Minutes of June Planning Board Meeting published. Includes Elmore SPCA plans
Richard Williams, Chair of the Town of Peru Planning Board, called the meeting of Wednesday,
June 9, 2010 at 7:00pm, to order.
ROLL CALL:
RICHARD WILLIAMS, CHAIR : PRESENT
DALE HOLDERMAN, VICE CHAIR : PRESENT
BETTY CORROW : ABSENT
ADELE DOUGLAS : EXCUSED
JOHN KANOZA : PRESENT
MARK ROBINSON : PRESENT
BENJAMIN WRIGHT : ABSENT
ERIC BLAISE (ALT) : ABSENT
PETER TROUT (ALT) : ABSENT
ATTY. THOMAS MURNANE : PRESENT
CEO: PAUL BLAINE : PRESENT
APPROVAL OF APRIL & MAY MINUTES:
The Board postponed voting due to there was not enough members present from the April meeting as well as the May meeting.
PUBLIC HEARING:
Mr. Williams stated to the audience that this is a seven member board and we need four positive votes to pass any type of action this evening, and because there is not a full board, if an applicant would like to table their application they may do so. No applicant opted to table their application.
1. SITE PLAN REVIEW: LEEWARD BABBIE
3 Lot Minor Subdivision on Calkins Rd.
Ms. Douglas who was assigned had an excused absence thus Mr. Blaine took the floor to explain the proposed subdivision and went through the slide presentation. He stated that once the subdivision is complete all three lots are conforming. Mr. Babbie concurred with Mr. Blaine and further stated the reason for the subdivision of his Parcel #291.-1-20.121 is to simply add extra land to the adjacent properties. It was noted that Mr. Babbie had in fact presented letters of approval for our files from Mr. and Mrs. Weeks who own Parcel #291.-1-20.122 and Mr. and Mrs. Rivers who own Parcel #279.-2-26.
PLANNING BOARD MEETING
WEDNESDAY, JUNE 9, 2010
MOTION: Mr. Williams moved to declare this an unlisted action and name the Town of Peru Planning Board as lead agency. Second by Mr. Holderman.
ROLL CALL: Mr. Holderman – yes, Mr. Kanoza – yes, Mr. Robinson – yes, Mr. Williams – yes.
MOTION CARRIED.
Mr. Murnane went over the SEQR; the Planning Board concurred there are no negative impacts.
MOTION: Mr. Holderman moved to declare this a negative declaration. Second by Mr. Kanoza.
ROLL CALL: Mr. Holderman – yes, Mr. Kanoza – yes, Mr. Robinson – yes, Mr. Williams – yes.
MOTION CARRIED.
MOTION: Mr. Williams made a motion to approve the application with the condition that the proposed Lot 1 on the Tax Map slide be merged with Parcel #291.-1-20.122 (Weeks property) and Lot 2 be merged with Parcel #279.-2-26 (Rivers property). Second by Mr. Robinson.
ROLL CALL: Mr. Holderman – yes, Mr. Kanoza – yes, Mr. Robinson – yes, Mr. Williams – yes.
MOTION CARRIED.
2. SITE PLAN REVIEW LEON BLAIR
Sign for home occupation @3515 Rt 22
Mr. Blair requested his application be tabled and rescheduled to be heard at the July Planning Board Meeting.
MOTION: Mr. Williams made a motion to table the application. Second by Mr. Holderman.
ROLL CALL: Mr. Holderman – yes, Mr. Kanoza – yes, Mr. Robinson – yes, Mr. Williams – yes.
MOTION CARRIED.
3. SITE PLAN REVIEW: ELMORE SPCA
Addition and renovations at 556 Telegraph Rd.
Mr. Blaine explained Elmore SPCA was granted an Expansion of Non-Conforming Use at the May 19th, 2010 Zoning Board of Appeals meeting. He went over the proposed project and went through the slide presentation. Carol Salari-Ruscoe and George Rosenvold were present to answer any questions. Ms. Salari-Ruscoe stated they have been busy visiting other shelters to observe and view operations. She stated this addition is to create more dog runs as well as expend the reception area. Ms. Salari-Ruscoe stated they probably would never have 30 dogs at one time but with this addition the facility would have a 30 dog capacity. Mr. Kanoza inquired about the plumbing, sewer, water, and drainage. It was mentioned that those issues will get addressed in the Building Permit process but both Mrs. Salari-Ruscoe and Mr. Rosenvold were aware that they needed to get in touch with the Clinton County Health Department, specifically with Mr. Kanoza. The erecting of a fence was discussed and it was established that the fence will be approximately 30 feet from the new addition. It was also established it will be a chain link fence. Both Mrs. Salari-Ruscoe and Mr. Rosenvold were very open and respective to all that was being discussed and answered all questions proposed to them by the Board in detail.
PLANNING BOARD MEETING
WEDNESDAY, JUNE 9, 2010
Mr. Robinson went down through the Short Site Plan Review checklist. In reviewing the checklist it was clear that conditions would need to be set in order to approve the application. Those conditions are listed in the motion.
MOTION: Mr. Williams made a motion to approve the application with the following conditions:
1. Septic System: Needs approval from the Clinton County Health Department.
2. Lights: Any exterior lights, other than the ones shown on the Site Plan, which are located on the building itself, need to be down cast lights.
3. Signage: Currently there is not a sign but if the SPCA wanted to erect a sign it needed to be brought back to the Planning Board for approval.
4. Parking Spaces: Each parking spot needs to be 9’ x 18’ and this needs to be modified and reflected on the site plan.
5. Trash: The trash receptacle would be placed on the slab where the old garage was located.
Second by Mr. Robinson.
ROLL CALL: Mr. Holderman – yes, Mr. Kanoza – yes, Mr. Robinson – yes, Mr. Williams – yes.
MOTION CARRIED.
4. SUBDIVISION MARK TURNER & MICHELE DUPREY
& SEQR: 2 Lot Subdivision on Forrence Way.
Mr. Kanoza was assigned to this application. He explained this proposed subdivision is really more or less a transfer and adjoining of this small piece of property, approximately ½ acre to Mr. Whisher’s property. It was recognized this request is to simply complete Mr. Whisher’s lot. Mr. Kanoza also made reference that back on September 21, 2006, the Zoning Board of Appeals approved the Area Variance Mr. Turner was applying for, under the condition that there be no further subdivision of the 51.2 acres. Mr. Turner concurred.
MOTION: Mr. Holderman moved to declare this an unlisted action and name the Town of Peru Planning Board as lead agency. Second by Mr. Williams.
ROLL CALL: Mr. Holderman – yes, Mr. Kanoza – yes, Mr. Robinson – yes, Mr. Williams – yes.
MOTION CARRIED.
Mr. Murnane went over the SEQR; the Planning Board concurred there are no negative impacts.
MOTION: Mr. Kanoza moved to declare this a negative declaration. Second by Mr. Williams.
ROLL CALL: Mr. Holderman – yes, Mr. Kanoza – yes, Mr. Robinson – yes, Mr. Williams – yes.
MOTION CARRIED.
MOTION: Mr. Kanoza made a motion to approve the application with the condition that the proposed piece of property be merged with Mr. Whisher’s property. Second by Mr. Robinson.
ROLL CALL: Mr. Holderman – yes, Mr. Kanoza – yes, Mr. Robinson – yes, Mr. Williams – yes.
MOTION CARRIED.
PLANNING BOARD MEETING
WEDNESDAY, JUNE 9, 2010
4. SUBDIVISION ROYCE THOMPSON
& SEQR: 2 Lot Subdivision on Fuller Rd.
Mr. Williams was assigned to this application and referenced the tax map diagram of Parcel #281.-1-32.113 outlining the proposed subdivision. The purpose of this subdivision is to create a conforming lot (150’ x 355’) for his Mr. Thompson’s daughter Ashley Thompson. The land was surveyed and the Board was presented with a Schedule A completed by the surveyor. It was acknowledged and accepted that under the current proposed plot plan submitted with the application, the home will need to be placed back an additional 100’ due to the proximity of the leech field across the road. It was recognized that all the set backs, to include the existing structures on the property are in compliance with the RL1 zoning requirements.
MOTION: Mr. Williams moved to declare this an unlisted action and name the Town of Peru Planning Board as lead agency. Second by Mr. Holderman.
ROLL CALL: Mr. Holderman – yes, Mr. Kanoza – yes, Mr. Robinson – yes, Mr. Williams – yes.
MOTION CARRIED.
Mr. Murnane went over the SEQR; the Planning Board concurred there are no negative impacts.
MOTION: Mr. Kanoza moved to declare this a negative declaration. Second by Mr. Robinson.
ROLL CALL: Mr. Holderman – yes, Mr. Kanoza – yes, Mr. Robinson – yes, Mr. Williams – yes.
MOTION CARRIED.
MOTION: Mr. Robinson made a motion to approve the 2 lot subdivision. Second by Mr. Williams.
ROLL CALL: Mr. Holderman – yes, Mr. Kanoza – yes, Mr. Robinson – yes, Mr. Williams – yes.
MOTION CARRIED.
ANY FURTHER BUSINESS:
Mr. Holderman wanted to discuss the appeal process of an application. There was much discussion on whether a “not approved” application is considered a “denied” application. Also discussed was if an application is considered “not approved” should the Board put in a motion to “deny” it and the possible ramifications of doing so or not doing so. There was also discussion of whether an applicant has the right to “appeal” the Board’s decision if an application is “not approved” rather than “denied”, and what that process might look like. It was recognized that the Board can and has in the past made “negative” motions. However it was also acknowledged the Board usually makes a positive motion to “approve” an application. It was established that regardless of the terminology, an applicant has the right to “appeal”. The time frame of an appeal was also discussed and it was established it needs to be within 30 days. This was simply a discussion thus there were no definite resolutions to all the matters being discussed. Mr. Holderman simply wanted to bring this to the Board’s attention in hopes for everyone to think about some of these types of issues as topics of discussion.
PLANNING BOARD MEETING
WEDNESDAY, JUNE 9, 2010
Donna Quero, Planning and Zoning Board Secretary, addressed the Board, asking if they would like the Minutes written noting just the motions, approvals and conditions, or if they would prefer having them written with more detail. The Board stated they prefer more detail rather than less detail. It was acknowledged that Minutes need not be verbatim. It was also acknowledged changes can be made to Meeting Minutes that have been recorded with the Town Clerk any time before the Board approves them. It was mentioned that technically the minutes should not be filed with the Town Clerk prior to being approved. Mr. Blaine affirmed that our regulations state, not considering the need of approval from the Board, that we need to have them filed with the Town Clerk within 5 days after the meeting.
CEO REPORT:
Mr. Blaine went over the Building Monthly Report. Stated there is one site built house under way but clearly people are still leaning toward manufactured homes. Stated there were permits issued for decks, pools, and fencing which is fitting this time of year. When asked where we stand in comparison to activity at this time last year, Mr. Blaine stated there is actually more activity this year than last.
ADJOURNMENT:
Mr. Williams moved for adjournment.
All so moved.
Date filed with Town Clerk: 6/24/10 ~ dq
Approved: July 14th, 2010
Posted: July 20th, 2010 under Planning Board News.