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HomeMy WebLinkAbout2002-04-04 f' a TOWN OF GROTON PLANNING BOARD Minutes of Re-Scheduled Regular Meeting Thursday, 4 April 2002 - 7*30 PM - Town Hall Members, Groton Planning Board (*Absent) Others Present Monica Carey, Chair Joan Fitch, Recording Secretary *Barbara Clark George Senter, Sr. , Code Enforcement Officer Tom Guihan Mark Baxendell Brad Albro Mary K. Gloster Janice Haines Applicants & Public Present Eric & Karen Hewitt, Applicants The meeting was called order at 7930 p.m. by Chairperson Monica Carey Erik M . Hewitt , Applicant / Erik M . & Karen Hewitt . ROs - Bird Cemetery Road - TM # 14- 1 -9 . 2 - Minor Subdivision Chairperson Carey recognized Mr. & Mrs. Hewitt and asked them to explain to the Board what their intentions were. Mr. Hewitt stated that he wished to subdivide his 52± acre property into two parcels, with his existing residence occupying a 320 ft. deep by 500 ft. wide ± lot fronting on Bird Cemetery Road. The remaining parcel would be the site of a proposed single-story duplex to be used as a rental property. A sketch of the proposed subdivision depicted on a tax map of the property accompanied the application, along with an Agricultural Data Statement, listing of adjacent property owners, and a Short Environmental Assessment Form. Chair Carey explained that there had been one parcel sold off of this property, so the subdivision would make the third parcel off from this lot. Therefore, the proposed Minor Subdivision required the approval of the Planning Board, Mr. Hewitt questioned the need for a land survey; however, he stated that in order to have electric service to the proposed duplex without being charged, he needed to have it on a separate parcel. He explained that he did not want it surveyed because of the additional expense and, also, he had no intention of selling the property. But, if he did sell it, he said that he might not sell it the way the sketch shows the subdivision. He just drew the proposed property lines to establish for the Planning Board that there was the required acreage/ road frontage. Mr. Hewitt estimated the present cost of a survey at $800 when, five years from now, he might have to expend $1 ,000 to redo it. He stated that he was told by the Board of Assessment that they did not require a survey map as he was "only doing two more sides to an already established lot." Chairperson Carey advised the applicant that a Mylar copy of a subdivision map was required by the Town of Groton as part of the Town's rules and regulations. CEO Senter stated that he had talked with Town Attorney Casullo who advised that a subdivision map prepared by a Licensed Land Surveyor was required by the Town. CEO Senter also advised the applicant that even though he had no present intentions of selling the property, but without a survey map, someone might come along in the future and purchase both places and, if they want to sell that they might make a non- conforming lot and the Town would never know about it. CEO Senter also reminded the applicant that he would need a survey map for laying out the duplex and septic system, etc. Banks, too, require survey maps. Chair Carey stated that if, for any reason, he wished to change a property line in the future, he would just come before the Planning Board for a boundary change. Mr. Hewitt stated that he wished to proceed with his application for a Minor Subdivision, Page 1 of 4 ` (T) Groton Planning Board Regular Meeting Transcript 4 April 2002 In answer to the Board's question, Mr. Hewitt explained the proposed layout of the duplex. There would be a two-bedroom unit located on both sides of the garage, which would be in the middle. The units would have radiant heat. Access to the units would be through the garage, with each occupant having a remote garage door opener. After entering the garage, which will be heated, the residents can access their unit. Bathrooms and door widths would be handicapped accessible. There was also a washer/ dryer utility area included on the plan. Maintenance of the property would be by the Hewitts. Chairperson Carey then acknowledged that "Under 6 NYCRR Part 617.5(c)( 10), ( 12) or ( 13) of the State Environmental Quality Review Law, the proposed action is a Type II action and is determined not to have a significant impact on the environment or is otherwise precluded from environmental review under the Environmental Conservation Law, Article 8." Therefore, no further SEQR review of the proposed Minor Subdivision is necessary. A motion was then made by Member Tom Guihan to approve the Minor Subdivision, as requested. The motion was seconded by Member Brad Albro , with the vote recorded as follows: Ayes: Chair Carey Nayes: None Member Albro Member Baxendell Member Gloster Member Guihan Member Haines Absent: Member Clark Motion carried. This becomes Action # 16 of 2002 . Chair Carey instructed the applicant to bring the required survey maps in to the Town Clerk's Office where they would be signed. CEO Senter advised Mr. Hewitt that there was a time limit for filing the subdivision map with the County. Approval of Meeting Transcript - 21 February 2002 A motion was made by Member Albro to approve the Transcript of the 21 February 2002 meeting, as submitted. The motion was seconded by Member Guihan, with the vote recorded as follows: Ayes: Chair Carey Nayes: None Member Albro Member Baxendell Member Gloster Member Guihan Member Haines Absent: Member Clark Motion carried. This becomes Action # 17 of 2002 . Discussion of Meeting Minutes / Transcript Chair Carey asked those Board members present if they had received a paper in their packet regarding the meeting minutes not being submitted within the required 14 days. . They said that they had. She stated that this was not the norm, but the Board Secretary agreed that it did happen (the date the transcript was completed for each meeting is given at the very bottom of each transcript) . She stated that she had talked with the Board Secretary and also with Supervisor Morey. The Supervisor told her that it was up to the Planning Board how they wanted a record of their meeting prepared. Chair Carey then asked the Board Secretary for her comments. Mrs. Fitch explained that the only the Town of Groton requires her to do a verbatim transcript of both the ZBA and Planning Board meetings. She stated that she does six other boards, and they all require narrative minutes, as set forth in the "Office of Town Clerk" handbook published by the Association of Towns of the State of New York, wherein it states that "Minute need not be a verbatim transcript, but merely reflect the nature of the action taken Page 2 of 4 ` (T) Groton Planning Board Regular Meeting Transcript 4 April 2002 and the vote ." Preparation of a verbatim transcript takes much longer, involves many more pages, and also is done at a much higher cost. Mrs. Fitch brought with her the Minutes Book she keeps for the Town of Virgil to show the Board members, as an example. The Board members asked why the record of their meeting was done verbatim instead of narrative, and she explained that when she was retained by the Town, she was asked to provide the transcript, so has always done it that way. She stated that she would continue to do as municipal boards so directed. Mrs. Fitch told the Board that she instituted the providing of an Index of Actions via fax to the Town Clerk's Office within 24 hours of their meeting, indicating what actions were taken by the Board. Chairperson Carey stated that the Town Board's minutes are not done verbatim. Member Mary Gloster thought that if there was anything controversial at any meeting, then the tapes could be saved. A motion was then made by Member Mark Baxendell that the Minutes of the Planning Board be prepared in the narrative format instead of a verbatim transcript, starting with this meeting. The motion was seconded by Member Albro, with the vote recorded as follows: Ayes: Chair Carey Nayes: None Member Albro Member Baxendell Member Gloster Member Guilian Member Haines Absent: Member Clark Motion carried. This becomes Action # 18 of 2002 . Suggestion re Public Hearings Member Baxendell suggested that the next change that should be taken into consideration was holding Public Hearings at the same meeting as the applicants first appear, eliminating the need for the applicants to appear before the Board to explain their applications and then return, a month later, if a Public Hearing is required. Discussion re Jeff Lewis Property - 488 Locke Road - TM # 16- 1 -4.812 CEO Senter explained that Jeff Lewis' residence is in an Industrial Zone and he wished to construct an all-season room addition to his home. This zone provides "no residential development allowed." He now has a pre-existing, non-conforming building, and a non- conforming building cannot be expanded, enlarged, or built onto . CEO Senter stated that he sought an interpretation of the Code from Lyle Raymond, ZBA Chair, and he agreed. CEO Senter stated that the way the zoning is presently, there are eight people in this same area who cannot do anything with their house, can't add onto it or anything. Mr. Lewis could seek a Use Variance, but they are difficult to receive. The only other alternative was to change the zone. CEO thought that either the zone should be changed, or else Industrial should be interpreted differently. Report on International Building Code CEO Senter explained that the new International Building Code should become effective in July, but as he understands it, the Town will have a choice to use either the IBC or the NYS Building Code until the first of the year. He stated that he had one final refresher course in May and, at that time, he would be qualified for the IBC . Every community in the State of New York will be provided with a copy of the IBC . CEO Senter stated he thought this Code was better and more clear. Page 3 of 4 (T) Groton Planning Board Regular Meeting Transcript 4 April 2002 Adjournment A motion was made by Member Albro to adjourn the meeting. The motion was seconded by Member Mary Gloster, with the vote recorded as follows: Ayes: Chair Carey Nayes: None Member Albro Member Baxendell Member Gloster Member Guihan Member Haines Absent: Member Clark Motion carried. The meeting was adjourned at 8*03 p . m. Jo K E . Fitch, Board Secretary 4 / 16 / 02 RECEIVE4 [APR 17 2002 Page 4 of 4 TOWN OF GROTON TOWN CLERK