HomeMy WebLinkAbout2010-04-13 TOWN OF GROTON - MINUTES OF TOWN BOARD MEETING
TUESDAY, APRIL 13, 2010 AT 7:30 PM
PUBLIC HEARING - LAND USE & DEVELOPMENT CODE AT 8:00 PM
THE TOWN HALL, 101 CONGER BOULEVARD
Those present: Glenn E. Morey, Supervisor
Ellard L. Sovocool, Councilman
Donald F. Scheffler, Councilman
Richard B. Gamel, Councilman
Sheldon C. Clark, Councilman
Francis Casullo, Attorney for the Town
Also present: Mary Ann Sumner, Tracy Russell, Robert Eckert, Marie Sill, Nick Babel,
Steve Simons, Ron Cornell, Sue Bennett, Joe Bennett, Mark Robinson,
Teresa Robinson, Sandra Swearingen, Lynn Swearingen, Steve Thane,
Mary Gloster, Monica Carey, Cliff Norte, Susan Norte, David Norte, Dave
McCarty, Jeri McCarty, Peter Clark, Katherine Wolf, Robert Walpole,
Paul Fouts, Phil Martinez, Floyd Kyes, Carol Keegan, Edward Scheffler,
Joan Packard, Doug VanBenshoten, Dewey Dawson, John Norman, Gary
Coats, Richard C. Case, Jr., April Scheffler.
MOVED by Councilman Sovocool, seconded by Councilman Scheffler, to approve the minutes
of the March, 9, 2010 meeting as presented.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey.
Claim Numbers 92-125 of the General Fund in the amount of $18,984.11 were presented for
audit.
MOVED by Councilman Gamel, seconded by Councilman Sovocool, to approve the General
Bills for payment.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey.
Claim Numbers 47-70 of the Highway Fund in the amount of $8,635.02 were presented for
audit.
MOVED by Councilman, seconded by Councilman, to approve the Highway Bills for payment.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey.
Town Board Minutes Page 2 March 9, 2010
Monthly Reports:
Elizabeth Brennan - Submitted monthly reports for the Board's review.
Gary Coats, Code/Fire Enforcement Officer - Submitted monthly reports for the Board's
review. This month annual life safety inspections have been started and it will be a busy year.
Richard C. Case, Jr., Highway Superintendent - Currently the highway shop is busy changing
equipment from winter maintenance. Vehicle inspections and repairs are on schedule.
Snowplow wings and plow frames are being scaled and painted. All intersections have been
power broomed and cold-patch applied once this spring. Shoulder repairs are taking place daily.
The brush has been removed on Sovocool Hill and new signs are now in place. Brush is being
cut on the Town's portion of Spring Street Extension between Cobb Street and Townline Road.
The floor drains and all holding tanks have been cleaned, pumped and inspected. On March 23rd
the Town and Village Highway Departments participated in the annual "Right-to-Know Safety
Course." With your approval and a resolution, we have set May 8th as the tentative date for the
Town and Village Clean-Up Day. It would be my pleasure to hold the annual highway tour this
month, if possible.
After some discussion, Monday, April 19th at 9:00 am was set for the annual highway tour.
RESOLUTION#10-025-ANNUAL CLEAN-UP DAY
MOVED by Supervisor Morey, seconded by Councilman Scheffler
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED,that the Town Board hereby sets the date for the Annual Town and Village Clean-
Up Day for Saturday, May 8, 2010.
April L. Scheffler, Town Clerk/Tax Collector - Monthly reports were submitted for the Town
Clerk and County Acres Pet Services as well as the final 2010 Tax Collector report. Taxes will
be taken to the County in the morning. Robin did an excellent job holding down the office while
I was on vacation and I think we are very fortunate to have her as an employee. We will be
closed April 26-28 because we are both going to the State Clerk's Convention and I will be
putting a notice in the Shopper next week.
Francis Casullo, Attorney for the Town - Had nothing to report.
A. D. Dawson, Town Justice - Submitted monthly reports for the Justice Court in a new form
that will save paper and be easier to read. The Court has received their grant money from the
State. We did not get the full $3,100 applied for but they did get $1,850. We haven't made any
purchases yet but did receive permission from the State to change one item on the grant and
instead of getting a Power Point projector, we will be getting a laptop to be married to the TV so
the Power Point will go directly to the TV. The Court had training today on the new integrated
domestic violence reporting, orders of protection and things like that. Cindy is one of the
moving members of a new organization in Tompkins County for the town and village court
Town Board Minutes Page 3 March 9, 2010
clerks. They've had a few meetings and with every meeting more people seem to come to it and
they've had a couple of training sessions as well. So, we're pretty proud of what she's doing in
that regard.
Councilman Donald Scheffler, as Recreation Director - We're just getting started on the
summer programs and getting things organized as far as the pool and summer activities. This
Saturday, April 17th, we have a group of about 100 students from Cornell that contacted us and
want to do some community service. They are going to be coming and working at the park and
Groton Rural Cemetery and along Main Street to help fix things up and clean things up for the
Summer. There will be a lot of local organizations and groups and people helping along with
them, so if you don't have anything to do Saturday, find Viola and she'll give you a job to do.
RESOLUTION #10-026 -APPROVE 2010 HUMAN SERVICES CONTRACT
MOVED by Supervisor Morey, seconded by Councilman Sovocool
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board hereby approves the 2010 Human Services Contract and
authorizes Glenn Morey to sign said contract.
RESOLUTION#10-027-DONATE TO VILLAGE OF GROTON SESQUICENTENNIAL
MOVED by Supervisor Morey, seconded by Councilman Clark
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED, that the Town Board hereby approves the donation of $500.00 to the Village of
Groton Sesquicentennial Celebration Committee.
Supervisor Morey informed the Board that he would soon be submitting, for the Board's review,
the emergency preparedness plan that has been worked out between the Town, the Village and
the School.
RESOLUTION #10-028 - PROCLAIM FAIR HOUSING MONTH
MOVED by Supervisor Morey, seconded by Councilman Gamel
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
WHEREAS, in accordance with the Title VIII Fair Housing Policy of the Civil Rights Act of 1968
and the Fair Housing Amendments Act of 1988 and,
WHEREAS, the Month of April 2010 has been designated by the U.S. Department of Housing
and Urban Development's Office as Fair Housing and Equal Opportunity as Fair Housing Month,
NOW, THEREFORE,BE IT RESOLVED,that the Town Board of the Town of Groton hereby
declares and proclaims April as Fair Housing Month in the Town of Groton.
Town Board Minutes Page 4 March 9, 2010
RESOLUTION#10-029 -PROCLAMATION OF POPPY TIME
IN THE TOWN OF GROTON
MOVED by Supervisor Morey, seconded by Councilman Sovocool
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
WHEREAS, the Carrington-Fuller American Legion Post #800 Auxiliary works unselfishly
throughout the year to aid members of the Groton Community, and
WHEREAS, the American Legion Auxiliary annually sponsors the traditional offering of the
"POPPIES"to the Groton area, and
WHEREAS, by offering these "POPPIES" the Auxiliary helps to benefit the needs of the
disable American Veterans by providing workshops and therapy for them through the Veteran's
Hospitals,
NOW THEREFORE, I, Glenn E. Morey, Supervisor of the Town of Groton, DO HEREBY
PROCLAIM, the month of May 2010 to be "POPPY TIME" in the Town of Groton and
respectfully encourage all members of the Groton Community to generously support the Legion
Auxiliary during "POPPY TIME".
RESOLUTION #10-030 -APPOINT LOCAL BOARD OF ASSESSMENT REVIEW
MOVED by Supervisor Morey, seconded by Councilman Scheffler
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
RESOLVED,that the Town Board hereby appoints Fran Sovocool, John Miller, Jean Morey and
Glenn Morey as the Local Board of Assessment Review.
Announcements:
➢ Planning Board-April 15 - 7:30 PM
➢ Zoning Board of Appeals -April 28 - 7:00 PM
➢ Thank you from First National Bank of Groton for the loan of the courtroom chairs for
their annual meeting.
➢ Assessment Review will be May 12 - 3:00 PM - 6:00 PM
➢ Open House - Stonehedges Golf Course - Sunday, April 25 - in honor of 50th Wedding
Anniversary of Lewie & Fran Sovocool.
PUBLIC HEARING
The Town Clerk read the Public Notice, which was duly advertised in the Town's legal paper,
the Groton Independent, on March 31, 2010 and on April 7, 2010, as well as advertised in the
Shopper on March 23, March 30, April 6 and April 13, 2010.
Town Board Minutes Page 5 March 9, 2010
Supervisor Morey moved to open the Public Hearing on Proposed Local Law #1 for the Year
2010 entitled The Town of Groton Land Use and Development Code, seconded by Councilman
Gamel, at 8:00 PM.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
Supervisor Morey - Tonight we are here to listen to all of your concerns. I ask that everyone
have respect for the person speaking and give that person the right to speak. We have to
remember that we are neighbors and we will always continue to be good neighbors. I would like
to suggest some rules for tonight:
1. When you come up to the microphone, please state your name and address.
2. Respect others' opinions.
3. Each person can only speak once.
4. No one can defer their time to speak to another person.
5. There is going to be a limit of three minutes to speak.
6. The Board is here to listen to all your concerns.
April, did we receive any written comments?
Clerk Scheffler - Yes, we did. We have an email from Robert Eckert III, in support of the Mass
Gatherings Section of the Code. We have a letter from Tompkins County Department of
Planning. They have reviewed all of our updates and their comments remain the same as those
stated in the February 17th letter. We have a response from the Town of Dryden, written by
Henry Slater, Director of Building, Zoning and Environmental Department, stating quite a few
parallels between the Dryden Code and the Groton Code and overall he thought it was good. I'll
read the last paragraph, "Groton appears to have applied their best analysis for future Town of
Groton Development guidance. I am taking this opportunity to congratulate the Town of Groton
on their effort and proposed land use and development code. It certainly appears to provide an
opportunity for Groton to best utilize its land assets in a most positive way." I have 10 emails,
basically written not in favor of the Code as written, especially the Mass Gatherings. These are
from Sue Bennett, James Case, Donna Simons, Phyllis Dague, Steve Simons, Joseph Bennett,
Katherine Wolf, Peter Clark, Sandra Swearingen and Lynn Swearingen.
Supervisor Morey asked for comments from the public.
David Norte - I just have a question. Is he the representative that put this together? Is there a
way I can have somebody explain what the initial purpose of this whole thing that started about 5
or 6 years ago; is there somebody who could explain the initial purpose of redoing all the
zoning?
Supervisor Morey - The last time it was reviewed was 1992 and we felt that we should review
the whole code to make it a modern, easily read document that we could go to so everybody
could understand it. That's the reason why we did it.
Peter Clark- I'm against the proposed zoning code as drafted. I object to the proposed rezoning
of our property. I object to the splitting of a single parcel into two land use classifications. I
object to viable agricultural land being zoned residential. I object to the taking of value by the
Town of Groton. If approved, the new code will restrict the use of my land. Farm owners with
adjacent property will be permitted uses that will be denied to me. There are discrepancies in the
application of the proposed zoning changes. Our parcel will be the largest parcel zoned as Low
Intensity in the Town of Groton. Another parcel in the Peruville area has had its frontage on Old
Peruville Road rezoned, but the balance of this 125 acre idle farmland remains Rural Agriculture.
Town Board Minutes Page 6 March 9, 2010
One of the arguments for the rezoning was to follow lot lines. It wasn't done on our parcel and it
wasn't done on parcel 9 in Peruville. How likely is it that someone, even myself, would want to
use our land for a restricted purpose? Well, I spent the first seven years of my professional life
doing research and product development in solar heating. I taught this material to students at a
major university. I could easily resume that line of work. With Rural Agricultural zoning I
could establish an enterprise for research, testing and development. If my property is rezoned, I
won't be permitted to do that on my property. As a separate issue, I object to the specific
wording of the mass gathering land use provision. The mass gathering provision was drafted to
address concerns of those in my neighborhood. It has failed to do so. I and others seek the
peaceful, quiet enjoyment of our rural properties. When I first spoke before this Board I was
strongly urged to set a number that I thought was appropriate for mass gatherings. Despite
giving that much thought since then, my answer is really the same, the number is not the issue;
the issue is how will my life be affected. Thank you.
Supervisor Morey- Thank you, Dr. Clark. Next,please.
Sue Bennett - We brought you a neighborhood petition last year in September about the music
festivals that were being held in our rural agricultural neighborhood as we needed some kind of
regulation to prevent the disturbance and the unsafe conditions. As you are aware, we have hired
two attorneys, Scott Chatfield of Marietta and Paul Tavelli of Ithaca. Mr. Tavelli was supposed
to be here tonight to address you but he was called away for a court case and can not be here.
We are asking that you make two simple changes to the mass gathering proposal that you've
created, which will only make it stronger and protect our rights to a peaceful and safe
neighborhood. Please change the definition of mass gathering to commercial mass gathering and
drop the 350. This will tighten up your proposal without affecting social activities like
graduations, weddings, that you've been so concerned about. I do have a copy of the letter that
was sent to the Town's attorney and I would also like to bring something else to your attention
that on Monday, Mr. Eckert blogged on My Space that his next festival is already scheduled for
the second Saturday in September. Does he know something that we don't? I have commented
before that there is a perception that there is an improper relationship between Mr. Eckert and
someone or somewhere in all of this and it certainly appears that way. And here's a copy of the
blog.
Supervisor Morey- Thank you, Sue. Next, please.
Katherine Wolf - I did send you an email and this is an augmented thing that I worked on
afterward. I am against the proposed Groton zoning code as it is written. I object to the specific
wording in the mass gathering land use provision. It is certainly not in the best interest of the
residents of Peruville to whose problems it was written in response. It is not in the best interest
of the Town in general. Though the Peruville problems are specific, they are an example of what
could happen anywhere in Groton. The residents of the neighborhood have come out repeatedly
to let the Town Board know that they are negatively affected. Similar situations would
undoubtedly bring out the residents of other neighborhoods in protest. I am troubled by the
Board's proposed removal of the following wording from the regulations regarding appeals filed
by a party aggrieved by an action of the Code Enforcement Officer. These are words that are
proposed to be removed, "A party other than the applicant may be aggrieved by the issuance of a
building permit if they are neighboring owners or nearby residents." If I read the regulation
correctly, the Board's not actually removing neighbor's right to appeal. However, the code as it
stands explicitly recognizes and gives weight to a neighbor's special interests in which he or she
resides. This recognition and encoded weight is important and should be retained. More
Town Board Minutes Page 7 March 9, 2010
specifically, and even more personally, I object to the proposed rezoning of 2/3 of our property.
I object to the zoning change as having a negative impact on our quiet agricultural use of our
land. Quoting from the draft code, "The legislative intent of the low intensity district is to define
and establish standard regulations where residential characteristics are dominant, where a low
intensity predominately residential land use is considered appropriate and where careful planning
of non-residential development is needed to promote safe, environmentally sensitive and
desirable development patterns." Our land is a working farm. I do not see the purpose in
changing its zoning so that careful planning of non-residential development is needed and we
would have to rely on the right to farm provision to continue and expand the agricultural use of
our land. It is not as if there is pressure for housing development in Peruville. No one has
approached us to buy our inaccessible or any other acres to develop them. The change is also ill
conceived and I wonder if the Board has any knowledge of the character of the land they propose
zoning as residential. Apparently the official maps do not label the flood plain, but it is there.
Had anybody on the Board bothered to talk to the owners of the property, they could have taken
them down to the flood plain and they could have enjoyed walking knee-deep in water and mud
in the area they apparently think is appropriate for housing. The land north and south of the
flood plain is steep. Most of the land is inaccessible and would require the building of roads and
at least one bridge to provide access. There is other accessible and more appropriate land in the
area that is not proposed to be rezoned residential. I understand that the Town is not under a
State legal obligation to directly notify landowners of their intention of changing the zoning of
their land. I understand that the only requirement is that their intentions be published in a legal
notice. However, it would demonstrate the Board's good will and their intentions to benefit and
protect resident landowners if their policy of practice was to directly notify such land owners. In
a town this size there is neither a large financial or time commitment to provide such
notification. In a town this size it is possible to look at a map and see real people as well as real
property.
Supervisor Morey- Thank you, Katherine. Next, please.
Cliff Norte - I didn't start reading until last night. I went through it pretty well but at 173 pages
it takes a little while to digest all that's in there. I find several areas of concern. The junk
vehicle law doesn't make any provisions for antique or collectable vehicles. I'd like to keep all
my cars and parts in buildings but every time I put up another building the taxes that are already
the highest in the nation go up some more. I attempted to solve that problem by putting my
vehicles in what I guess we're calling portable storage buildings. I'm not real clear on what
those are but I find somewhere in the document where we're only allowed 2 per property and I
have about 20. My property and the property east of it has been agricultural for as long as I can
remember and I haven't been here as long as a lot of you folks that have been born and raised
here, but I've been here a good long time. I remember the stories about Murray Larson growing
potatoes on my property. I haven't checked the old map to know whether my zoning has been
changed but I am proposed to be in a residential, I didn't want to read this all to you so I've
missed some of the technical terms, but at any rate, my property is not going to be in an ag
district under this proposal and it is definitely being farmed, as are the two properties east of it.
West of me, where there's small lot sizes, a group home, no visible agricultural activities, and
they find themselves in an agricultural district. So, I don't understand that discrepancy. Another
concern is if the town uses the FEMA or flood insurance maps that are included in the packet,
my experience with them is that they are poorly done; they're not scaled right; nobody has done
any site inspection; I don't know how these were generated. But if we follow these maps we're
going to prevent people from building in areas that have no chance of being flooded and I'd be
happy to take anyone out and show them an example of property that I own. In closing, I find it
Town Board Minutes Page 8 March 9, 2010
to be excessively restrictive, cumbersome, hard to read and understand. I think it's going to be
pretty difficult to enforce. I don't know how many more people you're going to have to hire and
put on the payroll to go through this 173 page document. I think it's anti-development. I know
we're trying to have controlled development and I can appreciate that, but I think it can be
construed very easily as anti-development and it's detrimental to personal property rights. It's
the taking of, as someone else stated, it's the taking of our personal property rights which are
very important to me. It's a taking with no compensation. Thank you for your time.
Supervisor Morey- Thanks, Cliff. Next, please.
Sandy Swearingen - I would like to express my opinion of disapproval of the Town Board about
the mass gathering proposal as it is currently written. I feel that the change to commercial mass
gatherings and dropping the 350 is more suitable for all parties concerned. As Mr. Gamel said,
he wants to protect everyone's rights and this is the Board's opportunity to do just that. I'd also
like to clarify something, when April was reading the different emails and letters, I think it would
only be fair for the people here to know tonight that the County did send three letters to the town.
They had some serious concerns about the proposed ordinance and that they would have a
negative impact. So, I think the people should be aware of that.
Supervisor Morey- Thank you, Sandy. Next,please.
Robert Eckert - I've been thinking about this mass gathering permit thing, and it's all cool and
all, don't get me wrong, but you've got to remember mass gatherings are what you guys are
proposing here. It's got to hinder the shooting range up here that we've got. You know, are
these guys going to go up there and get a million dollars worth of coverage and security guards
up there? Or maybe the golf course? Maybe you guys should talk with those guys a little bit.
What these guys are saying for just commercial events, doesn't that actually make this more
lenient, to be able to do this every weekend? I mean, for what these guys are proposing, it's got
to be a commercial event, right? So, who's to say you can't have a party with a couple thousand
people there or something like that? You never know. Well, yeah, if you do it for no admission,
then why not? I could do it every weekend if I wanted, or every day, or every night, 24-7, what
the heck. What I think it is, I'm not exactly sure what the cure for this thing is or what the
complaint is. I don't understand what the complaint is. These guys don't like to have a good
time, I don't know what to tell them, you know, but I do. And I want to benefit the town and I
want to do a lot of things for charity and this is the only way that I could possibly do it. I want to
see everybody make out good. And what I think these guys ought to do is maybe spend their
efforts and time into the town like I'm trying to do versus trying to fight everything else. Spend
your time and money into helping the town out. That's what I'm trying to do. I understand that
these guys are really trying hard to do whatever they're doing, and you guys are trying hard to do
whatever you're doing. It's all, I just don't have any solutions to it. Every time I try to talk to
Gary about, because he told me about the letter and stuff, and I would think of something and I
would tell Gary about it, and I don't have any connections here at all,just to let everybody know.
I'm on my own. I'm the sole proprietor of my own thoughts. That's just the way I am and I'm a
free person and I really speak my mind and I don't hold any grudges or anything bad or what I
do or anything else. If you guys have a problem with something like a time thing or something
like that, ask me. If I'm not doing something right,just ask me and I'll be more than happy to
help whatever I can out. But this mass gathering thing's like crazy. The more I keep thinking
about it and the more I talk with other people, there is no real solution because of the businesses
that are in the town. You can't restrict it to commercial because you've got too many other
businesses that could have the 350 people that aren't going to go out and get a million dollars
Town Board Minutes Page 9 March 9, 2010
worth of coverage and go out and get the security guards and go out and get the port-a-johns, and
go out and get the hand washing stations and the potable water or whatever. I've been thinking
about it a lot and there is no real solution. The permit that you guys are thinking of, that I know
you guys have worked so hard on, is good and all, but isn't it more like on your honor sort of
thing, more or less? You've got to go through the Planning Board; I would; I want to make sure
everything's legit;just like every other festival that we have. Like Olde Home Days down here,
just like that, that's all I'm doing,just like that, except I'm not the greedy patron out there that's
going to be wanting to freakin' collect everybody's money and put it in their pocket. I want to
do some good for our community and I'm not going to let certain people hinder that. My intent
is to help this community out as much as I can and I guess that's pretty much it.
Supervisor Morey- Thank you, Mr. Eckert. Next,please.
Steve Simons - This isn't a forum to respond, I don't think,back and forth for things, but just for
a point of interest, Mr. Eckert, I did put a lot of time in. I spent 20 years in the Groton Fire
Department. I spent 9 years on.....
Supervisor Morey- Can you direct your comments to the Board,please?
Steve Simons - Well, I'm just saying that I've put a lot into this town. I think a lot of people
have put a lot into this town. I think that's kind of a little bit of a slant, or kind of an egregious
remark there. But I think, looking at what we're trying to do here, the things that have been
brought up, whether it's an established business or somebody who's trying to put on some kind
of an ad hoc festival. I guess I have to ask one question is, the 350 people limit, to me, again, I
guess I don't know where you came up with that number. 200 would have been plenty. We've
made suggestions on ways you can rewrite or change things to exclude the family outings. The
commercial venture or commercial type of event, I think that would pretty much cover it. And
as far as writing that commercial line into the mass gathering ordinance, it pretty much would
restrict anything, because if you leave that in with what you already have in there as far as a once
a year event along with all the other restrictions, I think that would kind of cover what we're
trying to get to here. I think the biggest thing, as Mr. Gamel said last time, that you're not trying
to restrict farmers and you're not trying restrict agriculture in this township, I think from what
we've heard from other people outside of the mass gathering thing, there's quite a few questions
on what you're going to restrict here. I think that addressing that issue, if you're going to do that
you might as well throw the whole zoning thing out. Right now you have restrictions on
building heights. Why would you want to do that? I guess I don't understand where you come
from when you say you don't want to restrict anybody and yet you've got these restrictions on
things in an agricultural area. So, some of your comments just don't make sense on what you're
trying to do. I think in what we've heard already here, that this zoning ordinance needs to be
really rethought, re-looked at and I think the mass gathering thing needs to be completely
rethought. If you guys were under the influence, if you had someone in your backyard blasting
things all weekend, all day long, half the night, I still think you would look at it in a whole
different light of view. Thanks.
Supervisor Morey- Thanks, Steve. Next,please.
Joe Bennett - I just want to reiterate that I'm opposed to the way the ordinance is written,
specifically the mass gathering. I don't think that it will effectively protect the neighbors, their
lifestyle and their property values. I think that over the past few months a lot of the people who
attended the Town Board meetings have given valid recommendations that could resolve this
Town Board Minutes Page 10 March 9, 2010
issue and have pretty much everyone satisfied. With that said, I'd like to comment on things that
happen already in the Village of Groton, and to my knowledge the Village of Groton already has
a noise ordinance, but the Olde Home Days, fireworks, winter carnivals, all those types of events
happen successfully with a noise ordinance. So, I really don't understand the objections to some
type of noise ordinance for the town. My final comment is actually a question. I see on the
agenda, item six, says action on public hearing Town of Groton Land Use and Development
Code. So, are you voting on this tonight? I just wondered if you could explain what the
procedure is from this hearing on.
Supervisor Morey - Well, actually no, we're not going to vote. I just put that down there in
case we were going to vote, but we're going to take time to consider all of these comments
before we take action.
Joe Bennett- So, how will the public know when you vote? Will there be another hearing?
Supervisor Morey - We don't know yet. If there's going to be a change to the code, we're
going to have to have another public hearing.
Joe Bennett - So, if there's not, the only way we know whether it's passed or not, it will be
how?
Supervisor Morey - It will be next month at the SEQR meeting. Anyone else? McCarty's?
VenBenschoten's? Yes, sir.
David Norte - A lot of the stuff that's been talked about tonight seems to be normal zoning
concerns. That's what the zoning board is for. I have a concern with the whole comprehensive
plan as a whole. I guess I get just a little bit bristly when I feel like there's a collective of people
talking about what's best for my land. That's my part of the earth I own. I don't need the whole
deciding what's best. I remember getting the zoning comprehensive plan five years ago,
roughly, when I lived in the village. I instinctively didn't like it. It feels like collective thought
to me. I'm an individual. I understand there has to be laws; I don't want lawless things. You
said we need to update zoning. I don't feel like that's exactly what's going on. Dryden did
comprehensive planning; Ithaca did comprehensive planning. It feels to me like they're trying to
make some type of utopia through planning through my property. Now, it's my land. I just
don't like it. Some of the other stuff that was talked about tonight, that's perfectly appropriate
for what zoning boards are for. Those laws have been on the books for 50 years; that's perfectly
fine; that seems like a side thing to me. This comprehensive plan stuff, I don't like that. I got to
watch the village do the same type of planning when they decided to annex a bunch of land
outside the village, let's buy up that, and look what that's got the Village of Groton. People with
the best of intentions over extending what they should be doing. That's my land. I haven't read
through this thing. I don't know if I have one problem with one specific thing in here so I can't
point to one thing that I have a problem with. I'm sure a lot of it is best of intentions but there's
zoning laws on the books right now that are not even being enforced. I don't like
comprehensive; it seems like collective thought to me. I'm a private property owner. I don't
need other people deciding something on the map what David Norte's property should consist of.
I don't like it; it makes me bristly; it's my property. Like I said this stuff is perfectly normal;
that's what zoning boards are for; one neighbor wants to do something with another. But this
comprehensive plan that's completely different from what they're talking about tonight. I'd like
to hear more about what that's about. It feels like there's a side agenda with this comprehensive
plan that I want to have articulated to me. What's the grand scheme here when you had
Town Board Minutes Page 11 March 9, 2010
somebody from out of town that came to all these towns around and decided, hey, I can make
your town the greatest, let me just draw up a plan for you? How much did this thing cost the
town? I mean how many lawyer hours are in here? This is ridiculous. These laws are on the
books already. It's just strange.
Supervisor Morey - I believe it's very little lawyer time that went into this. Thank you, David.
Next, please. Anyone? Anyone from the Planning Board or ZBA? Steve Thane, you had some
corrections, some typographical errors at the meeting the other night?
Steve Thane -Well, they were mainly words that may have been omitted.
Supervisor Morey asked that Mr. Thane send them by email.
Paul Fouts - I have just a couple of things. One on the mass gathering thing. There's been two
events on our farm. One that was done more than once was a barn dance that usually exceeds the
350 people, so I'm not sure how that affects that. The other was the Farm City Day on our farm,
which also exceeds 350 people. I'm not sure how it affects that. When it comes to a regulation,
a lot of times it's because somebody did something that bothered someone else, I guess, and
unfortunately that usually comes across as something needs to be generalized and hurt somebody
else. So, I'm not sure what the answer is on that. To address a little bit on what he commented
on, I happen to be on the zoning board and a little bit of this is to address some of the zoning
code that's there that's outdated, some of the things that come across the board such as height
limitations. You know, vehicles change over time and things have to be changed. It's good to
look over it periodically and change what needs to be changed. That addresses a little bit of what
he says is that when things come across our table frequently it indicates that there has to be a
change.
Supervisor Morey- Thanks Paul. Anyone else?
Ed Scheffler - I apologize that I haven't taken more time to read through this but I would like to
comment, in reading through it, it is a long document and I was trying to read this and the Groton
Right to Farm Law and compare that with the New York State Ag and Markets Right to Farm
Law. I'm a little confused but I would like to state that agriculture farming is permitted by right;
agriculture commercial enterprise is site plan, which means that it comes under regulation of
some sort. I believe that, I'm not sure if you would consider farm retail as agriculture
commercial enterprise or not. I feel that it should come under the agriculture farming and be
allowed by right and not come under regulation. There's a massive movement afoot for people
to come directly to the farm and purchase their food. They want whole, fresh, raw, unprocessed
food, purchased locally. It's good for the community; it's good for people and I would like to
see that preserved. And again, part of my comment is that I'm just a little confused about the
three documents and I'm just trying to put them all together. Thank you.
Supervisor Morey-Next,please.
Joan Packard - I just wanted to mention that I think this meeting should have been publicized a
little better. I didn't even know it was going to happen until I happened to be at a meeting on
Sunday and talked to somebody who said the meeting was tonight. I just feel it should have been
publicized a little more. I have read through a little bit of the document, but nowhere near as
much as I should have, so that's just my only comment.
Town Board Minutes Page 12 March 9, 2010
Supervisor Morey- Thank you, Joan. Anyone else? No one?
Supervisor Morey moved to close the Public Hearing and return to Regular Session, seconded by
Councilman Sovocool, at 8:41 PM.
Ayes - Sovocool, Scheffler, Gamel, Clark, Morey
Supervisor Morey - We need to take some time and consider all the important issues that were
addressed tonight. Do you want to meet next Tuesday to discuss this?
After some discussion, a Work Session was set for 6:30 PM, Tuesday, April 20, 2010.
It was decided not to schedule a public hearing for State Environmental Quality Review (SEQR)
for the May meeting. Attorney Casullo advised that the Board take time to consider all
comments and make sure that the draft is in its final form before setting a public hearing for the
SEQR. If any significant changes are made to the draft, another public hearing will be needed
for that.
There being no further business, Councilman Sovocool moved to adjourn, seconded by
Councilman Scheffler, at 8:44 PM. Unanimous.
April L. Scheffler, RMC
Town Clerk