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Home My WebLink About2009-11-19 TGPB OWN OF ROTON LANNING OARD Minutes of Regular Meeting - Thursday, 19 November 2009 - 7:30 PM Town Hall – 101 Conger Boulevard – Groton, NY Members, Groton Planning BoardOthers Present (*Absent) Barbara Clark, Chairperson Joan Fitch, Recording Secretary Monica Carey Gary Coats, Town CEO Mark Baxendell *Theresa Donlick Mary K. Gloster Janice Haines Edward Neuhauser Applicants & Public in Attendance Attorney James Henry for Richard & Ruth Whatman, Applicants; Jeff Snyder, Applicant; Kathy & Tamara Snyder, Becky & Edward Karschner, Bud & Jan McFall, Dayton & Sylvia Allen; Rick Gamel, Town Councilman; Glenn Morey, Town Supervisor. PH UBLIC EARING Jeffrey Snyder, Applicant/Reputed Owner – 575 West Groton Road – TM #22.-1-1.1 – Proposed Motor Vehicle Repair Shop (Note: The applicant appeared at the 15 October 2009 Planning Board meeting, requesting approval to re-open his motor vehicle repair shop. The Planning Board, at that meeting, advised the applicant that they were making their preliminary review, would schedule a public hearing for this meeting, and conduct a final review. The applicant was asked to provide a detailed site plan for the final review. Reference is made to those Minutes for details.) Chair Clark opened the Public Hearing at 7:34 p.m. The Board Secretary read aloud the Public Hearing Notice as published in on 10 November 2009; Proof of Publication has The Shopper been placed on file for the record. CEO Gary Coats explained to everyone present what the applicant wanted to do – re-open the same business that had been there under the applicant’s name, a motor vehicle repair shop. Since Mr. Snyder had not operated this business for over a year, his permit was revoked. Chair Clark then asked if there were any comments from the public; they were received as follows: Ed Karschner – 579 West Groton Road – Asked if the applicant will be spray-painting. Applicant stated he planned to do so, there is no spray booth, but will be using an exhaust fan. Mr. Karschner lives next door and worried about odors from paint-spraying. Not supposed to be done within 150 feet of property line. Mr. Snyder argued that neighbor’s outdoor burning was more offensive. CEO Coats responded that spray-painting must be done in approved booth. Board Secretary Fitch then explained to those present how a Public Hearing is conducted: applicant makes presentation to those present, then the public makes its comments. There is no dialogue between applicant and public. After public hearing is closed, the Planning Board then obtains answers to the public’s questions from the applicant. Page 1 of 4 (T) Groton Planning Board Minutes of Public Hearing & Regular Meeting 19 November 2009 Sylvia Allen – 564 West Groton Road – Asked where she could get copy of the “spray booth” requirements. CEO Coats responded by saying she could get them on line or he could give her a copy. She stated that when applicant painted before, it was not an issue. Janice McFall – 541 West Groton Road – Has no complaints; applicant has kept a neat place. In favor of the business. Ed Karschner – Has no problems with the business being there; just concerned with the spraying because there have been days when they could smell it. Mr. Snyder then responded that he will “do only mechanical work then.” With everyone being heard who wished to be heard, Chair Clark closed the Public Hearing at 7:45 p.m. RM EGULAR EETING The Regular Meeting of the Town of Groton Planning Board was called to order at 7:46 p.m. by Chairperson Barbara Clark. AM– PPROVAL OF INUTES 15O2009 CTOBER A motion was made by Member Ed Neuhauser to approve the Minutes of the 15 October 2009 meeting of the Town of Groton Planning Board, as submitted. The motion was seconded by Member Janice Haines, with the vote recorded as follows: Ayes: Chair Clark Nays: None Member Baxendell Member Carey Member Gloster Member Haines Absent: Member Donlick Member Neuhauser Motion carried. This becomes Action #35 of 2009. OB LD USINESS Jeffrey Snyder, Applicant/Reputed Owner – 575 West Groton Road – TM #22.-1-1.1 – Proposed Motor Vehicle Repair Shop The Board then discussed the maximum number of vehicles to be allowed for the business, along with proposed hours of operation. Chair Clark felt there should be a maximum of five vehicles on the site for repair. All vehicles should be kept behind the fence which should be extended at sometime in the future. CEO Coats stated that he would schedule a Fire Safety Inspection immediately before the shop opened. He added that if the applicant wanted to do spray-painting, a paint booth would be required; paint booths cost about $30,000 he added. With regard to hours of operation, the applicant asked for Monday thru Saturday, 8 a.m. to 9 p.m., and Sunday, 8 a.m. to 6 p.m. Chair Clark then read aloud Part II of the Short Environmental Assessment Form. Negative responses were obtained to all questions in Part II. Page 2 of 4 (T) Groton Planning Board Minutes of Public Hearing & Regular Meeting 19 November 2009 A motion was then made by Member Monica Carey that the action, based on the information submitted, will not cause any significant environmental impact, resulting in a Negative Declaration under SEQRA for the proposed Motor Vehicle Repair Shop. The motion was seconded by Member Mark Baxendell, with the vote recorded as follows: Ayes: Chair Clark Nays: None Member Baxendell Member Carey Member Gloster Member Haines Absent: Member Donlick Member Neuhauser Motion carried. This becomes Action #36 of 2009. A motion was then made by Member Carey to approve the Final Site Plan for the proposed Motor Vehicle Repair Shop, conditioned upon (1) a maximum of five cars onsite behind the fence, (2) operating h ours limited to 8 a.m. to 9 p.m., Monday thru Saturday, and 8 AM to 6 PM on Sunday, and (3) no spray-painting allowed. The motion was seconded by Member Mary Gloster, with the vote recorded as follows: Ayes: Chair Clark Nays: None Member Baxendell Member Carey Member Gloster Member Haines Absent: Member Donlick Member Neuhauser Motion carried. This becomes Action #37 of 2009. Ayes: Chair Clark Nays: None Member Carey Member Gloster Member Haines Absent: Member Baxendell Member Neuhauser Member Donlick Motion carried. This becomes Action #30 of 2009. NB EW USINESS Attorney James R. Henry, Applicant/Richard D. & Ruth C. Whatman, Reputed Owners – Chipman Corners Road – TM # 16.-1-9.42 – Flag Lot Chair Clark recognized Attorney Henry, representing the owners who were seeking approval of a flag lot with a 30-foot wide pole, as shown on the portion of the tax map accompanying the application. The owners of this 35.54± parcel want to subdivide a 9.60± lot from it to be sold to Randy Miller who owns an adjoining lot. Chair Clark acknowledged that “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.” Page 3 of 4 (T) Groton Planning Board Minutes of Public Hearing & Regular Meeting 19 November 2009 A motion was made by Member Baxendell to approve the Flag Lot, as requested. The motion was seconded by Member Janice Haines, with the vote recorded as follows: Ayes: Chair Clark Nays: None Member Baxendell Member Carey Member Gloster Member Haines Absent: Member Donlick Member Neuhauser Motion carried. This becomes Action #38 of 2009. OM THER ATTERS  Chair Clark advised Board members of upcoming meetings.  Supervisor Morey stated that Code regulations were finished and have been referred to the County for review.  Keyes (sp?) matter discussed. A DJOURNMENT At 8:02 p.m., a motion was made by Member Neuhauser to adjourn the meeting. The motion was seconded by Member Gloster, with all members present voting in favor. Joan E. Fitch, Board Secretary Emailed to Town Clerk, CEO Coats, Chair Clark & Board Members Baxendell, Gloster, Carey, Donlick & Neuhauser on 1/4/10. Originals mailed w/tape on 1/5/10. Page 4 of 4