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, Steve Putney, Karl Vebber, and Jerry Hobbs. Zoning Enforcement Officer - Dean Russell, Community Development Coordinator - Jessica Jenack and Clerk to the Supervisor - Steve Harter. Board member Sam Biondolillo was absent.

Other Attendees: Tana Taylor, Michael Clark, Audrey Clark, Larry Lacey, Joe Durand -TDK

Nick Zimmerman, John Stevens-NNY Homes, Martin Schrodt, John Astafan, Rachel Roberts, Claire Raible, Steve Knight, Stan Hajdasz, Merle Otis, Walter VanTassel, Michael Covige.

3. Reading and Approval of Minutes: The minutes for December 7, 2006 were received, and there were no modifications. Mr. Cameron made a motion to approve the minutes. Mr. Hobbs seconded the motion, which carried with a vote of 6-0.

4. Correspondence and Communication: The Secretary read a letter from Hospice thanking the Board for their donation in memory of Carl Taylor.

5. Unfinished Business:

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.

A letter was sent to Mr. Brad Hill addressing concerns from the Planning Board and the Town Engineer. To this date there has not been any response.

The County Planning Board (CPB) reviewed the revised Site Plan sent by the LeRay Planning Board. A copy of their comment letter was given to the Board members. The CPB commented on a Kestrel Drive/Mountain Lane intersection and the new primary access road being less than 100 feet apart. The Town Engineer provided the Board with a letter stating the same concerns. His recommendation was to shift the Mountain Lane intersection by moving it further east and south in order to provide a more adequate separation distance. The Planning Board would like a letter sent to Mr. Jordan to have the matter addressed.

The Army Corp of Engineers still has to review the Final Revised Site Plan regarding the changes made from the Indiana Bat Issue. They will meet with Fish and Wildlife and include the Board on their approval/comment letter.

Mr. Dimmick submitted paperwork to DOH and DEC. There has been no response at this time.

Approval is still needed from DOT for the access roads.

Mrs. Jenack told the Board that the proposed amendments to the Town Zoning Law were submitted to the CPB prior to their Board reviewing them out of urgency. There was some discussion by the Board members as to including Night Club in the section for parking. There was also discussion on where Night Clubs would be allowed. Mr. Putney suggested tabling the issue and reviewing it at the February meeting stating that it would be easier to add to the law than take away.

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

Timothy Drake was representing for his father Paul Drake. A motion to conduct an Environmental Review was made by Mr. Cameron and seconded by Mr. Vebber. This motion passed 6-0. A motion for the Planning Board acting as Lead Agency to declare a Negative Declaration on an Unlisted action was made by Mr. Covell and seconded by Mr. Cameron. This motion passed 6-0. A motion to deem the application complete was made by Mr. Vebber and seconded by Mr. Hobbs. This motion passed 6-0. A motion to set a Public Hearing at 6:45 on February 1, 2007 was made by Mr. Hobbs and seconded by Mr. Vebber. This motion passed 6-0.

Merle Otis-Lot Line Adjustment- adjustment of.81 acres to be added to tax map parcel # 45.00-3-35.3 located along County Rt. 46. There was discussion regarding the revision of the Plat to show the existing parcel as a dashed line.

A motion to approve the lot-line adjustment, contingent upon the alteration of Mr. Otis’s plat was made by Mr. Vebber and seconded by Mr. Hobbs. This motion passed 6-0.

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 # 75.09-1-20.0.

Larry Lacey was in attendance to present the project to the Board. Mr. Covell expressed concern whether the project would comply with local Zoning Laws. Mr. Lacey wants to showcase live and recorded music stating that it would be at a level of 1.2 decibels and could be heard in an approximate range of 150ft. from the business. Mr. Lacey stated if there were any complaints that he would discontinue the live and recorded music.

The Board asked if he was willing to put up a privacy fence if needed. Mr. Lacey told the Board he was willing to work with them. The Board informed Mr. Lacey that they are working with old Zoning Laws that have no provision for “Night Club/ Live Music.” They are proceeding with caution and would like more research done on his part. Mr. Putney stated that the description on his application seemed vague i.e. hours of operation and days of operation. Mr. Cameron had concerns with the property barrier on the west side of the lot.

A motion to conduct an Environmental Review was tabled in case of changes or additions to the Application and Site Plan. A motion to set a Public Hearing for February 1, 2007 at 6:55 p.m. contingent that the items mentioned to Mr. Lacey be addressed and corrected. This motion was made by Mr. Putney and seconded by Mr.Vebber. The vote was 6-0 in favor. He was also reminded that the information needed to be submitted in at least 10 days prior to the meeting.

The Board will still have to grant Preliminary Site Plan Approval, conduct an Environmental Review, and grant Final Site Plan Approval before the project can proceed.

Walt VanTassel- Informational Meeting to discuss/present a possible 168 unit townhouse project on a 25 acre parcel of land along Route 11 in the Village of Evans Mills. Mr. VanTassel wanted to discuss the project with the Board before he proceeded.

Mr. VanTassel’s proposal is completely within the Village limits. The existing Parking Lot and a portion of the Paddock is also within the Village limits, but the Race Track and a portion of the Paddock are within the Town limits. If the parking lot size decreased as a result of the project, then additional parking spaces would need to be relocated and shown on a revised Site Plan.

Mr. Tontarski suggested to Mr. Van Tassel that the Board would wait for the outcome of the Village Board Meeting before proceeding. Mr. Putney questioned what type of action would be required of the Planning Board if the project was approved by the Village, Mr. Tontarski stated that it would involve Site Plan Renewal. The Board will contact Mr. Van Tassel if he needs to return to the Board for approval.

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.

Steve Knight is proposing a Used Car facility in the lot between Dunkin Donuts and Tattoos Forever. The office would be located in the building once occupied by the UPS Store and Omni. The lot is approximately 130’x150’ and they hope to have approximately 35-39 cars. There will be no loop in the lot to connect rows of cars. There is a well house currently located on the property, which the Board would like a barrier around. They would like this shown on the Site Plan.

The Board is also requesting some sort of barrier/vegetative buffer between the lot and Dunkin Donuts. A recommendation of concrete (jersey barrier) to prevent vehicles from rolling over the hill and vegetation (tree plantings) was made. This must also be shown on the Site Plan. The existing driveways will be used to access Route 11. The Board would also like the drainage patterns shown on the Site Plan due to the fact that the adjacent lot is slightly lower than the existing lot that they are leasing.

Mr. Knight was asked by the Board to review and revise his current Site Plan. A motion was made to schedule a Public Hearing on February 1, 2007 at 7:00 p.m. contingent on a corrected and completed Site Plan was made by Mr. Vebber and seconded by Mr. Cameron. This motion passed 6-0. Mr. Knight was reminded that his paperwork needs to be in 10 days prior to the meeting.

The Board still needs to grant Preliminary Site Plan Approval, conduct an Environmental Review and grant Final Site Plan Approval.

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.

Mrs.VanDusen will retain the parcel with her house and the remaining property will be sold. A motion to conduct an Environmental Review was made by Mr. Putney and seconded by Mr. Cameron. This motion passed 6-0. A motion for the Planning Board acting as Lead Agency to declare a Negative Declaration on an Unlisted action was made by Mr. Covell and seconded by Mr. Putney. This motion passed 6-0. A motion to deem the application complete was made by Mr. Covell and seconded by Mr. Cameron. This motion passed 6-0. A motion to set a Public Hearing for February 1, 2007 at 7:05 p.m. was made by Mr. Covell and seconded by Mr. Cameron. This motion passed 6-0

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

Joe Durand with TDK was representing Mr. Raible as he had to leave the meeting. A motion to conduct an Environmental Review was made by Mr. Putney and seconded by Mr. Cameron. This motion passed 6-0. A motion for the Planning Board acting as Lead Agency to declare a Negative Declaration on an Unlisted action was made by Mr. Cameron and seconded by Mr. Putney. This motion passed 6-0. A motion to deem the application complete was made by Mr. Cameron and seconded by Mr. Putney. This motion passed 6-0. A motion to set a Public Hearing on February 1, 2007 at 7:10 p.m .was made by Mr. Vebber and seconded by Mr. Cameron. This motion passed 6-0.

The Public Hearing was opened at 6:45 p.m. There were no comments from those in attendance. There was a motion to close the hearing at 6:50 p.m. made by Mr. Cameron and seconded by Mr. Hobbs. This motion passed 6-0. A motion to grant Preliminary Site Plan Approval was made by Mr. Cameron and seconded by Mr. Putney. This motion passed 6-0. A motion to review the Final Site Plan and to grant Final Site Plan Approval was made by Mr. Hobbs and seconded by Mr. Cameron. This motion passed 6-0.

Tax Map Parcel #44.00-3-18.1

Mrs. Clark would like to subdivide a five acre parcel from an existing parcel of 223 acres she owns on the Countryman Road.

The Public Hearing was opened at 6:55 p.m. Mrs. Rachel Roberts who owns adjoining property asked the Board when the new owner would be able to subdivide again and what the lot size could be. Mr. Tontarski informed Mrs. Roberts that the property could be divided at any time. The lot size would have to be of legal size and have to have at least 150 feet of road frontage. At this point, it looks like there is less than 300 feet road frontage on the Countryman Road to accommodate two lots.

A motion to close the Public Hearing was made by Mr. Cameron and seconded by Mr. Hobbs. This motion passed 6-0. A motion to grant Preliminary Subdivision Approval was made by Mr. Putney and seconded by Mr. Cameron. This motion passed 6-0. A motion to review the Final Subdivision Plat and then grant Final Subdivision Approval was made by Mr. Cameron and seconded by Mr. Putney. This motion passed 6-0.

Mrs. Jenack reported that the grant that she had written to attain monies for a Town-wide Comprehensive Plan was awarded to the Town of LeRay. She has scheduled a presentation with Mr. Talbot. It will be held on January 18, 2007 at 7:00 p.m. at the Town Offices. There will be a Local Government Conference on March 29, 2007 at JCC. Any Board member interested in attending should contact Mrs. Jenack before the February Town Board meeting.

Mrs. Jenack also informed the Board that the 35 foot height restriction for buildings may need to be increased with the onset of new development. This was a concern brought up by the Town Board. This would eliminate variance requests with the ZBA every time a proposal exceeds 35 feet. Mr. Vebber stated that the Village of Black River was having similar issues and he would gather and share information from their meeting. The Board expressed concern with fire protection for the taller structures exceeding 35 feet with the Fire Districts not having the proper equipment.

The Chairman discussed a potential project across from Wal-Mart. The individual does not want to have internal access roads adjoining his parcel and the adjacent property. Mr. Tontarski asked the opinion of the Board members regarding the internal roads and they confirmed that they would be needed for Site Plan review and approval.

Mr. Harter reported to the Board that Fort Drum Office of Economic Adjustments had received a Quality Communities Grant. This is to deal with the growth and management of the surrounding areas. They are planning training for local boards that are involved. There may be monies available to help local governments in changing landuse and Zoning Laws. They are setting up a Task Force. The FDRLO will be spear heading this effort and both Lewis and St. Lawrence counties will also be involved. This will parallel with the Town’s Comprehensive Plan.

10. Adjournment: There being no other business, a motion to adjourn the meeting was made by Mr. Putney and seconded by Mr.Covell. The motion was passed with a vote 6-0. The meeting adjourned at 9:38 p.m.