1. Call to Order: The regular meeting of the LeRay Planning Board was called to order by Chairman Fred Tontarski at 6:30 p.m. in the LeRay Meeting Room, Evans Mills, N.Y.

2. Roll Call: Board members present: Larry Covell, Al Cameron, Fred Tontarski, Sam Biondolillo, Steve Putney, Karl Vebber, and Jerry Hobbs. Zoning Enforcement Officer - Dean Russell, Community Development Coordinator - Jessica Jenack and Clerk to the Supervisor - Steve Harter.

Other Attendees: Brad Hill -Spectra, Larry Haukaas, Marc Goldstein- Columbia, Doug Marris, Jim Sharp-, Joe Durand-TDK, Claire Raible, Tim Drake, Paul Drake, Nick Zimmerman, John Stevens-NNY Homes, Martin Schrodt, Guy Javerone, Larry Lacey, Steve Knight, Robert Lake, Merle Otis, Walter Van Tassel, Tim Clement , Wayne Petty.

3. Reading and Approval of Minutes: The minutes for January 4, 2007 were received, and there were no modifications. Mr. Vebber made a motion to approve the minutes. Mr. Cameron seconded the motion, which carried with a vote of 7-0.

4. Correspondence and Communication: None

5. Unfinished Business:

Preliminary Site Plan Review to operate an existing restaurant and bar to be referred to as the Ugly Stick Saloon II located along Rt. 283 and Rt. 342.

At the January 4, 2007 meeting the Board requested more information from Ms. Hall and asked that more vegetation be added on the side towards the trailer park. On her behalf, Mr. Lacey presented the Board with a written proposal and a revised Site Plan that showed the additional vegetation. The comments from the County Planning Board were reviewed.

The SEQR environmental review was able to be finalized due to changes to the Site Plan and the addition of the requested information from the applicant. A motion for the Planning Board to act as Lead Agency on an Unlisted Action and to conduct an Environmental Review was made by Mr. Vebber and seconded by Mr. Cameron. This motion passed 7-0. Based on the information and analysis, it was determined that the proposed action would not result in any significant adverse environmental impact. A motion was made to declare a Negative Declaration by Mr. Putney and seconded by Mr. Cameron. This motion passed 7-0. A motion to deem the application complete was made by Mr. Cameron and seconded by Mr. Hobbs. This motion passed 7-0.

The matter concerning the sign will be turned over to Mr. Russell, the Zoning Enforcement Officer.

There was discussion regarding handicap parking. Mr. Lacey stated that the handicap parking will be labeled and the spaces will be made larger. The business will close at 2:00 a.m. on days of operation.

Mrs. Jenack reported that the DEC had granted the Sanitary Sewer Extension and per the Board’s agreement at the December 7, 2006 meeting, the Chairman stamped the plans once this issue was resolved. A letter was sent to Mr. Archangel granting Final Subdivision Approval.

Spectra – Preliminary Subdivision Review:

The Chairman asked Mr. Hill for more information regarding the subdivision before it could be acted on.

Mr. Covell expressed concerns over the sale of the property to Spectra. Mr. Brad Hill addressed the issues from Kris Dimmick’s letter. Mr. Hill had received an email from Ann Rice of the DEC stating that the DEC does not have to approve their Sewer lateral. The correspondence between Mr. Dimmick and Mr. Hill was dated January 25, 2007. Mr. Hill sent a response on January 26, 2007 and the DEC letter was dated January 30, 2007.

As a cost savings measure, Spectra wanted to utilize overhead utilities arguing that this would keep them consistent with Wal-mart. The Board however insisted that the lines be underground. Mr. Dimmick also suggested that the Board consider what type of guard rail they want at the top of the bank. The County Planning Board will be reviewing the Site Plan at their February 27, 2007meeting. The Board would like crosswalks added from the front of the building to the parking lot.

A motion was made by Mr. Cameron for Conditional Site Plan Approval with the following items to be addressed: Crosswalks will be added as asked by the Board, County Planning Board Review pending no major concerns, the utilities are placed underground and the type of guide rail is approved by the Board. This motion was seconded by Mr. Vebber and passed 7-0.

Mr. Jordan is still awaiting Final Site Plan Approval from the Board and is concerned with his bank closing that will take place on February 16, 2007. He is still waiting for approvals from DEC, DOH, FWS and ACOE. He does have approval from DOT.

A special meeting will be held on February 15, 2007 to give the involved agencies time to provide written responses to the Board for their consideration. This must be completed before Mr. Jordan can attain Final Site Plan Approval.

Paul Drake-Preliminary Subdivision Review for the subdivision of a three acre parcel from tax map parcel #44-3-7.1 located on the Drake Road. Paul Drake, Applicant.

The public hearing opened at 6:45 p.m. with no questions or comments. A motion to close the hearing was made by Mr. Cameron and seconded by Mr. Putney. This motion passed 7-0. A motion to approve the Preliminary Subdivision Plat was made by Mr. Hobbs and seconded by Mr. Biondolillo. This motion passed 7-0. A motion to review the Final Subdivision Plat was made by Mr. Putney and seconded by Mr. Biondolillo. This motion passed 7-0. A motion was made to approve the Final Subdivision Plat by Mr. Cameron and seconded by Mr. Hobbs. This motion passed 7-0. Mrs. Jenack will send an approval letter.

Brandy Hall- Preliminary Site Plan Review to operate an existing restaurant and bar named the Ugly Stick Saloon II located along Rt. 283 and 342, Tax map parcel # 75.09-1-20.

The public hearing opened at 6:55 p.m. With no questions or comments, a motion to close the hearing was made by Mr. Cameron and seconded by Mr. Vebber. This motion passed 7-0. Ms. Hall and Mr. Lacey were informed that the following condition was a provision of their Site Plan Approval: “The owner shall comply with all zoning laws effective of this date. Should any complaints about this operation be heard or should the buffer zone be found to be insufficient to address the proximate residential area, these concerns will be addressed immediately by decreasing volume or percussion, and/or increasing the vegetative barrier (buffer) as described in the zoning law. The Planning Board will retain jurisdiction and the applicant agrees if it becomes an issue. This action is taken in conjunction with the findings of Part II of the Impact Assessment of the New York State Environmental Review identifying these aspects as a potential environmental concern.”

A motion for Preliminary Site Plan Approval with the previously stated condition was made by Mr. Cameron and seconded by Mr. Hobbs. This motion passed 7-0. A motion was made to review the Final Site Plan by Mr. Hobbs and seconded by Mr. Cameron. This motion passed 7-0. A motion was made to approve the Final Site Plan by Mr. Cameron and seconded by Mr. Biondolillo. This motion was passed 7-0. Mrs. Jenack will send an approval letter.

Mr. Michael Leggero-Preliminary Site Plan Review for a used auto sales facility located along the south side of Route 11, tax parcel # 65.17-1-6.

The public hearing was opened at 7:00 p.m. with no questions or comments Mr. Cameron made a motion to close the hearing. This was seconded by Mr. Hobbs and passed 7-0. Due to the difference in height between this property and Dunkin Donuts the Board is requesting that shot rock or something of that type be used to retain the slope. Mr. Knight stated he would also stake down utility poles and have shrubs as a raised buffer. The Board is also concerned with the existing well house as it is in the middle of the lot.

As a condition of Final Site Plan Approval, the Board is requesting that Mr. Leggero (the owner) be connected to municipal water, which is available to that lot. The Board is also requiring that the current well on-site be properly abandoned. Mr. Knight was also informed of the town’s law concerning access roads connecting adjacent businesses. The Board is hoping that Mr. Leggero will cooperate with the placement of the road.

A motion to table any further action until the concerns with the water, well and access road are addressed was made by Mr. Covell and seconded by Mr. Cameron. This passed 7-0.

Mrs. Rosalie Van Dusen- Preliminary Subdivision Review for the subdivision of 2.41 acres of land from the existing parcel of 65.35 acres located along NYS Route 11, tax parcel # 65-1-65.2.

The public hearing opened at 7:05 p.m. and with no questions or comments, a motion to close the hearing was made by Mr. Hobbs and seconded by Mr. Putney. This motion passed 7-0. A motion to approve the Preliminary Subdivision Plat was made by Mr. Putney and seconded by Mr. Cameron. This motion passed 7-0. A motion to review the Final Subdivision Plat was made by Mr. Cameron and seconded by Mr. Hobbs. This motion passed 7-0. A motion to approve the Final Subdivision Plat was made by Mr. Covell and seconded by Mr. Cameron. This motion passed 7-0. Mrs. Jenack will send an approval letter.

Mr. Claire Raible- Preliminary Subdivision Review for the subdivision of three lots from tax parcel #65.00-1-73.21 located along NYS Rt. 342.

The public hearing opened at 7:10 p.m. and with no questions or comments, a motion to close the hearing was made by Mr. Hobbs and seconded by Mr. Cameron. This motion passed 7-0. A motion to approve the Preliminary Subdivision Plat was made by Mr. Cameron and seconded by Mr. Biondolillo. This motion passed 7-0. A motion to review the Final Subdivision Plat was made by Mr. Cameron and seconded by Mr. Hobbs. This motion passed 7-0. A motion to approve the Final Subdivision Plat was made by Mr. Cameron and seconded by Mr. Biondolillo. This motion passed 7-0. Mrs. Jenack will send an approval letter.

Mr. Michael Corbine- Sketch Plan Review for the subdivision of nine (9) lots, tax parcel #55.00-1-20 located on US Route 11.

Mr. Marris would like to subdivide nine lots off of US Route 11. The Board would like Mr. Marris to present different layouts and contact the Highway Superintendent for his input on the road layouts. He can contact Mrs. Jenack or Mr. Tontarski to go over the subdivision plans. Mr. Marris will need to return to the Planning Board.

Mr. Rusty Van Tassel – Sketch Plan Review for the subdivision of four (4) lots, tax parcel # 65.00-1-46.4 located on Waddingham Road.

Mrs. Jenack stated that she had heard from Mr. Van Tassel and that he had decided not to attend because he was not sure about his project.

American Communities Inc.-Sketch Plan Review for a proposed twenty-one (21) lot subdivision and overall site plan located on NYS Route 342.

Mr. Dimmick asked if a Drainage District would be created. All maintenance of the facility would be handled by the Association. Mr. Sharp has no plans to dedicate any of the roads to the Town. Mr. Sharp has contacted the school district on sewer issues only. He was reminded that the Town water tank is adjacent to lots E and F and maintenance on the tank may be an issue. Mr. Dimmick also informed Mr. Sharp that his proposed project is located within a Well Head Protection Area of the Town. He needs to be aware of certain uses of the land in these areas.

The Board felt that additional information was needed for Part one of the SEQR form. Mrs. Jenack asked Mr. Durand to breakdown each individual use by square footage, vehicle trips per hour, storm water usage etc... She also asked if there were plans for sidewalks for the project. The subject of possibly connecting a road to pad 2 to encourage further development was also discussed. The Board discussed limiting the height on the self storage units to 40 ft.

White Plains Plaza (Phase II) - Guy Javerone- Preliminary Site Plan Review for a 10,500 sq. ft. retail center located along US Route 11 and the Holbrook Road.

The Board was informed that at a previous meeting with Mr. Tontarski and Mrs. Jenack, Mr. Javerone was asked to add a crosswalk; this was however left off the Site Plan by the engineer. Mr. Javerone will be adding water and sewer laterals to the new building. There will be no standing water in the retention ponds. Mr. Dimmick stated that the perpendicular parking may be challenging. The Planning Board will take this into consideration before issuing Final Approval.

Mr. Vebber asked what the number of projected store fronts would be. Mr. Javerone is planning on seven or eight stores. Mr. Tontarski reminded Mr. Javerone that vegetation is still needed along the fence when the weather permits to satisfy the buffering of the neighboring parcel. The future Town Road needs to be shown on the site plan. Also, drainage patterns need to be revised. On the Enlarged Detail, the parking spaces should be corrected to read 9’x 20’, not 9’ x 18’.

A motion for the Planning Board to act as Lead Agency on an Unlisted Action and conduct an Environmental Review was made by Mr. Covell and seconded by Mr. Biondolillo. This motion passed 7-0. Based on the information and analysis, it was determined that the proposed action would not result in any significant adverse environmental impact. A motion to declare a Negative Declaration was made by Mr. Vebber and seconded by Mr. Hobbs. This motion passed 7-0. The application could not be deemed complete due to the inconsistencies with the Site Plan.

A motion to set a public hearing for March 1, 2007 at 6:45 was made by Mr.Vebber and seconded by Mr. Hobbs, providing the outstanding issues are resolved. This motion passed 7-0.

Ms. Tabitha Davis – Preliminary Subdivision Review for a two (2) lot subdivision, tax parcel # 55.00-1-68.1 located on Farrell Road.

Ms. Davis was not present, therefore her project was not discussed.

Mr. Larry Haukass- Preliminary Subdivision Review for the subdivision of Lot A (11 acres), tax parcel # 44.00-3-1.1 located along the Snell Road.

A motion for the Planning Board to act as Lead Agency on an Unlisted Action and conduct an Environmental Review was made by Mr. Cameron and seconded by Mr. Covell. This motion passed 7-0. Based on the information and analysis, it was determined that the proposed action would not result in any significant adverse environmental impact. A motion to declare a Negative Declaration was made by Mr. Cameron and seconded by Mr. Hobbs.A motion to deem the application complete was made by Mr. Cameron and seconded by Mr. Vebber. This motion passed 7-0

A motion to schedule a Public Hearing for March 1, 2007, at 6:55 p.m. was made by Mr. Covell and seconded by Mr. Biondolillo. This motion passed 7-0.

Mr. Wayne Petty – Preliminary Subdivision Review for the subdivision of five (5) lots, tax parcel # 45.00-3-35.7 located on County Route 46.

Mr. Petty was not present, therefore his project was not discussed.

8. Report of Zoning Enforcement Officer:

Mr. Russell issued two (2) permits and two (2) violations. He also would like a Zoning Permit to be required for each business going into Mr. Javerone’s Strip Mall.

Mrs. Jenack asked if there were any comments on the proposed amendments to the local zoning laws. Mr. Hobbs noticed a typing error in the first section. This will be corrected.

The height restriction was then discussed. It was the Board’s consensus that there be a change to four stories or 50 feet where there is municipal water adequate enough to service a Sprinkler System within the BR1, BR2 and Industrial zones.

The Board will hold a Special Meeting on February 15, 2007 at 6:30 pm to discuss any matters brought before the Board.

10. Adjournment:

There being no other business, a motion to adjourn the meeting was made by Mr. Biondolillo and seconded by Mr.Covell. The motion passed with a vote 7-0. The meeting adjourned at 10:20 p.m.