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Home My WebLink About1988-07-21 TOWiU OF GROTON PLANNING BOARD ThUrsday , JUly 21 , 1988 ; 8 : 00 P . M . BOARD PUBLIC PRESENT George Ti::1trnan * , Chairman Gary Wood , Zoning Enforcement Cecil Twigg * Officer Ver; I Rankin * Younger Mori ca Carey * Joanne Pierson Bill Caso 1 ara Ann Flora Gary Ba11ou James Henry ( * present ) G . TOTMAN , opened the Planning Board rneet i rig at 8 : 1 0 p . m . Min'! Utes i::tf the June 16 , 1988 meeting were reviewed . V . RANKIN made the mot il,in the rninutes be approved as presented * M . CAREY seci_inded the wot i1:_tn and the minutes were approved . HORA _ SUBDIVISION _ CLARIFICATION liz icated on Sharpsteen Rd . , Town of Groton , Tax Map No . 3 5 - 1 - 24 . c : G . ' 7OTMAN : Mrs . Hora is asking for a clarification of a SI_� bd i v i s i cin granted t o Joseph Hora i n 1977 , if I remember correct Iy . To bring the Board Up to date , over the years , the Hora " s were selling land on Iand contract and selling' land outright without cording in and applying for subdivisii::ins . At one point in time we wrote them a letter and asked them to meet with LIS to bring things in line with the rules and regulations . At that time we met with them and came Up with a plan that made their transactions ins legal . Because of the vagUeness of all that , I think Mrs . Hora would like tiz, ask the Board for a boundary line change within the subdivision si_t that she car, sell a portion of the land rather than apply for a new 5Ubdivisi _in . That parcel would be or, Sharpsteen Rd . , Tax Map No . 35 - 1 -24 . iR9 which is 51 acres with 70C) foot frontage , she wOUId like the boundaries changed i_in the 18 . 9 acre parcel so that this ci::iuple could buy the 1 and . What we did with this map , if I remember correct 1 y , we t i::icik everything the Hora " s had size l d at one time or another~ and tried to bring the map up to date as to what was what . When we were done this large piece ::if property was left . The q _test i on is , as I understand i t , they are taking abi::iut 38 or 39 acres out of this total of 51 acres and saving the rest . So if we change the b%oundaries on these to make these two parcels legal to sell , then if you want to do anything with the rest of the parcel YOU will have to apply for a subdivision . c rJ A . HORA : What about the area alp Ong the south edge , the people adjoining it want to add on to their property ? G . TOTMAN : That is considered an add or, , they can come in and have the beard officially change the boundary on the map . C . Ili TWIGG : What she is doing now is completely separate from what she has done in the past . In other words , this is a separate parcel now . II G . � TOTMAN : The whole thing is part of her subdivision . She is � asking us to make some boundary changes within the i� s �_� bdivision . �I C . ' TWIGG : So if she decides to divide this up in more than three ways , this would be separate fry 1m the rest of it ? G . ITOTMAN0 Yes . What we are doing tonight is agreeing to let her, change the boundary 'line in this parcel . What we are doing is 11 approving two 1 lots that are larger than what the Town Ordinance calls for . We are not altering anything . Dees the Boalyd Understand what we are talking about here ? * * * Board concurs * * * ii G . � TOTMAN : TIZ I make it clear for Mrs . Hora , I don ' t want you to think we are not doirrg our .job in keeping with the general pla',n . There is a lot of land left over and i f you want to do anyj;thing with that you have to corne back to� the board for^ approval41 A . HORA : I understand . G . TOTMAN : The board will also regUire a mylar copy of the firia, I survey fc.1r filing with the Cl:Aunty Clerk ' s office . Every subdivision passed has to be filed in the County Clerk ' s office arid 'ithey require a mylar copy of the subdivision map , i li VERL RANKIN made the MOTION the Planning beard APPROVE the adjustment of bi::iundaries in the Subdivision of ANN HORG located on Sharpsteen Rd . , Town of Groton , Tax Map No 35 - 1 - 24 . 2 into ` lots with a total of approximately 39 acres to become effective upon receipt by the Planning board ::if the final 5Urvey map �I from Mrs . Hora and any future development of the remaining acreage will regUire further approval from the Planning beard ; CECIL TWIGG seconded the motiorift VOTE : ALL in favor MOTION CARRIED Cana — , i If I DAVID _ PIERCEi _ SPRING _ ST . ,_ _ TOWN _ OF _ GROTON , Tax Map No . 25 - 1 - 13 . 2 & P, 1 1 : iIf if 11, G . TOTMAN : Jim Henry is here tonight representing David if Pierce concerning his property on Spring St . , subdiIisior, II approved in 1984 . J J . HENRY : Was there a subdivision in 1984 ? 1 did not knew � Il it . If he divided it into 3 lots in 1984 then that was what we were priziposing tonight and we may not need to diI anything j tonight . III * * * Board and Mr . Henry reviewed 1984 proposal 1 and i j it was determined it does not involve the present proposal * * * if I'. Here is a sketch plan for discil:in this evening . In 1984 Mr . i Pierce had a survey done of where he lives and the pri::iperty next t 1_1 it and this is a copy of that survey . 25 - 1 - 13 . 1 is his home . I In 1984 he had the Survey done , which was where the dotted line is llri neap , west of where he 'lives . At that time he conveyed his 1hi.Ime tID he and his wife , leaving the rest it it in his name . At c 11this point he wants to sell the whole thing except fair the 1 . 95 acre parcel that was r.in the survey of 19840 IV . RANKIN : There is ` C) 0 feet in fry intage on the parcel he wants to sell ? J . HENRY : Yes . G • TOTMAN : As I read this YOU are talking abCIUt selling a p',',arce1 r.1f land that is approximately 50 acres and he wants to extend the land that he has over to� 11 . 1 . So from 11 . 1 straight over to 13 . 1 it wI� �_� 1 d be only one parcel of 1 arid . He wO U 1 d be 1 °eaving a small frontage on the road for this total of 50 - acres , which is 85 - 1 - 13 . 2 . My question is how much of a read frontage t0" that parcel is left ? J :' HENRY : About 5 feet . G all TOTMAN : As I read the rules and regUlat it ins this could fall under an agricultural land division with 3 parcels of 5 acres or rilorea It can be passed by mot i ll of the Planning Board if" it is declared a Rural Subdivisian with 3 parcels il 5 acres oir rililrea If J . HENRY : There is one slight difference . As I said , in 1984 he pUt 2 . 41 acres in his wife and his name and left 'the rest of 'lit in his name . So YOU have all the rest here in his name and one parcel ir, both their names . What you have in 1988 is you are taking the one parcel and dividing it into two . I think. the fir;;st qUestion. is : does this fit cinder any subdivisi �� n ? 11 If 11 If if 11 Page 3 C . TWIGG : Actually , all he is doing is dividing this parcel once . J . HENRY : That ' s right . In 1988 he is dividing a 58 . what ever acres i rit �, 1 . 95 and approx i mate 1 y 57 acres . He has awned the whale parcel for quite a while . G . TOTMAN : The land in question tonight is not at all the land in uestion iri 1984 it is a se agate entit with a q 9 P Y different tax number . V . RANKIN : I see nothing wrong with this . C . TWIGG : He doesn ' t have to came before us for this . G . TOTMAN : Jirii is asking for a determination from the Planning Board whether he needs a subdivision or not . Even if it did require coming before the Board it woLt1d be a Rural I Subdivision . C . TWIGG : You don ' t fall into a subdivision until you have lots . j G . TOTMAN : Yceu have tci riiake sure to maintain the ;0Cd foot frontage can the 57 acre parcel . J . HENRY : According to his deed and if you take it off the survey , there is at least 200 . 5 foot of frontage . If you take the deed distance and take ciff the surveyed parcel you have more than 20C) feet . G . TOTMAN : I think the Board can goon record as stating that with what You have given us tonight we can determine you do not classify as a subdivisicin because there . are only L lets involved , and as Icing as . the transaction leaves 200 foot of read front age to the back. acreage . * * * FILANNING BOARD IN AGREEMENT * * * A letter tci that affect will be fcirwarded to Mr . Henry . ROGER GLEASON _ MINING _ PERMIT located _ on Clark St . _ Ext . i _ Town _ of Grotoni _ Tax _ Map _ No . _ 1 ` 1 _ 1 1 . 2 _ G . TOTMAN : Yciu received infcIrmat ion in the mail cif what Rctger is asking for . Roger wrote a letter to the Planning Boari requestirig an extension !if his Mining Permit . Because this wa � passed originally in ccfrf .j unct i on with the Department Env i rcinment a 1 Ccinservat i can , Roger% also sent a letter to the DE requesting an extension and sent the proper DEC fcirm to the TctA Board , as the lead agency , for their signature stating that the understood that this request was being made . At the July 1 Page - 4 i S . yi u Y 1988 Town Beard meet ing , the Town Beard acted upcIn Roger ' s request for art extension can his mining 1::Iperat icon for 4 r oriths . 0n the advice of their attorney they made the resc, luticin that they agreed with the DEC tci the 4 mcinths extension . Being that we were the agency that granted the permit in the first place and that approval was granted can ccinditicin of the approval of the DEC , I would entertain a motion that the Planning Beard make the same grant today that we apprcive Roger Gleason ' s request for art extension of 4 months on his mining permit upon approval of the DEC . M . CAREY : The Town Beard approved their end of it ? G . TOTMAN : Yes . CECIL TWIGG made the MOTION the Planning Beard APPROVE the request 1.-If ROGER GLEASON for a 4 month extension tc, his Mining Permit located . in Clark St . Ext . , Town of Groton , Tax Map No . 1G1 - 1 - c1 . c can condition the extension is approved by the Department of EnvirInmental Conservation ; VERL RANKIN seconded the m t icon : VOTE : ALL in favor MOTION CARRIED SITE _ PLAN _ REVIEW _ for a _ Auto _ Body _ Repair ._ Shop . at _ 771 _ Sov_ ocool _ Hill _ Rd . i _ _ Tctwn _ i:if _ Groton � _ proposed _ by-_ GARY _ HENDRIX1. _ Tax _ Map _ No _ _ 32- 1 _ G . TOTMAN : If we are going to approve or., disapprove the request we have to approve or disapprove it as it relates to the Ordinance . C . TWIGG : This is a rionconfI:arming lc# t and according to the Ordinance we cannot change or., alter a rioncorif =lrrilirig lot to make it more nonconfcirmirig . He would be putting a larger building or, it , and that wc, Ltld make it more noncorifctrriiirig . G . TOTMAN : 141_1 , there is a d i f Terence there between t h e b .uiIdirig and the lc It . The lot might be noncorifcirrnirig but the building alight be conforming if it was can a larger lc1t . G . WOOD : The land use is conforming . It is a nonconforming lcIt but the land use is confcirming providing you are willing to grant a special permit . The question before you is whether or riot you want to i grant a special permit for art allowed use :in a ri 'c incorifcnrming lot . G'. TOTMAN : What is there is on a rioncorif orm i rig lot but what is there .-In the noncoriformirig lot is conforming . He is asking for a business which could be allowed in that area but because c� f the nature -.If the land and the 1cicatiort of the garage it does not lead itself to take cane cif the traffic . You cannot approve a business using s1::imeb �Idy else ' s land . C . TWIGG : He wants to do something different with that lot . For instance , if there was nothing on the lot and . he cartie in and wanted approval tco put a business on it , you cannot approve it becaUse it is a noneInferterming 1cit . The 1 '=It itself is g rand fathered for a dwelling unit nt t for a business . When he ci::imes in for the business , he is changing the nature of the lot . you cannot approve it because it is a nonconforming li::it , even though the bUsiness is alli::iwed in the area the lot is nonconforming . G . TOTMAN : If he ci.-tuld buy art extra 100 feet he would have no problem , he would be within the regulations . G . WOOD : May I make a suggest ii::in ? If you are going to make y1::1ur mot ion t1:1 turn the application down , enumerate the reasons , yolk di:in ' t think this should be approved , ie . the property is not conducive to the business props lsed , the lot is too small , the access available is inadequate . C . TWIGG : If there was nothing else on the lot , we could not approve the business with the lot the size as it is . The lot di_tesri ' t meet requirements . You can ' t put a house on it . In other words , if that trailer gees he can ' t bui ld a h 1use on there without a variance . So I think this garage and additii_in he wants tI:) put in would be in the same categoairy , he can ' t change the use of a norlc1:1rifi irmirig lot . CECIL TWIGG made the MOTION the Planning Board DENY APPROVAL of the SITE FLAN REVIEW for art AutC i Body Repair Shop at 771 Sl::ivocool . Hill Rd . , Town cif Gr oton , Tax Map No . 32 - 1 - 14 . 1 proposed by GARY HENDRI X for the fo l li wing reasons " 1 ) It is a nonconforming lot . Section 321 states . . . . . It is the further intent of this code that ricinconf _Irmit ies are not t �� be enlarged upon , expanded , Ir extended . . . . . c ) The lot is not conducive to.—[ the proposed business 3 ) Access to:, the prop Ised business is not I adequate MONICA CAREY seconded the Mot i on i VOTE : ALL in favor MOTION CARRIED j i OTHER BUSINESS BEFORE THE BOARD G . WOOD : It has become apparent the Planning Board has to . � do ' something about the ccimplexit ies of the Zoning Law . � I Page - 6 G . TOTMAN a At the last meeting the Bi::iard gave Bill Caso 1 ara the authority to be the lay person between the Planning Beard and the individual w #_Irking I in c �� nsol idat ing the revisions to the Ordinance . The changes we have agreed upi::in to date have been put in and will be back to us for approval hopefully by the next meet irig . There is still a lot of arilbiguities in the Ordinance . They are mare related to the Zi::fining Officer , who works for the Town Board but deals with Us . There are many things in there that you can easily make mistakes on by the way they are written . Carol Marks picked LIP on one :in the list with x ' s ' and ' + ' s ' that are ci_int rad i ct �wry in the Ordinance . Last winter the Beard approved a committee of Bill and myself to work on changes with Gary Wood . The changes we came LIP with were approved by the Board and are rn_1w being put into a revised Ordinance . If somebi::id y else wants t c i get involved w irking on the committee , I think it would be great . The comm i It t ee will resLtme meet i rig somet i me are 1Lind the f i rst of September t �� continue fiz irmulat ing changes ti_i the Ordinance . G . WOOD : I wou1d like the Biziard t I'[ consider the ECHO housing . Isn ' t there some way we could change the Ordinance ti_i make pri_ivisii_in for the temporary residence for � lder parents ? This is typically done with the stipulati In that when it is no longer needed by the parents it would b'e removed . I would recl,1rilmend you think of some modifications to the Ordinance t make that possible, . CECIL TWIGG made the m o t i 1n the meet irig be ad j o, urned ; MONICA CAREY secs 1nded the i-tiot i can ; ALL in favor ; MOTION CARRIED ; meeting was adj1DUrned . THE NEXT REGULAR MEETING if the T0Wri C, f Gri_iti_in Planning Bi::iard will be held Thursday , August 18 , 1988 at BaUU R . M . Respectfully submitted , M rgare A . Palmer Plage - 7