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HomeMy WebLinkAbout199122 �r%A,c Pam, I � — I � � � � Z D � � �, 3 � o rn _ ; �, �� ` � 7 AC. CAL. i /��N�n/o L i,eo .� � 2 �- N �� 3 3.78 A C � A i. � -�� --�'"' � '�'"J� � / ��� � 4.2 l— - ____� ;�, �� r� ` / I � 4.06 AC. CAL . . 1 �' -1-- � � � � m _ l � � 2l6 a� _, o; m s � 4 . i — Z� � ,---- - � _�� 26 / `� S !.� i 65 �► 70.04 X36 _ 15 � 2 � ��- � Z.� C ___ �\ �-� 6 s c c s — _ l fa ERECTED ':yt �', 1817 0 C0U S E..A 11;� ��► RESOLUTION NO. 14 Town of Groton Supervisor (607) 898-5102 Teresa M. Robinson Town Clerk (607) 898-5035 Colleen D. Pierson Superintendent of Highways (607) 898-3110 Leland E. Cornelius Councilmen Ellard L. Sovocool Gordon C. VanBenschoten Donald E. Cummings Carl E. Haynes - APPEAL CODE ENFORCEMENT OFFICER'S ACTION TO GRANT BUILDING PERMIT TO HERBERT TI CHENOR Moved by Mr. Sovocool, seconded by Mr. Haynes Ayes - Sovocool, VanBenschoten, Haynes, Robinson Absent - Cummings RESOLVED, that the Town Board of the Town of Groton does hereby request that John J. Fitzgerald, Attorney for the Town, prepare an application to file an appeal for a review with the Groton Appeals Board on the action of the Code Enforcement Of=icer in regard to the granting of a building permit to the Tichenor' s on January 9, 1991. State of New York County of Tompkins ss: Town of Groton I hereby certify that the foregoing is a true and correct transcript of a resolution adopted by the Groton Town Board on the 11th day of March, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Board at Groton, New York, this 15th day of March, 1991. Colleen D. Pierson, Town Clerk Town of Groton P. O. Box 36 0 101 Conger Boulevard a Groton, N. Y.13073 - 0036 MINUTES ZONING BOARD OF APPEALS TOWN OF G ROTON The Town of Groton Board of Zoning Appeals (ZBA) met on February 11, 1991 at 8:00 PM at the Town Hall. The purpose of the meeting was to discuss internal procedures raised by the granting of a building permit to Herbert Tichenor on January 9, 1991 to construct a house at the same location that the ZBA has twice denied. The following business was conducted: 1. A review of the permit granted to Herbert Tichenor. 2. Discussion of whether this should be a concern of the ZBA, since no appeal from the code enforcement officer's action has been received by the ZBA. It was unanimously concluded that the granting of this permit is a concern of the ZBA. 3. The powers and duties of the ZBA were carefully reviewed from this perspective. These powers are appellate and original. a. AppPIIrile powers are those mandated by state law. They involve appeals by aggrieved parties (1) from any order, decision or determination made by an administrative official charged with enforcement of the zoning ordinance or local law; and (2) for variances where a permit has been denied. b. Original powers are those given to the ZBA by the Town Board in addition to those mandated by the state. Groton has given the ZBA power to hear appeals concerned with the Mobile Home Ordinance. No other original powers are currently assigned to the Groton ZBA. 4. It was concluded that the ZBA can only act on these powers upon receiving an appeal from an aggrieved party. This includes appeals by other town officials. 5. Among the other options available to the ZBA was to file a letter of complaint to the Town Board. This letter would indicate the views of the ZBA members on what they consider to be an illegal action by the code enforcement officer in attempting to overturn a decision by the ZBA. This was unanimously agreed to by the ZBA members. 6. What was to be included in the letter to the Town Board was discussed as a final item of business. Adjourned at 9:45 PM. Minutes submitted by Lyle Raymond, Chairman. Zoning Board of Appeals Town of Groton Groton, NY 13073 February 14, 1991 Teresa Robinson, Supervisor Members of Groton Town Board Conger Blvd. Groton, N Y 13073 The Zoning Board of Appeals (ZBA), at its February 11, 1991 meeting, discussed the granting of a building permit to Herbert Tichenor, dated January 9, 1991, by the Town of Groton code enforcement officer. The ZBA has denied requests for variances from Tichenor on two previous occasions for locating a new home in the same location. The ZBA members reached the following conclusions: 1. The code enforcement officer has no power to make decisions on questions relating to interpretation of the land use and development code. 2. If it is not clear as to whether a permit that is being applied for meets the code, the permit must be denied. The applicant may then appeal the to the ZBA for a variance. This appeals procedure is clearly set forth in the Groton Land Use and Development Code. 3. Decisions on questions relating to interpretation of the code are functions of the ZBA upon appeal by aggrieved parties. This cannot be changed by the Town � Board; it is mandated by state law. (Town Law, Section 267) 3. Decisions of the ZBA, under the independent authority given to it by state law, cannot be overturned by the code enforcement officer or the town board. ("Zoning Board of Appeals is an Independent Entity" in All You Ever Wanted To Know About Zonina. NY Planning Federation, 1989, p. 87) 4. State law provides that appeals from the decisions of the ZBA must be through the courts, in an Article 78 proceeding. This includes appeals by town officials. (See reference in Item 3) 5. Given these facts, the granting of a permit to Tichenor by the code enforcement officer is illegal. It ignores two decisions by the ZBA on the Tichenor application to build a house at this same location that cannot be overturned by the code enforcement officer, and it involves decisions on questions relating to interpretation of the code that the code enforcement officer does not have the power to make. Additional Comments The Town Board should be fully aware that an illegal action has been taken in this case, and should consider the future ramifications. The code enforcement officer informed the Board of the possibility of granting a permit to Tichenor and was not told that (1) it is an illegal act for the code enforcement officer to overturn two decisions of the ZBA and (2) that deciding upon questions involving interpretation of the code exceeds the authority of that office. This makes it appear that the Board aided and abetted this illegal procedure. The members of the ZBA do not believe that was the intention of the Town Board. A lengthy explanation was filed by the code enforcement officer to accompany the permit approval, defending the action taken. This only reinforces the fact that the code enforcement officer was engaged in deciding questions relating to interpretation of the code that exceeds the authority of that office. The code enforcement officer has no discretionary power to make decisions on the basis of that officer's interpretation of the land use and development code. If there is any question as to whether a permit that is being applied for meets the requirements of the code, the code enforcement officer must deny the permit. The code enforcement officer may discuss a permit denial with the applicant to see if changes can be made to meet the provisions of the code. Applicants whose permits are denied may also be referred to the appropriate body to appeal for a variance or an interpretation of the code. The ZBA members believe that they have carried out their responsibilities faithfully and diligently, following the proper procedures set forth by state law, and carefully adhering to the intent of the land use and development code of the town in their interpretations to the best of their ability. If the Town Board wishes, the ZBA members will meet with the Board to clarify the position that the ZBA has taken on this matter. The content of this letter was unanimously approved by the members of the ZBA at its meeting of February 11, 1991. 4Lyle Ray and ZBA Chairman cc. George Totman, Chairman Planning Board the Town Board ANION MADE TO: 0 TOWN BOARD [I PLANNING BOARD M APPEALS BOARD Application Numbers. ap- CJF I C ERECTED it 1817 101 Conger Boulevard Groton, N. Y. 13073 Town of Groton Application Date: March 14, 1991 APPLICATION FOR: (Check Applicable) 13 a.) Interpretation.of Zoning Ordinance or Map 13b.) Special Permit under the conditions of the [3c.) Variance to Sect of (3d.) Appeal under Sect 421 M and 422 from xW a decision of the Code Enforcement Officer. Request Relates to the Following Provisions of Sect 352.1 oi- Land Use Code Subdivision (B) requires minimum of 200 feet of frontage OWNERS NAME AND ADDRESS: Herbert and Merle Tichenew PHONE #:.(60 898.U32 //252 Spring Street Extension ,. Gro ton , NY 13073 PROPERTY INVOLVED: ADDRESS: Spring Street Extension TAX MAP DESCRIPTION: 321-2-2 PURPOSE OF REQUEST: Owner only has 1)8 feet of*'frontage immediately in front of proposed location of residence JUSTIFICATION OF REQUEST: Town Board voted unanimously on March 11, 1991, to appeal the determination of the CEO to grant a building permit to the owner because the owner lacks the necessary ?.Uu teet of ftontage cQnti&ruous to building ' site. PREVIOUS APPEALS (state alication numbers, dates and purposes of requests): I January 5, 1987 - Tip build house and garage - &pyQA1 f d f perm c n Aipril-17, 199D variance -to strut ion of dwelling I T on f8i ANJ8 3:oo-c t'ronsage. in ��- Zt�ric t "The Owner should submit with this application any additional supporting materials deemed necessary that will assist the Board to understand the request.** Signature of _]k%X'JJXJD3[7M: > & pervisor: OFFICE USE ONLY TOWN PER:k!IT APPLICAT.ION NO.: DATE RECEIVED: DATE FIRST HEARING: DATE SECOND HEARING: DATES SUBSEQUENT HEARINGS: ACTION: APPLICATION 0 Approved 0 Rejected DATE: BY CHAIRMAN 0 TOWN BOARD a PLANNING 0 APPEALS i OF C# �j► l FIC/ y/ ERECTED �; 181T o yo;,fssEA.;;��. Ma.._ CO U N� Town of Groton March 15, 1991 Ft -OG Supervisor (607) 898-5102 Teresa M. Robinson Town Clerk (607) 898-5035 Colleen D. Pierson Superintendent of Highways (607) 898-3110 Leland E. Cornelius Mr. & Mrs. Herbert Tichenor Spring Street Extension or 4132 Sprucewood Street Groton, NY 13073 Winter Haven, FL 44881 Dear Mr. & Mrs. Tichenor: Councilmen Ellard L. Sovocool Gordon C. VanBenschoten Donald E. Cummings Carl E. Haynes The Groton Town Board has appealed the decision of the Town Code Enforcement Officer in granting you a building permit before the Groton Zoning Board of Appeals. A copy of this action by the Town Board is enclosed, along with a copy of the appeal and the scheduled date of the hearing before the Zoning Board of Appeals. The Zoning Board of Appeals is an independent entity as provided by state law. Other town agencies are empowered to ask for a review of any decision by the code enforcement officer before the Zoning Board of Appeals. This includes the Town Board, and they have acted on this authority. These procedures are set forth in the Groton Land Use and Development Code and in state law that the Code is derived from. You should be aware that once an appeal from the decision of the code enforcement officer is filed, no action can be taken under the building permit that was issued to you by the code enforcement officer while the Zoning Board of Appeals is considering the matter. We have therefore acted expeditiously in scheduling the required public hearing so that you will have the results of the review and any decisions by the Zoning Board of Appeals without undue delay. Lyle S. Raymond Jr. Chairperson Town of Groton B oard of Zoning Appeals P. O. Box 36 0 101 Conger Boulevard d Groton, N. Y.13073 - 0036 Town of Groton LEGAL NOTICE TOWN OF GROTON Supervisor (607) 898-5102 Teresa M. Robinson Town Clerk (607) 898-5035 Colleen D. Pierson Superintendent of Highways (607) 898-3110 Leland E. Cornelius Councilmen Ellard L. Sovocool Gordon C. VanBenschoten Donald E. Cummings Carl E. Haynes 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, April 1, 1991, at 8:00 P.M. for the purpose of considering the application of the Town Board of the Town of Groton requesting the following a) Interpretation of Zoning Ordinance or Map b) Appeal under Section 421 and 422 from a decision of the Code Enforcement Officer to grant a building permit to Herbert Tichenor, Spring Street Extension, Tax Parcel Number 321-2-2. All interested persons will be heard. Lyle Raymond, Chairman Zoning Board of Appeals Dated: March 15, 1991 P. O. Box 36 a 101 Conger Boulevard a Groton, N. Y.13073 - 0036