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HomeMy WebLinkAbout2004-11-18 TGPB OWN OF ROTON LANNING OARD Minutes of Regular Meeting - Thursday, 18 November 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 Kathy & Steve Howard, Applicants; Bob Walpole, Applicant; Linda Harrington, Steven Thane, Town Councilman Rick Gamel. The Public Hearing was opened at 7:30 p.m. by Acting Chairperson Mary Gloster. (It is noted for the record that the Howards are related to Chair Monica Carey, who recused herself.) PH UBLIC EARING Kathy & Steve Howard, Applicants/R0s (dba Pizza Barn) – 608 Cortland Road (NYS Rte. 222) – TM #20.-1-29.1 – Public Hearing for Proposed Garden Center Acting Chair Gloster read aloud the Public Hearing Notice as published in the Town’s official newspaper on 9 November 2004. Proof of Publication has been placed on file for the record. (It is noted that the applicants appeared before the October Planning Board and explained that they were seeking Site Plan Review/Special Permit to convert their present business, the Pizza Barn, into a Garden Center, as shown on the sketch map accompanying their application. There will be no more Pizza Barn as of the end of the year. At that meeting, this Board set a Public Hearing for this date.) Acting Chair Gloster recognized Mr. Howard who explained to those present that he and his wife plan to grow a few vegetables and plants and sell garden supplies, etc. They would also like to stock a few plumbing, electrical, pet, and hardware supplies, lawnmower parts —– the types of things people run out of, but don’t want to make the trip to Cortland to get. He stated they plan to call their business “Howard Farms,” and would like to open their new business in early spring when the nursery-type business starts. Nothing will be done until all the t’s are crossed and the i’s dotted. Acting Chair Gloster asked for public comments. Linda Harrington spoke in favor of the proposed business and stated it was needed in Groton. With all persons wishing to be heard having been heard, Acting Chair Gloster closed the Public Hearing at 7:37 p.m. DISCUSSION CEO Coats advised that if the store sold only produce grown on the parcel, no permit would be needed, but a change of use from a place of assembly to mercantile store necessitated the Permit. Acting Chair Gloster opened the Regular Meeting at 7:40 p.m. Page 1 of 6 (T) Groton Planning Board Minutes of Regular Meeting 18 November 2004 Page 2 of 6 (T) Groton Planning Board Minutes of Regular Meeting 18 November 2004 OB LD USINESS Kathy & Steve Howard, Applicants/R0s (dba Pizza Barn) – 608 Cortland Road (NYS Rte. 222) – TM #20.-1-29.1 – Final Site Plan Review for Proposed Garden Center With no further discussion, motion was then made by Member Janice Haines to approve the Site Plan/Special Permit for the proposed Garden Center as requested. The motion was seconded by Member Barb Clark, with the vote recorded as follows: Ayes: Acting Chair Gloster Nays: None Member Albro Member Clark Absent: Member Baxendell Member Haines Member Guihan Abstain: Chair Carey Motion carried. This becomes Action #42 of 2004. NB EW USINESS Walpole Real Estate, Applicant/Marvin & Constance Torok, ROs – 239 Pleasant Valley Road – TM #35.-1-15 – Boundary Line Change Chairperson Monica Carey recognized the applicant who was acting on behalf of the reputed owners, Marvin & Constance Torok. Mr. Walpole explained that the Toroks were seeking a boundary line change to correct/clean up some “paperwork” that needed to be done. He stated that the Toroks owned TM #’s 35.-1-13, 14, 15, and 19. After meeting with a perspective buyer’s attorney and CEO Coats, it was discovered that there was some “housecleaning” that needed to be taken care of that developed 45± years ago. The parcels #13, 14 & 19 “are being transferred” and “we are reserving #15, 2.221 acres, making this a legal lot where the mobile home presently sits.” Everything was as indicated on the maps accompanying the application. This would increase the .43± acres to a legal lot of 2.221± acres. Mr. Walpole stated that #’s 13, 14 & 19 would be combined and sold as one parcel. Member Gloster asked Mr. Walpole about the line on the 10/5/04 survey map, prepared by G. Bruce Davison, PLS, which indicated two lots. Mr. Walpole explained this was done just in case someday they wanted to sell off this 150’ by 300’ lot. Right now, it will remain one 2.221-acre parcel. At the conclusion of this confusing discussion, a motion was made by Member Brad Albro to approve the boundary line change as requested. The motion was seconded by Member Tom Guihan, with the vote recorded as follows: Ayes: Chair Carey Nays: None Member Gloster Member Albro Member Clark Absent: Member Baxendell Member Haines Member Guihan Motion carried. This becomes Action #43 of 2004. Chairperson Carey noted that there was no paper in the subject folder for her to sign indicating approval of the Boundary Change. Approval of Minutes – 28 October 2004 Chair Carey noted that these Minutes were not included in the Board Members’ packets that were mailed to them, so she had asked the Deputy Clerk to put the copies out on the table for this meeting. Everyone took the time to read the Minutes as published. Member Clark stated she would Page 3 of 6 (T) Groton Planning Board Minutes of Regular Meeting 18 November 2004 like to know why they were not included in their packets so they could have read them before the meeting; she noted that they had been received in the Clerk’s Office in time to do so. A motion was then made by Member Gloster to approve the Minutes of the 28 October 2004 Planning Board meeting, as submitted. The motion was seconded by Member Albro, with the vote recorded as follows: Ayes: Chair Carey Nays: None Member Gloster Member Albro Member Clark Absent: Member Baxendell Member Haines Member Guihan Motion carried. This becomes Action #44 of 2004. Other Matters Training Sessions Attended by Planning Board Members Chair Carey asked that the record show all Planning Board Members attended an October 25 th training seminar on Ag District Laws. Chair Carey stated she also had a letter stating there would be a special meeting on 2 December also regarding Ag District Laws. She asked that members try to make plans to attend this informal meeting, as indicated in their copies. Buchanan Subdivision (8/19/04 Minutes – Action #28) CEO Coats explained that when the subdivision was approved, “they never one step further” and submitted the map for the entire subdivision to the Town, nor was it filed in the County’s office. However, someone purchased one of the lots and, when they came into the CEO’s Office for a Building Permit, it was still one tax map number, and the Permit could not be issued. The buyer was upset because she had everything for the new home orchestrated to be complete by Christmas. CEO Coats then called the surveyor and told him what the Planning Board had required. When all was said and done, it was agreed that one surveyor would accept the mapping of another surveyor (on an adjacent parcel that was sold off), so the required map was submitted on 11/17/04. The Buchanans then submitted that to the County for filing. CEO Coats will now be able to issue a Building Permit within the next week. Cell Tower CEO Coats stated that the cell tower people hope to be placed on the December Agenda; they plan to file their paperwork with the Town on 29 November 2004. Chair Carey stated that she would like to have the Town Board and the Town Attorney present when they appear before the Planning Board. CEO Coats stated he would notify Chair Carey if the applicant is on the December Agenda and she, in turn, will notify the Town Attorney. Town Councilman Rick Gamel asked if there was a timetable for this tower. CEO Coats stated that the winter will not affect them, and they would like it up for the spring. Former Patchwork & Pies Property - McLean CEO Coats advised the Board members that there is a prospective buyer for this property, and they will be coming before the Planning Board in the future. Page 4 of 6 (T) Groton Planning Board Minutes of Regular Meeting 18 November 2004 John Wood’s Motor Vehicle Repair Shop - 925 Spring St. Extension – TM #25.-1-11.3 Member Tom Guihan asked the CEO if he could report on the status of Mr. Wood’s MVRS. CEO Coats replied that there has been no significant improvement since the October meeting; the building has not yet been sided, although the siding is there. He added that he wanted to see it sided and look like a shop. Lot on NYS Route 222 – Across from Pizza Barn Member Gloster asked CEO Coats about this lot which contains a recreation trailer, shanties, and one or two abandoned vehicles (has a van in the middle of the lot). CEO Coats stated he has noticed this but will check to see who the current owner is. Member Guihan stated it was his understanding that the people who utilized this parcel have left the area. New Comprehensive Plan Chair Carey stated she had received a call from the Tompkins County Planning Department asking if this Board would like to have someone from their Department attend a meeting to discuss the new comprehensive plan which the County plans to put in place sometime in 2005. They would like to come to either the November or December meeting. The Board members felt that the December meeting was turning out to be quite busy. Steve Thane asked if this meeting would be a public meeting, and Chair Carey thought she might talk with ZBA Chair Lyle Raymond and set up a meeting with the “comprehensive group.” Referral of Planning Board Applications to County (GML) Chair Carey advised CEO Coats that, at last month’s meeting, they discussed not forwarding each and every minor application to the County Planning Department for their review. The County had asked Chair Carey to sign and send back to them the letter they had sent acknowledging this Board’s agreement. A motion was then made by Member Guihan that the Town Planning Board agrees with not having to submit all of its applications to the Tompkins County Planning Department for their review. The motion was seconded by Member Haines, with the vote recorded as follows: Ayes: Chair Carey Nays: None Member Gloster Member Albro Member Clark Absent: Member Baxendell Member Haines Member Guihan Motion carried. This becomes Action #45 of 2004. CEO Coats stated that he would like a list of the exact things they don’t want to have submitted. Chair Carey stated she would provide him with a copy of the County’s letter. Klimaszewski Subdivision Situation - 779 & 747 Clark Street Chair Carey stated that the Town Clerk had provided her office phone number to the subdivision applicant, Mr. Klimaszewski, because they felt the applicant only had 62 days to file the final subdivision map. Chair Carey stated that, according to the Groton Code Book, the applicant had 180 days for it to be filed. Therefore, there were emails sent and discussions made. Chair Carey stated that she contacted the Town Attorney, Vicky Monty, who advised that the Planning Board had followed the correct procedures and that, as Chair Carey thought, the time limit was 180 days. Page 5 of 6 (T) Groton Planning Board Minutes of Regular Meeting 18 November 2004 Chair Carey then stated that the Town Clerk’s Office refused to affix the Planning Board Chair’s signature to the subdivision map when they received it, without the Chair’s authorization. Six copies of the map needed to be stamped and signed. Chair Carey explained that previous to this, she had always been provided with the paperwork which she would sign; the Clerk’s Office would then date and stamp the maps and apply the pre-signed form, which has always worked just fine until “last week.” Chair Carey stated she called the Deputy Clerk and advised her she had authorization to do what had been the normal procedure. Chair Carey advised the Planning Board members that she was not sure how to handle this procedure from now on. However, she had been provided a folder with the approval forms therein, ready for her signature. She asked the Board if she should sign them, or was there another alternative; she could not just leave her place of employment to come to the office and sign them. A signature stamp was discussed, but it was decided this might not be a good idea. CEO Coats stated that the purpose of the signature on a map was to okay the map, as submitted, assuring that it’s what the Planning Board had actually approved. In order to assure that the maps submitted were exactly as approved by the Planning Board, CEO Coats suggested that the applicants submit their final maps to him for review in order to make sure they would be as approved by the Board. He would then notify the Planning Board Chair (via email or an evening call) whether or not the map conforms to what was approved by the Planning Board. The Chair would then authorize the Clerk’s Office if it was okay to apply the approval sticker/stamp, etc. Member Guihan suggested the applicant could drop off the maps one day, and then be instructed to pick them up the next day. CEO Coats stated that he was in his office every morning; any maps to be reviewed should be delivered to his desk “first thing in the morning,” and he will review them, contact the Chair and, if satisfactory, the applicant could pick them up the following business day or, if convenient, the CEO would deliver them. The Board agreed this was not too much to ask of an applicant. Both Members Guihan and Clark emphasized that no one’s work phone number should be given out as this could jeopardize someone’s employment. All Board members agreed. After considerable discussion, a motion was made by Member Clark that the Town of Groton Code Enforcement Officer shall review each subdivision map that is brought into the Town Office for the Planning Board Chairman’s signature and, upon completion of his review, the CEO will then advise the Planning Board Chair whether or not the map conforms to what was approved by the Planning Board. The motion was seconded by Member Brad Albro, with the vote recorded as follows: Ayes: Chair Carey Nays: None Member Gloster Member Albro Member Clark Absent: Member Baxendell Member Haines Member Guihan Motion carried. This becomes Action #46 of 2004. Adjournment At 8:40 p.m., a motion was made by Member Albro to adjourn the meeting. The motion was seconded by Member Clark, with all members present voting in favor. Joan E. Fitch, Board Secretary Emailed to Town Clerk, Chair Carey, & Board Member Gloster on 12/9/04. Originals mailed. Page 6 of 6