Loading...
HomeMy WebLinkAbout1987-01-20 TOWN OF GROTON PLANNING BOARD Tuesday , January 20 , 1987 BOARD ( *present ) : PUBLIC PRESENT : *George Totman , Chairman Gary Wood , Zoning Officer *Michael Post , Vice Chairman Jack Fitzgerald , Town Attorney *Nancy Ostrander , Cor . Secretary Richard Turner *Monica Carey Douglas Turner *Verl Rankin Betty Overbaugh *Cecil Twigg Leonard Adams George Totman , Chairman , opened the meeting at 8 : 30 p . m . MINOR SUBDIVISION proposed by RICHARD TURNER , Champlain Rd . , Town of Groton . Tax Map No . G . TOTMAN : You understand that this is an exploritory meeting so that we can understand what you want to do and what you have done , so that we can come up with what is agreeable with the Town Ordinance , As I understand it you gave one parcel of your land to your daughter . TURNER : Right TOTMAN : It has not made the records yet . TURNER : It is sold as far as I am concerned . TOTMAN0 Now on the other side of your house you want to deed another parcel to your son . TURNER : Right . TOTMAN : The problem is that the other parcel of land is only 150 fo© t frontage . It is 350 feet deep . We have to determine whether it is a minor or major subdivision because it becomes three lots . You have submitted the application which at our next meeting we will call a public hearing on it , like we had with Roger tonight . I would like the Planning Board members to ask any questions so they can prepare themselves for anything that might come up at the public hearing . OSTRANDER : Do you own the garage , right now? ( referring to drawing ) TURNER : Yes . OSRANDER : So that is why you want & that piece of property around the garage ? TURNER : It doesn ' t matter one way or the other . WOOD : What does matter , Nancy , is he can ' t go any farther towards the house , north , because of the garage . I think his answer was he does not care whether he gets that jog back . PLANNING BOARD MEETING - 2 . January 20 , 1987 TOTMAN0 How much frontage does the garage got ? TURNER : 24 foot . TOTMAN : That would make it 175 feet if you included the garage . ' WOOD : It would come closer to the Ordinance . RANKIN : Where abouts on Champlin Rd . is this ? WOOD : North of Rt 222 . TWIGG : This is John Beck ' s line ? TURNER : Yes , his line would be south of the property . The garage is on top of the hill north of Beck ' s property . The north lot is my daughter ' s , the middle lot is mine and the south lot is my son:_� s . OSTRANDER0 What is this that looks like a man sitting on a box ? TURNER : That is a swimming pool . RANKIN : You are on the west side of Champlin Rd . TURNER : That ' s correct . TWIGG : That garage is in an awful poor location . TURNER : I offered to move that but If..was told it would raise my taxes so I left it there . RANKIN : Is that right on the road ? WOOD : Yes , it is . TWIGG : The ZBA is the one that has to deal with this . TOTMAN : No , because it becomes a subdivision because = you';are dividing it into three lots . When I talked to Gary , Teresa and Colleen the other day I would have loved to have it go to the ZBA but according to the rules , when you divide a parcel into three lots it then falls into our hands . TWIGG : Then we approve or disapprove this ? TOTMAN0 We first have to hold a hearing on it . WOOD : You approve or disapprove that subdivision . TWIGG : Then it goes to the ZBA ? WOOD : No . PLANNING BOARD MEETING - 3 - January 20 , 1987 TWIGG : If we deny the subdivision then it goes not further ; but I did not think we had the authority to approve something that was not in the Ordinance , that is non- conforming . This 150 foot frontage is non- conforming . TOTMAN : Gary or Jack , correct me if I am wrong . In a subdivision , becaus the New York State Law says the Town Board can give the Planning Board subdivision plat approval , in that plat approval for a subdivision they can have lots smaller in size than required in the rest of the Zoning if they can see where they see fit to comply with the general intent of the Zoning Ordinance and they have enough land available to comply with the Health Dept . regulations . FITZGERALD : Basically , you cannot change the Zoning Ordinance . The Zoning Ordinance prescribes so many square feet per house and that is as far as we can go . You can ' t increase an Ordinance requireing so many square feet . What you are trying to do here , if you want to interpret that as approving a plat that would be tantamount to approving cluster housing , a minor variation in a Zoning Ordinance . That is not changing the Zoning Ordinance . It would be tantamount to giving a variance . TOTMAN : Supposing the guy has five acres of land and we say you can put - . houses on this land ; we agree with his plan but he only has 100 foot frontage , everything else complies with the Ordinance . You have to take the rest of the acerage of land and make it into recreation land . You can ' t sell it for anything else . So the whole square footage of the land is complying with the Ordinance . FITZGERALD : That ' s correct . You have the authority to do that . If you are interpreting this to be that , you would have the authority to approve the overall acerage ; what you are doing is some sort of form of cluster housing . `**TOTMAN : The Board usually meets the third Tuesday , the third Tuesday of February we will be out of Town . The regualr Planning Board meeting will be held on Tuesday , February 24 , 1987 at 8 : 00 pm and we will hold a public hearing at that time . OSTRANDER : Since • .this is your father ' s property , would there be another possibility of making another jog in the front , 25 feet into his property , to give you the full 200 foot frontage ? Looking down the road to the next people who own this would obtain the garage ; it would� eonform to what is -needed to comply with the Ordinance . TWIGG : If we approve it at this time , it will be conforming from now on , even to the next owner . The property goes back 315 feet . TWIGG : What do they need for the next meeting , anything more than this ? TOTMAN : Gary? WOOD : I come back to the question I posed to you earlier , it may be appropriate to decide this right now so that know what they are up against . I think , regarles of what you decide , in my opinion if he gets a suitable survey that deeds the two parcels ; in the course of that he may come close enough:= to becoming a major subdivision and you could accept it . My point is that in my PLANNING BOARD MEETING -4- January 20 , 1987 reading of the thing , I think this has to be a major subdivision because it does not conform to the Town plan . I think Section 202 . 1covers it . Starting at ' deviation of established Town policy ' The established Town policy is one acre of land with a 200 foot frontage as proscribed by the Town Zoning regulations . OSTRANDER : Do you know the acerage of this parcel ? TURNER : . 95 , the daughter' s is ` e . 9(, - TOTMAN : You have to prepare for the next meeting a surveyors map of the proposed division . WOOD : If I can pursue that just a little bit farther , George , this would then be their preliminary submittal ; the following month , after the public hearng , would make the final submittal at the March meeting . In answer to Nancy ' s question ( which is omitted due to more than one person talking at the same time ) the monumenting is only required , for the final plat so you could entertain something more simple , as the preliminary submittal at the February meeting . SITE PLAN REVIEW : Beauty Shop proposed by LEONARD ADAMS on Cortland Rd . , Town of Groton . TOTMAN : There has been a beauty shop there before . She ( BETTY OVERBAUGH ) is applying to re -establish the beauty shop that was there . According to the plans there is ample parking . OSTRANDER : You would have one station ? OVERBAUGH : Yes , TOTMAN : Gary , have you seen these plans ? WOOD : No , I have not . Who is the owner of the property? TOTMAN : Leonard ADams . WOOD : Who would run the beauty shop ? TOTMAN : Betty Overbaugh . It is classified in theRural Agricultural area . TWIGG : Anything is permitted there with a Special permit ? TOTMAN : Yes . TWIGG : There are no restrictions ? OSTRANDER : The category General Personal Services is permitted with a special permit . TOTMAN : Any other questions ? RANKIN * DOowe need a public hearing ? PLANNING BOARD MEETING - 5 - January 20 , 1987 TOTMAN : No , we can vote on it tonight . VERL RANKIN made the motion the Planning Board accept the Site Plan Review of LEONARD ADAMS for a Beauty Shop on Cortland Rd . , Town of Groton ; MONICA - CAREY seconded the motion . VOTE : All in favor Motion carried . PROPOSED MAJOR SUBDIVISION by ROGER GLEASON , northwest corner bounded by Clark St . Ext , and Old Stage Rd . , Town of Groton . TOTMAN : Do you want to talked about that tonight ? Approve it or disapprove it or hold off on it ? TWIGG : No use holding off on it . RANKIN : Looks to me like it could generate some tax dollars with it . FITZGERALD : The basic area that is going to support the units on there is already there . TOTMANa The thing I am referring to , and I sure they have it in writing , requires certain dollar value on the houses . RANKIN : The developer is the one to do that . FITZGERALD : Yes , but that is the wrong way to go about it if you are the developer . We found that out during the tremendous inflationary period :. It was too difficult to gues9what a $ 70000 house in 1956 /equivelant to in 1975 . What everybody is doing today is by square footage . A one story with minimum square footage and a minimum square footage for a second story . That is easier to determine and enforce . ' TOTMAN : If Roger says it is going to be at least $ 60 , 000 building cost and we accept that and request that he puts that into the deeds of the land , is that legal ? FITZGERALD : Sure , you are requesting it , you are not telling him . POST : We are not requesting that , he is =,volunteering that . TWIGG : Suppose we approve this , who has the authority to enforce the $ 60 , 000 value ? You said the developer can change that . We still have to enforce the $ 60, , 000 if we approved it that way? FITZGERALD : No , you can ' t do that . It is gratuitous on his part . You have an Ordinance which says that you have to have a dwelling conforming to 840 square feet . OSTRANDER : Can the Zoning Officer enforce it ? PLANNING BOARD MEETING - 6 - January 20 , 1987 FITZGERALD : No , it ' s the same thing . TWIGG : Then there is no use for Roger telling us what he is going to put on it . FITZGERALD : I suppose you could try putting some square footage on there . He is going to go along with whatever you put on there . TOTMAN : Suppose if we approve this and take Roger ' s word that he is going to demand construction cost of a dwelling unit to be $ 60 , 000 minimum ; we put that in there saying we are approving on Roger ' s suggestion that this is the way it is going to be ; being that it might not be totally bindging or legal , but it might hold him to keep it within that limit . FITZGERALD : Sure , you can ask him to produce his tract restrictons in advance . I think we have the general idea of what he is putting in the area . It goes - back to the econimics of it . If he is going to sell a lot , somebody is not going to put a trailer on a $ 10 , 000 lot . Once that first lot is sold that person has equal control , assuming you don ' t have the majority of the lot owners in the tract restrictions , until then Roger has total control of the area :. TOTMAN : Do you want to approve it tonight ? TWIGG : I don ' t see any othbr questions that might come up . OSTRANDER : The buffer was a good idea . WOOD : There are the SEQK'v requirements . The regulations say that no decision nor approve any action shall be made unless comply with SEQR requirements . FTIZGERALD : Do Major Subdivisions require public lands being set aside ? WOOD : Yes , they do . going down the check off list . FITZGERALD : You have to go through the check off list before you make a decision . WOOD : Before doing that you have to determine the environmental impact . FITZGERALD : Have they presented an Environmental Impact Study? WOOD : Yes , I think it has to be gone through and a decision made based upon it . You want to go to Part 2 . If you are in agreement , there are about 6 or 81pages that need to be gone through , the conclusion of which is the last page where you determine whether or not there is any significant environmental impact . First you have to determine if you are going to be the Lead Agency , then d6-,the environmental review and then determine if there is any significant impact . FITZGERALD : I believe you have in the regulations on a Major Subdivision has to provide for public recreation area or an alternative . What you ought to do is go through the check list and make a record of the fact that you are I PLANNING BOARD MEETING - 7 - January 20 , 1987 accepting an item or granting a variance or it does not apply and so on down the line . A record should be made of all the requirements for a Major Subdivision TWIGG : In the minutes from last month they requested omitance -;of the recreational area , I believe . WOOD : Isn ' t this the time to officially approve the preliminary plat with whatever stipulation , deviations °> or requirements you deem fit . TOTMAN0 That would come within the formal vote . He turned in the maps he was suppose to , he turned in his versione, .of SEQR . Are you telling us it is up to us to do another check on that ? WOOD : Let me answer you this way . I am not telling you anything , I am just trying to explain the way I see it . This article - . in the subdivsion regulation is copied almost verbatim from the State Law . That says that you ; the governing body , must make an evaluation of the environmental impact before coming to any decision . As part of that you require the applicant to supply information to you , that isocontained in .tPart l , of the form . In my opinion , you should go through Part 2 making your own evaluation of the potential environmental impact and then come to a conclusion . Once you have decided , for example , if you decide this major project has some serious consequences you would stop at that point and say to Roger ' prepare a draft pf the env�ron- mental impact statement ' / On the other side of the spectrum , / ®e hXo oHom of the list you ' ll say ' we believe this is an unlisted action ' and you can declare no significant impact then you can proceed with the subdivision . It seems to me that you have a list of a dozen different things that have to be included in this preliminary plat . For example , an actual field survey of boundary lines . It would seem to me appropriate to go down through this list and say ' we accept this ' etc . , etc . FTIZGERALD : For example , you have a regulation that requires monuments set at the four corners . The monuments have to be in or you are going ; to have to waive monuments . TWIGG : What they wanted approval from us ; in other words if we were going � to turn this down they didn ' t want to go to the expense of the next phase . What we want to approve tonight is approve things as far as they have gone so then they can go ahead and get the surveyors in . Our approval will be contingent upon their presentation of their final map . TOTMAN : Teresa , did Cornelius make any more comments to you about the road ? ROBINSON : If he wants help in constructing the road ; it has to be constructed to the specifications we have for the town roads . The Town Board has to accept it as long as it meets the specifications in the regulations . One other thing they were talking about . One of the spots on here was a low spot , he ' ll have to make sure the drainage does not damage the property next to it . TWIGG : That hole has been there for years . PLANNING BOARD MEETING - 8 - January 20 , 1987 ROBINSON : It will have a house near it now . TWIGG : I don ' t see that a house would make any different affect on drainage than it is now . ROBINSON : Once you get houses in the area the water doesn ' t always flow the same . TWIGG : It goes into the ditch , it doesn ' t go into the other people ' s property . FITZGERALD : Would you want a drainage easment here on the low spot to keep the area clean with a culvert ? TWIGG : The water can ' t flow up hill or west . WOOD : Is a 12 inch culvert big enough to carry the water off after the houses go on? FITZGERALD : You would have to ask Cornelius and the Town Engineer about that . I would think you would want an easment to maintain the drainage . TWIGG : Any water that is accumulated up here is going to go into the roadside ditch . RANKINI He has to do all this then the Town takes it over after that . ROBINSON : Anything that he builds that are not to our specks , he is responsible for . FITZGERALD : Before you can approve the preliminary plan you have to decide whether or not it will make an impact on the environment . WOOD : Tim Buhl went ahead and filled out Part 2 , you can agree with him or not but somebody has to make the determination at the end of that statement . FITZGERALD : This is what we should be doing tonight . Going down the check list and determining how many of these things are provided , which ones are not necessary , what still needs to be provided . TOTMAN : You have heard all the comments , you got the check list form , we have decided to postpone the February meeting to February 24 . Lets have a meeting before the February meeting for the sole purpose of discussing Roger Gleason ' s proposal . Do you agree ? sr:�xx Board members agreed . Special Meeting set for Tuesday , February 10 , 1987 at 8 : 00 p . m . TOTMANa In the meantime , what I ' d like to do tonight , if itLis legal and fair , give tentative approval if all conditions are met . The reason I say that is unless we find something wrong with the environmental impact statement he has something to go on to continue to the next phase . PLANNING BOARD MEETING - 9 - January 20 , 1987 FITZGERALD : There is no problem with that as long as he understands he has to comply with Section 202 of the Ordinance and if there is a negative SEQR . TWIGG : I see no problem with that . ****Board members agreed**** Minutes of the December 16 , 1986 meeting were approved on motion by Verl Rankin and seconded by Nancy Ostrander , George Totman reminded everyony about the Association of Towns Conference in New York City on February 15 - 18 , 1987 . Meeting adjourned at 9 : 45 p . m . Respectfully submitt d TOWN OF GROTON PLANNING BOARD Public Hearing , Tuesday , January 20 , 1987 , 8 : 00 p . m . PROPOSED MAJOR SUBDIVISION by ROGER GLEASON , northwest corner bounded by Clark St . Ext . and Old Stage Rd . , Town of Groton . Tax Map No . 121 _ 1 _ 21 2 • BOARD ( *present ) PUBLIC PRESENT : *George Totman , Chairman Teresa Robinson , Town Supervisor *Michael Post , Vice Chairman Gary Wood , Town Zoning Officer *Nancy Ostrander , Cor Secretary Jack Fitzgerald , Town Attorney *Monica Carey Roy and Thonda Dunn *Verl Rankin John Harrington *Cecil Twigg Dave Chatterton Gary Cornelius Roger Gleason Timothy Buhl John and Matilda Chamberlain John D . Heming GEORGE TOTMAN , Chairman , opened the Public Hearing by reading the Public Notice ( attached ) published 1/ 14/87 TOTMAN : The Hearing is now open to anybody who has anything they would like to express on this proposed subdivision . CHATTERTON : I would like to have some idea what the design of this is . Are we going to be able to inspect the plans or design of the proposed subdivision . I would like to know how close the proposed houses are going to be to the west boundary . *'Map of proposed subdivision was passed around for the people present to take note of location** BUHL : My name is Tim Buhl , partner in Resource Enginerring in Cortland , New York , I worked on the preliminary plat for Roger Gleason . What we tried to do with this plan is take the section that is basically north and west of the intersection of Clark St . Ext . and Old Stage Rd . and create a rural large lot subdivision . The average lot size is better than 12 acre , almost 2 acres ; there is a total of 9 : lots . most of which are along existing road frontage ; there are about 41lots that will be served by a new short section of town road , called ,a cul -de - sac . It is the intent here to maintain the rural character of the area with larger , pricier homes because of the large lots . PLANNING BOARD Public Hearing - 2 - January 20 , 1987 Roger Gleason We think the site is well suited to that type of project . WE could have gone with smaller lots but decided not to . The plat in front of you is based on a limited topographic information shot showing the roadway areas and drainage coming out of the property . We have , .- since this map was prepared , taken additional topographic shots of the whole area in anticipation of next phase of the project . We don ' t anticipate the roadway presenting any construction problems or there being any severe runoff from the project because of the low intensity and:,.minimun amount of grading that has to be done because of the existing roadways . R . DUNN : You there is more work coming up , you anticipate more projects coming up ? BUHL : What we have done now is we finally have the whole property surveyed ; we have surveyed the proposed road , the drainage etc . What we have done now is complete the survey of the whole property . That -,As as far as we have gone and that ' s as far as we intend to go . GLEASON : I have no plans now for future subdivsions . BUHL : The road grads at about 1 % to 4 % at the end ; I think the Town maximum is somewhere around 10 % . The new road will be built to Town specifications . CHATTERTON : You are going to change the lay of the land in the back on the northwest end of that and also you:'.-re going to fill in that low lot in southwest corner ? BUHL : The only low spot is in the southwest corner and I don ' t,_ think ,�,, much will happen here because this Lot No . 3 would be served by either the existing Old Stage Rd * or the short cul - de - sac . t The actual low spot is in the back corner of that lot and there is no -. reason to fill it . CHATTERTON : I am talking about :two -. thlings . a: That answers that one question . We now get some runoff from the ` -northwest corner ; now that is no big problem for us but if a house is put in there the lay of the land is changed . PLANNING BOARD Public A. Hearing - 3 - January 20 , 1987 Roger Gleason BUHL : We are maintaining a 200 foot buffer between here ; the houses themselves will not be all the way to the west of the project . I imagine most of the lots will be setback requirements from the short road . I think development will occur towards the center of the site . CHATTERTON : You are going to reserve 200 <`foot along our line ? GLEASON : If you want it , we can talk about it . BUHL : It gives us enough frontage to put another lot in there some day , if it happened ; but , I think , Roger ' s intent is to minimize any disruptions to adjacent properties or to sell the property . We were instructed to lay it out this way and that is what we did . To minimize any activity in this part of the site ( west ) . The major construction on the site will be near the roadways . CHATTERTON : There will be 3 ' .yhouses on each side of the new street ? BUHL : There are 3� lots along the new street , but the end lots may want to front on Old Stage Rd . CHATTERTON : Would you point ,-, out the main lots ? **3 along Old Stage Rd . frontage ; 2 along Clark St . Ext . ; 4 along new street -; 3 to the west of the new road ; 6 to the east of the new road* TOTMAN4 Are there any other questions ? R . DUNN : How will the other three get to their lots ? BUHL : Clark St . Ext . runs along,,-, those lots . CHATTERTON : Is it part of the Town of Groton regulations that that land has to be tested as far as sewage , drainage and so on and so forth . We would not suffer any . . . . . TOTMAN : That is up to the Tompkins County Health Department , BURL : If we are granted approval at this phase of the project we would go to the next phase ; which would include detailed boundary survey ' s of each individual lot ; on site soil perculation test to show the soil will accept septic systems . CHATTERTON : So if the Health Department does not approve you can ' t do it ? BUHL ; That ' s right . TOTMAN : Anytime the Town of Groton Planning Board approves a subdivision plat , it is always contingent on approval by the Board of Health . M . CHAMBERLAIN : What was the size of those lots again , r:: please ? BUHL : The smalles one is 1 . 5 and the largest is 2 . 1 . PLANNING BOARD Public Hearing - 4- January 20 , 1987 Roger Gleason J . HARRINGTON : Do I understand correctly that Mr . Gleason is going to build and develop the property and sell the houses ? TOTMAN ; As I understand it he is going to sell the land and someone else is going to build the houses . Is that right , Roger ? GLEASON : Yes . J . HARRINGTON : So in reality , we don ' t really know what is going on the land ? R . GLEASON : It was specified in the application there would be a minimum of $ 60 . 00 plus in construction value . J . HARRINGTON : Has the Town HIghway Department , or anyone else , questioned the three lots on Clark St . Ext . Particularly at this time of year , we are all aware of snow plow on that corner . A little later on in order to keep the road open he piles ;a7hgh drift on the west side of Clark St . to keep the road open . I was wondering if there was any other possible configuration you could use . TWIGG : Mr . Cornelius has looked at that . ROBINSON * - He looked at it mainly in view of the cul -de - sac . TOTMAN : We had a preliminary meeting a month ago and Corny looked it all over to see if he had any comments or if he was against any part of it . I think , please correct me if I ' m wrong , Corny ' s comments were from looked at what you see here , was that if they comply with the Town REgulations on the road that are going to build , he did not see any other problems . I can only answer for what he said at that time . BUHL ; The business with the snow plowing , he can pile the snow on the east side of the road . HARRINGTON ; The houses may block the snow . These are all going,- to be private well and septic systems ? BURL ; That ' s correct , that is the plan at this time . TOTMAN : ARe there any other questions ? If there are no further questions , I want to make sure that any questions are aired at this time . The Planning Board has 45 days after this Hearing to make a decision . CHATTERTON : Roger is saying there is a minimum construction value of $ 60 , 000 . What guarantee is there , is that something the Town of Groton will enforce ? PLANNING BOARD Public Hearing . 5 - January 20 , 1987 Roger Gleason TOTMAN : That ' s right . I think he has also said there will be no trailers . That is in writing . There is some question whether a double wide mobile home is a trailer . OSTRANDER : They are not worth $ 60 , 000 . TOTMAN : When you set a price of $ 60 , 00 or above you know you are not going to get trailers . CHATTERTON : Where does the $ 60 , 000 come from? Is that a usual figure you are using ? TOTMAN : That is not our figuret that is Roger ' s figure . CHATTERTON : Is that high enough , you think , Roger ? GLEASON ! I said that would be a minimum . That would be the house itself ; not the land , or well or septic system included . HARRINGTON : Is that a legally binding agreement that in fact a structure of certain amount will ' be built on that site ? TOTMAN : Once the paperwork is in and we accept it the way Roger is saying it . . . . . I think the attorney ought to answer that question . FITZGERALD : There is nothing in our Ordinance that allows us to put a figure on a house . Roger can do it when he files a track restriction but as long as Roger is the sole owner of the land change the track restrictions . The thing is governed more by economics than anything . HARRINGTON : The reason I ask , is in the past we have had similar statements made and we wind up with trailers . FITZGERALD : Your protection here is the size of the lot itself he is selling . Is it economically feasible for him to get the amount of money he wants dollar wise out of that and have somebody put a trailer on it . HARRINGTON : Your answer is no , then? FITZGERALD : There is no way we can limit the dollar value of construction . We have a minimum square ,:; footage requirement for a building on a lot . CHATTERTON0 That $ 60 , 000 is not part of the Ordinance ? FITZGERALD : No , it is not . Axxixxxduxxtxxdxi XxxkKxxjkxxTKxxxBmxxdxg$xxx TOTMAN : As I understand it , when the Town Board gives the Planning Board PLANNING BOARD Public ! Hearing . 6 - January 20 , 1987 Roger Gleason plat approval the Planning Board can set rules and regulations on what was in that plat . FITZGERALD : Yes . TOTMAN" IF we accept Roger ' s $ 60 , 000 figure that has to be that way? FITZGERALD : To my knowledge , there is no way the Town can limit the dollar value . TOTMAN : I think that is the way Roger understands it . GLEASON : What I am saying is that I intend to have restrictions in my covevant that says that . FITZGERALD : that would be track restrictions which can be changed by all the track owners at any time . BUHL : That would be set in the track covenant . Looking at the size of the lots he would suffer an economic loss if lesser quality construction were put there . FITZGERALD : That ' s what it would come down to . He files the track restrictions , he is sole owner of all the property ; I don ' t think the Town can say he has to have a $ 100 , 000 or $ 60 , 000 value house there . He ' s sayint to you $ 60 , 000 ; but there is nothing in the Ordinance to that effect . You can change and make requirements on the plat , that is for the public ' s safety , health and welfare . The value of a house is not necessary:, for the public ' s health , safety and welfare . You can take and change corners ; you can decide has to put in sidewalks or no sidewalks ; you can tell him if there isn ' t any drainage there when you get the information from the Health Department and so on . But I have never seen a Town Board , and therefore I believe there is no authority , to say that the house has to be worth ' X ' number of dollars . CHATTERTON : So really , what we got then , is no legal protection . Practically Roger would suffer a loss if he started putting in lesser value homes . FITZGERALD : What he can do , when he sells a lot , the owner of that property is subject to the approval of all the other landowners , in the track . He can change it , but why cahnge it if he has built a substantial house there , it would deprive him of the value of his property . PLANNING BOARD Public Hearing . 7 - January 20 , 1987 Roger Gleason CHATTERTON : I would have hoped that we would have had some legal protection but apparently we are not going to get that . FITZGERALD : I would be glad to check on that . CHATTERTON : I would hope that expensive , nice homes are built there and I would think that Roger would see the value of that . TOTMAN : About four or five months ago I talked to Roger about the same thing that you are talking about and he decided then , when he was talking about this project , that he would not allow mobile homes or low value houses because he wanted to get top dollar value out of his land . Economically , that makes good sense ; so , I assume , that is the same course he is following now . R . DUNN : On the other side of the road , he has already sold one lot , are there going to be more sold there or can we bring that up at this time ? Is this going to be part of this project ? C . TWIGG : That has already been subdivided . R . GLEASON : That is already sold , Hemming bought it . TOTMAN : Are there any other questions ? BUHL : The timing from here on out , we have a lot of work to do in the next phase , .1-1)1you mentioned making the decision in the next 45 days . We would ask , if at all possible , if we could get an indication as soon as the Planning Board is able to get in the rest of the work done so that it is ready to go in the spring . TOTMAN : Have you read the Ordinance as to the Town specifications for the highway thoroughly ? That would have to be complied with up front . BUHL : That takes times to draw and prepare to the specifications . TOTMAN9 That would be contingent on the approval , too , to have the Town agree with your drawings . BURL : We have to come back here with the final plans , the final drawings , specifications , all the requirements in the Ordinance which takes a couple of months to get together . Our hope is to go with it when the weather improves . TOTMAN : Normally , it don ' t take that long . The only reason I mention that was that is the maximum . If there are no more questions we will call the public hearing to a close . PLANNING BOARD Public Hearing . 8 . January 20 , 1987 Roger Gleason I , MARGARET A . PALMER , DO CERTIFY that in the matter of a proposed Major Subdivision presented by ROGER GLEASON for Old Stage Rd . , Clark St . Ext . , Town of Groton , Public Hearing held in the Town Hall , Town of Groton , Tuesday , January 20 , 19879 did take the minutes of said hearing and the fore - going is a true and exact copy , to the best of my ability . J S z_ -3 / �� � �- �=