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LERAY PLANNING BOARD MINUTES June 7, 2007
1. Call to Order: The work session 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, and N.Y.
2. Roll Call: Board members present: Al Cameron, Fred Tontarski, Sam Biondolillo, Steve Putney, Karl Vebber and Jerry Hobbs. Larry Covell was absent. Zoning Enforcement Officer - Dean Russell, Community Development Coordinator - Jessica Jenack, Town Supervisor – Ron Taylor, Clerk to the Supervisor - Steve Harter and Kris Dimmick-Town Engineer.
3. Reading and Approval of Minutes: The minutes for May 3, 2007 were received, and there were no modifications. Mr. Hobbs made a motion to approve the minutes. Mr. Cameron seconded the motion, which carried with a vote of 6-0.
4. Unfinished Business:
Willowbrook Plaza. – Mrs. Jenack has received a letter from TDK outlining all of the studies to be completed for the project as well as the proposed dates of completion. They should have all the information from their studies in by the end of July. She anticipates that they will be coming before the Board at the August meeting.
Kris Dimmick urged the Board that all roads within the proposed development should be dedicated to the town.
Clover Construction – The Board was informed that Mr. Jordan would be in attendance at the meeting to discuss an increase in project density due to the transfer of ownership of 15 acres of wooded land to Ontario Bays Initiative for the preservation of habitat for the Indiana bat.
The Town Supervisor expressed his initial concern with the density increase and wanted the Board to inquire as to whether or not all possible options had been exhausted. He also explained that the Planning Board did not have the authority to allow the density increase.
Stephen Converse – Mr. Dimmick noted that the drainage shown on Mr. Converse’s roadway plan was incomplete as well as the road design. He felt that should be addressed before final approval was given.
5. Report of Community Development Coordinator:
Bonding needed for improvements as part of Subdivisions – It was suggested to the Board that they enforce the performance bond/letter of credit requirement for improvements as stated in the Town’s Subdivision laws.
Review of meeting with developers and USFWS – Mrs. Jenack informed the Board that she had held a meeting with FWS, ACOE, NYSDEC and a few major developers to discuss specific projects and the Indiana bat. She felt the meeting went very well and all agreed that they would be willing to meet again.
6. Call to Order: The regular meeting of the LeRay Planning Board was called to order by Chairman Fred Tontarski at 7:00 p.m. in the LeRay Meeting Room, Evans Mills, and N.Y.
7. Other Attendees: Tom Converse, Sandy Converse, Adam Fishel, Joe Durand-TDK, Steve Converse, Megen Gefell, Mike Jordan-Clover Construction, Gordon Griffith, Lisa and Robert Carl.
8. Correspondence and Communication: There was no correspondence or communication.
9. Unfinished Business:
Clover Construction – Mr. Jordan explained that his overall project density would be greater than that allowed by the Town Zoning law as a result of being asked to transfer a portion (15 acres) of their wooded land to Ontario Bays Initiative for the preservation of habitat of the Indiana Bat. Ontario Bays initiative does not want a conservation easement; they prefer to own the land to ensure its protection. This area was designated as open space on the original Site Plan. The conservation easement is a requirement of the Army Corps of Engineers Permit. Mr. Jordan is not changing the project but will increase the allowed density.
Mr. Jordan was informed that the Planning Board does not have the authority to increase the density as Mr. Jordan was requesting (The density ruling was a Town Board issue.) He would have to appear before the Zoning Board of Appeals. The Board asked Mr. Jordan if all other options had been exhausted as far as contacting other conservancies. He replied that the amount of land to be protected is minimal, therefore, the Nature Conservancy was not interested and they referred them to Ontario Bays Initiative.
A motion to reject Mr. Jordan’s proposal for an increase in the allowed density was made by Mr. Cameron and seconded by Mr. Vebber. This motion passed 6-0.
A motion to make a positive recommendation to the Zoning Board of Appeals was made by Mr. Putney and seconded by Mr. Hobbs. This motion passed 6-0.
Hospitality Syracuse, Inc. - Preliminary Site Plan Review for the construction of a 2,923 sq. ft. Taco Bell on 1.44 acres along Johnson Road and Herrick Drive. Part of Tax parcel 3 65.00-1-65.1 (# not assigned yet)
Mr. Adam Fishel with APD returned to update the Board on their requests from the last meeting and to hear comments from the Town Engineer, Kris Dimmick.
There are still outstanding concerns with some labeling on the Site Plan: Storm Drainage, and showing the location of Spectra’s driveway. Mr. Dimmick’s letter was reviewed and a copy was given to Mr. Fishel. The Board would like to see an entry directly on the Taco Bell site and an internal access road in the northern corner of the parking lot to eliminate traffic on Herrick Drive. They also requested more architectural design styles for the building that blend in with the rural nature of the area and the other existing commercial development: browns, grays, neutral colors.
A motion to grant Preliminary Site Plan Approval was made by Mr. Putney and seconded by Mr. Cameron. This motion passed 6-0. A motion to set a Public Hearing contingent on the pertinent issues being resolved for July 5, 2007 at 7:15 p.m. was made by Mr. Hobbs and seconded by Mr. Cameron. This motion passed 6-0.
10. Public Hearings:
Tom Converse- Major Subdivision- 7:15p.m.- Preliminary Subdivision Review- five lot subdivision located along Victory Lane. Tax Parcel # 75.00-1-72.11
The Chairman opened the Public Hearing and with no comments, a motion to close the public hearing was made by Mr. Putney and seconded by Mr. Cameron. This motion passed 6-0.
A motion to approve the Preliminary Subdivision Plat was made by Mr. Hobbs and seconded by Mr. Cameron. This motion passed 6-0.
A motion to review the Final Subdivision Plat was made by Mr. Biondolillo and seconded by Mr. Putney. This motion passed 6-0.
A motion to grant Final Subdivision Approval was made by Mr. Putney and seconded by Mr. Hobbs. This motion passed 6-0.
A motion was made to waive the requirement of a Performance Bond for the roadway improvements for Tom Converse for this project only. The motion was made by Mr. Cameron and seconded by Mr. Hobbs. This motion passed 6-0.
Stephen Converse - Major Subdivision -7:25 p.m. - Preliminary Subdivision Review- five lot subdivision located along Converse Drive. Tax Parcel # 74.16-1-5.11
The Chairman opened the Public Hearing and with no comments, a motion to close the public hearing was made by Mr. Cameron and seconded by Mr. Vebber. This motion passed 6-0.
The Town Engineer requested that the grading plans for the roadway be completed. Currently, they are not complete based on his review.
A motion to grant Preliminary Subdivision Approval was made by Mr. Hobbs and seconded by Mr. Cameron. This motion passed 6-0.
A motion to grant Final Subdivision Approval with the discussed contingencies was made by Mr. Hobbs and seconded by Mr. Vebber. This passed 6-0. The Board agreed that Mr. Tontarski Could stamp the Final Subdivision Plat if Mr. Converse had the corrections made to the grading plan and Mr. Dimmick was satisfied.
The Final Approval is contingent upon the submission of a corrected set of roadway grading plans being submitted on time and approved by all concerned. A motion to waive the requirement of a Performance Bond for Mr. Converse for this project only was made by Mr. Hobbs and seconded by Mr. Cameron. This motion passed 6-0.
Mr. Dimmick also informed both Steve Converse and Tom Converse that it would be easier for them to sign the water easements now for the newly created water district rather than to leave granting of the easements up to the individual homeowners who purchase the lots..
11. Griffith and Fuller Construction-Subdivision Review- one lot located on County Route 17 Tax parcel # 54.00-3-19.8
The Chairman opened the Public Hearing. With no comments, a motion to close the public hearing was made by Mr. Biondolillo and seconded by Mr. Vebber. This motion passed 6-0.
A motion to approve the Preliminary Subdivision Plat was made by Mr. Hobbs and seconded by Mr. Cameron. This motion passed 6-0.
A motion was made to review the Final Subdivision Plat by Mr. Cameron and seconded by Mr. Biondolillo. This motion passed 6-0.
A motion to grant Final Subdivision Approval was made by Mr. Putney and seconded by Mr. Vebber. This motion passed 6-0.
12. New Business:
Robert and Lisa Carl- Sketch Subdivision Review for a six lot subdivision located along Plank Road. Tax Parcel #75.00-1-80.1
There was discussion regarding the proposed subdivision. It was determined that the proposed driveway must be a road in order for the newly created lots to have roadway frontage as required by the Town’s Zoning law. The Carl’s were made aware of the requirement of a Performance Bond or letter of credit for the cost of construction of the roadway and that it was in their best interest to have the dedicate the road to the town once completed.
The Carl’s were also informed that they would need grading, drainage and cross-section plans for the proposed road. They were going to make revisions to the Subdivision Plat as discussed.
13. Report of Community Development Coordinator:
Mrs. Jenack reported that the Local Law modifying the height restriction was voted on and approved by the Town Board. She provided copies of the law for the Board members files.
She informed the Board that the Public Hearing on the proposed Local Law for Outdoor Wood Furnaces would be on June 14, 2007.
The Universe Cellular project that had been referred to the Zoning Board of Appeals for an Area Variance was denied a variance.
She informed them that the Comprehensive Plan and Design Standards would be prepared concurrently.
The Site Plan for the addition to the Town Municipal Office building was submitted to the Village of Evans Mills for review.
Mrs. Jenack asked the Board to start thinking about what to do with some of the properties designated as PDD districts that have not been completely developed as proposed.
14. Zoning Enforcement Officer
There was an issue with hogs on the old Youngs farm. It is not zoned for this type of use. As of this meeting, the swines had been removed.
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