HomeMy WebLinkAboutLetter clarifying road frontage on 32-1-38.11 Pleasant Valley Road (T) Groton Planning Board Regular Meeting Transcript 21 February 2002
T. Guihan: I'll make a motion to approve the Site Plan , as requested, limited to an exterior
display of 25 used vehicles, with hours of operation set for all day Saturdays and Sundays, and
weekdays and evenings by appointment only.
M. Carey: Anybody like to second the motion?
B. Clark: I'll second the motion .
M. Carey: All in favor? (All Board members present indicated in the affirmative.) Okay, you're
approved.
S. Hollern: Thank you .
M. Carey: Thank you . Marty, do you have something for our Board?
M. Conners: Nope, just a spectator.
This becomes Action # 15 of 2002 ,
M. Carey: Go call Bob and tell him to get over here .
J. Fitch: Put your pause .on and wait.
M. Carey: Here he is. You 're on .
Robert Walpole - Informational Discussion re Allen McCaffrey Property - Pleasant Valley
Road - TM # 32- 1 -38. 11
R. Walpole : We have a client that's looking at this. I'll go over the maps Ibe just given you .
Here's a big copy of the survey. This was made back in 1993 . Ibe given you a copy of the tax map -
it's 32- 1 -38. 11 . This property was transferred back when Marvin Torok had it and Todd transferred it
to Torok. When Torok went out of business, it went back to Todd , and this piece here never changed .
And we transferred it back in 1990, 1991 . At that time we had come before the Planning Board because
this gentlemen that originally bought it wanted to put a house up in there . And we did find the letter.
George couldn 't find it in the file, of the original time we were here back in 1990.
G. Senter: I was looking in the wrong year. But I didn 't find that one .
R. Walpole : Oh , you were? We had sent letters to both sets of attorneys indicating that they
could because we 'd come into the Planning Board, but there was nothing in the Minutes. But anyway,
it's my understanding that that 173 feet - I think the lot size back then was 200 feet of road frontage,
and they went and got a variance . But no building can be constructed within this 173 feet or what we
classify now as the flag. What we want to make sure is if these people exercise their right to buy this
property, they don 't plan on doing anything for five years, maybe ten years, but they want to make
sure that they can build a house out here.
M. Carey: Why was it restricted before? What was the letter that restricted them from putting a
house out there?
R. Walpole: There never was one .
M. Carey. Oh , there never was one .
M. Baaendell: It's not a restriction. He just wants to make sure that they have access to the back of
the property. And from what I gather, road frontage was 200 foot and they got a variance to go down
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(T) Groton Planning Board Regular Meeting Transcript 21 February 2002
to 137. But that's already been done. So you 're just asking us can he still put a house back there, as
of today's date, that's going to uphold .
R. Walpole : See what we did was we went back in the file looking for the paperwork from the last
time we were in here. And we couldn't find it. There wasn 't anything in the file. And then, since then ,
the owner that we sold this property to brought all his paperwork in and there was the letter from the
Town back in 1980 that we originally had that we sent to both sets of attorneys before we transferred
this thing the last time. So since we requested to come here we found the letter. I guess we just want
to make sure at this point -
M. Baxendell: It's an existing lot . It's already there . We don't have to do anything to it.
M. Carey: I see no problem with it.
M. Baxendell: Long driveway .
M . Carey: Actually, it goes over our standards for a flag lot .
R. Walpole : Let me ask you another quick question then , as long as I'm in here. If down the road,
15 years, 20 years from now, even though there's a variance that locks this in -
M. Baxendell: It doesn 't lock it.
R. Walpole : Oh , yes .
G. Seater: It can never be diminished.
R. Walpole: So it's out of the picture to add another flag lot?
G. Senter: You 'd have to come back to the Zoning Board and ask for another variance .
R. Walpole : Okay. I doubt that's ever going to happen , but I just thought I'd throw the question
out.
M. Carey: Hopefully then we'd have a whole different Board .
G. Seater: If they come to me and ask for a building permit for a house up there, I'd give it to
them. I have no recourse.
R. Walpole : We got the information today from the DEC; that's the flood map you 're looking at of
the State's wetlands and we talked to Ray Nolan . Part of that driveway that's already there comes a
corner across part of the wetlands there. We have a letter here from the Corps of Engineers out of
Buffalo, dated January 16, 1997, allowing them to build that driveway up that went through there.
And DEC's indications late this afternoon when Ray called me back, says it's pre-existing, it's there,
we're not restricting the flow of the water and there are culverts there in the driveway - Cotton-Hanlon
was in there a year, year and a half ago and took timber and stuff out.
M. Carey: Well, they won't be building on that wetland anyway.
R. Walpole: No, you can 't build in there anyway. It would not have any effect with the building
permit issue.
G. _Seater: No. As long as he stays out of the wetlands.
R Walpole: My other quick question - this also lies in the Tompkins County's natural resource
area, based- on the map. Would that have any affect on this?
M. Baxendell: There's still enough property out of that area to still build, is that correct?
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(T) Groton Planning Board Regular Meeting Transcript 21 February 2002
M. Carey: Right,
M. Baxendell: So when they go to apply for the permit, they are still going to have to abide by that
for the construction of the house .
R. Walpole : Yes. There's only a small portion of it that's in the area. That's that lower half where
the wetlands -
M . Carey: They still can't build there, so -
M . Bazendell: It's pretty self-explanatory for them then .
R. Walpole : I'm just answering some of the questions . The only thing that I would request in the
end, if there's no problem, is that we just get some kind of a letter from the Board to put in the file and
send out to the attorneys.
M. Carey: Okay. Joan, would you do a letter for us please?
J. Fitch: I'll talk it over with George to see what kind of a letter he wants. Then I'll do that for
you .
R. Walpole: I may not be here ten years from now , so it will be with their file.
M. Carey: Really, we don 't need any action on this. It's basically cut and dried.
R. Walpole : Just so it shows in the Minutes we were here and that we get some type of letter to
put in the file .
M . Carey: Okay, Thanks, Bob.
Adjournment
M. Carey: Okay, if no one else has anything to come before the Board I'd like to ask for
adjournment. Somebody make a motion?
Be Clark: I make a motion we adjourn the meeting.
Be Albro: I'll second it.
M . Carey: All those in favor? (All were in favor) . Carried.
The meeting was adjourned at 8: 32 p .m.
J E. Fitch, Recording Secretary 3 / 21 / 02
RECEIVED
MAR 2 5 2002
Page 12 of 12 TOWN Or GROi ON
Town CLERK
qpolon Jown Planizing 12ourd
EST. APRIL 1968
TOWN OF GROTON COUNTY OF TOMPKINS
P. O . BOX 36 101 CONGER BOULEVARD
GROTON , NEW YORK 13073 - 0036
MEMORANDUM TO FILE
Date: 26 February 2002
Re : Tax Map Parcel #32- 1 -38 . 11
Pleasant Valley Road
Allen McAffrey, Reputed Owner
By : Monica Carey , Chairperson
At the 21 February 2002 meeting of the Planning Board, Robert Walpole requested clarification
regarding the 137± feet of road frontage on this parcel , which is less than allowed .
The Board reviewed a letter dated 16 January 1980 to Marvin Torok from then-Chairman of the
Zoning Board of Appeals, Gordon Hoy , which granted a variance to Neil Todd, then -owner of
this parcel , subject to the following conditions :
1 . The 137f ft. by 1054f ft . to be used as access right-of-way
only, with no buildings ; and
2 . The 137± ft . frontage may never be diminished .
The Planning Board agreed that this variance, as above stated, applies to this parcel of land .
MC :j
cc : Property File
Robert Walpole