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

                                              FINAL

                                      Minutes of Meeting

                                             December 1, 2005

Members Present:                                                     Guests:

Mark Agle                                                                     Drew Reilly, Town Engineer

Jerry Schwab                                                   

Juanita Majewski                                                           M/M. Mark Steven

KevinO’Gorman                                                             J. Martin 

Andy Romanowski                                                       

Bill Zittel                                                                      

Dennis Brawdy                                                 

E. Krycia Jr, Councilman

Asent:

Tony Weiss

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Chairman Agle called the December 1, 2005 Meeting of the Eden Town Planning Board to order at 7:30PM.  Agle requested a motion to approve the November 3rd, 2005 minutes as written and submitted, so moved by Jerry Schwab, Bill Zittel seconded, carried all ayes.

NEW & UNFINISHED BUSINESS:

J. Martin – Pre-submission and change-of-use site-plan review for 8566 S. Main Street, from general office to medical office.  Chairman Agle stated that Mr. Martin and the owner, Mr. Minekime attended the November meeting and was advised to submit a pre-submission form as well as a site-plan in order to expedite the process as per Mr. Martin’s request.  A pre-submission form and sketch plan were submitted, but no site plan.  According to the sketch, the Chamber owns most of the parking spaces indicated.  Brawdy stated that based upon the code requirements, 8 parking spaces would be required.  The spots numbered 1 through 6 and 11 through 14 on the sketch are located on Chamber property.  It appears that we can credit the medical office with spots 15, 16 17 and 18.  Agle asked the hours of operation?  Martin replied Tuesday and Thursday evenings to see patients and Monday, Wednesday and Friday.  The Board referred to the Chinese Take-Out site plan to review already allocated parking spaces in the area.  Drew stated that according to the Take-Out site plan, two parking spaces along side the building was approved.  Therefore, parking along side the Medical Office could not be approved due to the ingress/egress width requirement; therefore, 17 and 18 as shown on the sketch are unusable. Agle stated that during other site-plan processes, the Chamber was adamant about keeping control of their parking lot.   Dr. O’Gorman stated that it might be worthwhile for Mr. Martin to investigate the already established medical office further up Main Street, as it is already approved for the use.  Brawdy stated that the plan indicates 4 spaces (15-18) for the Medical Office use and we could allow 2 on-street parking, therefore Mr. Martin needs 2 more spaces.  Without an official site plan, we can only assume that spaces 7 through 10 are dedicated to this property and 15-16 are street credited parking spots.  Assuming that there are 6 of 8 required spaces, is that close enough?  Handicapped spaces also need to be addressed.   Brawdy stated that from personal experience, whenever he comes to the four corners area of Main Street, he never has a problem finding a parking space.  To discount a business for fear of insufficient parking would be foolish.  Juanita asked if the secretary needed to be counted as an additional space.  Drew stated that a secretary is already figured into the 4/Doctor requirement in the code.  Agle asked the opinion of the Board regarding a site-plan.  O’Gorman stated that it must be submitted.  Brawdy asked if they could conditionally approve the sketch with the understanding that a stamped site-plan must be submitted compliant with the Town Code that delineates 3 parking spaces one of which is handicapped in the rear of the property including the, 2 credited on-street spots.  Dr. O’Gorman stated that the handicapped spot must be contiguous to the ramp in the front of the building.    Brawdy amended his motion to state “in compliance with the ADA and meeting all building code requirements before the C/O is issued. Juanita stated that it would not be fair to Scott to place that kind of responsibility on him.  Drew agreed.   After discussion by the Board, the motion was NOT SECONDED, then Dennis officially withdrew his motion.  Bill Zittel motioned to table the site-plan review until an actual site-plan is submitted.  Jerry seconded the motion, carried all ayes.  Agle recapped to Mr. Martin that as a courtesy, last month, even though this item was not on the agenda, we allowed you to present your idea to the Board.  At that time, we directed you to submit the pre-submission form and if you wanted to expedite the matter, you could also simultaneously submit your complete site-plan at this meeting (December 1).  An actual site-plan, drawn to scale and in accordance with the checklist, would have helped us resolve all of the issues that we are discussing.  Which is, how many spaces actually fall on the property; where is the handicapped access is, how it is accessible to them.  We need to see all of this on the plan.  The next meeting is January 5, 2006 and you wanted to open your operation on January 1.  We cannot allow you to do that without an approved site plan.  However, If you submit a site plan that meets the requirements for the January 5^th meeting and you receive site-plan approval, you could in essence, open your office on January 6^th, 2006, provided that there are no outstanding building code issues.   Brawdy stated that if Mr. Martin/Mr. Minekime submits a site-plan that indicates 5 of the 8 parking spots, 2 contiguous to the property on the street, 3 spaces delineated in the rear, and a handicapped parking spot dedicated to the handicapped ramp, we could approve the plan at the next meeting.  Agle stated that Scott must also receive a floor plan.  Martin stated that there would not be any changes inside or out.  Agle reiterated that you should verify requirements with Scott.   Agle stated that we want to work with you on this project, but without the site-plan, we cannot make any decisions. Jerry stated that Mr. Minekime should have been present to explain why he submitted a sketch of the property rather than a site-plan.   Agle advised Mr. Martin to submit his site plan to Cathy no later than December 23 to be placed on the January 5^th, 2006 meeting.   Drew stated that for that meeting, if Mr. Minekime does not have control over any of the parking in the rear, then he needs to submit a letter from the Chamber stating that they will allow them to use their parking spaces.   

Mark Stevens – Change of use site plan review for 8259 N. Main Street – Pet Supply Store. Agle stated that a site plan has been submitted and 8 dedicated parking spaces are indicated as required.  Kevin O’Gorman motioned to approve the site plan as submitted with the condition that Mr. Steven submit a floor plan to Scott Henry as required, Bill Zittel seconded, carried all ayes.

Reappointments:   Agle stated that Juanita Majewski’s 7 year term is set to expire on December 31, 2005; Juanita will you, if nominated choose to serve?  Juanita replied yes.  Bill motioned to recommend to the Town Board to reappoint Juanita to an additional 7-year term, Dennis seconded, carried all ayes.   Agle stated that Andrew Romanowski’s 1-year, alternate member appointment is set to expire on December 31, 2005; Andy will you, if nominated choose to serve?  Andy replied yes.  Kevin motioned to recommend to the Town Board to reappoint Andy to another 1-year term as alternate member of the Planning Board; Jerry seconded, carried all ayes.  Drew asked if Andy automatically votes if a member of the 7-member board is absent?  Agle stated no, it is my understanding that the Local Law as written by Bill Trask and adopted by the Town Board states that Andrew becomes a full member only to meet a quorum.  Mark motioned to amend the previous motion to recommend to the Town Board to reappoint Andy for an additional 1 year term as alternate member and further recommend that the Town Board instruct Town Attorney to look into whether or not we can empower the alternate to be a full member any time a member of the 7-member regular board is missing; Kevin seconded, carried all ayes.

ANNOUNCEMENTS: 

Kevin O’Gorman requested to know the procedure, since there has not been any movement to meet the planter box requirement at Mr. Zimmerman’s property.  Agle stated that Scott indicated in him memo that the planter box is built and there is dirt.

O’Gorman requested to know the enforcement of the code in regard to parking of mobile homes now that there is a parking area built for mobile homes?  Ed Krycia replied that the parking area is only an option for people who wish to store them off of their property.  Residents are allowed 1 unlicensed vehicle on their property. 

ADJOURNMENT: 

Kevin O’Gorman motioned to close the meeting, Bill Zittel seconded, carried all ayes.

Respectfully submitted,

Catherine A. Swiech