Leon Blair, Chairman of the Town of Peru Zoning Board of Appeals, called the meeting of July 21, 2010 to order at 7:00 pm.

ROLL CALL:

LEON BLAIR, CHAIRMAN : PRESENT

JAMES FALVO, VICE CHAIRMAN : PRESENT

ROB BASHAW : PRESENT

FRANK DENCHICK : PRESENT

TOM FUSCO : PRESENT

ROY ZALIS : PRESENT

LAWRENCE BOSLEY (ALT) : EXCUSED

DON MCBRAYER (ALT) : PRESENT

ATTY. THOMAS MURNANE : PRESENT

CEO PAUL BLAINE : PRESENT

APPROVAL OF JUNE MINUTES:

MOTION: Mr. Falvo made a motion to approve the June minutes with an amendment regarding Casella’s request for an extension; specifically noting legal counsel was not present at the June meeting nor was the request properly posted to the public, and based on these facts, the Board did not act on the request for an extension and requested Casella to submit the proper paperwork to the Codes Office and be placed on the July Agenda.

Second by Mr. Fusco.

ROLL CALL: Mr. Falvo – yes, Mr. Bashaw – yes, Mr. Denchick – yes, Mr. Fusco – yes,

Mr. Zalis – yes, Mr. McBrayer – yes, Mr. Blair – yes.

MOTION CARRIED.

PUBLIC HEARING:

1. APPLICATION: FORRENCE ORCHARDS II

Area Variance & SEQR ~ River Rd.

Mr. Blaine explained the applicant is seeking to construct an addition to their facility on River Road and are in need of a 6’ set back variance. He also stated the applicant did appear in front of the Planning Board on July 14, 2010 and the Planning Board did approve the Site Plan Review of the proposed addition contingent upon the approval of the area variance from the Zoning Board of Appeals. He also mentioned this application was sent to the CCPB and came back as a local issue. Mr. Peter Forrence, Mr. Seth Forrence and Mr. Aaron Ovios were present to answer any questions. Mr. Ovios did concur with Mr. Blaine and added the fact that the 6’ set back they are seeking is toward the back corner of the lot. The water line was mentioned and Mr. Ovios stated they are working concurrently with both NYSEG and the Town of Peru. The use of the building was also brought up and Mr. Ovios said the use of the building was not changing and there would be no retail activity.

MOTION: Mr. Bashaw made a motion to declare this an unlisted action and name the Town of Peru Zoning Board of Appeals as lead agency.

Second by Mr. Falvo.

ROLL CALL: Mr. Falvo – yes, Mr. Bashaw – yes, Mr. Denchick – yes, Mr. Fusco – yes,

Mr. Zalis – yes, Mr. McBrayer– yes, Mr. Blair – yes.

MOTION CARRIED.

Mr. Murnane went over the SEQR; the Zoning Board of Appeals concurred there are no negative impacts.

MOTION: Mr. McBrayer moved to declare this a negative declaration.

Second by Mr. Bashaw.

ROLL CALL: Mr. Falvo – yes, Mr. Bashaw – yes, Mr. Denchick – yes, Mr. Fusco – yes,

Mr. Zalis – yes, Mr. McBrayer– yes, Mr. Blair – yes.

MOTION CARRIED.

MOTION: Mr. Bashaw made a motion to approve the application.

Second by Mr. Fusco.

ROLL CALL: Mr. Falvo – yes, Mr. Bashaw – yes, Mr. Denchick – yes, Mr. Fusco – yes,

Mr. Zalis – yes, Mr. McBrayer– yes, Mr. Blair – yes.

MOTION CARRIED.

1. APPLICATION: CASELLA CONSTRUCTION

Amendment of Approval ~ 48 Cook Rd..

Mr. Blaine went over the progress of the project as he went through the many photos of various views of the property, to include the tree line and vegetation. Mr. Blair wanted to acknowledge to the Board that Casella is no longer seeking an extension for the project, they are now just requesting to amend the shrub barrier and screening as outlined in the Site Plan. The property owner Rhonda Dergham was present as well as Don Crowe from Casella. Mr. Crowe stated the owner would like to do away with the majority of the shrub barrier (shown in brown) as outlined in the Site Plan but wants to maintain what is currently outlined around the south end corner of the property on Cook Road as well as to fill in the area around the north end of the pond with shrubs and trees, as it currently shows on the site plan as being quite sparse. He further explained they have uprooted and replanted several large trees intermittently along the east side of the pond to provide the owner the privacy she wants as well as to fulfill the protective barrier requirements as outlined in the site plan.

Mr. Falvo stated he has serious concerns as the applicant is not complying with the agreement and they have not met one deadline. He stated the reasons for the shrub barriers was to hold the soil in place that has been being disturbed, to protect the nearby wetlands as well as to protect and prevent anyone or any wildlife from wandering into the two acre pond. It was noted by Leon Blair that the shrub barrier was the reason why the Board walked away from requiring a fence be placed around the entire pond. Mr. Falvo also mentioned the shrub barrier was to be in addition to the trees and vegetation that are already on the property and it was never the intention of the Board to have the property owner remove or relocate any of the existing trees or vegetation on the property. The shrub barrier as outlined in the site plan was to be in addition to what is already there.

Mr. Falvo reiterated the Board had concerns from the beginning of this project and they had in fact felt so strongly about this, that it was a stipulation in the motion to approve the project that the landscaping must be done to match the landscaping shown in the Site Plan. He further declared the applicant is now asking to remove the stipulation that was a key factor in approving the project in the first place and the request to amend the landscaping should have been done long before now; at the completion of the project.

Ms. Dergham stated she respects and understands the Board’s concerns and will comply to the agreed shrub barrier if need be, but as a property owner she feels she has the right to change her mind, particularly in view of the fact that prior to the actual construction of the pond, she was not aware of how much of the natural habitat would actually be able to serve as a protective barrier. She also said she would prefer to not disturb any of the existing natural vegetation and would have to in order to plant shrubs in accordance to the site plan. She said the natural habitat on the east side of the pond, which is a very thick and heavy tree line and vegetation, will actually serve as a better protective barrier than the planting of low lying shrubs as according to the site plan. Mr. Crowe affirmed the density of the vegetation on the east side of the pond by saying that as a grown man he struggled to get through it. It was also mentioned that there is a barbed wire fence that runs through that tree line and all that heavy brush and vegetation bordering the east side of the pond.

There was much discussion and some debate between some of the Board members as well as to include Mr. Crowe and Ms. Dergham regarding the shrub barrier actually serving as privacy, screening, and protection for both humans and wildlife. Both Mr. Fusco and Mr. Bashaw agreed that the shrub barrier as outlined on the Site Plan will not deter anything and/or anybody from entering that pond if they want to and concurred with Ms. Dergham and Mr. Crowe.

MOTION: Mr. Bashaw made a motion to approve the application; the Board set forth the following conditions:

1. The shrub barrier (shown in both brown and green) on the south end corner of the property located on Cook Road is to remain as outlined on the site plan.

2. Applicant needs to place a shrub barrier as sufficient screening in the 100’ to 120’ area at the north end of the pond as well as in the 50’ to 60’ beach area at the south end of the pond on Cook Road.

3. Completion date is to remain August 31^st, 2010.

4. Sufficient screening/shrub barrier was defined as evergreens.

Second by Mr. Fusco.

ROLL CALL: Mr. Falvo – no, Mr. Bashaw – yes, Mr. Denchick – yes, Mr. Fusco – yes,

Mr. Zalis – yes, Mr. McBrayer– yes, Mr. Blair – yes.

MOTION CARRIED.

CEO REPORT:

Mr. Blaine went over the Building Monthly Report with no questions or comments from the Board. He mentioned the Town Board held a workshop regarding property conditions and the Town is encouraging more enforcement. They have also permitted a complaint form be put on the website which will be very user friendly and allow complaints to be electronically submitted to the Code Enforcement Official’s email directly. He also referenced information handed out to the Board members pertaining to other various Planning and Zoning workshops being held through the month of July.

ANY FURTHER BUSINESS:

Mr. McBrayer said he would like to be a full Board member rather than an alternate and would like the Board to consider this. He also made reference to the noise ordinance. After some discussion it was acknowledged that given how it is written in the Zoning Ordinance, unfortunately no entity, referring to either the Planning Board or Zoning Board of Appeals, or person, specifically referring to the Code Enforcement Official, has the authority to enforce it. The Comprehensive Plan was mentioned and it was determined it will ultimately be for the Town Board to adopt it as a local law thus making it enforceable by the Code Enforcement Official.

ADJOURNMENT:

Motion Made by Mr. Falvo.

Second by Mr. Bashaw.

Voice Vote.

All so moved.

Date filed with Town Clerk 7/28/10