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 ) .