PLANNING
BOARD MINUTES April
26, 2002
Chairman,
Doug Allen, called the meeting to order at 7:30 p.m.
Borkhuis - Evergreen Hill
Self Storage / Evergreen Hill / 1 Lot Subdivision and Site Plan / Preliminary
and Final
Doug
Allen began the discussion by stating that he had read the letter sent to the
Town and was very disappointed. Doug
stated that some of the statements made in the letter were simply untrue and
stated that the Planning Board has followed every letter of the law while
reviewing this application. Doug stated
that no decisions have yet been made on this application and the Town Attorney
is present tonight to give the needed interpretations. Tony questioned if this application was
required due to the proposed Pheasant Run project. Scott Allen explained that with the Planning Board approval given
for Pheasant Run, it was required that an application for a storage facility be
brought to the town. Tony stated that
the code provides for the Planning Board to have the option to require off-site
storage due to the smaller lot sizes in this district. Tony questioned if the sizing or limitations
were part of the conditional Pheasant Run approval. Scott explained that the condition simply stated that an application
needed to be submitted for review. Doug
Allen questioned the term "sole convenience" used in the code. Scott Allen explained that it was the intent
of the Planning Board at the time of the condition Pheasant Run approval to
make the developer live up to the NCD District Codes. Tony asked if the plan as submitted meet what the board had in
mind at the time the condition was placed.
Doug answered that it did, however, the board at that time did not know
where the proposed facility would be located.
Tony questioned if the statement in the letter from the residents
concerning the size of this application being too much for the NCD District was
true or false. The application was
determined to be not larger than needed if the facility was not limited to the
residents of the NCD District.
Gary
questioned what the term "sole convenience" would mean to him, and
stated that he would comply with whatever the law was.
Tony
stated that he thought the intent at the time ordinance was written was to respond
to the freedom given to the developer in the NCD District.
Gary
stated that if he was applying for a restaurant facility he would not be
restricted to serving only residents of NCD District and he didn’t see how this
was any different.
Brian
stated that the applicant owns another business in the NCD District and is not
restricted on that business.
Tony
responded by stating that this application was a requirement for the Pheasant
Run approval and therefor is not a stand-alone application. Tony also stated that an overlay district
would not be necessary because the NCD District is essentially an overlay.
Tom
Ferreri stated that the applicant for this storage facility is not the same
applicant as the Pheasant Run Subdivision.
Tony
stated that the applicant for the Pheasant Run Subdivision delegated, however,
it was still in adjunct to the Pheasant Run approval.
Scott
Allen again stated that it was only a requirement that an application be
submitted.
Doug
questioned the Salvage and Recycling aspect of this application. Tony responded that the question presented
to him in the letter from Dave Matthews was to broad and he would not give an
opinion on the hypothetical. Tony did
state that he did not see that this particular application would be conditioned
by the Salvage and Recycling code.
Doug
stated that the long EAF had been submitted and asked Dave Matthews to give a
brief overview. Scott explained that
this was an unlisted action and the board had required the long EAF, however,
it does not require a coordinated review with any outside agencies. The board is to give a positive or negative
declaration after their review of the long EAF.
Dave
explained that the long EAF addressed environmental concerns presented by the
residents. Section one gives the basic
facts of the property, section two is a review of the impacts and section three
is supporting documentation.
Tony
recommended that the board wait until they have a chance to review the long EAF
before making a declaration. Tony stated
that board should declare themselves lead agent and review the form for the
next meeting.
A
motion to declare lead agency on this unlisted, uncoordinated review of the EAF
for Evergreen Hill Self Storage Facility was made by Mert Bartels, seconded by
Brian Gagne, all in favor.
Doug
asked Dave Matthews to briefly address the issues addressed in the letter dated
April 19, 2002.
In
response a resident responded that they were not disputing that this is an
allowed use, however, they do feel it should be for the sole convenience of the
NCD residents. The resident continued
by stating that they feel Gary will establish the business then go to the
Zoning Board of Appeals for a variance, stating a hardship, to allow business
from outside the NCD District. Doug
stated that the letter presented by the residents was very unclear. Another resident questioned if they could
prove that the property values would decline due to this proposed business if
it would make a difference. Scott
explained that this information is very subjective and would be extremely
difficult to prove.
A
resident asked if any of the board members would buy a house next to this
business. The board explained that this
was subjective and the job of the planning board is to follow the codes not
make subjective decisions. A resident
responded that they were told when they bought their house that this land was
going to be open space. The planning
board explained that who ever sold them the house told them that, not the
planning board.
Doug
asked for the board members concerns and comments. Kevin questioned the size of the project if the operation was
limited to only NCD residents. Tom
Morrison questioned if this needed to be restricted to the NCD residents or if
it could be expanded to the entire Gananda district. Tony explained that if the application was in adjunction to the
Pheasant Run Subdivision then it would need to be limited to the NCD residents
due to the sub-standard lot sizes allowed.
Brian stated that if this project was limited to the NCD residents, the
planning board might be dooming this project from the start leaving the
residents with exactly what they did not want to begin with. Brian referred to the Planning Board minutes
dated March 11, 2002 where the residents raised concerns about the business
failing and the empty building being left.
Tony
continued to explain that when this code was written Gananda was under one
developer and the code is written for that situation. Now that the developer is selling off the subdivisions, the
language of the code is difficult to reconcile. Tony also explained that no other business is restricted to the
NCD residents and the code states that this "may be required by the
Planning Board".
Mert
Bartels stated that he would like more time to review the EAF prior to making
any decision. Tom Ferreri agreed. Doug stated to Mr. Borkhuis that his concern
was with whom would be the next generation of operators for this business and
how the board could determine that it would be run with the same integrity as
Mr. Borkhuis would run it.
A
resident stated that another issue addressed in the letter is that Mr. Borkhuis
has already started development and needed to call off the construction crews
after the last meeting. Gary responded
that this was absolutely false, no work has been done on the property except
surveying. Gary stated that he resented
the accusation. Scott Allen stated that
no work could be done without a building permit. Doug stated that this argument was as ridiculous as the argument
that the Planning Board is trying to push this application through. Scott also stated that the letter was sent
to the Zoning Board of Appeals and the Town Board was never sent to the
Planning Board.
Tony
stated that under section 135-113-B the Planning Board has the option of
sending the application to the Town Board for a final decision. Scott explained that he doesn’t remember
this being done, at least not in the last ten years, and the Town Board has
given this authority to the Planning Board.
Ken Nawrocki stated that the Town Board had the confidence in the
Planning Board to make these decisions and if it were referred to the Town
Board the members would just need to re-learn the entire situation.
A
motion to table this application until the Planning Board can further review
the EAF was made by Brian Gagne, seconded by Kevin Rooney, all in favor.
Cataldo - Tranchtenberg /
2734 Hance Rd / Kennel Permit
Mr.
David Tranchtenberg and Ms. Carolyn Cataldo were present to address the board. This application was tabled on December 10,
2001 due to property ownership. David
and Carolyn have now purchased the property and would like to get a permit for
private kennel for St. Bernard dogs on this 49 acres parcel. David explained that they would be using the
existing barn structure to house the dogs and all setback requirements will be
met. Scott questioned if the Planning
Board would like to set a maximum on the number of dogs allowed and he
explained that this would only be in effect for dogs that are 6 months or
older. Tom Morrison questioned that
structure located near the back property line needing a variance. David explained that they would not be using
that structure to house the dogs, they would use the structure located closer
to the house. A motion to grant a
kennel permit with a maximum allowance of 25 dogs 6 months or older was made by
Brian Gagne, seconded by Kevin Rooney, all in favor.
NEW BUSINESS
Spinners - Kevin Judge / 280
Route 31 / Modification of Special Use Permit
Gus
Jubulis and Kevin Judge were present to address the board. Gus distributed updated plans for the
proposed extreme skate area. The
outside park is now located in the rear parking area of the building, however,
due to space they would like to re-locate the area across the drive and make it
larger. Kevin explained that he would
like to make the park more year round and reduce the crowding that occurs
currently. The proposed park will be
four times the size of the current area; it will measure 125'x400'. The ramps will be spread out more and will
allow separate areas for skateboarding, in-line skating and bikes. Kevin also explained that last year when he
applied for the permit he was not aware of the level of difficulty in putting
up and taking down the ramps; this would allow the ramps to be left up year
round.
The
board asked about screening. Gus
explained that the proposed area is 250' away from the road and no screening is
proposed. Gus explained that there
would be 6 light poles with 2 lights on each pole. Kevin explained that he would like the activity to be seen from
Route 31. Scott stated that he had
concerns with screening on the opposite side, facing the proposed residential
area behind this location. Scott stated
that evergreens should be planted on the south side, some screening should be
done in the front and light cut-off shields should be installed. Doug stated that red maples would be nice to
the North. Gus stated that there was a
catch basin to the north and they would only be able to plant a couple of
trees.
Scott
explained that one of the issues with this application is the sanitary sewer
easement that runs through this proposed project. Currently no sewers have been installed in this easement and this
will be discussed at the PRC meeting on Wednesday, April 24. Scott stated that the easement should
probably be re-located around this proposal or the applicant should install the
piping needed under this area at their cost.
It should be part of the recommendation given to the town board to have
the easement filed in the best location.
The
board questioned the need for additional parking. Kevin explained that by moving the park it would free the back
parking area. He also explained that
this never was an issue last year, this use tends to be a pick-up/drop-off
traffic situation. The current plan
shows 106 parking spaces.
Scott
stated that this would draw business from a long distance. The board stated that they had concerns with
parking. Kevin asked if land banking
would be an option. Scott stated that
if land banking was going to occur the board should set a timeframe to have the
additional parking complete once it is requested.
Brian
Gagne stated that he had concerns with a gathering of youth and not having the
proper controls in place. Kevin stated
that when this was reviewed at the county this was one of their concerns as
well. Another of the counties concerns
was people crossing Route 31 between this and the go-kart track across the
road. The board asked what the average
age is of the users of the proposed facility.
Kevin explained that he has people age 5-55, the average age is
12-17. Kevin also stated that he had no
plans to extend the hours of operation.
Scott
stated that another issue is with the proposed residential development behind
this location. The Planning Board had
requested that the residential development use Carlson Dr for access vs.
creating another road cut and this may need to be re-visited at this time. Another traffic issue discussed was the
right-in/right-out on Route 31. Scott
stated that this did not function as intended.
Tom
Ferreri stated that he thought the board should require land-banked parking and
some screening to reduce the amount of "rubbernecking" from Route
31. Tom also requested that a
photometric lighting plan be done so that the board can determine the
impact. Kevin stated that the lighting
would not be any worse than the miniature golf facility or the go-kart facility
across the street. Scott explained that
this is different due to the residential area located to the rear of this
location.
Tom
Morrison stated that due to the outstanding issues (lighting, pedestrian
crossings, traffic, landscaping, and drainage) that it would be better to
review for the next meeting.
Gus
explained that the area would be relatively flat with one drain in the middle.
Tom
Ferreri questioned if any additional bathrooms would be added due to this
application. Gus stated that none are
proposed they are currently located in the building. Tom asked if any crosswalks were proposed for people crossing the
parking area to get to the restrooms.
None are shown.
Ken
questioned the need for the town to review this area to make this more
pedestrian friendly due to the recreation facilities in the immediate
area. Tom Morrison stated that the
Planning Board is concerned with the internal traffic now and eventually the
town may need to review the pedestrian traffic overall.
A
motion to table this application until the issues discussed can be addressed
was made by Tom Morrison, seconded by Mert Bartels, all in favor.
Brownstone Physical Therapy
/ 1900 Route 31 (West Wayne Plaza) / Sign Permit
Dave
Matthews was present to represent this application and explained that
Brownstone would like to have a sign on the front of the building to match the
existing signs. A motion to grant this
sign permit contingent on Zoning Board approval was made by Brian Gagne,
seconded by Kevin Rooney, all in favor.
LOG IN
Frank Dimino Inc. / 921
Route 31 (Henning Property) / SEQR Determination and Site Plan
Courtney / Pannell Road /
Realty Subdivision
ZBA REFERRALS
Frank Dimino Inc. / 921
Route 31 (Henning Property) / Area Variance - Section 135-92 / Request to build
an Access Road with a 60' setback from the existing barn
Scott
explained that this applicant is currently negotiating with DEC on the location
of this access road due to the wetlands on this property. The best location determined by the DEC
requires the applicant to go to the Zoning Board of Appeals for a setback
variance. The property is zoned ORM and
the access road is to allow the property to be marketed. The planning board made no comment on this
application.
Travis Camp / 2537 Barnes Rd
/ Area Variance - Section 135-61 schedule 1 / Request to construct an accessory
structure closer to lot lines than allowed by town code
The
planning board gave a positive referral to the ZBA for this application.
Dan Lettro / Kittering Rd /
Area Variance - Section 135-61-A / Request to build an attached garage larger
than allowed by town code
The
planning board gave a positive referral to the ZBA for this application.
MINUTES
A
motion to approve the minutes dated April 8, 2002 was made by Brian Gagne,
seconded by Kevin Rooney, all in favor.
Mr.
Gary Borkhuis returned to the meeting and stated that he was disappointed with
the delay he was given this evening and that he felt the restriction of only
allowing NCD residents to use this facility was unfair. The planning board members responded that
they understood his concerns, however, they had to follow the zoning. Doug explained that the board was surprised
when 60 people were in attendance for the public hearing but because they
raised these issues the planning board needs to follow the proper channels in
order to make an informed decision on the application.
ADJOURNED
10:30 P.M