FINAL
Eden
Planning Board Meeting And Public Hearing Minutes
September 2, 2004
Members
Present: Guests:
Mark Agle Scott
Henry, Building Inspector
Kevin O’Gorman Drew
Reilly, Town Engineer
William Zittel Linda
Meyer
Gerard Schwab Don
Schreiber
Excused:
Richard Minekime
Juanita Majewski (Residents,
as listed)
Dennis Brawdy
Absent:
Andrew Romanowski, Alternate
Anthony Weiss
______________________________________________________________________
Chairman Agle called the September 2, 2004 Meeting
of the Eden Town Planning Board to order at 7:30 PM. Agle
requested a motion to approve the August 2004 minutes as amended, so moved by
Bill Zittel, seconded by Gerard Schwab.
NEW & UNFINISHED BUSINESS:
Linda Meyer 2761 West Church St.: Change of use request to change a residential
lot into a parking lot to be used by adjacent office building. Scott Henry gave background information
stating that there was once a single family dwelling occupying the lot. The Meyers secured a permit to demolish the
dwelling and they now wish to convert the vacant lot into a 7or 8 space
commercial parking lot as an accessory use to the doctor’s office. About 4200 sq. ft. of
impervious surface and proposed landscape and screening. Chairman Agle asked Ms. Meyer if the lot will
be striped? She
replied yes, also stating that as indicated, there will be a handicapped
accessible spot and ramp. The entrance
of the parking area will be changed to accommodate the location of the
telephone pole and allowing a safe entrance onto the ramp. Chairman summarized by stating that this
proposed plan does meet the code, indicating delinated
spaces, buffer/screening from the neighbors, drainiage
is exiting through perforated pipe to the rear of the lot into a dry-well and to the perimeter greenspace. Kevin O’Gorman motioned to approve the change
of use, Bill Zittel seconded, carried all ayes.
Drew Reilly directed Ms. Meyer to forward a copy of the paving plan from
the contractors to Scott Henry.
Don Schreiber Site Plan Re-review
of Self-Storage Outdoor Storage:
Chairman Agle stated that the Town Board approved the Schreiber
Mini-Storage Special Use permit at the last meeting with the inclusion of the
outdoor storage and a proviso that it would be reviewed on an annual basis and
could be removed at that point in time.
They referred it back to the Planning Board because one of the
conditions of a special use permit is an approved site plan by the Planning
Board. The Planning Board did approve
the original site plan which did not include outdoor storage. Since the Town Board has already granted the
Special Use Permit we need to approve a site plan showing the outdoor storage
areas despite our previous objections.
Our previous recommendation is on the record from the June 3rd, 2004 Planning
Board Meeting and stated the following:
After
extensive discussion by the Planning Board, a Motion was made by Jerry Schwab
to recommend to the Town Board not to allow Mr. Schreiber to amend his
Special Use Permit to allow for outdoor storage and that the Special Use Permit
should stand “as is”. Concerns of the
Planning Board are:
a)
Original Site Plan approval by the Planning Board was
for the construction of public mini-storage buildings, an office building and a
contractor’s office building.
b)
The only additional future use shown on the approved
site plan by Mr. Schreiber was for the construction of possible future
mini-storage buildings.
c)
Outdoor storage is out of character for the
neighborhood and it will create an eyesore, particularly due to the fact that
it is not sufficiently screened.
Kevin
O’Gorman seconded, carried all ayes.
And as part of the original
conditions of the Special Use Permit recommendation, either the contractors
building or the berm must be in place before the next
issuance of the Special Use Permit in December 2004.
Chairman
Agle motioned that despite the prior recommendation of the Planning Board, the
Town Board has granted the Schreiber Special Use Permit which includes the
purpose of outdoor storage for registered vehicles at the self-storage
facility, this permit was granted with the provision
that such approval can be revoked at the time of annual special use permit
renewal. Therefore Planning Board hereby
approves the amended site plan submitted by Mr. Schreiber that depicts outdoor
storage area for approval of outdoor storage.
Zittel seconded the motion. Agle under discussion,
stated that the special use permit does not supercede the previous requirements
to have the berm or the building erected by December
of 2004. Agle asked Mr. Schreiber if he
understands that one or the other must be fulfilled by December? Mr. Schreiber stated that he understood. Zittel asked if the depiction of the 24
spaces was accurate?
Agle stated that was correct. The 24 spaces along the west property line. VOTE:
2 ayes, 2 nays. Motion did NOT PASS.
7:45 PM – PUBLIC HEARING
Chairman
Agle opened the Public Hearing for Dick Minekime’s
request for Evelyn
Drive and
Beverly Avenue Major Subdivisions. Drew
Reilly gave an overview of the Major Subdivision review process to the
residents in attendance, stating that this stage is a very important one. The SEQR process assesses the environmental
impact to the area and this public hearing is used to incorporate the publics’
concerns regarding health and safety issues.
The Planning Board does not want to make decisions until we hear from
other agencies and the public before approval can be given. This is the second step of a 3 step process. We have already received 2 letters from
outside agencies. The State DOT made no
comment. The DEC, however, raised some
issues. The secretary read the letters
into the minutes. (See Attached). Agle
noted that the area that this subdivision is planned is zoned for this type of
development. It is contemplated in the Town’s Master Plan as
being targeted for this type of development.
Agle opened the floor for questions.
Russ Barton, 2636 W. Church Street, operator or Church Street Farms. Works the
land and agrees with the DEC in regard to high water table and drainage
issues. Cleans the drainage ditches
every 5-7 years and they are always over loaded.
Lawrence
Kotarski, 2569 Beverly: What type of homes will be built? Minekime stated
that the area is zoned for single family or duplexes. The lots that are currently laid out are
mostly single family sites, however the lots that are
150’ wide could accommodate duplexes.
There is no legal reason that someone couldn’t build a duplex on those
lots. However at this time, Minekime has no intention of building duplexes.
Laura Dempsy,
8175 Schreiner: Concerned traffic
patterns. Agle stated that he couldn’t
speak for the Highway but obviously there would be increase traffic on the
road. Under a previous study for another
planned development, input from the County and Town
Highway superintendents stated that the
increased traffic would not exceed permitted road usage.
Drew stated that this road is a level A road and will not need
widened. It is more than sufficient for
this increase in traffic.
Lisa Brosnick,
8377 Evelyn: Are there plans for
sidewalks on either side of the street?
With the increased traffic and park at the end of the street used by the
small children
in the neighborhood.
Michael Palmowski-
8286 Evelyn: Adding to what Lisa
stated, with the use of the park, cars line up on both sides of the road, is
there anyway a parking lot could be added to the current park. Agle stated that there is a requirement in the
Town code that deals with “greenspace” issues. The Recreation and Town Boards coordinate this issue with the
applicant. That is currently under
discussion. Minekime
stated that parking is one of the considerations that is
high on the Rec Board’s list.
Sally Zak
– 8351 Evelyn Drive: Will there be a new street off of Evelyn
Drive into the new subdivision? Or straight houses on the other side of Evelyn
Drive.
Agle stated that at this time, with this plan, there are no new streets
planned, only houses fronting on existing streets.
Susan Rott-8323 Evelyn: Previously when Minekime
wanted to build on the end of Evelyn, the apartment complexes, the sewers on
both streets did not accommodate that development. Agle stated that any development that an applicant
proposes, requires Health Department Approval, they will run the calculations
and determine whether or not there is adequate sewer capacity. Minekime is on
notice that he must acquire this approval before he can proceed.
Paul
Sovereign-8430 Jennings, President of the Bog-Trotters Rifle and Pistol Club
on March Road. Mr. Sovereign
wanted noted in the minutes that his club has been here for 50 years and plan
to be for at least another 50 years.and that noise
may be an issue for the new residents moving into the neighborhood. There are leagues on Sundays and
evenings.
Diane Strong-8409 Evelyn. Currently
there is a landscaping business across from our home, will that be
relocated? Minekime
stated that the business is basically a lawn mower service, and they currently
rent the buildings from Minekime. If those lots are sold, the building will be
demolished for development.
John
Wiencek-8300 Schreiner Road: What is the timeline if all the approvals are
acquired and there is no significant disruptions when
would final approval be granted and who has final approval responsibility? Drew answered that the Final Approval is
granted by the Planning Board and that theoretically preliminary plan approval
could be granted next month, if all the issues were resolved. Then the burden is upon the applicant to do
full scale plans, sewer extension plans, etc.
That process typically takes 3-6 months when the applicant would return
with their final plat. So they could be
looking at having this approved by the next building season.
Bill Dempsey-8175 Schreiner: Land behind Beverly is
landlocked, will it be developed? Agle
stated that the area back there is not slated for development under these
subdivision plans, and as Drew stated earlier, we will be discussing with Mr. Minekime what future plans he intends for the remaining
existing property. The property is zoned
Hamlet Residential and allows these uses, and he could potentially develop the
area. Drew stated that the Planning
Board cannot approve a plan that would landlock a
piece of property. Minekime
stated that this entire farm parcel is slated for development. It was laid out over 50 years. The homes you are currently living in now,
built by his dad 40 years ago. The
remainder has been farmed since. There
will be a 70’ right of way on Schreiner, so that in the future, possibly
another road could be built west to east empty at the end of Evelyn. Therefore no parcel will be landlocked.
Kathleen
Nicotera-8298 Evelyn Drive: Currently there is a paper road along side my
property on Evelyn, so will the back area be developed? Agle stated that it may or may not ever be
developed; probably not in the manner it is laid out now. Who is looking at the sewer, water, drainage
and archeological issues there? When we
purchased our home, were bought because of the greenspace
and the flavor of the area was key to us. Also, will duplexes impact our
taxes? Minekime, stated that when
he sold the Nicotera’s the house, I made sure that
you knew that there was a road right of way there, and I told you that it has
always been a possibility for development.
Eventually that entire section will be homes, whether is is 50 or 100 years from now. It will all be developed.
Chairman Agle interjected that Mr.
Minekime will need to advise the Planning Board
upfront regarding the development of duplexes.
In the environmental reviews, it must be indicated.
Andre
Pigeon-2531 Beverly. Will the town be setting a limit to the size
of the houses? Scott Henry stated that there
is a minimum of 900 square feet. Mr.
Pigeon commented that there are drainage issues, there
is always standing water, like a swamp area.
Ron Swartz-8369 Evelyn- how will
the development proceed. Build and sell
or build as needed? Chairman Agle stated
that the Planning Board cannot comment or regulate that issue.
Diane
Tripi-8361 Evelyn Drive: Safety issues in regard to increased car
traffic. Drew stated at this meeting, we
want to hear all of your issues. We need
to identify and address the issues that were presented tonight.
Nancy Kotarski-2569 Beverly: About 6 years ago Mr. Minekime
discussed 2 apartment buildings (32 units) in this area, is that still on the
table? Chairman Agle stated that
particular plan is not the issue tonight, this public
hearing is in regard to the 2 subdivisions.
Agle assured Ms. Kotarski that the planning
board will address what the overall future developments will be with Mr. Minekime as part of this process. Drew noted that there was never a final plat
approval for the apartments 6 years
ago, so it is a moot point. Mr. Minekime would need to go thorough this entire process
again for any other developments.
Jeff Strong-8409 Evelyn: Who pays for all of these environmental studies. Agle replied
that the applicant is responsible for the costs. Stong also asked is
sidewalks are part of the plan? Drew
replied a requirement of a major subdivision in an HR zone is that sidewalks be
put in and the developer is responsible for the cost. The Planning Board is the only entity that
can waive the sidewalk requirement, if they thought it was not necessary. The planning board will determine the
location of the sidewalk.
A resident wanted to comment
regarding the placement of the sidewalk.
There is a curve on the road, and if the sidewalk were to be placed on
that side, there would be a blind side at the curve where the children would be
crossing to go to the park.
Chairman Agle asked what side
would you prefer the sidewalk to be on, or both sides or not at all? No consensus was given by the residents. Drew stated that although no decisions have
been made in this regard, usually, the sidewalks go on the side of the new
development. But, there is no final
design yet.
Mike Palmowski-8286 Beverly: In
regard to the sewer / water extensions, how many times will the road be disturbed? Will it
be just once in order to cross the road or will it be at each lot
location? Minekime
replied that there would be one crossing.
Comment by resident: Developments such as this show the Town the
need to establish a Farmland Preservation Group to preserve the farms from
future subdivision developments. The
agricultural areas is what makes Eden-Eden. We need to preserve it. We don’t want another Clarence here.
Drew replied by informing the
residents that the Town did develop a Comprehensive Plan recently, and you
should take a look at it. The Town
targeted an area that is the HR district that will allow growth over the next
50-100 years. They do not want growth
outside of that Hamlet area, and it very much restricts development of
farmland. As a matter
of fact, impossible in the agricultural zones. You have to accommodate growth somehow,
somewhere. There is no way to stop
growth, but with a plan, you can target and limit it.
O’Gorman stated that this
development area was planned a long time ago, and we take a lot of effort to
restrict development. There have been
very few subdivisions in Eden. We try to steer them onto the hills where
they look nice and don’t eat up the quality farm land.
Agle stated that this development
is directly adjacent to the existing Hamlet area and makes it the logical plan
for the next development to take place and in a controlled manner.
Does the Board take into the
consideration the extra strain on Town services? Agle stated that all of those things are
taken into consideration under the SEQR application.
Agle closed by saying that this is
just the preliminary plan stage. As Drew
explained, we take these comments, comments from the various agencies, then the engineers need to develop ways to address these
concerns and studies that need to be completed.
Then the final plan must be developed.
From this point, it is about a 6-month process.
Lawrence Kotarski – 2569 Beverly: What happens to any natural drainage? Will it be looked at and/or disrupted? Agle stated that drainage issues must be
addressed by Mr. Minekime.
Agle also informed the residents
that Mr. Minekime said he would meet with the
residents downstairs for an informal discussion regarding other concerns.
Drew stated that if you think of
anything else, you may put them in writing to the Planning Board. Our next meeting is October 7th, 2004 and you
may attend.
Chairman Agle thanked the group
for attending this meeting and for their input during this public hearing. The Public Hearing was closed at 8:35pm.
The regular Planning Board Meeting
resumed at 8:35pm.
REPORTS:
The Board discussed the Recreation
Board’s letter to the Town Board in regard to the greenspace
requirement/request for land and the need for parking adjacent to the existing
park. After discussion, Mark stated that
this decision is in the hands of the Rec and Town
Boards and the applicant. However, we
cannot give final plat approval until that issue is resolved.
O’Gorman stated that drainage in
this area is going to be a big problem.
The current residents have had the advantage of these drainage ditches
and have incorporated them into their drainage paths. Drew stated that Mr. Minekime
will have to make accommodation for that run-off drainage water, because they
have been there for 15-20 years, they are natural water courses now and by law,
he must accommodate them. He cannot
impede them.
ANNOUNCEMENTS:
O’Gorman motioned to adjourn the
meeting at 8:45 pm, Zittel seconded, carried all ayes.
Respectfully Submitted
Catherine A. Swiech
The Next Meeting will be held on
Thursday, October 7, 2004 @ 7:30 pm
