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HomeMy WebLinkAbout1985-07-16 TOWN OF GROTON PLANNING BOARD Tuesday , July 16 , 1985 BOARD ( *present ) OTHERS PRESENT George Totman* , Chairman Gary Wood , Zoning Enforcemet Mike Post , Vice Chairman Officer Nancy Ostrander , Cor . Secretary Roger Gleason " Cecil Twigg* Monica Carey* Verl- Rankin* G . Totman , Chairman opened the meeting . Minutes of the May , 1985 meeting were approved as presented . Proposal by ROGER GLEASON for an . <<_. .: .Rural Subdivision on Old Stage Rd . , Town of Groton . Proposal was reviewed by the Board members ; questions were asked Re ,�;Gleason to clarify Proposal . - requesting a Rural Subdivision - 5 parcels of land at 5 acres each - 3 parcels have previously been sold in the track of land - location is the corner of Clark St . and Old Stage Rd . to the south west - road frontage was found to be adequate - 3 to 5 lots are included in a Rural Subdivision - problems date of previous sale . of parcels from the track - Tax Map No . 121 - 1 -21 . 2 is approximately 280 acres - sale of these parcels will sell off the section of land referred to in . No . 4 above . - rest of. acerage goes north , east and south ; including across the road - approximately 25 acres remaining in the southwest portion of tax parcel requesting for subdivision R . Gleason will return to the August 20 , 1985 Planning Board meeting with the proper papers filled out . Site-Plan Review SHERRY O ' BRIEN , Sharpsteen Rd . , Town of Groton for a Motor Vehicle Repair Shop and Used Car Sales . After reviewing the application and going over the sketch plan for Sherry O ' Brien Cecil Twigg made the motion to approve the application by Sherry O ' Brien with the stipulations in the letter previously sent to him to be complied with ; M . Carey seconded the motion . VOTE : All in favor Motion carried . G . Totman mentioned the Board had been running with one member short . In order to be removed from the Board Jim McNeil must write a letter of resignation so theTown Board can appoint a new member to the Board . PLANNING BOARD MEETING - 2- July 16 , 1985 Date of the Town of Groton family picnic was mentioned as Sunday , August 4 . Discussion of adding on to a non- conforming facility and/or mobile home : C . Twigg read a letter sent by Gary Wood to C"cQ concerning ' we consider the manufactured expansion =:portion of the home in calculating the required floor space but not the addition , which has been built on . This unit would not meet the requirements ' . I thought that if a person had a too small of a trailer and they put an add on one it , that was the same as building their own . That meant that that was part of the floor space . G . Wood : That is not what I have been told . G . Totman : It was discussed once but it was never changed in the Ordinance . G . Wood : If you look back on that , the Ordinance is not clear on that . Teresa feels strongly that you keep the undersized mobile homes out . G . Totman ,*N The purpose of that is so you don ' t get a lot of shakes being built . If somebody brings in an undersized trailer and starts building Willie-nillie shakes on it , all of a sudden you have a neighborhood that . . . . V . Rankin : I supposed that the. Ordinance said that you couldn ' t move a trailer on unless it was so many square feet . G . Woodv- The question is , What is the trailer? G . Totman : What Verl is saying is when a trailer comes in it has to be so big . What if the trailer was there before the Ordinance and now they want to put an addition on : i G . Wood : I guess I would permit that . G . Totman : Technically you can ' t add on to a non- conforming ; you can keep j it non''=conforming but you can ' t change the non-conforming . G . Wood : When you speak of non-conforming you are speaking of non-conforming with the .Zoning Law and this is the Mobile Home Law which is a different item . If somebody had an undersized mobile home , and wanted to build an addition on it , I would permit that . In all of these things , incidentally , I am subject to your guidance . V . Rankin : The intent of the law was they could leave the non- conforming trailer there . but they can ' t do anything with it . If they want to do anything they can put a newer one or bigger one on . G . Totman ; When I read the letter Gary wrote that was the . way I understoo&' .7; the` Ordinance , also . V . Rankinv To conform , you put one on that conforms with the Ordinance . I PLANNING BOARD MEETING -3- July 16 , 1985 ' G . Wood : I can go along with that . C . Twiggs , , You ' re talking about something that was non-conforming before L the Ordinance started . You ' re not going to have a community of those things if it is just the ones that are here adding on . V . Rankin : Don ' t let them add on . When it gets to the point where they can ' t live in that one anymore you put one in there that they can live in . G . Woods That is the approach I took but theTown Board granted them a variance . When you look closely it . is a scary thing . He has an electric service out on the pole and when I first went up there he had extension cords running to the home and out to thegarage in the snow . The connection was down in the snow . He has a wood stove with the pipe coming out of the side of the trailer , just a plain stove pipe . The side of the trailer is black and the ground 'is covered with creosote where it has run-:. down . The net result was the whole operation is contingent on the new electric service , new wood stove installation , getting the two trailers put together , getting the shack that was out back out . The Town Board approved with the stipulations these things be done . G . Woods LOUIE WOLFE called in response to a letter sent to him by Gary Wood , stating : ' that now that you have applied for a DEC permit for the mining operation , the Town Permit is no longer any good . You will have to come back and get it redone . ' He called and said they don ' t have the DEC permit and aren ' t sure they are going to get the DEC permit and even if they do they aren ' t going to take off more than a 1 , 000 tons . The Town Permit was worded to say it was valid as long as he did not apply for a DEC permit . G . Totmans , , He has a Town Permit to take out 1 , 000 yards . Reviewed Planning Board minutes of October , 1984 for application of Louie Wolfe and ;Richard Tillitson for a Barrel Pit(, Found that a Special Permit was issued with no conditions on it . G . Totman : We have to go with what is in writing . We now wait to see what he is going to do and if he does start doing anything other than is in writing , we have to notify him if he does not come to us or cite him for violations . C . Twiggs : When he applies to the DEC , why does that change the:-,Town Permit ? G . Woods Without a permit from ' DEC , nobody can mine over a 1 , 000 tons a year . When you passed this last year , I think you passed it with the understanding they would be mining less than 1 , 000 tons per year ; therefore they did not need to . go for a DEC permit . If they do go for a DEC permit , then that threshold is no longer there . I PLANNING BOARD MEETING -4- July 16 , 1985 I I C . Twiggs Then that automatically nullifies the Town Permit? G . Totmans ;, The record says that once he gets the DEC approval they,,-have to come back to us . In fact , I don ' t thiptk the DEC will approve I it until they get out approval . That is what they indicated to us on the one for R . Gleason . They would go through it and ask for a Lead Agency and suggest the Town be the Lead Agency and any rules and regulations the Town put into it , they would add into their pemit . That is what they did with Roger ' s . So I once they apply to'. -the DEC , the DEC would come back to, us saying that they applied and asking if we had any further comments . C . Twiggvc., That would halt his operation upon application for a DEC permit . 1 G . Totmans Not according to the record . C . Twiggs I don ' t understand why we would want operations halted during I the application . It may take a while . If he is doing this he must be wanting to mine more than the 1 , 000 tons a year . G . Woodsa �j To go back to what I said before , once he applies for a DEC permit , it would be prudent to also apply to the Town so when he gets one the other will be ready as well . As long as he only mines 1 , 0001 > tons per year he can retain the Town Permit , V . Rankine So he can still mine under the Town Permit when he is applying to the DEC ? G . Woods Yes . ROUNDS trailer was determined to be a non- conforming trailer but was issued a permit to put a new addition on it . To comply it . . should be 840 square feet . MSCRANTON has a building permit to build a garage and= #,o,rxeptace the mobile home . DENNIS WOOD ' s trailer is still on the lot . Gary has sent a note to Judge Walpole and it looks to Gary that in the last week or so they have abandoned the place . D Wood did appear in Court and was given , 60 days to remove the trailer , that was up about three weeks ago:, At the end of 60 days D . Wood called me and said his father was going to get it out' of there . I waited about a week then sent a note to Judge Walpole that the trailer was still on the lot and that something should be done . PLANNING BOARD MEETING -5- July 16 , , 1985 Discussion on ROGER GLEASON Rural Subdivision proposal : - how many 'years can go by after they sell a lot before it becomes null and void as being part of a future subdivision? Perhaps ask the Town Board to get an interpretation from the Town Attorney how we can incorporate it in the Zoning Ordinance so that we as a Board and the Enforcement Officer has something to , go by . Zoning Ordi-nance :-was enacted in 1972 ; Rural Subdivision was enacted in August 1983 , - Rural Subdivision - can someone buy pieces of land other than designated in the Site-Plan Review? Get approval as each parcel is sold off where lines don ' t agree exactly with Site-Plan? - At next meeting draft up proposal of putting a statute of limitations on length of time a parcel is sold before it becomes null and void as being part of a . future subdivision . C . Twigg brought up the question of requirement of- sa permit to build ' a patio on a house , one without a roof ; a slabfc�dr51deck . G . Wood commented things like that are removable , it is not attached to the structure itself . Building decks off the second story is considered a building permit required for governing the stability of the structure . C . Twigg made the motion the meeting be adjourned ; M . Carey seconded the motion . Meeting was adjourned . Next regular meeting of the Planning Board will be Tuesday , August 21p, 1985 • t-=,' , Respectfully submitted , VMaret A . Palmer