PLANNING BOARD MINUTES                                                                     April 26, 2002

 

MEMBERS PRESENT included: Chairman Doug Allen, Mert Bartels, Tom Morrison, Tom Ferreri, Brian Gagne and Kevin Rooney.  Also present was Town Engineer / Zoning Officer, Scott Allen, Town Councilman, Ken Nawrocki and Town Attorney, Anthony Villani.  Absent was member Howard Jordan.         

 

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

 

OLD BUSINESS:

 

Borkhuis - Evergreen Hill Self Storage / Evergreen Hill / 1 Lot Subdivision and Site Plan / Preliminary and Final

Doug Allen began the discussion by stating that he had read the letter sent to the Town and was very disappointed.  Doug stated that some of the statements made in the letter were simply untrue and stated that the Planning Board has followed every letter of the law while reviewing this application.  Doug stated that no decisions have yet been made on this application and the Town Attorney is present tonight to give the needed interpretations.  Tony questioned if this application was required due to the proposed Pheasant Run project.  Scott Allen explained that with the Planning Board approval given for Pheasant Run, it was required that an application for a storage facility be brought to the town.  Tony stated that the code provides for the Planning Board to have the option to require off-site storage due to the smaller lot sizes in this district.  Tony questioned if the sizing or limitations were part of the conditional Pheasant Run approval.  Scott explained that the condition simply stated that an application needed to be submitted for review.  Doug Allen questioned the term "sole convenience" used in the code.  Scott Allen explained that it was the intent of the Planning Board at the time of the condition Pheasant Run approval to make the developer live up to the NCD District Codes.  Tony asked if the plan as submitted meet what the board had in mind at the time the condition was placed.  Doug answered that it did, however, the board at that time did not know where the proposed facility would be located.  Tony questioned if the statement in the letter from the residents concerning the size of this application being too much for the NCD District was true or false.  The application was determined to be not larger than needed if the facility was not limited to the residents of the NCD District.  

 

Gary questioned what the term "sole convenience" would mean to him, and stated that he would comply with whatever the law was.

 

Tony stated that he thought the intent at the time ordinance was written was to respond to the freedom given to the developer in the NCD District. 

 

Gary stated that if he was applying for a restaurant facility he would not be restricted to serving only residents of NCD District and he didn’t see how this was any different. 

 

Brian stated that the applicant owns another business in the NCD District and is not restricted on that business. 

 

Tony responded by stating that this application was a requirement for the Pheasant Run approval and therefor is not a stand-alone application.  Tony also stated that an overlay district would not be necessary because the NCD District is essentially an overlay.

 

Tom Ferreri stated that the applicant for this storage facility is not the same applicant as the Pheasant Run Subdivision. 

 

Tony stated that the applicant for the Pheasant Run Subdivision delegated, however, it was still in adjunct to the Pheasant Run approval.

 

Scott Allen again stated that it was only a requirement that an application be submitted.

 

Doug questioned the Salvage and Recycling aspect of this application.  Tony responded that the question presented to him in the letter from Dave Matthews was to broad and he would not give an opinion on the hypothetical.  Tony did state that he did not see that this particular application would be conditioned by the Salvage and Recycling code.

 

Doug stated that the long EAF had been submitted and asked Dave Matthews to give a brief overview.  Scott explained that this was an unlisted action and the board had required the long EAF, however, it does not require a coordinated review with any outside agencies.  The board is to give a positive or negative declaration after their review of the long EAF.

 

Dave explained that the long EAF addressed environmental concerns presented by the residents.  Section one gives the basic facts of the property, section two is a review of the impacts and section three is supporting documentation. 

 

Tony recommended that the board wait until they have a chance to review the long EAF before making a declaration.  Tony stated that board should declare themselves lead agent and review the form for the next meeting.

 

A motion to declare lead agency on this unlisted, uncoordinated review of the EAF for Evergreen Hill Self Storage Facility was made by Mert Bartels, seconded by Brian Gagne, all in favor.

 

Doug asked Dave Matthews to briefly address the issues addressed in the letter dated April 19, 2002. 

 

In response a resident responded that they were not disputing that this is an allowed use, however, they do feel it should be for the sole convenience of the NCD residents.  The resident continued by stating that they feel Gary will establish the business then go to the Zoning Board of Appeals for a variance, stating a hardship, to allow business from outside the NCD District.  Doug stated that the letter presented by the residents was very unclear.  Another resident questioned if they could prove that the property values would decline due to this proposed business if it would make a difference.  Scott explained that this information is very subjective and would be extremely difficult to prove.

 

A resident asked if any of the board members would buy a house next to this business.  The board explained that this was subjective and the job of the planning board is to follow the codes not make subjective decisions.  A resident responded that they were told when they bought their house that this land was going to be open space.  The planning board explained that who ever sold them the house told them that, not the planning board.

 

Doug asked for the board members concerns and comments.  Kevin questioned the size of the project if the operation was limited to only NCD residents.  Tom Morrison questioned if this needed to be restricted to the NCD residents or if it could be expanded to the entire Gananda district.  Tony explained that if the application was in adjunction to the Pheasant Run Subdivision then it would need to be limited to the NCD residents due to the sub-standard lot sizes allowed.  Brian stated that if this project was limited to the NCD residents, the planning board might be dooming this project from the start leaving the residents with exactly what they did not want to begin with.  Brian referred to the Planning Board minutes dated March 11, 2002 where the residents raised concerns about the business failing and the empty building being left.

 

Tony continued to explain that when this code was written Gananda was under one developer and the code is written for that situation.  Now that the developer is selling off the subdivisions, the language of the code is difficult to reconcile.  Tony also explained that no other business is restricted to the NCD residents and the code states that this "may be required by the Planning Board". 

 

Mert Bartels stated that he would like more time to review the EAF prior to making any decision.  Tom Ferreri agreed.  Doug stated to Mr. Borkhuis that his concern was with whom would be the next generation of operators for this business and how the board could determine that it would be run with the same integrity as Mr. Borkhuis would run it. 

 

A resident stated that another issue addressed in the letter is that Mr. Borkhuis has already started development and needed to call off the construction crews after the last meeting.  Gary responded that this was absolutely false, no work has been done on the property except surveying.  Gary stated that he resented the accusation.  Scott Allen stated that no work could be done without a building permit.  Doug stated that this argument was as ridiculous as the argument that the Planning Board is trying to push this application through.  Scott also stated that the letter was sent to the Zoning Board of Appeals and the Town Board was never sent to the Planning Board.

 

Tony stated that under section 135-113-B the Planning Board has the option of sending the application to the Town Board for a final decision.  Scott explained that he doesn’t remember this being done, at least not in the last ten years, and the Town Board has given this authority to the Planning Board.  Ken Nawrocki stated that the Town Board had the confidence in the Planning Board to make these decisions and if it were referred to the Town Board the members would just need to re-learn the entire situation. 

 

A motion to table this application until the Planning Board can further review the EAF was made by Brian Gagne, seconded by Kevin Rooney, all in favor.

 

Cataldo - Tranchtenberg / 2734 Hance Rd / Kennel Permit

Mr. David Tranchtenberg and Ms. Carolyn Cataldo were present to address the board.  This application was tabled on December 10, 2001 due to property ownership.  David and Carolyn have now purchased the property and would like to get a permit for private kennel for St. Bernard dogs on this 49 acres parcel.  David explained that they would be using the existing barn structure to house the dogs and all setback requirements will be met.  Scott questioned if the Planning Board would like to set a maximum on the number of dogs allowed and he explained that this would only be in effect for dogs that are 6 months or older.  Tom Morrison questioned that structure located near the back property line needing a variance.  David explained that they would not be using that structure to house the dogs, they would use the structure located closer to the house.  A motion to grant a kennel permit with a maximum allowance of 25 dogs 6 months or older was made by Brian Gagne, seconded by Kevin Rooney, all in favor.

 

NEW BUSINESS

 

Spinners - Kevin Judge / 280 Route 31 / Modification of Special Use Permit

Gus Jubulis and Kevin Judge were present to address the board.  Gus distributed updated plans for the proposed extreme skate area.  The outside park is now located in the rear parking area of the building, however, due to space they would like to re-locate the area across the drive and make it larger.  Kevin explained that he would like to make the park more year round and reduce the crowding that occurs currently.  The proposed park will be four times the size of the current area; it will measure 125'x400'.  The ramps will be spread out more and will allow separate areas for skateboarding, in-line skating and bikes.  Kevin also explained that last year when he applied for the permit he was not aware of the level of difficulty in putting up and taking down the ramps; this would allow the ramps to be left up year round. 

 

The board asked about screening.  Gus explained that the proposed area is 250' away from the road and no screening is proposed.  Gus explained that there would be 6 light poles with 2 lights on each pole.  Kevin explained that he would like the activity to be seen from Route 31.  Scott stated that he had concerns with screening on the opposite side, facing the proposed residential area behind this location.  Scott stated that evergreens should be planted on the south side, some screening should be done in the front and light cut-off shields should be installed.  Doug stated that red maples would be nice to the North.  Gus stated that there was a catch basin to the north and they would only be able to plant a couple of trees.

 

Scott explained that one of the issues with this application is the sanitary sewer easement that runs through this proposed project.  Currently no sewers have been installed in this easement and this will be discussed at the PRC meeting on Wednesday, April 24.  Scott stated that the easement should probably be re-located around this proposal or the applicant should install the piping needed under this area at their cost.  It should be part of the recommendation given to the town board to have the easement filed in the best location.

 

The board questioned the need for additional parking.  Kevin explained that by moving the park it would free the back parking area.  He also explained that this never was an issue last year, this use tends to be a pick-up/drop-off traffic situation.  The current plan shows 106 parking spaces. 

 

Scott stated that this would draw business from a long distance.  The board stated that they had concerns with parking.  Kevin asked if land banking would be an option.  Scott stated that if land banking was going to occur the board should set a timeframe to have the additional parking complete once it is requested. 

 

Brian Gagne stated that he had concerns with a gathering of youth and not having the proper controls in place.  Kevin stated that when this was reviewed at the county this was one of their concerns as well.  Another of the counties concerns was people crossing Route 31 between this and the go-kart track across the road.  The board asked what the average age is of the users of the proposed facility.  Kevin explained that he has people age 5-55, the average age is 12-17.  Kevin also stated that he had no plans to extend the hours of operation.

 

Scott stated that another issue is with the proposed residential development behind this location.  The Planning Board had requested that the residential development use Carlson Dr for access vs. creating another road cut and this may need to be re-visited at this time.  Another traffic issue discussed was the right-in/right-out on Route 31.  Scott stated that this did not function as intended.

 

Tom Ferreri stated that he thought the board should require land-banked parking and some screening to reduce the amount of "rubbernecking" from Route 31.  Tom also requested that a photometric lighting plan be done so that the board can determine the impact.  Kevin stated that the lighting would not be any worse than the miniature golf facility or the go-kart facility across the street.  Scott explained that this is different due to the residential area located to the rear of this location. 

 

Tom Morrison stated that due to the outstanding issues (lighting, pedestrian crossings, traffic, landscaping, and drainage) that it would be better to review for the next meeting.

 

Gus explained that the area would be relatively flat with one drain in the middle.

 

Tom Ferreri questioned if any additional bathrooms would be added due to this application.  Gus stated that none are proposed they are currently located in the building.  Tom asked if any crosswalks were proposed for people crossing the parking area to get to the restrooms.  None are shown.

 

Ken questioned the need for the town to review this area to make this more pedestrian friendly due to the recreation facilities in the immediate area.  Tom Morrison stated that the Planning Board is concerned with the internal traffic now and eventually the town may need to review the pedestrian traffic overall. 

 

A motion to table this application until the issues discussed can be addressed was made by Tom Morrison, seconded by Mert Bartels, all in favor.

 

Brownstone Physical Therapy / 1900 Route 31 (West Wayne Plaza) / Sign Permit

Dave Matthews was present to represent this application and explained that Brownstone would like to have a sign on the front of the building to match the existing signs.  A motion to grant this sign permit contingent on Zoning Board approval was made by Brian Gagne, seconded by Kevin Rooney, all in favor.

 

LOG IN

 

Frank Dimino Inc. / 921 Route 31 (Henning Property) / SEQR Determination and Site Plan

 

Courtney / Pannell Road / Realty Subdivision

 

ZBA REFERRALS

 

Frank Dimino Inc. / 921 Route 31 (Henning Property) / Area Variance - Section 135-92 / Request to build an Access Road with a 60' setback from the existing barn

Scott explained that this applicant is currently negotiating with DEC on the location of this access road due to the wetlands on this property.  The best location determined by the DEC requires the applicant to go to the Zoning Board of Appeals for a setback variance.  The property is zoned ORM and the access road is to allow the property to be marketed.  The planning board made no comment on this application.

 

Travis Camp / 2537 Barnes Rd / Area Variance - Section 135-61 schedule 1 / Request to construct an accessory structure closer to lot lines than allowed by town code

The planning board gave a positive referral to the ZBA for this application.

 

Dan Lettro / Kittering Rd / Area Variance - Section 135-61-A / Request to build an attached garage larger than allowed by town code

The planning board gave a positive referral to the ZBA for this application.

 

MINUTES

 

A motion to approve the minutes dated April 8, 2002 was made by Brian Gagne, seconded by Kevin Rooney, all in favor.

 

Mr. Gary Borkhuis returned to the meeting and stated that he was disappointed with the delay he was given this evening and that he felt the restriction of only allowing NCD residents to use this facility was unfair.  The planning board members responded that they understood his concerns, however, they had to follow the zoning.  Doug explained that the board was surprised when 60 people were in attendance for the public hearing but because they raised these issues the planning board needs to follow the proper channels in order to make an informed decision on the application. 

 

ADJOURNED 10:30 P.M

 

Minutes respectfully submitted by Jennifer Habecker