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HomeMy WebLinkAbout1994-05-19 TOWN OF GROTON 1 PLANNING BOARD MEETING t, THURSDAY , MAY 19 , 1994 , 8 : 00 P . M . ( * Denotes Members Present ) BOARD MEMBERS PUBLIC PRESENT George Totman , Chairperson * Lorraine Faucett Monica Carey * Donald Bancroft Jeff Lewis * G . Bruce Davison , L . L . S . Verl Rankin Sheldon Clark Cecil Twigg * George VanSlyke George Totman called the meeting to order at 8 : 10 p . m . G . TOTMAN : First item on the agenda is to approve the April meeting minutes . M . CAREY : Made the motion to approve the April. minutes . Co TWIGG : Seconded the motion . VOTE : ALL IN FAVOR ; MOTION CARRIED UNANIMOUSLY . G . TOTMAN : The next item of business is Lorraine Faucett ' s request for a site plan review for Tax Parcel No . . 36-1-44 . 2 . The Code Enforcement Officer ( CEO ) had observed that Group Outdoor Recreation was taking place at the above property ( Sections 133 . 5 and 133 . 53 of the Code Book ) in addition to a sign that was advertising such activity : " Patchwork Therapeutic Riding Center . " Certain permits are required for such activity and , therefore , that is why Lorraine is here with us tonight . For the record , you are operating a riding stable for handicapped individuals on Old Peruville Road , East . Can you basically explain to the Board what you are doing ? L . FAUCETT : I brought with me this evening pamphlets explaining what the program is all about . It ' s a program operated by the North American Rights for the Handicapped . . . . . . ( not audible ) in Denver , Colorado . We are non-profit . At present , there are six horses . Most horses are used for the program except a couple which are used for my personal use . We give lessons to both disabled and non-disabled individuals for both children and adults . The lesson plans are an hour long . Mondays start in the afternoon at a later time . Fridays start at approximately 1 : 00 p . m . or 2 : 00 p . m . until 6 : OO p . m . and some Saturday afternoons . We are trying not to operate the center Tuesdays through Thursdays - mainly for personal reasons . We have approximately ten professional employees assigned to this program to help with lessons . Most of our clients include private , the Special Children ' s Center , the J . M . Murray Center , Syracuse and Broome Developmental Centers , Cortland ' s . . ( not audible ) , and the Highgate Nursing Home . G . TOTMAN : How long have you been doing this ? How much physical activity? L . FAUCETT : Approximately 10 years for paid services . G . TOTMAN : Has any neighbors voiced any opposition to what you are doing ? a Town - of - Groton - Planning - Board - Meeting , Thursday, May - 191 1994 , at 8 : 00 P . Ma - - P . 2 e L . FAUCETT : No . In fact , they have signed up all their children . G . TOTMAN : So this activity is not something new this year . It ' s something that you have been doing , what you thought legally, for the past 10 years? L . FAUCETT : This is correct . In fact , we have participated in community events such as some of the parades that they have down here . G . TOTMAN : Does the Board have any questions? Did everyone read the letter sent from George Senter , CEO? L . FAUCETT : I guess there was some question of the additional land in back . C . TWIGG : It ' s a low density area . G . TOTMAN : And there are certain activities allowed in low density areas . L . FAUCETT : Well , I am really not sure what you mean . G . TOTMAN : Let us try to explain . You live in a low density area , and it really does not make any difference if you have land in back or not because all that land including where you live is low density all the way back to Peruville Road . Then we have to research to find out what is allowed in low density areas . According to the Land Use and Development Code Book , Group Outdoor Recreation is not an allowed activity in this zone ( the " L " zone ) and what you are doing is illegal . If it was allowed , we could pass it with a site plan review . It ' s the CEO ' s interpretation that this Group Service ( Section 133 . 5 ) is not allowed in this area . It ' s our job to see if we can classify it as allowable in that area . G . TOTMAN : To clarify the situation : You , ( Lorraine ) are telling us that your incorporation is non-profit and that your clientele is 80 percent handicapped individuals and the other 20 percent is for non-handi- capped individuals which would classify it as a personal service . G . VANSLYKE : In Section 133 . 02 , you are allowed individual music instruction . So , why is one not allowed individual horseback riding instruction? You do not board anyone right ? It ' s a come and leave basis? L . FAUCETT : That ' s correct . Co TWIGG : Section 133 . 02 doesn ' t seem right , but if you look at Section 133 , we , the Board , can determine the permissiveness of these activities as to the impact from that activity . G . TOTMAN : What about Section 133 . 0? Are there parking facilities available? L . FAUCETT : Yes . We have a separate driveway that goes up to the barn . C . TWIGG : What we would have to do to legalize this? G . TOTMAN : I would classify it under Section 133 . 0-Personal Services . It ' s non- profit geared to help people . L . FAUCETT : Being a certified instructor , I cannot carry out instruction unless it has been prescribed from a doctor or licensed physical therapist . Town - of-Groton-Planning-Board-Meeting , Thursday , - May 19 , . 1994,, - at - 8a00 - P : M : - - - P : . 3 - G . VANSLYKE : Expressed concern to the Chairperson as to why this was written y in the Code Book as it presently reads . Where ' s the reasoning ? G . TOTMAN : Was not able to give a satisfactory answer since the Book was coded 25 years ago and that is why we are updating the Code Book currently . For now, we have to go by what is given to us in the original Code Book . C . TWIGG : I could see why it would not be allowed in the . low density areas because of the possibilities of the horses producing noise , smell , and dust where houses are located one on top of another . But in this instance , this has not caused a problem in the past 10 years . I cannot see chasing her business out of there , but we have to figure on a legal way . G . TOTMAN : She was cited because the CEO is doing his job not because someone placed a complaint . In addition , she does not have a permit for her sign . L . FAUCETT : I do now . S . CLARK : What would happen if there was to be a different operator in the future and things could turn for the worse? Does the CEO have any authorization or control then? Mismanagement concerns were expressed . G . TOTMAN : The special permit is not transferred or sold . The permit issued is only to her and her own. The permits have to be renewed annually . C . TWIGG : Could we limit the number of horses. allowed so it would not become commercial ? For example , 10 maximum? G . TOTMAN : Yes . How many horses do you have now, Lorraine? L . FAUCETT : Six . You would not want more than 10 . G . TOTMAN : Ms . Faucett is here requesting a site plan review . Does anyone want to classify this? M . CAREY : I make the motion to approve it as a Personal Service and classify it as such under Section 133 . 0 . V . RANKIN : Seconded the motion . VOTE : ALL IN FAVOR ; MOTION CARRIED UNANIMOUSLY . G . VANSLYKE : Started the completion of the SEQR form with the following answers : Part II : A ) No B ) No Cl ) No-Previous activity has been taking place for the past nine years . C2 ) No C3 ) No C4 ) No C5 ) No C6 ) None C7 ) None D ) No Town of - Groton Planning - Board Meeting , Thursday, May 19 , 1994 , at 8 : 00 P . M . P . 4 C . TWIGG : Made the motion to check Box No . 2 to read as a negative declaration . V . RANKIN : Seconded the motion . VOTE : ALL IN FAVOR ; MOTION CARRIED UNANIMOUSLY G . TOTMAN : Now that we have classified it where it is legally allowed , are we satisfied enough with it where we do not need to have a public hearing and/or are we satisfied with the stipulations . Afterwards , we will make a vote to approve/disapprove . My suggestions would be no off-street parking , no more than 10 horses , and hours of operation to be from 8 : 00 a . m . to 7 : 00 p . m . Let the record show that the applicant has researched the situation and will not change the character of the neighborhood . In addition , it has been in existence for approximately 10 years . . G . VANSLYKE : Made the motion to approve/disapprove the site-plan review without holding a public hearing to include the above-stated stipulations . M . CAREY : Seconded the motion . VOTE : ALL IN FAVOR ; MOTION CARRIED UNANIMO(JSLY . G . TOTMAN : Next item of business is Donald Bancroft-Minor Subdivision , Tax Parcel Number : 20-1-36 . 2-Old Stage Road . Board Members and applicant reviewed map material for clarification . G . TOTMAN : It ' s a three-lot subdivision . It was one lot . Took ones off at 36 . 3 and 36 . 2 so that makes it a total of three lots . He has 1 . 2 acres with the required amount of road frontage . M . CAREY : I don ' t see any problem with it . G . VANSLYKE : Started to fill out Part II of the SEQR -form . The answers are as follows: A ) No C4 ) No B ) No C5 ) No Cl ) No C6 ) None C2 ) No C7 ) None C3 ) No D ) No M . CAREY : Made the motion to check second box of Part III as a negative declaration . C . TWIGG : Seconded the motion . VOTE : ALL IN FAVOR ; MOTION CARRIED UNANIMOUSLY . C . TWIGG : Made the motion to classify it as a minor subdivision . M . CAREY : Seconded the motion . VOTE : ALL IN FAVOR ; MOTION CARRIED UNANIMOUSLY . G . TOTMAN : Does anyone wish to make the motion to either hold or forego the public hearing ? Town of - Groton Planning - Board - Meeting , - Thursday , May 19 , 1994 , at 8 : 00 - P . M . Po-5 V . RANKIN : Made the motion to forego the public hearing and approve the minor subdivision . G . VANSLYKE : Seconded the motion . VOTE : ALL IN FAVOR ; MOTION CARRIED UNANIMOUSLY . G . TOTMAN : Last item of business is Roma Breed/Glenn Munson Rural Subdivision- Tax Map Parcel Number . 20 . 1-23 at the intersection of Old Stage Road and Salt Road . Representing the applicant is G . Bruce Davison , L . L . S . They are asking to subdivide one parcel into 3 lots . Board members reviewed map material for clarification . G . TOTMAN : Do you want to do the SEQR first ? G . VANSLYKE : I don ' t care . G . TOTMAN : Any questions ? Major or Minor ? C . TWIGG : Minor . G . TOTMAN : Why are you calling it a minor? Co TWIGG : Because it ' s only three lots . M . CAREY : But they are over five acres . C . TWIGG : Sorry, I misread it . G . TOTMAN : So that changes things , right ? To call it a rural subdivision , it requires a number of acres and road frontages . You don ' t have to go the " short route " , the 234 . You can approve it in one meeting without having exceptions if the facts are true . One consideration is the slope of the land . Will it make more water go into the water works ? V . RANKIN .* I do not think it will make much of a difference . G . TOTMAN : Has this land been farmed at all ? Be DAVISON Seeded . G . TOTMAN : Lets fill out the SEQR . G . VANSLYKE : Started filling out Part II of the SEQR form with the following answers . A ) No B ) No Cl ) No-Land is now going to be used for residential use with no C2 ) No pesticides or herbicides . Any water flow will be natural . C3 ) No C4 ) No C5 ) No C6 ) None C7 ) None D ) No Town - of - Groton - Planning - Board-Meeting,-Thursday , May 19 , - 19941 - at - 8 : 00 P : M : . . pi - 6 - Me CAREY : Made the motion to declare it a negative declaration by checking the second box off in Part III . S . CLARK : Seconded the motion . VOTE : ALL IN FAVOR ; MOTION CARRIED UNANIMOUSLY . M . CAREY : Made the motion to approve it as a three-lot rural-agricultural subdivision . Co TWIGG : Seconded the motion . VOTE : ALL IN FAVOR ; MOTION CARRIED UNANIMOUSLY . G . Totman adjourned the meeting at 9 : 33 p . m . Next meeting is scheduled for Thursday, June 16 , 1994, at 8 : 00 p . m . Submitted by Penny Bogardus . 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