PUBLIC HEARING MEETING

 

Date:   May 17, 2007   Started:  7:35pm

 

Present:  Gerard Chartier (Chair) G.C., (K.M.B.), Tim Lippert (T.L.), Alan Rockmore (A.R.), Michael Vincent (M.V.) and Carol Crounse, Town Board Liaison.

 

Guests Present:  Keith Vincent, Matthew Lobel, Realtor for Anthony, Wendy Anthony, (2 neighbors of W.A.) Melanie Stempel, and Heather Schwenk.

 

Gerard Chartier chairperson of the Planning Board, called the meeting to order.  Introduction of the board members were made to the applicants.

 

Wendy Anthony, continuation of Public Hearing and referral to ZBA:

W.A. gave an update and noted that her realtor, Matthew Lobel is present for this hearing.  She provided a copy of the existing parcel.  Her certificate of occupancy and building permit are in compliance, so why does she need a variance?  The original certificate of occupancy was in 2007 for 9.64 acres to build a garage, lot #2 with shell is a permit to build for the barn and $12,000 to build a new well.  G.C. and M.V. noted that W.A. needed a new perk test.  Her existing perk tests survey to come up with engineer Lou Buckman that the water needs upgrades and its an expensive water treatment.  Her current easement and right away for power is needed, variance requirement for a set back and side yard is an issue.  Neighbors of W.A. noted that the subdivision is bringing up these issues and trying to get through the process.  Water availability to the rest of the neighborhood is not able to create additional wells.  W.A. noted that lot #2 is problematic, needs septic design to be approved by county in a disclosure.  The issue needs a seal for non-completion for the permit of a barn to a house.  Restricting the property part of larger parcel broken off.  “It’s catch 22 when creating a non-build able lot”.  Taxes on these lots are of question by neighbors and should be paid with Town Clerk before selling property.

 

Lot#2 questioned due to water 5.73 subdivision treatment system for water and sewage motion made by A.R.  2nd motion reworded to the subdivision approval based on taxes cleared prior to filing, Lot#2 non-build able at this time for county water and sewage approval by Department of Health, suitable easement made for access to Lots #1 to 3.  Lot#4 clean up remaining and acres not developed. 2nd motion amended – 4 in favor, 1 opposed, approved and W.A. agreeable.  Additional approval letter to W.A. to be done by G.C.

 

Comments from W.A. neighbors after the meeting:

1.9 of W.A. water is arsenic and 1.01 parts per million are allowable amount in anyone’s water.  The PB noted to them that a lab test of the water can be done a bender lab.  They once again stated their concern with liability issues.  G.C. thanked them for their input and concern.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

REGULAR MEETING

 

Old Business:

The minutes from the previous meeting of May 3, 2007, were reviewed with revisions to page 2 paragraph 4 play should read plan.  Page 3 site plan concept for senior housing, add events instead of company.  Last paragraph report to TOB 5/9 needs to be added.  Stempel permit old door is not active and access in back of a closet.  Next line add “cannot be used as an emergency exit”.  Clerical error for dates of Conklin should be 1994 to 1997.  Ed Pitcher should be R. Deets left before meeting for his turn.  A motion was made by M.V. to accept the minutes as written, seconded by A.R.; all were in favor of the minutes being approved as written.

 

 

Pitcher, Edward – Minor Subdivision:

No one in attendance for this meeting.  No word from their attorney or our Planning Board attorney.  Currently servicing the road, override Probate Judge, legal determination approved by court to subdivide by will, case law, property value, non-build able lot – no action.

 

M.V. did a site visit on 3/24/07 in which he not recommend requirement lot#1 9.08 not suitable building lot in the will.  M.V. notes to build on upper lot as NE to SW is little wetland.  Route 157A is existing Pitcher lot. 

 

This committee needs more information from the applicant and engineer.  Send letter and carbon copy to Buckman & Whitbeck.  The attorney needs to send copy of conservation board report and indicate due to concern with wetland and perk test are needed.

REGULAR MEETING

 

Stempel/Schwenk – Beauty Salon Permit:

 

Building Owner – Spencer Sission, 67 Main Street, East Berne

The applicants are requesting a special use permit to operate a salon and day spa.  The area is zoned Neighborhood Commercial.  A site visit was conducted by Messer, Rockmore, Lippert and Chartier on May 5, 2007.  The following was noted:

The business will be located in what was previously a single bedroom apartment in this multi-family apartment building.  The interior space has been modified; new wallboard has been installed and taped.  No changes have been made to the exterior.

Emergency egress is a single door in the front wall of the unit.  The door currently swings in.  A set of wood steps and railings would limit access for some patrons. 

 

Recommendations: (1) Install an out-swing entry door; (2) Consider adding a handicap-accessible ramp; (3) determine required number of access points – consider adding a second entrance on the side wall.

 

The owner stated at the Planning Board meeting of May 3, 2007, that the building is served by three septic tanks, all draining to the single leach field.  We located one septic tank, which we presumed was serving this unit.  The septic tank is exposed and has failed structurally.  The partially caved-in tank is covered by a single sheet of plywood and presents a serious safety hazard. 

 

Recommendations: (1) Hire a qualified professional to inspect the entire onsite wastewater treatment system, and at a minimum pump and replace the failed septic tank. 

 

Recommendations to ZBA:

 

Peter Schaming to contact them verbally on the square footage as it originally didn’t require a 2nd exit.  Peter and Paul noted it needed to be insulated and sheet rocked for a building permit.  Planning Board noted to applicants that they will clarify with the building inspectors to comment on this application.  Comments for the inspectors are: Handicap access EAD compliant facility do they need to provide, change of use permit, egress, and is building permit required. G.C. will talk to building inspectors in which will communicate to applicants the outcome.

Positive recommendation for special use to ZBA motion made by M.V. and seconded by G.C.  This secretary will notify applicants of ZBA meeting in June.

 

REGULAR MEETING

 

 

Paris – Minor Subdivision:  On-hold – no new information.

 

 

Conklin – Scenic Vista:

Local farmer purchased property which adjacent farmer buys 2 parcels with new deed.  Combining and extending the agriculture land that is subdivided.  No updates.

 

 

Zoning Amendment – Senior Citizen’s Housing:

Residential commercial TMU – 2 (zoning category).  Hamlet 2nd line we recommended mixed use residential use.  Need to use the TMU appropriate numbers.  They accepted it and getting hold of Nan to present at Public Hearing.  Our attorney noted “that it is smart growth planning for our town”. 


REGULAR MEETING

 

New Business:

Kenneth Vincent, Irish Hill Road, subdivide 2 to 3 lots to prospective buyers.  A deed is needed for Hunters Lane.  Lots meet road frontage.  24 acres not on deed to house with mortgage.  Stone wall along Hunters Lane has no ponds or wetlands.  All woodland with small hardwood.  G.C. asked K.V. has the perk test been done yet? K.V. stated no.  The new owner should dowse
for water, septic and then do the perk test.  K.V. current septic is 180 feet to hit 220 springs for
the last 13 years and never has been dry.  Follow the reqs for a letter from DOH to put into our file.

 

Secretary to get well logs from Andrea for M.V.  G.C. noted that perk tests will need to be done for both lots.  We will schedule a site visit for June 7th at 6pm to meet at Town Hall.  Public hearing to be set up to look a revised plan (K.V. to add 2.5 acres to his lot to change his map) and neighbors to be heard.  Noted for record that fee has been paid by K.V.

 

 

Upcoming Training:

Fonda for one evening for ZBA & Planning Board through the Department of SASF.

 

 

A motion for adjournment was made by A.R. and seconded by M.V., all were in favor. 

 

 

Meeting adjourned at 9:55pm.

 

 

 

Respectfully submitted,

 

 

 

Audra J. Stempel

 

/ajs