The Peru Gazette

Richard Williams, Chair of the Town of Peru Planning Board, called the meeting of Wednesday, May 12, 2010 at 7:00pm, to order.

ROLL CALL:

RICHARD WILLIAMS, CHAIR : PRESENT

DALE HOLDERMAN, VICE CHAIR : PRESENT

BETTY CORROW : ABSENT

ADELE DOUGLAS : PRESENT

JOHN KANOZA : EXCUSED

MARK ROBINSON : PRESENT

BENJAMIN WRIGHT : PRESENT ~ arrived @ 7:10pm

ERIC BLAISE (ALT) : ABSENT

PETER TROUT (ALT) : PRESENT

ATTY. THOMAS MURNANE : PRESENT

CEO: PAUL BLAINE : PRESENT

APPROVAL OF APRIL MINUTES:

The Board postponed voting due to there was not enough members present from the April meeting. Mr. Murnane 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.

PUBLIC HEARING:

1. SITE PLAN REVIEW: LEEWARD BABBIE

Site Plan Review for sign

Ms. Douglas who was assigned to Mr. Babbie’s application reiterated that at the March 10, 2010 meeting, Mr. Babbie’s Site Plan Review for Babbie Rural & Farm Learning Museum located at 250 River Rd. was approved with the stipulation that the sign design be submitted for approval. Mr. Babbie presented a sketch to the Planning Board which was shown in the presentation, along with his original site plan. It was established there are no lights expected at this time, but when they decide to put up lights, the lights need to point downward. It was also established the sign be set 10’ from the driveway and 25’ west to the edge of River Road, shown on the site plan. There was discussion as to whether the sign needed to follow the set back rules due to it is an agriculture use. It was determined that because the sign is not considered a structure it would not have to meet set back rules as this is what has been done in the past.

MOTION: Ms. Douglas made a motion to accept the proposed sign with the stipulation that when the lights are added they be down casted. Second by Mr. Holderman.

ROLL CALL: Mr. Holderman – yes, Ms. Douglas – yes, Mr. Wright – yes, Mr. Trout – yes,

Mr. Williams – yes. MOTION CARRIED.

2. SITE PLAN REVIEW: S. BAZZANO, INC.

Site Plan Review to construct an addition to

Pasquale’s Pizzeria located at 2931 Route 22

Mr. Robinson said he reviewed the application and would like to open up the floor for any concerns or discussion before he goes over the Site Plan Review. Mr. Blaine asked to take the floor to go over the project through the photo presentation. He referred to the original site plan which was approved for the project back in 2005/2006. He referred to the new floor plan submitted by the applicant showing the expanding seating area to increase the total seating capacity to 123 persons. He referred to the new site plan which was submitted on a survey map showing the locations of the parking spaces and the change of the ramp to the north end of the building. Mr. Blaine stated this application was referred to the Clinton County Planning Department because of the location and referenced the CCPB decision and encouraged the Board Members to review those findings as well as an aerial photo that was included with their response. Mr. Blaine made reference to the photos taken from the roof top of the structure showing the parking lot, which were submitted by Scott which were included in the packets. He also referenced two letters of concerns submitted by a neighbor along with a letter from Mr. Blair offering his parking lot for future use.

Mr. Murnane asked to go over the traffic flow. Sandy Bazzano took the floor, she stated they basically have two entrances on the property; one is by the take out building which is the entry and exit for the customers, the other entrance is at the south end of the parking lot and that is used for take out and delivery. She explained the traffic flow has never been an issue. Mrs. Bazzano stated most deliveries come in on long bed trucks and are done before noon when the parking lot is mostly empty. She did make note that they have one tractor trailer that comes on Monday afternoon between 4pm and 7pm, and has no problems. Ms. Douglas made reference to the Pepsi truck making their delivery on Route 22. Mrs. Bazzano stated the Pepsi truck does park out on Route 22 by the take out building but is never there more than 20 minutes. Mr. Holderman made reference to the fact that it is a state law that vehicles cannot unload on a state highway. It was established that the driver be asked to come onto the property to make his delivery. Mrs. Bazzano said she would advise the driver of that.

After much discussion about parking availability to customers, it was established that the employees will park in Mr. Blair’s parking lot located on Union Road which will free up many spaces in the parking lot. Mrs. Bazzano stated they have outlined 39 or 40 spaces, which the Ordinance says you need to have one space for every four people, which will give an occupancy of 156 to 160 which is well below the seating capacity they are seeking, thus they are in compliance.

Ms. Douglas referred back to the fact that the original site plan had a tree line and would like to see that kept in place. Mrs. Bazzano stated that due to the salt on the roads, they are concerned with how well new cedars will do; therefore, their intention is to put split rail fencing all the way around. Mr. Holderman brought up his concerns with the fact that the neighbors on 810 Union Road are not buffered at all. He referenced that this was one of his main concerns with the original site plan. He asked what was going to be done about that. Mrs. Bazzano stated again, their intention was to bring that fence around. Mr. Holderman stated that split rail fence is not going to do justice for the neighbors. It was mentioned that house is under contract, sale pending and can be addressed with the new owners. Mrs. Bazzano referred back to the fact that in the original site plan they wanted a retaining wall but the neighbors did not want that and that is why they ended up with the berm system. The importance of the tree line was mentioned again, it was established it was taken down by Verizon due to the fact that the pole on the tree line is the main feed to Harkness, and further stated the tree line was encroaching on that pole, and that is the reason the tree line does not exist on that side.

Mr. Bazzano stated that he was considering removing the cedar hedges down by the garbage dumpster and replacing with a stockade type fence. That was not an idea that was welcomed. Thus, it was ultimately established that the cedar hedges that are on the property are to remain. It was also established that the split rail fence, which is set in cement posts is to be put all the way down the south side of the property and around onto Union Road with cedar trees/shrubs interspersed every 20 feet or so. Paving the parking lot was also talked about and both Sandy and Scott Bazzano said they have all intentions of paving the driveway in the next 2 years.

Mr. Don McBrayer stated he is very much in favor of the expansion of the restaurant; however, he did want the Planning Board to consider his concerns which he had outlined in detail in two separate letters. He spoke about how his fence had been being used a retaining system for Pasquale’s driveway which created some damage. He stated he recently signed a $6K contract to put in a new fence system to fix the problems to his property line that were created by Pasquale’s driveway. He showed the Planning Board photos he had taken on his mobile device showing the damage that was caused to his property. Mr. McBrayer voiced his concerns that by expanding the bar area it is just the natural progression of the bar business to stay open later thus creating more noise which effects the residents. His request is to simply limit the hours of operation. It was asked what the current operating hours are. Mrs. Bazzano said the current hours are from 11am to sometimes around 1am on the weekends and they serve food until 10pm. She further stated that during the week the bartenders are usually out by 11:30pm. There was much discussion and audience participation regarding the noise concerns posed by Mr. McBrayer. Mrs. Bazzano stated the reason for the expansion is to add additional seats for dining not for the bar patrons. She said the expansion is only going to add an additional four or five bar stools. She further commented that they are in the restaurant business not the bar business and their intention is to continue on in that manner.

Mr. McBrayer also requested the Planning Board to consider requesting Pasquale’s to make the door to the deck on the south side an emergency exit only as to persuade the patrons from going out there to smoke. His concern is the fact that the conversations tend to get louder and more offensive the later it gets with more alcohol consumption. He suggested designating a smoking area on the north end of the building.

After much discussion and debate amongst some audience members, the Board established it was not a good idea nor in anyone’s best interest to have a smoking area near the entrance, primarily because they do not want the customers to have to walk through smoke either upon entering or exiting the restaurant. The NY Smoking Law was mentioned but no one was certain of exactly how the law is written. It was established that the deck it to remain as it is. It was recognized it would be a difficult task to enforce patrons to a designated smoking area in the back but it was agreed that Pasquale’s would put up some signs directing patrons to the back of the building to smoke. It was also established that a downcast light shall be put into place out back for that area.

Bands and DJ’s were discussed. Mr. McBrayer wanted assurance that no DJ’s or bands after 11pm. Mrs. Bazzano stated the occasional party held with a DJ in the past, three to date to be exact; there were never any issues or complaints by the neighbors. She said does not want to be precluded from having the occasional DJ or band to accommodate the customer who is having a special party, wedding, etc. and wants music to be played at their event. Mr. Murnane made note that this is not a variance; it is an allowed use in that zone. The potential need for security was mentioned by Mr. McBrayer. Mrs. Bazzano stated they have never had to ask a patron to leave the restaurant because they were being disorderly. Mrs. Bazzano reiterated several times that their intention is not to build up their bar business but to continue to cater to the dining patrons by feeding them good Italian food, she even referred to their customers as family and they want to continue to cater to their customers they way they always have.

It was ultimately established that although everyone needed to be respectful of the McBrayer’s concerns, the fact remains his concerns are more of a projected nature and any future noise ordinance that is adopted by the Comprehensive Planning Committee will be the means in which to address any noise issues should they arise. It was also referenced that although there are residents in the area, this is a commercially zoned area.

Mr. Robinson went over the Site Plan Review with no negative comments made by the Planning Board.

MOTION: Mr. Holderman made a motion to approve the application with the following conditions:

1.) Any sign/signage that is to be erected on the property be returned to the Planning Board for consideration.

2.) The existing cedars on the northwest side are to remain and the rest of the area on the west side is to have 20’ sections of split rail fence with cedar trees between each section, to follow up the south property line to the existing cedars.

3.) Signs are to be placed on the south end of the building directing patrons to smoke in the designated area on the west side of the building.

4.) A downcast light shall be installed for the smoking area.

Second by Mr. Wright.

ROLL CALL: Mr. Holderman – yes, Mr. Robinson– yes, Ms. Douglas – yes, Mr. Trout – yes,

Mr. Wright – yes, Mr. Williams – yes.

MOTION CARRIED.

3. SUBDIVISION ROSALIND & VITO PRISCIANDARO

& SEQR: Four Lot Minor Subdivision at 76 McGarr Rd.

Mr. Wright was assigned to the application and said he had contacted the Prisciandaro’s and the application was very straight forward. He stated they are looking to subdivide one parcel into four lots; all meeting frontage and minimal lot requirements. Mr. Blaine wanted to mention this area is in the APA and he proceeded to go through and explain the photo presentation. Mrs. Prisciandaro said they have contacted the APA and the APA needs the Town’s response before they give a final approval, it was mentioned by Mr. Prisciandaro that this property is located in the yellow district and the APA stated they can foresee no problems.

MOTION: Mr. Holderman moved to declare this an unlisted action and name the Town of Peru Planning Board as lead agency. Second by Mr. Wright.

ROLL CALL: Mr. Holderman – yes, Mr. Robinson – yes, Ms. Douglas – yes, Mr. Wright – yes, Mr. Trout – yes, Mr. Williams – yes.

MOTION CARRIED.

Mr. Murnane went over the SEQR; the Planning Board concurred there are no negative impacts.

MOTION: Mr. Wright moved to declare this a negative declaration. Second by Mr. Holderman.

ROLL CALL: Mr. Holderman – yes, Mr. Robinson – yes, Ms. Douglas – yes, Mr. Wright – yes,

Mr. Trout – yes, Mr. Williams – yes.

MOTION CARRIED

MOTION: Mr. Wright made a motion to approve the application with approval from the APA.

Second by Mr. Trout.

ROLL CALL: Mr. Holderman – yes, Mr. Robinson – yes, Ms. Douglas – yes, Mr. Wright – yes,

Mr. Trout – yes, Mr. Williams – yes.

MOTION CARRIED.

4. SITE PLAN REVIEW: ANDREA DESOTELL

Beauty Shop at 3065 Main St.

Mr. Kanoza was assigned to the application. He was excused due to a prior engagement however he did write up his thoughts and recommendations. Mr. Williams went over what Mr. Kanoza had written. Mrs. Desotell explained the reason for her move is due to parking issues at her present location. It was noted that Mrs. Desotell would need to apply for a Building Permit as this is a new business.

MOTION: Mr. Wright made a motion to approve the application. Second by Mr. Trout.

ROLL CALL: Mr. Holderman – yes, Mr. Robinson – yes, Ms. Douglas – yes, Mr. Wright – yes,

Mr. Trout – yes, Mr. Williams – yes.

5. SUBDIVISION LEWARD LAMOY

& SEQR: Four Lot Minor Subdivision on Fuller Rd.

Mr. Holderman was assigned to this application. Mr. Blaine provided the development history for the parcel. A parcel in the Northeast corner of this property first appeared on the 2007 tax maps as Lot #32.113. Another parcel in the Southeast corner of this property appeared on the 2010 tax maps as Lot #32.114. There was much discussion on how this happened but it was ultimately established that regardless of how things unfolded, the lots did not receive Town approval and now is the time for it be rectified. Mr. Murnane stated that this application will correct two lots that had been created without approval by the Town of Peru Planning Board.

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. Robinson – yes, Ms. Douglas – yes, Mr. Wright – yes,

Mr. Trout – yes, Mr. Williams – yes.

MOTION CARRIED.

Mr. Murnane went over the SEQR; the Planning Board concurred there are no negative impacts.

MOTION: Mr. Wright moved to declare this a negative declaration. Second by Mr. Robinson.

ROLL CALL: Mr. Holderman – yes, Mr. Robinson – yes, Ms. Douglas – yes, Mr. Wright – yes,

Mr. Trout – yes, Mr. Williams – yes.

MOTION CARRIED.

MOTION: Mr. Holderman made a motion to approve the four lot subdivision, taken from the “Proposed 4 lot subdivision” sketch, with the following conditions:

1.) Parcel #32.111 (Lot #1) to be merged with parcel #32.113 (2.5 acre).

2.) Parcel #32.114 (Lot #4) to be merged with parcel #32.112 (5.2 acre).

3.) Lots 2 & 3 will remain as shown on the sketch.

Second by Mr. Wright.

ROLL CALL: Mr. Holderman – yes, Mr. Robinson – yes, Ms. Douglas – yes, Mr. Wright – yes,

Mr. Trout – yes, Mr. Williams – yes.

MOTION CARRIED.

ANY FURTHER BUSINESS:

None.

CEO REPORT:

Mr. Blaine went over the Building Monthly Report. Stated there is a new site built house being built on River Rd. Site built homes do seem to be down and people are leaning toward double-wide homes and modular homes. He stated there was an enforcement action on a piece of property located on the corner of Brand Hollow and Route 22 for open storage, appliances and unregistered vehicles. Mr. Wright asked if fines were issued regarding the dumping on Patent Road. Mr. Blaine said no fines were issued by his office but was told by the DEC officer they were adamant that the fine of $1500 would not be reduced.

ADJOURNMENT:

Mr. Williams moved for adjournment.

Second by Mr. Robinson.

All moved for Adjournment.

Date filed with Town Clerk: June 10, 2010

Approved: August 11, 2010