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HomeMy WebLinkAbout1987-04-27 TOWN OF GROTON PLANNING BOARD Special Meeting , Monday , April 27 , 1987 BOARD PUBLIC PRESENT George Totman , Chairman Gary Wood , Zoning Enforcement -Mike Post , Vice Chairman Officer Nancy Ostrander , Cor , Secretary John Koekebacker -,Vert Rankin %Cecil Twigg ,Monica Carey M . POST , Vice Chairman , opened the Special Meeting at 8 : 00 p . m . V . RANKIN made the motion the minutes of the March 16 , 1987 and April 24 , 1987 be approved as read , C . TWIGG seconded the motion . Motion carried . PROPOSED PURCHASE by JOHN and PENNY KOEKEBACKER of a lot on Lick St . , Town of Groton , from ROGER GLEASON ; Tax Map No . 121 . - 1 - 84a . M . POST : Gary have you any problem with the letter presented by the attorney , Mr . Henry ? G . WOOD : I have a problem with it because of the subdivision regulations and maybe you , as a Board , have the opinion it is / negligible issue . The letter makes reference to that subdivision definition so that in the future it can be seen that that was noted and was unimportant . M . POST : According to the regulations this should be a subdivision ? G . WOOD : That ' s my opinion and I suspect that is why Jim Henry brought up the question , I think he feels the same way . M . POST : But you believe , that if we , as a Board , believe that it is not really a problem , it is just an add on , it is not violating the principles and ideas of growth ; that we could waive that portion of the regulations ? G . WOOD : It is my understanding that you really don ' t have the power to grant waivers or variances from the Zoning Law which was passed by the Town Board . At the same time , this seems like such a routine action ; and I think that particular statement that I showed you in the sub - division law , was put there at the time that any division of property in the Town was considered a subdivision . The Town Board subsequently . changed that at the Planning Board ' s request , therefore , it no longer meets the intent of the law as. it stands today . M . POST : If the original application was for the big parcel with two parcels subdivided off there would be no problem . Roger sold them one parcel and now they want to add on to the original parcel . Gary is saying that if you are going to add on now it should be a subdivision . The lawyer wants a ruling from the Planning Board stating one way or the other ( subdivision or not ) . George has drafted a letter , which we have not issued yet , that basically says that the Board considers PLANNING BOARD - 2 - April 27 , 1987 this an add - on and they don ' t have to go through the added extra stuff if it was a subdivision . G . WOOD : I am basing my point to you on two things . ONe , the statement that says that the subdivision regulation is applicable to any transfer of land from lot to lot by relocating lot boundary lines ; Two , the definition of subdivision which says : division of a lot into two or more lots , realignment of boundary lines between lots so there is a transfer of land from one lot to another . In both cases , I ; m pretty certain the subdivision regulations stand as being applicable to this minor transfer , V . RANKIN : John , is this a wooded area ? J . KOEKEBACKER : Yes . C . TWIGG : It isn ' t anything that the Appeals Board would rule on ; it would have to be a hardship or something like that ? G . WOOD : Aside from that , it would be far easier for you to approve it as a subdivision . You would decide it was a subdivision and go with a public hearing , M . POST : If Roger came to u and we went through the regulations of the subdivision andWoagree as a Board ,that we would g pass on it , is that correct ? G . WOOD : Yes . M . POST : Is there any way that we could let John and Penny know that when it comes before . us , as long as Roger has done everything that he needs to do , that we will pass on it and let them go ahead and take care of their administrative thing without hanging them up any further . V . RANKIN : Isn ' t that what this meeting was for tonight , to pass on this ? G . WOOD : Yes , but you can ' t pass on a subdivision because it has not been presented as a subdivision . The premise of setting up tonights meeting was that you , the Board , would issue a letter determining that this was not a subdivision . C . TWIGG : Was this part of a subdivision before ? G . WOOD : Yes , I believe so . C . TWIGG : Why did he have a subdivision before , because there was another parcel taken off of it before ? 4�4�4�Minutes of the September , 1985 Planning Board were checked . The Koekebacker property was not a subdivision , it was handled .by the Board% -`-', PLANNING BOARD - 3 - April 27 , 1987 VERL RANKIN made . the motion that the sale of the two acres of land located on Lick St . in the Town of Groton , located south of and ' adjoining the lot previously sold to JOHN and PENNY KOEKEBACKER does not require the approval of the Planning Board for the Town of . Groton Zoning Ordinance Sub - division regulations ; MONICA CAREY seconded the motion . %' VOTE : All in favor Motion carried V . RANKIN moved the meeting be adjourned ; C . TWIGG seconded the motion ; motion was carried and the meeting was adjourned . The next regular meeting of the Planning Board will be Tuesday , May 19 , 1987 at 8 * 00 p . m . Respectfully submitted , M r rek A . Palmer %%%;Letter signed by the Board to this effect to be delivered to the attorney for John and Penny Koekebacker ( James Henry ) .