HomeMy WebLinkAbout1995-01-10 Kennel operation in L1 v
TOWN OF GROTON ZONING BOARD OF APPEALS
Tuesday, 10 January 1995
Board Members (*present) Others Present
Lyle Raymond, Chairman Judy Cott
*Mary Decker George R Senter, Sr. , CEO
*David Ofner David Christofferson
*John Pachai Carl Ferris
Judy Radcliffe
J. Pachai: It's 7:35, and at this point we're going to open the Public Hearing for a variance request
from Judy Colt, and to start out with I will read the Public Notice :
Legal Notice - Town of Groton. 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 Tuesday, January 10, 1995 at 700 p. m. for the
purpose of considering the application of Judy Coit, 1887 Cobb Street,
Groton, New York, for a Variance to Section 351 of the Town of Groton
Land Use and Development Code. regarding Kennel operation in a Low
Intensity Zone. All interested parties will be heard. Signed by Lyle
Raymond, Chairman, Zoning Board of Appeals, Town of Groton, dated
December 14, 1994.
I 'm John Pachai. Lyle can't make it and, as Vice Chair, I will be chairing the meeting for Lyle.
In addition to the Legal Notice, the first thing I want to do is cover a couple of documents that need to be
referred to . We have received from the Tompkins County Planning Department a letter indicating that
they find no significant deleterious impact on any community, County, or State interest. Therefore,
they are not making any recommendation and we're free to act without prejudice .
D. Ofner. How far are they from the Line?
J. Pachai: From the municipal boundary -- well over 500 feet.
D. Ofner. I just wondered why we had to check with . . . .
J. Pachai: As before , it's a fail- safe mechanism just in case something is missed - - a
municipality's line jogging in, the State owning property that we are unaware of in the area -- it's just a
matter of protection. The second document that we will make an official part of this is a map which I
put together using County tax maps and actual physical measurement using a tape measure . This will
be brought up later, but I want this included in the official packet that has also been distributed. (A
copy of this map is attached to this record.) Additionally, we have a letter from Judy Cott which
expresses her purpose in having the kennels and other comments relative to the significance of the
kennels to her, and concern regarding not being able to have the kennels. I believe that' s it regarding
the information on paper that's relevant. Now, we're going to open the discussion by having the
applicant make any comments. Then the balance of the public can make any comments or request any
information they like. Please address any comments or questions to the Board rather than talking
across. Please identify yourself when you do speak. Ms. Cott. . .
J. Coit: I don't know how to start. First of all, I'm a widow and have three children left at home
and have custody of another child. My children are all handicapped children. They have spina bifida,
cerebral palsy and a hard-to-care-for children that I cannot find a babysitter for. I need to work from
home because I don't have an education to go out and get a job. Dogs are something I've always liked
and something I understand. So a friend of mine who had kennels helped me set up a dog kennel and I
bought small purebred dogs last spring. And I've been raising them to sell the puppies from to make a
Town of Groton Zoning Board of Appeals January 10, 1995
living. They are all getting to the age now where that's possible -- a year old or a little more. I bought
Debbie's Akitas and those are the dogs that are outdoors -- and four sheeps and four Wheatons. I'd like
to continue raising her dogs with their name and my ownership. And they are outdoor dogs, so those
kennels are set up outdoors. I didn't know I couldn't do it.
J. Pachai: At this point, we are not saying that you can't.
J. COW I didn't know it wasn't permissible . It's farming country. I have a kennel license and
added them to my kennel. That's how I plan on supporting myself and my children. I can't get a job
that would pay anything above minimum wage, if I could find a job . I've been in that house since 1969
and I don't chose to move . My children do go to regular Groton School -- two to BOCES and one goes to
the high school. Their services are here -- occupational and speech therapy -- which isn't available in a
lot of places.
J. Pachai: What we have to consider are things which are relevant only to the dogs, the pens, the
type of activity, and that sort of thing. So that's pretty much all we'll take into consideration for
something like this. We're not totally convinced that you are in a location where this can't be an
activity. That information will come up a little bit later. You shouldn't automatically. . . . .
J. colt: But I didn't know I was going to get in any trouble by putting them out there . My dogs
are in 10 by 10, 9-gauge steel pens in a long block. Between the cages are about two feet which are fenced
in. And there's gates so the dogs can't get out and run around. I have two that are climbers, and their
cages are covered also. They live in the pens. They are dogs that are meant to stay outdoors. They are
Akitas. They are around 100 pounds and I think they are real mellow.
J. Pachai: Let me show you a drawing I prepared. Do the dimensions from your north property
line that are listed seem accurate to you?
J. Colt* Yes. My dogs aren't real noisy, because when I take the mothers that are in the house
out to put them in potty pens, the ones outdoors bark. And they bark while being fed and being cleaned.
And if somebody comes in the yard and they don't know who they are, they bark. But the rest of the
time they are quiet. Most of the time you don't know they are there . They don't run. They've all had
their shots and are cared for by Dr. Underwood and Dr. . They are all registered purebreds.
J. Pachai: Are you done?
J. Coit: Yes.
J. Pachai: Any other questions or information that anyone would like to provide?
D. Christofferson: More questions than anything else. I own the land to the north of that. In regard
to the kennel, there's got to be certain guidelines to operate a kennel, right?
J. Pachai: Right. And we have no jurisdiction over that. That's followed through by the USDA
and I have some other information. Primarily the USDA has jurisdiction over most of those activities.
And then, of course, you have Fire Underwriters who have some jurisdiction relative to code , fire code ,
electric, and that sort of thing.
D. Christofferson: I don't think I stated that quite the way it should have been. Right now, first of
all, I have no objections to this, but I bought that land years ago more or less on an investment
standpoint. If at a future date that becomes an odor problem or a terrible noise problem, or something
like that, do you see what I'm saying?
J. Pachai: To be perfectly honest with you . I 'm not sure if that falls under an agricultural activity
or not and, if it does, wouldn't that be covered under the current Realty Act?
M. Decker. I'm going to say that probably it would fall under, as John was saying, the Disclosure
Act. When I sell a house. . . . .the rule is, and it's in a Disclosure Act, when you're in agricultural country
and say, and I do sell real estate, when I am showing a property in a rural area, such as where you are
speaking, David, to a buyer, I have to disclose at that time -- I mean he should be able to see for himself.
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Town of Groton Zoning Board of Appeals January 10, 1995
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But if he's a city slicker and doesn't know what happens out in the country and across the way is a
working beefstock farm, I have to tell them what they do. Sometimes they spread manure. Sometimes
they don't smell so sweet. Okay? But that's not the only thing that goes with a farm. You get rules and
regulations governing your pesticides, but there are chemicals that are used. Fanners are allowed to
use certain chemicals, but they have to meet the law that's very stringent nowadays. Noise is a factor
that we would take into affect. I 'm thinking that probably what you are asking would be -- this is
agriculture area beyond this 1000 feet perimeter -- you're going to be dealing with that as this type of
situation conveys with this particular property. In other words, if you were going to market yours,
what you see is what you get. That's basically where we are coming from. I think that's the way it is on
farmland and, at this point, it is a law that when we come to a closing table that if it's rural property,
it's in the process of law that we have to have disclosed to that buyer exactly what goes with the
territory -- the smell, the noise, the consequences -- and I think that would be the same situation that
you're asking me. I don't know if that covered your answer or not. But it's no different than . . . . Well, let
me take you back to a property that is within the Village of Groton -- I won't mention any names, but I
marked the house next door to it -- I'm not sure that we had a kennel going right there, but we had a
number of dogs that were contained -- pets. And dogs will do, as Judy said -- if I pull into your driveway
and the dog doesn't know me, he's going to make a noise. Naturally, five dogs will make more noise
than one dog. And usually after they are settled to their routine, it's not really a problem as far as that
goes. And I've walked by Judy's house and haven't noticed anything any different than when I walked
by a couple years of ago when there was no kennel. I'm sure there are certain times when you might
hear them. I don't know if that answered your question or not.
D. Christofferson: Yes. It does.
J. Pachai: Anything else?
C. Ferris: Well, I 'm Carl Ferris and I live south of her. And I was turned down for a trailer park in
this area because it was too much in the area.
J. Pachai: Although I was not on the Board when this was requested. . . I can't respond to why you
were denied.
M. Decker. He was within the first 1000 feet, too.
J. Pachai: It's a different situation because what we have more or less determined -- well, we have
determined -- is that the boundary for the L Zone is 1000 feet north from West Groton Road, and you
would be within that ' 1000 feet. But, again, we 're talking two different zones and two different
situations, and each case had to be taken on its own merits. I can't really respond as to what happened
in your situation. It might be different than this, if anything. Did you have anything else?
C. Ferris: Well, this partly comes under an agricultural zone and two veterinarians are taking
care of the dogs. I just want to make sure that when its put in its something that is very important that
they are properly taken care of.
J. Pachai: Again, that's outside of our jurisdiction.
J. Coit: They have been inspected by the SPCA and the kennels meet USDA standards.
J. Pachai: One thing that I would like to make clear during this hearing is that this wasn't
necessarily evident until there were actual physical measurements taken, that all of the pens which
house the dogs are beyond the 1000-foot mark going from the center of West Groton Road. Our Code , as
it is in place, has the line , the boundary line between the L Zone and the Agricultural Zone, placed at
1000 feet. So, basically, it runs through the Coit property. And again, all the pens are beyond the 1000-
foot mark. Just have that be part of the record of the hearing. Does anybody else. . . .
D. Christofferson: A couple more . As far as setback from property lines and that, does anybody
know what the setback is?
G. Senter. Five feet. And the least restrictive zoning areas can encroach on the more restrictive
by 50 feet or more, too.
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Town of Groton Zoning Board of Appeals January 10, 1995
D. Christofferson: Well, I don't want to monkey her up.
J. Pachai: At this point, if there are no more questions or comments, I will close the Public
Hearing.
The public hearing was closed at 7:55 p.m.
I, Joan E. Fitch, do hereby certify that in the matter of a public hearing held by the Zoning
Board of Appeals for the Town of Groton, County of Tompkins, State of New York regarding a
Variance Application by Judy Coit, pertaining to Section 351 of the Town of Groton's Land Use
and Development Code„ regarding kennel operation in a Low Intensity Zone, that the foregoing
is a true and accurate transcription of said public hearing.
Joan E. Rich
The decision meeting was called to order at 7:57 p.m. by Vice Chair /Acting Chair, John Pachai.
J. Pachai: For the balance of this, everybody's welcome to stay, but at this point we can't take
any more information from the public . Our meeting will start and anything that happens here has to
be based on any documents we have, the Code book, and any new information we gathered from the
hearing. It is 7 : 57 p.m. and we'll begin the meeting regarding this variance. I would like to say that I
don't feel a variance is required because the line, as you can see on this map, and compared to the
zoning map, places the kennel in the agricultural zone where this is a permitted use.
At this point, a short discussion was held to clarify those items on which the Board had
questions . Mr. Pachai pointed out that there was some question as to where the
measurement might be taken from, but since most legal boundaries start at the center of
the road, it was interpreted that the dimension started from there . It was determined
that the kennel lies in the RA zone and the kennel operation is permitted in that zone .
Therefore, the Board decided that there was no need for a variance .
J. Pachai: I move that the Board finds that it is in our clearest view that the animal kennel
activities that Judy Cott is involved with are being performed outside the Low Intensity Zone in the RA
Zone where commercial animal kennel activities are permitted and, therefore, we find no reason why
a variance is needed for this activity.
X Decker. I second that motion.
J. Pachai: All in favor? (All were in favor.) It's unanimous. It's 8 : 16 p.m. and we'll close the
meeting regarding the Cott variance.
Acting Chairman Pachai convened the business portion of the meeting at 8: 24 p.m. The
only business to be brought before this meeting was the approval of the minutes of the
ZBA meeting on August 11 , 1994. Mr. Ofner made a motion to accept these minutes as
presented; Mary Decker seconded the motion; all were in favor.
Mr. Pachat reminded the members present to sign the resolution/oath of office book.
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Town of Groton Zoning Board of Appeals January 10, 1995
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A motion to adjourn the meeting was made by Mr. Ofner and seconded by Mr. Pachai at
8:27 p.m.
Respectfully submitted,
oan E. Fitch
Recording Secretary
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