Grafton Planning Board Dodges A Bullet

by Kieron Kramer
The expected brouhaha concerning Les McDermott’s proposal for a shooting range and gun store on his property at 303 Old Siek Road did not materialize at the Grafton Planning Board meeting on Monday, August 20. Only two of the people who spoke so vociferously at the public hearing last month were present, and there was no discussion about the shooting range. The reason for this turn of events was made clear at the beginning of the regular meeting when Planning Board Chairman Tom Withcuskey read a letter from McDermott withdrawing his site plan application “due to the recent personal and unfounded attacks on my character from my neighbors, or should I say, property owners.”
[private]Generally, the neighbors raised very important issues at last month’s public hearing – public safety, noise and the subsequent depression of property values. The tone was severe, however, and a number of assertions were made regarding McDermott’s neighborliness and honesty. Later, during the regular meeting, McDermott denied the accusations. In an interview after the meeting this Monday, Withcuskey indicated that he felt that the accusations were extreme.
Only one person spoke during the public comment period this Monday. Tonya Moutray, who owns a 10 acre landlocked parcel beyond the end of Old Siek Road, said she was relieved that McDermott had withdrawn his application. She was concerned with safety and the devaluation of neighboring properties.
The Planning Board is even more relieved. Much of the outrage expressed last month came from the notion that the Planning Board was going to rubber stamp the project. Nothing is as problematic for a municipal board as when there is a public outcry opposed to an individual’s legal proposal for a project on his own land. The solution, if there is one, of the conflict between the greatest good for the greatest number and the inherent Constitutional rights of the individual is excruciatingly difficult to find.
Withcuskey said after the meeting that there was no way that the Board would have approved the site plan review at this meeting. He had demanded that the Long Form Environmental Impact Statement (EIS) be filed and had arranged for an extensive study of the proposed facility by the Town Engineer, Russ Reeves. The Engineer’s finding, the fact that a certified instructor would be present at all times and that the  great majority of users would be retired law enforcement officers had convinced Withcuskey that the shooting range posed little danger. He was concerned, however, about the noise and the property devaluation and expected to negotiate restricted days and hours of use at the facility before a Planning Board vote on the application next month.
Luckily, it is unlikely that McDermott will suffer financially from not having a shooting range on Old Siek Road. He owns a successful gun shop in Green Island and may set up an indoor shooting range there, according to Withcuskey.
Ironically, without a site plan there is no restriction now on the discharge of guns on the McDermott property on Old Siek as long as it is not a commercial venture. The NYS DEC regulations for loaded guns and discharge distances prohibits discharging a firearm or bow within 500 feet of any school, playground, occupied factory or church or within 500 feet of a dwelling, farm building or structure unless you own it, lease it or are an immediate member of the family, an employee or have the owner’s consent. So now that a trained supervisor is no longer required will Old Siek be less safe? Will there be less noise? “He still has the right to shoot, as any citizen in New York State does if they follow the DEC regulations; I have no control over that; now the Town has no say,” said Withcuskey.
Grogan Subdivision On Taconic Lake Road
A public hearing on Joseph Grogan’s simple subdivision on Taconic Lake Road was held at 6:45 before the regular meeting. Edward Grogan, Joseph Grogan’s uncle, who described himself as an attorney from Clifton Park, presented the application at the hearing. Joseph Grogan wants to build a lake front camp on his parcel where previously a house had existed and burned down. The County Health Department would not approve the septic system on that lot because it is too near the lake, said Ed Grogan. So Joseph Grogan acquired an approximately ½ acre lot across the road for that purpose. The Health Department wouldn’t approve a septic on that lot either because of the contour, said uncle Grogan. This subdivision application would separate a .644 acre lot, abutting Grogan’s ½ acre lot, from property owned by the Taconic Lake Association, which has agreed to sell it to Joseph Grogan for $1,000. Grogan said that there are “quite a few back lots that are used for septic” at Taconic Lake. Under the rules of the Association back lots cannot be built on, and the septic system will be the only thing on this lot, said Grogan. He added that the three lots would have separate deeds although the assessor may assign one tax number combining  the three parcels. No one else spoke.
Board Member Scott Newell felt that, ideally, the lots should be deeded as one lot to avoid confusion “25 years from now.” If someone in the future wanted to purchase the lot next to the Lake, he would know that the purchase includes the lot with the septic system, he said. During the regular meeting Board Member Owen Grandjean agreed. Grogan said he would rewrite the deed description to combine the two parcels, the one with the camp and the one with the septic system, since he will need to rewrite the deed in Joseph’s and his wife’s name anyway. Then Withcuskey read through the short form EIS, and the Board declared a negative finding – meaning no adverse environmental impact. The Board then voted 4-0, with Arthur Surprise absent, to approve the Grogan subdivision.
Three New Applications
One application was presented by Surveyor Bill Darling, representing Mr. and Mrs. Chester Wescott. The Wescotts want to subdivide their parcel at 1966 Route 2, conveying 1.41 acres to their son-in-law. They will retain approximately 7.77 acres. The driveway to the new lot will be located on an easement from Route 2 across the Wescott property. The Board voted 4-0 to accept the application, and a public hearing on the matter was scheduled for 6:30 pm before the next regular meeting on September 17.
Norm Vandervoort applied for a two lot subdivision on Clickner Road. Bill Darling presented the Vandervoort application. A seven acre parcel will be “cut out” of the existing land and sold to William Crandall, Jr., Darling said, 27 acres will remain. “This parcel comes out of one parcel of 51 acres conveyed to Norm in 1955,” added Darling. Some confusion arose because a parcel was “cut out” before and sold to William Crandall Sr. and another parcel is shown as wetland. That would make a total of four parcels coming out of one and would require a major subdivision application. Darling explained that the wetland parcel should be considered an easement to the Federal Government. So, there are only three distinct parcels resulting which makes it still a simple subdivision. The Board voted 4-0 to accept the application and scheduled a public hearing on the matter for 6:45 pm on September 17.
During this meeting Tom Withcuskey’s technique in folding survey maps came under scrutiny. Darling made a suggestion as to how to fold the maps so that the title is visible. Withcuskey learned fast and folded the Vandervoort survey map accordingly.
Withcuskey discussed the possibility that Brian Block, an art teacher from New York City, will buy the old Grafton Methodist Church on Route 2 in the middle of town to use as a private residence. According to Withcuskey, Block is negotiating with the Church, which must go to the NY State Supreme Court to stipulate that the property will no longer be used for religious purposes and should have its tax exempt status removed. Withcuskey said he wanted to accept the application ahead of time to expedite the use of the building once the legal hurdles are cleared. He hopes that this Grafton landmark will be better preserved if occupied rather than standing empty. The Board voted 4-0 to accept the application ahead of time and “tentatively” set a public hearing for 6:15 pm before the next regular Planning Board meeting on September 17.[/private]