Zoning Board insists that Casella pay all engineering costs
Leon Blair, Chairman of the Town of Peru Zoning Board of Appeals, called the meeting of April 21, 2010 to order at 7:05pm.
ROLL CALL:
LEON BLAIR, CHAIRMAN : Present
JAMES FALVO, VICE CHAIR : Present
ROB BASHAW : Present FRANK DENCHICK : Excused
TOM FUSCO : Excused
ROY ZALIS : Present
LAWRENCE BOSLEY (ALT) : Abs ent
DON MCBRAYER (ALT) : Present
THOMAS MURNANE, ATTORNEY : Excused
PAUL BLAINE, CEO : Present
APPROVAL OF MARCH MINUTES:
MOTION: Mr. Falvo made a motion to approve the March minutes. Second by Mr. McBrayer.
ROLL CALL: Mr. Blair – yes, Mr. Falvo– yes, Mr. Bashaw – yes, Mr. Zalis – yes, Mr. McBrayer – yes.
MOTION APPROVED.
PUBLIC HEARING:
1. APPLICATION: ST. AUGUSTINE – ST. PATRICK CHURCH
Expansion of cemetery as a Nonconforming Use
Paul Blaine took the floor and explained the project in detail, showing the walking path, the meditation area, and the burial site via the slide presentation. Father Shnob confirmed everything Mr. Blaine spoke of. There was some discussion regarding plots versus graves. It was established that the burial site is a one family plot not to exceed 6 graves in the area designated on the map provided by the applicant.
MOTION: Mr. Bashaw made a motion to approve the expansion of the cemetery as a nonconforming use under the conditions that this be a one family plot not to exceed 6 graves in the designated area of 65’x155’x55’x155’. Second by Mr. Falvo
ROLL CALL Mr. Blair – yes, Mr. Falvo – yes, Mr. Bashaw- yes, Mr. Zalis – yes,
Mr. McBrayer- yes.
MOTION CARRIED.
APPLICATION: CASELLA CONSTRUCTION INC.
Amendment/Change of approval for pond as a Special Permitted Use
Mr. Blaine stated Casella is requesting an extension of the deadline for excavation from March 1st to June 30th, 2010. Mr. Don Crowe was present and representing Casella. There was discussion that part of the delay in this project was due to the road closings. Mr. Crowe stated he brought over a $75K bond but was not comfortable bringing trucks over due to the road conditions. Mr. Blaine stated his concern that the cost of the engineer is currently being incurred by the Town and proposes it should be the responsibility of the applicant. Mr. Crowe requested he be able to sit with the town’s engineer to confirm what it is he is looking for as he stated they hired an outside engineering firm to make sure they are staying in compliance and wants to keep his costs down as well. It was discussed and agreed that the engineering costs need to be paid by Casella and Mr. Crowe agreed that would be fair. Mr. Crowe will contact Mr. Blaine to get in touch with the Town engineer to make arrangements to meet.
MOTION: Mr. Falvo made a motion to approve the Special Permitted Use with the following conditions: 1.) Engineering costs be paid by the contractor and home owner from this day forward. 2.) The Bond will not be released until all inspections and costs are satisfied.
Second by Mr. McBrayer.
ROLL CALL Mr. Blair – yes, Mr. Falvo – yes, Mr. Bashaw- yes, Mr. Zalis – yes,
Mr. McBrayer- yes.
MOTION CARRIED.
DISCUSSION:
Mr. Blaine stated it was brought to his attention the Town Board is considering reducing the Codes Office Secretary hours down to 20 hours per week, he stated his concerns in doing this and how this would negatively affect the over all function of the Codes Office. He asked the Board for a letter of support in keeping the position full time. Mr. Bashaw asked if this was a budget producing initiative, and asked what drove that decision. Mr. Blaine stated part of it was to support the court system. There was much discussion as to why this decision was made, budgetary reasons, full-time positions with benefits versus two part-time positions without benefits, exactly what jobs or tasks would be compromised and how the Town Board should investigate prior to making this decision. Mr. Zalis asked if it would be feasible for the letter to be specific as to what this office does and of this decision to cut the hours, be specific as to what will be sacrificed. It was established the letter need not be specific, just a letter of recommendation to support the position remaining full time. It was also established the draft letter be emailed to each present Zoning Board members to view prior to the Chairman’s signature.
MOTION: Mr. McBrayer made a motion to draft a letter of support. Second by Mr. Falvo.
ROLL CALL Mr. Blair – yes, Mr. Falvo – yes, Mr. Bashaw- yes, Mr. Zalis – yes,
Mr. McBrayer- yes.
MOTION CARRIED.
ANY FURTHER BUSINESS:
There was no further business.
CEO REPORT:
Mr. Blaine showed the Board pictures of a violation in town of rubbish that was dumped and actually running into the stream at the corner of Patent & Peasleeville Rd. He stated that he contacted Deputy Warren from the Clinton County Sheriff’s Department. Tickets were issued for the violations by Deputy Warren and Mr. Cabana with the DEC. Mr. Blaine said building of homes is down a little, however 4 permits have been issued for modular, double wide and site built homes. The Codes office has been busy and there are 3 items on the Zoning Board of Appeals agenda for next month, and 5 items on the Planning Board agenda.
ADJOURNMENT:
Motion to adjourn made by Mr. Falvo. All so moved.
MOTION CARRIED.
Date filed with Town Clerk
Posted: May 26th, 2010 under Zoning Board News.