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 :
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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 .
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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 .
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PLANNING BOARD MEETING -4- July 16 , 1985
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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 .
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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