Mark Agle Kristin Haight, Town Engineer

Gerard Schwab Ron Zimmerman

Bill Zittel Jerry Schwab, E. U. Methodist Ch.

Juanita Majewski Pat O’Brien

Kevin O’Gorman Karen Sawicki, Curves for Women

Excused: Liasions

Dennis Brawdy Edward Krycia, Jr., Councilman

****************************************************************************************************

Chairman Agle called the June 2, 2005 Meeting of the Eden Town Planning Board to order at 7:30 PM. Agle requested a motion to approve the May 5^th, 2005 minutes as written and submitted, so moved by Jerry Schwab, Bill Zittel seconded, carried all ayes.

NEW & UNFINISHED BUSINESS:

Ron Zimmerman – Change of use for Curves for Women, 8408 N. Main St. Agle stated that the previous site plan review for this location was for ½ of the building and one of the conditions of the site plan approval was that when the remainder of the building would be occupied, Mr. Zimmerman would need to submit a revised site plan for review/approval. Dr. O’Gorman stated that he recalled a planter box in the northeast corner of the property on the original site-plan and to date that box had not been installed. After review and discussion of the original, approved site-plan, the Board determined that Mr. Zimmerman was to a planter box perpendicular to the sidewalk as part of the original site-plan approval. Mr. Zimmerman voiced his objection stating that he has spent a lot of time, effort and money on this property and that he didn’t feel it is necessary. Dr. O’Gorman stated that green space is essential to the look of the Town and that we are not singling you out; every business that has come before us has had the same requirement. Agle asked Zimmerman if he would consider placing the planter box, and if so he would be he would be ready to offer a motion to approve the site-plan for Curves. Zimmerman replied that he would erect a planter box. Agle stated that the plan indicates the parking schedule which shows 10 spaces for Curves. Karen Sawicki indicated that 10 spaces would be more than sufficient for her cliental. Zimmerman said that he would like to pave the rest of the lot. Kristen mentioned that if more paving is done, drainage could be an issue. Zimmerman stated that dry-wells are in place and adequate for additional runoff. Kristen asked if anyone has approved the drainage on this project. Agle stated that Drew Reilly had suggested the dry-wells for that purpose. O’Gorman stated that to his knowledge, there has never been a drainage issue in this area. Zimmerman stated that there would need to be 2 ½ feet of water before his property would flood anyone as there is a bathtub like collection in the rear of the property with a berm that would stop the flow of water to surrounding areas. Zimmerman stated that he only wants to pave a car-length area around the building so that the clients can exit their vehicles on a solid surface; the surfaces are currently all pitched toward the drywells. Agle stated that the code requires a dustless surface that can be delineated. Site Plan Fee Waiver was discussed based upon the code provision that if an entire site plan had been reviewed and approved that originally contemplated the additional use and the applicant is attempting to finalize the plan to accommodate the additional use, then a site-plan waiver for fees could be applied. Agle motioned to approve the amended site-plan as submitted with the following conditions:

1. That this submission be eligible Site-plan waiver is applied pursuant to Code Section 225-30, the applicable fee of $150.00 (to be verified) be paid;

2. The original site-plan indicated a plantar box perpendicular to the sidewalk in the northwest corner, that is to be installed parallel to the sidewalk in the first parking space.

3. The rear parking area shall meet code by being a dustless but permeable surface to facilitate drainage.

And a negative declaration under SEQR,

Bill Zittel seconded the motion, carried all ayes.

Jerry Schwab, representative for the Eden United Methodist Church, site-plan indicates a garage 24x36 and a proposed octagonal gazebo in the future. Agle stated that the Board reviewed a site-plan for an addition at the Church approximately 1 year ago; therefore this site-plan review waiver under Section 225-30 could also apply if the plan is in general conformance of previously approved site-plans and minor changes deemed by the review committee. Agle stated that this plan meets all of the bulk requirements, for accessory uses in the zone, such building shall not exceed 15’ in height, such building shall be set back 5’ from any property line, all such buildings in agrate shall not exceed more than 10% of the area required in the read or side yard shall not project nearer the street than the original building, stormwater considerations it has to result in less than 5000 sq ft of impervious surface. The rational for referral to the Planning Board is that the Planninb Board must determine whether or not a full site plan review or if we can consider a site-plan review waiver. Bill Zittel motioned to approve the site plan as submitted, with a negative declaration under SEQR, Kevin seconded, carried all ayes, Jerry Schwab abstained.

Pat O’Brien - Irish Pub, 8557 N. Main Street. Agle stated that an approval was given for the Pub several months back, that approval was pretty much limited to the parking issue since the bulk of the work was being kept within the footprint of the existing building. Our review process for the site-plan was change of use, parking, greenspace coverage. Now the O’Brien’s wish to slightly expand the building footprint to accommodate handicapped facilities. This change in the footprint of the building increases the site coverage area which is under the jurisdiction of the Zoning Board of Appeals (ZBA) and the O’Briens will be seeking relief from the ZBA at the end of the month. Agle asked Pat what is the current status of the parking issue; whether or not the neighboring lot was purchased. Pat stated that they did indeed purchase the neighboring lot to be used for parking as well as a covered patio at some future date. Agle stated that he spoke with Supervisor Nellis who stated that he had discussed with you and neighboring businesses about the concept of a Municipal parking lot. Agle stated that the first site-plan review revealed that there was absolutely no parking on site but that Pat assured the Planning Board that he had discussions with the neighboring businesses and that they agreed to shared parking and off-hours etc. The Planning Board made their approval based in good faith on those assurances as generally we require signed agreements. As an FYI, Agle told Mr. O’Brien that he received a letter at home from one of the neighboring businesses and other area business owners came to a subsequent meeting to voice their contention that they had no such, discussions regarding parking with O’Brien nor had they agreed to any such arrangements. They expressed concern that we granted approval (in regard to the Parking) without signed letters of agreement. Agle stated that he personally felt bad that the Board’s action may have created neighbor conflicts and that going forward, I want to ensure that there will not be any other such misunderstandings and that everyone knows what the parking arrangements will be. Agle also stated that Supervisor Nellis informed him that there is a grant pending that may allow paving to expand current parking facilities for public/municipal use which may provide a solution, or at least relief, for our parking shortage. Agle asked O’Brien what work the current sketch submitted for tonight includes? O’Brien stated that they wish to knock out a wall to expand the restrooms to allow for handicapped bathroom facilities. O’Brien stated that he had a slide presentation if the Board was interested in viewing it. Agle stated that may be necessary for the ZBA but not for us at this point. Kevin O’Gorman motioned to approve contingent upon getting zoning relief necessary from the ZBA for compliance with the coverage ratio requirement. Bill Zittel seconded the motion, carried all ayes. O’Gorman stated that when you are working with older buildings such as this, we need to be flexible, otherwise, it will be abandoned or bulldozed down

Agle added one more order of business, he received a request from Supervisor Nellis and the Town Board for a recommendation regarding the addition of 1 item to the General Industrial Zone to allow junkyards in the zone. Scott Henry’s memo to Agle explained that in all the bulk zoning requirements, rather than restating everything permitted in the next zone, they always go back to the referring zone and everything is permitted and then additional use as the requirements get less and less. The exception to that basic rule is in the GI Zone. The PI Zone is the referring zone and the PI allows everything including junkyards, however when you read GI which is the zone, the last use cited in the PI Zone; junkyards, it is omitted. If added to the reference, Junkyards would be by Special Use Permit by the Town Board. The party making the request of the Town Board is seeking this change because of unlicensed vehicles used in their business shich are located on Derby Road in the GI zone. If junkyards were allowed, the Town Board could then consider the unlicensed vehicles under “junkyard” status and refer it to us for site-plan approval prior to issuing a Special Use Permit. Bill Zittel commented that someone could build a home in this zone, but then could allow a junkyard in the zone. Ed Krycia thought the he remembered rezoning this area to allow Violanti’s to build a home there several years back. O’Gorman stated that he does not see a good reason to modify the existing code to allow for junkyards. Juanita Majewski agreed stating she was on the committee and that she seems to remember leaving it off for a reason. O’Gorman motioned to recommend to the Town Board to leave the zoning intact on this matter, Bill Zittel seconded, carried all ayes.

O’Gorman stated that this item was not on the agenda. Agle stated that Kevin is correct For the record, Supervisor Nellis had 2 items that he wanted us to add on. One item Agle agreed to and one item was denied. The distinction is two-fold. The Supervisor asked us for a recommendation, but note that it did not require public notice because is it only a recommendation, it is not an action on our part and therefore Agle agreed to add this item to the agenda. The other item would need to be published on the next agenda.

DISCUSSION:

Creative Zoning for East Eden. At the May 2005 meeting, Drew Reilly submitted a “Traditional Neighborhood” code (TND) that was written for Clarence Hollow and distributed to the Eden Planning Board to review and use as an example of what could be done to replace the LB in East Eden and a small area near the North Collins town line area. Agle stated that the Board just recently received this code in this months’ packet and discussion would be tabled until the entire Board had the opportunity to review and comment at the July 2005 meeting. O’Gorman wanted to note that in this code he found a discrepancy in the use of metal paneling; in one part it states that it can be used, and in another part it states that metal paneling is prohibited.

Jerry Schwab asked if, as a Planning Board member, he should be noting potential violations in the Town? For example, on Sandrock, there are a few lots for sale, they appear to be flag lots, which I was under the impression were not allowed in Eden. Agle stated that if they were pre-existing lots, they can be sold, however they would not be able to create new ones. Agle stated that if it is an existing lot of record, it is allowed. There is a provision in the code, remember as a Planning Board, we had to approve at the end of Mary Drive and Combs Drive, that allows us to work through that on a pre-existing lot with less than the required road frontage. What is the alternative, you would be left with undeveloped lots. O’Gorman stated that sometimes when people are creating subdivision, they create these left over lots that do not meet the frontage requirements. Then years later after everyone has forgotten that they created their own hardships, they resurface for approval. Krycia stated that those points should be brought up at the time of subdividing. Kristen stated that any remaining land must be subdividable, and has to be an approved building lot OR has to be contiguous with a building lot; Agle stated that also a ZBA variance would be an option. Juanita added that some lots that pre-existed the adoption of the code, therefore they are approval. However, we do not allow new ones.

ANNOUNCEMENTS:

Kevin announced that just as an FYI, Camp Mary Glen is for sale.

Kristen announced that she may not be at the meetings in the future, as she is now only part-time at Wendel. The Board thanked Kristen for all her help and wished her luck with all her future endeavors.

ADJOURNMENT:

Agle motioned to adjourn, Bill Zittel seconded, carried all ayes.

Respectfully submitted,

Catherine A. Swiech


	Upcoming Planning Board Agenda Planning Board Minutes (Planning Board Meetings are usually held the first Thursday of every month;)