FINAL

Minutes of Meeting March 28th, 2006

Members Present:
Mark Agle
Jerry Schwab
Juanita Majewski
Tony Weiss
Kevin O'Gorman
Andy Romanowski
Bill Zittel

Absent:
Dennis Brawdy
E. Krycia Jr, Councilman

Guests:
Drew Reilly, Town Engineer
Scott Henry, CEO
Vince Vacco, Councilman
Brian Leonard-Nowak Bldg.
Don Braasch
John Roberts Salon

Absent:
Dennis Brawdy
E. Krycia Jr, Councilman

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Chairman Agle called the March 28th, 2006 Meeting of the Eden Town Planning Board to order at 7:30PM. Agle requested a motion to approve the February 28th, 2006 minutes as amended and submitted, so moved by Bill Zittel, Kevin O'Gorman seconded, carried all ayes.

NEW & UNFINISHED BUSINESS:

Chairman Agle made an announcement that the Public Hearing that was scheduled for tonight regarding the Lake Tim Tam Subdivision, developer John Bosse, has been suspended until further notice. Drew stated that there were several issues: (a) Mr. Bosse heard from the County that he needed to extend the sewer and (b) there was a secondary issue undisclosed.

Brian Leonard - Pre-submission 8259 N. Main Street (Nowak Building)-Landscaping/Tree Service. Mr. Leonard stated that he is under negotiations to purchase the building. Mr. Leonard stated that initially he would like to occupy the space for his Tree Service/Landscaping business, storing/repairing equipment in the back and office space up front, with mulch bins outside; and in the future he would also like to have multiple uses on the premises, including retail. Agle stated that under the Code, the use that most closely describes the proposed use is "building supplies/lumber sales" and this would require a Special Use Permit to be granted by the Town Board. First you would need to submit a detailed site plan. Several site plans have been submitted for that property already. Leonard stated that his architect is currently working on the site plan. Agle stated that there is currently a business occupying a portion of the building and will need to be addressed. Leonard stated that it is a 1-year lease on the pet supply store and he intends to continue the lease. Agle stated that his point is that if there are going to be existing uses in the building in addition to your use, make sure you differentiate and delineate those on the site plan. Leonard stated that Mr. Nowak is under contract and cannot pursue any other businesses at this time. Mr. Leonard stated that purchase of the property should be completed within 3 months. Leonard stated that his architect is drawing a current proposal as well as a future proposed site plan. Agle stated that the current approved site plan for the pet supply store has 8 parking spaces dedicated for their use. O'Gorman asked Scott if this was "same use". Scott stated that it is not; it is a change of use. Leonard thought that this area was rezoned. Agle stated that it was not; The Pet Store is allowed by right in the zone and the Trailer Sales was by Special Use Permit by the Town Board. The issue that will be a trigger for you is the proposed use and whether that use falls under a use permitted by right. If not, it will likely require either a zoning variance or a special use permit. In order to proceed with the uses you discussed, you will need to petition the Town Board for a Special Use Permit. They will then refer the matter to us for a recommendation on said use. With a favorable recommendation from us along with an approved site plan, the Town Board would schedule a public hearing, then make their determinations as to whether or not to approve your Special Use Permit. They may also attach certain requirements/conditions to the Permit. Drew suggested that if you are going to consider other business entities, you may want be all inclusive in your special use permit request rather than to need to come back in 6 months and go through the entire process again. Agle advised Leonard to submit a floor plan to Scott and address any building issues with him. Drew stated that the Planning Board will want to see all outdoor storage and screening of that storage shown on the site plan. Also show on the plan, the allocation of parking lot space to be dedicated to outdoor equipment sales. Reilly stated that the deadline for submission for the next April 25th Planning Board Meeting is April 11th. Reilly asked for a letter of commitment from Mr. Nowak. Scott stated that he received a letter from Mr. Nowak. Mr. Leonard asked Scott how soon he could receive a Building Permit; Scott stated that for the change of windows, etc. he could issue a permit. Vince Vacco remarked that Leonard may wish to wait to invest any time/money until after the closing on the property. Leonard stated that he thought he could get his plans in by tomorrow. Cathy stated that she would need the site plan and the special use permit request to present to the Town Board for the referral to scheduling a public hearing.

Kim Whitney - presubmission for Nowak building. Not present.

Don Braasch - Pre-submission- 7431 Southwestern Blvd. Agle stated that there are a couple issues to address on this site. First, is the storage of construction equipment on the site and site improvements. Dave Braasch introduced himself stating that he was representing his father Don. Scott gave background information stating that he continues to receive complaints regarding some of the uses of the property and clearing of land on that property. The site clearing activity is approaching the neighboring residential areas. Prior to the clearing, the vegetation acted as a screening to the adjoining residential property. Agle asked, what exactly is the proposed use for the property. Braasch stated that they don't have any concrete plans but they did send a pre-submission form regarding proposed Mini Storage. Dave said that he has heard that mini-storage units are not very popular; Juanita stated that it depends on where they are located. Drew stated that it falls under a Special Use Permit. There was a change to the GB Zone allowing mini-storage by Special Use Permit in 2003. Scott felt that the Town Board may have intended to amend the PI Zone to reflect self-mini-storage as well. Dave stated that they currently store crushed concrete but they might as some point need to crush concrete on site as Riefler's had allowed them to perform this service in the past, but it is unknown if Riefler's will be operational in the future. O'Gorman asked why they need a permit to store crushed concrete there if Mr. Violanti doesn't need a permit on Main Street? Scott stated that Mr. Violanti is bringing fill to develop a building site. Mr. Braasch is running a commercial business. If Mr. Violanti was performing business operations such as making, storing, shipping and selling crushed block and stone, then he would also need to follow proper procedure. Mr. Braasch needs to submit a site plan indicating the extent of the expansion of use so that it can be determined if the related clearing of the wooded land presents any screening issues to the residential area. Bill asked if Scott considers what is left thereto be adequate screening? Scott stated that the answer is not his call, but rather the determination of the Planning Board. Scott stated that a plan should be submitted that indicates the existing operation and future development so that the Board can make that determination. Agle asked if they have the current clearing represents the extent to which they are going to clear or will there be more clearing? Dave said that he thought they were done although he can't speak for his Dad specifically. Drew stated, just because you have an approved use on a parcel, it doesn't give you the right to expand that use throughout the entire property. That is why Scott has sent Mr. Braasch to the Planning Board. They are changing the use of the site through the expansion. If they are going to occupy more of the property, they need to submit a simple site plan depicting that expanded use for approval. That is also an effective tool for Scott to do his job….insuring conforming uses. Agle reiterated that a site plan should delinate the extent you intend to do future clearing, and what uses will be on the property and where. Then we can determine whether or not the screening is adequate. Drew asked how long the business has been on the property. Dave answered just a couple of years. Drew stated that we should have an approved site plan on this property but we don't. At a prior meeting the Planning Board gave your Father direction to prepare that site plan, but he never returned. Agle stated that it was his recollection that 2 parcels comprised the site and there was a proposed building was going to straddle the properties. Scott stated that was the case but that particular plan never came to fruition. Agle gave Dave a site plan review sheet to use as a reference to assist him in the preparation of the site plan. Cathy will send minutes of that prior meeting that Mr. Braasch attended where he was given direction. The second issue is unlicensed vehiles on the property. Scott stated that in regard to the unlicensed vehicles on the property, the law permits 1 unlicensed vehicle on a parcel; however if you have a vehicle repair shop and you strictly applied the law, you likely couldn't operate your business. You need to look at the use, it may be reasonable to say that you could treat 4, 5 or 6 of those vehicles as construction equipment, then the 1 per parcel would not apply in this particular case. What you will want to do is limit the number and where they can be stored on the property. Preferably, they won't be lined up along the street but rather try to screen them from view in some way. Agle stated that you should indicate on the site plan the number of unlicensed construction vehicles and indicate where on the site they will be stored. Dave stated that for some time there were many unlicensed vehicles stored at the site, but they were the property of Mr. Caldwell and the Government had a lien on them and therefore they were not allowed to dispose of them. They have since cleaned up a number of them.

Mr Sandy Ferrucci - Mr. Ferrucci was not present to address this property. Scott gave an up date on the property. Mr. Ferrucci has been non-compliant for 2 years (June 2004). Agle stated that in June of 2004 Mr. Ferrucci stated that there were some outstanding issues regarding DEC determinations and that the property sale had not yet gone through. At that time we directed the applicant that we would need them to submit a site plan indicating all of the uses and where on the site they would be confined. This issue needs to be addressed and Scott will follow-up with the appropriate actions to bring Mr. Ferrucci into compliance.

M/M Wilder -8533 N. Main Street - Site Plan submission John Roberts Salon- Andy Romanowski representing the Wilders. Agle stated that at the last meeting we reviewed the preliminary plan. The main issue was parking. The record indicates that there would not be new employees and the use would not change, and that they were just expanding the area. Mark asked if that remained the same. Andy stated that is was the same. The last approved plan for this property indicated 4 employee parking spaces. This current plan indicates 9 on-site parking spaces which should be adequate for the proposed use. Agle stated that the only issue that he can see is the side yard clearance should be 10' and the plan indicates 7'. Andy stated that they will either petition the Zoning Board for a variance or they will shift the addition slightly to obtain the necessary clearance. Kevin motioned to approve the site plan contingent on obtaining relief from the Zoning Board of Appeals or altering the plan to meet the required side yard setback, seconded by Bill, carried all ayes. Drew stated that for the record it is a Type II action under SEQR. Juanita asked about the commitment of parking spaces from John Roberts to the Irish Pub. Agle stated that there was a discussion about allocating some parking during off-business hours to O'Brien's but that the O'Briens have since purchased the adjoining property and that they likely have solved their parking problems.

Agle stated that the Sonnybrook Phase III extended approval is due to expire. Bill Moved to extend the approval for an additional year, Juanita seconded, carried.

ADJOURNMENT:

Kevin moved to adjourn the meeting, Andy seconded; carried.

Bill Zittel motioned to close the meeting, Dennis Brawdy seconded, carried all ayes

Respectfully submitted,

Catherine A. Swiech