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HomeMy WebLinkAbout2016-03-17Page 1 of 5 TOWN OF GROTON PLANNING BOARD Minutes of Regular Meeting - Thursday, 17 March 2016 - 7:30 PM Town Hall Court Room – 101 Conger Boulevard – Groton, NY Members, Groton Planning Board (*Absent) Others Present Edward Neuhauser, Chairperson Sheldon Clark, Town Councilman Lisa Maloney Hahn, Vice-Chair Kelly Smith, Town Councilwoman Monica Carey April Scheffler, Town Clerk Barbara Clark Robin Cargian, Deputy Town Clerk Mark Baxendell W. Rick Fritz, CEO Bret Wyllie Joan Fitch, Board Secretary Leon Brockway, Jr. Applicants & Public in Attendance Bob Walpole for Marvin & Constance Torok & Merle Ploss Estate, Applicants; Susan & Robert Moffitt, Applicants; Danielle Miller. REGULAR MEETING The Regular Meeting of the Town of Groton Planning Board was called to order by Chairman Ed Neuhauser at 7:30 p.m. APPROVAL OF MINUTES – 21 JANUARY 2016 A motion was made by Member Barbara Clark to approve the Minutes of the 21 January 2016 Planning Board meeting, as submitted. The motion was seconded by Member Lisa Maloney Hahn, with the vote recorded as follows: Ayes: Chairman Neuhauser Nays: None Member Carey Member Clark Member Baxendell Member Maloney Hahn Member Wyllie Member Brockway Motion carried. This becomes Action #5 of 2016. OLD BUSINESS Robert Walpole, Applicant/Estate of Merle Ploss, Reputed Owner – Old Peruville & Peruville Roads – TM #s 36.-1-11 & 67.2 – Boundary Line Change (Note: Reference is made to the 19 November 2015 Minutes of this Board at which the applicant who was seeking approval of a four-lot subdivision as shown on the map accompanying the application. There was a question pertaining to Parcel A which tax maps show belongs to another parcel, that the map cannot be used as presented, and the application was postponed until such time as a revised map could be provided.) Chair Ed Neuhauser recognized Bob Walpole who presented a revised subdivision map and explained that the 2.34±-acre piece has now been deeded to Lacko, although it hasn’t been recorded yet. Everything else pertaining to this subdivision is “basically the same as before.” The Lacko deed cannot be recorded until this Board approves the subdivision. Town Attorney Victoria Monty had been contacted for her input and clarification of the terms used in regard to the subject application (T) Groton Planning Board Minutes of Regular Meeting 17 March 2016 Page 2 of 5 (“quitclaim deed” and “title not searched”); Attorney Monty’s response was read aloud by Chair Neuhauser, as follows: Date: Fri, 11 Mar 2016 10:31:53 -0500 From: VMonty To: Edward Neuhauser, Robin Cargian In response to this email and the message sent by Robin earlier in the week, I hope that this provides some clarity. Ploss is transferring to Lacko, by quitclaim deed, any and all interest Ploss might have to the triangular piece. In a quitclaim deed, the grantor makes no warranties or covenants for title. Rather, the grantor (Ploss) simply transfers whatever interest might exist in the parcel. Given the facts as I understand them, (the triangular piece was contained in both the Ploss and Lacko’s back title, but was only included in the Lacko’s tax map parcel) it makes sense for the issue to be resolved in this manner. I am of the opinion that this transfer clears up a title issue and is not a subdivision. That having been said, the triangular piece need not be included in the Planning Board’s consideration of the subdivision. “Title Not Searched” is a term of art utilized by some attorneys when they have not personally done any review of the abstract of title. In this case, Michael Reagan (Surveyor) is the one who discovered the title issue. I do not feel it should be of any concern to the Planning Board. (It is also noted for the record that Planning Board Member Leon Brockway, Jr., advised those present that the subject property was “family land” and he recused himself from any participation regarding this application.) A motion was then made by Member Maloney Hahn that the Town of Groton Planning Board declares itself Lead Agency under SEQRA for the proposed Minor Subdivision. The motion was seconded by Member Bret Wyllie, with the vote recorded as follows: Ayes: Chairman Neuhauser Nays: None Member Carey Member Clark Member Baxendell Recused: Member Brockway Member Maloney Hahn Member Wyllie Motion carried. This becomes Action #6 of 2016. Chair Neuhauser then read aloud Part II of the Short Environmental Assessment Form. Negative responses were obtained to all questions in Part II. A motion was then made by Member Monica Carey that, based on the information and analysis of the SEQR concerning this application, the Town of Groton Planning Board has determined that the proposed action will not result in any significant adverse environmental impact, resulting in a Negative Declaration. The motion was seconded by Member Clark, with the vote recorded as follows: Ayes: Chairman Neuhauser Nays: None Member Carey Member Clark Member Baxendell Recused: Member Brockway Member Maloney Hahn Member Wyllie Motion carried. This becomes Action #7 of 2016. (T) Groton Planning Board Minutes of Regular Meeting 17 March 2016 Page 3 of 5 With no further discussion, a motion was then made by Member Mark Baxendell to waive the Public Hearing and approve the Minor Subdivision as requested. The motion was seconded by Member Maloney Hahn, with the vote recorded as follows: Ayes: Chairman Neuhauser Nays: None Member Carey Member Clark Member Baxendell Recused: Member Brockway Member Maloney Hahn Member Wyllie Motion carried. This becomes Action #8 of 2016. NEW BUSINESS Robert Walpole, Applicant/Marvin & Constance Torok, Reputed Owners – 239 Pleasant Valley Road – TM #s 35.-1-14.1 & 15 – Boundary Line Change Chairman Neuhauser recognized Robert Walpole, Realtor, representing the applicant who was seeking approval of a Boundary Line, eliminating the boundary line between these two parcels and combining them into one 2.221±-acre parcel, as shown on the aerial photo accompanying the application. A motion was then made by Member Clark that the Town of Groton Planning Board declares itself Lead Agency under SEQRA for the proposed Boundary Line Change. The motion was seconded by Member Wyllie, with the vote recorded as follows: Ayes: Chairman Neuhauser Nays: None Member Carey Member Clark Member Baxendell Member Maloney Hahn Member Wyllie Member Brockway Motion carried. This becomes Action #9 of 2016. Chair Neuhauser then read aloud Part II of the Short Environmental Assessment Form. Negative responses were obtained to all questions in Part II. A motion was then made by Member Maloney Hahn that, based on the information and analysis of the SEQR concerning this application, the Town of Groton Planning Board has determined that the proposed action will not result in any significant adverse environmental impact, resulting in a Negative Declaration. The motion was seconded by Member Baxendell, with the vote recorded as follows: Ayes: Chairman Neuhauser Nays: None Member Carey Member Clark Member Baxendell Member Maloney Hahn Member Wyllie Member Brockway Motion carried. This becomes Action #10 of 2016. (T) Groton Planning Board Minutes of Regular Meeting 17 March 2016 Page 4 of 5 With no further discussion, a motion was then made by Member Clark to approve the Boundary Line Change, as requested. The motion was seconded by Member Maloney Hahn, with the vote recorded as follows: Ayes: Chairman Neuhauser Nays: None Member Carey Member Clark Member Baxendell Member Maloney Hahn Member Wyllie Member Brockway Motion carried. This becomes Action #11 of 2016. Robert & Susan Moffitt, Applicants/Reputed Owners – 859 Clark Street – TM #20.-1-9.2 – Minor Subdivision Chair Neuhauser recognized Mr. Moffitt who was seeking approval of a Minor Subdivision, subdividing the subject 56.663±-acre parcel, as determined by an actual land survey, into two parcels of 28.040± acres and 28.623± acres, as shown on the accompanying aerial photograph. A motion was then made by Member Wyllie that the Town of Groton Planning Board declares itself Lead Agency under SEQRA for the proposed Minor Subdivision. The motion was seconded by Member Brockway, with the vote recorded as follows: Ayes: Chairman Neuhauser Nays: None Member Carey Member Clark Member Baxendell Member Maloney Hahn Member Wyllie Member Brockway Motion carried. This becomes Action #12 of 2016. Chair Neuhauser then read aloud Part II of the Short Environmental Assessment Form. Negative responses were obtained to all questions in Part II. A motion was then made by Member Clark that, based on the information and analysis of the SEQR concerning this application, the Town of Groton Planning Board has determined that the proposed action will not result in any significant adverse environmental impact, resulting in a Negative Declaration. The motion was seconded by Member Maloney Hahn, with the vote recorded as follows: Ayes: Chairman Neuhauser Nays: None Member Carey Member Clark Member Baxendell Member Maloney Hahn Member Wyllie Member Brockway Motion carried. This becomes Action #13 of 2016. (T) Groton Planning Board Minutes of Regular Meeting 17 March 2016 Page 5 of 5 With no further discussion, a motion was then made by Member Baxendell to waive the Public Hearing and approve the Minor Subdivision as requested. The motion was seconded by Member Carey, with the vote recorded as follows: Ayes: Chairman Neuhauser Nays: None Member Carey Member Clark Member Baxendell Member Maloney Hahn Member Wyllie Member Brockway Motion carried. This becomes Action #14 of 2016. OTHER BUSINESS Presentation of Proposed Town Code Changes by Town Clerk April Scheffler Chair Neuhauser recognized April, who was present with Deputy Clerk Robin Cargian. April explained that the Town Code needed to be brought up to date and, after reviewing it over the past two years, a committee (April, Robin, Supervisor Scheffler, and Town CEO Fritz) was formed to undergo this large job. April handed out an annotated Land Use Table, Edits to Section 120.Definitions, and Edits to Section 406. Fees thru 441.18.Modification of Approved Site Plans, with all suggested changes indicated in red. Chairman Neuhauser stated that the proposed changes to the Code were to be reviewed by each Board member, with any additions, revisions, etc. to be brought back to the Board’s April meeting for discussion/submittal to the Town Clerks. Member Carey thought that there needed to be a definition explaining what a boundary line change is. CEO Fritz thinks lot size should be addressed. Wastewater discharge was another item that should be reviewed. NYS regulations are changing, e.g., percolation rates. With regard to signs, April stated she preferred the wording in the “old Code.” Board members agreed to review the materials and bring their comments back to the April 21st meeting. Training – Chair Neuhauser reminded Board members of the training opportunity, April 17th and 18th, in Saratoga Springs. ADJOURNMENT At 8:35 p.m., a motion was made by Member Clark to adjourn the meeting. The motion was seconded by Member Brockway, with all members present voting in favor. Joan E. Fitch, Board Secretary Emailed to Supv., Town/Deputy Clerks, CEO Fritz, Attorney Monty & Board Members on 3/29/16.