City of Auburn, NY - Planning Board Minutes 07/10/2001

Planning Board Minutes 07/10/2001


	CITY OF AUBURN PLANNING BOARD TUESDAY, JULY 10, 2001 Members Present: Mr. Mark DiVietro Mrs. Joyce Cavanaugh Mrs. Donna Bruno Mr. John Rogalski Mr. John Breanick Members Absent: Mr. Andrew Lalonde Mrs. Laurie Michelman Staff Present: Mr. Vijay Mital Mr. Steve Lynch Mr. David Tehan Mr. James Moore APPLICATIONS APPROVED: 1 144 Clark Street 315 Genesee Street Mr. Breanick: Good evening, ladies and gentlemen, this is the Auburn Planning Board. This is our July meeting. Today is July 10^th. I ask that you please rise and do the Pledge of Allegiance with me. (Do the Pledge) Thank you. Before I have the secretary do the roll call, I am state that Laurie Michelman has an excused absence for tonight. Jane, please call the roll. Mark DiVietro Joyce Cavanaugh Donna Bruno John Rogalski John Breanick I ask the members to please look at the minutes of the previous meeting. Any questions, changes or alterations, if not, I will accept a motion for acceptance of the minutes of the previous meeting. Motion made by Mark DiVietro. Seconded by Joyce Cavanaugh. Please call the roll. VOTE TO ACCEPT MINUTES: Mr. DiVietro Mrs. Cavanaugh Mrs. Bruno Mr. Rogalski Mr. Breanick Mr. Breanick: Minutes of the previous meeting are accepted. For you that may not be familiar with the way the Auburn Planning Board is run, what we are going to do is have the Public Hearing, having anybody or the applicant speak, state your name and address for the record and then the person representing the project, we ask them to tell us a little bit about it and then we will ask some questions, let the public speak and then we will close it and then talk amongst the member. CITY OF AUBURN PLANNING BOARD TUESDAY, JULY 10, 2001 Subdivision at 1 ________________________________________________________________________ Mr. Breanick: First item tonight is a subdivision at 1 Mr. Pigeon: My name is Lawrence Pigeon, 4201 School Street, Owasco, New York 13021. Mr. Breanick: Tell us a little bit about the project, Mr. Pigeon. Mr. Pigeon: I plan to purchase this property from a colleague of mine who has helped me to rehabilitate it and what not and in order to obtain property comparables in the neighborhood, we just wanted to split the lots as easily as possible in order to be able to obtain the financing as an individual residence. That was the goal in order to reduce the atrocious interest rate for not having comparable in the area. Mr. Breanick: You will be purchasing both properties? Mr. Pigeon: Yes. Mr. Mital: You went to the Zoning Board of Appeals for the lot area variance? Mr. Pigeon: Yes. I did go to the Zoning Board of Appeals for a variance on the property in order to do it properly I guess. Mr. Breanick: It was passed by them? Mr. Pigeon: Yes it was. Mr. Breanick: Members of the Planning Board have any questions for the applicant at this time? Have a seat sir. Is there any member from the public that would like to speak regarding this issue? OK, if not, I will close this part of the public hearing. Vijay? Mr. Mital: This is not part of building permits, this is under different subdivision rules of the ordinance and there is a separate ordinance for subdivision. Normally speaking we would bring it to the Planning Board because the lot size does not meet the subdivision code requirements, but the applicant has obtained a variance from the ZBA. As the requirements of the variance have been met, so only thing was to do subdivisions like this and to give final approval first you have to give a waiver of the preliminary requirements if there are no complications, Planning Board can give waiver to the preliminary and go directly to the final. So I would recommend that you do a motion that you waive the preliminary requirements and do the final. Mr. Breanick: Is it the feeling of the Planning Board that we would like to waive the preliminary? Mr. Mital: It is staff Mr. Breanick: Is there such a motion? John Rogalski made the motion. Seconded by Joyce Cavanaugh. Secretary please call the roll. VOTING IN FAVOR: Mr. DiVietro Mrs. Cavanaugh Mrs. Bruno Mr. Rogalski Mr. Breanick Preliminary is waived. Mr. Mital: For the final, we have to do a SEQRA before we approve, so Steve will do the SEQRA and then you can do the motion for approval. Mr. Breanick: Steve, would you read the SEQRA please. Mr. Lynch: I don Mr. Breanick: Mr. Moore, do you see any issues here? Mr. Moore: No, he has a variance. Mr. Breanick: Corporation Counsel any issues? Mr. Tehan: It is a relatively simple subdivision, so long as that piece in the back of the property maintains that right of way there shouldn Mr. Breanick: Is there adequate off street parking for these parcels, Vijay? Mr. Mital: Parking is on property. Mr. Breanick: Thank you. The recommendation of the staff is for a Negative Declaration. Mr. Lynch: Yes. Mr. Breanick: Mr. DiVietro makes that motion. Seconded by Joyce Cavanaugh. Please call the roll. VOTING IN FAVOR: Mr. DiVietro Mrs. Cavanaugh Mrs. Bruno Mr. Rogalski Mr. Breanick We have a Negative Declaration for that. So to the site plan now please. Mr. Mital: It is a subdivision and the motion is to approve the final subdivision plan. It is staff Mr. Breanick: Any questions amongst the members at this time? Now I will entertain a motion by the Board for a subdivision, a minor subdivision. John Rogalski makes the motion. Seconded by Donna Bruno. Just call the roll. VOTING IN FAVOR: Mr. DiVietro Mrs. Cavanaugh Mrs. Bruno Mr. Rogalski Mr. Breanick Good luck with your project sir. Mr. Lynch: We can give him a stamped signed copy of the map right now. Mr. Mital: File it in the Cayuga County Clerk Mr. Breanick: Take a two-minute recess while we do this. Reopen the Planning Board at this time. Mr. Pigeon: Thank you very much, have a good evening. Mr. Breanick: We are switching the second and third item on the agenda tonight. CITY OF AUBURN PLANNING BOARD TUESDAY, JULY 10, 2001 Site Plan review at 315 Genesee Street for drive through coffee shop, Lewis Smith. ______________________________________________________________________ Mr. Breanick: Next item with be Public Hearing for site plan review at 315 Genesee Street for drive through coffee shop. Is Mr. Lewis Smith here? Mr. Smith: Yes. Mr. Breanick: Please go to the microphone, state your name and address for the record please. Mr. Smith: My name is Lewis Smith, I live D 84 Brogan Manor, Auburn, New York. Mr. Breanick: Please tell us a little bit about your project, sir. Mr. Smith: I am looking to develop that area, I am starting out with a drive through coffee stand. It is small and easy handle down in that area, like the drive through Joe, but not serving ice cream and staying open later. Mr. Mital: You have been working on this project for quite some time. Mr. Smith: Yes, I have. I started out with a building out in Romulus and I had to do something with it and I saw this guy put this out here and I decided to do something else with it and I choose the P & C on the west end because it has more potential. Plenty of space and it has plenty of potential later on because there is no infrastructure down there right now, there is no gas, no electric, no sewer, there is nothing. In order to develop that area I figure I have to do something first to get my foot in the door down there. I had this building and I said ok and that was something to start with and if I don Mr. Breanick: Do you have a letter from the Plaza owners giving you permission for this? Mr. Smith: Yes. That should be Mr. Lynch: It has been filed with the application. Mr. Mital: That is part of the application, they have to have permission. Mr. Breanick: Do any of the Board members have any questions at this point? Mr. DiVietro: You already have a building for this? What type of building? Mr. Smith: Well it is 12 x 16 which I have to put an addition on for a handicap bathroom. One of the requirements of a new business you have to make it handicap accessible even though I will probably never hire a handicap, because it is only me, but I have to put an addition on there. But the building is already existing. Mr. DiVietro: You are moving it to the location? Mr. Smith: Yes. Mr. DiVietro: Everything is approved? Mr. Smith: Yes. Mr. DiVietro: Just a drive-through? Mr. Smith: Right. Mr. DiVietro: Coffee and what other Mr. Smith: Coffee, gum, snack foods, pastries, chips, and simple little things, nothing excessive. Mr. Breanick: You plan on putting a foundation under this building? Mr. Smith: No. Because if I were to put a foundation, I can Mr. Breanick: Year around place or seasonal? Mr. Smith: Year around. Mr. Breanick: What is your heat source going to be? Mr. Smith: Gas. Mr. Breanick: Natural gas or propane? Mr. Smith: Natural gas. Mr. Breanick: So you will have to tap into a gas line Mr. Smith: Gas line is nearby there. Gas and water are very close to there. I will have all services. Mr. Breanick: OK. Looks like the water service is coming from the Plaza there. Mr. Smith: That is the sewer service way in the back which is about 500 feet away there is a main out there and then for future they are going to be tearing up the road and we are going to try to contract the service there, I haven Mr. Breanick: If this is approved, when do you plan on moving the building to that site? Mr. Smith: It is will probably take about two to three months to get all the permits taken care of, because I have to go to the Health Department and any other services, I still have to put the sewer in, have to put the electric in, it is going to take a while. Mr. Breanick: On the drawing here, there is a notation that says lease line. How much of that property are you going to be leasing? Mr. Smith: I will be leasing about an acre of land there from that lease line to Pepper Mr. Breanick: Why an acre of land? Sounds like it is going to be a small operation but an acre is quite a bit of property. Mr. Smith: Why an acre? Because it is part of the lot and it is just as easy to lease me the whole lot, not like I am going to develop the whole thing but it is easier for him to say here this is your responsibility. Mr. Breanick: You will maintain it or the Plaza? Mr. Smith: I will maintain it. Mr. Breanick: I don Mr. Smith: No, it is grass. Grass beyond that point. Right to the lease line that you are looking at is paved. I have to pave about another 10 more feet in order to make the turn around for the cars a little bit easier. There was another way out of there but it was much work, it would destroy the property if anything, if I were to put a driveway all around the building. Mr. Breanick: Do any Board members have any questions at this time? Mr. DiVietro: Do you plan to do landscape around it? Mr. Smith: Yes. I am going to be doing some landscaping. Mr. DiVietro: The entrance is going to be the same, you are going to drive in the P & C, you are not going to have a separate entrance? Mr. Smith: No. That was one of the points I was looking at because I had the light there, which could control the traffic, that is why it came out as a more favorable site. Mr. Breanick: Any other Board members have any questions at this time? Thank you, you may have a seat Mr. Smith. Is there anybody from the public that would like to speak on this? If not, I will close this part of the public hearing. Vijay? Mr. Mital: Our Design and Review Committee has looked at it and at this time it is our recommendation to approve it. Mr. Breanick: Mr. Moore, did you get a chance to get down to the site? Mr. Moore: Mr. Smith is taking a long time Mr. Breanick: Mr. Tehan any questions or issues? Mr. Tehan: No. Mr. Breanick: Mr. Weed, our traffic person. Is there going to be any issue with the Plaza or any additional stop signs or anything that you see needs to be done here? Mr. Weed: Nothing, as Vijay said it was reviewed by the Design and Review Committee. Mr. Breanick: Thank you. Mr. Lynch? Mr. Lynch: When the Design and Review Committee reviewed we realized that it did not Mr. Breanick: Mr. Smith, have you had a chance to review that? Mr. Smith: No I haven Mr. Breanick: You don Mr. Smith: No I don Mr. Lynch: We recommended the Negative Declaration on SEQRA as well. Mr. Breanick: Very good. Is there a recommendation at this point for the Negative Declaration? How feels the Board? Mr. DiVietro like to make a motion? Mr. DiVietro: I make a motion Mr. Breanick: For Negative Declaration. Seconded by Donna Bruno. Please call the roll. VOTING IN FAVOR: Mr. DiVietro Mrs. Cavanaugh Mrs. Bruno Mr. Rogalski Mr. Breanick Mr. Breanick: Negative Declaration for the SEQRA has been approved. Action for the site plan? Mr. Mital: We make a recommendation for approval. Mr. Breanick: The Planning Board have any questions of the staff or applicant at this point regarding the site plan? If not, we will entertain a motion then for acceptance of the site plan. Mrs. Bruno: I make a motion. Mr. Breanick: Motion by Donna Bruno, seconded by Mr. Rogalski. VOTING IN FAVOR: Mr. DiVietro Mrs. Cavanaugh Mrs. Bruno Mr. Rogalski Mr. Breanick Mr. Breanick: Site plan is approved, please see Mr. Moore before your start the process of moving and make sure you have the proper permits. Good luck on your project. Sir. Let Mr. Breanick: Meeting called back to order. I am going to ask the secretary to read a memo that we received tonight and every member received a copy of it regarding KFC. Mrs. Westlake: Memo to Vijay Mital, Director and Planning Board from Thomas G. Leone, Corporation Counsel regarding the KFC Site Plan At the request of David Tehan, I have been asked to review the file in relation to Kentucky Fried Chicken In addition to the above, it was recently conveyed to me that Nicholas L. Schmit, Esq., legal counsel for Tops, has determined that Tops does not have any rights under the sublease with P&C Food Markets to alter the size of the parking area as specified on an exhibit attached to the sublease. Accordingly, Tops has not consented to the proposed changes in the parking area, which would enable this project to go forward. Please be further advised that this memorandum and the opinion herein supercedes the memorandum submitted to you by David Tehan on June 14, 2001. Mr. Breanick: Thank you, Jane. CITY OF AUBURN PLANNING BOARD TUESDAY, JULY 10, 2001 Site Plan review at 144 Clark Street for vehicle repair facility. Eugene Jordan ________________________________________________________________________ Mr. Breanick: Next item on our agenda tonight is a Public Hearing for site plan review of 144 Clark Street, vehicle repair facility. Is there someone to speak regarding this item? Mr. Leone: I am sorry I don Basically what Mr. Jordan is looking to do is erect a fence I guess it would be on the east side, I am sorry the west side of his property at the north end of his building as well as at the south end. Additionally he is looking to put some ground coverings, shrubbery and some additional parking. It is an irregular lot to say the least and I know this particular area has caused a great deal of concern for several individuals, City officials as well as Planning individuals and what have you. The place is an eyesore and we would certainly put forth that we would have no objection that the approval of this plan is contingent upon his removing a lot of those junk vehicles that are scattered around the building. His motor vehicle repair shop there should be vehicles there in need of repair not ones that are out gathering weeds to say the least. Mr. Breanick: Has he applied or is he currently Mr. Leone: I know that he has been in contact with Mr. Moore and it was my understanding that once this plan was approved that Mr. Moore would issue or cause to have issued that motor vehicle repair certificate. Mr. Breanick: Has he applied to Mike Angelo or Jack Heckler from the New York State Department of Motor Vehicles? Mr. Leone: I am sorry Mr. Breanick, I can Mr. Breanick: OK. Thank you. Any of the other Planning Board members have any questions at this time? Mr. Leone: I do want to apologize about my attire. Mr. Breanick: That Mr. Leone: Thank you. Mr. Breanick: Is there any member from the public that would like to speak on this? Hearing none, I will close this Public Hearing if there are no further questions. Public Hearing is closed on this. Mr. Mital? Mr. Mital: I think there are a lot of conditions that we will attach to the resolution, staff recommendation is approval, subject to those conditions and applicant complying with those. So what I would suggest is have Steve read those conditions as part of the record, so you will know what those conditions are. Mr. Breanick: Mr. Tehan, you see any issues there? Mr. Tehan: No, the only one that I would like to see added as a fourth condition that Mr. Leone referred to and that is that moving all of the what are considered junk vehicles under our Code and should be a repair shop. Mr. Mital: I think we will put that in writing also. Mr. Tehan: I handed him an amended resolution. Mr. Mital: Let Steve read those and let us discuss them. Mr. Breanick: Are we looking at a time frame Mr. Tehan: I think that would the same thing as a time frame to apply for a permit, I think you have six months from the date of approval under our Code Mr. Mital: Have Steve read that into the record and follow along with what he is reading. Mr. Breanick: OK, Steve, please. Steve would you like to read this for us please. Mr. Lynch: Yes, I will just read the Exhibit A on the back. The rest is pretty straightforward. Exhibit A Required Site Plan Elements 144 Clark Street, Auburn, New York, July 10, 2001 City of Auburn Planning Board Resolution Site Plan Resolution. The applicant acknowledges that Planning Board approval of the Site Plan at 144 Clark Street is contingent on inclusion of the following site plan elements into the development of the subject site: 1. Installation of a buffer, on the applicant a. Six Foot Tall (6 b. Row of minimum 5 2. Access from the property entry drive onto the NYS Arterial shall be prohibited. 3. Parking and/or storage of vehicles outside of the applicant 4. All vehicles on or about subject site determined by the Code Enforcement Office to be “junk cars” as defined by the City of Auburn Municipal Code Section 27, Part 48, Paragraph C and/or Section 28, Part 4, Paragraph 7 and 8, shall immediately be removed. No “junk cars” as determined and defined above shall be permitted on or adjacent to the subject property in the future. Mr. Breanick: I guess my only question on this, a conversation Mr. Tehan and I were discussing when you were handing this out about allowing him a little bit of a grace period in there to remove such vehicles. Mr. Lynch: My discussions with Jim Moore just went as far as saying the Judge was asking for something to be included in the site plan resolution that required the removal of junk cars. I don Mr. Breanick: Judge McKeon? Mr. Tehan: Mr. Jordan has been cited for this property, we have been in Housing Court. Couple conditions were that he get site plan approval and that he remove the junk vehicles. Mr. Mital: I don Mr. Leone: No. Mr. Breanick: I think we want to at least give him a minimum of thirty days because it would be kind of difficult to run a business and remove a number of vehicles being that he doesn Mr. Leone: I did go down there and help him get some of the cars out over the weekend. There are a bunch of them there and I think sixty days would certainly be reasonable and knowing my cousin-in-law as I do, I wouldn Mr. Breanick: That is what I was looking for a definite time whether it be six months, thirty days, sixty days, looking to Corporation Counsel Mr. Tehan: Sixty days will be acceptable to us. Mr. Leone: Thank you. Mr. Breanick: So we can amend that sentence there, the applicant shall remove within sixty days Mr. Mital: How many cars, why sixty days? Mr. Leone: I don Mr. Breanick: For what he is saying probably a number of the cars are Pick n Pull type cars or go to a salvage yard as opposed to be made running and being he is cooperating I think it would be appropriate for us to give him a bit of period of time. Mr. Mital: Ok, then we would amend the sentence. Mr. Breanick: Mr. DiVietro, you have a question? Mr. DiVietro: Is that just to remove the cars or was that for all four conditions? Mr. Breanick: Just for the cars. Mr. Lynch: The end of the first sentence in item #4 will read: shall be removed within sixty days of site plan approval. Mr. Breanick: Any other questions? This will just pertain to the cars. Mr. DiVietro: That was my question. Mr. Breanick: Any other Planning Board members have any questions at this time? Mr. Mital: In that case we will do like we do SEQRA, which is a Negative Declaration and have the site plan approval with these conditions. Mr. Breanick: I would like ask Mr. Weed if he has any questions regarding this or any comments? Mr. Weed: No, Design and Review Committee went over everything and approved it. Mr. Breanick: Thank you. The recommendation of staff is with these contingencies for Negative Declaration. Mr. Mital: Yes. Mr. Breanick: How do the Board members feel at this point? Mr. Rogalski: In favor of it. Mr. Breanick: Mr. Rogalski would like to have the Negative Declaration and Mrs. Cavanaugh seconded it. Please call the roll. VOTING IN FAVOR: Mr. DiVietro Mrs. Cavanaugh Mrs. Bruno Mr. Rogalski Mr. Breanick Mr. Breanick: Negative Declaration and SEQRA. Now if you will look at the site plan itself. Mr. DiVietro: Motion to accept site plan. Mrs. Bruno: I second it. Mr. Breanick: Please call the roll. VOTING IN FAVOR: Mr. DiVietro Mrs. Cavanaugh Mrs. Bruno Mr. Rogalski Mr. Breanick Mr. Breanick: Site plan is approved. Please notify the applicant Mr. Leone if you would that it has been approved with the contingencies, which I imagine are acceptable to him at this point. Mr. Leone: Thank you very much. Mr. Breanick: Any other matters that may properly come before this Board at this time? Hearing none, I entertain a motion to set the next meeting date. Mr. Mital: Next meeting date will be the first Tuesday of August at 7:30 p.m. Mr. Breanick: Thank you. If there is no other business, I will entertain a motion to close and adjourn, is there such a motion? Motion by John Rogalski and seconded by Mark DiVietro. Please call the roll. VOTING TO ADJOURN: Mr. DiVietro Mrs. Cavanaugh Mrs. Bruno Mr. Rogalski Mr. Breanick Mr. Breanick: Meeting adjourned at 8:30 p.m. Thank you all very much for coming.