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HomeMy WebLinkAbout2004-08-19 TGPB OWN OF ROTON LANNING OARD Minutes of Regular Meeting - Thursday, 19 August 2004 – 7:30 PM – Town Hall Members, Groton Planning BoardOthers Present (*Absent) Monica Carey, Chair Joan Fitch, Recording Secretary Barbara Clark Gary Coats, Town CEO Tom Guihan Mark Baxendell *Brad Albro Mary K. Gloster Janice Haines Applicants & Public in Attendance John D. Wood, Applicant; Nick Klimaszewski, Applicant; Les Buchanan, Applicant; Bonnie Swearingen, Judy Buchanan, Ken ???; Lyle Raymond, ZBA Chairman; Rick Gamel & Sheldon Clark, Town Councilmen. The meeting was called order at 7:30 p.m. by Chairperson Monica Carey. Nicolai Klimaszewski, Applicant/Walter Klimaszewski, RO – 779 & 747 Clark Street – TM #s 20.-1-7.3 & 7.2 – Minor Subdivision Chairperson Carey recognized the applicant who was seeking approval of a four-lot subdivision. The applicant, in referring to an enlarged section of the tax map of the properties, explained that the parcel indicated as “1” was to be separated out of the entire parcel. The remainder of the parcel would then be subdivided into what was shown as “2” and “3.” Parcel “4,” as shown on the tax map sketch was determined to be a boundary change (TM 20.-1-7.3), and the applicant was advised to apply for a boundary change at some time in the future, at his discretion. Chair Carey also advised him that this would be considered a Minor Subdivision, not a Rural Subdivision. There would be, he stated, no change in ownership for the boundary change parcel. Mr. Klimaszewski stated that the property has not been surveyed yet. He requested that the Board deal with the subdivision only at this time. He would appear before the Board at a later time to “eliminate the line between the 7.3 parcel and the L-shaped parcel to its right” (w/Clark Street at the bottom of the page). The map provided was confusing because the parcel written in with a “4” had no tax map number or acreage to use as a reference, nor was there any North arrow to use in describing the parcels, e.g. the parcel to the east of … Member Gloster felt that the Board needed to approve the four parcels. The applicant asked if he could get everything approved at this meeting if he paid the boundary change fee. The Board advised the applicant that they would take action on the four-lot Minor Subdivision. When all the map confusion was concluded, Chairman 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 Minor four-lot subdivision 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 Gloster Member Baxendell Member Clark Member Guihan Absent: Member Albro Page 1 of 6 (T) Groton Planning Board Minutes of Regular Meeting 19 August 2004 Member Haines Motion carried. This becomes Action #27 of 2004. Leslie Buchanan, Applicant/RO – Talmadge Rd. & Cobb St. Intersection – TM #14.-1-2 – Minor Subdivision Chair Carey recognized Mr. Buchanan who was seeking approval to subdivide his land (174.5 ± acres) into four parcels as shown on the tax map sketch accompanying the application. This large parcel also contains an additional 64.6± acres on the opposite side of Cobb Street. It was determined that the subdivided lots all had adequate road frontage. Mr. Buchanan stated he was subdividing two one-acre lots and one two-acre lot out of the main portion of the parcel and would retain the farmhouse and the remainder of the land. Parcel 1, as shown on the opposite side of the road is mostly swampland, but there is a buildable three-acre field leading into other woods/swampland to the rear. With no more questions from the Board members, Chairman 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.” Mr. Buchanan stated that he may build a house on the main farm within two or three years. A motion was then made by Member Gloster to approve the Minor Subdivision of Land, as requested, contingent upon receipt of the required survey map prepared by a Licensed Land Surveyor. The motion was seconded by Member Haines, with the vote recorded as follows: Ayes: Chair Carey Nays: None Member Gloster Member Baxendell Member Clark Member Guihan Absent: Member Albro Member Haines Motion carried. This becomes Action #28 of 2004. John D. Wood, Applicant/Bonnie M. Swearingen, RO – 925 Spring St. Extension – TM #25.-1- 11.3 – Motor Vehicle Repair Shop Chair Carey recognized the applicant who was seeking a Special Permit to operate a Motor Vehicle Repair Shop at this location. Chair Carey stated she had been to the property, and there were several unlicensed vehicles on the site. She advised the applicant that the Town did have a “junk ordinance.” The applicant stated he was aware of that and he had been “working on that.” Chair Carey stated that the Planning Board would require that the site be brought into conformance before there could be any Special Permit for a motor vehicle repair shop. Mr. Wood questioned the number of vehicles allowed to be on the site, licensed v. unlicensed. Member Gloster stated that most vehicles brought in for repair were already licensed, so this should not be a problem. Mr. Wood asked if he could have unlicensed vehicles of his own sitting there that he was working on and he didn’t understand why he couldn’t. He then asked how Sherry O’Brien and others had unlicensed vehicles. Mr. Wood explained that he had an unlicensed vehicle on the site that had a motor in it that was going to be “pulled” and used in another unlicensed vehicle on the site. Once the motor was pulled, he stated, the body would then be removed from the site and disposed of; same for a transmission job Page 2 of 6 (T) Groton Planning Board Minutes of Regular Meeting 19 August 2004 he had to do. One of the vehicles was on a car hauler and the other car was working and “used around the yard.” Chairperson Carey advised Mr. Wood that a Public Hearing would be required for the proposed MVRS. The applicant stated he had talked with his neighbors who were all in favor of his opening the shop; he had never received any noise complaints. In response to Chair Carey’s question, Mr. Wood stated he would like to have no more than ten vehicles there at any one time for repairs. He stated he had room for that many and would park them in the stoned area in front of the garage and between the garage and the house. Chair Carey stated that the Planning Board would want to see the cars parked in an “orderly fashion.” Chair Carey mentioned junk vehicle(s) that were observed in the weeds; Mr. Wood stated the only one in the weeds was a truck on which he was going to place a wrecker body. In response to Member Clark’s question, the applicant stated he did almost all of his work inside the garage except for an occasional truck that would not fit. Member Gloster stated she counted six or seven vehicles; Mr. Wood countered that “a lot of those are licensed.” He stated he had four that were not licensed; all the rest are. He stated he had been cited by CEO Coats. CEO Coats reported that former CEO Senter had cited Mr. Woods in April as a result of a drive-by inspection. CEO Senter returned in June and found everything the same. CEO Coats stated he visited the site on 9 July and he found 7+ vehicles there. On 19 July, CEO Coats reported he visited the site and there were numerous vehicles still remaining. On 29 July, a visit resulted in the same report. Mr. Woods appeared in Court as a result of an appearance ticket issued by CEO Coats, but any decision was postponed until 1 September to see what “goes on with the Site Plan Review and all that.” Chair Carey clarified that there were two unlicensed vehicles on the site: one for a motor, and one for a transmission. Once the vehicles that are there to have the motor/transmission removed from, those will be removed from the site and disposed of. These are the four unlicensed vehicles Mr. Wood stated were there. CEO Coats added that there were “a couple in the hedgerows” that looked like pickup trucks; Mr. Wood agreed and they were on a trailer, just cabs, and would be turned into a wrecker with what’s left disposed of. CEO Coats advised the applicant that doing the things he says he plans on doing “borderlines on being a junkyard.” This is what the Town, he stated, did not want to see. He advised Mr. Wood that he could do anything inside, but once it gets outside, it becomes a Town problem. Mr. Wood stated, “In other words, if you got a registered repair shop here in Groton, if you’re working on a car and you’ve got to wait for parts on it, you can’t park it outside unless that car’s 100% intact and licensed until you get the parts you need to fix it?” CEO Coats responded that was “pretty much the case.” The applicant then again questioned Sherry O’Brien’s repair shop which has a bunch of unlicensed cars that have been there a long time. Member Baxendell explained that Mr. O’Brien’s operation has always been a problem, but his business was “grandfathered-in” – in existence long before the Zoning Ordinance. Mr. Wood stated there were a “lot of people around Town” who had unlicensed vehicles – not just Mr. O’Brien. Chairperson Carey again advised the applicant that a Public Hearing would be required. In addition, before any Special Permit could be granted, the property needed to be cleaned up. Mr. Wood again argued about this stating that he needed the vehicles for parts, etc. When asked if he could put them inside, he responded there was no room in his garage. It was then suggested that he remove the motor/transmission from the vehicles and store those, getting rid of the bodies. Mr. Wood then stated he would do something to remedy the problem in order to have his Motor Vehicle Repair Shop. Chair Carey stated the Board would discuss his application and schedule a Public Hearing for September. She also stated that she would like permission from the applicant to allow CEO Coats to walk his property to ascertain if he had removed all of the junk vehicles. Mr. Wood agreed that he had no problem with having CEO Coats come to his property anytime he would like. In response to Chair Carey’s question, Mr. Wood stated that he could fit 5 motor vehicles in the garage if he did not have all of his tools in there. Page 3 of 6 (T) Groton Planning Board Minutes of Regular Meeting 19 August 2004 Member Guihan suggested to Mr. Wood that he work with CEO Coats to get this property cleaned up. Member Baxendell advised Mr. Wood that if he started cleaning up the site, this would be a good report to take to his Court date on 1 September. Also, Board members will be observing the subject property to ascertain if Mr. Wood is sincere in his efforts to bring the site into compliance. Chair Carey also asked the applicant to provide the Planning Board with another drawing indicating where vehicles would be parked. With regard to lights, he had outdoor lighting there which would stay as is, with no additional lighting planned. CEO Coats advised the applicant to obtain a permit from him for any sign. With no further questions or concerns, a motion was made by Member Clark to accept the Preliminary Site Plan for a proposed Motor Vehicle Repair Shop, with a Public Hearing set for 16 September 2004 at 7:30 p.m. The motion was seconded by Member Guihan, with the vote recorded as follows: Ayes: Chair Carey Nays: None Member Gloster Member Baxendell Member Clark Member Guihan Absent: Member Albro Member Haines Motion carried. This becomes Action #29 of 2004. Chair Carey advised the applicant to return at the September meeting with (1) the number of cars to be worked on at one time, (2) hours of operation, (3) any noise outside, and (4) parking layout. Approval of Minutes – 20 May 2004 & 15 July 2004 A motion was made by Member Clark to approve the Minutes of the 20 May and 15 July 2004 Planning Board, as submitted. The motion was seconded by Member Guihan, with the vote recorded as follows: Ayes: Chair Carey Nays: None Member Gloster Member Baxendell Member Clark Member Guihan Absent: Member Albro Member Haines Motion carried. This becomes Action #30 of 2004. Janet C. Fish, Applicant/RO – 683 Old State Road – TM #20.-1-40.6 – Public Hearing re Special Permit for Home Occupation Chair Carey stated that according to the Zoning Ordinance, a Public Hearing should have been scheduled for this application. Therefore, a motion was made by Member Baxendell to set a Public Hearing for 2 September at 7 p.m., with a Special Meeting to follow. The motion was seconded by Member Clark, with the vote recorded as follows: Ayes: Chair Carey Nays: None Member Gloster Member Baxendell Member Clark Page 4 of 6 (T) Groton Planning Board Minutes of Regular Meeting 19 August 2004 Member Guihan Absent: Member Albro Member Haines Motion carried. This becomes Action #31 of 2004. Gordon Hollern – Revised Special Permit – Motor Vehicle Sales Lot – 750 NYS Route 222 – No Application Completed CEO Coats stated that the Planning Board had put a restriction on Mr. Hollern’s Special Permit to operate his Motor Vehicles Sales business, limiting his days/hours of operation which was illegal. Member Baxendell responded by stating that Mr. Hollern only requested the hours of operation stated in his Permit. In addition, Mr. Hollern submitted a memo dated 9 August 2004, a copy of which has been placed on file, requesting changing his business operation to full time, instead of part time. After a brief discussion, a motion was made by Member Baxendell to revise the applicant’s Special Permit to remove Saturday/Sunday only sales and allow normal operating hours/days. The motion was seconded by Member Gloster, with the vote recorded as follows: Ayes: Chair Carey Nays: None Member Gloster Member Baxendell Member Clark Member Guihan Absent: Member Albro Member Haines Motion carried. This becomes Action #32 of 2004. Other Business  Lyle Raymond stated he was present to discuss a proposed cell tower to be erected by Cingular across from Member Clark’s property behind a section of woods—between numbers 1034 and 1072 Old Stage Road. Chair Carey stated that there needed to be an application completed. CEO Coats stated that Cingular’s representative wanted to “sit down with me for about a half hour,” so he was going to contact “her” to set up an appointment. The Board, ZBA Chair Raymond, and CEO briefly discussed the proposed application and the Town’s regulations regarding cell towers. Mr. Raymond stated that their most likely will be representatives of Cingular, the Town Attorney, and others present at the September meeting regarding the proposed tower.  Portable Swimming Pools – Chair Carey stated she liked the notice that CEO Coats had placed in the paper regarding this type of pool which has a water depth of 24+ inches, requiring compliance with the regulations governing their installation. Member Gloster stated she would like to see this posted on the Town’s website as a public information service.  Decks – the Board and CEO briefly discussed decks and their regulations/requirements Adjournment At 8:45 p.m., a motion was made by Member Clark to adjourn the meeting. The motion was seconded by Member Gloster, with every member present voting in favor. Page 5 of 6 (T) Groton Planning Board Minutes of Regular Meeting 19 August 2004 Joan E. Fitch, Board Secretary Emailed to Town Clerk, Chair Carey, & Board Member Gloster on 9/3/04. Originals mailed. Page 6 of 6