Members Present:                                         Guests:

Mark Agle                                                       Scott Henry, Building Inspector

Dennis Brawdy                                                Kristen Haight, Town Engineer

Anthony Weiss                                                Phil Muck

Kevin O’Gorman                                              Councilmen Krycia , Walker & Vacco

Gerard Schwab                                               Julie Smolinski

Andrew Romanowski, Alternate                        Jake Schneider, ICC Project

Excused:                                                       Brian Louis

Juanita Majewski                                             Don Fregellette

Bill Zittel                                                          Lou Ursitti

Absent:                                                          Ron Zimmerman

                                                                      M/M Paul Schaeffer, Best Impressions

______________________________________________________________________                                                                                                            

Chairman Agle called the January 8^th, 2004 Meeting of the Eden Town Planning Board to order at 8:00 PM.  Agle requested a motion to approve the November 6^th, 2003 minutes as written & submitted, so moved by Gerard Schwab, seconded by Dennis Brawdy, carried all Ayes.

NEW & UNFINISHED BUSINESS

1.               Julie Smolinski:  Purchase of Mroz property (19 acres zoned GB) on N. Main Street/Shagagee Road.  Hullabaloos would be behind the Napa Store with access from Shadagee Road.  The building would be 125’x60’ to utilize 7200 sq.ft.  Future plans are to develop some of the remaining acreage for possible office, store fronts, etc.  Julie stated that Mr. Violanti still has an interest in the Mroz lot along Main Street.  Agle stated that at this time, there has not been a Minor subdivisions application submitted; that would be a requirement for the subdivision and subsequent purchase of this property.   Agle advised Julie to check into whether or not Erie County Sewer intends to extend the mainline sewer to service this area; a private system would be quite costly, check with your engineers if there is sufficient property and soil types that would support a private system in the event that the sewer district is not extended.  The Planning Board requirement would be:

a.     Minor Subdivision application – submitted by the landowner, indicating what the phasing plan might be for that property.

b.     Site-plan submission:  get checklist from the Building Inspector.

c.     This area is zoned and your proposal is a permitted use. 

Kevin O’Gorman was concerned about the driveway, emphasizing that an entrance from Route 62 would be preferable.  Kristen Haight mentioned that a turn-around between Rt. 62 and Shadagee might be necessary for fire access.

2.               Immaculate Conception Addition Site-Plan Review:  Jake Schneider and Brian Louis.  Chairman Agle stated that the revised site-plan meets all the requirements that were requested from the November 6^th meeting.  The Town Engineer will need to sign-off on the Drainage Plan.   Schneider stated that the Town Highway Department addressed the problem of the location of the fire hydrant – they relocated it to a more suitable area.  Regarding the parking – if both facilities were utilized simultaneously 196 parking spots would be necessary.  Schneider stated that it would be highly unlikely that simultaneous usage would occur; 138 10’x20’ spots are paved and delineated. 

Mr. Henry stated that the setback dimensions are not indicated on the revised plan.  That information needs to be indicated.  

After discussion, Chairman Agle motioned to approve the site plan as submitted contingent upon final review and approval of the final Site and Drainage Plan by the Town Engineer, and obtaining necessary building permits from the Building Inspector, and declared a NEGATIVE DECLARATION on the EAF under the SEQR, as there is no detrimental Environmental Impact due to this addition, seconded by Kevin O’Gorman, carried all Ayes. 

3.               Ron Zimmerman – Revised Site Plan, seeking a revision of the site-plan approval amending the use of the property from a restaurant to house the Tri-County Physical Therapy unit utilizing ½ of the first floor, leaving the other ½ of the building vacant at this time.  After discussion, it was determined that the parking is adequate, greenspace is adequate, handicapped accessibility is necessary.  Zimmerman stated that some of the landscaping has been completed, more to follow.  Paving on the north side has been completed.  Berms have been set, but 1 is somewhat ineffective – it will be redesigned.  Dry wells are in the back of the lot and drainage is controlled.  Chairman Agle stated that the back lot will need to be a dustless surface. It is indicated as asphalt millings on the cross section shown on the site plan with an oil and chip seal on top, then stripped.  The back portion of the lot could be stripped at a future date, if and when the other ½ of the first floor is leased.  O’Gorman commended Mr. Zimmerman for the fine job restoring the burned out building and continued to state that there will be less traffic in and out as the Physical Therapy office rather than as a restaurant, Dennis Brawdy motioned to approve the revised site-plan pending Scott Henry’s approval and any future tenancy for the vacant ½ of the building would require subsequent approval and striping of the balance of the parking lot, Chairman Agle seconded the motion, carried all Ayes.   Agle instructed Zimmerman to follow-up with Scott Henry.

4.               Chair recognized Supervisor Nellis who stated that Mr. Zimmermans’ building is the cornerstone of two other moves and tenancies within the Town.  M/M Schaeffer plan to move to the space vacated by Tri-County Physical Therapy and Legislator Jeanne Chase plan to move their office into the vacated M/M Schaeffer building. Agle thanked Supervisor Nellis and stated that the Board is aware of the circumstances and time constraints of the interested parties and is ready to hear M/M Schaeffers’ plan as well as that of Jeanne Chases’ office (Minikime Building).  M/M. Schaeffer purchased the building currently housing Tri-County Physical Therapy.  They plan to move their business “Best Impressions Sewing Center” into the building when Tri-County vacates the premises and moves into Mr. Zimmerman’s building.  Schaeffer stated that at this point, the only pending change is to remove a closet to enlarge an area for classroom use.  Schaeffer asked whether he really needed a site-plan just to indicate the removal of a closet.   Agle stated that under the current code, the Planning Board has the prerogative to require a site-plan.  Parking must be addressed, Agle requested to know the maximum number of spaces for the business at any given time.  Schaeffer stated 5-6 spaces would generally be max. Henry stated that due to change of occupancy/change of use, there may also be new building code requirements that need to be met; you may not feel that you need to make changes but under the new building codes, you may be required to do something to the building.  Under the umbrella of “Commercial” there are a variety of different occupancy classifications and the codes states that when you cross over from one to another, other requirements may apply.  Henry directed Schaeffer to seek professional guidance, either a licensed architect or engineer, who will walk through the building and determine whether or not it will require improvement.  An entire section of the code is dedicated to this type of change over.  For example, Mr. Zimmerman has changed from a retail-auto parts store/pizzeria to a professional service on one side and restaurant on the other…that is a change of occupancy.  When there is a change from retail to office or office to laundry mat, it is a change of occupancy and specific code requirements apply.   O’Gorman asked if it is possible for Schaeffers to move in and then meet the requirements of the code.  Henry stated that they could not move in without a Certificate of Occupancy, and a C/O cannot be issued until the building meets the requirements.  Agle stated that the code cannot be compromised, but rather than hire a professional, could you (Henry) tell them the issues that need to be addressed and allow them to comply or are you firm on having the plan stamped by a professional.  Henry answered that he cannot perform a code review and instruct the changes, because that would require designing changes into the building; I can only inspect the changes that are made that have been directed by and engineer/architect.  Brawdy asked if the Planning Board could make a recommendation that perhaps we grant a conditional certificate of occupancy and give a 6-month completion deadline and address any shortfalls if they exist?  Henry stated again that under the code, you cannot occupy a building without a C/O and that is not under the jurisdiction of the Planning Board.  O’Gorman asked about a conditional C/O?  Henry stated that there are provisions in the code for conditional C/O’s but they are set in place for i.e:  outside site work such as grass planting, which in this area, cannot be performed in the winter months, therefore the occupant would be granted a conditional C/O and would need to plant the grass in the springtime.    This in no way can be related to the code requirements related to the structure of the premises.  Councilman Walker asked if Henry could walk through and tell Schaeffer to do because he does not want to make any changes.  Henry stated that it is not a matter of want, it could be a matter of have to make changes to meet the code requirements.  The applicant hires the architect to assess the building, then tells the owner what needs to be done in order to apply for a permit, my (Henry) job is to evaluate the plan, do the inspections and then issue the C/O.  But I am not a consultant that goes out and assesses of inventories existing conditions, and gives the applicant the plan.  I only inspect the changes.   Henry stated the time constraints that are placed on the owners involved in these contiguous moves were brought to his attention only during this past week.  Had the interested parties come in sooner, could have directed them of the procedure before this meeting, so that they could have started preparations earlier.   Agle motioned to approve the (3) moves as proposed between the 3 buildings without the need to submit an additional site-plan to the Planning Board provided that all the properties meet the new sign ordinance for the Hamlet Overlay District, that the parking that exists will support those uses as determined by the Planning Board.  Gerard Schwab seconded the motion, carried all Ayes.  Agle directed Mr. Schaeffer to deal with Henry regarding the building permit issues and signage regulations. The Planning Board’s approval only extends to the site, the use of the site and the existing building the associated and parking; but in regard to structural and building code requirements our approval does not apply; that requires the Building Inspectors approval. Henry stated that when Mr. Schaeffer meets with his architect/engineer at the site, with adequate notice, he would attend the walk-through to speed things up. Kristen Haight told Mr. Schaeffer to call her if he were interested in a list of former building inspector/code officials who perform site reviews to determine whether a site is up to code or not.  Chairman Agle asked Supervisor Nellis to pass along the information regarding these moves to Jeanne Chase and or the owner of the building – Dick Minekime.

5.               Vince Vacco – Pre-submission conference:  Proposed Vacco’s Golf Driving Range.   On Eden-Evans Center Road (Derby crossroad) on 38 acres of property.  Vacco submitted a rough drawing of a seasonal, spring through fall, business. Vacco stated that the texture of the grounds will not be changed, it will remain all grass, other than enhancing the driveway and proposed parking lot which will be roughly 100’ x 100’ allowing parking for 20 cars.   Existing trees will be left in place for barriers to surrounding neighbors.  Also, 10’ x 6’ berms are already in place and shrubbery has been planted on the berms.  Boundary line hedge rows have are trees and heavy brush. The configuration of the range provides for ball driving distance of over 300 yards to the nearest boundary lines.  A 10’x10’ or 10’x15’ shed will be erected to conduct business.   A 2’x5’ sign will be erected, which complies with the signage criteria for that area; A “Johnny-on-the-Spot” will be utilized for convenience facilities.  Agle stated that the use is a permitted use within that zone and asked Henry to address the bulk requirements. Henry stated that, an “Outdoor recreational facility” is a permitted use, and according to this rough sketch, looks as though he meets the minimum requirements.  The following are things to consider, under the town code, Non-residential uses be screened from residential uses.  Residential uses are to the south and east and west, and the shrubbery is a good natural screening agent.   Drainage is not an issue, a ditch is in place along the road but rarely has any water in it and no run-off is going to be created.   Agle told Vacco that it is a requirement to submit a site-plan drawn by a licensed architect/engineer.  The only other issue under the code, it is still a requirement to have a dustless/delineated surface, i.e. millings and stripe it or apply to the zoning board for a variance and ask them to waive the requirement as you are 600’ from the road.   Gravel is not considered a dustless surface, but it can be grass as long as it maintains its delineation.  Vacco was instructed by the Board to prepare a site-plan before the next meeting, include all the information that you have presented tonight and the Planning Board should be able to take action on that plan. 

6.  The Town Board has requested a recommendation on proposed Local Law 1-2004 regarding a vacant lot between 2 houses.  The owners wants to build a house but it is zoned GB.  Henry explained that he received a phone call regarding a lot on George Street that is zoned GB.  There is a vacant lot sandwiched between 2 houses and there is not a provision in the code for a single family home.  So absent getting a variance, he contacted Supervisor Nellis, it was agreed that perhaps by Special Use Permit, rather than by right, we could amend the code to allow a single family home to be constructed in the GB zone by Special Use Permit by the Town Board.  Agle stated that the likelihood of being able to site a business sandwiched surrounded by residential properties.    Gerard Schwab motioned that a recommendation be made to the Town Board to favorably consider adopting Local Law #1-2004, Dennis seconded the motion, carried all Ayes.

7. Reappointments:  Gerard Schwab motioned to recommend to the Town Board to reappoint Kevin O’Gorman to another 7-year term and Andrew Romanowski to his 1 year alternate member appointment, seconded by Dennis Brawdy, carried all Ayes.

8. Chairman Agle informed the Board that the Town received a letter from Sam D’Augustino, attorney at law, representing his client in requesting a waiver from the Town Board in reference to the moratorium for issuing permits for telecommunication towers.  His client wishes to co-locate, while the moratorium is in effect.  Agle stated that it was his understanding that the moratorium only applied to new tower applications and not to applications for co-location on existing towers.  Supervisor Nellis stated that the Town Attorney, Bill Trask did review the moratorium and stated that the moratorium applies to all applications, new or co-location applications. 

9. Kristen Haight distributed new drafts of the Telecom and Wind Energy codes.  Agle asked the all the Planning Board review submit written comments to Cathy within 2 weeks so as to forward any changes to Drew for revision so that by the February 5^th meeting so that Board can take action and submit the proposed new codes to the Town Board for their Public Hearing to be held on February 11, 2004.  Cathy’s e-mail address is Cathy @ EDENNY.ORG.   Dennis suggested that the Planning Board read thru the draft and submit in writing any ideas, suggestions, changes; get them to Cathy to forward to Mark.  After Mark reads through these comments, he will decide if a meeting should be held before the next planning board meeting to finish up the proposed code prior to the 2/5/04 meeting. 

REPORTS:   

ANNOUNCEMENTS:

Chairman Agle informed the Board that the Association of Towns Meeting will be held in NYC February 15-18^th and that 2 members of the Board could attend; Chairman Agle and Dennis Brawdy both expressed an interest in attending this conference.

 Agle requested a motion to adjourn at 9:30 PM, Kevin moved, Gerard seconded, carried all Ayes.

Respectfully Submitted

Catherine A. Swiech

The Next Meeting will be held on Thursday,  February 5^th, 2004.