HomeMy WebLinkAbout2012-08-16 TOWN OF GROTON PLANNING BOARD
Minutes of Public Hearings & Regular Meeting - Thursday, 16 August 2012 - 7:30 PM
Town Hall Court Room - 101 Conger Boulevard - Groton, NY
Members, Groton Planning Board (*Absent) Others Present
Edward Neuhauser, Chairperson Gary Coats, Town CEO
Monica Carey, Vice Chair Joan Fitch, Recording Secretary
Barbara Clark Victoria Monty, Town Attorney
Mark Baxendell
Mary K. Gloster
John Morey
Bret Wyllie
Applicants & Public in Attendance
Laura Mainville, Applicant, James Cronk, Applicant; Michael Prouty, Applicant; Rodney Howe,
Applicant; Kathleen Garrett, Applicant; Town Councilmen Rick Gamel, Don Scheffler & Sheldon Clark;
Jim & Dee Scanlon, Donna Cook, Kathleen Elliott, Noreen Turcsik, Shirley Weeks, Tim Fenner, Anne
Lee, Helen Prouty, Kristopher Buchan, Paul Fouts, Robin Cargian, A. Darling, Don Mizer, Kay Baldwin,
DeAnna Darling, Carolann Darling, Ken Baldwin, Jennifer Morey, Jeff Hoyt, Jay Bensen, Fran Wells,
Earlene D. Benson.
PUBLIC HEARING #1
James Cronk, Applicant/Reputed Owner - 380 Cobb Street - TM #33.-1-3.21 - Minor
Subdivision
At 7:31 p.m., Chairman Ed Neuhauser opened this Public Hearing by reading the notice as published
in the Groton Independent and The Shopper. Proof of Publication has been placed on file for the record.
It is also noted for the record that the applicant had originally (6/21/12) submitted an application for
multi-family housing at this location, but he was advised at that meeting that he needed to first obtain
a subdivision.
Chair Neuhauser recognized the applicant who explained to those present that he was now seeking
approval to subdivide 34± acres into three parcels as described at the 19 July 2012 meeting of this
Board. Reference is made to those Minutes for details. Chair Neuhauser then asked if there were any
comments from those present; there were, as follows:
Ken Baldwin - 369 Cobb Street - Mr. Baldwin read aloud the following statement, copies of
which were .rovided to Plannin! Board members:
Page 1 of 10
(T)Groton Planning Board Minutes of Public Hearings&Regular Meeting 16 A
' •, xis .. <. = ,:., .A_.
Frances Wells - 243 Cobb Street - (Maiden name, Bensen). Groton has been farming
community for years. Did not know owner was planning on building "housing complex" on
subject. Concerned about what it will do to property values on farmland and also about
traffic. Cobb Street is congested and "speedy." Heard that people in existing duplex have
complained about milking-machine noise and that will not stop; there will be other noises,
too.
Earlene Bensen - Cobb Street - Lived there since 1948. Always been agricultural place.
Crops grown in neighborhood; cows raised. Didn't realize owner had "ulterior motive" of
getting land for building houses. Inconceivable that anyone would want houses there;
agreed with Mr. Baldwin's comments. Land should not be taken over and have anything
done with it that's not farming.
Doug Bensen - "Right around the corner" - Everybody knows houses will pay more taxes
than farmland. Got to be a balance for the environment. Almost impossible to farm
economically. When are we going to say enough is enough when it comes to splitting up
farmland?? When will we stand up and do the right thing and say "stop?"
With everyone having been heard who wished to be heard regarding this
matter, Chairman Neuhauser closed Public Hearing #1 at 7:46 p.m.
PUBLIC HEARING #2
Page 2 of 10
(T)Groton Planning Board Minutes of Public Hearings&Regular Meeting 16 A
Laura Mainville, Applicant/Reputed Owner - 380 Cobb Street - TM #24.-1-3.9 - Site Plan Review
for Proposed Home/Garage Business (Psychic Tyme)
At 7:465 p.m., Chairman Ed Neuhauser opened this Public Hearing.
Chair Neuhauser recognized the applicant's representative, Jim Scanlon, who explained to those
present that Mrs. Mainville was seeking approval to modify her existing garage/shop and home to
conduct meetings and classes, dba "Psychic Tyme," as described at the 19 July 2012 meeting of this
Board. Reference is made to those Minutes for details. Chair Neuhauser then asked if there were any
comments from those present; there were, as follows:
Carolann Darling - 1300 Spring Street Ext. - Mrs. Darling read aloud the following
statement, copies of which were provided to Planning Board members:
"My name is Carolann Darling and, together with my family, we consider ourselves truly
blessed and honored to live in such a special home with a long history of agriculture in the
Town of Groton which includes operations as an apiary during the early 19th century and a
dairy throughout most of the 20th century. Currently we raise a small flock of sheep and use
the remaining land for pasture, hay, and reforestation with fruit and nut trees.
Our address is 1300 Spring Street Extension. We would be most directly affected by the
decisions of the Planning Board regarding the proposed business activities at the single-
family residence directly across the street at 1297 Spring Street Extension, that of the
applicant, the owner of the proposed dba, Psychic Tyme.
The applicant is proposing a very unique business within a residence.
Our concerns about the proposal are based on the following which are found in the
application:
Clearly throughout the application, there are indications of growth and expansion of
clients for this business, making it more than a seemingly simple "home business." It
appears to resemble that of a medium-sized commercial operation of services within a
single-family home on less than 10 acres in a Rural Residential-Agricultural District.
The volume of traffic, including both vehicular and clientele volume which this business
operation plans to bring and plans to expand, will have an adverse effect on the
environment especially on road use and "character of community or neighborhood." We
are very concerned for the safety and well-being of the children, adults and senior
residents, their domestic pets or farm livestock, who walk, run, bike or travel this
particular section of Spring Street Extension, at any hour, but now, especially during the
proposed hours of operation which the applicant states will be Mondays through
Saturdays, from 9 a.m. to 9 p.m. The classes, seminars, workshops and special events
proposed may even fall outside these hours of operation.
Our own farm vehicles and those of area farms travel this road very frequently,
particularly during the summer months. Vehicles travel extremely fast here, approaching
and often exceeding 55 MPH speed limit.
The visibility is limited in our section of Spring Street Extension. There is very little
shoulder to walk on in this section of Spring Street Ext. Most of the driveways are
difficult to see on approach from either direction.
The applicant is proposing parking in the existing stone driveway for 17 cars, with room
for additional off-street parking available in the 6 acres of her property to accommodate
attendance of the classes, workshops and seminars she plans to conduct for groups of 5
people or more; this translates as a daily potential of 17 cars or more at any given time,
each possibly containing 5 passengers, traveling the road, two times per visit during the
operating our of 9 a.m. to 9 p.m., Monday through Saturday. Will there be setback
requirements followed for the intended parking area? Will this require pavement,
striping, traffic signage? Will there also be required handicapped parking? All of this
sounds like that of a commercial business than a home business.
Another indication of growth and expansion of business: The applicant plans to use the
1224 sq. ft. single-family residence as a place "to enhance the lives of many more through
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(T)Groton Planning Board Minutes of Public Hearings&Regular Meeting 16 A
classes, workshops and lectures, readings, channeling, massage, guided meditations and
other services"during operation hours of 9 a.m. to 9 p.m., Mondays through Saturdays.
She would like approval for occupancy of at least 25 people in the proposed garage meeting
room.
As mentioned at last month's Planning Board meeting, there are plans to conduct 2 or 3
psychic fairs each year with vendors selling their crafts under small tents throughout the 6
acres of land; portable toilets would be made available throughout the 6 acres of land to
accommodate the large number of participants at events: classes, workshops, seminars,
meetings and fairs. Where will the potential 500 participants at these large gatherings park
their vehicles? Does Section 369.1 under Roadside Stands apply when the vendors are
setting up for the psychic fair? Will the Health Department be required to make regular
inspections?
The applicant plans to send a mass mailing to over 500 plus current and past clients; they
have an extensive local and national list of clientele.
This site plan proposal would definitely adversely affect the aesthetic character of the rural,
residential and agricultural neighborhood of this low-intensity area of residents of Spring
Street Extension.
It would also adversely affect the natural resources of the neighborhood for example: a bird
known to be in decline has chosen this area as a nesting ground (Eastern Meadowlark).
(On a much more personal note, the proposal of regular, daily visits of 17 cars and beyond
on a daily basis, with larger events requiring tents and portable toilets throughout the year
on the 6 acres of land would adversely affect the investment we have made in our real
property/home which is assessed at more than one-quarter of a million dollars).
We do not believe that approving such a proposal especially without restrictions is in
keeping with the Comprehensive Plan for Groton regarding protecting the quality of life in
existing residential communities from the adverse impacts of incompatible land use and
increased traffic, the protection of rural character, and the viability of the strong agricultural
component of the community.
Yes, it is certainly worthwhile to encourage new commercial development or businesses, but
it would be most prudent for all involved, owner and consumer, to locate in the vicinity of
already existing downtown areas and other nodes of retail and services activities.
The applicant is clearly proposing a dba in a Rural Residential Agricultural Use District
which is more in line with a commercial operation.
The private and personal livelihood of our families and farming community and our safety
and well-being will be in jeopardy with the acceptance of the proposed business at 1297
Spring Street Extension.
Jeff Hoyt - 1307 Spring St. Ext. - Has a family, and biggest concern is amount of increase
in traffic. School bus picks up children. Agreed with Carolann Darling's comments,
especially with big groups, drumming circles late at night. If this application gets approved,
recommends that speed limit be decreased to a maximum of 45 MPH, and would like bus
pickup signs on both ends of the street.
Jennifer Morey - 1131 Spring St. Ext. - Concerned with traffic; not attacking character of
applicant or friends. Concerned with "crowds." Moved here because it was so quiet. Likes
birds, wildlife of area. Hills into Groton are terrible in wintertime, not safe. Noise and
commotion will frighten wildlife/birds away.
Tim Fenner - 80 Pleasant Valley Road - Mrs. Mainville would be nothing like Bob Eckhard
who has loud parties/band who plays until 1-2 o'clock in morning. Nearby businesses
bring extra traffic (Scheffler's meat). Mrs. Mainville is quiet person. Supports approval of
her application.
Noreen Turcsik - 1217 Spring St. Ext. - Friend of application for 40± years. Wanted her for
my neighbor. Also concerned with traffic on street as "it is a racetrack." Speed limit should
be lowered. Neighbors forgetting noise from dirt track on Bossard Road until 9-9:30 at
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(1')Groton Planning Board Minutes of Public Hearings&Regular Meeting 16 A
night. Meditation is quiet; Town should look at dirt track down the road. In favor of
approving application.
Chairman Ed Neuhauser acknowledged receipt of a letter dated 18 July 2012 from Noreen Atkins of
1327 Spring Street Extension, opposing the applicant's request, as follows:
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(T)Groton Planning Board Minutes of Public Hearings&Regular Meeting 16 A
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With everyone having been heard who wished to be heard regarding this
matter, Chairman Neuhauser closed Public Hearing #2 at 8:08 p.m.
REGULAR MEETING
The Regular Meeting of the Town of Groton Planning Board was called
to order by Chairman Edward Neuhauser at 8:085 p.m.
APPROVAL OF MINUTES - 19 JULY 2012
A motion was made by Member Monica Carey to approve the Minutes of the 19 July 2012
Planning Board meeting, as submitted. The motion was seconded by Member Mary Gloster, with
the vote recorded as follows:
Ayes: Chairman Neuhauser Nays: None
Member Carey
Member Clark
Member Baxendell
Member Gloster
Member Morey
Member Wyllie
Motion carried.
This becomes Action #45 of 2012.
OLD BUSINESS
James Cronk, Applicant/Reputed Owner - 380 Cobb Street - TM #33.-1-3.21 - Minor
Subdivision
Chairman Neuhauser stated that no report had been received from the Tompkins County Department
of Planning, although it should be forthcoming. The County's comments need to be taken into
consideration before any decision is made by this Board. CEO Coats advised that if there is no
response within 30 days (from the date the application was forwarded to County Planning), they would
have no input. Town Attorney Monty stated that it had not yet been 30 days.
Page 6 of 10
(T)Groton Planning Board Minutes of Public Hearings&Regular Meeting 16 A
A motion was then made by Member Carey to postpone any action on the proposed Minor
Subdivision until the next meeting of the Town of Groton Planning Board. The motion was
seconded by Member John Morey, with the vote recorded as follows:
Ayes: Chairman Neuhauser Nays: None
Member Carey
Member Clark
Member Baxendell
Member Gloster
Member Morey
Member Wyllie
Motion carried.
This becomes Action #45 of 2012.
Laura Mainville, Applicant/Reputed Owner - 380 Cobb Street - TM #24.-1-3.9 - Site Plan Review
for Proposed Home/Garage Business (Psychic Tyme)
Chairman Neuhauser asked Mr. Scanlon the size of the parking spaces on the subject property; Mr.
Scanlon replied they would be 10 feet by 20 feet, seventeen down a side of the driveway on the grass.
He added that there was no heavy traffic; only seven or eight attendees to a class. Driveway will be
plowed in the winter. Mrs. Mainville, in response to Member Carey's question, stated classes would
not be held every day, and most likely would be two or three classes per week. She also assured the
Board that "Believe me, nothing happens after 9 o'clock." The applicant stated that readings, which
are one-on-one, would probably be no more than seven per week, usually about one hour. Donna
Cook, a Certified NYS Massage Therapist, would not hold classes, but would give massages by
appointment (evenings and Saturdays, one-on-one) when she was not working her full-time job.
Member Gloster asked about events for larger groups. Mrs. Mainville responded that she would like to
have a large event at least twice a year; it would be a one-day event from 10 a.m. to 5 p.m. She stated
that she could limit the number of attendees. Vendors may set up tents to sell their goods during this
type of event. A food vendor may be hired, but it would depend on what the regulations are.
Chair Neuhauser asked the applicant what would she do if there were more than 17 cars at one time;
Mr. Scanlon responded that there was more than enough room to park both sides of the driveway.
Mrs. Mainville added that she has 32 members in her family who come "in and out." Sundays are
reserved for "family things" according to the applicant; no classes, readings, etc. are held.
Chair Neuhauser stated that, as with the previous application, the Board had not yet received a
response from the Tompkins County Department of Planning regarding this application.
Therefore, a motion was made by Member Mark Baxendell to postpone any action on the Site
Plan Review for the proposed business (Psychic Tyme) until the next meeting of the Town of
Groton Planning Board. The motion was seconded by Member Carey, with the vote recorded as
follows:
Ayes: Chairman Neuhauser Nays: None
Member Carey
Member Clark
Member Baxendell
Member Gloster
Member Morey
Member Wyllie
Motion carried.
This becomes Action #47 of 2012.
Michael Prouty, Applicant/Gordon Hollern, Reputed Owner - 750 Cortland Road (NYS Route 222)
-TM #20.-1-35 - Preliminary Site Plan Review- Proposed "Drain Brain" Location
Page 7 of 10
(T)Groton Planning Board Minutes of Public Hearings&Regular Meeting 16 A
Chairman Neuhauser recognized Kristopher Buchan, a realtor, who introduced Mr. Prouty, the owner
of Drain Brain of Ithaca. The main location of the business is on Elmira Road in Ithaca; this would be
their second location which would be utilized for secure truck storage, some indoor and some outdoor.
He also wishes to store some portable toilets behind the building as shown on the Site Plan
accompanying the application. Salt Road would be utilized for ingress/egress. The existing building
will remain unchanged. A maximum of five trucks would be stored outside; the rest of his fleet is
stored at his main location in Ithaca. A maximum of three trucks could be stored inside the existing
building.
Member Morey asked Mr. Prouty if he handled a lot of chemicals, and Mr. Prouty responded that he
did not, except what is used in the portable toilets; nothing would be disposed of at this site. The
applicant stated there could be some type of mechanical work done on the trucks, but mainly it's done
in Ithaca. Chair Neuhauser asked Mr. Prouty if he would be willing to place a fence around the
portable toilets; he would if it's required by the Board.
Chair Neuhauser advised everyone that a Public Hearing needed to be held regarding this application.
After a brief discussion, a motion was then made by Member Morey that a Public Hearing for the
proposed "Drain Brain" location be set for 7:30 p.m. on 20 September 2012. The motion was
seconded by Member Barbara Clark, with the vote recorded as follows:
Ayes: Chairman Neuhauser Nays: None
Member Carey
Member Clark
Member Baxendell
Member Gloster
Member Morey
Member Wyllie
Motion carried.
This becomes Action #48 of 2012.
Rodney Howe, Applicant/Reputed Owner - 47 Cobb Street - TM #s 34.-1-25.3 & 24 - Boundary
Line Change & Minor Subdivision
Chairman Neuhauser recognized Rodney Howe who was seeking approval for a Minor Subdivision to
subdivide TM #34.-1-25.3 to create Lots A& B as shown on Map 4 which accompanied his application.
He also was seeking approval for a Boundary Line Change which would combine Lot A (10.97± A.) with
Lot C (5± A.), also as shown on said Map 4.
At the conclusion of the discussion, a motion was made by Member Baxendell to approve the
Boundary Line Change for TM #34.-1-25.3 (10.97± A.) to be combined with TM #34.-1-24 (5± A.)
for a total of 15.97± A., as requested. The motion was seconded by Member Carey, with the vote
recorded as follows:
Ayes: Chairman Neuhauser Nays: None
Member Carey
Member Clark
Member Baxendell
Member Gloster
Member Morey
Member Wyllie
Motion carried.
This becomes Action #49 of 2012.
After a brief discussion, a motion was made by Member Baxendell to approve the Minor
Subdivision of Land, as requested, which is as shown on Map 4 attached to the application and
entitled "Rod Howe Proposed Subdivision #3 for August 16, 2012," contingent upon submittal of
Page 8 of 10
(T)Groton Planning Board Minutes of Public Hearings&Regular Meeting 16 A
the final survey map. The motion was seconded by Member Morey, with the vote recorded as
follows:
Ayes: Chairman Neuhauser Nays: None
Member Carey
Member Clark
Member Baxendell
Member Gloster
Member Morey
Member Wyllie
Motion carried.
This becomes Action #50 of 2012.
It is noted for the record that the Short Environmental Assessment Form was not completed per the
advice of Town Attorney Victoria Monty.
Kathleen J. Garrett, Applicant/Reputed Owner - Smith Road - TM #25.-1-5.22 - Minor
Subdivision
Chairman Neuhauser recognized Kevin Reese (? - name not on Attendance Sheet), representing the
owner, who was seeking approval to subdivide the subject 11± acre parcel into two lots of 5.6± and
5.22± acres each, as shown on the preliminary survey map (Klumpp, 8/3/12) accompanying the
application.
After a very brief discussion, a motion was made by Member Carey to approve the Minor
Subdivision, as requested. The motion was seconded by Member Baxendell, with the vote
recorded as follows:
Ayes: Chairman Neuhauser Nays: None
Member Carey
Member Clark
Member Baxendell
Member Gloster
Member Morey
Member Wyllie
Motion carried.
This becomes Action #51 of 2012.
It is noted for the record that the Short Environmental Assessment Form was not completed per the
advice of Town Attorney Victoria Monty.
OTHER BUSINESS
• Upcoming Applications - CEO Coats reported that there would be at least one subdivision
application to come before this Board.
ADJOURNMENT
At 9:05 p.m., a motion was made by Member Bret Wyllie to adjourn the meeting. The motion was
seconded by Member Clark, with all members present voting in favor.
' Page 9 of 10
(T)Groton Planning Board Minutes of Public Hearings&Regular Meeting 16 A
Joan E. Fitch, Board Secretary Emailed to Town/Deputy Clerks, CEO Coats,
Chair Neuhauser& Board Members on 9/12/12.
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