HomeMy WebLinkAbout1-30-2024 Special meeting & Public heaing Local Law #1 2024TOWN OF GROTON – SPECIAL MEETING MINUTES OF TOWN BOARD
PUBLIC HEARING FOR LOCAL LAW#1
REVISIONS TO SECTIONS 366, 367& 442 OF THE LAND USE CODE
TUESDAY, JANUARY 30, 2024 AT 7:30 PM
Town Officers Present: Town Officers Absent: Also Present:
Donald F. Scheffler, Supervisor Ellard Keister, Highway Supt. Dan Cerretani
Crystal Young, Councilperson Mack Rankin, Dept. Highway Monica Carey, Groton Planning Board
Richard Gamel, Councilperson Sheldon C. Clark, Councilperson Dan Carey
Brian Klumpp, Councilperson Barry Siebe
Robin Cargian, Town Clerk
Francis Casullo, Attorney
W. Rick Fritz, Code Official
The meeting was called into session with the Pledge of Allegiance at 7:30 PM. Supervisor Scheffler
gave a brief description of the development of the Local Law updates and the community committee
that helped to prepare it was a culmination of efforts aiming to protect the environment, protect the
public, manage commercial renewable energy development, maintain a balance to the property rights
of individuals and the rights of individuals at large.
HEARING ON THE REVISIONS TO SECTIONS 366, 367 & 442 OF THE LAND USE CODE,
LOCAL LAW #1 OF 2024
MOVED by Supervisor Scheffler, seconded by Councilperson Game, to open the Public Hearing on Local Law
#1 of 2024.
Ayes –Young, Klumpp, Gamel, Scheffler Resolution Passed
Nays –
The published notification placed in the Cortland Standard was read by the Town Clerk.
Public hearing:
Dan Cerretani from Davis Road inquired if the small-scale setback would have the same stipulations
for fencing as the large scale because someone with a small lot will run into difficulties complying.
Answer: The typical setbacks would apply for small scale as there is “no stipulation” to have fencing.
If you chose to have fencing, these regulations would apply. He was happy with that so long as it was
interpreted that way during the building permit process. A variance could also be an avenue to create
compliance per situation.
Barry Siebe, Community Committee: One of the things we looked at while compiling this was to
make sure we were not interfering with the personal user who was using that power for their use on
their site.
Monica Carey, Planning Board: Who will be responsible for checking the overflow of stormwater
ponds should that take place? Answer: The code official is responsible for stormwater management
and should be contacted. Were dirt berms discussed as a resource to keep noise down? Answer: It was
not considered. As these projects will go through a site plan review process, they could be added given
specific circumstances. Councilperson Klumpp noted berms are difficult to maintain and are not as
Town Board Special Meeting & Public Hearing Minutes Page 2 January 30, 2024
visually pleasing as vegetation. Will clear-cutting be controlled at all? Answer: This was in the model
code and offered in the draft but was later voted down. Councilperson Gamel added that he didn’t feel
that was something we could control although he agrees it is an oxymoron to remove trees for solar
panels. Will there be a notice posted for emergencies such as fires? Answer: There will be signs posted
with contact information but call 911 for an emergency and they will have the information to contact
them. Will pole placement be reviewed and driveways be wide enough for farm equipment to
maneuver? Answer: The building code has criteria for driveway width and turnarounds for apparatus.
This can be reviewed during the site plan process. I understand that a Storm Water Prevention Plan is
part of the proposed law and I want to make sure that document is reviewed.
Barry Siebe, Community Committee: To respond to the question about fire, the 75’ setback from the
fence is so the fire company can get in there and move around. The solar companies do not want the
fire department to put the fire out, so this is to give enough room for the fire companies to keep it
contained and protect the neighboring properties. That was a big discussion that the board had and
something that we took on.
With no one else wishing to speak, a MOTION TO close the public hearing at 7:47 PM was made by
Supervisor Scheffler, seconded by Councilperson Gamel.
Ayes – Young, Klumpp, Gamel, Scheffler
Nay-
RESOLUTION #24-021- ESTABLISH LEAD AGENCY FOR SEQR
MOVED by Councilperson Klumpp, seconded by Councilperson Young
RESOLVED, that the Town Board hereby appoints themselves as lead agency for the State Environmental
Review Act.
Ayes – Clark, Young, Gamel, Scheffler Resolution Passed
Nays -
A review of part 1 of SEQR was read by Attorney Casullo.
RESOLUTION #24-022 - AUTHORIZE THE TOWN SUPERVISOR TO SIGN PART I OF SEQR
MOVED by Councilperson Gamel, seconded by Councilperson Klumpp, to mark PART 1 as agreed and sign
the document.
Ayes – Clark, Young, Gamel, Scheffler Resolution Passed
Nays -
The review of part 2 was performed with Attorney Casullo and no moderate to large impacts would occur. It
was noted the review was to the “project” which in this case was the local law.
RESOLUTION #24-023 - AUTHORIZE THE TOWN SUPERVISOR TO MARK THE SECOND BOX
OF SEQR PART 3
MOVED by Councilperson Klumpp, seconded by Councilperson Gamel, to mark box #2 as it was determined,
based on information and analysis above, and any supporting documentation, that the proposed action will not
result in any significant adverse environmental impacts.
Ayes – Clark, Young, Gamel, Scheffler Resolution Passed
Nays -
Town Board Special Meeting & Public Hearing Minutes Page 3 January 30, 2024
RESOLUTION #24-024- MOTION TO APPROVE LOCAL LAW #1 OF 2024
MOVED by Councilperson Young, seconded by Councilperson Gamel
RESOLVED, that the Town Board hereby approves Local Law #1 of 2024 a local law to update sections 366,
367, and 442 of the Town of Groton Land Use Code.
Ayes – Clark, Young, Gamel, Scheffler Resolution Passed
Nays -
There being no further business, Councilperson Gamel moved to adjourn, seconded by Councilperson
Young, at 8:10 PM Unanimous.
Robin Cargian, RMC
Town Clerk/Tax Collector