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Home My WebLink About2002-07-11 TOWN OF GROTON PLANNING BOARD Minutes of Public Hearings & Special Meeting Thursday, 11 July 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 Brad Albro Mary K. Gloster Janice Haines Applicants & Public in Attendance Donna & Lori Williams , Applicants ; Gordon Hollern , Applicant; Dorothy Martinez; DeForest Hall , Janice McFall; Ed Neuhauser, Penny Brockway, Harold Bernhardt . 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, as he stated at the 20 June 2002 previous hearing, would be divided into two sections , with a fire wall installed as required . Mr. Hollern had 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 . ) . Also at the 20 June 2002 hearing, Member Guihan had asked the applicant to clear up the property line location . Mr . Hollern stated he had investigated where his rear property line was and found that , indeed, it did abut the Giambattista property, so the acreage of the subject parcel is 2 . 44± A. instead of 1 . 67± A. Chair Carey acknowledged receipt of a letter from the Tompkins County Planning Board for regarding their review of the proposed repair shop , which stated that they have determined there would be no negative inter-community or County-wide impacts . Mr. Hollern was complimented on the appearance of the property since he purchased it. With everyone being heard who wished to be heard, the Public Hearing was closed at 7: 35 p . m . DISCUSSION With no further discussion , Member Barbara Clark then made a motion to approve the Site Plan / Special Permit 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 Tom Guihan , 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 # 32 of 2002 . Page 1 of 4 (T) Groton Planning Board Minutes of Public Hearings & Special Meeting 11 July 2002 Other Discussion While Waiting for next Public Hearing The procedures for reviewing a new application once submitted to the Town were discussed . It was noted that the Application for Site Plan Review/ Special Permit has a blank to list the Landowner, their address and a place for the Landowner's signature . This information is crucial and needs to be completed and verified at the time of submittal . The Board Secretary stated that other Planning Boards she works for have separate sections on their forms for "Applicant" and "Property Owner . " The Property Owner section is required to be filled out, even if the Property Owner is the same as the applicant . The name of the Property Owner is also included on the Agenda along with the Applicant's name . This way, the Board Members are also made aware of the Property Owner 's name . The Board agreed that having this information on the Agenda would be of great help . On the Application for Review & Approval of Subdivision, there is only the name of the subdivider requested ; there is no place for Property Owner and, in some previous applications , these are not the same . Member Guihan stated that these revisions would be helpful . - ----------- 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 at 7: 45 p.m. , and read the Legal Notice, as published . The Chair then recognized the applicant who had 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 at the hearing held 20 June 2002 . At that meeting, Ms . Williams explained that the 13 ' by 20 ' basement room would contain the shop , they planned to start the business by opening two or three days a week and by appointment, 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, that she had a wide , double driveway so there would be ample parking. Chair Carey asked for public comments ; one was received as follows : Harold Bernhardt - 123 West Groton Road - Also spoke at 20 June 2002 Public Hearing. Again reiterated he 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 . Brought in trash picked up on his electric fenced-in property which he claims comes from the Williams property. Complained about " illegal" fireworks occurring at the subject property. Never has problem on any of his other properties , just this one . Should not be a business allowed on that road because it would generate more traffic which would generate more litter. Chair Carey advised Mr. Bernhardt that the Planning Board had no control over litter and that she, too , had litter on her road . He then stated, "But the people who are doing it, since it's a dead-end road, can and that's the same person that's applying to you for a permit . " Chair Carey advised him to call the Sheriff and report litter being thrown onto his property. He continued , "I am dead against you issuing any kind of a permit for a business to the people who are presently littering my property and show no respect for the law—fireworks, the race car on the road, and no respect for my property. . . I'm really dead against it. " Complained applicant did not have adequate room for parking. People would end up parking on the road. The Board members had each visited the subject property and saw no problem . CEO Senter responded that a drawing had been provided which indicated adequate parking; Mr. Bernhardt was shown the drawing. Chair Carey advised him that if he saw a violation regarding any conditions that may be imposed on the applicant, he should notify CEO Senter. Member Gloster commented that it was speculation on Mr. Bernhardt's part as to who litters his property and along the road . He complained about other people parking on road . Mr. Bernhardt continued on : "Tell you what I'm Page 2 of 4 (T) Groton Planning Board Minutes of Public Hearings & Special Meeting 11 July 2002 gonna do . . . I have decided, my wife and I have decided, that since we 've already videotaped her foster children throwing stones at our animals , . . . my only choice to them is to go to Social Services and say, hey, this woman 's not providing adequate supervision for these kids. I would suggest you get them out of there before one of my animals comes barging out of that pasture and attacks them , especially my 2500-1b . bull . " He also stated, "If I have an occasion in the future . . where something was damaging my property because of that Permit, when I take them to court I'm going to have to include you folks too - because you gave them the Permit, and I warned you about it. Okay, just so you're on notice . " Mr . Bernhardt then left the Hearing. At this point, Mrs . Williams ' daughter approached the Board and provided them with a Fireworks Permit issued to them on 28 June 2002 by the Deputy Chief of the Groton Fire Department. The fireworks were ignited by a professionally licensed individual, and the permit required that they start at 10 p . m , The permit has been placed on file for public record . With everyone being heard who wished to be heard, the Public Hearing was closed at 8* 01 p . m . DISCUSSION With no further discussion , Member Brad Albro made a motion to approve the Site Plan / Special Permit 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 Janice Haines , 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 # 33 of 2002 , Board Member Guihan then asked the applicants if they could "police the area" to mitigate Mr. Bernhardt's complaint. Old Business 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) . It was noted that Mr. Hendrickson was not the owner of the subject property, so the owner's signature was required on the application . There was no signature and, at the 20 June 2002 meeting, Mr . Hendrickson responded that he had not been able to get ahold of the owner yet , and he obtained a list of the required Site Plan Modifications compiled by the Board A copy of this list and its attachments were placed on file for the record. At that time, 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 . At this meeting, Chair Carey advised that the Hendricksons had been asked to return before the Board with a completed application / revised site plan . She further stated that the Board had heard nothing further from the applicants , nor had they received the requested documents . Member Gloster advised Page 3 of 4 (T) Groton Planning Board Minutes of Public Hearings & Special Meeting 11 July 2002 that she had checked with the Town Clerk's Office late today, and there was nothing there from the applicants . With no further discussion , a motion was made by Member Tom Guihan to deny the request for Site Plan Approval / Special Permit for a proposed paint ball recreation facility due to an incomplete application . 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 . This becomes Action # 34 of 2002 . Adjournment A motion was made by Member Mary Gloster to adjourn the meeting. The motion was seconded by Member Barb Clark, 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 8 : 07 p . m. r E . Fitch , Board Secretary 7 / 16 / 02 =FI Page 4 of 4