TOWN OF GRANBY PLANNING BOARD
Work Session Meeting Minutes
May 21, 2015
PRESENT :
James Karasek, Chairman
David Crockford
Jeff Richards
Rhonda
Nipper
Paul
Ketchum
Carl
Nylen
Absent:
Anne Marie Lepage
Also Present:
Peter Mott, Tanner Mott, Engineer Allen Yager, Councilor Brenda Frasier Hartle,
Supervisor Ed Williamson, Veronica Ellsworth, Pearl
Cavallaro and Karen Eastman.
Chairman Karasek opened the
meeting 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 verified that the application had been
filed and fee paid to Town Clerk; with no further questions from the Board the
Hearing was closed. A motion to approve the Baldwin Site Plan
for a fitness studio as submitted was moved
by Jeff Richards. The motion was
seconded by Paul Ketchum, all were in favor and the motion carried. Secretary
will send approval letter.
Chairman Karasek spoke to the audience regarding the job and
role of the Planning Board. He began by
saying that the Planning Board members are residents and neighbors in the Town
of Granby just
as is everyone present; they are not elected but volunteers who receive a small
fee per meeting to review applications for compliance with the zoning requirements. The approval process is not opinion based; it
is based on land uses that are allowed in the Town of Granby as defined in the Zoning
Ordinance. He also stated that some Town
officials have made negative comments attempting to lobby or influence the
approval of Mr. Mott’s Special Use Permit application which has only resulted
in misinformation to the public.
Tonight’s meeting is a work session for the Planning Board to discuss a
list of issues with the applicant that was gathered from the Public Hearing on
May 5th. The Planning Board has
the authority to place appropriate conditions that will safeguard the public as
well as preserve the neighborhood – that is the purpose of this work
session. This is not a public hearing
but the Board has always allowed residents to present their concerns and ask
questions and it will be allowed tonight for a couple of reasons. First, the legal notice was not published in
the Valley News because of an email address change at the paper that was not
announced. The attempt to publish was
executed and notification by letter to adjacent parcels was completed
satisfying the notification portion of the process. Second, simply because neighbors are here
with questions and concerns - the Board is willing to listen. The public is an integral part of the
determination of what controls are needed.
Many petitions and letters have been received by the Board and the Town
Clerk, they are noted in the minutes and have become part of the project file
for future reference if the need arises.
Chairman Karasek made a final comment regarding the establishment of a
noise ordinance in a rural and agricultural area. First, farms that are designated by NYS as an
‘Agricultural District’ do not have to adhere to any of the Town regulations,
they are exempt. Second, the adoption of
a noise ordinance would greatly affect the private use of ATV’s such as
snowmobiles, four wheelers and dirt bikes which are commonly used in our
community. An amendment to the Zoning
Ordinance or the adoption of a Local Law by the Town Board would be a more
effective avenue to change permitted land uses in the Town of Granby.
________________________________________________________________________
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 had previously left the Hearing open to
receive written comments which have been received and entered into the project
file (90 +/- signed letters with witness signatures). At this time, project Engineer Al Yager,
presented another map of the property which has an overlay of designated
wetlands illustrating that none exist on the property. Mr. Yager also presented an updated site plan
with a new trail configuration which moves the trail away from the eastern side
of the property where the highest noise levels were found. Chairman Karasek stated for the record that
the applicant has proposed an ATV trail on property that he owns for personal
use by his family and friends to ride ATV vehicles – no public use or fees have
been discussed and the applicant reaffirms its for private use only. Chairman Karasek further stated that the
project was submitted to Oswego County Planning for a 239Review, which is
mandated by the state, and their response supports approval with a modification. The modification is that a plan to control
erosion and sediment runoff during construction be developed; a SWPPP has
already been completed and accepted by the DEC in March of this year fulfilling
the County’s requirement. Technically
the applicant did not need to apply for a permit to develop this property
because he is usage is similar to any one here – riding personal ATV’s and
having multiple friends visit. The SWPPP
through the DEC would have been required because of moving more than 1 acre of
land, but the application to the Town was made to be straightforward with
information about the project and to comply with all applicable regulations.
Comments from the public were as follows:
1. Veronica
Ellsworth - A Granby resident that lives
within 4 houses of the project stated that she sent a letter to the Board
listing her concerns which she briefly covered aloud with excerpts from the
Zoning Ordinance, information from previous meeting minutes, explanation of
current neighborhood use of ATV’s found to be acceptable as normal neighbor interaction,
and concern that the intent is to develop a business which would change the
character of the neighborhood. She as
well as others feels that the information supplied to the Planning Board and
the DEC by the applicant is not consistent or truthful. She also stated that she and others spoke
with neighbors within 2 miles of the property and have more than 90 signed
petitions and letters of protest that were received by the Town Clerk and given
to the Planning Board. Mrs. Ellsworth
also spoke about her family’s enjoyment of their peaceful property by gathering
every day to have coffee and be together – she feels this project threatens the
ability to continue this tradition. The
neighbors don’t feel that Mr. Mott is a neighbor, only a property owner which
Chairman Karasek quickly stated that Mr. Mott is indeed a neighbor who pays
property taxes as everyone else does. In
conclusion Mrs. Ellsworth stated that although the Zoning Ordinance requires
Site Plan/Special Use Approval for recreational use in an A/R district does not
mean that a permit must be issued.
2. Pearl
Cavallaro – Strongly opposes the project and disbelieves the intent is for
personal use. Further feels that the
applicant was untruthful on DEC form dated March 18 referring to the project as
a bike path/trail and not listing ATV motorized vehicles.
3. Karen
Eastman – An adjacent property owner with four children all of which ride 4
wheelers and dirt bikes, but also enjoys hunting and bird watching - which
could be greatly affected by the noise of excessive ATV usage in a relatively
quiet area. The property has been in her
family for over 100 years and her concern is the disruption of her family’s
daily lifestyle and enjoyment of their property. She further stated that being adjacent to state
owned property has controlled their activity because of the impact to
surrounding wildlife – feels that this project should be compliant to those
standards as well. Stated that she hopes
that the concerns are inflated and welcomes Mr. Mott to the neighborhood if his
intent is as he has presented.
4. Resident
along County Route 14 – Stated that a use that will be loud and continuous for
periods of time shouldn’t be located in a valley but upland of it because as it
is now they can hear the raceway like its next door. If the usage is between 2:00 and 4:00 in the
afternoon it would be acceptable just as the other noises from the surrounding
farms are.
5. Resident
– Concern about spraying for mosquitos and possibly using a heavy duty
pesticide. Mr. Mott replied that he
hadn’t thought of or planned to use pesticides.
6. A
resident questioned why they needed power at the site, the Niagara Mohawk
employees at the property stated that a business ATV track was being
built. Mr. Mott stated that the power
was for the storage barn only which would involve a couple of poles to be
added; nothing underground because of the excavation for the trail but possibly
for a house later on.
7. A
resident asked how they were going to manage the dust. Mr. Mott replied that he has a tanker truck
that they fill from a pond via a pump, and they added a second pond to ensure
there would be a water supply available.
A public waterline could be accessed in the future through OCWA and
tunneling under the roadway (at owner’s expense). No chemicals are planned to be used for dust
abatement, Mr. Yager commented that there are chemicals used for dirt
situations but not sand which is heavier.
8. A
resident spoke regarding her family and their home, which was her grandmothers
and has been in their family for 55 years.
The family has a 6 year old child with serious medical issues centering
on noise which creates nightmares and stress, her fear is that 6,7 or 8 ATV’s
riding constantly for hours would create a situation forcing them to sell their
home and relocate.
9. Neighboring
property across County Route 14 - What does ‘watering the trail’ involve? Mr. Mott answered that if it’s a dry day then
they will water the trail before riding and if it begins to dry and become
airborne then they will either water again or determine not to ride that day.
10. A resident
asked how you control the property from becoming a business. Chairman Karasek
answered that usage other than specified in the Special Use Permit would be
cited by Codes. A business would need to
come back through the Planning Board and would not be considered compatible to
an A/R district.
With no further comments from the audience Chairman Karasek
asked Mr. Mott to step forward to discuss modifications to his proposal. Mr. Mott addressed the neighbors present and
stated that he now wished that he had approached everyone individually to
introduce his family as neighbors and to avoid the miscommunication that has
evolved. He didn’t realize how emotional
the project had become in the neighborhood and appreciates all of the comments
made this evening and would like to reassure everyone that he is no different
than anyone here and the trail is for personal use only. He briefly described that he sold a business
recently, has more free time because of it and has developed an interest in
riding dirt bikes, but the process of transporting the ATV’s to places other
than Baldwinsville is time consuming and a lot of work. Buying the 43 acre parcel is just a new
opportunity for his family to ride ATV’s easily and possibly become a future
home site if development costs to run power, water, and a driveway becomes cost
effective.
The Board members had a list of issues compiled from the
first public hearing to discuss, which are similar to the comments presented
tonight. They are as follows:
- Hours
of operation stated as Monday thru Saturday 10am to 8 pm, and 12 pm to 8pm
on Sunday. Residents commented that
stating hours for a personal use activity makes it seem like a
business. The Planning Board
explained that they had requested set hours to control excessively early
or late noise; it was not part of the original proposal. The times the family would ride would be
dictated by school, jobs and other family activities in Baldwinsville –
riding being more sporadic than constant.
- Limit
the number of operational machines at any one time such as 10. Some discussion ensued regarding the
sound created by one or two ATV’s versus 10 which would seem to be much
louder in contrast. The effect is
not cumulative but bell shaped with a midway apex. The discussion resulted in limiting the
maximum number of ATV’s to (6) six at any given time. Mr. Mott’s son, Tanner Mott, asked to
comment on the usage and spoke openly about many of the questions
neighbors were asking. He stated
overall that he was 17, would only be allowed to have 1 or 2 friends at a
time with supervision via phone contact with his Dad at the very least,
that he was a responsible kid busy with school and a job. Some neighbors commented on parental
supervision and the safety issues that could arise on such a large parcel
which Mr. Mott replied that rules have been established and no one is ever
allowed to ride alone or without permission.
- Stipulate
that use if for family and friends only.
- Stipulate
that ATV machines brought onto the property by friends are registered and
insured.
The Planning Board members had no further questions,
Chairman Karasek asked if anyone in the audience had anything further to say
and Councilor Brenda Frasier-Hartle presented an e-mail that Supervisor
Williamson had intended to ask about but had to leave. The e-mail was from the DEC regarding the
SEQR review which stated that the project area was located in area of
archaeological significance. The Board had
previously discussed this issue when they reviewed the Short form EAF and
determined that due to the previous mining and reclamation efforts any
artifacts would have been removed during the previous removal of an estimated
1,000,000 cubic yards. Without further
comments a motion to close the
Public Hearing at 9:15 pm was moved
by Rhonda Nipper and seconded by Carl Nylen, all were in favor and the motion carried.
The regular meeting was called to order at 9:16
pm on a motion moved by Jeff
Richards and seconded by Carl Nylen, all were in favor and the motion carried.
BUSINESS
PETER MOTT of GRANBY PROPERTIES LLC – Without further discussion a motion to approve the requested Special
Use Permit for Peter Mott of Granby Properties LLC to construct a private ATV
trail with storage barn with the below listed conditions was moved by Jeff Richards. The motion was seconded by Rhonda Nipper, all
were in favor without discussion and the motion
carried. Conditions of approval are
as follows:
1. Hours
of operation of ATV’s on trail are limited to: 10 am to 8 pm Monday thru
Saturday, and 12 pm to 8 pm on Sunday.
2. The
maximum number of ATV machines allowed on the trail at any one time is (6) six.
3. Approval
stipulates that ATV trail usage is for family and friends only.
4. Any
ATV machines brought onto the property that are not owned by the Mott family
must be registered and insured.
Secretary will send an approval letter to the applicants.
With no further business to be discussed, a motion to
adjourn at 9:23 pm was moved by Carl Nylen and seconded by David
Crockford, all were in favor, motion carried.
Respectfully submitted by:
Lisa Somers, Planning secretary
