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HomeMy WebLinkAbout2005-04-21 TGPB OWN OF ROTON LANNING OARD Minutes of Regular Meeting - Thursday, 21 April 2005 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 Glen Morey, Town Supervisor Mark Baxendell Rick Gamel, Town Councilman Brad Albro Vicky Monty, Town Attorney Mary K. Gloster Janice Haines Applicants & Public in Attendance Paul Speight, Applicant; Alberto Maccou, Applicant; Sheldon Clark, John Fitch. The meeting was called to order at 7:35 p.m. by Chairperson Monica Carey. OB LD USINESS Alberto Maccou, Applicant/Steven & Valerie Sweazey, ROs – NYS Route 34B (Peruville Rd.) – TM #36.-1-62.3 – Preliminary Site Plan (Note: The applicant had appeared before the Planning Board on 17 March 2005, at which time he discussed his proposed two-story five-unit apartment house at this location. Reference is made to those Minutes for details. A Public Hearing was set for this date; however, on advice of the Town Attorney, because a completed application had not been received, the public hearing was not held.) Chairperson Monica Carey recognized Mr. Maccou who presented a Site Plan, prepared by Timothy C. Buhl, P.E., and a fully completed application for the Board’s use. Member Mark Baxendell complemented Mr. Maccou on the plans submitted. All Board members present agreed that the application was complete. Member Baxendell commenced an item-by-item review of the checklist for the Site Plan. Electric service will be underground, with location to be designated by NYSEG. Height of building will comply to that required by Groton Code. LPG will be utilized for heating, and the Code addresses this. There will be no sign, nor any outside lighting, except for a light on the house. Landscaping will be installed when the building is completed. Mr. Maccou acknowledged receipt of a 17 March 2005 letter from the Tompkins County Department of Planning via the Town Clerk’s Office. Member Baxendell concluded that the applicant had met all the requirements set forth by the Tompkins County Department of Planning, and the Town’s checklist which was provided to the applicant. A letter dated 14 April 2005 had been received from the County Planning Department suggesting that the site aesthetics and function could be improved by moving the proposed parking area back from the road in line with the proposed apartment building. Using the topographical delineations shown on the Site Plan, Member Baxendell noted that this would not be practical nor work very well because it would require a lot of fill to be brought onto the site at a large expense. It would add a 10-foot drop from the road which would be a problem in the wintertime. Everyone on the Board agreed. Member Barb Clark asked the applicant if the only access to the site would be off Route 34B, and Mr. Maccou responded yes. She also asked the applicant if he would consider some sort of small shelter for the use of school children living at the site who would wait for the school bus. Mr. Maccou stated he would consider doing so. Page 1 of 6 (T) Groton Planning Board Minutes of Regular Meeting 21 April 2005 Chair Carey asked Member Baxendell to read aloud Part II of the Short Environmental Assessment Form. Negative responses were obtained to all questions in Part II. A motion was then made by Member Baxendell that the action, based on the information submitted, will not cause any significant adverse environmental impact, resulting in a Negative Declaration. The motion was seconded by Member Clark, with the vote recorded as follows: Ayes: Chair Carey Nays: None Member Albro Member Baxemdell Member Clark Member Gloster Member Guihan Member Haines Motion carried. This becomes Action #12 of 2005. A motion was then made by Member Brad Albro that the Site Plan Review application for the proposed five-unit apartment house was complete. The motion was seconded by Member Janice Haines, with the vote recorded as follows: Ayes: Chair Carey Nays: None Member Albro Member Baxemdell Member Clark Member Gloster Member Guihan Member Haines Motion carried. This becomes Action #13 of 2005. A motion was then made by Member Mary Gloster to approve the Preliminary Site Plan for the proposed five-unit apartment house, as submitted, with a Public Hearing set for a Special Meeting on 5 May 2005 at 7:30 PM. The motion was seconded by Member Clark, with the vote recorded as follows: Ayes: Chair Carey Nays: None Member Albro Member Baxemdell Member Clark Member Gloster Member Guihan Member Haines Motion carried. This becomes Action #14 of 2005. NB EW USINESS Paul Speight, Applicant/RO – 481 LaFayette Road – TM #28.-1-16.2 – Site Plan Review – Proposed Agri-Tourism Destination Project Chairperson Carey recognized Mr. Speight who explained that he and his wife had received a $25,500 Agri-Tourism State Grant to expand their Turtle Dreams Bed and Breakfast offerings to include an educational program for families, groups, and individuals. The program offered would be how “we’ve come from the Stone Age of agriculture thru present in the Groton area. It was proposed to construct Page 2 of 6 (T) Groton Planning Board Minutes of Regular Meeting 21 April 2005 of a bathhouse, teepees for a camping area, a dining pavilion, and expansion of the parking area, in two phases, as shown on the sketches submitted. Mr. Speight explained that Phase II of his proposal was for an eco-village which be an educational community on the site, similar to a primitive village. There would be a house constructed for a “host family.” Member Gloster asked if there would, then, be a second living facility on the site; Mr. Speight responded in the affirmative. The Planning Board discussed whether to look at the complete proposal, both Phases I and II. CEO Coats stated that he had gone over the process with the applicant who is aware that a variance may be required for “other issues, especially the Phase II issue,” such as height requirements for accessory structures, second residence on the parcel, etc. Member Baxendell commented that if the Board looked at both phases now, there was a problem “to start with.” The Board then considered looking at only Phase I to begin with. Member Baxendell stated that the Preliminary Site Plan Checklist had not been entirely completed. Mr. Speight stated that Phase I needed to be completed by October in order to preserve the grant he has received. Chair Carey commented that the proposal is no longer a bed and breakfast; it’s an agri-tourism business. The Board and the Code Enforcement Officer hashed over the possible procedures and how to handle them. The applicant cannot go before the ZBA for a variance without a “turn-down” from the CEO, and the CEO can’t do anything with a Building Permit without the Planning Board’s approval; then, the Planning Board can’t do anything without a variance from the ZBA. The Planning Board and the Town Attorney reviewed the Code to determine what section applied to the proposed project. Member Baxendell asked the applicant, while Chair Carey and Attorney Monty were reviewing the Code, if the families occupying the proposed six dwelling units would be year- round tenants, and Mr. Speight replied in the affirmative. Chair Carey the reviewed the applicant’s Phase I project, as provided on Page 3 of the narrative accompanying the application, starting with “retain a Landscape Designer/Engineer to develop land use designs.” Since the second item as “retain an Architect . . .” it was felt that the word “design” should be deleted from those items that followed. The Board then went back to determining where the proposed project would fall under the Code. Member Baxendell felt that, since the grant was through the State Tourism Board, it would fall under Agriculture on page 54, where it would be an allowed use. Further, it could be included as a prototype model of Agri-Tourism; this would be allowed with Site Plan Review. Member Baxendell stated that the Site Plan needed to be to scale, and setbacks should be shown, and advised the applicant to use the checklist provided to prepare a more detailed Site Plan. A letter dated 20 April 2005 from the Tompkins County Department of Planning was acknowledged. Mr. Speight stated he would comply with all requirements and Codes, and that the first phase would be designed by someone from the EcoVillage organization. Member Baxendell advised the applicant to complete the Ag Data Statement, and Mr. Speight stated there were no farms within 500 feet of his property. After a extensive discussion regarding how to classify the application, it was decided that the best thing to do was to deny the application, as presently submitted, and then have the applicant complete a new application for Phase I only. A motion was made by Member Baxendell to deny the Site Plan Review for the proposed Agri-Tourism Destination project, as submitted. The motion was seconded by Member Gloster, with the vote recorded as follows: Ayes: Chair Carey Nays: None Member Albro Member Baxemdell Member Clark Page 3 of 6 (T) Groton Planning Board Minutes of Regular Meeting 21 April 2005 Member Gloster Member Guihan Member Haines Motion carried. This becomes Action #15 of 2005. Page 4 of 6 (T) Groton Planning Board Minutes of Regular Meeting 21 April 2005 Walpole Real Estate, Applicant/Harold & Ruth Bernhardt, ROs – West Groton Road – Part of TM #22.-1-15 – Boundary Line Change CEO Gary Coats stated that the Mr. Walpole could not be present to explain the proposed Boundary Line Change, so he had volunteered to present the proposed change to the Planning Board. The Planning Board and Town Attorney felt that this would be considered a conflict of interest. Therefore, a motion was made by Member Clark to postpone any action on this matter until the regular Planning Board meeting of 19 May 2005 to allow the applicant/representative to be present. The motion was seconded by Member Gloster, with the vote recorded as follows: Ayes: Chair Carey Nays: None Member Albro Member Baxemdell Member Clark Member Gloster Member Guihan Member Haines Motion carried. This becomes Action #16 of 2005. AM–17M2005 PPROVAL OF INUTES ARCH It was noted by Member Clark that she was not present at that meeting, which should be reflected in the Minutes. A motion was made by Member Albro to approve the Town Planning Board Minutes of 17 March 2005, as corrected. The motion was seconded by Member Haines, with the vote recorded as follows: Ayes: Chair Carey Member Albro Nays: None Member Baxemdell Member Clark Member Gloster Member Guihan Member Haines Motion carried. This becomes Action #17 of 2005. OM THER ATTERS  Procedures for receiving applications for Planning Board consideration . Town Supervisor Glen Morey stated he was sorry that the Public Hearing for Maccou could not be held as scheduled, but based the decision on the advice of the Town Attorney who stated the application was incomplete. A discussion was held regarding the Town’s procedures for taking in applications and who determined their completeness. The Planning Board was under the impression that the Code Enforcement Officer reviewed all applications for completeness before they were placed on the Agenda. CEO Coats stated that he did not review them but, from now on he would be glad to do so before they were presented to the Board. Chair Carey stated that the Planning Board has consistently received many incomplete applications, but having the CEO review them should eliminate this on-going problem. Supervisor Morey agreed that CEO Coats would do this review. CEO Coats advised that he was in his office from 8:30 a.m. to 10 a.m. or 11 a.m., and sometimes to noon or 1 p.m.. However, applicants could call his office and set up a definite time to see him. It was agreed that the “first step would be to see” the CEO. Member Gloster suggested posting the CEO’s office hours and publish them in the paper. Page 5 of 6 (T) Groton Planning Board Minutes of Regular Meeting 21 April 2005 Councilman Rick Gamel commented that the Town Clerk’s Office needs to refer the applicants to the CEO. Attorney Monty stated she would set down the proper procedures in writing. At the completion of this discussion, a motion was made by Member Gloster that the Town Code Enforcement Officer is to review all applications for completeness, acknowledge same with his initials thereon, and refer them to the Town Clerk’s Office for receipt of fees and placement on the Planning Board’s Agenda. The motion was seconded by Member Clark, with the vote recorded as follows: Ayes: Chair Carey Nays: None Member Albro Member Baxemdell Member Clark Member Gloster Member Guihan Member Haines Motion carried. This becomes Action #18 of 2005.  Town Attorney’s presence at Planning Board meetings. Chair Carey stated that she would like to have the Town Attorney present at all Town Planning Board meetings which will be considering questionable Site Plan Reviews. She would notify the Town Attorney when her presence is needed.  Return of Planning Board meeting tapes to Town. Board Secretary Fitch stated she had received an e-mail from the Town Clerk requesting that the tapes of each meeting be mailed to them with the Minutes, and not delivered to them (as had been done since 1995±) at the following month’s Planning Board meeting. Mrs. Fitch stated she would do so, but there would be a shipping/handling charge added to her invoice. Supervisor Glen Morey concurred that this would be appropriate and approved same (not to exceed $10). A DJOURNMENT At 9:38 p.m., a motion was made by Member Clark to adjourn the meeting. The motion was seconded by Member Guihan, with all members present voting in favor. Joan E. Fitch, Board Secretary Emailed to Town Clerk, Chair Carey & Board Member Gloster on 5/4/05. Originals hand delivered on 5/5/05 w/tape. Page 6 of 6