HomeMy WebLinkAbout1985-Januray_15 TOWN OF GROTON
PLANNING BOARD
. Tuesday , January 15 , 1985
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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 .
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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?
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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