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Home My WebLink About2002-06-20 , i TOWN OF GROTON PLANNING BOARD Minutes of Public Hearings & Regular Meeting Thursday, 20 June 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 Glenn Morey, Town Supervisor Mark Baxendell Sheldon Clark, Town Councilman Brad Albro James Baranello , Acting Town Attorney Mary K. Gloster Janice Haines (arrived 8 : 15 PM) Applicants & Public in Attendance Rick & Brenda Hendrickson, Applicants ; Donna & Lori Williams , Applicants ; Gordon Hollern , Applicant; James Lockwood, Applicant; Keith & Janet Degear, Applicants ; Dorothy & Phillip Martinez ; Jeff Cronk, DeForest Hall, John Fiore , Jan & Earl McFall; Lisa M. Hahn, Marion H(?) , Alan Giambattista; ; Duane & Edith Hall; Sally & Ed Neuhauser, Danile Hall , Thomas Stelick, Michael Zhe , Dolores Hemming, Harold Bernhardt, John Lane . The meeting was called order at 7 : 30 p . m, by Chairperson Monica Carey PUBLIC HEARING # 1 Gordon Hollern , Applicant - 750 Cortland Road - TM # 20- 1 - 35 - Site Plan Review / Special Permit - Motor Vehicle Repair Shop Chairperson Carey opened the Public Hearing and read the Legal Notice , as published . The Chair then recognized the applicant who was proposing to establish a motor vehicle repair shop in the rear of the building which , he stated, would be divided into two sections , with a fire wall installed as required . Mr. Hollern stated he would have all the required State licenses in place , and would also adhere to the requirements for disposal of all wastes (oil , etc . ) . Chair Carey acknowledged receipt of a detailed Site Plan which , she stated , would be submitted to the Tompkins County Planning Board for their review . Chair Carey asked for public comments, which were received as follows : Alan Giambattista - 612 Salt Road - concerned about noise and accumulation of "unsightly cars in various states of disrepair. " Interested in having fence installed to block view from their adjacent property. Light has been installed by NYSEG which shines into their bedroom at night; would like this re- aimed or have a shade put around it. Would like existing evergreens on property to remain . Applicant has asked NYSEG to fix the light problem , and they will have no junk vehicles on the site . Only noise would be what was generated from inside the shop which wouldn 't be as noisy as the truck traffic going by now. Does not intend to remove existing trees . Marion H . - 612 Salt Road - Asked who owned field between subject property and their property. Board reviewed tax map which indicated a discrepancy which the Board stated they would check into . DeForest Hall stated that Mr. Hollern owned the property right up to the Giambattista property. This needed to be determined . Member Baxendell stated there was also a discrepancy in acreage: Mr. Hollern 's says 1 . 69 A. , and tax map the Board has says 2 . 44 A. Member Baxendell asked if there were any future plans to plant trees on the north side of the property, and Mr . Hollern replied that eventually he would like to do something because of the wind , and there would be additional landscaping in the future . Page 1 of 6 I (T) Groton Planning Board Minutes of Public Hearings & Regular Meeting 20 June 2002 DeForest Hall - doesn 't want to see accumulation of junk vehicles . In favor of repair shop there . The Board noted the improvement to the appearance of the property since Mr. Hollern has been there . Member Tom Guihan asked about the arrangements for the repair shop , and the applicant responded that the operator of the repair shop would lease the shop portion of the building. With everyone being heard who wished to be heard, the Public Hearing was closed at 7:44 p . m. DISCUSSION The Board then discussed the request and considered conditions for the Permit. A permit was already in place to display 25 roadworthy vehicles where designated ; the Board would consider 30 roadworthy vehicles to allow for those coming for motor vehicle repairs . Also , they would stipulate that there by no excessive outside noise nor excess lighting. The applicant agreed there would be no body work done on the site . The Board asked the applicant what would be the hours of operation , and he responded 8 a. m. to 6 p. m . , Monday thru Saturday. No customers cars would be worked on on Sunday, but perhaps a personal car would be. He agreed there would be no hours of operation on Sundays . In closing, Member Guihan asked the applicant to clear up the property line location . Chair Carey reiterated that this needed clarification . Member Albro requested no additional exterior lights be installed . Chairperson Carey advised everyone present that "Under 6 NYCRR Part 517 . 5(c) ( 10) , ( 12) or ( 13) of the State Environmental Quality Review Law, the propsed 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 . " Member Brad Albro then made a motion to approve the Preliminary Site Plan for the motor vehicle repair shop , with the following conditions : maximum exterior display of 30 roadworthy vehicles , no excessive outside noise or lighting, hours of operation 8 a. m . to 6 p. m . , Monday through Saturday . The motion was seconded by Member Barbara Clark, with the vote recorded as follows : Ayes : Chair Carey Nayes : None Member Albro Member Baxendell Member Clark Member Gloster Motion carried . Member Guihan Absent : Member Haines This becomes Action # 24 of 2002 After a brief discussion , the Board asked Mr. Hollern to submit a Final Site Plan indicating ( 1 ) property lines , (2) more detailed plan w/ location of all vehicles (sale vehicles and auto repair vehicles) . The applicant agreed to submit the required plan by 26 June . A motion was then made by Member Clark to set a Special Meeting for the Public Hearing on this matter on 11 July 2002 at 7 : 30 p . m . The motion was seconded by Member Tom Guihan, with the vote recorded as follows : Ayes : Chair Carey Nayes : None Member Albro Member Baxendell Member Clark Member Gloster Motion carried . Member Guihan Absent: Member Haines This becomes Action # 25 of 2002 Page 2 of 6 (T) Groton Planning Board Minutes of Public Hearings & Regular Meeting 20 June 2002 o.va.vo.ao�ac�oa�oa.oc.oc.00�o PUBLIC HEARING # 2 Donna L. Williams, Applicant - 86 Wickham Road - TM # 22- 1 - 13 - Site Plan Review / Special Permit - Antique Shop Chairperson Carey opened the Public Hearing and read the Legal Notice , as published . The Chair then recognized the applicant who presented a drawing of the proposed antique shop , along with a drawing of the proposed parking for six vehicles on both sides of the driveway . Ms . Williams explained that the 13 ' by 20 ' basement room would contain the shop . She stated they planned to start the business by opening two or three days a week and by appointment. By appointment would be better as her home is on a dead-end road . In response to Member Guihan 's question , she stated that she planned to open only in the spring or summer, 9 a. m . to 4 p. m . , Thursday, Friday, Saturday, and otherwise by appointment. Parking was discussed; Ms. Williams stated she had a wide, double driveway so there would be ample parking. Member Baxendell made some calculations and , after discussion , it was determined that there was , in fact, ample parking. In addition , the chance of having more than four customers there at one time was "really pushing it. " Chair Carey asked for public comments ; one was received as follows : Harold Bernhardt - 123 West Groton Road - Owns most of land ( 180± A. ) on south side of Wickham Road , plus almost everything on north side of the road . Road not designed to carry traffic we 're seeing today. Complained about trash going into field, drainage of water on north side, potholes , reckless driving, vehicles ending up in his pasture , Williams ' children's toys in his pasture , etc. Objects to antique shop because of increased traffic. With everyone being heard who wished to be heard, the Public Hearing was closed at 8 : 11 p . m . DISCUSSION Chairperson Carey advised everyone present that "Under 6 NYCRR Part 517 . 5 (c) ( 10) , ( 12) or ( 13) of the State Environmental Quality Review Law, the propsed 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 . " She also acknowledged receipt of a 14 June 2002 letter from the Tompkins County Planning Department stating that "The Department has reviewed the proposal, as submitted, and has determined that it has no negative inter-community or County-wide impacts . " CEO George Senter advised the Board that he had inspected the subject residence because the proposed antique shop would be located in the basement. Ms . Williams stated that there was a restroom located in the basement. Member Guihan then made a motion to approve the Preliminary Site Plan for the antique shop , with the following conditions : no onstreet parking, operating hours 9 a. m . to 4 p . m . , Thursday, Friday, and Saturday, and by appointment. The motion was seconded by Member Gloster, with the vote recorded as follows : Ayes : Chair Carey Nayes : None Member Albro Member Baxendell Member Clark Member Gloster Motion carried . Member Guihan Absent: Member Haines This becomes Action # 26 of 2002 . Page 3 of 6 (T) Groton Planning Board Minutes of Public Hearings & Regular Meeting 20 June 2002 A motion was then made by Member Mark Baxendell to set the Public Hearing on this matter for 11 July 2002 at 7 : 45 p. m. The motion was seconded by Member Brad Albro , with the vote recorded as follows : Ayes : Chair Carey Nayes : None Member Albro Member Baxendell Member Clark Member Gloster Member Guihan Member Haines Motion carried . This becomes Action #27 of 2002 . James W. Lockwood , Jr. , RO / Applicant - 633 Old Stage Road - TM # 20- 1 -40 4 - Minor Subdivision / Flag Lot Chair Carey recognized the applicant who was seeking a subdivision of his property as shown on the sketch accompanying the application . He explained that he had it surveyed in 1997 , but never realized it had to be recorded . The original parcel contained 8 . 46± acres with 504± feet of road frontage . He stated that he owned Parcels A & B as shown on the map submitted , and he was requesting a flag lot with a 50 ' wide by 213± feet deep pole to access the back of what is shown as Parcel B, to be a 2 . 365± A. lot. He presently resides on a 1 ± acre parcel (the front portion of Parcel B) . Chairman Carey noted 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 . " She also acknowledged receipt of a 11 June 2002 letter from the Tompkins County Planning Department stating that "The Department has reviewed the proposal, as submitted , and has determined that it has no negative inter-community or County-wide impacts . " A motion was then made by Member Baxendell to approve the preliminary subdivision , as requested , subject to submittal of a land survey map prepared by a Licensed Land Surveyor. The motion was seconded by Member Albro , with the vote recorded as follows : Ayes : Chair Carey Nayes : None Member Albro Member Baxendell Member Clark Member Gloster Member Guihan Member Haines Motion carried . This becomes Action # 28 of 2002 . Keith & Janet Degear, ROs /Auplicants - 633 Old Stage Road TM # 20 1 40 4 Minor Subdivision / Flag Lot Chair Carey recognized the Mr . Degear who was seeking a subdivision of his property as shown on the sketch accompanying the application . He explained that he wished to sell what was shown as Lot #4 to a neighbor, giving him a 15' "right-of-way" to this parcel from his adjacent lands (indicated as "Lobdell (R. O . ) . " The present owner is Patrick Jones , he stated . It was noted that both Lots 2 and 3 on the map had already been subdivided, so it was not necessary to come before the Planning Board for this . Lot 1 , as shown , is his existing place of residence, and the proposed Lot 4, as submitted, would be a landlocked parcel which is not allowed . To solve this problem, the Board advised the applicant that the proposed buyer, Mr. Jones , could simply come before the Board and request a Page 4 of 6 I (T) Groton Planning Board Minutes of Public Hearings & Regular Meeting 20 June 2002 boundary change , incorporating the purchased parcel (Lot #4) in his deed by legal description , as it would be combined with his adjoining property along Pleasant Valley Road . Attorney Baranello advised the Board that the buyer could come in with a contract to purchase Lot #4 and it action could be taken at that time . Action #29 - None Taken . Rick & Brenda Hendrickson, Applicants / Tammy Thomas RO - 170 West Groton Road - T M # 15 , 00-01 -43 , 300 - Site Plan Review - Paint Ball Recreation Facility The Public Hearing on this proposed facility was held 16 May 2002 (please refer to those minutes for details) . This Board's decision on the request for a proposed paint ball recreation facility at this location was postponed until this date . Chairperson Carey recognized Mr. Hendrickson and asked him if he had been successful in obtaining the required signature of the Landowner on his application , which had been omitted . Mr. Hendrickson responded that he had not been able to get ahold of the owner, but he wanted to obtain a list of the required Site Plan Modifications as compiled by the Board . He was provided with that list (Item 1 on that list was " Signature of landowner") . A copy of this list and its attachments have been placed on file for the record. Chairperson Carey advised the applicant that these modifications / restrictions need to be provided , and until the signature of the landowner is obtained , the Planning Board could go no further with its decision as the application , as it stands , is incomplete . Attorney Baranello stated that the Board has only 62 days from the date of the Public Hearing to make its decision and if, at that time , the Board did not have what was required, the application should be denied . If the application is complete by the next meeting date , 11 July, then the Board should either approve it, deny it, or approve it with modifications . A final public hearing would then be set at that time . Action # 30 - None Taken . Approval of Meeting Minutes - 16 May 2002 A motion was made by Member Clark to approve the Minutes of the 16 May 2002 meeting, as submitted . The motion was seconded by Member Albro , with the vote recorded as follows : Ayes : Chair Carey Nayes : None Member Albro Member Baxendell Member Clark Member Gloster Member Guihan Member Haines Motion carried . This becomes Action # 31 of 2002 Page 5 of 6 (T) Groton Planning Board Minutes of Public Hearings & Regular Meeting 20 June 2002 Adjournment A motion was made by Member Mary Gloster to adjourn the meeting. The motion was seconded by Member Baxendell , with the vote recorded as follows : Ayes : Chair Carey Nayes : None Member Albro Member Baxendell Member Clark Member Gloster Member Guihan Member Haines Motion carried . The meeting was adjourned at 9* 02 p. m . Jo . Fitch , Board Secretary 7 / 9 / 02 Page 6 of 6