Dental clinic planned for Bear Swamp Rd.
James Falvo, Vice Chair of the Town of Peru Zoning Board of Appeals, called the meeting of Wednesday, May 18th, 2011 at 7:05pm to order.
ROLL CALL:
LEON BLAIR, CHAIR: EXCUSED
JAMES FALVO, VICE CHAIR : PRESENT
ROB BASHAW : PRESENT
LAWRENCE BOSLEY: PRESENT
FRANK DENCHICK : EXCUSED
TOM FUSCO: EXCUSED
DON MCBRAYER : PRESENT
ATTY. THOMAS MURNANE : PRESENT
CEO: FRANK SLYCORD: PRESENT
APPROVAL OF APRIL MINUTES:
MOTION: Mr. McBrayer made a motion to table the April Minutes due to attendance.
Second by Mr. Bosley.
ROLL CALL: Mr. Bashaw ~ yes, Mr. Bosley ~ yes, Mr. McBrayer ~ yes, Mr. Falvo ~ yes.
MOTION CARRIED.
PUBLIC HEARING:
Mr. Falvo stated because there is not a full board tonight if any applicant would like to table their application until next month they could do so. Neither applicant opted to table their application at this time.
1. APPLICATION: ALAN MICHAUD, D.D.S.
Special Permitted Use ~ 752 Bear Swamp Rd.
This application was referred to CCPB and it met their approval. It was recognized this property is located in H-3 Zoning District, which is located west of the Post Office. The applicant is applying for a Special Permitted Use to open a “dental clinic” as defined under Hospital according to the Zoning Ordinance. It was recognized Dr. Michaud did in fact purchase the property from Mr. Hartigan since the application was submitted. Dr. Michaud was present along with his project engineer Tom LaBombard. Dr. Michaud explained his intention is to open the dental clinic as a part-time practice to be open one day a week, with 2 dental chairs and 4 employees to include himself, an assistant, a hygienist, and an office manager. He stated he may try to be open 2 or 3 days a week in the future. The topic of parking was of particular concern to the ZBA. Mr. LaBombard addressed the board to explain the submitted plan. The plan has 8 parking spaces and a handicap-ramp, which are all located to the front and side of the building. There was question as to how many parking spaces were in fact required by code and it was established 8 spaces are sufficient given the number of patient/chairs, employees, and the sq. ft. of gross leasable area.
There was much discussion regarding parking, traffic flow, and safety. The placement of the parking spaces and the handicap-ramp were of the most concern given the size and lay out of the driveway and proximity to the road. There was some brief discussion as to the possibility of moving the majority of the parking to the rear of the property, leaving one or two spaces along with the handicap-ramp in the front. Dr. Michaud stated he was very open and willing to try and meet whatever requirements the Board proposed. Jane Alexander, Susan Wagner, Marge Edwards and Steve LaBounty are homeowners in that neighborhood who were in attendance. They emphatically expressed their concerns for this project, which were many, to include zoning, traffic flow, safety, and what the future would hold for this property when Dr. Michaud should close the dental clinic. It was recognized by the ZBA that if a Special Permitted Use is granted to Dr. Michaud, according to the Zoning Ordinance, “a special permit shall expire if the special use shall cease for more than six months for any reason”. The neighbors wanted it recognized that they believe Davey Drive is a much more suitable area for this proposed project as it has already been designated for commercial development. They were very passionate about the fact that the said property was built as a single family dwelling and they want it to remain as such. They were also very vocal about their displeasure with the ZBA continuing to allow commercial development in the H-3 zone. Dr. Michaud stated it was to his understanding that in the new proposed Comprehensive Plan, the future zoning of this area is commercial. It was confirmed by the ZBA that this area is primarily zoned as commercial in the proposed Comprehensive Plan, but it was further recognized that plan is not in place yet and it is the ZBA responsibility and obligation to consider all aspects of any proposed project based on the current Zoning Ordinance on an individual basis. Susan Wagner presented to the ZBA a copy of the said Covenants for the neighborhood. The neighbors were of the opinion the Town needed to support and uphold these Covenants. It was recognized by the ZBA Council, in general, concerning any Covenants, it is not the Town’s responsibility to enforce or uphold them. In fact, in most cases, it would be considered a civil matter and ultimately it would be the right and responsibility of an individual (s) to file a law suit against the subject who they believe is in violation of any said Covenant to which they deem directly affects them. There was much debate regarding all the foresaid issues amongst the neighbors, the ZBA, and Dr. Michaud. The neighbors requested the ZBA to seriously consider their concerns, their desires, and their rights as homeowners and as long time residents of this neighborhood before approving Dr. Michaud’s proposed dental clinic. Dr. Michaud was very receptive to the neighbor’s concerns as well as any requirements imposed by the ZBA. Thus, he requested this application be tabled until next month in order for him and his project engineer to reevaluate the parking plan as well as to address traffic flow, buffering, signage, and lighting issues in much more detail. “As Built” views, to scale, of the front, sides, and rear of the building were requested by the Board to be included in a revised plan.
MOTION: Mr. Bashaw moved to table this application until next month pending additional information. Second by Mr. McBrayer.
ROLL CALL: Mr. Bashaw ~ yes, Mr. Bosley ~ yes, Mr. McBrayer ~ yes, Mr. Falvo ~ yes.
MOTION CARRIED.
2. APPLICATION: SUSAN & KIRK POLHEMUS
Special Permitted Use ~ 3452 Route 22
This application was referred to CCPB and it met their approval. Mrs. Polhemus was present along with Keith Mattot who explained the application to the ZBA. He acknowledged this property is located in RL-1 and explained the applicants are applying for a Special Permitted Use to reopen a recreation facility formerly known as Hardcore Fitness and Tanning, which was approved by this Board back in 2007.
It was acknowledged the reason the applicants needed to reapply for the Special Permitted Use is because this facility has been closed for more than the time allowed per the Town of Peru Zoning Ordinance. Mr. Mattot stated the applicants may possibly eliminate the tanning bed aspect of the business but everything else is to remain as is in the building, to include all the work out equipment. The proposed hours of operation are 5:30 am to 10pm. It was noted that on special occasions there may be some outside kid camps and/or activities to be held during day time hours thus it would be considered an inside/outside recreation facility. It was recognized that the applicants will do some upgrading to the landscaping and minor exterior projects to improve the outside appearance. It was also noted the existing sign will be used however it will be reworked and it may need to be relocated on the property but the sign design and location will be presented to the Planning Board during their Site Plan Review which is scheduled to be heard on the June Agenda. A SEQR was prepared by the applicant.
MOTION: Mr. Bashaw moved to declare this an unlisted action and name the Town of Peru Zoning Board as lead agency. Second by Mr. Bosley.
ROLL CALL: Mr. Bashaw ~ yes, Mr. Bosley ~ yes, Mr. McBrayer ~ yes, Mr. Falvo ~ yes.
MOTION CARRIED.
Mr. Murnane went over the SEQR; the Zoning Board concurred there are no negative impacts.
MOTION: Mr. McBrayer moved to declare this a negative declaration. Second by Mr. Bashaw.
ROLL CALL: Mr. Bashaw ~ yes, Mr. Bosley ~ yes, Mr. McBrayer ~ yes, Mr. Falvo ~ yes.
MOTION CARRIED.
MOTION: Mr. McBrayer moved to approve the application contingent upon approval from the Planning Board. Second by Mr. Bashaw.
ROLL CALL: Mr. Bashaw ~ yes, Mr. Bosley ~ yes, Mr. McBrayer ~ yes, Mr. Falvo ~ yes.
MOTION CARRIED.
ANY FURTHER BUSINESS:
No further business.
CEO REPORT:
No report to be submitted.
ADJOURNMENT:
Mr. Bosley moved for adjournment.
All so moved.
Date filed with Town Clerk: 5/23/11
Approved: 9/21/11
Posted: September 22nd, 2011 under Peru/Regional History, Zoning Board News.