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Home My WebLink About2014-08-21 TOWN OF GROTON PLANNING BOARD Minutes of Public Hearing & Regular Meeting - Thursday, 21 August 2014 - 7:30 PM Town Hall Court Room - 101 Conger Boulevard - Groton, NY Members, Groton Planning Board (*Absent) Others Present Edward Neuhauser, Chairperson Joan Fitch, Recording Secretary Monica Carey, Vice Chair Dan Ellis, Town Attorney Barbara Clark Mark Baxendell John Morey *Bret Wyllie Lisa Maloney Hahn Applicants & Public in Attendance Ryan Walczak, Applicant; Lisa Colby, Applicant; Robert Walpole, Applicant for Richard George Tillotson; Michael Totman for McLean Fire District, Applicant; John A. Beck; Town Council Member Rick Gamel. PUBLIC HEARING 711 Ryan Walczak, Applicant/Reputed Owner - 1031 Cortland Road (NYS Route 222) - TM #28.-1-3.2 - Proposed Heavy Equipment Parking Area The Public Hearing was opened a 7:30 p.m. by Chairman Ed Neuhauser. The Board Secretary read aloud the Legal Notice as published on 13 August in The Shopper, proof of publication has been placed on file for the record. Chair Neuhauser recognized the applicant who explained to those present that he was seeking approval to use this parcel to create a parking area for his dump trucks, trailers, and heavy machinery used in his business, Walczak Excavating, all as described in the narrative accompanying the application. The parking area would measure approximately 200 feet in length by 80 feet in depth. Chairman Neuhauser asked if there were any comments from the Board; there were none. He then announced that all public comments would be taken, but each speaker would have a limit of three minutes to speak and must only speak on this specific application. He then acknowledged and read aloud an email received in support of the proposed parking area from D. Andrew Cowell and Karen Cummings of 1031 Cortland Road. They stated that "have no problems with his use of the property to store his excavation equipment." Chair Neuhauser then asked if there were any comments from those present; there were none. With everyone heard who wished to be heard, the Public Hearing was closed at 7:33 p.m. REGULAR MEETING The Regular Meeting of the Town of Groton Planning Board was called to order by Chair Edward Neuhauser at 7:33 p.m. APPROVAL OF MINUTES - 17 JULY & 5 AUGUST 2014 A motion was made by Member Lisa Maloney Hahn to approve the Minutes of the 17 July and 5 August 2014 Planning Board meetings, as submitted. The motion was seconded by Member Monica Carey, with the vote recorded as follows: Ayes: Chairman Neuhauser Nays: None Member Carey Page 1 of 5 (T)Groton Planning Board Minutes of Public Hearing&Regular Meeting 21 August 2014 Member Clark Member Baxendell Member Morey Member Maloney Hahn Absent: Member Wyllie Motion carried. This becomes Action #55 of 2014. NEW BUSINESS Lisa Colby, Applicant/Reputed Owner- 62 Pleasant Valley Road -TM #36.-1-5 - Preliminary Site Plan Review for Proposed Dog Day Care & Boarding (dba Puppy Trails) Chair Neuhauser recognized the applicant who explained that she wished to board dogs in her home. She has two acres of fenced-in lawn and, at present, she has one day-care dog, and would not have more than four dogs at one time. At the conclusion of the applicant's presentation, a motion was made by Member Clark to approve the Preliminary Site Plan for the proposed Dog Day Care & Boarding (Puppy Trails), as requested, with a Public Hearing set for 18 September 2014 at 7:30 p.m. 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 Morey Member Maloney Hahn Absent: Member Wyllie Motion carried. This becomes Action #56 of 2014. At this point, the meeting was interrupted by John Beck who approached the Board and stated he wished to speak on the Walczak application. Chair Neuhauser advised him that he had the opportunity to do so during the Public Hearing. Mr. Beck claimed he did not hear anything about the Public Hearing as he was hard of hearing. Chair Neuhauser apologized and again repeated that the Public Hearing was over. Mr. Beck stated that he did not understand why he was not given the right to speak. Again, Chair Neuhauser advised him that he was given the opportunity to speak during the Public Hearing which was now closed. Mr. Beck then continued on, stating that his Constitutional rights had been previously violated by the Town of Groton government and the case will be going before a Federal Judge at Federal Court in Utica. Planning Board Member Mark Baxendell informed Mr. Beck that the Public Hearing on the Walczak matter was closed "and we're done." Mr. Beck claimed he did not understand and that false charges had previously been filed against him and the Town government wanted him in jail. Board members asked Mr. Beck to please "take a seat." He did not do so. ADJOURNMENT At 7:43 p.m., a motion was made by Member Baxendell to adjourn the meeting. The motion was seconded by Member Carey, with all Board members present voting in favor. Mr. Beck was escorted from the meeting room by police officers. Page 2 of 5 (T)Groton Planning Board Minutes of Public Hearing&Regular Meeting 21 August 2014 MEETING RECONVENED At 7:48 p.m., Chairman Ed Neuhauser reconvened the Regular Meeting of the Town of Groton Planning Board. NEW BUSINESS Robert Walpole. Applicant/Richard & George Tillotson, Reputed Owners - Clark Street Extension -TM #121.-1-15.2 - Proposed Minor Subdivision Chair Neuhauser recognized the applicant who explained that he was representing the Tillotson's who were seeking approval to subdivide an 8.7±-acre parcel out of the main 42.3± acres, as shown on the maps accompanying the application. The smaller parcel was to be sold to a neighbor in order to expand their horse pasture. A motion was then made by Member Morey that the Town of Groton Planning Board declares itself as Lead Agency under SEQRA for the proposed Minor Subdivision. The motion was seconded by Member Maloney Hahn, with the vote recorded as follows: Ayes: Chairman Neuhauser Nays: None Member Carey Member Clark Member Baxendell Member Morey Member Maloney Hahn Absent: Member Wyllie Motion carried. This becomes Action #57 of 2014. Chair Neuhauser then 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 Barbara Clark that, based on the information and analysis of the SEQR concerning this application, the Town of Groton Planning Board has determined that the proposed action will not result in any significant adverse environmental impact, resulting in a Negative Declaration. The motion was seconded by Member Maloney Hahn, with the vote recorded as follows: Ayes: Chairman Neuhauser Nays: None Member Carey Member Clark Member Baxendell Member Morey Member Maloney Hahn Absent: Member Wyllie Motion carried. This becomes Action #58 of 2014. With no further discussion, a motion was then made by Member Maloney Hahn to waive the Public Hearing and approve the Minor Subdivision, as requested. The motion was seconded by Member Clark, with the vote recorded as follows: Ayes: Chairman Neuhauser Nays: None Member Carey Member Baxendell Member Wyllie Member Morey Absent: Member Clark Member Maloney Hahn Motion carried. This becomes Action #59 of 2014. Page 3 of 5 (T)Groton Planning Board Minutes of Public Hearing&Regular Meeting 21 August 2014 OLD BUSINESS Ryan Walczak, Applicant/Reputed Owner - 1031 Cortland Road (NYS Route 222) - TM #28.-1-3.2 - Proposed Heavy Equipment Parking Area A motion was then made by Member Baxendell that the Town of Groton Planning Board declares itself as Lead Agency under SEQRA for the proposed Heavy Equipment Parking Area. The motion was seconded by Member Maloney Hahn, with the vote recorded as follows: Ayes: Chairman Neuhauser Nays: None Member Carey Member Clark Member Baxendell Member Morey Member Maloney Hahn Absent: Member Wyllie Motion carried. This becomes Action #60 of 2014. Chair Neuhauser then 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 Morey that, based on the information and analysis of the SEQR concerning this application, the Town of Groton Planning Board has determined that the proposed action will not result in any significant adverse environmental impact, resulting in a Negative Declaration. 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 Morey Member Maloney Hahn Absent: Member Wyllie Motion carried. This becomes Action #61 of 2014. With no further discussion, a motion was then made by Member Baxendell to approve the Final Site Plan for Walczak Excavating (heavy equipment parking/storage lot), as requested. The motion was seconded by Member Morey, with the vote recorded as follows: Ayes: Chairman Neuhauser Nays: None Member Carey Member Baxendell Member Clark Member Morey Absent: Member Wyllie Member Maloney Hahn Motion carried. This becomes Action #62 of 2014. McLean Fire District, Applicant/Reputed Owner- 2 Stevens Road - TM #38.-8-9 - Continued Site Plan Review- Proposed Fire Station Expansion Chair Neuhauser recognized Mike Totman, representing the Fire District who was seeking approval to expand their fire station, as indicated on the application submitted in June. Reference is made to previous Minutes regarding this matter. Mr. Totman reported that the Army Corps of Engineers had not responded to their letter and appeared to have no interest. A copy of a letter sent to the Tompkins County Department of Planning, dated 4 August 2014, from A. E. Knapp &, Associates, LLC, regarding the County's recommendation to disapprove the proposed addition, was acknowledged and discussed. Page 4 of 5 (T)Groton Planning Board Minutes of Public Hearing&Regular Meeting 21 August 2014 Mr. Totman brought everyone up to date regarding past fill history on this site, going back to 2006 when bridgework was done nearby. Town Attorney Dan Ellis advised Board that since the County has recommended disapproval of the project, that in order to contradict their recommendation, a super-majority vote was required. He explained "super majority" to the Board. He also gave the Planning Board the criteria the Planning Board must use in its review; there is a list in the Town's Zoning Code; he read aloud pertinent portions of the Code. Chair Neuhauser commented on the letter received from County wherein it was recommended that the applicant find a different location to build their facility; the Town Planning Board would assist in any way possible. Mr. Totman stated he did take the comment back to their Board, but it was not feasible. Chair Neuhauser then stated that if the applicant insisted on pursuing the present location, then the Planning Board could hire an engineering firm, at the Fire District's expense, to work on what's being proposed. The flood plain should not be filled in. The Hazardous Mitigation Plan was discussed. Town Attorney Ellis then addressed other issues, including flooding. Chair Neuhauser stated that if the applicant proceeds with the current plan, there's the possibility that the Site Plan would not be approved. No Action Taken. ADJOURNMENT At 8:30 p.m., a motion was made by Member Clark to adjourn the meeting. The motion was seconded by Member Maloney Hahn, with all members present voting in favor. J E. Fitch, Board Secretary Emailed to Town/Deputy Clerks, CEO Coats, Attorney Ellis &Board Members on 9/17/14. Page 5 of 5