LERAY PLANNING BOARD

MINUTES

January 3, 2008

 

1.       Open Regular Meeting

Board members in attendance:  Chairman – Fred Tontarski, Larry Covell, Al Cameron, Sam Biondolillo, Jerry Hobbs, Karl Vebber,

Steve Putney, Community Development Coordinator – Jessica Jenack, Town Engineer – Kris Dimmick, Town Supervisor – Ronald Taylor

Clerk to the Supervisor – Steve Harter, and Zoning Enforcement Officer – Dean Russell.  Other people in attendance were:

Walter Van Tassel, Adam Kokinda, Jason Fuller, Gerald Walts, Gaetano Javarone, Troy Chisamore, John Converse, Joe Converse,

Dan Drappo, Tim Newton, Luke Netto, Robert LaBrie, Robert Lake, Kathy Cook, Marilyn and Joe McLaughlin, and Peter Sorber.

 

2.       Pledge of Allegiance

 

3.       Approval of Minutes from the Previous Meeting

The minutes from December 6, 2007, were received and there were no corrections.  A motion to accept the minutes was made

by Mr. Biondolillo and seconded by Mr. Cameron.  This motion passed 7-0.

 

4.       Correspondence and Communication

There was no correspondence or communication.

 

5.       Unfinished Business

 

Walt VanTassel, U-Lock It – Preliminary Site Plan Review – to operate a U-Lock It self storage facility consisting of

sixteen (16) 5’ x 10’ storage units, U-Haul Trucks and trailers located at the intersection of US Route 11 and Holbrook Rd, Tax Parcel #65.17-1-18.

     Mr. Van Tassel still has a number of outstanding issues with the Site Plan.  Per Zoning Code Section 158-25c the Board

needs one updated master Site Development Plan showing everything required and this has not been submitted.

     Mr. Van Tassel also has not addressed the fact that both the Drozd and Walker properties are residential.  Therefore, the

project must be located 50 feet away from their property lines (Section 158-45h) or he must go to the ZBA for an Area Variance.

Mr. Van Tassel was also informed that if he joined the two parcels his frontage on Holbrook Road would be short and they would

no longer be lots of record.

     There was discussion by the members whether “operation” included the truck parking or not.  The Board decided this

would need to be interpreted by the ZBA too.

     The Board addressed the outstanding issues (see attached) with Mr. Van Tassel.

     Per our Zoning Law the Board has to approve, disapprove, or approve with modifications the proposed Preliminary Site Plan

within 62 days from the date of the Public Hearing which was December 6, 2007.  The date would be February 6, but the next

board meeting is February 7, 2008.  Based on the Preliminary Plan that was submitted, the Board would have to disapprove

it with a statement containing the reasons for the findings and recommend resubmission after it has been revised.

     Mr. Van Tassel could agree to consent to an adjournment of the voting date, and then the Board would not have to make

a decision at this meeting and send him back to make the necessary changes as required on the Preliminary Site Plan Application.

     A motion to disapprove the insufficient Preliminary Site Plan and send Mr. Van Tassel to the ZBA for an area variance

was made by Mr. Biondolillo and seconded by Mr. Putney.  A letter to be reviewed by Chairman Tontarski would be sent to the

ZBA Chairman and Board with the referral.

     After discussion a motion was made by Mr. Covell to rescind the previous motion.  This was seconded by Mr. Vebber and

passed with a vote of 7-0.

     Mr. Van Tassel verbally consented to adjourn the voting date for the Preliminary Site Plan currently before the Board for review. 

He was informed that he would be asked to sign a letter stating that he had given his consent.  He asked that the Board sent him to the ZBA.

     Mr. Putney then made a motion for the Board to make a determination that there is an inadequacy in the required set back

between the adjacent residential lot line and Mr. Van Tassel’s storage project.  This was seconded by Mr. Hobbs and passed with a

vote of 7-0.

     A motion to table discussion on the other (4) four projects that were submitted for Sketch Plan Review due to one being

affected by the same setback issue, one needing permission by the property owner, and the lot of record issue until February 7, 2008

was made by Mr. Covell and seconded by Mr. Hobbs.  This motion passed 7-0.

     Mr. Van Tassel then told the Board that he was withdrawing his applications submitted for Sketch Plan Review which included

projects for tax parcels: #65.17-1-17, #65.17-1-22 (backside along Rail Road Tracks), #65.17-1-15, and #65.17-1-14.

 

Dawn Homes – Mrs. Jenack informed the Board that Mr. Arcangel would be taking over the discussions for Jessie Albert because

she had expressed frustration at the lengthiness of the project.  A meeting has been set to discuss the issues that are still

outstanding with their Site Plan.

 

6.       Public Hearings

 

Adam Kokinda – Preliminary Site Plan Review – 7:15 pm - to operate a Golf Driving Range, including the upgrading and

utilization of an existing barn, gravel parking area, located at 30105 US Route 11, Tax Parcel #55.00-1-20.4 and #55.00-1-20.5.

     The Chairman opened the hearing, and with no comments, a motion to close the hearing was made by Mr. Putney and seconded

by Mr. Cameron.  This motion passed with a vote of 7-0.

     The Board shared the County Planning Board’s comments with Mr. Kokinda.  There was a discussion that the easement will be

kept for drainage.  Mr. Kokinda will note this on the Site Plan.  He stated that there are no plans to convert the Barn into an office

as mentioned in the newspaper.  It was suggested that he check with DOH on the port-a-potty.  Mr. Putney asked that the terminology

as to what type of restroom be changed on the plan.  Mrs. Jenack asked Mr. Kokinda to refer to the checklist handed to him to be

certain all of the information is on the Preliminary Site Plan as required.  At this time there are items lacking and others that need to be

updated.

     Mr. Kokinda will submit an updated, Preliminary Site Plan before any further action is taken.

 

Robert Lake – Preliminary Subdivision Review – 7:25 pm – involves the subdivision of a parcel into two (2) lots along

US Route 11, Tax Parcel #74.12-1-70.1.  The new lot consisting of 4.359 acres will be sold to Joseph Converse.

     The Chairman opened the hearing and with no comments a motion was made by Mr. Putney and seconded by Mr. Cameron to

close the Public Hearing.  This motion passed with a vote 7-0.

     The Board reviewed the Preliminary Plat.

     A motion to approve the Preliminary Subdivision Plat was made by Mr. Hobbs and seconded by Mr. Cameron.  This motion passed

with a vote of 7-0.

     A motion to review the Final Subdivision Plat was made by Mr. Putney and seconded by Mr. Biondolillo.  This motion passed with

a vote of 7-0.

     A motion to approve the Final Subdivision Plat was made by Mr. Cameron and seconded by Mr. Putney.  This motion passed 7-0.

 

Gerald and Bonnie Walts – Sketch Plan Review for Major Subdivision – 7:35 pm – to subdivide a 54 acre parcel of land into

five (5) lots:  Lot 1 = 3.671, Lot 2 = 1.377, Lot 3 = 1.377, Lot 4 = 1.377, and Lot 5 = 46.668.  The subdivision is located along

Nellis Road, Tax Parcel #64.11-1-19.

     The Chairman opened the hearing.  Mr. McLaughlin who is an adjacent property asked to review the Subdivision Plat.  He asked

about the Walt’s intentions for the property.  Mr. Walts then answered his question stating it will be subdivided for residential use. 

With no other comments, a motion was made by Mr. Vebber and seconded by Mr. Biondolillo to close the Public Hearing.  This motion

passed with a vote of 7-0.

     The Board reviewed the Preliminary Subdivision Plat.

     A motion to approve the Preliminary Subdivision Plat was made by Mr. Hobbs and seconded by Mr. Cameron.  This motion passed

with a vote of 7-0.

     A motion to review the Final Subdivision Plat was made by Mr. Cameron and seconded by Mr. Hobbs.  This motion passed with a vote of 7-0.

     A motion to approve the Final Subdivision Plat was made by Mr. Covell and seconded by Mr. Cameron.  This motion passed with a vote of 7-0.

 

Troy Chisamore – Sketch Plan Review for Minor Subdivision – 7:45 pm – to subdivide an existing 5 acre parcel of land into two

(2) lots:  new lot = 2.014 with a remaining lot of 2.986 acres.  The subdivision is located along VanTassel Road, Tax Parcel #54.19-2-22.12.

     The Chairman opened the hearing and, with no comments a motion was made by Mr. Biondolillo and seconded by Mr. Covell to

close the Public Hearing.  This motion passed with a vote of 7-0.

     The Board reviewed the Preliminary Subdivision Plat.

     A motion to approve the Preliminary Subdivision Plat was made by Mr. Covell and seconded by Mr. Vebber.  This motion passed

with a vote of 7-0.

     A motion to review the Final Subdivision Plat was made by Mr. Hobbs and seconded by Mr. Cameron.  This motion passed with a vote of 7-0.

     A motion to approve the Final Subdivision Plat was made by Mr. Cameron and seconded by Mr. Vebber.  This motion passed with a vote of 7-0.

 

John Converse – Sketch Plan Review for Minor Subdivision – 7:55 pm – to subdivide a 3.43 acre parcel of land into

two (2) lots.  The subdivision is located along Andrew Drive, Tax Parcel #74.16-1-5.62.

     The Chairman opened the hearing and, with no comments a motion was made by Mr. Biondolillo and seconded by Mr. Covell to

close the Public Hearing.  This motion passed with a vote of 7-0.

     The Board reviewed the Preliminary Subdivision Plat.

     A motion to approve the Preliminary Subdivision Plat was made by Mr. Covell and seconded by Mr. Cameron.  This motion passed

with a vote of 7-0.

     A motion to review the Final Subdivision Plat was made by Mr. Hobbs and seconded by Mr. Biondolillo.  This motion passed with a vote of 7-0.

     A motion to approve the Final Subdivision Plat was made by Mr. Cameron and seconded by Mr. Covell.  This motion passed with a vote of 7-0.

 

Griffith and Fuller – Sketch Plan Review for Major Subdivision – 8:05 pm – to subdivide a 21 acre parcel of land into three

(3) lots:  Lot 1 = 7.078, Lot 2 = 3.744, and Lot 3 = 8.670.  The subdivision is located along County Route 17, Tax Parcel #54.00-3-19.82.

     The Chairman opened the hearing and, with no comments a motion was made by Mr. Biondolillo and seconded by Mr. Putney to

close the Public Hearing.  This motion passed with a vote of 7-0.

     The Board reviewed the Preliminary Subdivision Plat.

     A motion to approve the Preliminary Subdivision Plat was made by Mr. Hobbs and seconded by Mr. Vebber.  This motion passed

with a vote of 7-0.

     A motion to review the Final Subdivision Plat was made by Mr. Putney and seconded by Mr. Biondolillo.  This motion passed with a vote of 7-0.

     A motion to approve the Final Subdivision Plat was made by Mr. Cameron and seconded by Mr. Hobbs.  This motion passed with a vote of 7-0.

 

7.       New Business

 

Luke Netto – Sketch Plan Review for Minor Subdivision – to subdivide a 6.513 acre parcel of land into four (4) lots. 

The subdivision is located along Route 3 and Duffy Road, Tax Parcel #75.17-1-6.4.

     The Board reviewed the Sketch Plat and advised him that the plan could not be passed this way.  The plan needs to show the

existing sewer and water lines, and as proposed it would landlock a parcel of land temporarily.  The best approach would be for

Mr. Netto to combine the two separate parcels by deed and then revise the Subdivision Plat and resubmit it.  A copy of the

new deed after conveyance will be given to Mrs. Jenack along with the revised Plat map.  The Board would like Mr. Netto to

inform any potential buyers of the different permits needed for improvements on the parcels.  Mr. Netto will remove the subdivision

as shown from the plan and return after the land is conveyed to his wife.

 

Lake Architectural – Sketch Plan Review  – to renovate and add (1,198 sq.ft.) on to the existing Pizza Hut Restaurant, located

along Route 11, tax parcel #65.00-1-48.32.

     The Board was presented with a plan to add and retro-fit the existing Pizza Hut on Route 11.  The addition is approximately

1900 sq. ft. and about 1/3 will be dining area (patron space).  The kitchen and cooler areas will also be expanded.  Due to the expansion

in the rear of the building, there may be traffic flow problems.  The Board suggested Reverse Diagonal parking, or creating an exit to

connect to the KFC access road or parallel parking in that one section (probably used for employee parking).  A suggestion of

reducing the cooler width to maintain the number of parking spaces was made by Mr. Sorber.  Mr. Sober was informed that according

to the Zoning Code he is allowed one sign on the building and one free standing.  He could apply for a variance if needed.  He was also

asked if he would consider updating the existing sign to a monument sign.  He was shown a few examples.  Other site plan items brought

up included labeling the employee parking, showing the adjacent developments, and labeling adjacent landowners.  A copy of the checklist

listing the items required on the Preliminary Site Plan was provided to Mr. Sober.

 

8.       Report of Community Development Coordinator

Mrs. Jenack asked the Board members to review the Draft Design Guidelines and email her any comments.  They need to be submitted

to the count for review.  One main concern was the lack of teeth in requiring the items.  Mrs. Jenack will check with the attorney.

     The first training session at JCC for 2008 has been scheduled for February.  She was unsure of an exact date.  The Local Government

Conference will be held on March 27, 2008.  If attending, please contact Mrs. Jenack.  The comprehensive Plan Committee will be

meeting January 24, 2008, to review a Draft Inventory and Analysis Report.

     Chairman Tontarski informed the Board he will be absent for the February meeting.  Mr. Putney made a motion to have Board

member Hobbs run the meeting in his place.  This was seconded by Mr. Cameron and passed with a vote of 7-0.

 

9.       Report of Zoning Enforcement Officer

Mr. Russell had no action to report.

 

10. Report of Administrative Clerk to the Supervisor

Mr. Harter provided the Board members with an updated Developer Financial Statement.

 

11. Adjournment

A motion to adjourn the meeting at 11:45 pm was made by Mr. Vebber and seconded by Mr. Hobbs.  This motion passed with a vote of 7-0.