FINAL
Eden Planning Board
Minutes of Meeting
May 6th, 2004
Guests:
Members
Present: Councilman
Ed Krycia
Mark Agle Scott
Henry, Building Inspector
Anthony Weiss Kristen
Haight, Town Engineer
Gerard Schwab M/M
Smalling
Excused: Don Nowak
Dennis Brawdy Kevin
O’Gorman Don
Schreiber
William Zittel Mr.
Thorsell, Senior Housing
Juanita Majewski Pierre
Wallinder, Architect
Andrew Romanowski, Alternate Mike
Bolo
Absent:
______________________________________________________________________
Chairman Agle called the May 5th,2004 Meeting
of the Eden Town Planning Board to order at 7:30 PM. Until a
quorum is met, Chairman Agle discussed topics on the agenda that did not
require any actions/motions by the Board.
NEW & UNFINISHED BUSINESS
1. PRE-SUBMISSION - Deb Smalling – Proposed Coffee Shop –(building was previously used as “Pig and Ox Roast”) Main Street; the area is zoned GB. Agle stated that is would be a permitted use
in the zone. Currently the building is
being use for storage by the Kazoo Factory.
The Smallings have been in negotiation to
purchase part of the rear portion of the property to add to their adjacent
residential property that fronts on First Street. This would
be considered a minor subdivision of the lot.
Kristen stated that if you purchase all of the property, it would not be
a subdivision but rather a lot-line revision.
The Smallings stated that they were unsure if
they were indeed going to purchase the entire property. Scott Henry stated that he advised M/M Smalling to attend the PBMeeting
to seek out information regarding the potential of not meeting hamlet overlay
requirements in regard to adequate parking in their future site-plan
submission. Agle stated that they may
want to address the business aspect first, and then if all of the property is
not required for compliance with the Zone requirements for the business use,
then pursue the lot-line revision to the residential property. Agle advised the Smallings
to submit a site-plan, indicating parking, access (ingress/egress); a checklist
is available in the Zoning Book and is also available from Scott or Cathy. Deb asked if there had ever been a gas
station on the premises? Mr. Nowak interjected that there was indeed a
gas station in that proximity. Kristen
told the Smallings that if they were to secure a loan
from the bank, they would require a Phase I (an environmental investigation
entailing a record research of the property that would reveal if there actually
was a gas station on the property); then a Phase II may be required. Deb asked what the parking requirement
would be? Henry
stated that it is varied depending upon the number of employees on duty at any
given time, tables to be serviced, etc.
The parking lot must be a dustless surface that can be delineated. Kristen stated that only 80% of the lot
could be covered with an impervious material leaving 20% as greenspace
in the GB zone.
1. Phil
Thorsell – Pre-Submission: Senior Housing Revisions. Mr. Thorsell
developed a new concept for the layout of the Senior Complex, utilizing a
cluster approach, including 6 units in each cluster x 4 clusters equaling 24
units, adding a clubhouse and a picnic grove, as well as, a Medical Clinic in
the forefront of the development. Mr. Thorsell was requesting feedback from the Board regarding
his new concept. Mr. Henry stated that a
site plan superimposed onto a zoning map indicating the zoning boundaries (2 in
the immediate area) must be submitted in order for the Board to
review/discuss/and advise. Chairman Agle stated that from the last time
Mr. Thorsell presented a pre-submission, the Board
indicated that there would be a favorable interest in this Housing Project but
that a site-plan, as Mr. Henry stated, would be necessary in order to make
informed decisions. Please refer to the
checklist in the Zoning book as to requirements for a site-plan submission. Agle stated that the Town of Eden’s cluster
plan requirement was set up to be utilized in connection with the sub-division
of land into lots and not the buildings within the lots, therefore our Code for
clustering might not be applicable to your particular cluster development.
2. Don Schreiber: Mini-Self Storage: Chairman Agle reviewed the original site-plan
approval and confirmed that it was for Mini-storage lockers and therefore it
was presumed that all the storage, office building, and a contractor building
would be enclosed. However, there is
currently a sign in front of the mini-storage that is advertising outdoor
storage, which was not part of the original approval; so now, what is your
intention? Schreiber stated that in
regard to the visibility of the outdoor storage area along the fence line is a
low visibility area for passers by. The
view is blocked by the bowling alley building on one side, and by the other
buildings on the premises from the other direction. Furthermore the property naturally drops off
so it naturally has a lower point of visibility. Agle asked Schreiber whether he would be
erecting the building in the forefront or the alternate site-plan with the
berms by the deadline date for action, which would be December 2004. Schreiber stated that profitability is a
concern, and that he does intend to erect the building when it is
feasible. Screiber added that one of the
requirements of the outdoor storage is that it must be a NYS registered
vehicle, i.e.: licensed RVs, boats, and
trailers. Gerard Schwab asked if this
idea was an after thought? Schreiber answered no, that it had always
been part of his intention; Schwab asked why the Board was not informed about
it from the beginning. Schreiber stated
that the original plan did have parking indicated, but it may not have been the
design that was submitted. Schreiber
submitted photos from and around the Town indicating some problem areas where
people are parking their equipment on their properties and creating an eyesore
in their neighborhoods; he added that his outdoor storage might actually help
to eliminate some of these neighborhood problems. Agle stated that since we did not receive the
revised site-plan until today, we will table this discussion until all the
members of the Board receive copies and can comment on the subject. This topic will be placed on the June
Planning Board Agenda for discussion.
Schreiber commented that the approval for this use is granted under a
special use permit that is renewable annually, so in the event that there are
problems or issues, the Town Board has the power to take whatever action they
feel necessary. Agle stated that it is
likely that the Town Board would request a recommendation from the Planning
Board to amend the site-plan approval.
3. SONNYBROOK Phase III update: Schreiber stated that the Town is working
diligently to meet the Water Authorities requirement to construct the Violet
Street Pump Station which must be completed before any other water supply will
be approved for the Town. In light of
that, the Sonnybrook project is on hold until water
is secured and then the Department of Health would be able to give their
approval for the development. Agle
stated that an extension was granted a 6-month extension to Schreiber extending
the 1-year site-plan approval deadline for the Sonnybrook
project.
4. DON
NOWAK: Special Use Permit: Scott
Henry stated that Mr. Nowak (or tenant) is currently parking trailers and
operating a sales/lease of trailer business on the property. This is a permitted use in the zone by a
Special Use Permit of the Town Board. A
site-development plan must be submitted to the Planning Board for approval and
a recommendation to the Town Board for the Special Use Permit. The site-plan for the “CURVES” business is
probably adequate as drawn except for the fact that it would need to be
modified to represent the area of the lot usage dedicated to the trailer
sales/lease operation. Mr. Nowak stated that the sales/lease office is only a
small portion of the building and the tenant is allowed to park only 10 trailers
on the corner of the lot. Mr. Nowak added that there are no employees on-site
on a regular basis, trailer sales occur by appointment only. Agle stated that the revised plan needs to
indicate how much of the lot is dedicated or reserved for this use, because if
other uses are developed for the remainder of the building, we need to have a
hard copy indicating how much is available for future use. Agle asked if Mr. Nowak could have a revised
site plan to Scott before the May 26th Town Board meeting? Mr. Nowak replied that he could. Agle also asked Nowak the status of the
landscaping as required by June 1st, 2004 under the prior site plan approval. Nowak stated that he still plans on doing it
but it may not be done by June 1st.
He said he hoped to have a contract signed soon and then work would
start after that. Agle asked if he could
have a contract signed by the May 26th Town Board Meeting. Mr. Nowak replied that he believed he
could. At this point, Chairman Agle
reached Dennis Brawdy via telephone to create a quorum and take action on this
agenda item. A motion was made by
Chairman Agle to recommend to the Town Board to grant the Special Use Permit
for Mr. Don Nowak to operate a trailer sales business provided that:
a. That Mr.
Nowak submit a revised site-plan to the Building Inspector, prior to the Town
Board meeting on May 26th, indicating dedicating space
(approximately 2000 square feet) solely for the above mentioned use;
b. Mr. Nowak
must provide evidence of a signed contract to perform the landscaping; (A
requirement of the original site plan approval)
c. The Special Use Permit should be renewable
annually.
Gerard Schwab seconded
the motion, carried all ayes. Councilman
Ed Krycia, Planning Board liasion
to the Town Board stated that his recollection of the meeting was that the last
special use permit was contingent on the landscaping
and that he would be sure to reiterate that fact at the Town Board Meeting when
this topic is addressed.
Chairman Agle recognized Mike Bolo who commended the
Chair and the Planning Board for being specific and enforcing the
requirements. Agle thanked Mr. Bolo and
stated that we are just doing what is asked of us and we will continue to do so
within the guidelines of the Code.
5. MROZ PROPERTY Minor Subdivision
application: Jeff Magavern,
Attorney for M/M Mroz, Mr. Joseph Violante
is the purchaser of the lot and the transaction is contingent on minor
subdivision approval. Chairman Agle stated
that the reason the Minor Subdivision Review Committee referred this
application to the Planning Board was to give the Planning Board members an
opportunity for in-put in regard to this property because of its prime location
within the Town for future development, be it business or commercial
development it was felt that the full Planning Board should be involved in the
review. The area being discussed is
primarily is zoned GB, with a corner of the property zoned AG. The proposed lot sizes do meet the bulk
requirements and under the Master Plan, it is in the transition overlay area.
Mr. Agle stated that by selling off the lots along Rt. 62, it leaves the
remaining 20 acres accessible only by a small ingress/egress via Shadagee, which has a very close proximity to the Rt.
62/Shadagee intersection. When Mr.
Violate was in for a pre-submission conference, we did discuss the issues of
traffic control. Kristen suggested that
it might be a good idea to leave an easement adjacent to the property lines for
a future sewer connection. Tony Weiss
asked where exactly the proposed “Senior Complex” (see item No. 1 of these
minutes) ingress/egress would be in proximity to the subdivision lot
ingress/egress. Agle stated that has
been a concern throughout the discussion and must be taken into
consideration. Ideally, we would like
to see the 20-acre lot retain a fee owned strip of the property, (reducing the
size of the 200’ x 300‘) lot or at the least an access easement reserved
together with an easement for utility service off Main Street. Our goal with respect to this subdivision
plan is to ensure that it supports the Master Plan. One of the purposes of the subdivision
regulations of the Town is to guide the future growth and development of the
municipality in accordance with the Comprehensive Master Plan of the Town. Since Shadagee is a
County road, Agle asked Kristen what the County requirement for a secondary
intersection tying in approximately 300’ from an existing T intersection,
especially when the potential of a 20-acre parcel development could create
heavy traffic? Kristen stated it is a
concern and she would follow up. Tony
Weiss stated that we should table the discussion until the Senior Complex
site-plan is submitted and determinations can be made regarding the
ingress/egress location. Jeff stated
that he would convey the Planning Boards concerns to the interested parties and
make suggestions to accordingly reconfigure the lots to benefit future
development. Scott Henry stated that
according to Code, access to parking areas with 20 spaces or more require 2-10’
lanes for egress/ingress, adding that 25’ would be preferred. Also adding that a conforming lot on Main Street requires a 150’ frontage, therefore if a 25’
easement is granted then the remaining lot would adequately comply at 175’
frontage. Jeff asked the Chairman if he
could get the amendments approved, would the minor subdivsion
application have the recommendation of the Planning Board?
Agle stated that this is a minor subdivision application at this time and we
will again have additional site plan review opportunities when new uses are
proposed. The 3 members present
indicated that they would support approval if the lot modifications were made,
however, he wouldn’t speak for the remaining members of the Board. Jeff stated that he would up-date Scott as
things proceed.
PRE-SUBMISSION: Don Braasch, 7339 Southwestern Blvd. (Proposed changes). No Show.
REPORTS: None
ANNOUNCEMENTS:
ADJOURNMENT:
Chairman Agle moved to adjourn, Gerry Schwab seconded,
carried all ayes.
Respectfully Submitted
Catherine A. Swiech
The Next Meeting will be held on Thursday, July 1st, 2004 at 7:30 PM
