HomeMy WebLinkAbout1990-10-16 1990 l- OttN OF GROTON ZONING BOARD OF f, F' F'EPLS , D . Converse October- 1. 6 ., 1990
file ) and -therefore it says here that it is understood and
agreed that the new home is- to be used as rA two --bedr- oom as
per tel epi ..tong conversation of 25th of September- of 1990 .
f - s*) ny replacement or ex c it z csawa3e disposal
will be clone with -the advice and consent of the Tompkins
County Health Department . I should note here that what they
are tal i•:: :i ng about. here is a double wide mobile home , two
sections moved onto the lot and hooked together . After a
number of di �lscusi. s .i ons , Gary fel. t that: the permit should be
i. =. e. c .cec1 for- this . Do you want any statement at all on this ,
Gary , beyor•id what I have said here ?
G . WOOD : Only that somebody asked that I give a written response to
wat•it_tt happened whi cl-i I have not gotten done-_. . I+ you want I
c= ari tell ,. ou what happened for tl + e record .
L . RAYMOND : I think: tl••ic=tt would suffiC' e .
G . WOOD : lased upon -that same telephone message referred to earlier I
felt that r-lid riot conform to the Town Ordinance so I denied
it and proceeded to wort : with the people to get their
application in so they could be heard tonight , which turned
Out to be rather a tight time frame . Subsequent to that , I
had a visit from George Totman who told me , in no uncertain
terms , that was not the intent of the Ordinance . I argued
ott-ierwi se . Then a few clays later I received another
telephone call from Jack: Fitzgerald with Mrs . Converse in
his- offir... e and he directed me to issue the building permit .
So I reversed myself and issued the building permit . I
Page ..._
'DOWN OF GROTON ZONING BOARD OF APPEALS , D . Conver• se October- 16 199 ()
r
i s =. ued the permit after talking with Lyl ev so he 6:: new ahead
of time that I was going to do that .
L . RAYMOND : T1 ..te only concern I have and I voiced i. t i r..s the earlier
hearing , -that I feel any so called " directives " from Jack
Fitzgerald shOLAId go to the Town Board because I feel that
Gary Wood is respons.> i bl e -to the Towr-i Ftoard and he should be
hear- ing this-, -from the Town Board if there are any directives-,
g(..) i ng ar (-) 1_► nd . Jack- F" :i tzger- ,Al d doe !-" n ' t have any at..tthor- i ty -to
give any dir- ectives to anybody .
We w -i l 1 close the hearing on this- case because the case
was settled before the hearing commenced .
I , MARGARET A . PALMER , DO CERTIFY that in the matter of the
Var- iance Application of DOUGLAS H . CONVERSE of > 9 Davis Rd . Town of Groton
for- a variance to Article III of the Town of Groton Ialobile Home Or- dinance ,
definition of a mobile home , a public hearing was held Tuesday, October 16 ,
1990 at a � 30 p . fn . at 101 Conger.. Blvd , ,, I did take the minutes to said
hear- i. ng and the for- egoing is a true and exact copy of said hearing , to the
best of my ability .
ter_.- ••. _. ._ _...
M . rgar . t A . P finer
Page - 3
J
TOWN OF GROTON
ZONING BOARD OF APPEALS
Tuesday , October 16 , 1990 , 8 : 0l'= Pa tie
RESOLUTION .__FOR ._.VARIANCE __REQUEST ._of _Wayrne _L ,_ __Snvrder . , 1051 _Sov_ocool Hi. 11 __Rd .L __
Town of Variance to Article III of the Mobile Home Law of the Town
of Groton
_.t.o _ set _up _ an _undersize _mob_ ile _.home _on ._.Sharpsteen _Rd _• in _ the _Town _
of Groton :
BOARD PUBLIC PRESENT
*Lyle Raymond , Chairman Gary Wood , Code Enforcement
* Mary Decker Wayne and Robin Snyderq 1051
•s-Davi d O •f ner Sovocool Hill Rd
*Ni al Smith Lucile I c::71 l i ns , 900 Pleasant
I vacancy Vl y Rd
( * present )
WHEREAS , Application Reque <.:Bt for a Variance of Article III of the Town of
Groton Mobile Home Ordinance Filed on September 19 , 1990
AND
WHEREAS , said Application regt_tests a variance to permit
an t..tndersi. M e mobile home
on property owned by WAYI\IE_ S.NYL1ER
located on Shrpsn _ r _ oGrtona . _.. o
AND WHEREAS , all members of the Board present vi eWed the property
AND WHEREAS , after due notice a public hearing was held by the Zoning Board
of Appeals at 8 "..00 .p. m . on _ 10i 161 (:K) to consider the application
AND WHEREAS , at said hearing all those wl... desired t: o be heard were
heard and their testimony recorded ,
!_: age, _ 1.
TOWN OF GR' OTON ZONING HOARD OF APPEAf.._ S RESOLUTION , Snyder October 1. 6 , 199
AND , WHEREAS , all testimony had been carefully considered and the
following facts noted .
1 . A mobile dome is defined was a dwelling unit . A dwelling unit is
a building or structure whose primary use is for the residence of
human occupancy .
A mobile home is also defined as being -transportable .
30 A mobile home requires e40 square feet of -Floor space „
40 A mobile home requires:> -two distinct lengths and widths ,s , one being
121 %S 70 and the other- being 14 >% EEC? „
`, . :In other- sections of the ordinance i t i. s aE5SUmeld -that additions
are commonly part of mobile home dwelling unit f011- yard sizes „
r_a „ Mobile 1-10meS are manufactured with a variety of lengths and widths .
'7 „ There are manufactured additions of vari our , types t: f ict •t can tie
purchased designed specifically for a certain type of mobile home when
you buy i. t .
e . T1•ie ? I:cA may vary said regulations or•• requirements upon the finding
that strict compliance is unreacSonabl e or impossible .
9 The :interpretation and application of the ordinance. shut t be held to
be minimum requirements .
1C) „ The si. .Ze of -the transportable part of the appl i cant ' s mobile home is
12 x 65 f eet as
AND WHEREAS , the following conclusions were noted
1 „ The mobile home is a dwelling unit .
? . A mobile home dwelling unit includes additions as implied by the
ordinance in three places .
:3 „ The mobile _home portion of the dwelling unit is the primary paru .t of
the unit but the mobile home dwelling unit as a whoa e includes all of
the habitable additions on the basis of the common understanding of
what a dwelling unit i
4 „ The -total area of -the mobile home dwelling unit , the transportable and
the non - transportable , is the most reasonable basis for determining
the floor area .
5a This de:5fini •t :ion is compatible with -the definition For calculating the
floor area for non - mobile home dwelling units,
Parse, -
TOWN OF GROTON ZONING BOARD OF" APPEALS RESOLUTION , Snyder• October 16 , 199
a Restricting the length and width of the transportable portion of
the total. mobile !-tome dwelling unit to the dimensions given in the
ordinance is are t_tnre= asonable regUi. cement given the variety o + mobile
home dimensions available that meet the e40 sgUare -feet .
NOWq THEREFORE , HE IT RESOLVED the application (:) .f
Wayne.; _Sn.yderw
for a variation o + Article III of the Town of Groton Mobile Home
Ordinance to allow the installation of an Undersize mobile home
be GRANTED
The foregoing RESOLUTION Was submitted by . ..._ _Nl.(.i,_ _ SMITH
second by . DAV I1D _ OFNER _
Unanimously adopted by the Board on , ,_ _ CICTOBER 1b,_ __ 1990
Page -
r •
TOWN OF GROTON
ZONING BOARD OF APPEALS
Public Hearing , Tuet.n> dayq October 16 , 1990n 8U 00 Pam .
VARIANCE REQUEST _of -..Wavrne __L , _ Sny_der3. _ 1C?51 _SovocoolHill _Rd . _Town _of _Groton
_
Variance to Article III of the Motile Home Law of the Town of Groton to set
up ... an _undersize _mobile _home _on _Sharesteen Rd . i n ._the _Town _of _Groton ! _
BOARD PUBLIC PRESENT
*Lyle Raymond , Chairman Gary Wood , Code Enforcement Officer
* Nary Deckeer Wayne & Robin Snyder , 1 ' 151. Sovocool Hill
*David Ofner Paul. Schneider , POBx '264q Groton
* Ni al Smith Lucile Rollins , 90ke".) Pleasant Valley Rd
( *Present )
Lyle Raymond , Chairman , opened the public hearing with the
reading of the Legal Notice dated
PLEASE TAF--:: E NOTICE that the Zoning Hoard of
Appeals ., Town of Groton , County of Tompkins , State
of New Yor I:: will hold d a p ►..tb .l. i. c hearing in the Town
ifa ]. l , 101 Congei Blvd . , Groton ., NY on Tuesday
October ifs ., 1990 , at. 8e r.) p , m . for the pc_trpose of
considering the application of Wayne L . Snyder- „
iC> 51 Sovocool Hill Rd . -for a variance to Article III
of the Mobile !-come Ordinance of the Town of Groton
in regard -to the denial of a building permit to
set up a mobile_ biome on Sharpsteen Rd . which is non -
conforming in size .
ALL... persons interested will be heard .
Lyle Raymond . Chairman
Le RAYMOND : We have some materials in the file that goes with this . We
have the application under the Mobile Home code of Mr . Wayne
Snyder and this is an application for a variance Linder
Section 31 of the Mobile Home code also Section 405 . 3 of the
Groton Land Use regulations . The property involved where
the mobile home is to be located is 89 Sharpsteen Rd . ,
Groton , New YtarE:: a The purpose of the request is the denial
of a building permit to move and live in a mobile home 12 x
65 with a 12 e % 12 addition . Je.cst: ificat:. ion of the request ,
" the intent Of -the ordi nanr- e for a minimum of 840 scluare
TOWN OF GROTON 7. ONING BOARD OF' APPEALS , W . Snyder October- 16 ., 1990
feet it: rrie ! , the or- dinance does not r- estr- i ct the area to the
original factory built Unit ., denial would create major-
financial !-) ardsh :i. p and loss of U <.- e of the home . " This its
dated 9 / 20 / 1990 and the hearing is tonight on 10 / 1h .
We also hil `✓ e her- e a (-.-- (:) py of a Land C ontr' act between ( Sin
Hor- a residing at Comb St . , Groton , PJew Yarn and Wayne Snyder
and Robin Sherman r- et:" iding at. 1 '� 51. 'Sovocool Hill l=: d . its
.joint tenants with all r- ights of owners hip Herein referred
to as the buyer . What it amot .u-its to is that the lot to
which Mrl . Snyder• wishes to move the mobile home indicates
that he has r- i ghts in that lot . That is the basic intent. of
-this . Pip- oaf of ownership of property on Shar- psteen Rd .
Also there :is a bUnc h of correspondence Isere r• ef erri ng
to this case , in the folder . The main letter here i s a
le -tter from Gary Wood to %John Fit4gerald , Attorney , of
Tompk. in !:, St . ,, Cortland , NY who is the Town Attorney with a
copy to Mr Wayne Snyder of the Town of Groton . In this Gary
e .cpl. ains 'some of the problems of interpretation that he i. 4
having , I am not going to read this whole thi nc1 . Si race
Gary is her- e , when it corr, es his: tur- n , was will as !•, him to
speak on his own behalf here in terms of -the letters .
There is a copy cif -the permit: application dated At..tgt-tst
12 , 1990 :indicating that Mr . Snyder- was denied from Gary
Wood the {'- eason being non •-•• conf or- manc: e with the definition of
a mobile home in the Mobile Home Ordinance in the Town of
Page - ;'
TOWN OF GL OTON ZONING BOARD OF APPEALS ., W . Snyder- October- 16 , 1990
There is a map here :indication the location of the
parcel to whic !-i the mobile home is to be moved . That
doesW t seem to be terribly +r• el evant •torsi grit. becai_i ie -that is
not what this meeting was asked for- . It has nothing to do
with changing lot lines , etc . This has to do with something
el se .
A list of the neighbors who were notified of this
Hear i ng o
t3ary , according to the rules of order , if YOU are
t_ir rserttq you are the one has the next opportt..tnity to make
any statement you woUl d 1 i k% e to on this par• •ti. cul. ar• cased Do
YOU have a statement ?
G . WOOD : In r- espect:. to this particular case before YOU there ar- e a
couple of points I would like to cast into the record e Fi rst
is , I did not initiate the call to the Town Attorney and to
whomever- •t. hat offended your- offense , I t. hi nk: q tjas ics little
bit misdirected . My letter- to the Town Attorney was after I
r- eceived a telephone from and I would like to read into the
rec- or•• d that: message . On tt•ie 11th of September at 11 : 3 !? in
the morning my secretary took: the following message from
John Fitzger- ald in refer- once to Snyder „ " Mobile Home .,
Colleen says ordinance says 12 >: 70 or- 14 :; 60 not in a
mobile home park: under definition stuck- with both criteria
both di me::�nsi ons and square footage . " I am responding to a
directive from the Town Attorney . I am not soliciting his
ad -vice and consent going over yoL.tr head i. n other words .
' c'tge
TOWN OF GROTON ZONING BOARD OF A4= PEAi_ G , W . Snyder October 16 , 1990
L . RAYMOND : I have a question . What right does the Town Attorney have
in giving you directives ?
G . WOOD : We will talk about that a little bit later with your
i nd ►-il gence .
L . RAYMOND : Okay „ I would like to do that .
G . WOOD : With respect to the case you are holding the hearing on this
moment that was what prompted me to write -the letter that I
did write .
L . RAYMOND : Do you want to indicate any of the things from the letter ?
G . WOOD : The essence of thiat letter was there were -two thi nq =s about
that home that did riot meet the requirements . 11ainly , the
size and secondly the fact that at that time I did not have
any approval of the sewage facilities for the new :Lot .
L . RAYMOND : That is riot. part of oi.ar ji.arisdicti. an „ of couu se .
G . WOOD : Granted , but for whatever it is worth , I still do not hiave
that approval at: th•zis point . As far as -the size of the
mobile home is concerned I have -to go , I believe with the
direction that the Town Attorney h-za =_s given Brae , having been
given some direction .
L . RAYMOND : Did it come •t:. hr• or..tgh the Town Board ?
G . WOOD : It did not .
D . OFNER : I wool. d l :i k: e •to get something clear in my mind , Gary . You
said you found a note from the Town Clerk":
G . WOOD : The Town Attorney . My own personal secretary toot•; a . . . Mack
Fitzgerald called my office and I was out , my secretary took.
th•zat message from him .
Page - 4
TOWN OF GROTON 70NING BOARD OF APPEALS , W . Snyder October 16 , 1990
D . OFNER : Did YOU ever find out how the Town Attorney happened to call
YOU .'
G . WOOD : I think the message speaks. for itself if you read it .
L . RAYMOND : You want me to read the letter or do you ?
G . WOOD : I am talking about -the tel. ephone message which I just read
to you . In other words , somebody was so upset over this
care that indi. vidUEtl went to the Town Attorney and said ,
` tell Gary he carC-t do t1 .iisa
The other thing that is germane here is it turned out
that. I made ,K mistake in that I did not k: isow that -the Mobile
home that I issued a permit for Had been removed from the
site acid apparently the home that the Snyders are living in
-there now was installed -there surrepti ourl y without my
k: nowl edge . I don ' t know if any of you have 1 ook- ed at that
lot or not bc.et you ci:.in got see that mobile Home from the
street and I did not ever observe there was no mobile home
back. in there for how ever long the home was Missing I have
no ideal when the replacement was put in I have no idea ; all
I r..: an tell you is somebody was watching and found out that
in 1988 Mr . Empson moved off the mobile home that I had
i sued a permit for originally . I don't k- sow where that
information came from ,, it was riot my knowledge ,
L . RAYMOND : May I i nter• r- upt a moment , then , because ( .' ol 1 een left a
MemorandUuti -for the Board ,
G . WOOD : I l. nota , that is what I arri addressing .
Le RAYMOND : Since you Have the floor wool. d you l i k- e to read this into
'the record then ?
Page - 5
TOWN OF GROTON ZONING BOARD 4.71= APPEALS W . Snyder October- 16 , 1 ' 9Cj
G . WOOD : If YOU Wr-•iul d like , sure . Thi !:> :i s a memor- andUM from Col 1 een
Pierson , Town Clerk: , to the Appeals Board dated October 10 ,
19900
We Have searched -the records on file in the Town
Clerk ' _ office on the following property "
Leon P . Schneider
1051. S (::) vocool. Hill Rd
Parcel # 3 - 1 - 6 . 1
OUr -findings are .
1 ) December 8 , 1979 - Building Permit approved for
a new mobile home . Leon Schneider applied for
per mi t. .
? ) ~Tune 4 , 1. 9e4 - BUi l d :i rIg permit approved to replace
e-Pasting mobile home with a 1. 22 :: 70 mobile. home .
Phil Emprson applied for permit ,
( that is; the one I i sSUed )
:w ) Phil Emp son moved his mobile home off lot in 1986 .
4 ) We have no record of any building permit application
to place another mobile home on this lot after
Mr . Cmpson removed his mobile home .
I , think: tl••ie one other thing that I Woi..ild like to insert. into
-the record in regards to this is that in the New York State
Building Code we have a section that refers to conversion ,
alterations , additions and repair <.5 to exi !=sting buildings ,
In speaking 'to r el oc- at i ons it says , " The provisions of Sub -
chapter B of this Code ( sub - chapter B of this Code is the
Building Code which is riot generally retroactive ) shall
apply to existing buildings as if hereafter erected where a
bc.ii l di ng i. s physically r el ocated . Then it says „ " existing
mobile home shall be exempted from this reclui. rement . "
L . RAYMOND : Yes , I recall you mentioning that to me over the phone .
G . WOOD : I think- that: might be to some i mportanr.. e in yoc.ir
deliberation . That is all that I f•:: riow of this case. .
L . RAYMOND : It appears to me that this information , while i rite,• estirig ,
really is not what -the application for a variance was about
Page - 6
'TOWN OF GROl- C. N ZONING BOARD OF APPEALS , W . Snyder October 16 1. 99 '")
tonight !) whether or riot the mobile home on the existing lot
is legal car riot. I -thi. nk- is a question if i5omeorie wants. to
raise for the Zoning Board of Appeals to deal with , fine ,
but no application has been given to Us:, to deal with that
question . What was are dealing with is the question of
locating a home on a new lot . Where that home comes from ,
Personally , I could care l e5s . That is really wheat we are
being asked t. o do and meet the requirements for putting a
rnobi l e home on there . I think- theres is a separate case
here. . Alright , fine , this is background information but I
don ' t lonow whatever here , Although this is a hearing , never
the less , I WOUl d ask: the other members of the Board if they
feel the way I do about that. .
D . OFtVER : 'That doer: n ' seem to be what we are ash:: ed to cor•-isider . It
could be something asb. ed for at another time .
L . RAYMOND : Right , what I yam trying to lay to rest , here , is when vie go
on with this hearing that we are going to deal with what -the
application deals with and not necessarily this ( indicating
memorandum ) unless it can !.-., e demonstrated clearly it I-tas
some affect on the application that was brought before r..is .
'That would be my opinion , before we go ran with the hearing ,
just to Clarify the record . If you agree with me on that
then We will proceed in that matter .
* * * *Board indicated agreement with that clarification # * * -�
L . RAYMOND : We are now -to the point where we asF:: the applicant to mal:: e a
statement in regard to the application .
Page -- '7
TOWN OF GROTON ZONINGI BOARD OF APPEALS , W . Snyder October 16 , 1990
We SNYDER : Just that this is the approved septic system for the trailer_
when :it is moved to Sharps*t. een Rd . ( handing papers to Board )
It is Set up for a two -- bedroom and I have already changed it
to a three - bedroom . I am updating it before it i s put into
the ground Aso there won ' t: be fc.► ture problems down the road ,
So I am goring bigger now , and that is approved .
L . RAYMOND : By the Health Department ?
W . SNYDER : Right .
R . SNYDER : We don ' t plan on , for the rest of our lives. , living in a
two - bedroom trailer . We 1"ia 've already started to add - on to
our home . We have four children . We do intend on keep
adding on to our home . My husband is a contractor , It is
not something we intended but right now just the cost: of us
moving and Setting up on Our land is So outrageous , trying
to develop Our land . . . we are j ►..► St a family trying to make a
coo of it .
W . SNYDER : Sometimes it is :impossible to meet , with all the laws and
r' egul at'. i. on !.--, . That why we are aslci ng you to make the
decision on our behalf ,
L . RAYMOND : You indicated in your application you felt you were meeting
the intent of the Ordinance for the 840 square feet with -the
mobile home PI US the projected addition YOU are going to put
W . SNYDER : Yes , the addition is already on . It is al. ready built where
:i. t is now , as 1. 2 x 1. 2 thatt:. I built .
L . RAYMOND : So you are going to move that physically or are you going to
rebuild another when you move the -trailer '?
Rage - 8
TOWN OF GROTON ZONING BOARD OF APPEALS , W . Snyder October 16 , 1990
R , SNYDER : It is screwed onto the trailer so we built it with the
:intent that- we could move i. t . We knew we weren ' t going to
be on the lot where we are on permanently .
M . DECKER : So everything that is now at 1051 Soy✓ ocool Hill Road will be
transferred to Sharpsteen Rd . ?
We SNYDER : Yes , and it will be sitting 600 -feet off the road . 141y 1. o •t.
is almost 1200 0 foot de:::•sp and I centered it on the lot . You
loole down the driveway you can ' t see nothing from the road .
Re SNYDER : Wayne , has put. Texture 1 - 11 around the trailer now and it is
painted blue and eventually the whole trailer- will be done
that way . So why put Texture 111 around something when yo►..►
1•:: n0w you Fare going to have to tear i t off to add on to it '?
So the front of the trailer- is done because we are not:
touching that part , we will be adding onto the back: side .
W . SNYDER : Our plane, are , because the home is ` paid for , to add on
ano •tl• ier 12 •feet onto the whole length and eventually put
Texture 1. - 11 around the whole Outside and put a peak: roof on
:it , re - i ns ►..► l. ate the ceiling . I have already done
approximately $ 7 , ii00 worth of improvements on it , which has
really nothing to do with thi -.• but I have i l-ISUl ated , I have
rewired , I have plumed it , I have sheet: rock I have done
all that work: and it is; a shame to , just: let it . . . I can ' t
sell it . Nobody else can use it because of the laws and I
Cal-► ' t afford to go and spend $ 1 b , 0 0 for a bigger one at
this time .
P . SCHNEIDER : I would like to say that -the Town did the same thing with
Phi 1 Empson . He was on -that lot before . He was there about
Page _ 9
TOWN OF GROTON ZONING BOARD OF A11F' EALS , W . Snyder October 16 , 1990
two to three years . He bot_ ght three acres off of Hora ' s
R
s :; acres I gt..tess i t. wEI : , moved h :i trailer l.tp there , bt..ti l t
an addition on it , redid the whole outside and pt..tt a roof on
it , pt..tt l.tp a garage and shop areas . ' He built a nice place
there . He doesn ' t Have a lot of debt into it bt..tt then he
did a nice job . When this cot..tple crime to rent the lot. I
tal k: ed to them about it and this was basically their- same
idea then as :i. t is now . "
L . RAYMOND : Is. thei. r trailer that is on there now that you are talking
about . . . t. he trailer before this one , did that meet the 840
sgt..tare foot: requirement ?
G . WOOD : Yes , it did , Lyle .
P . SCHNEIDER : It had an addition on it ,
L . RAYMOND : Without adds t i onr> .
P . SCHNEIDER : It had an addition on it the same as this one does .
M . DECKER : Did it meat the regt_tl. at i ons '?
G . WOOD : As it stood , it fmz- •t the regal at i onb .
N . SMITH : That was a larger trailer , then .
D . OFNER : I don ' t see how that bacl.; ground has any bearing can this ,
L . RAYMOND : I know , the folks are here and they have a right to enter
information into the record .
P . SCHNEIDER : The background bears on it because ° of their intent. . They
moved onto that lot , they bought that trailer , they went
into this whole thing three years ago with the intent . They
purchased the land off Hora ' s . It works out for•• one person ,
the Town okays it , so what is the big problem , I don ' t
t-tnderstand .
Page - 10
TOWN OF GROTON ZONING BOARD OF APPEALS „ W . Snyder- October 16 , 199C.)
L . RAYMOND : l thing: the principle question we are dealing with here is
the one they actually applied for Here and that is how they
will meet the e40 square foot floor area . Essential •1 y that
boils down to the definition of what a mobile home is under
oUr Ordinance . Once we have done -that q whether- it includes
additions or not or whatever , it wilil. 1 then be decided upon
as to how the 840 scluare feet will be calculated . That is
really wliat the wi-tole hearing is about tonight . After we
11
close the hearing we have another one then we will then
adjourn •to ciur own session grid we will get into tiow was can
address that ,, one way or- the other A You will be welcome to
stay and listen in but the hearing part will be done .
11
Whatever YOU have •t. o say now is part of the hearing . Are wc.?
about f i n :i shed irii th the statements ? Gary „ do you have
anything rig more to say ?
G . WOOD : No .
L . RAYMOND : Actually , the application is very simple compared to other
one 's we get in here which can be very complicated . USual l y
vie get into frontage or lot lines , too close to lot line = ,
and there is all 1.:: inds of quest i oni we get into . But this
one is pretty straight -forward in term __ of the application ,
but no so straight forward in terms of deciding l suspect: .
W . SNYDER : l ji_iSt want to say one thing , Where we are now we have to
be off t:. tie lot as soon ais possible because the furl has been
ordered sold ,. We don ' t have a definite time but we do have
to move .
Page :i 1
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TOWN OF GI= OTON
t. 00`dl. NG BOARD OF APPEALS
Public Hear- i ng , *rues•ciay ,, October- 16 , 19190; 8:30 R•` a mn
VARIANCE APPLICATIOhl of _ DOUGLAS H. CONVERSE of 309 Davis Rd . .L __ Town of _
Gr- oton ., _ to__ yary.._ Art i c l e_ III _ of the Town of _ Groton �Mobile_ Home_ Ordinance in
regards to the definition of a _mobile home . ..
BOARD PUBLIC_ Pf tESENT ''
*-l_ •yl e Rw: ay (riond „ Chairman Gary Wood , Code. Enforcement Officer
4- Mary Decl-:: er Wayne and Robin Snyder- „ Sovocool Hill Rd
* David Of ner Lucile Rol l i. nsq ° 90C. Pleasant Vl y Rd
* Ni al Smith
1 vacancy
* pr- e =sent ?
L . Raymond ,, Cl-iai r- mar- opes� ned the pu bj i c F-sear i. ng at 8 : 30 p . m .
by reading the l._ (- real No -t i ce dated a
PLEASE Tp () lt: E NOTICE -that the ;Z. or-ill ing Board of
Appeai sq "!' owe•; of Girotonq ( : e: Ur•; t •y of Tomplo:: inwsq State
of New YoiEle , will hold a pt_tbIic hear- ing at the
Town Hall 1r j Cc; riger• Blvd, Gr•• otc ;n htY are Tuesrr::da %, q
Octob (-� r 16 ,, 199 ��::f at B „ 30 p . rrc . fol� the Pc.; rPOSE-2 of
(::: or; si der- i rjg the apl:fl i C: 8t. i. or-j of Dc ;(_( g l{ as Fla (�onyerse
% ll Davis Rd . for- a vc-Ar- i. ance -to Ar• tii. cle III of the
tlobi l e Home Or• c! i nr_ nce of the Town of (3rot: on in
regard to the derii. al of -the building per- mit to
r> et. ( .( t ; a (rrot) i 1. e l ; c;me that i . non - ( or; formi i ig i n
.:.
ALL PERSONS pr• esent will be hear- d .
Lyle Raymond , Chairman
L . RAYMOND : The application that -they have sent:;; in indicates that the
mobile Home Or• di rsance defined the m'obi. 1 e home as be :i rig on 'L y
a 1. 2 x 7 C) of a 14 :: 60 in size and the pt_( r• po se of the
r- equest +raas to place r� 48 >r 24 <.� eac.- t 'I:i c;ric:t :t home to replacer the
e :( i sti ng st: rur_• tul� e of 14 x 65 rriobi l. 11'e home . The
i USt :i. f i (zzit :i on was to upgr- ade -the living conditions. of the
property and they say their- e ase• e:' (;ian ',y similar homes in they
"!" c.. wn . Witl-; aUt-. going any furthewr• I going ,� � � t F•; i 1-; k: l: <. h a(_( 1 d :i n cl i c a t. e
that:. this case has been r- em,olved . Thic� is the building
permit that was given to the ( onverl�i.nees:5 % i r• d i cat:: i nq per- m i t in
TOWN OF GROTON ZONING BOARD OF APPEAL. S , W . Snyder- October 1. 6 , 1990
D . OFNER : 1: have one question . I don ' t understand Mr . Schneider ' _
relationship to this ?
F . SCHNEIDER : I presently own the land on Sovocool Hill Rd . that their
trailer is on .
L . RAYMOND : If there are no further questions or comments we will close
the hearing .
I , MARGARET A . PALMER , DO CERTIFY that in the matter of the
Variance Application of WAYNE and ROBIN SNYDER of 1 �151 Sovocool. Hill Rd .
Town of Groton for a variance to Article III of the Town of Groton Mobile
Home Ordinance , definition of a mobile home , a public_ hearing was held
TUeSday , October lb „ 199i:> at S i)10) p . m . at 1 (11 Conger Blvd . , I dial take the
minute ..= to said hearing and the foregoing is a true and exact copy of said
hearing „ to the nest of my ability .
M irg ,. r c- 1. 1 Y . Palmer-
Page - 1. ?
. • I ' u
111 �
s 1 ,
Ili
yopoe
d5 -
�ro a� �
I 1
- a -
T ( ti N OF Gfu:OTON
ZO11%1I1' G BOARD OF` APPEALS
TLAesday , October 16 , 1990uy Buu 0r) Pu M .
VARIANCE _REQUEST _of _Wayne
_.. L . _Snyder_ . __ 1U51 Soyocool Ni 11 _Rds_ _Town of Groton _
Variance to Article III of the Mobile Home Law of the Town of Groton to set
up __ an undersize
.__mobile
._home .._on _.Sharpsteen Rd . _ in _ the Town _of �Groton :
BOARD PUBLIC PRESENT
*Lyle 1= a 'y (rtond , Chairman Gary Wood , Code Enforcement Officer
-0- Mary Decl•:: er Wayne & Robin Snyder" , 1051 Sovocool Hill
4- David Of ner Lucile Rollins , 900 Pl. ea scent Valley Rd
* Ni al. Smith
i
1 vacancy
l * present �
L . RAYMOND : Si nc- e thi. s it.: a different: l-: :i. rtd c:tf (aue <.:wt. i on tFi <� n we have had
before , it is a matter of interpretation , I stt_tcl•:: these pieces of p �.:iper
upon the wall , The reason I did was beca (..ese , I went through this Arid tried
't. o f :i gt_tre ot_t 't. all t: l"te questions we (rii ghit. deal with tonight and what: the
ordinance said . What I was thinking of doing wales jotting these down , it
sE? e (neC1 't. (J !rte there t^J (") t..tl C1 be a 1"tt.tlnbF:r !'" of facts 1"1F'r" (=' , C=t 't: .L Least. S or 9 , we
ot..tg !-it to consider in terms of defining a mobile home becal..tSe obviOUsly tine
definition of a mobile 1 iolne is the orie that sett l es the whole thi ng o Once
trJe have done that then i. t i < obvi ot.zs What yot.a are goi ng to consi der f I oor
..:5pac e in regards to area i. cs concerned .
D . OFNER : I really think- we sh (:)uld mak: c a pi. tc. 1-t to the Town Board to
:incorporate mobile homes into whatever" s 't: at fdarclr:s we have in the general
or" di rianc: e because this having two documents . . .
Lo RAYMOND : agree at-id I would suggesit that we do that in a
separate letter from i nr_! i c <nit. i. ng that we considered this . Or vie can do it.
by moti car"r if you want after aar-.:5 have dorie this .
D . OFNER : !--laving two strzriciar ( is is at: the base of our problem . I have
been through this in other. <_area !-> rind everything relating to development is
in one ordinance ice and it is pretty clear . It is a home whether it is made
in one manner. or another , whiether you like it or not.
L . RAYMOND : I don ' t^ have an ;✓ trouble with thatit
* * * * Ni al arid Mary agreed with David and Lyle that a letter
should be addressed to the Town Board in -t. hii G
regard
D . OFNER : That 84tt <esclt_tar e feet i-: ee (rrs to be in ordinances all over the
couri 't. r %, . I have one here fr" orri where I (- a (ne from and the saute nt_tmber pok') s
up
Le RAYMOND : -t• ha 't. ' s interesting . I was talking with the town h:tlannex~
from Madison C: ot..tr'tt 'y yes> ter- day . I �_ cm i- : ed 1"ti m what" they were doi. ng a b 0 U t
mobile home ordinances arid , t"ie said thie town - had a variety of ordinances
TOWN OF GRowr t'iat ZONlNG BOARD OF APPEALS , W . Snyder- October 1. 6 ., 1990
t-=xnr_! some didn ' t t � � �re c� r7y �a1:. �a1 1 . 1: � � l :: ecl him abot_tt f 1 oor- space . I told
him ouim ordinance called •for B41;:t sc} t..tare feet of floor space . He never-
hear- d of such a regulation .
G . WOOD : Thera is some wor- ding in the State building code that might
refer to that .
L . RAYMOND : To get started here , with a general background , I don ' t
think- it is going to affect t_ts -t. hat much , but. I talked with -the County
Assessor , Don Fr- anklin , and asked him how they defined mobile homes in
terms of County assessment because I knew -they t••t ,ad to . He said -they follow
the State Real Property Tax, Law in defining a mobile home . I checked that
law anc.1 it doesn ' t def i n ei a mobile home 'too much chi. f f erer•ttl y than :in our--
ordinance . Just a di f f er• ent play on words , but it is pretty much the same
thing , ' •trartspor• t:. table ' and that k:: ind of stuff . He c-saic4 in terms of -the
County policy is they assess as a mobile home as long as they felt the
transpor- table par- t is aft perm cent or more of the total strt-tctUr- e . I asked
him what they did about additions , He said if the additions become l anger
than the or—i gi nal manuf actur• ed part of the home , they cease calling it a
mobile home and refer -to it as a r- egular house and a =_. guess it accordingly .
I thougl-tt that was interesting background , not that: it has any bear• i ng on
our decision . I also checked wai t: l-t Gary Evans with the County Planning
Board , he indicated he had had t:a :; per i ence with this and as far as mobile
home definitions go it is up to the town with little guidance from the
State and I thi nkc Gary has verified that for us .
The fir s •t thing I wanted to note was the finding of fact
The f i r- st finding of fact that I had here was that 1 ) _ the _mobile _home _ wa _
chef i ned _ as_ a dwe }l l i ng _. Ltrt i t . You wit l 1 •find that i n Art iaa� caa� 1 e III page in
the Mobile Home Ordinance which is what was ar- e stealing with tonight , You
will note i. n the Groton Land Use and Development Code ther- e is zt definition
of a mobile home in that but then you read on and you find by reference it
goes right -tack; to the I' lobi l e Home Or- dinance so it is the Mobile Home
Ordinance that was have to deal with . A dwel li no __Uni t _ i s a _bui 1 di n.g• __or _
otr- L.tct Lot r- e_ whose_ pr� i. sr, atMy_ use_ io_ forn- the residence of _ human _ occt_to _an _c_ y
- - The second finding is also on the Came page , Page 2' , a
mobile home is al so defined as bei. ng _ _tr- anspotr- tabl e . _
The thi rd thin ng in s i t al so r. egt_+ i i� e` ._ 840_ w,QUare f set of f• l oor.
space . That is all pretty straight forward .
The fourth -finding is- it r-egt_.ia_ re `—t_- wo distinct l enoth �.-. and
widths,L _ one_ being _ 1 _ x,; _ 7t }_ and
_• the
._. other _ one
__ .14 _ x _ 60
G . WOOD : Could I interrupt you a minute at this point ? You might:
oU.want: to note that what it really says is ' a minimum (.if I ", >; 7C► r._�r ]. �k ; br:> ' .
L . RAYMOND : I ' ll get to that: a little later . Decat.AS, e ther- e is a clause
:in here that is all inclusive .
The fifth f :in (Jing of fact. which I found very impor- tant ,
C7 •� �teY: _• � eCtl on c_"sf _ thtP_ oi'- ci7,. nnl� C-'"-a as
additions_ crc'_ commonly_ (] a {" to __ .
mobile l e_ home_ dwel l i ng _ un :i tonan" . Note that I am saying "anano` ' an"mobile home dwelling
unit ' I -- amVnot _just saying ' mobi 1 e home . ' They define a mobile home as <_1
dwelling unit , so was are talk: i. ng about a mobile home dwelling unit . It
took:: me a while -to r- eally ge •t my mind focused on that .
We ar• e talking about a dwelling unit . There are three
places in the ordinances, where i. t mentions this . This first one is. one Page
Page ._. y
TOWN OF GROTON ZONING BOARD OF APPEALS , W . Snyder- October IC' ) , 1. 9910
? r:i and the reason I refer to that f i r- st is because that is the section that
deals with mobile horries on single lots . You could disregard 9s:i per cent: of
the gages because they aal. l have to deal with mobile homes, in mobile home
parks except for the sections we are dealing with -tonight for mobile homes
on single lots . Once I discovered that: it was much simpler . On i=' csge ? ! �
i..inder- 1 . e . 1. at. -the bottom it says , ' expandable rooms ., enclosed patios ,
garages , or strUC tUr" al additions , outdoor patios , carports , os� individual
stor- age facilities i.-Jial l be included as part of the mobile home in
determining the yard = ize =.. . What that. , its my opinion , implies these are
considered part of the mobile home , that is why they are in there .
'The second place I •found it refer•• red to was Article III Page
under- Secondary Str- ur_. •turces and :i t. has exactly the same language that I
just read to yoLi , ' „ . , shall 1 be i nc 1 odes! as part of the mobile home in
deter- minirig separ- ation and clear- once ' .
So we have another reference to it and that apparently is in
all lots riot just in parks because there is another part on Page 9 that has
to do with parF : s=: , Section 7 . 7 the last sentence is evar_• tl y the Same
language ' . . . it shall be included as part of the mobile home in determining
separation and clearance in i mobile home parks as asel 1 . ' Sr_i was have the
same thing here for. par- k: s . So if we accept the notion -that the way this
wording in i the ordinance implies that these are very commonly part of a
mobile Morrie , and it very clearly slays -that repeatedly in three places in
•t: he or•• d :i nanr.:: e and riot j uss>t one , -that to race meant:: quite r_s bit .
The ne %lt finding of -fact is that mobile
_.. hiomes_ are
._
rriani_lfactUrsed _ with _ a_ vaiwiet ;!_ of _ l. lengths and _ width � o - We Eintaw that , that is
common k- nowl edge-_ . What I am getting at in our- findings here it will. r- el ate
to orie of our conclusions; in relation to the 1 2 >: 7Ci and 14 x 60 .
Another- thing that I noted that came out of a conversation I
had with Gary Evans... ., it was pointed out to me there ar- e _irianu+ ac: tur_ed. ._:
additions of varioustYPesthatvot..tcanpurchasedc'= i tgs ied _ sDeLi f i cal l 'f._ f cl�: _.
a _ r__ esl- tai. tni _ type_ cif _ mobile_ home_ when _ yc?:,bLliy ._ it . If that is designed
Specifically for. use with that: mobile home then is. that part of the mobile
home or :isn ' t it ?
'The ei ghitii finding of f ac: •t is that the ZBA --rr, ay _ ya.r.y _ said
it Eeq , l ati ons nib: _ s, ecjui rE�ms�isi_: =•_ Upon the
_... f i ndi_ n ,g __ that � =trN ict _ cclmpl ancc= i_ `.._
Unreasonable or _ impossible . That refers to Article XVI II Page 22 'That
was put in there wl •ien thew amended the hlobi 1 e Home Ordinance to give Li <.s
jurisdiction over- it . I think: this is ouru first case on mobile domes . It
says , n . . . unusual. circumstances make strict compliance of any regulation or
requirement of this local law unr- easonable or- i mpos:-. si bl. e , the Zoning Board
of Appeal s may , upon request. , vary the ssai d regu :l ati on or requi. rc-:� ment . ' so
wc.= are given the power- if was thi. nle some regulation is unreasonable to vary
i •t . I •L••. :is impor !:. ant that we have this power- spelled oi_it. .
One last finding of fact is that thie_ i ntpiL p1" etatj.. orl _ and -
a p 1 i cat i c:n of the ordinance Shal l _ be_ held to be _ minimum requi remen •ts ,
That :is. or-, Page ry „ that is general. and applies ^ to ever• yttii ng in the
ordinance . ' Interpr- etati on of Local Law ' It says , ' In their
interpretation of the application . . . ' and in ' their ' I assume they are
refer- ring to the ZBA , ' . . . ttie pr• ovi si ons of this local law shall be held to
be the minimum reclui. rements . ' That eel ates to Gas - y ' s earlier comment , I
think: .
Page - :;
TOWN OF C'ROTON ZONING B (:1 (§ RD OF APPEALS , W .-Snyder October 1 6 ,, 1991)
G . WOOD : Yee , and no , Lyle . In the sense that I wanted to ma }:: e it
clear that in the def i ni t :i on where we are struggling with this 1. 2 x 70
busi nes = , it _. aye , " -the minimum size of a mobile home shall be 1 ^ x 70 . . . "
that word Also appears right there in -the definition .
L . RAYMOND : I know .
G . WOOD : It really doesn ' t say -that the dimensions have to be 12 x 7 '")
or 14 x 60 . It says the ' minimum ' of those dimension: .
L . RAYMOND : It says here that in o ►_tr- i. n terpr- etat i. ons everything should
be mi ni mum . That is-, the :last one I could think: of . As far as the
statement of findings that is what one ]. one person came up with . Any one
have any other f i ndi ngs -they would like -to add up " here ?
G . WOOD : Would it be appropriate to Put i n as a finding of fact what
the actual size of the applicant ' s mobile home i sn?
L . RAYMOND : Yes , I don ' t see why not: . Thn_ i ze of _ th _r-_ _ tiT ansport bl el-
2art _ of _ thhe.. applic_ ajnt ' s_ mobi. 1� 4e home
._ ?- sj_ 21_. ., _ ba _ feet . _
D . OFNER : This brings up something else . You have mobile homes that
have been sold in -the past that are ratl-.ter smal I . 'There is another problem
that relates to this and that is if a person has to move off a lot for one
reason or another and wants to sell his mobile home and get something
bigger , it would be impossible to place it any where in the Town . You
wouldn ' t say that about a pre -- existing house .
L . RAYMOND : How can we state that as a statement of fact ?
D . OFNER : It may f 1 ow out of it here .
L . RAYMOND : If there are no more findings of fact we can get into the
r_ oncl us ons . The first conclusion I had was the obvious one the mobil. e
homP_ was._ a_ dwel ling _ unit . restating the finding of fact .
The second conclusion I got was that a _mobile _h_ome _ dwelling .
unit _ includes additions as_ impl. ied _. by _ the._ ordinance_ itn _ three_ Places that
goes back, to our findings over !sere „
D . OFNER : It appears to me the 84Ct feet would be intended for all the ,
it may not be stated in this town , it is stated and -th-sen when you get to
the specifics ., it is a little odd that these are 84C) square feet but I
doubt that it was ever intended to require that every mobile home had to
fit that configuration .
L . RAYMOND : Irs my opinion that is a separate question , the floor space
and -those particular 1 engthr: and widths . It does appear to me you have to
deal with them piece by piece .
The third conclusion its again an interpretation that flows
out of the reading of the ordinance , partly I have to admit my
interpretation was affected by Don Franklin ' s statement on how the
portion _ cif _ the_ dwelling _ __Rnit _ is _ thg_ primarv__ part e hc_xrrses . ThEI_ mc, l_ s.._ hnmr;�_
assessment department went about looking at mobil
of the unit but the mobile ..
llIroms_ dwc_-.� lling _ unit _ as_ a _ whole_ includes_ all - of _ the _ habitabl. e. addi. tion !_. nn _
Wage - 4
TOWN OF GROTON ZONING BOARD OF APPEALS , W . Sn %. der October :lb , 1990
the _ basi of the commonUndesning _ ha dwelling unit As Don_ r000.
Franklin said in the County assessment once the other part became dominant
and became bi gger t. hcin -the manuf ac_. t ► red part they di. do 7 t con si der it a
mobile home but: a regular home .
D . OFNER : I don ' t see wt-r `, we have to be concerned whether it is a
primary part or secondary part ?
L . RAYMOND : What I am leading ►_► p to here is the conclusion to base
whatever decision we mal:: e on the 840 square foot floor- space on . I wanted
to make sure this was laid down in terms that would be unmistakable and how
we arrived at that. decision . I don " t think:: we car, j ►_► mp one way or the
other without going through these steps " Maybe I " m wrong .
M . DECKER : Put it down .
L . RAYMOND : The four t. h cc) ncl. usi on 'to come out of that is the total area
of _ the_ mobile_ home
_. dwiel l i ng _ uni 't .% _ tl7e_ tr �anspo`- tabl e- and the nonce _ _ _ _.. _.. _. _ __. ._ __ _
tipansL-,) ortshie_._ i .`:=..... t. he--. most. _.. reasonable.._. basi. `%_. for- _ deter (nininc3 _ thc�..._ floo �: area .
..
I. also wanted to point out , maybe it isn ' t necessary , that t _this
and this i. s a point you made , David , is s _ compatible. _•_ wi t: h __. the__. definition00000 cif
._.
the_ floor- area for non -- mobile home dw_el_ l i. n_ q -_ uni ts . It is the same you
would calc. ulat•_ e for ~ any house . Do you want.: that in there as a conclusion ?
D . OFNER : It i. s are i nt. er- preta •ti. or-s and we (nay need that .
L . RAYMOND : One last conclusion is ai.-., o ►_► t the :I. enclth <s and widths
000
mentioned in the ordinance . I came ►_► p with restricting i _th.e length _ and _
width _ of _ the.._ t ►ransport �.•able-_ poiltion _ of _ the_ tLtal *0000 mob 0*666 ile_ home_ dwelliin momloa unit _
tcz _ the_.. dimensions
._. giyen ... i . n the
_.. Ordinancme..... ie_ an ..._ unl� easonabl e reggiremetit. _...
giventh variety of m0000,obile home _.. di dimensions ons_ avail available that meet the_.. 84 _�_ e _ f _ _..
sq ►ucare.._ feet _. We have the right to declare this thing unreasonable because
we are given the power in the ordinance to determine if it is unreasonable ,
Personally , I yam prepared -to say it is unreasonable .
e .
D . OFNER : I •t may beg with all clue respect to -the authors of this
ordinance , they :intended the dimensions to be examples of sizes . Both
those sizes equal 1340 square feet but they (nay have been the only examples
available at that time .
L . RAYMOND : Is that all we want to say or r_lo we want to add to that ?
What it amounts to then is we are agreeing to give them the variance and we
are also saying at the same time no one else needs to come to ►..is with an
application for a variance because we have declared this i s going to be the
c: a �:, e . This shoc.cld be the last case for this kind " of application .
D . OFNER .w I would tend not to agree with you on that last statement .
I think should ask: that. •t. hose examples should be eliminated . In any case
just because we approve a variance doesn ' t dive the Code Enforcement
Officer the power to change his actions . He i. s stuck with allnat is in tF7c=_
ordinance and he has to say ' yes ' or ' no " .
G . WOOD : You are giving me an interpretation now and I. can live with
that. interpretation .
Page -
TOWN OF GF OTON ZONING BOARD OF APPEALS , W . Snyder Octobe" r 16 , 1990
L . RAYMOND : We are giving this to him to go by now . We have the right
to do that . It says so .
D . OFNER : We have the right to grant a variance on :it but do we have
the right to allow the Code Enforcement Officer to vc:try . . . remember people
come to us and say ' youlet so and so do it , you should let us do i t ' .
L . RAYMOND : It says we have the right to vary regulations and
rerl ►. i rements . . .
D . OFNER : On a hearing .
L . RAYMOND : Yeah .
D . OFNER : But we don ' t have the power to gives him an automatiC power
•to vary it on his own .
L . RAYMOND : This is case law . This is how common law is developed .
M . DECKER : I ' m not t-:: ►_► re I agree with that .
L . RAYMOND : Gary is going to go by this because this is how all common
law goes by . They go back -to see flow all -the decisions of the courts have
been and that is what they go by . Look in your zoning books and see the
citations of the cakes they cite .
D . OFNER : They were taken to court .
L . RAYMOND : We are a Court too .
D . OFNER : No .
L . RAYMOND : Absolutely , yes we are .
D . OFNERn. 14: we do -this and maF:: e an error* we are not stuck with it .
If we come to a conclusion and we find out later that really we were doing
the wrong thing , we are never bound by one approval to make it a blanket
law .
L . RAYMOND : No , sure , no , we can vary the th :i ng y the Courts do it all
-t he time . What the court decisions are now and then a new court decision
comes along and changes the previous court decision .
D . OFNER : We are not a Court .
L . RAYMOND : Yes , we are . Look in that boob:: c:7f '' Zoning Appeals Board . . „
G . WOOD : This is out of the Zoning Law , " an appeal may also be made
from the :interpretation of the language of the Land Use I;egul at i on '= when
the appellant disputes the interpretation made by, the zoning officer . The
determination of the Board of Zoning Appeals establishes the interpretation
of the: di sp ►..► ted language where e ever it may apply . , , So you certainly have
the right and -the power to give me direction in the form of interpretation ,
Page - 6
'TOWN OF GROTON ZONING BOARD OF APPEA1.... Sq W . Snyder- October- 416 „ 1. 99c.)
D . OFNER : I ' d have to loot:: at that .
G . WOOD : Section 441 .
D . OFNER : I thing: that r- efers to each individual case .
G . WOOD : David has a point , maybe that is what the var i anc (e has to be
for- , riot an appeal but + or• an inter• pr.• et. at•. :ion versus an appeal for- a
variance . There may be a difference there .
L . RAYMOND : I have a difficulty figUring out the difference on this
cL-1s ea Because to resolve •thi (-. rise we I•" zive to make and interpr- etation .
D . OFNER : I Feel very uneasy having ng this decision apply to anything
else . If the Code Enforcement Officer interpret !:-; something one way and we
interpret it differently . . . it was my impression the Code Enforcement
Officer didn ' t have the power to do anything er. cept. what ' s i n the boot: .
L . RAYMOND : And as we i nterpr- et it out of the book: .
D . OFNER : After an appeal .
M . DECKER : Taking into consideration each appeal as it is brought
befor- e US.
L . RAYMOND : You build up) valued case law .
G . WOOD : Listen to this language , " the determination of the Board of
Zoning Appeals establishes the i. nterpr• etat i on of the disputed language.
where ever it may app l •, . " So the first time my i rnterpr• etat i on is
challenged , the Board makes an interpretation , and from -there on that is my
direction .
D . OFNER : I think: you llaVEHy just about sold me on it . Let me read it .
What: number is i t .
G . WOOD : Section 431 .
L . RAYMOND *. Furthermor- e , vie are considered to be a couru t . We ar- e the
first step „ if 'somebody wants to go beyond US they appeal to a higher
court .
D . OFNER : The f i r• st:. line is what I always thought to be the bible ,
" the recognized zoning officer is requir- ed to enforce the Land Use
regulations am. written "
L . RAYMOND : It means he can ' t make the interpretation .
D . OFNER : " . . . the deter• mi na ti on of the Board, of Zoning Appeals
establishes the interpretation of the disputed language where ever- it may
apply . . . " Okay , I have to see things in writing . , We will establish the
interpretation of that part of the mobile Home ordinance so you are not
restr- icted to those specific sizes in coming up with the F340 square feet .
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TOWN OF GROTON ZONING BOARD OF APPEALS , W . Snyder- October 16 , 1990
L . RAYMOND : That ' s right .
D . OFNER : The 840 square feet is still there in any way you want to
shape it . But then another thing comes up ., what about some old person in
an aged mobile home and for some reason that person has to move and that
person does not have the money -to acid Up to 840 square feet. „ what are you
going to do take the person ' s house away from him ?
L . RAYMOND : I think— that would be a case we would d have to tab:: e on its
merits .
D . OFNER : Hardship .
L . RAYMOND : No . I think we would have to have an application for a
variance and consider all -. he cir- cumstances- involved in i t . That would be.
a situation where Gary Would first have the application and he would find
-there is something wrong with this , he would deny i t, q and it would come to
us to make a further clarification ,
D . OFNER : He doesn ' t her✓ e the power to vary the ordinance .
L . RAYMOND : Right .
D . OFNER : We are just establishing an interpretation .
L . RAYMOND : That ' s right .
D . OFNER : That will be part of -the book
L . RAYMOND : I also am not going to let this lie here . If you .100k or;
page 81 Powers and Duties , it says ` . . . basically the statutes provide
two types of jurisdictions to the Board of Zoning Appeals „ appellate and
original Every Zoning Board of Appeals in the State c�rf New Yort:- has
the appellate jurisdiction because the Skate statutes so provide . I think
-that statr-_ ment is . . . appellate jurisdiction means an appeal is being made
from a decision . It rays vie have the power to hear and decide appeals . So
what that. means is we are a lower order of court , We are here to malo- e
interpretations when Gary here , the Town Board and others get into trouble
we are appointed to make an interpretation .
D . OFNER : If vie approve somebody ' s frontage and it its 2 _) feet short we
won ' t be scatting a precedent. .
L . RAYMOND :
D . OFNER : TI-tat.: is what I was concerned about. .
L . RAYMOND : That i. s a different thing . We are not making an
interpretation , vie are dealing with a particular cti t ► .► at :i on .
D . OFNER : An interpretation of a particular piece . . .
L . RAYMOND : Is applied only to thtat. property . This thing here tonight „
they are meeting all the requirements as -far as the property is concerned ,
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TOWN OF GROTON ZONING BOARD OF APPEALS , W . Snyder October 16 , 1990
there is no problem here . The whole thing is the interpretation of whether
-they meet the 84=7 sc uaire f eet or not: . Which they claim they did with the
addition . What we have _gone through here is , they were right , ye = , we will
grant: them the variance and in doing so we are also setting a precedent. for
Gary when future cases come up then he will decide as necessary . That is
how case law is decided .
D . OFNER : He is still tied to the 840 square feet of liveable space ?
L . RAYMOND : Yes .
M . DECKER : A porch would not be considered in that sort: of thing ?
G . WOOD : If you follow -the logic you are talking about , the way I
would see this , is the e40 square feet must be met but it would :include
both the manufactured unit and any on -- site development that meet, the
building code requirements for habitable space .
L . RAYMOND : For ' habitable space " right ,, that s the whole point .
Be WOOD : That would total up to a minimum of 840 and we would
consider those two sizes as given in that definition are examples .
L . RAYMOND : I have chosen instead to follow the route of our power to
say , ' look it is unreasonable ' ' those length and width sizes are
unreasonable as written in the ordinance ' .
G . WOOD : I came to the Planning Board to recommend some changes in
*this Mobile Home Ordinance . Those changes were presented to the Town Board
Monday night and Jack: Fitzgerald said you can ' t do that because the idea of
having the size specified in the definition is totally invalid anyway . H :is
logic being that if you had some -thing that was not those dimensions then it
is no longer a mobile home , now how do you control it ?
L . RAYMOND : Novi that is an interesting thought .
G . WOOD : The end result of the whole thing is.- the .Town Board dropped
it last night . Now if you come through with an interpretation for me , we
are all set and canproceed by whatever guidance you want. to give me , just
give me some guidance .
L . RAYMOND : Let me declare this meeting avei .
tali al Smith made the motion the Zoning Board of Appeals grant
the variance application of Wayne:- Snyder , sc?cc7nd by Davici Ofner :
'DOTE e ALL IN FAVOR
MOTION CARRIED
Respectfully submitted
Margar _ t A . I=' al. mer
!- age - 9