refering to ! the code ) Have you looked at the code ? E . MILLER : No . L . RAYMOND : Section 312 Rubbish and Junk : all yards must be kept free of abandoned , inoperable or unregistered vehicles , discarded applicances and furniture , all forms of rubbish and junk , and disorderly and unsightly piles of building materials except those associated with work in progress . That is what the Groton Ordinance states . Does :that satisfy your question on rubbish ? E . MILLER : Yes , I uess , so . g 'e L . RAYMOND : Would you :like to make any other statment ? E . MILLER : Actually , I `t°have 4 vehicles that are not rel�gistered , two of them N ZONING BOARD OF APPEALS - 2- December 14 , 1987 E . Miller i have been for sale for quite a while . L . RAYMOND : Are those the 2 in front of your garage ? E . MILLER : Yes , one of the others the registration just ran out and I did not renew it . L . RAYMOND : That is one of ' them by the garage ? E . MILLER : No it is out back . It was behind the one in front of the garage then I had the tires blown up and moved it up back . L . RAYMOND : There were 2 '' other vehicles that we observed that looked like they had been there for some time on the right hand side of your lot . E . MILLER : I got a jeep and a wrecker . The jeep is insured and registered . The wrecker is not , I just use it there on the lot . L . RAYMOND : I viewed your lot , and for the record , I ' dilike to state that but for the unregistered vehicles I felt your lot was kept in rather a neat and orderly manner and I wish to commend you for that . Your statement then is you have 4 unregistered vehicles and they are in the state that you described them . Is there anyone else who would like to make a statement on Mr . Miller ' s citation ? DORIS STEWART : I have been down different times wondering how to get Ed ' s junk off my land . ' So far I have had no results . L . RAYMOND : You are entering into the record then that '' some of the materials are on your property and not on his ? D . STEWART : Yes , in the back of the lot . D . OFNER : Do they include the four vehicles wewhave been talking about ? D . STEWART : No , just odds and ends of stuff . D . OFNEI General rubbish . D . STEWART : Yes . D . OFNER : None of the vehicles have been moved into your lot ? D . STEWART : No . D . OFNER : But rubbish has been ? D . STEWART : Yes and T ' d like to build a fences once the Tubb sb& is out of there to stop all that . L . RAYMOND : You have not '' been able to build a fence ? D . STEWART : I can ' t put a fence through there because I can ' t move the stuff . ir "'ZONING BOARD OF APPEALS - 3 . December 14 , 1987 E . Miller L . RAYMOND ** We have had a statement from Mr . Miller and a statement from Mrs . Stewart , if that is the extent of the statements for th(18 hearing then we will close this hearing and we will be considering the information givento us at the meeting on December 29 , 1987 in the evening . You are welcome to come to listen in on the decision . IF n you have any further information to present to the Board you may do so before that evening . I , MARGARET A . PALMER , DO CERTIFY ; that at the public hearing in the matter of a citation for violation of Section 312 of the Groton Land Use and Development Code by EDWARD MILLER , held in and for the Town of Groton on Monday , December 14 , 19879 did take the minutes of said hearing and the foregoing is a true and exact copy of said hearing , to the best of my ability . Ma Bare A . Palmer a T TOWN OF GROTON ZONING BOARD OF APPEALS Public Hearing , 'Monday , December 14 , 1987 , 8 : 30 p . m . MERLE and LOIS PLOSS , 12 Old Peruville Rd . , Town of Groton violation of the Groton Land Use and Development Code , - Section 312 , and Licensing and Regulating of Junkyard Ordinance , and Section 1242 . 10 ,of the N . Y . S . Uniform Fire Prevention andBuilding Code : BOARD ( *present ) PUBLIC present *Lyle Raymond , Chairman Gary Wood , Zoning Enforcement *NIal Smith Officer , David Ofner Robert Williams , 762 Clark St . *Mary Decker Merle Ploss , 12 Peruville Rd . Clarence F . White , Jr . , Peru Rd . Charles Volbrecht , Chipmans Crns James Jensen , Chipmans Crs Rd . Gene Ploss , 202 Freevile-Groton Rd . Hollis Beckwith , Rt 34B Carl White , 676 Groton Rd . L . RAYMOND , Chairman , opened the public hearing by reading the Public Notice dated November 30 , 1987 stating the above violation . There is a notice of violation here sent by the Code Enforcement Officer to MERLE and LOIS PLOSS indicating that corrective measures should be taken no later than December 9 , 1987 for violation of the rubbish and junkyard section . ¢ L . RAYMOND : Is Merle and Lois Ploss here ? Would you like to comment on this violation ? M . PLOSS : When I got that notice , the zoning officer came , down last summer and told me to get rid of the abandoned cars so I did . I put them down by the woods '. But I didn ' t get it6done by the 9th . You mentioned applicances , they were all taken care of by Sunday . L . RAYMOND : We went by on Sunday and thought we observed you moiving them . M : PLOSS : I have a heart problem so I have to wait for my boys to come around and they moved the stuff down in back for me . What was the fire code violation , is that the chimney ? L . RAYMOND : No , that has to do , I think , with general ,materials around the place that could be construed as fire hazards , that is the State Code . Gary would have to explain that to you . The Zoning Ordinance Section 312 is the one we are concerned with . I do wish to say , for myself as chairman of the Board , that I was fayorab-ly impressed as I went by Sunday and noticed you were moving things . I felt that was a positive sign . it 8 ZONING BOARD OF APPEALS -2 - December 14 , 1987 Merle and Lois Ploss M . PLOSS : I have two trucks there ; one I use around on thIl e' farm , a red Chevrolet , now that isn ' t covered by the Ordinance is it ? L . RAYMOND : Do you have vehicles that are unlicensed ? ,I We didn ' t observe any . M : PLOSS : This isn ' t licensed because I just use it on the farm . L . RAYMOND : You are allowed one unlicensed vehicle , if it is a farm vehicle it wouldn ' t matter , if used for farm purposes it is not included . M . PLOSS : I moved all the old ones , unsightly ones , out of the way . I don ' t know who the officer was , but last summer he came around and told me to get them out of sight so I did . He told me the code did not concern farm machinery . M . DECKER : As long as it is usable , and I think we ought to put that term in there , as long ', as it is usable farm machinery . If they are back on the property so they don ' t cause unsightly . . .` . . G . PLOSS : There is more stuff to put back . M . DECKER : As Lyle stated , we saw yesterday that you '�were working at it . M . PLOSS : ( directed to Gary ,'Wood ) You said something about the fire code , I did put up a chimney . G . WOOD P� That is another question . The problem is , as I see it , there is a proliferation of unused and unusable materials lying around the yard bnt. both sides of the house and barn . I counted ,^ at least , 2 blue cars 11 1 house trailer , 2 tractors , 3 truck caps , a stack of l ar, tires , a manure spreader in the front yard , farm machinery on each side of the barn ; all those things , in my judgment , meets the definition of unusable materials . M . PLOSS : We took 2 . 1oads and piled them down in back Sunday 11 L . RAYMOND : When we came by Sunday , Gary , we observed them with the tractor and an old manure spreader removing materials from the site . G . WOODv My inspection was on Saturday . L . RAYMOND : You state you observed unlicensed vehicles , we did not observe any except one truck that they use for farm purposes . Me PLOSS : The brown vehicle ',that sets by the barn is Licensed and insured . The light blue vehicle has been moved down in back . G . PLOSS : Those belonged to my brother- in- law and sister . He has tenants in both sides of the house . There were 3 cars there at one time ZONING BOARD OF APPEALS - 3. December 14 , 1987 Merl and Lois Ploss they have moved 2 of them . They have one car now and that is licensed . Being a tenant , is he allowed an extra car ? He has a car now he is working on . u w G . WOOD : The technical answer to that is no because both the Town Land Use Ordinance and the State Fire and Building Code say that there will be no unlicensed vehicles . None is none regardless of how many dwelling units or families . .', L . RAYMOND : Is there anyone else who would like to speak on the Ploss case ? C . WHITE : How come they told us 2 or 3 years ago you could ! have one unlicensed vehicle on your property ? L . RAYMOND : How about if we bring that up when your case comes upof M . PLOSS : How about if I have a car I am restoring and it is in the garage ? G . WOOD : No problem , it ' s inside . L . RAYMOND : Are there any other statements that you wish to make ? M . PLOSS : Just the fact we are working at it , it is takinglsome time but we are working at it . L . RAYMOND $* We observed that and will take that under consideration . We will close the hearing for Ploss at this time . We will be meeting the 4 evening of December 29 , 1987 to make our decision . You are welcome to come to listen in on the decision . If you have any further information to present to the Board you may do so before that evening . Iq MARGARET A PALMER , A ER DO CERTIFY , that at the public hearing in P g the matter of a citation for violation of Section 312 of the Groton Land Use and Development Code by MERLE & LOIS PLOSS , held in and for the Town of Groton on Monday , December 14 , 1987 ,' did take the minutes of said ,hearing and the foregoing is a true and exact copy of said hearing , to the '„best of my ability . M gar A . Palmer li Y : , TOWN OF GROTON ZONING BOARD OF APPEALS Public Hearing ; Monday , December 14 , 1987 , 80* 30 p . m . CLARENCE and AWAko WHITE , 676 Peru Road , Town of Groton in violation of the Groton Land Use and Development Code , Section 312 and Licensing and Regulating of Junkyard Ordinance , and Section 1242 . 10 of the N . Y . S . Uniform Pr' Fire Prevention and Building Code : BOARD ( *present ) PUBLIC present *Lyle Raymond , Chairman Gary Wood , Zoning Enforcement *Nial Smith Officer *David Ofner Robert Williams , 762 Clark St . *Mary Decker Merl Ploss , 12 Peruville Rd . Clarence F . White , Jr . , Peru Rd . 4l Charles 'Volbrecht , Chipmans Crns James Jensen , Chipmans Crs Rd . Gene Ploss , 202 Freeville -Groton Hollis Beckwith , Rt 34B Carl White , 676 Groton Rd . L . RAYMOND , opened the public hearing by reading the Public Notice dated November 30 , 1987 stating the above violation . I have a statement dated November 19 , 1987 to Clarence and Martha White , Jr . from Gary Wood , Code Enforcement Officer , that the following corrective measures should be taken no later than December 9 , 1987 concerning rubbish and junk and the N . Y . S . Uniform Fire and Building Code violations . Gary , do you wish to state for us what the case was on this . G . WOOD : Let me start out by assuring you that what I have done here is based on my interpretation of the two laws sited .. and that none of this was precipitated by a neighbors ' complaint . I have observed what I believe to be items in conirdiction to these laws . As recently as last Saturday when I made a brief stop , there was a Chevy van , an old delivery van , a school bus , an axle with wheels and miscellaneous materials on the porch and some brush and so forth in piles that I deem in violation of those laws , C . WHITE : That is an old wagon wheel used as an ornament . L . RAYMOND : Mr . White , would you like to comment on the situation ? C . WHITE : Those vehicles you ' are talking about , the schoollbus and the two vans are licensed , I got the registrations with me , L . RAYMOND : We saw two school buses parked near some crates , or vans . C . WHITE : There is a school buse and two vans . L . RAYMOND * And you are saying some of those are licensed ? ZONING BOARD OF APPEALS - 2 - December 14 , 1987 IF Clarence and tWAkvWhite , Jr . C . WHITE : They all are . The 65 Chevy is registered too . L . RAYMOND : We could not '' see that from the road . C . WHITE : We had..problems with people helping themselves to our gas . L . RAYMOND : It appears from the road that those vehicles were not being used very much with all those pallets built up around them . C . WHITE : We use them for wood . L . RAYMOND : The way you have them piled up there makes lit look like the vehicles are not being used much . C . WHITE : They are all registered . D . OFNER : You have the registrations with you? CoIF F WHITE : Yes . ***. The Board reviewed the registrations presented by Mr . White*},* 73 International , 75 Suburban , Chevy 2 door and a van , all appeared legally registered � as farm 'iluse vehicles D . OFNER : These are certified as farm vehicles , do you have a farm ? C . WHITE : Yes . Another matter , you have Martha1�, s name on '' there and we haven ' t been married for two years . Go WOOD : The names were taken off the tax froms . *******L . RAYMOND : *We will remove her name from the citation . Do you have anything else to say in this case ? C . WHITE : Just about the pallets , we use them for firewood . D . OFNER : I have a question . Mr . White , about your farm vehicles , when did you last use your farm vehicles ? C . WHITE : goes . . . Ds OFNER : You have 4 farm vehicles , right ? C . WHITE : Yes . D . OFNER : You use the 4 vehicles on your 4 acre farm ? j C . WHITE : Right now they are just sitting there . L . RAYMOND * Unless someone else has a statement on thelliClarence White case , w will close the hearing . We will be meeting the ''evening of December 29 , 1987 to make our decision . you are welcome to come to listen in on the decision . Ifyou have any further information to present to the Board you may do so before that evening . I , MARGARET As PALMER , DO CERTIFY , that at the public hearing in the matter of a citation for violation of Section 312 of the Groton Land Use and Development Code by CLARENCE WHITE held in and for the Town of Groton , Monday , L.i�gl ,3, JSt4 December 14 , 1987 did take the minutes of said hearing and , the for going is a true and exact copy of said hearing , to the best my ability Margaret . Palmer li II p 4 TOWN OF GROTON ZONING BOARD OF APPEALS Public Hearing , .Monday , December 149 1987 ; 8 : 30 p . m . SANDY WILCOX , 20 Sharpsteen !', Rd . , Town of Groton in violation of the Groton Land Use and Development Code , Section 312 and Licensing and Regulating of Junkyard Ordinance , and Section 1242olO of the N . Y . S . Uniform Fire ^ Prevention and Buildin Code : BOARD ( *present ) PUBLIC present *Lyle Raymond , Chairman Gary Wood , Zoning Enforcement *Nial SMith Officer *David Ofner Robert Williams , 762 Clark St . *Mary Decker Merle Ploss , 12 Peruville Rd . Clarence F . White , Jr . Peru Rd . Charles Volbrecht , Chipmans Crnrs James Jensen , Chipmans Crns Rd . Gene Ploss , 202 Freeville -Groton Hollis Beckwith , Rt 34B Carl White , 676 Groton Rd . L . RAYMOND , Chairman , opened the public hearing by reading the Public Notice dated November 30 , 1987 stating the above violation . I have a letter here to SANDY WILCOX dated October 20 , 1987 indicating that she had been sent a letter in September , 1987 , asking for cooperation and compliance with the Town Ordinance and the N . Y . S . Fire and Building Code and that the time of compliance had passed and she was given an extension to the 16th of November , 1987 to comply with the citation of rubbish and junk vehicle removal and materials in the yard of Mrs . Wilcox . ' G . WOOD : In this case when „we � f"i st./�kcited that property there were approximately a dozen unlicensed or registered vehicles ; as of Saturday that was dow to 2 . One of which I was told was going out that afternoon . Perhaps you know whether it did or not . L . RAYMOND : There was one covered with a tarp on Sunday that we saw . G . WOOD : So they are down to one and most of the other material on the property was removed . Mrs . Wilcox also tells me she is leaving town the middle of January, . ;� L . RAYMOND $* That correspondends with the information we have heres . Is there anyone else here :who eants to comment on Mrs . Wilcox ' s case ? We will close the hearing on this and we will inform here that we will be making the decision on the evening of December 29 , 1987 . I , MARGARET A . PALMER , DO CERTIFY , that at the public hearing in the matter of a citation for violation of Section 312 of the Groton Land Juse and Development Code by SANDY WILCOX held in and ,for the Town of Groton on Monday December 14 , 1987 did take the minutes of said' hearing and the foregoing is a true and act copy to the best of my ability . ����� 1 TOWN OF GROTON ZONING BOARD OF APPEALS Public Heaftng , Monday , December 14 , 1987 ; 8 : 30 p . m . MRS . EDWARD TRINKLE , 590 Stevens Rdr . , . Town of Groton in violation of the Groton Land Use and Development Code , Section 312 and Licensing and Regulating of Junkyard Ordinance , and Section 1242 . 10 of the . N . Y . S . Uniform Fire Prevention and Building Code : BOARD ( *present ) PUBLIC present *Lyle Raymond , Chairman Gary Wood , Zoning Enforcement *Nial Smith Officer *David Ofner Robert Williams , 762 Clark St . *Mary Decker Merle Ploss , 12 Peruville Rd . Clarence F . White , Jr . Peru Rd . Charles Volbrecht , Chipmans Crns James Jensen , Chipmans Crnrs Gene Ploss , 202 Freeville -Groton Hollis Beckwith , Rt 34B Carl White , 676 Groton Rd . L . RAYMOND , Chairman , opened the Public Hearing by reading the Public :I .Notice dated November 30 , 1987 stating the above violation . L . RAYMOND ,* We have a letter sent to Mrs . Trinkle on October 20 , 1987 stating that on� September 11 she was sent a letter asking for her cooperation in complying with the Groton Land Use Code and NYS Fire and Building Code and that the date for compliance passed and upon reinspection the problem still existed . An extensionpwas given in the letter to the 16th of November before legal action would be requested by the Code Officer . Gary , do you want to make any remarks on this ? G . WOOD : That situation is somewhat of an imigma for us . As you probably know , he up until / airly recent ,-, past that was a model piece of property . Within the last year or so cars have accumulated there , and there is often six or eight in the driveway . As well as some apparently unregistered vehicles behind the garage and out in the hedgerow . It seemed appropriate to say something in the hopes it would be cleaned up and taken care of . As recently as Saturday there were three vehicles in the driveway unregistered and 2 more back behind the hedgerow . I think it is a continuing problem with that property . L . RAYMOND : We so observed that Sunday when we reviewed the property . Is Mrs . Trinkle here or any one speaking for her . ( negative reply ) G . WOOD : I have no additional comments . r� ZONING BOARD OF APPEALS - 2 - December 14 , 1987 Mrs . Edward Trinkle L . RAYMOND : That is the situation as we observed it and theinformation that I.m we have . We will take any further information that we receive into considertion that we receive between now and the ' time we hold the meeting to make the decision on the evening of December 29 . Mrs . Trinkle will receive notice of the decision of that night . With that I will close this hearing . I , MARGARET A . PALMER , DO CERTIFY , that at the public hearing in the matter of a citation for violation of Section 312 of the Groton Land Use and Development Code by MRS . EDWARD TRINKLE held in and for - the Town of Groton , Monday , December 149 1987 did take * the minutes of said hearing and the foregoing is a true and exact copy of said hearing , to the best of my ability . Ma ga A . Palmer C TOWN OF GROTON ZONING BOARD OF APPEALS Public Hearing , Monday , December 14 , 1987 ; 8 : 30 p . m . ROBERT WILLIAMS , 762 Clark St . , Town of Groton in violation of the Groton Land Use and Development Code , Section 312 and Licensing and Regulating of Junkyard Ordinance , and Section 1242 . 10 of the N . Y . S . Uniform Fire Prevention and Building Code : BOARD ( *present ) PUBLIC present *Lyle Raymond , Chairman Gary Wood , Zoning Enforcement *Nial Smith Officer *David Ofner Robert Williams , 762 Clark St . *Mary Decker Merle Ploss , 12 Peruville Rd . Clarence F . White , Jr . , Peru Rd . Charles Volbrecht , Chipmans Crns James Jensen , Chipmans Crnrs Rd . Gene Ploss , 202 Freeville -Groton Hollis Beckwith , Rt 34B Carl White , 676 Groton Rd . L . RAYMOND , Chairman , opened the Public Hearing by reading the Public Notice dated November 30 , 1987 stating the above violation. L . RAYMOND : We have in the record a letter that was sent to Mr . Williams , % z . °r several letters , the lastest one dated October 20 , 1987 indicating that Mr . Williams was sent a letter on September115 asking for cooper- ation with compliance with the Town Ordinance and the NYS Fire and Building Code . The date of October 151rwas set for compliance and passed . Reinspection found the problems still existed . A further extension was given until the 16th of November before legal action would be asked for before the Board of Zoning Appeals , G . WOOD : This is a situation that is very difficult to define . It is in a neighborhood as you drive down the road you can observe some rather nice homes and some homes not kept as well and it is an area where the neighborhood could move in the wrong direction . At the time of the citation there were 2 junk cars , 2 unoperable cars as well as miscellaneous material in the front of the home . As of Saturday , there were no longer any unused vehicles and nothing you could define as specific . . . L . RAYMOND ** We also observed this on Sunday . R . WILLIAMS : Could I say something ( showing pictures to the Board ) that is the home on the corner , the next one , the next one , etc . Why am I the only one who got a citation ? They were taken this afternoon at 4 : 00 . ZONING BOARD OF APPEALS - 2 - December 149 1987 Robert Williams H . BECKWITH : Mr . Gary Wood is the Zoning OFficer of the Count , Cortland County , Y , for the State , if he is going to enforce it for one he should enforce it for everybody . In this Village of Groton on Main St . , right here , in this county in this village Hometown Automotive 2 years this Village department cleaned up behind Hometown Automotive and right now they have got 7 cars there right now . L . RAYMOND : Gary is the Code Enforcement Officer for the Town of Groton . H . BECKWITH : Of this state ! L . RAYMOND : He is hired by the Town of Groton to be our Code Enforcement Officer , H . BECKWITH : Why is he living in Cortland then ? L . RAYMOND : Because he does not have to live in the Town to be employed by the Town . D . OFNER : Where do you work , sir ? H . BECKWITH : Right here in Groton . at 674 Peru Rd . I would mention our rights by the 4th Amendment and the 14th Amendment . L . RAYMOND : To go back to the previous statement you made , sir , you mentioned conditions in the Village of Groton , this is a town hearing so I have no knowledge of the Village enforcement . D . OFNER : Actually , the Board , in accordance with the Ordinance , bases it decision of non- conforming acts on nearby or the same zoning districts . What the Ordinance, says we cannot judge one piece of property based upon the fact that there is activity on another piece, of property . L . RAYMOND : That is true ,, but I think it is the right of the citizen to call to the attention of the Code Enforcement Officer to what they consider to be violations and to ask them to be looked at . H . BECKWITH : And he done that . He was cited for 1 or 2 cars and here are 7 sitting right here in the Village . D . OFNER : The point that the Chairman is making is that Mr . Wood is hired by the Town and does not have jurisdiction to make citations in the Village . G . WOOD : To clarify , I am also hired by the Village but that is a different set of regulations . H . BECKWITH : Who made the zoning laws ? ZONING BOARD OF APPEALS - 3- December 14 , 1987 Robert Williams L . RAYMOND : In the village , the Village Board , H . BECKWITH : The Village and the Town . L . RAYMOND : No , the Town is a separate Code . We have a Code here that has nothing to do with the Village . H . BECKWITH : I bring to your attention the 4th Amendment and the 14 Amendment , L . RAYMOND ,* Thank you , sir . H . BECKWITH : You made up the laws . L . RAYMOND : Is there anyone else who wishes to speakA on the Williams case ? R . WILLIAMS : I brought it to his attention before , I wasn ' t able to bring a picture of it it is too far away from my place , there is an open dump where they dump everything in it and he has never done anything about it and neither did the other zoning officer . H . BECKWITH : It is visible from the road . R . WILLIAMS : It is if you have good eyesight , all you have to do is drive down the road and look . I have told him right where it is * there is also a cellar out there full of water with no" roof on it . If that is not a health hazard there is nothing in this town that is . That is within spitting distance from the road . L . RAYMOND : You have brought this to the attention of the official and it should be looked into . R . WILLIAMS : It has been there for 20 years . I have lived there since 58 and I know whats on the road . L . RAYMOND : We are here tonight to discuss your conditions . R . WILLIAMS : Mine is all cleaned up . L . RAYMOND : We observed that yesterday . I would like to say , on behalf of the ZBA , we were favorably impressed that you had removed the cars and when we came by yesterday noticed that . R . WILLIAMS : I had to wait for a tow truck to move the cars . The only thing that sits there now is my Cadillac and that has 'plates on it . L . RAYMOND : Yes , we understand that . Unless there are any further comments we will close the hearing of Robert Williams . We will be meeting on the evening of the 29th of December to make our decision . You are welcome to come to listen in on the decision I , MARGARET A . PALMER , DO CERTIFY that at the public hearing in the matter of a citation for violation of ' Section 312 of the Groton Land Use and Development ,,Code by ROBERT WILLIAMS held in and for the Town of Groton on Monday , December 14 •1987 did take the minutes of said hearing and the foregoing is a true and exact copy of said hearing , to the best of my ability . TOWN OF GROTON ZONING BOARD OF APPEALS Public Hearing , Monday , December 14 , 19879 8 : 30 p . m . JAMES JENSON , 205 Chipmans Corners Rd . , Town of Groton in violation of the Groton Land Use and Development Code , Section 312 and Licensing and Regulating of Junkyard Ordinance , and Section 1242 . 10 of the N . Y . S . Uniform Fire Prevention and Building Code : BOARD ( *present ) PUBLIC present *Lyle Raymond , Chairman Gary Wood , Zoning Enforcement *Nial Smith Officer *David Ofner Robert Williams , 762 Clark St . *Mary Decker Merle Ploss , 12 Peruville Rd . Clarence F . White , Jr . , Peru Rd . Charles Volbrecht , Chipmans Crnrs James Jensen , ` Chipmans Crnrs Rd . Gene Ploss , 202 Freeville -Groton Hollis Beckwith , Rt 34B Carl White , 676 Groton Rd . L . RAYMOND , Chairman , opened the Public Hearing by reading the Public Notice dated November 30 , 1987 stating the above violation . L . RAYMOND : I have here a letter a Xtffdx09tKhwax&* the latest communication to Mr . Jensen dated October 20 , 1987 , it states that Mr . Jensen was sent a letter September 11 asking for his cooperation in complying with the Groton Land Use and Development Code and the NYS Fire and Building Code by October 15 . The date for compliance passed and upon reinspection of the property the problem still existed . Mr . Jensen was given ans extension to the 16th of November 'after which date the Code Enforcement Officer would be forced to gtake legal action . G . WOOD : Here again there has been improvement since the citation . However , as of Saturday when I made my inspection there was a van body on the far side of the barn or garage from the house as well as at least 3 hulks abandoned in the hedgerow behind the garage . Also a ` 0Dpdge r'> power wagon , the status of which I ' m not sure of . D . OFNER : Mr . Wood , you said there have been improvements , are these things new additions or things not improved ? G . WOOD : With the exception of the Dodge , they are things that were there before . D . OFNER : There is one additional vehicle there , then ? ZONING BOARD OF APPEALS - 2 - December 14 , 1987 James Jensen G . WOOD : Yes . J . JENSEN : Where did you find the Dodge power wagon ? G . WOOD : Right in front of the garage . J . JENSEN : did you notice that it had plates on it ? G . WOOD : No , that is why I said I did not know the status of it . J . JENSEN : .There is also a GMC in front of the garage . G . WOOD : The big stake body ? J . JENSEN : That ' s right . I don ' t know whether he has plates on it or not . they don ' t belong to me they belong to . . . . . . . . he is looking for a motor for it . I give him the use of the shop any time he wants it and he just drives it down there and parks it until he gets a motor for it . The van body at the end of the garage is on--, skids and it is movable and filled with car parts . You don ' t want them spread out around the country so I 'put them in the van body . The last I knew , any building that is moveable , it is a building it is not a van body . L . RAYMOND : You are classifying the van body as a building ? J . JENSEN : Yes . L . RAYMOND : Gary also mentioned the 3 bodies out back in the hedgerow? J e, JENSEN : There are two jeep bodies out there , they are 1952 classics . The only other on that is out there is just a roof of a car , the dog runs in and out of it . I had three tractor trailer loads of cars ' 1,JU1". *taken out of there . G . WOOD : This fall , right ? J . JENSEN : Yes , L . RAYMOND : there has been a good faith effort to move stuff out . Would it be possible , the ones you classify as classics , to consolidate them out behind the barn so that they wouldn ' t be just scattered around ? J . JENSEN : I thought they were hidden before the frost took the leaves off the trees . G . WOOD : the end result is that an effort has been expended . L . RAYMOND : Yes , and that is something we take into consideration . Do you wish to make any further statments , Mr . Jensen ? J . JENSEN : Not unless he has something more . .r, a ' ZONING BOARD OF APPEALS , - 3 - December 14 , 1987 James Jensen L . RAYMOND : Does anyone else wishto make a statement ? ( negative reply ) If not , we will close the hearing . We will be meeting on the evening of the 29th of December to make our decision . You are welcome to come to listen in on the decision . I , MARGARET A . PALMER , DO CERTIFY that at the public hearing in the matter of a citation for violation of Section 312 of the Groton Land Use and Development V Code by JAMES JENSEN held in and for the Town of Groton on Mondya , December 14 , 1987 did take the minutes of said hearing and the foregoing is a true and exact copy of said hearing , to the best of my ability . M rga t A . Palmer TOWN OF GROTON ZONING BOARD OF APPEALS Public Hearing , Monday , December 14 , 1987 ; 8 : 30 p . m . CHARLES VOLBRECHT , JR . , 163 Chipmans Corners rd . , town of Groton in violation of the Groton Land Use and Development Code , Section 312 and Licensing and Regulating of Junkyard Ordinance , and Section 1242 . 10 of the N . Y . S . Uniform Fire Prevention .and Building Code : BOARD ( *present ) PUBLIC present *Lyle Raymond , Chairman Gary Wood , Zoning Enforcement *Nial Smith Officer *David Ofner Robert Williams , 762 Clark St . *Mary Decker Merle Ploss , 12 Peruville Rd . Clarence F . White , Jr . , Peru Rd . Charles Volbrecht , Chipmans Crns Rd James Jensen , Chipmans Crnrs Rd . Gene Ploss , 202 Freeville -Groton Hollis Beckwith , Rt 34B- Carl White , 676 Groton Rd . L . RAYMOND , Chairman , opened the Public Heairng `by reading the Public Notice dated November 30 , 1987 stating the above violation . L . RAYMOND : We have in the record here more than one letter , the latest dated October 20 , 1987 to Charles Volbrecht , Jr . stating that on September 15 , 1987 Mr . Volbrecht was sent a letter asking for cooperation in complying with the Land Use Ordinance and the State Building Code . The letter states that the October 15 date for compliance had passed and the problem still existed . Unless the Code Enforcement Officer heard from him by the 16th of November he would be forced to take legal action as necessary . GAry , would you like to state the situation here ? G . WOOD : At the risk of being repititious , when we first addressed this property there were several ( 16 ) cars on the far side of the garage . They are all gone now . There is still scrap metal there . C . VOLBRECHT : That is gone now too . I hired a junk guy out of Cortland to move it , his truck broke down that is why it took him so long to do it . He still has about a quarter of a pick up truck load left . D . OFNER : How do you feel now that all the stuff is gone ? C . VOLBRECHT : I ' m putting my place up for sale this spring . I had already planned on this , the stuff was going anyway . ZONING BOARD OF APPEALS - 2 - December 14 , 1987 Charles Volbrecht , Jr . D . OFNER : You didn ' t think the place would sell until the stuff was gone ? C . VOLBRECHT : I was in business up there for years until , you might say , the laws run me out of town , I got cheaper property in Cayuga County , G . WOOD : I have no further comment . C . VOLBRECHT : I have one question , though . I have a vehicle that sits in my dooryard without a plate on it . It belongs to my son , he took it off the road for the winter . According to Gary ' s rules there I can ' t have it sitting on my property , why ? L . RAYMOND : If you take the strick interpretation of the Code that is what it does say , I think it would be fair to say that given the good faith effort in getting rid of the other vehicles you have on your property , that would be a very strong statement in your favor . C . VOLBRECHT : I think it is really worded wrong the way they have it . I know the time zoning was first enforced in the town I was building wreckers and I had 10 , 12 wreckers there at a time , brand new vehicles , and they told me I couldn ' t have them . You better go back to General Motors and tell them their vehicles are junk even though they were brand new vehicles . The law still reads that way , it really is not right , L . RAYMOND : We are the Zoning Board of Appeals and we are trying to interpret the Zoning Ordinance . The Town Board is the one that passes the Zoning Ordinance and I ' m sure the Town Board would be more than happy if you wanted to get up a petition , or send a letter or whatever you want to do , to the Town Board that you felt that this : �part of the Ordinance slvuld be reworded . That is certainly your right as a citizen of this Town to do that . Unfortunately , we are not the Town Board and we cannot do anythig about it . If there are no further statements in Mr . Volbrecht ' s case I will close the hearing . We will be meeting on the evening of the 29th of December to make our decision . You re welcome to come to listen in on the decision . I , MARGARET A . PALMER , DO CERTIFY that at the public hearing in the matter of a citation for violation of Section 312 of the Groton Land Use and Development Code by CHARLES VOLBRECHT , JR * held in and for the Town of Groton on Monday , December 14 , 1987 did take the minutes of said hearing and the foregoing is a true and exact copy of said hearing , to the best of my ability . l C Marg et A . Palmer i ,. ,; _` TOWN OF GROTON ZONING'I: BOARD IOF. APPEALS Public Hearing , Monday , December 14 , 1987 , 8 : 15 p . m . JAMES and TANYA BRAYTON , variance to Section 352 . 1 ( a ) and ( b ) , minimum lot area and frontage , on Parcel 28 - 1 - 39 . 2 and 39 . 3 on Old Groton road , Town of Groton . BOARD ( *present ) PUBLIC present *Lyle Raymond , Chairman Gary Wood , zoning Enforcement *Nial Smith Officer *David Ofner Tanya Brayton , Groton , NY 'Mary Decker LYLE RAYMOND , opened the Public Hearing at 8 : 15 p . m . on the application of James and Tanya Brayton of 1462 Old Groton Road for a variance for a lot located on Old Groton Roadzby reading the Public Notice : 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 Boulevard , Groton , New York , on Monday , December 14 , 1987 @ 8 : 15 PM for the purpose of considering the application of JAMES and TANYA BRAYTON of 1462 Old Groton road for a variance to Section 352 . 1 ( a ) and ( b ) , minimum lot area and frontage . . All interested persons will be heard . Lyle Raymond , Chairman Board of Appeals Dated : November 30 , 1987 RAYMOND : According to the application Mr . and Mrs . Brayton do not have enough frontage in the right place . They have an undersized lot which existed since 1965 and they will make that lot larger by taking frontage from an adjacent lot of 1 . 95 acres which has a total of 400 foot frontage . The purpose is to add 60 foot to the existing acre lot for a total of 150 foot frontage , which therefore would not meet the 200 foot frontage required by the Zoning Ordinance . G . WOOD : Looking at the map , you will see there is 400 feet of frontage on the one parcel on two roads , then there is another parcel of 90 feet . L . RAYMOND : That is the grandfather lot : G . WOOD : - , Yes , however , as I looked at it the house sits on the one with the 400 foot frontage and the desire is to split that lot so that another residence could be built . And obviously , with 400 feet of frontage you should be able to split it so there is 200 feet for each one . The problem is where the existing home and its driveway are located . To give 200 feet to the new proposed lot would extend over into the 1 ZONING BOARD OF APPEALS . 2 . December 14 , 1987 James and Tanya Brayton driveway . of the existing house . Therefore , they wish to create a lot with less than the 200 feet frontage . L . RAYMOND : The new house is proposed for the west side ? G . WOOD : Yes . T . BRAYTON : ( presenting a surveyor' s map ) This is what the surveyor has done to the >,present , it is not all done . The surveyor said ' he could get 150 feet for the new lot but it would come up to the house . D . OFNER : Where is the house going to be ? T . BRAYTON : To the east of the present house . L . RAYMOND : We noticed there was a hump in the proposed lot . T . BRAYTON : There has been fill put in there . We could put it to the west but the land is too low and it would take too much fill and thei� driveway would come out onto Rt 222 . L . RAYMOND : The main problem on the east is the driveway and the garage ? T . BRAYTON : To get the 200 feet yes , we could go around behind the house and garage for the full acre . L . RAYOND : Could you move the driveway to the other side of the house ? T . BRAYTON : No , the garage is at the- end of the driveway . G . WOOD : As I understand this now , you have an existing non- conforming lot . D . OFNER : With adjacent land under the same ownership . T . BRAYTON : The surveyor said the 150 feet comes very close to the house . Ds OFNER : Actually you need 8 feet for side line setbacks . L . RAYMOND : According to the tax map there is 200 foot of frontage on Rt 222 . T . BRAYTON : The tax map is wrong . G . WOOD : Firstly , the tax map is wrong and secondly , they wish to build to the east of the existing property . T . BRAYTON : At first we did not care whether it was one side or the other . But with the cost of fill for that portion of the lot and bringing in new electric lines , there would be alot more improvements required for that area . L . RAYMOND : So now you are looking for frontage . T . BRAYTON : On the west lot there were too many tings to take care of . It would take less fill on the east side for improving the lot / D . OFNER : So the most you can squeeze out of it is 150 ? L . RAYMOND : And this brings it up to the legal lot line of the house ? T . BRAYTON * We aren ' t quite sure on that . r ' ZONING BOARD OF APPEALS = 3 - December 14 , 1987 James and Tanya Brayton L . RAYMOND : The Ordinance requires 8 feet from the lot line to the house . M . DECKER : 140 feet might be better because it would give the 8 feet for the side distance . L . RAYMOND ** It ' s still quite a bit short of the 200 feet required . Your septic system and well are out back ? T . BRAYTON : Yes . L . RAYMOND ,* The house and garage are too substantial to move ? T . BRAYTON : Yes . G . WOOD : It really does not help them by putting the house to the west because of the access onto Rt 222 . T . BRAYTON : There is also a sluiceway running down through here ( indicating location on map ) . L . RAYMOND : How many feet would you have without moving the garage but building another driveway on the west side of the house to circle around behind the Buse to the garage on the east side ? &xxW&&RxxxTkffxRx ffNtdXt1m r y:>-4**referring to the map*" L . RAYMOND : How much actual frontage is there on Rt 222 ? G . WOOD : 136 feet on Rt 222 . xxxxxxxxxxxxxxxxxx ****discussion looking at the map*** G . WOOD : With the calculations there is a good full 2 acres in the combined area . It would appear that somehowkhoyou are going to �Q :.rmake some adjustments . T . BRAYTON : The surveyor has to come out and look at it again . L . RAYMOND : It appears you have given us all the information you have . We will consider all the information and will be meeting on Tuesday , December 29 in the evening to make our decision on this . If you have further information between now and then you can give it to use You have to keep 8 feet between the property line and the existing dwelling . G . WOOD : You might tell the surveyor that you require the 150 foot diameter circle to meet the Health Department requirements for a septic system . There has to be a 150 foot circle in the usable portion of the lot . T . BRAYTON : If it is too close to the house , can we make a job around in back for the diameter circle ? G . WOOD : As long as there is room for the 150 foot diameter circle in the usable portion of the lot . r ZONIWG: BOARD OF APPEALS - 4- December 14 , 1987 James and Tanya Brayton I , MARGARET A . PALMER , DO CERTIFY that at the public hearing in the matter of a request for a variance by JAMES & TANYA BRAYTON , held in and for the Town of Groton , on Monday , December 14 , 1987 did take the minutes of said hearing and the foregoing is a true and exact copy of said hearing , to the best of my ability . M gar A . Palmer