MEMBERS PRESENT included: Chairman, Scott Allen, Tom Morrison, Brian Gagne, Doug Allen, Mert Bartels, Councilman Bill Hammond, MRB Agent Pat Nicoletta and Michael Simon, and CEO Mario Fioravanti.  Absent were Members, Tom Ferreri and Howard Jordan.

Chairman, Scott Allen, called the meeting to order at 7:30 p.m.

Motion to waive the reading of the public hearing notice as it appeared in the “Times” was made by Mert Bartels and seconded by Tom Morrison, all in favor.

PUBLIC HEARING

Goetzmann / Daansen Rd / 2 Lot Realty Subdivision / Final
Motion to open this public hearing was made by Brian Gagne and seconded by Doug Allen, all in favor.  No one was present to speak for or against this application.  Motion to close this public hearing was made by Brian Gagne and seconded by Doug Allen, all in favor.

Rosenbauer - Rainbow Estate / Alderman Rd / 3 Lot Realty Subdivision / Final
Motion to open this public hearing was made by Brian Gagne and seconded by Mert Bartels, all in favor.  Dennis Blankenberg was present to represent this application. No one else was present to speak for or against this application.  Motion to close this public hearing was made by Brian Gagne and seconded by Doug Allen, all in favor.

Tegtmyer / Mill Rd / 2 Lot Realty Subdivision / Final
Motion to open this public hearing was made by Brian Gagne and seconded by Mert Bartels, all in favor.  The applicant was present to address the board.  No one else was present to speak for or against this application. Motion to close this public hearing was made by Brian Gagne and seconded by Doug Allen, all in favor.

OLD BUSINESS

Goetzmann / Daansen Rd / 2 Lot Realty Subdivision / Final
No one was present to address the board concerning this application. Scott Allen began discussions by stating that this looked pretty straightforward to him, the applicant simply wants to split 2 acres off the original 7.6 acres.  He also noted that the plan stated that site plan approval would be needed before any development could occur on this site.  It was also noted that the right a way was 60', however, sight distance was not noted.  Tom Morrison stated that this was a straight road and did not feel this would be a problem.  Short SEQR indicates no negative impacts and a motion was made by Doug Allen for negative declaration on SEQR, seconded by Brian Gagne, all in favor.  Motion to grant realty subdivision approval as proposed was made by Tom Morrison, seconded by Mert Bartels, all in favor.

Rosenbauer - Rainbow Estate / Alderman Rd / 3 Lot Realty Subdivision / Final
Dennis Blankenberg was present to address the board concerning this application. He stated that this parcel is being divided and 28 acres are to stay with the existing farmhouse.  Scott Allen stated that everything shows being surveyed to the centerline of the road and it should be surveyed to the right-a-way line.  He also noted that this should be corrected on the final plan to be filed with the county.  Mike Simon asked if a creek runs through this property and if an easement would be needed.  Scott replied that an easement would be needed depending on Dick Roets review.  Dennis stated that he did not have the authority to give permission for that.  Bill Hammond stated that a note stating that development could not occur on these parcels without prior site plan approval should be added.  Scott reviewed that there are three issues that should be addressed on the final plan: 1. Should be surveyed to the right-a-way line 2. An added note concerning the need for site plan approval prior to development and 3. The waterway on the property should be reviewed with Dick Roets and if an easement is required one be provided.  He also stated that all of these issues could be addressed on the final plan.  Short SEQR indicates no negative impacts and a motion was made by Doug Allen for a negative declaration on SEQR, seconded by Tom Morrison, all in favor.  Motion to grant realty subdivision contingent on the three stated issues was made by Doug Allen and seconded by Mert Bartels, all in favor.

Tegtmyer / Mill Rd / 2 Lot Realty Subdivision / Final
Gary Tegtmyer was present to address the board concerning this application.  He stated that he currently owns both lots but wants to take approximately .5 acres from lot 5 and add it to lot 4 which is where his residence is while maintaining site plan approval for lot 5.  He stated that he wants to do this because that area is wooded and if he eventually sells lot 5 he wants to retain the woods with his property.  Pat Nicoletta noted that this property would need to be resurveyed to be submitted to the county and a mylar would be needed.  Brian asked when the map presented was done.  The map was dated 1984.  Gary stated that he was willing to do that but did not want to spend the money if this was not going to get approval.  Pat Nicoletta also asked about an easement on this property.  Scott mentioned that the culverts were shown as 6' and 7', which is substantial.  Brian Gagne questioned how moving this lot line was going to effect the set backs for the site approval on lot 5.  It was reviewed and determined that setbacks would still be adequate.  Scott asked Gary if an easement would be possible and Gary replied that he did not have a problem with that.  It was determined that Pat Nicoletta will discuss this with Dick Roets and then contact the engineer with the decision on easement.  Short SEQR indicated no negative impacts and a motion was made by Doug Allen for a negative declaration on SEQR, seconded by Mert Bartels, all in favor.  Motion to grant subdivision subject to presenting a final plan and mylar and drainage easements was made by Tom Morrison and seconded by Brian Gagne, all in favor.

BRIEF DISCUSSION

VanHout / Alderman Rd / Special Use Permit Application
Scott Allen started conversation by stating that this was an application for a special use permit for a small business and the planning board would simply be reviewing to make a referral to the town board.  Jerry VanHout was present to address the board concerning this application.  Doug Allen questioned the type of business.  Jerry stated that he was a mason contractor.  Scott Allen referenced that the application was complete with a letter of description and a letter from a neighbor in favor.  Jerry stated that he discussed this application with all neighbors and all were ok with it.  Scott asked if trees were planted and Jerry replied that he has already done this, he also stated that there would be no lighting of this area and no building.  Tom Morrison stated that he felt the already provided landscaping was good.  He also felt that sight distance should be noted on the plan.  Jerry stated that sight distance was not an issue, he stated that this driveway was directly across from his neighbors driveway and that his residential driveway sits closer to the hill than this driveway.  Scott stated that this was fine but it should be stated on the map for future reference.  It was the concensious of the planning board that a positive referral be given to the town board subject to the addition of the sight distances.  A motion for this was made by Doug Allen and seconded by Mert Bartels, all in favor.

Pal-Mac Youth Baseball Fields
John Parnell and Pete Langfield were present to address the board representing the Pal-Mac Youth Baseball League.  They stated that the league is interested in building a complex for little league but they were unsure of what zoning districts they should be looking to purchase land in due to their non-profit status.  Scott Allen asked Mario if this was covered in the Public Use Section of the Zoning law.  After reviewing this section it was determined that this would be allowed in any AR-40 or R-30 zoning districts, however, prior to development the planning board would need to approve site plans.  Brian Gagne stated that if there were to be 4 or 5 ball fields septic systems would also need to be reviewed.  Tom Morrison stated that the applicants might want to look at an area that is not a real high in residential.  Mike Simon stated that 10 acres would probably not be sufficient for 3 or 4 fields with parking.  Scott Allen recommended that while they were looking at property to take an engineer with them.  Mario stated that according to section 135-63-e if they bought in an AR-40 zone a special use permit from the Town Board would be required.

Spinners Expansion
Gus Jubulis and Kevin Judge were present to address the board.  Gus stated that currently Spinners does not have a special use permit because at the time of building one was not needed.  He stated that they would like to add an outdoor extreme skate park, a dirt bike (bicycles) track and a go-cart track in the area next to the detention basin.  He stated that the outdoor Skate Park would first be located behind the building in the area that is now parking but would eventually move to the West in the open space.  The dirt bike tract would consist of a small storage shed and dirt mounds for kids to ride.  The temporary Skate Park would be set up for summer so the applicant is pressed for time.  Kevin stated that this was done at ESL last summer.  Gus stated that he was not sure about the parking requirements.  Scott Allen stated that the Planning Board could determine the parking requirements however formal plans would need to be submitted for them to do that.  Scott asked how many empty spaces there were at normal volume times.  Kevin replied that there are usually 20-25 empty spaces and if additional parking was needed he could use along the roadway behind the building.  Kevin also stated that the summer time is a lower volume use because people want to be outdoors, that is why he is looking to make these expansions.  Scott stated that his concern was with the public hearings this would need to go through.  He stated that he thought the public might have issues with noise and asked if he had considered moving this temporary skate park to the front of the building so that the neighbors would not have this issue.  Kevin stated that due to the set up inside the building for check in this was not going to work.  Doug Allen asked of he planned to pipe music outside for this.  Kevin stated that it was not necessary.  Gus again asked about the parking requirements.  Scott asked how much land was owned.  Kevin replied that he has just leased additional land and land was not a problem.  Scott again stated that the planning board could determine parking however in order to determine what would be needed plans should be submitted with proposed parking.  He also stated that the planning board might require land-banked parking.  He also stated that he felt the public might have issues with noise and lighting.  Doug asked how close the nearest house was and Kevin replied maybe 1000 feet.  Scott stated that this was a good zoning area for this use and recommended that the applicant submit plans for the planning board to review then it would need to be approved by the Town Board.  Gus stated that he would like to resolve the temporary outside skate park issue.  Scott stated that a special use permit would be needed from the town board for this.  Tom Morrison stated that he recommends getting approvals for whatever sections they want to do this year and then come back in the future for the rest.  Scott Allen concluded by recommending that they approach the neighbors also to build a relationship.

LOG INS

Rousseau / 3125 Kittering Rd / 2 Lot Realty Subdivision

Aurora Development Inc / East Ave / Revision of Realty Subdivision and Site Plan Approval

Strada / 972 Alderman Rd / 2 Lot Realty Subdivision

ZBA REFERRALS

Harv's Harley Davidson Inc. / 3120 Kittering Rd / Area Variance - Application for a variance of section 135-165 or expansion of a non-conforming use or an amendment of variance granted March 8, 1994 to allow expansion of above business
It was stated that the Planning Board in 1994 recommended that a new site be looked into in a more appropriate zoning district.  Doug Allen stated that he did not see how this business was any different than a farm, this was also a small family run business.  Scott stated that he did not feel it was the planning board's place to review this application because of it being an expansion of a non-conforming use.  Mario stated that he thought this should go to the Town Board for review, not the ZBA.  Bill Hammond stated that this brings up the definition of expansion.  He stated that there were other issues on this matter currently.  Bruce Niven stated that he thought Mario should research how Bob James Equipment was handled.  It was determined that it was the planning boards feeling that this is an expansion of a non-conforming use and should go to the town board.

Kevin Reader / 570 Quaker Rd Lot 32 / Area Variance - Section 135-164-h-1 / Would like to build a shed larger than allowed by town code
Planning Board had no comment concerning this application.

OTHER PERTINENT BUSINESS

Town Board Correspondence

Bill Hammond told the board that the Town is currently having difficulties collecting some MRB engineering fees from applicants.  He stated that he was trying to devise a way to prevent this.  He suggested that at the time comments are submitted from MRB that a bill is also submitted and it should be paid before the granting of final approval.  Pat Nicoletta stated that if it was a regular project fees a set prior.  Bill stated that these are not the projects that we are having trouble with, it is the additional items on larger projects.  Mike Simon stated that it would not be a problem to submit a bill with the comments, that everything is done electronically at MRB and is suppose to be updated daily anyway.  He also stated that Scott could also hold his signature from the final plans until payments are made.  Bill stated that that would work for projects that get approval, however, not all do.  Scott stated that he felt submitting a bill with comments would be the best way to stay on top of the situation.  Mike Simon also stated that the town could call at any time to find out fees if not already submitted.
Bill Hammond continued to tell the Planning Board that he had attended the Association of Towns meeting in NYC.  He presented a checklist for plans to the planning board that had been used in another town and asked if it may be helpful to revise for our use.  Scott stated that something similar was already in the land use regulation and he had already discussed having the land use regulations revise for more up to date standards.  He stated that this could be incorporated into that project.
Bill Hammond continued to state that a letter had been received from the State of New York stating that a light was not needed at the corner of Route 350 and 31F.

MINUTES

A motion was made by Mert Bartels to approve the minutes dated December 11, 2000, seconded by Brian Gagne, all in favor.

A motion was made by Scott Allen to approve the minutes dated January 8, 2001, seconded by Brian Gagne, all in favor.

ADJOURNED 9:15 P.M.

Minutes by Jennifer Habecker