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Planning Board May minutes approved

Richard Williams, Chairman of the Town of Peru Planning Board, called the meeting of Wednesday, May 9th, 2012 at 7:00 pm to order.

PLEDGE OF ALLEGIANCEROLL CALL:

RICHARD WILLIAMS, CHAIR: PRESENT

BENJAMIN WRIGHT, VICE CHAIR : PRESENT

ADELE DOUGLAS : PRESENT

JOHN KANOZA : ABSENT

MARK LUKENS : PRESENT

MARK ROBINSON : PRESENT

KARA MCBRAYER: PRESENT

ATTY. THOMAS MURNANE: PRESENT

CEO: FRANK SLYCORD: PRESENT

APPROVAL of April 2012 Minutes.

 MOTION:  Mr. Williams made a motion to table the April Minutes due to attendance. Second by Mrs. Douglas.

ROLL CALL: Mr. Wright ~ yes, Mrs. Douglas ~ yes, Mr. Lukens ~ yes, Mrs. McBrayer ~yes, Mr. Robinson ~ yes, Mr. Williams ~ yes.  MOTION CARRIED.

PUBLIC HEARING:

1.      SUBDIVISION & SEQR: CARRIE BRASHEAR, 2 Lot Subdivision ~ Dashnaw Rd.      

Ms. Brashear and Attorney Gary Favro were present.   Mr. Slycord briefly went over the application.  Mr. Murnane went on to explain in detail the history and ultimate goal of this project.  Ms. Brashear wants to subdivide Parcel #269.-2-29.1(23.3 Acres) into 2 lots.  She intends to retain 3 acres which houses her single family residence and sell the remaining 20+ acres to Remillard Farms for agricultural purposes.  This property has never had its own road frontage but it does have a deeded right of way which will ultimately go with the 3 acres, or if you will, the single family residence if this subdivision is approved which will leave the 21+ acres with no access.  William and Janet Giroux’s property abuts these 21+ acres and they have entered into a legal contract with Remillard Farms for a permanent transferable right-of-way to the 21+ acres of property.  Ms. Brashear needed to apply for an Area Variance for that right-of-way.  The Town of Peru Zoning Board of Appeals heard that application and approved the Area Variance on 4/18/12 conditional upon Planning Board approval of this application, acceptable language needing to be written into the deeds pertaining to development restrictions for the 21+ acre parcel, as well as to reference the right-of-way between the Giroux’s and Remillard Farms; which was to be reviewed and approved by Attorney Murnane.  Attorney Murnane stated he and Attorney Favro have agreed on the details of the language and that information will be forwarded, for the record, to the Codes Office.  Mr. Robinson inquired about the terms of the right-of-way between the Giroux’s and Remillard Farms and Attorney Favro answered the question to the Board’s satisfaction based on the contractual agreement between both parties.  The Board had no further questions or comments.    It was acknowledged a SEQR was required.

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

ROLL CALL: Mr. Wright ~ yes, Mrs. Douglas ~ yes, Mr. Lukens ~ yes, Mrs. McBrayer ~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. Wright moved to declare this a negative declaration.  Second by Mrs. McBrayer.

ROLL CALL: Mr. Wright ~ yes, Mrs. Douglas ~ yes, Mr. Lukens ~ yes, Mrs. McBrayer ~yes, Mr. Robinson ~ yes, Mr. Williams ~ yes.

MOTION CARRIED.

MOTION:  Mr. Wright made a motion to approve this application as submitted.  Second by Mr. Lukens.

ROLL CALL: Mr. Wright ~ yes, Mrs. Douglas ~ yes, Mr. Lukens ~ yes, Mrs. McBrayer ~yes, Mr. Robinson ~ yes, Mr. Williams ~ yes.

MOTION CARRIED.  

ANY FURTHER BUSINESS:

None.

CEO REPORT:  Mr. Slycord stated Building Permits are on the rise and the Codes Office has been very busy.  He also noted there are several Planning & Zoning Board Applications being submitted for review.  He stated there is an Order Not to Occupy at a residence on Route 22 as the result of many violations.  He stated the owner is working very hard on getting the property cleaned up so the Order can be removed.  He also addressed the property on North Bend St., which has been a source of many complaints and violations over the years and resulted in an Order Not to Occupy.  The next door neighbors have recently complained that the owner is not making any effort to clean-up this property and in fact is exacerbating the situation by bringing more “stuff” onto the property to include an unregistered vehicle.  Mr. Slycord stated he called the owner and emphatically expressed the seriousness of staying proactive in the clean-up effort by paying particular attention to the importance of conveying in no uncertain terms that no more “stuff” is to be brought onto the property.  He said the owner agreed.  He stated when he addressed the unregistered vehicle the owner claims it is registered.  He concurred the owner is not residing at this residence yet is continuing to work with a local agency and they claim they are staying true to the clean-up effort.  Mr. Slycord concluded by acknowledging that even though he is sympathetic to the challenges the owner faces and remains hopeful, he realizes he has to monitor the property regularly and stay in close contact with the owner in order to keep them moving forward with the clean-up process.

ADJOURNMENT:

Mr. Williams moved for adjournment @ 7:25 p.m.  Second by Mrs. Douglas.  All so moved.

Minutes Approved:  6/13/12

Date filed with Town Clerk:  6/14/12