TOWN OF GRANBY PLANNING BOARD
Meeting Minutes
May 5, 2015
PRESENT :
James Karasek, Chairman
Anne Marie Lepage
David Crockford
Jeff Richards
Rhonda
Nipper
Paul
Ketchum
Carl
Nylen
Also Present: Michael and Jessica Baldwin, David and Susan
Callaway, Engineer Allen Yager, Kathleen Barrie, Kendall Waldron, Joseph Moore,
Bill Hilliard, Craig and Loretta Waldron, Rodney Delong, Councilor Brenda
Frasier Hartle, Supervisor Ed Williamson, Janet
Ingersoll, and John Snow.
Chairman Karasek opened the
Public Hearings at 7:30 pm.
PUBLIC HEARING
Special Use Permit Request
Michael & Jessica
Baldwin – 1332 State Route
176, Fulton
Tax Map # 235.00-01-18
Proposed new
construction and operation of a personal training studio business
Chairman Karasek asked the applicants to explain their
project for the audience present at tonight’s meeting. They explained that they wanted to build a
30’x 40’ addition to the existing pole barn on their property and operate a
personal fitness studio business. A site
plan map had been reviewed and accepted at the last meeting as well as the SEQR
review and determination. The audience
had no questions, but the Hearing was left open because the application had not
been filed with the Town Clerk nor had the fee been paid. The applicants were told to return on May 21st
for a decision.
PUBLIC HEARING
Special Use Permit Request
Peter Mott and Granby Properties LLC– 371 South Granby Road, Fulton
Tax Map # 301.00-02-01.02
Proposed construction
of a private ATV trail with equipment storage barn
Chairman Karasek asked Engineer Allen Yager to present Peter
Mott’s proposed project to the audience present at tonight’s hearing. Mr. Yager presented a large scale satellite
photo site plan map which illustrated the trail location as well as the other
improvements to the property. The site
is accessed via a 1,400’ gravel drive left from the previous mining operation
which enters at the northeast of the property and travels west to about the
center where a proposed 60’x50’ equipment storage building with 10’ concrete
entrance pad will be constructed. The
owners added a wooden stockade fence with gate which, runs north to south
across the entrance road to provide security and deter trespassers. The map also showed an area approximately
700’ long along South Granby Road
where 900 trees were planted to provide a natural sound and visual
barrier. The engineer had also performed
a noise study at 5 different locations on the property to show the ambient
level of the area in comparison to the tested level using a large ATV machine
at full throttle for 30 seconds. The
largest decibel increase was from 31 to 58 decibels (increase of 27) at test
site located on the east end of the property – an increase comparable to the
noise of a chainsaw running. A letter documenting
the test and its results were supplied to the Board for the project file. The applicant also supplied copies of the
following requested documents:
ü Mine
Reclamation Security Release letter from the DEC for the subject property.
ü Superfund
Site Cleanup Report and removal from NPL (National Priorities List) for the
property located directly west of subject property.
ü Stormwater
Pollution Prevention Plan (SWPPP) with DEC SPDES Permit.
Questions from the audience were taken as follows:
1.)
Supervisor Williamson asked if the riding trail was
dirt, sand or gravel, and what dust control measures were planned. Mr. Yager replied that the trail would be
dirt and that a water tanker truck had been purchased to wet down the track as
necessary. The dust control methods are
accepted and detailed in the SPDES permit.
A pond exists on the site to supply water via pumping and a connection
to the public water line with a 1” service from OCWA by boring underground
(County Route 14) is planned for the future.
Questions regarding whether the property is included in the water
district arose which Supervisor Williamson will look into. The Supervisor also plans to check with OCWA
representative Pat Sherlock for boring connection and approval.
2.)
A neighbor residing to the south, Kathleen Barrie,
questioned the noise study using only 1 ATV – how does it sound when 10 ATV’s
are tested? The engineer replied that
the decibel readings were within reasonable limits for residential areas – similar
to farm machinery and chainsaws. He also
stated that Granby
does not have a noise ordinance. The
neighbor then asked how often people would be riding on the trail and
when. Mr. Yager replied that the
property isn’t the applicant’s residence, that he lives in Baldwinsville, works
a full time job, his kids attend school daily and therefore use would be
sporadic – some weekdays and primarily weekends.
3.)
Another neighbor that lives west of the property is
concerned with dust since he primarily has wind coming out of the east – how is
the dust going to be controlled. Mr.
Yager replied that a water truck would dampen the surface as often as needed,
and that the water would come from either the pond or future water line
connection.
4.)
A resident commented that more noise exists currently
than there used to be and that as the population increases so does the noise as
one would expect and as neighbors you become used to the noises but, this
project seems like more than a mere neighbors usage. Mr. Yager stated that Peter Mott and his
family have purchased the property and have become a neighbor and have been
respectful of the neighbors by following the legal process that the Town of
Granby Zoning Ordinance dictates and obtaining the DEC permits for stormwater
discharge controls, planted 900 trees for screening, performed noise studies –
all for an allowable use in Granby.
5.)
Supervisor Williamson asked about the mufflers on the
ATV’s and referred to a past issue in the Town that disrupted many households
for 3 years because of excessive noise.
Mr. Mott’s ATV’s are all new, in good condition and have stock legal
mufflers and that the noise study was conducted utilizing Mr. Mott’s ATV.
6.)
A resident asked why the property owner is listed as Granby properties LLC and
not Peter Mott? Mr. Yager replied that
it is for liability and insurance issues, it protects Mr. Mott personally if an
accident or damage occurs.
7.)
A question was asked about what prevents this use from
becoming a commercial entity? Chairman
Karasek answered that any approval would specify that the nature of the use is
personal for family and friends. Also
commercial uses are not allowed in AR districts.
8.)
Councilor Brenda Frasier Hartle wished the neighbors
good luck. She stated that a private ATV
track had plagued their neighborhood with noise and dust that kept everyone in
their homes with windows closed. They
couldn’t enjoy the outdoors on the weekends throughout the summer, nor could
they block the noise, dust or vibration when inside. It lasted for over 3 years and the Town
wasn’t able to help in any way – the DEC finally closed it because of the dust
issues. Chairman Karasek stated that the
use was not legal and that the owners had not come before the Planning Board to
complete the process as Mr. Mott has done.
The Special Permit allows the Board to set controls such as hours of
operation – this project is nothing like the other.
Chairman Karasek asked if there
were any more questions or comments from the audience or the Board. He explained the function of the Planning
Board is to follow the permit process as established by State Law and the Town
Zoning Ordinance. The Board does not
create law and the application is for a use that is allowed in an AR
district. The Town does not have a noise
ordinance but the concerns voiced tonight are valid and will be considered in
any decision. The discussion now begins
among the Board members to determine what modifications are needed to the
proposed intended use plan. The Board
will not be taking any action on the application tonight and will leave the
Hearing open for ten days to receive any written comments which will be entered
into the record at the work session meeting scheduled for Thursday May 11th
at 7:30 pm. Some additional inquiry into
the water district status and if any laws regarding ATV licensing exist will
also be researched.
The regular meeting was called to
order at 8:03 pm by Chairman Karasek.
A motion to approve meeting minutes for April 7, 2015
was moved by Carl Nylen and seconded by Anne Marie Lepage, all were in
favor with no discussion, motion carried.
A motion to approve meeting minutes for April 23,
2015 was moved by Rhonda Nipper and seconded by Anne Marie Lepage, all
were in favor with no discussion, motion carried.
BUSINESS
DAVID & SUSAN CALLAWAY - The Callaway’s approached the Board for the
review of a site plan to construct a 20’x34’ addition to their existing home to
serve as an in-law apartment. The Codes
office had been processing a building permit request and realized that the
Zoning Ordinance requires site plan review thru the Planning Board to create a
two family dwelling – floor plans had two separate living spaces with two
kitchen areas and separate entrances.
The applicant’s completed the application, paid the fee to the Town
Clerk present at tonight’s meeting, and supplied a site plan map. The Board members reviewed the plan and found
the dimensional requirements to be in compliance with the zoning law. A motion
was moved by Rhonda Nipper to
approve the Site Plan submitted by David and Susan Callaway for a 20’x34’
residential addition and seconded by Jeff Richards, all were in favor with no
discussion, motion carried. Secretary will send letter of approval.
PETER MOTT of GRANBY PROPERTIES LLC – Comments from the
Public Hearing was discussed with the major issues of contention being noise
and dust. The planting of 900 trees
along South Granby Road
was impressive to several neighbors as a way to mitigate the noise, eliminate
any visual and potentially catch dust.
The question of whether to have more noise study tests performed seemed
meaningless when the Town doesn’t have an established noise ordinance to
enforce. The hours of operation and the
number of vehicles allowed to operate at any one time seem to be only areas of
control the Planning Board can use to mitigate the neighbor’s concerns. Secretary will type Chairman’s listing of
issues and send to Board members in preparation of the work session scheduled
for May 21st.
With no further business to be discussed, a motion to
adjourn at 8:35 pm was moved by Paul Ketchum and seconded by Carl Nylen,
all were in favor, motion carried.
Respectfully submitted by:
Lisa Somers, Planning secretary
