HomeMy WebLinkAbout2000-10-19 TOWN OF GROTON PLANNING BOARD
Minutes/Transcript of Regular Meeting - Thursday, 19 October 2000 - 7 : 30 PM
Members Groton Planning Board (*Absent) Others Present
Monica Carey, Acting Chair Mark Gunn, Town CEO
George Van Slyke
Van Travis
Barbara Clark
Tom Guihan
Mark Baxendell
Brad Albro
Applicants & Public Present
Kevin and Elsie Galbraith for Floyd Galbraith, Applicant
The meeting was called to order at 7:30 p .m. by Acting Chair Monica Carey,
M. Carey: First of all, I'd like to welcome our new members to the Board and hope that you will
enjoy your time with us.
Approval of Minutes - 21 September 2000 Regular Meeting
M. Carey: Okay, the first thing on the Agenda tonight is to approve the minutes of the
September meeting. Did everyone look through them?
B. Clark: I make a motion that we approve the Minutes as written.
V. Travis: I'll second the motion .
M. Carey: All in favor? (All members present indicated in the affirmative . ) Carried.
This becomes Action # 1 of this meeting.
Floyd Galbraith, RO - Walpole Road - TM #s 221 -02- 13 , 14, and 15 - Boundary Change
M. Carey: Okay, we have Floyd Galbraith . For the Minutes, would you both tell us your names
and addresses.
E. Galbraith : Elsie Galbraith , 74 East Cayuga Street in Moravia.
K. Galbraith: I'm Kevin, from Moravia.
M. Carey: Okay, and you've come to us for a boundary change on a property at 32 Walpole
Road?
E. Galbraith: Yes,
M. Carey: This map, to me, was a little bit confusing because I know this area pretty well
because my family worked the Walpole property for years, so I'm trying to figure out -- could you give us
some locations as to -- there's a railroad track in there. There's the creek in there . Where is this land
located between the two?
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K. Galbraith: From the railroad tracks, heading south down the road . It goes a little bit across the
bridge that they just put in down there .
M. Carey: Oh , it does go across the bridge so it's over the other side of the creek?
K. Galbraith: Right, on the left-hand side .
M. Carey: Okay, and it goes back quite a ways?
K. Galbraith: I would imagine. I'm not too familiar with it, but I know somewhat where it is .
M. Carey: So it goes back along the railroad tracks, basically?
K. Galbraith: Yes,
M. Carey: Now who owned these parcels before you? I mean, have you purchased these parcels.
E. Galbraith: No, my dad .
M. Carey: Okay, and you just want to combine them all into one?
E. Galbraith: Yes. All in one . And then my husband and I bought the little house down there . . .
K. Galbraith: The old Simmons property.
M. Carey: Right. Okay.
K. Galbraith: He'd originally discussed combining just three into one , but he prefers to get all five
into one if there was no trouble .
M. Carey: And this will entail how many acres?
E. Galbraith: Well , I think there's eleven and a half acres on the one, but I don't know --
K. Galbraith: I would guess there's 189 I really don't know.
E. Galbraith : Well , there could be . He knows more about it, but he's in the hospital .
M. Carey: Okay. Does anyone else from the Board have any more questions?
V. Travis: I thought we were combining three lots into one . You just mentioned five lots.
K. Galbraith: There are five lots all owned by the same person. I'd like to get it onto one tax map.
That's what we were originally talking about. He was originally talking about three. There are five
different separate parcels down there that should have been combined through the lawyer when it was
all put over in her name . It didn't get done . If we could get it all put on one , that's what he'd like to
have happen. But if it was too much trouble , just do the three.
Be Clark: Where are the other two on this map?
K. Galbraith: They are all right together. I've never seen this map before. Where are we? I'm trying
to get my bearings. Okay, here's the railroad tracks. The bridge is where on this map?
M. Carey: It doesn't show the bridge.
Be Clark: It should be before Cote's property.
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M. Carey: Right.
B. Clark: The bridge is back a ways before Cote's.
K. Galbraith: And then you've got the corner. I'm going to guess it's somewhere right about there
now. They also own the railroad tracks that go north from Walpole Road, don't you? Oh , I'm sorry.
Heading south.
V. Travis: Is this the railroad bed?
M. Carey: Yes.
K. Galbraith: They don't own the railroad bed over on this side; they own the railroad bed on this
side. Whether that's part of - - it's gotta have its own tax number, right?
M. Carey: Right.
Male Bd. Member: So you're saying their land is all on the back side of the tracks, this way?
K. Galbraith: No, it would be this. If this is coming from Dog Hill, right? And then you've got the
railroad tracks here, and then you've got the corner, and then you've got the bridge. I'm guessing that
this outlined area is the property that they own. But they also own this stretch of railroad tracks that
goes to town from Walpole .
Male Bd, Member: Okay, back up to Dog Hill area.
K. Galbraith: Towards Baker-Miller.
Male Bd. Member: Right,
K. Galbraith: He knows more about it, but he's in the hospital ; otherwise he'd be here.
M. Carey: Okay. I guess what I'm wondering is we got those two properties back there, that
Fitts and that Baker, and that Haxton on the other side . Mark, do you know how they get to these
back properties?
M. Gunn: Just by that roadway that goes down through there .
M. Carey: The railroad tracks.
M. Gunn: Yes.
M. Carey: So, basically, those will be flag lots back there .
M. Gunn: That he owns, you mean?
M. Carey: Well, there's Haxton , a Fitts -- well, Baker must come off on 38 up there where that
Reynolds is.
V. Travis: Baker, I think, actually goes through to Route 38 and the Reynolds is just pointed
there.
M. Carey: Right.
V. Travis: But doesn't this indicate that someone named Gokey owns the railroad bed?
M. Carey: Okay, there used to be a road back through there when we were working the property,
and there used to be a house back there. And I think that house is - -
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K. Galbraith: We're trying to think of the person's name. She can't remember it.
E. Galbraith : Right.
K. Galbraith: But it burned years ago.
M. Carey: Right. My mother called him peg leg.
K. Galbraith: Well, she used to swim in the pond out there and she can't remember her name.
B. Clark: Wasn't that where Bernard Lynch lived?
M. Carey: Yes. I think that was the old Lynch house that burned.
K. Galbraith: That's right.
M. Carey: Okay. There is a road, but it's rough.
K. Galbraith: There was a driveway down through there .
M. Carey: But there is a road going out through there and it's been passable over the years
because we used to work those back fields out there. They were pretty wet, but --
K. Galbraith: Well, they're bypassing part of that road now. They're going down the railroad tracks
and turn off -- it turns off and gets back on the old road.
V. Travis: So what are the numbers of other two lots that you're suggesting to combine with the
three? We have 13 , 14 , and 15 that is proposed to make into one.
K. Galbraith: We were hoping you had that.
V. Travis: Well, 16 is the rail bed .
M. Carey: Are you asking for the rail bed? And then Lynch Road also?
K. Galbraith: The Lynch Road you guys don't own. They own from Walpole Road to Baker-Miller,
up that stretch of railroad tracks.
E. Galbraith: I don't know how far out, but --
K. Galbraith: I'm not sure either.
M. Carey: So some of this property you're looking at is across the road from Walpole Road?
K. Galbraith: The old Ely plant building set right there across the road too.
M. Carey: Right. Right there by the substation -- wasn't there an electrical station --
K. Galbraith: It's basically across from the substation, the railroad tracks.
M. Carey: Right. And that's part of this parcel that you want to combine.
K. Galbraith: I would imagine it is.
V. Travis: Well, there's a small lot in here . Number 1 .
M. Carey: Right.
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K. Galbraith: Yes, that's where the old Ely place was, right there,
M. Carey: The circle is what's so confusing to me .
V. Travis: What does the circle denote? Did someone just scratch that onto a map?
B. Clark: It looks like someone just circled it to highlight that property. What I'm wondering is
what that Jennings strip is from Walpole Road south .
V. Travis: I see it, It's the rail bed again,
G. Van Slyke: It appears like it.
V. Travis: The right-of-way or whatever, And it says that it's lot number 7 and it's 1 .48 acres,
And then there's a lot right next to it which is lot number 1 . 1 don't know how many acres that is; it's
cut into the piece that's owned by Totman and fronting onto Walpole Road . And then we go Cote ,
Jackson, and --
Male Bd. Member: So they must just have that one piece here . Just that number 1 .
K. Galbraith: Right. That small section and the rail bed.
B. Clark: That says Jennings?
K. Galbraith: He bought that section of rail bed didn't he?
E. Galbraith: He bought something, yes, as far as I know. We were trying to stop people from going
up it and we couldn't, so we just let it go, you know.
M. Carey: So you're saying he bought the small piece, the little number 7 on the circle? That's a
1 . Okay,
V. Travis: And 7 is the rail bed,
M. Carey: Okay. For this parcel on this side , right?
V. Travis: Yes.
M. Carey: And then this side is what's outlined - -
T. Guihan: Where's the fifth lot? I've got 14, 139 159 1 --
V. Travis: And 7.
T. Guihan: Oh, and 7. But that says it's owned by Jennings,
K. Galbraith: He bought it. How far up it goes I'm not sure . He told me it goes up to just about the
sewer plant. However far that is.
G. Van Slyke: The railroad bed .
K. Galbraith: The railroad bed from Walpole to just above the sewer plant.
M. Carey: I never walk that way. I always go the other way.
G. Van Slyke: I think that as we look at this, Walpole Road , as I'm looking at it anyway, separates
the parcels. So how can you put parcels on two different sides of the road in the same parcel? It can't
be done so like basically what would have to be done is we can operate with the boundary changes
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maybe for 13 , 14, 15 . But then we'd have to treat 1 and 7 separately from that because they are on the
other side of the road and that would affect, as far as I can see, it would affect -- no way you can
combine properties in a boundary change across a roadway.
M. Carey: Right, Now I agree with you. We've had other subdivisions --
G. Van Slyke: So the whole idea of getting five pieces is out of the question . We can do three .
K. Galbraith: That's fine .
G. Van Slyke : And then they would have to figure out what they're going to do with -- well, they
could probably put 1 and 7 together in another tax parcel or tax number, but as far as the roadway
just separates the parcels.
M. Gunn: Do you have a question about three seven as to whether or not he did or did not own
that?
G. Van Slyke: Yes.
M. Gunn: He does.
G. Van Slyke: He owns 7?
M. Gunn: Yes. Well, okay. My point is still the same point, that we can only operate with what
we see here, 13, 14, and 15 for tonight.
K. Galbraith: Can you combine 1 and 7?
G. Van Slyke : I don't see any reason why you can't if you have a tax map number for one . Is there a
tax map number for one , Mark?
M. Gunn: What's that? Three one?
G. Van Slyke: Is there a tax map number for 1 ?
M. Gunn: 221 -3- 1 ?
Male: Three dash one , yes.
G. Van Slyke: I can't really see it here.
M. Gunn: Three point one shows to be owned by LeRoy Ely,
K. Galbraith: But that better be in her name .
E. Galbraith: Right, it had better be in my name.
M. Gunn: In whose name?
E. Galbraith: My name.
K. Galbraith: Elsie's.
M. Gunn: This is last year's tax roll.
K. Galbraith: When did it finally get changed?
E. Galbraith: Judas priest, its been a while .
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K. Galbraith: It's been at least a year.
E. Galbraith: I had a lawyer go to do that, too .
M. Gunn: It could be different on this year's but this is 99's tax roll.
V. Travis: Well, I think we better hold off on that --
G. Van Slyke: Let me ask a question then about the Jennings strip, number 7. Does that have a
tax map number to it?
M. Gunn: Yes. And that's showing that Floyd owns it. Number 7 that is the tax map number,
221 -3-7,
G. Van Slyke: And 1 is in with it too?
M. Gunn: And 1 shows that Ely owns it. According to this tax roll, and this is not the 2000 tax
roll. This is the 99. And it could have ended up getting changed over.
K. Galbraith: When was this made out?
M. Gunn: It was for 99 taxes, last September.
K. Galbraith: Last September, Okay,
G. Van Slyke: Well, I can't really see why we can't do a boundary change for 13, 14, and 15 and get
that all in one big parcel.
M. Carey: How does the rest of the Board feel?
V. Travis: I agree.
Be Albro: I agree.
M. Baxendell: I agree.
T. Guiliano I agree on 13, 14, and 15 ,
Be Clark: I agree.
M. Carey: Okay,
G. Van Slyke: We still have to do the SEQRA. We don't have a motion yet on combining yet, but --
Me Carey: Let's do the SEQRA.
G. Van Slyke: The SEQRA should be done .
M. Carey: This is a form we have to fill out that's required by State Law. It's a SEQRA
assessment form to see if anything -- there'll be any changes made that's going to affect our plans for
the Town of Groton . So, George --
Board Member George Van Slyke then read aloud Part II of the Short
Environmental Assessment Form. Negative responses were obtained to all
questions in Part He Therefore, it was determined by the Planning Board, upon
the motion made by Member Van Travis, seconded by Member Barbara Clark, with
all members present voting in favor, that the action, based on the information
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submitted, will not cause any significant adverse environmental impact,
resulting in a negative declaration.
This becomes Action # 2 of this meeting.
M. Gunn: I don't want to confuse the issue, but you can combine two lots with a road
inbetween. See that? That means that's a portion of that tax map .
V. Travis: In fact, we had some of that last month in the Tillotson -- remember those little lines
that went across LaFayette Road? I misspoke - - little arrows.
M. Gunn: Zigzag,
V. Travis: We still need to come back to this until we determine the ownership of the parcel.
G. Van Slyke: We don't have a motion on the floor for this anyway. My feeling is that why would
you want to -- are you planning on hanging on to both pieces, or all the pieces here?
E. Galbraith: Yes, we are.
G. Van Slyke: You're going to maintain control of all of them and you just want to have two
different tax parcels.
V. Travis: Well, it seems to me we have -- first of all, we do not have an application to do the
latter. We have a couple of options . One is to approve what is before us, and I think we need to ask
you this -- and the other is to postpone action tonight, determine the ownership , and bring in an
application to do the five rather than the three and have us act on it next month .
K. Galbraith: Do the three, have that done and taken care of, and then at a later date combine the
other ones.
G. Van Slyke: Yes, because your application states that to combine all lands owned by Mr.
Galbraith on the north side of Walpole Road, and 7 and 1 are not on the north side of the road.
V. Travis: That is correct.
M. Carey: Right,
G. Van Slyke: So your application states differently than what you're really asking us for.
K. Galbraith: We've been going through and trying to get all this taken care of.
G. Van Slyke: Yes, I can imagine . Well, that being --
K. Galbraith: It's no big deal; we can always combine it later.
V. Travis: Yes.
G. Van Slyke: Okay, that being thought out, I'd make the motion that we do a boundary change for
pieces 13, 14, and 15 on the north side of Walpole Road to be combined to form one tax parcel .
M. Carey: George just made the motion. Do I hear a second?
B. Clark: I second the motion .
M. Carey: All in favor`? (All members present indicated in the affirmative.) Carried.
This becomes Action # 3 of this meeting.
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M. Carey: So I think everything is all set for you folks. So like we discussed, if you'd like to
combine the others, you can.
E. Galbraith : Thank you.
K. Galbraith: Later date .
M. Carey: Yes, later date.
Steven Howard, RO - 608 Cortland Road - TM # 2040-29. 1 - Possible Change to Special Permit
M. Carey: The next item on the Agenda is the Pizza Barn. I don't believe, personally, that we
need to have any action from this Board. I don't know if you new folks realize that Kathleen Howard is
my sister, and I want that out in the open in case we do decide to discuss this further. But the
Howards have applied for a permit from the State to serve some alcoholic beverages, basically wine and
beer, at the Pizza Barn, and they wanted to let the Board know about this. They have notified the
Town Board . I talked to Glenn this morning and Glenn said that the Town Board had no jurisdiction
over it and they had no problems with it. Steve has contacted the State DOT and the State DOT had
no problems with it either. And so he's applied to the State Liquor Board to be able to get his liquor
license . So anyway, I looked through the Minutes of our meeting back on May 20th, and in that, and
I've read these Minutes pretty thorough , and we did talk -- it was a Public Hearing -- and we did talk
about the sale of alcohol, and at the time , the Howards were not interested in getting into it. And we
have stated in the Minutes at that meeting that we felt that they would not need to come back to our
Board if they decided to go for a license to sell the beer and wine because the ABC Board would be the
regulatory board. So, basically, I am just informing you that the Howards just wanted this Board to
know what is going on so that if anybody is asked, then everybody knows that they have applied for an
alcohol license .
V. Travis: The only thing I would add is we did not restrict their Special Pen-nit with respect to
either alcohol or entertainment, although we discussed rather thoroughly each of those items.
M. Carey. Right. And they applied for an eating and drinking establishment permit and it was
granted with stipulations on page 6 of 12 in the Minutes of the Public Hearing,
G. Van Slyke : Well we didn't put a restriction on it, did we?
M. Carey: No, we didn't. The only restrictions were to have no onstreet parking, lighting was to
be designed to not illuminate the neighboring properties, if they have to go for a sign permit they need
to come here, and the Health Department approval.
G. Van Slyke : We didn't even care about whether they had music in the place , you know. So why
are we concerned about whether he has -- I think that's between him and the Alcohol Board.
M. Carey: Right. But the Howards just wanted to inform the Board that they had applied for
this permit in case anybody -- just basically to let the Board know that.
V. Travis: I believe that there's nothing further to discuss.
M. Carey: Does everybody else feel that way? (Only an uh-huh was heard . ) So, is there any
other new business to come before the Board?
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Other Business
M. Carey: Did the new Board members receive their packets? Did you go and sign the Oath of
Office? All three of them are indicating yes. Okay, we're working on the Comprehensive Plan which is
in your packet -- it's a blue book everybody must have received. We've discussed this up to Chapter 6
what I'd like to do for the next meeting is discuss Chapters 6 and 7 . So if you new folks could read up
to that point, and if you have some ideas on the first five chapters that you'd like to introduce into the
Minutes, then we'd like to hear your ideas on some changes we could make on how to update this
Ordinance . The ZBA is also working on this. They called a couple of workshop meetings and made
some recommendations to the Town Board on different changes in the Comprehensive Plan. Does
anybody have any questions?
B. Clark: We've already discussed up to six so we'll do six and seven .
M. Carey. We'll discuss six and seven at our next meeting.
G. Van Slyke : Why can't we just go through six thru nine?
M. Carey: Okay, that's fine .
G. Van Slyke: Because nine is implementation .
M. Carey: I think the reason we were just discussing six and seven was because at the time we
had quite a bit on the Agenda and we decided to --
G. Van Slyke: Eight is land development patterns and I don't know as that's really -- and the rest of
the whole thing is appendixes. I don't think we need to go and review the appendix.
M. Carey: Okay, so we'll put on the Agenda for next month to finish it up basically. Everybody
read it over and prepare any comments or questions. It's the time to ask. Anymore questions or
comments or anything else to come before the Board?
Adjournment
V. Travis: Are you ready for a motion to adjourn, Madam Chairman?
M. Carey: Yes, I am.
V. Travis: I'll move we adjourn .
G. Van Slyke: Second .
M. Carey: All in favor.? (All members present indicated in the affirmative ) "Thanks.
The meeting was adjourned at 9 p.m .
Jo . Fitch
Recording Secretary
11 / 3 /Oo
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