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HomeMy WebLinkAbout1985-Januray_15 TOWN OF GROTON PLANNING BOARD . Tuesday , January 15 , 1985 I BOARD ( *Present ) : G . Totman* , Chairman , R . Gleason* , Vice -Chairman N . Ostrander* , Core Secretary Co Twigg* M . Post* J . McNeil G . Totman opened the meeting at 8 : 09 p . m . Minutes of the December 18 , 1984 meeting were approved as presented . The Groton Town Board has requested that the Groton Planning Board hold Public. Hearings on proposed • motor vehicle repair shops instead of using the short Site Plan Review procedure . . At ' the 12/18/84 ' meeting a ,request for a Motor Vehicle Repair Shop presented by Mr . . O ' Brien was turned down because of a problem with the Town Board on the junkyard issue . ***copy of the ,letter sent . to : Mr . ' O ' Brien by G . _ Wood , Zoning Officer , was given to each member to .' read*** . G . Totman : ( refering to Public Hearings for Motor Vehicle Repair Shops ) Apparently some people are concerned because there is a Zoning Ordinance and all of a sudden . somebody has a permit for a Repair Shop and they knew nothing about it . It is our perogative to do it the way we see fit ; but it ' s the request of the Board that we go with a Public Hearing . , M . Post : .I think - it is a good idea for consistency . N . Ostrander : I have a _ question on the Application for Land Use Change . Could we make a simple list, of - what to do for the new Ordianace ? M . Posts We talked about that once ; furnish a matrix of what is required . N . Ostran.ders It would make it easier to follow the procedure . G . Totman : We seem to be in the same position as the •County Planning Board at their last meeting , there really isn ' t much going on . There is nothing new to bring up tonight or anything new to start on . R . Gleason : Do we having anything from Mr . O ' Brien? "' •.,, G . Totman : I have received no request from him . R . Gleason : Why 'I ask is in the letter to Mr . O ' Brien from Mr . Wood it says he should attend this meeting with a detailed Site Plan . PLANNING BOARD January 15 , 1985 N . Ostrander : It also says he should plan to attend the February meeting . G . Totman : The New York Association of Towns meeting in New York is the same time as our February meeting . This is a Public meeting and if we are not going to have it , it has to be advertised . If its agreeable with the Board , we. can cancel the February meeting and if ' something comes up we will call a special meeting . . C . Twigg : It might be worth it for someone to send Mr . O ' Brien a note specifically telling him the meeting is going ' to be canceled or . 'changed . G . Totman : I will get in touch with G . Wood -. and see if he is planning to talk with Mr . 0 "Brien . In the letter Gary says ' you should attend the January meeting ' . If he is not coming to this meeting we won ' t have the site . plan in February . If something comes in we can hold a special meeting the ' week before or the week after February -19 . . M . Post and R . Gleason : The 12th would be a better date : 'G . Totman : Mr . Nesbitt brought up a question about the Barber Sub-division at the December- meeting . I think he . was interested in learning of any - specific stipulations to the Sub-division . I pulled the file and notified hik .he ;could come into the Clerk ' s office and read it . N . Ostrander : . I2went to Brown Rd . the other day . You could hardly see the houses from the road . The ' area is cleared out and looks good . Roger Gleason excused himself as a member of the Board for the following discussion : R . Gleason : You turned down an Agricultural Sub-division I submitted: a couple of months• ago . I had my lawyer check it out :, -� nThere were two parts - to - it . One lot - does not have 200 footrfrontage . The . other was , the ;abusiness of a strip . . G . Totman : The letter sent to Roger stating the reason for the non-approval was verbatim from the Ordinance . R . Gleason : ' access from property sub-division to neighboring property ' my lawyer interprets this to mean a strip to be onrthe edge of the � sub-division . One in the area preserved to4 .prevent a person . in the sub-division buying adjacent property .-, and having it contingent . He did not think the, right-of-way . I - had".would be a Reserved Strip . a M . Post : I .think I understood what you said about the first part ; but the second part . . why would we want to prohibit a reserved strip within the confines of a sub-division? - r i PLANNING BOARD - ' January 15 , 1985 R . Gleason : Since then there is the possibility of selling it to the person owning land adjacent to the third parcel ; but we would still need the right-of-way to get to the property . There are high banks on the adjacent side . Consequently , I still require the right-of- way . C . Twiggs I. don ' t understand why you can ' t have the right-of-way . We are calling this something that it ' s not . G . Totman : The Board did vote on it . When you vote something down in the Ordinance , in order to bring it back up you need to resubmit it . The other alternative is to go through the courts . A sub -division approval is up to the Planning. Board . You don ' t have the right . .to . go to the ZBA with it . I checked with J . Fitzgerald before hand and he read the Ordinance also and says you can ' t change it . The other thing I thought was I could go - back and get with Teresa and Fitzgerald and talk with them and go back over it again to see if he has any suggestions or to see if we did something wrong or what . The thing is , once the Board makes a vote it is done with . It has to be resubmitted for any further vote . R . Gleason : q The " thing. I , understood , talking with Fitzgerald , was you could issue it , approve it with stipulations the third lot not be used as a building site . Maybe . I . misunderstood him . M . Post : Could . " ould you� divide "it into three •peices of . property and put in deed of first two pieces a right of , way on the third part? R . Gleason : It doesn ' t make any difference to me how it is worded . G . Totman : That is a reserved strip of land . C . Twiggs That is not a reserved strip . A reserved strip and a right- of- way are two different things . G . Totman : 4 I think we may have 'interpreted that thing wrong . I see what Roger;. is talking about . I ''m going to talk to the Town Attorney T . explain everything we discussed to him and see what course of action he thinks we should take . M . Post : Ask him the definition of a ' reserved strip ' and the definition of the ' right-of-way ' . R . Gleason : q, The point I ' m trying to . make is wer are either reading this wrong and interpreting it wrong or we have a fundamental problem with the ordinance and should get it changed . . R . Gleason made motion meeting be adjourned ; C . Twigg seconded motion ; all in favor ; meeting ' was adjourned . ' The next regular meeting of the Planning Board will be the third Tuesday in March ( March . 19 ) ; and a Special Meeting will be called February 12 if any business comes up before. 'then . Respectfully submitt d , Marg t A . Palmer