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Home My WebLink About1987-04-14MINUTES OF TOWN BOARD MEETING HELD ON TUESDAY, APRIL 14, 1987, AT 7 :30 P.M. Those present: Teresa Ellard Gordon Joseph Donald Jack F M* L. C. H. E. it2 Robinson, Supervisor Sovocool, Councilman VanBenschoten, Councilman Graham, Councilman Cummings, Councilman ;gerald, Attorney Also present: Leland Cornelius, Gary Wood, Phil Shurtleff, Mr. and Mrs. Joseph Wilbur and Atty. Edward Goehler, about 40 residents concerned about landfill site. Moved by Mr. Graham, seconded -by Mr. Sovocool, to approve minutes of March 10th meeting as mailed. Ayes - Sovocool, VanBenschoten, Cummings, Graham, Robinson. ClaimI'los. 74 to 115 of the Highway Fund in the amount of $33,326.81 and Claim Nos. 120 to 1S5 of the General Fund in the amount of $9,181.30 were presented for audit. Moved by Mr. VanBenschoten, seconded. by Mr. Cummings, that the bills be approved for payment. Ayes - Sovocool, VanBenschoten, Cummings, Graham, Robinson. Monthly reports from Town Clerk and Town Justice Heffron were reviewed. RESOLUTION N0.• 7 - CO'e]BINE ALL ELECTION DISTRICTS FOR REGISTRATION DAY Moved by Mr. Sovocool., seconded by Mr. Graham Ayes - Sovocool, VanBenschoten, Cummings, Graham, Robinson RESOLVED, that Election Districts ##1, 2, 3 and 4 be combined for Registration Day at the Tbim Hall. RESOLUTION NO. 8 - DESIGNATE; POLLING PLACES FOR 1987 Moved by Mr. Graham, seconded by Mr. VanBenschoten Ayes - Sovocool, VanBenschoten, Cummings, Graham, Robinson RESOLVED, that 1987 Polling Places be designated as follows: District #1 - West Groton Church District #2 - .West side of Town Clerk's Office District #3 - East side of Town Clerk's Office District #4 - McLean Fire Station Trash pickup days are Monday, May 11th on the East side of Route 38 and Tuesday, May 12th on the hest side of Route 38. No garbage. Brush should be bundled and nothing heavier than two men can pickup. 8:00 P.P. - Board meeting recessed for Hearing on Focal Law No. 2 for the year 1987 - FLOOD DAMAGE PRTVENTION . Clerk read legal notice that was published in the Journal and Courier on March 25, T. Robinson - Are there any questions? If not, we'll close the hearing. Hearing closed. 8:05 P.M. - Tbtein Board meeting reconvened. RESOLUTION N0. 9 - ADOPT LOCAL LAW N06 2 FOR THE YEAR 1987 "FLOOD DAMAGE PREVENTION" Moved by Mr. Sovocool, seconded by Mr. VanBenschoten. Ayes - Sovocool, VanBenschoten, Cummings, Graham, Robinson RESOLVED, that the Town Board of the Town of Groton hereby adopts Local law No. 2 for the year 1987 for FLOOD DAMAGE PREVENTION as authorized by the New York State Constitution, Article IX, Section 2, and Environmental Conservation Lam, Article 36. (See Local Law Book for Text) Local Board of Assessment review will be held at the Town Hall on Monday, May 11, 1987, from 3 to 6PM. Those present will be Assessor, County Rep. Phil Shurtleff, Supervisor Robinson and Councilmen Sovocool and Vanbenschoten. 50 Moved by Mr. Cummings, seconded by Mr. Graham, to appoint Gordon VanBenschoten and George Totman to serve on an ad -hoc committee to search out land, building sites, etc. in the Town of Groton. Unanimous Annual road inspection is scheduled for Monday, April 20th at 10:00 A.M. Rain date is April 23rd at 10:00 A.M. Attorney Fitzgerald has not received a call from County Attorney Williamsson regarding insurance required for our Snow Removal Contract. The problem is with indemnification -- we are in no position to indemnify the County. Atty. Fitzgerald will contact County Atty. Williamson to clarify matter. 8:15 Plei - Petition for Variance - Mr. and Mrs. Joseph Wilbur Atty. E. Goehler: I have a petition signed by neighbors of Mr. and Mrs. Wilbur stating they have no objections to the Wilburs living in a RV Mobile Home. No opposition to a variance being granted. Physically, what you have here is a mobile home that is occupied about four months out of the year. He's a construction worker during the winter and is laid off. During the summer he'would take it with him to the job sites. 1'. Robinson: Actually, we do not have, we have a mobile home and that doesn't qualify as a mobile home. We haven't had 5th wheelers and you start allowing 5th wheelers to cone in and we're not going to have any people at all ..... Atty. E. Goehler: As I said, we could possibly draw up the variance to read so it will only be occupied only four months during the winter. It's not like it stays there all year round. I can understand your concern that it's going to be a year round king of trailer. T. Robinson: It's still a concern because actually thats opening it up for someone else that maybe would have one for five months or maybe six months. It would be just going on from one thing to another. When you had gone before the Appeals Board., I don't know whether that was considered a hearing or not, it was, the structure serving as a permanent dwelling, winterized and everything and. it's not really, it's a 5th wheeler. Atty. E. Goehler: No, we're not denying that. We're stating they only use it approximately only four ;months out of the year. T. Robinson: We have to have 840 square feet of living room and this only has 300 square feet which doesn't make it legal and the lot is not big enough for two dwellings. Atty. E. Goehlex: 'That's why we're requesting a variance. He uses it as part of his employment..... It's a necessary thing for him to have. T. Robinson: I'm not saying ..... E. Sovocool: He has a house too, as I understand it. Atty. E. Goehler: Yes, he does. E. Sovocool: Why not live in the house and use the RV for whatever he wants it for. To take with him when he goes. Atty. E. Goehler: He has other family that resides in the house and as a matter of convenience resides in the RV for four months out of the year. T. Robinson: This is just like opening pandoras box. I mean actually he's almost got away with it all the time he wants to now, if you want to be technical about it. Just because of the way the hearings have been and I can't understand why you would even ask for such a thing, particularly when our law says that trailers have to be 14 x 60 or 12 x 70. Atty. 8. Goehler: Well, I understand that, that's why we wanted the variance. J. Graham: Another thing is the life safety aspect of it. How safe is it. I would say that it obviously wasn't 'built to live in year round ........ Atty. E. Goehler: We're not in it year round • T. Robinson: When it's here he's living in it all the time. Atty. E. Goehler: When he goes off to job sites, yes. It's technically a shelter. Many people that work on construction use RV's for that sort of thing. T. Robinson: Yes, but they have parks to put them in. We have parks here There's still another be put in while people are trying -to build a home. We have that they can a set rule that trailers are supposed to be so large: It just seems that if you start doing this you're going to have everything. You can put everyting up. This is what we are trying to prevent. T. Robinson: Any other comments? Did you say you had some petitions? J. Wilbur: Yeah. ® Atty. E. Goehler: I submit this petition signed by neighbors of the Wilburs stating that they have no objections with granting a variance. If you are going to deny request for a variance, I would respectfully request a delay to appeal ............ (tape erased by mistake J. Grahame Groton Fire Department would respond. No increase in assessed value. Another consideration is the fire and building code that we're attached to and must enforce. T. Robinson: We're opening pandoras box. Where are we going to draw the line. J. Wilbur: Tere are campers that sit down there and people are i h n and out of them all summer long and now people are going to say, oh, we didn't know nothing about it. T. Robinson: Well, I didn't. E. Sovocool: It'& not used. as a residence. That's like what you'd use There's still another -- take it and park it in the woods and go stay there weekends. your RV for That's all they do down there. It's like a camp on a lake. Mrs. Wilbur: You can't have a camp in; your back yaxd if you stay in it. E. Sovocool: You're lot is not big enough. I believe you have to have 200' frontage for a dwelling. You already have one dwelling. It's not big enough for two. That's 200" per dwelling. Relative: What do you mean 200' frontage. What's that mean. E. Sovocool: Road frontage per dwelling. Relative: Why does this pertain to a camper when there's houses that sit on the road. If somebody bought that land off them they could build a house in there. Now what's the difference? I don't understand. E. Sovocool: Build a house where? Relative: If somebody wanted to buy that land from us. E. Sovocool: There's a house on it, right? ORelative: Right. E. Sovocool: They can't build another house on it. Relative: I don't understand though. People are buying land. You can reach out and touch your neighbors house. I just don't understand. E. Sovocool: There lots are, there are certain size lots like a two acre lot. You've got 200', road frontage. You can put one dwelling unit on that lot. You can't put two. J. Wilbur: If I take it out back, why can't I put it on the back part? There's still another acre and a half out back there. E. Sovocool: There's no frontage. 5 r i Att . E. Goehlex: How do you e'lirninate that paxt, well -- no, no the Township of Gxoton that Ir. Robi-nson : How do you el lainate that ... , will take AttF. E. Goehler: That's not what I ment. Would you consider a variance if they parked it re+ay out in the back? T. Robinson: ',Where's no road frontage. There lsn't room+ enough fox two dwellings on that land. Relative: I'd like to ]mow where the parks are a:raund here* J. Wilbur. .......,..there " 48 no parks In the Township of Gxoton that anyting but what you quoted for a permanent residence ..... will take D. VanBenschoten: We had campers on a short term basis when we had it. I know the new owners wouldn't accept it, J. Wilbur: It's r'ght in the zoning law. This is not just something that's coming out of my nightmare. It's right here in the HobzL+ Horne zoning law, Anything in the Township .,,.,.,. Mr, Wood. here is the one that. yre told. me of it. T. Robinson : That the parka will take any G. Woad: Well, aside now fxom what HVE rules may be in the Village, the Village does ziot have the minimum size x'equyremant that the Town does. I believe, if I relnem -ber correctly, that our Mobile Home Oi~diance says mobile homes not in a mobile hone ] pagrk must have a sn�.nirnun of 814 square feet. I do not bel.i4�ve that applies, subject to correction, in a mobile home park, However, the zoning ordinance says all dwelling units must be 840 square feet so that may supercede it, I'm not exactly just exactly sure how that would be txeated. J. Fitzgerald: Want me to get the Mobile Hoke Ordiance out? G. 'good: men if It [does read that. way Jack, with the zoning ox^linance superseded anyway, because it does say all dwelling unitL, must by 840 square feet, whether they be home, mobile home, manufactured homes, whatever, J. Fit�gerald ; Zoning allows a mobll.e home paxk and if W s allowed in a mobile Marne paxk that would be allowed ..:.... out you'd stall. have your five prevention code. T. Robinson* Jack, can I ask you a, question? Does a deciEsion have' to be made tonight? J. Fitzgerald: No, there's nothing in here that has any ti�ata requirement whatever......... T. Robinson* flow, the other thing about 7 t is how long, what would happen if we said they couldn't have it, they have to be out of there or .,.. J. Fitzgerald; In about a month from now, Atty. E. Goehler: As I regLested before, If you do intend to deny the variance, we ask that you delay puna,tive action pending outcome of appeal by I1[r. Wilbur, He has raise[ an issue also with selective enforcement, Wc'd have to present proof' of that. We have to consider that proof. T. Robinson: We had complaints and that's how this all started. JWilbur& Can I a,sk an opera question? Who wa.s the complaint? T. Ro -binson: To be perfectly honest with you, I don't know, J, Wilbur; We'll the only Complaint or open statement and that is whoever took the dog census or Mr, Woad himself. So, I haven't heard nobody else and I've talked to a lot of people and kept my ears opera and stuff to find Out to see how many good neighbors and friends would, ox the ones I thoixght might make complaints never whimpered or Bald a thing about it. My paint of view is I 'think the board. themselves are . , , . T. Robinson: Igo, I'm sorry, that 's not true, J. Fitzgerald: All ,you've got to do Teresa is ask if anybody else wants to be heard and recognize the fact, that that person that made the complaint i, not here tonight. That's all. Vei'3r simple to resolve that problem. T. Robinson. Does anybody else want to be heard,? Relative: I"d just like to say that xight now I'ia :Looking for a house. I always. wanted to live in Groton area but you ......,. down with things like this it's not worth it. T. Robinson: I know that when you have your own home and yourr family is around, you can get very emotional about this but we're trying to recognize that overall what we`re tx�,yin to do is set a pattern for the Town. I'm not saying that its perfect, it's fax from it. But, what we're trying to do is not let this happen so that we wouldn't have a lot of little 5th wheelers all over the Township. Relative; But the ones that have been 'there for yeax's can stay there. T. Robinson: There axe not that many, I'm sure. Rel!ative:jf'JjNlop�roy mother has tome pictures of them though. Her lawyer has the p. is VLires a • . • • a • k • #' i • k T. Robinson: No, I don't think that's true. Is there any other J. Fitzgerald: If you want to submit any of this information regaxding whether, or not selective enforcement, that's fine. I think probably, and I can't speak for the boaxd , but .they might be of a mind to adjourn it thiF3 evening and not make a decision on it, If you have any of these things just, if foar nothing else, to satisfy your clients, but you can't explain grandfa.therE . • .... and, these things are there and if this trailer we'`z'e talking about in McLean were to leave or burn down and could never come back, but as long as it's there that's the one we can't move that trailer out and move another one in. Atty. E. Goehler: It would be arel.event if 3,t were proven that new trailers started coming i since the ordinance was enacted. I don't know if that's true or not but 1my clients have proof of that we'd like the oppoartunity to submit that, T. Robinson* That's all right. Atty. E. Geehler: Then we can adjourn it for now? T. Robinson: Rights Atty. E. Goehlex: Thanks. J. Fitz eralds We've got to riotif'y him the next time he moves in - that's it, T. Robinson: Now, we just table Or what? J. Fitzgerald: Until next meeting, probably, if no -body moves either to deny or to appxove it. T. Robinson s But he wants time to present sor« thing J. Fitzgerald: He wants additional time to ;ae if they could present, more examples of selective enforcement. I't's not an easy thing to get people to under .stand. the fact 'that there are things that have been here forevex' and as long as there in existence they can continue to stay. West Groton Residents a airnst Polluti orl - Ed Scheffler stated he was representing a small group of people concerning landfill being located in Groton. They are here to request the Town of Groton to consider hiring an engineer to study all available information, what cites are being tested and study data and provide valid legal reasons why Groton is not a good place to put the County dump. The don't feel they can 'u2:ust the fi nR of O'Brien and Gera to choose a site for the dump especially when their credibility may have been damaged lately by one of the f'irm's they have hired_to_sublet work to, 4 Supervisor Robinson stated that she had submitted to the board E;omewhat eaxlier a plan and proposal to examine sites and also for checking on what should be done.. Hr. Jon Harrini ton who is a geologist submitted pxoposal. Doaxd had not formally voted on it. In talking this ovex, we have a lot of use for land studies. We Call use it in sett:leing housing, industry, water, sewer and a lot of things that would be happening In the Town of Groton as it expands. Landfill areas could be studied first and move on-to other areas. Discus ,sed the need for technical information and maybe an environmental attorney to assist us. Mz- Ha.rrington would make an evaluation of what area18 are good for development, etc. He would look at entire township -- rn other words a long range'planning tool. Mr. Shu±Uilffaxplained what Phase 11 consisted of, Would include site evaluation, baling facilities, etc. Also discussed was competa.tive bidding, Mr. Baldwin asked the board if the site is located in the Thw:n of Groton, is it reasonable to az ume that the Town would hire an Environmental Lawyer to take it to court. Supervisor Robinson stated that she could not spear for the board but felt that something would have 'to be done. Tie board does net want landfill located in Groton axed is ready to do whatever they Can to hinder .t, a d will :i oo as far as we can go. Will look at entire township. After much discussion on sites, environmental impact, watershed areas, etc, the boarrd decided to retain the services of a perfessional to a!�sist the T L%Tn, in gland use evaluation a a long range planning tool. RESOLUTION NO. 1 - RSTAIN T� O ;JRVIOES OF HARRINGMN ASSOCIATES FOR LAND USE EVALUA17CN Moved by Mx. Sovocool., seconded by Mr. VanBenschoten Ayes - Sovocool, VariLenschoten, Cummings, Graham, Robinson RESOLVED, that the Town of Groton retain the services of Harrington Associates for land use evaluation with emphasis on landfill situ for a maximum fee. of $5000.00 Discussed Village water pipeline to be installed along Elm Street It, frcrn new water tower. Deed. ea�ernents and Tight -of -ways for a goon half a mile involving five properties. The biggest problem would be cxassing the intex'!t,ection. Village would have to get temporary easements from property owners except where they cross road and the town grants that replaced back to original. Village should eul�mit a proposed easement to the Town Board fox` our consideration, Discussed providing gravel fox roadway to be cut through Groton oemet,ery. V 111age will cut topsoil out and Town will place gravel. OonsenejUs of board was okay to p2�ovid.e gravel. Discussed Town vs. Anderson - Mr. Anderson and son -in -law will have all cleaned up by ,lane 1. Also discussed John -Anderson's new business of garbage collection and where it is going to. Town Board is asking Manning Board to sake new rules xegard.ing new 'businesses and pexienits and xegula- ti.ans concerning transporting of garbage. [qtr. Berg Hill stated he ha53 'to maintain a covexed vehicle at all times and ys required to have a permit, RESOLUTION NO, 11 - AUTHORI An ON TO PURCHASE USED ET E 1810 GALLON TIISTRIBUTOR TANK ?loved by Mr. VanBenschoten, seconded by Mr. GSamings Ayes w Sovocool, VanBenschoten, Cummings, Graham, Poainson RESOLVED, that the Town Board authorize the Highway Su erintendent to purchase a used Etnye 1810 gallon di tributox tank Serial # D- 4289) for $4,900.00 from Penn�Can Road Materials, Lee Shurtliff, haix�r,�arl of Old Horne Days, to be held Aug. 21-23 would like the 'town to provide a tent again this ;yeas. Office equipment for the office was discussed. Our present copier requires $366.82 in repairs immediately, 'Will require a ne *i, drum in three to four months. We have been trying out a Panasonic F?P 3030 copier for the past month plus a Panasonic KY -E708 Electronic Typewriter, State Bias price is $3290.00 for copier. Since they can't 'take a trade in on state bids, they will trade typewriter for our used copier. 40 RESOLUTIOtd NO. 1 2 AUTHORIZATION TO PURCHASE FANASQITC COPIER Moved by Mx. VanBenschoten, seconded by Mr. Graham Ayes - Sovocool, Vaaen' schoten, Cummings, Graham, Robinson RESOLVED, that the `'.on Boaxd authorize the purchase of a Panasoni w c Model FP -030 Copier at State Bid price of $3,290.00 and trade in used copier for a Panasonic ICY -L708 Electronic Typewrltcr at no additional charge #Torn Copiex Products Sales & Service, Inc. in Aubux'nr, New York. Thear being no further business, i seconded by Mr. VanBenschoten, at Mr. Sovocool moved to adjourn meeting, 11; P.M, Unanlmous Colleen D. Pierson Town Clerk MINUTES OF TD[ BOARD MEETING HELD TUESDAY, MAY 12, 1987, AT 7&30 P. M w ',I;hose present: Teresa M. Falard L. Gordon C. Donald E. Jack Fi t� Arrived late: Joseph H. Robinson, Supervisor SOVOCOOI, CounCllmari VanBenschoten, C012xxol3.3ne Cummi'ags, Councilman gexalcl, Attorney Graham; Colzicilman Also present: Leland Cornelius, Lyle Raymond, David Dunning Moved bi Mr. Sovocool, seconded by [fir. VanBenrbchoten, to approve minutes of April 14th meeting as mailed. Ayes - Sovocool, VanBenschoten, Cummings, Robinson. {Graham - Absent): ' Claim Nos. 116 to 143 of the Highway Funl in the ainount of $12,723,22 and Claim Nos. 167 to 19? of the General Fund in the amount of $8,296.08 were Presented for audit,,t.Moved by [fir. VanBenschoten, seconded by Mr, Cummings. Ayes - Sovocool, VanBensacoten, Cummings., Robinson (Graham- Absent). Monthly reports fron the Town Clerk and Towri Justice Heffron were xoviewed, West Groton Landfill Committee met at the 'Town Hall last night (May 11) with Supervisor Robinson present, Supervisor Robinson asked board laemberr fox a contTibution to go 'towards flowers fox Wayne Wheelex's another. Lyle Raymond - There will be a meeting tomorrow night of the Air & Water Quality Committee at which time they will discuss watex survey in Groton. T'he Environmental, �latnagement Ccx.incil will discuss por�ibi.11ties of follow up on water suz -vey in Groton - All are invited to attend at, X44 _5 Phi at the Cooperative Extension Office on Willov Avenue. Will discuss water' clinics for rural people. kyle has received responses from all over the state on our Benefit Sharing proposal fox' dump sites, Might be problems witch Special Distri,cts� -need public justification of funds. Discussed xecycling, baling, etc. We have unique areas in the 'town of Groton, Mr. Jon Ife.xrington should. pay special attention to these areas or are there any other areas J n the Town, Lon„ term would be to include it in zoning ordinance, Discussed Mr. and Rus. Joseph Wilbuxs request for a variance to live in a 5th wheel recreation vehicle. Attoxney Edward Goehler, representing the Wilburs, at the Town Board meeting on April 14 asked for an adjournment until tonights meeting to present more examples of selective enforcement. No examples of selective enfarcement were presented, RESOLUTION NO. 13 - DENY MR4 & IRS. JOSEPH `rlILBURS VARIANCE RDQ,UES',I' Moved by Mr. Sovocool, seconded by Mr. Cuimaings Ayes - Sovocool, Va ffienschoten, Cummings, Graham, Robinson RESOLVED, that the Thwn Board does hereby deny Mr. and Mrs. Joseph Wilbur's request for a variance to reside in a 5th wheel - recreation vehicle on their property on Lick Street. y� ki }