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Home My WebLink About2004-07-15 TGPB OWN OF ROTON LANNING OARD Minutes of Regular Meeting - Thursday, 15 July 2004 – 7:30 PM – Town Hall Members, Groton Planning BoardOthers Present (*Absent) Monica Carey, Chair Joan Fitch, Recording Secretary Barbara Clark Glenn Morey, Town Supervisor Tom Guihan Gary Coats, Town CEO Mark Baxendell Brad Albro *Mary K. Gloster Janice Haines Applicants & Public in Attendance Sue & Joe Bennett, Applicants; Marge VanBenschoten, Applicant; Janet Fish, Applicant; Harvey Norte, Applicant; Attorney Robin Masson, Attorney James Henry. The meeting was called order at 7:30 p.m. by Chairperson Monica Carey. Joseph & Sue Bennett, Applicants/ROs – 257 Old Peruville Road – TM #35.-1-21.3 – Boundary Change Chairperson Carey recognized the applicants who were seeking approval of a boundary change. As explained in the narrative accompanying the application, the Bennetts were purchasing a 75-foot wide strip by 325± feet deep from their adjacent neighbor, Mary Adams, TM #35.-1-20. They stated that they wished to add this .6± A. piece to their 2.23± acre property to ensure that the existing trees and diversion ditch remain. Chairperson Monica Carey asked the Bennetts if they had a copy of their Purchase Offer, and Sue Bennett replied that they did. Supervisor Glenn Morey graciously made a copy of the PO for the file. Member Baxendell recommended that the applicants have a new survey map completed showing the addition of the 75-foot strip to their existing 2.23± acre parcel. The Board agreed that this should be done as a matter of record. There being no other questions or comments, Chair Carey read the following statement into the record: “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.” A motion was then made by Member Mark Baxendell to approve the Boundary Change as requested, contingent upon submittal of a new survey map. The motion was seconded by Member Brad Albro, with the vote recorded as follows: Ayes: Chair Carey Nays: None Member Albro Member Baxendell Member Clark Member Guihan Absent: Member Gloster Member Haines Motion carried. This becomes Action #23 of 2004. Page 1 of 4 (T) Groton Planning Board Minutes of Regular Meeting 15 July 2004 Harvey A. Norte, Applicant/RO – Sharpsteen & Pleasant Valley Roads – TM #35.-1-8 – Rural Subdivision of Land Chair Carey recognized Attorney Jim Henry, representing the applicant who was seeking approval for a Rural Subdivision of Land. Chair Carey noted that the application was missing the required Agricultural Data Statement, and Attorney Henry advised the Board that he would drop one off at the Town Office “tomorrow.” Attorney Henry explained that they applicant was asking for Planning Board approval of two transactions that had already taken place, shown on a portion of the tax map accompanying the application as “A” and “B-1.” Parcel A was sold in May, and Parcel B-1 in June of this year. There was some confusion at the time as to whether or not subdivision approval was needed because the two were contiguous although dissected by Pleasant Valley Road. Attorney Henry stated that it was assumed by all parties involved that there was no subdivision issue as “A” was a single parcel north of the road, separate from the others, and the first lot out. Mr. Norte, he stated, had asked former- CEO George Senter if Parcel B-1, sold to Davis, required subdivision approval. The CEO then checked with the Town Attorney and told Mr. Norte that there was no problem because it was a parcel separated by a road. However, after the closing, the County Clerk’s opinion was that it might need subdivision approval. Now there’s a new CEO, Gary Coats, who consulted with someone else in the Town Attorney’s Office, and they said it did need subdivision approval. Attorney Henry stated that he disagreed with that conclusion. He then reviewed the Subdivision Ordinance where it covered “lots transected by public or quasi-public rights-of-way into separate lots of record without new boundary alignment.” Then, look at the definition of a lot, under Subdivision. It’s not always a tax parcel, he stated. From the lot definition, he went to “development lot.” Here it explained that a development lot “is a continuous unbroken lot described by the boundary lines on the assessor’s tax maps, but not crossing any railroad right-of-way, town right-of-way, or street.” According to this, Attorney Henry stated, there were three development lots in this application, A, B, and C. Development lot B was divided into B- 1 and B-2 and did not require subdivision approval because there were no boundary line realignments. However, he stated, subdivision approval should have been obtained for the first lot out, Lot A. Attorney Henry stated this was really a bizarre situation: “Why should anyone have to get subdivision approval to sell off a single lot, a development lot, on the north side of the road, but they don’t need to have subdivision approval when a lot on the other side of the road is divided into two pieces?” This is what the current Ordinance requires. As a result of all of this, Attorney Henry asked the Board for approval as a Rural Subdivision. He also suggested that this confusion be discussed by the Town Board and perhaps made more clear in the future. Supervisor Morey commented that the Town’s Comprehensive Plan is currently being worked on and would be presented to the public for their comment in September of October. In response to Chair Carey’s question, Mr. Norte stated that he had no plans to subdivide B-2 at this time. The subject parcels were more than adequate in size and road frontage, and the Board did not feel that a public hearing was necessary as the parcels had already been sold. There being no other questions or comments, Chair Carey read the following statement into the record: “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.” A motion was then made by Member Tom Guihan to approve the Rural Subdivision as requested. The motion was seconded by Member Janice Haines, with the vote recorded as follows: Ayes: Chair Carey Nays: None Member Albro Member Baxendell Member Clark Page 2 of 4 (T) Groton Planning Board Minutes of Regular Meeting 15 July 2004 Member Guihan Absent: Member Gloster Member Haines Motion carried. This becomes Action #24 of 2004. Attorney Henry stated that he will submit the required map to the Town Clerk’s Office for the Planning Board Chair’s approval. Douglas C. & Marjorie R. VanBenschoten, Applicants/ROs – 680 Stevens Road – TM #31.-1-19.2 – Rural Subdivision of Land Chairperson Carey recognized Attorney Robin Masson, representing the applicants who were seeking approval to subdivide their 82± acre parcel into three lots as shown on the survey map prepared by Denkenberger & Greene, dated 7 July 04. Lot #1 (which has a 100’ x 44’ barn on it) consisted of 43.51± acres has a potential buyer; Lot #2 (which has the house on it and a pond) was being retained by the owners, and Lot #3 consisting of 24.94± acres would also be offered for sale. Chair Carey stated that she thought Lot 2, as shown, should be considered a flag lot, and the attorney agreed. The measurements, as shown, conformed to the requirements for a flag lot. The buyer of Lot 1 will be putting in his own driveway. There being no other questions or comments, Chair Carey read the following statement into the record: “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.” A motion was then made by Member Barbara Clark to approve the Rural Subdivision as requested. The motion was seconded by Member Albro, with the vote recorded as follows: Ayes: Chair Carey Nays: None Member Albro Member Baxendell Member Clark Member Guihan Absent: Member Gloster Member Haines Motion carried. This becomes Action #24 of 2004. Janet C. Fish, Applicant/RO – 683 Old State Road – TM #20.-1-40.6 – Special Permit for Home Occupation Chair Carey recognized the applicant who was seeking a Special Permit to conduct a massage therapy business in one room of her home. There would be no structural changes required. The Board also determined that since there would only be one customer at a time, parking was adequate. The Planning Board advised the applicant that: there was to be no onstreet parking, no retail sales, all Code requirements were to be met. Regarding hours of operation, Ms. Fish responded that they would be by “appointment only.” CEO Coats stated that he would make a safety inspection before she opened her practice. Ms. Fish stated that currently she is certified, but will take her State exam in August. She uses absolutely no chemicals. With no further questions or comments, a motion was made by Member Baxendell to approve the Special Permit for the home occupation (massage therapy), with the following stipulations: (1) no onstreet parking, (2) no retail sales, and (3) hours of operation to be by appointment only. The motion was seconded by Member Albro, with the vote recorded as follows: Ayes: Chair Carey Nays: None Member Albro Page 3 of 4 (T) Groton Planning Board Minutes of Regular Meeting 15 July 2004 Member Baxendell Member Clark Member Guihan Absent: Member Gloster Member Haines Motion carried. This becomes Action #26 of 2004. Approval of Minutes – 20 May 2004 Chair Carey stated that the Board members had not received a copy of the Minutes so they will obtain them and review them for approval at the August meeting. No Action Taken. Other Business Town Supervisor Morey advised the Board that Gary Wood, PE, will be submitting a o subdivision at a future meeting (Tim Higgins). The Planning Board stated that Mr. Wood should complete an application and submit it to be placed on the Agenda. Everyone welcomed the new Code Enforcement Officer, Gary Coats. Thank-you’s have o already gone out to the other candidates. Adjournment At 8:45 p.m., a motion was made by Member Baxendell to adjourn the meeting. The motion was seconded by Member Clark, with every member present voting in favor. Joan E. Fitch, Board Secretary Emailed to Town Clerk, Chair Carey, & Board Members Gloster & Albro on 8/3/04. Originals mailed. Page 4 of 4