Town of Charlton
Planning Board Minutes
784 Charlton Road
Charlton, New York 12019
Minutes of Planning Board Meeting – June 16, 2008
Chairman Ray Black called the meeting to order at 7:00 p.m. at the John W. Taylor Hall.
Present: Ray Black, Chairman, John Kadlecek, Connie Wood, Mark Hodgkins, Dawn Szurek, Mike Armer, Bill Keniry, Esq., Planning Board Attorney, Susan York, Planning Board clerk and Kimberly Caron, Recording Secretary. Chris Mitchell joined the meeting at 7:40 p.m.
AGENDA MEETING:
Mr. Black stated that there is a quorum.
Minutes
Mr. Black asked for comments on the draft of the May meeting minutes. Mrs. York previously provided comments via mail. No other comments were presented.
Mr. Black asked for comments on the draft of the June 4, 2008 workshop minutes. Mr. Black asked for some additions to those minutes.
Public Hearings
Mr. Black stated that there are no Public Hearings.
Heflin/Durst (255-1-40.1, 41, 43.1, 43.2, 43.3)
Mr. Black stated that this is a placeholder as this matter is on hold.
Lot Line Change
Flynn/Hayes (237-1-49.21 & 237-1-50)
Mr. Black stated that the Board received new drawings on April 22, 2008. Mr. Black stated that the additions that the Board requested have been added to the new drawing. Mr. Black stated that both parcels are shown on the drawing and the Right to Farm note has been added. Mr. Black stated that no one was present representing this matter last month.
Mr. Black stated that the application would need to go to the County, as it is located in the Agricultural district. Mr. Black stated that the Board could review SEQRA and act on the application next month after receiving the County response.
Site Plan Review
MPH Properties, LLP (256-1-103)
Mr. Black stated that there is no new information for this meeting. Mr. Black stated that the applicants have contacted Mr. Keniry for an extension of time. Mr. Black stated that the objective for tonight is to clarify the information needed to move forward.
Mr. Keniry stated that the applicants feel that they do not want to waste the Planning Board’s time because they do not have sufficient additional information to bring to the Board’s attention at this point.
Mr. Kadlecek inquired if they working on the soil data.
Mr. Keniry stated yes, some of the information is becoming available now but there is no formal report yet.
Mr. Black stated that during the workshop, Mr. Stewart raised a question about how much engineering time does the Board want him to spend before approval. Mr. Black stated that Mr. Stewart was concerned about doing the work and not receiving an approval. Mr. Black stated that Mr. Keniry answered the question stating whatever is required.
Mr. Black stated that full site plan review would get into stormwater management practices and details of the stormwater management system including detailed engineering drawings and the like. Mr. Black stated conceptually, how to approach it is different than the details of the exact dimensions, etc. Mr. Black suggested that the Board could get enough information to be sure that all of the requirements could be satisfied and give the applicants preliminary approval and have the ZBA act on the special use permit contingent upon the Planning Board’s final site plan review. Mr. Black stated that this would save the applicants the risk of huge engineering fees. Mr. Black stated that he contacted Mr. McNamara for his opinion and Mr. McNamara stated that was the approach taken most of the time in cases like this.
Mr. Black stated that he then contacted Mr. Keniry to get his opinion and Mr. Keniry was also in favor of the preliminary review and approval. Mr. Black stated that he asked Mr. Keniry to contact Mr. VanVranken, ZBA attorney, for his opinion. Mr. Black stated that Mr. VanVranken is not in favor of this plan. Mr. Black stated that Mr. VanVranken stated that the ZBA would like a completely clean bill of health from the Planning Board before the ZBA does anything.
Mr. Keniry stated that Mr. VanVranken’s preference is to have the ZBA be the last Board to act on this application.
Mr. Black stated that he contacted Alan Grattidge for his opinion. Mr. Black stated that Mr. Grattidge has no problem with that process as long as it is clearly documented. Mr. Black stated that when the Planning Board provides the preliminary approval to the ZBA, it will also have a list of what has to be done in the final approval stage that has not been completed now and the Planning Board will recommend that it be approved contingent on that final approval. Mr. Black stated that he would like to propose that the Planning Board move forward in that direction.
Mr. Black stated that tonight, the Board will need to clarify for the applicants what information is required in detail. Mr. Black stated that Mr. Keniry would draft a letter to the applicants with the Board’s requests. Mr. Black stated that the 62-day from Public Hearing clock is running and the applicants have requested an extension. Mr. Black stated that the letter could also address that issue. Mr. Black stated that the list of what the Planning Board wants should be as follows:
-soils data from test holes and perc tests, both in the locations where the septic system will go and the stormwater management retention area;
-preliminary designs for the septic systems and the stormwater management systems and the basis for those designs;
-lighting plan (drawing of specific lighting plan) and notes to indicate the type of lighting and fixtures as well as hours of operation;
-landscaping plan (drawing of specific landscape plan), size of the plants and the species of the plants;
-actual size of the lot on a stamped survey; and
-a separate drawing of the building elevations (conceptual building design).
Mr. Black stated that based on that information the Board could do a preliminary approval. Mr. Black stated that the letter should state “copies of the information to each Board member 10 days in advance”.
Mr. Kadlecek raised the issue of the removal of the water from the parking lot to the retention pond. Mr. Kadlecek inquired if the Board could get the engineer involved to come up with a better plan.
Mr. Black stated that he has talked to Mr. McNamara and his comments were that the DEC preferred open swales properly planted and erosion control for steep slopes.
The Board discussed the issue of stormwater management for the parcel.
Mr. Armer asked for clarification of the preliminary approval.
Mr. Black stated that if the information is provided the Board could grant preliminary approval and then send it back to the ZBA for yes or no on the special use permit. Mr. Black stated that if the ZBA approves it, approval would be contingent on a final site plan review and final approval of the Planning Board.
Mr. Kadlecek raised the issue of parking spaces. The Board discussed reducing the number of parking spaces and the effects on the stormwater management plan if reduced.
ZBA Referral
Rao (247-1-67)
Mr. Black stated that in reviewing this application the issue is that they do not meet the minimum lot width. Mr. Black stated that there are also issues with the setbacks. Mr. Black stated that in order to fit the barn they would have to be put it in the center of the property. Mr. Black stated that the drawing is not clear.
Reports
Mr. Black stated that there would be standard reports.
The meeting was closed at 7:45 p.m.
BUSINESS MEETING
Opened at 7:46 p.m. with the Pledge of Allegiance.
Mr. Black stated that the Board would be moving to Agenda item #5.
Lot Line Adjustments
Flynn/Hayes (237-1-49.21 & 237-1-50)
Mr. Black stated that the Board received new drawings on April 22, 2008 that addressed what the Board requested. Mr. Black stated that this lacks County approval. Mr. Black stated that Mrs. York will send the application to the County and next month the Planning Board will be in a position to approve this application. Mr. Black stated that the applicants need not come next month as long as they get the mylars to the Board.
Mrs. York provided the filing instructions.
Mr. Black stated that Mrs. York will notify Mr. Hayes once County approval is received.
Mr. Hayes stated that he will wait to hear from the Board.
Minutes
Mr. Kadlecek made the motion to approve the draft of the May 19, 2008 minutes with changes incorporated. Ms. Szurek seconded the motion. All were in favor. Mrs. Wood abstained from the vote.
Mrs. Wood made the motion to approve the draft of the June 4, 2008 workshop minutes with changes incorporated. Mr. Armer seconded the motion. All were in favor.
Subdivision Applications
Heflin/Durst (255-1-40.1,41,43.1,43.2,43.3)
No one representing this matter appeared.
Mr. Black stated that there has been no action and this is a placeholder.
Site Plan Review
MPH Properties, LLP (256-1-103)
The Board continued discussions on reducing the number of parking spaces from 50 to 38 and the effects that would have.
Mr. Black stated that the discussions concluded 38 parking spaces as the maximum number of parking spaces the Board would prefer. Mr. Black stated that the applicants did agree to only paving 38 spaces now and banking the other 12 in case there is a need for them in the future. Mr. Black stated that the goal is to maximize open space and minimize impervious surfaces.
The Board had further discussions about the number of parking spaces.
Mr. Black stated that, in the letter to the applicants, it can be indicated that the Board has had second thoughts about approving 50 parking spaces, banking 12 spaces for future use, and would rather have 38 spaces only for one building and design the stormwater management system for 38 spaces. Mr. Black stated that the Board would like to limit the approval of parking spaces to 38.
Mr. Black stated that he would like to modify the list of information the Board is requesting to include not just elevations of the proposed building, but the floor plans including the original plan construction and also the annex to be added later.
Mr. Black stated that, the letter Mr. Keniry will be drafting, will address the extension of time.
Mr. Keniry reviewed the list of information the Board will be requesting:
-soils data, test holes and perc;
-preliminary design information on the stormwater management system and septic system with basis for designs as proposed;
-lighting plan – drawing with notes and specifics for fixtures and hours;
-landscaping plan – drawing with notes of sizes of plantings and species of plantings;
-stamped survey to address the quantity of acreage;
-building elevations and floor plans including the annex.
Mr. Keniry stated that the letter will also address the Board’s current thoughts about the 38 parking spaces and request stormwater information for that amount of spaces.
Mr. Kadlecek inquired if the Board was going to do anything with energy efficiency.
Mr. Black stated that there is currently nothing in the Zoning Regulations about energy standards. Mr. Black asked Mrs. Verola if there should be higher standards especially for commercial buildings.
Mrs. Verola stated that the Zoning Ordinance Review Committee could answer that.
Mr. Black stated that the topic of energy came up at the workshop, and as there is nothing in the ordinance, the Board cannot require it.
Mrs. York stated that the new plans would need to be forwarded to the County and to Mr. McNamara. Mrs. York asked Mr. Keniry to make the applicants aware in the letter that the Board will need 14 copies of the information provided.
ZBA Referral
Rao (247-1-67)
Mr. Black stated that the Board would be sending a letter to the ZBA recommending disapproval on the basis of substantial deviation from the current codes and that the setbacks to the stable would also have to be modified from what’s on the plan to meet the requirements, as they barely meet the requirements.
Zoning Administrator Report
Mr. LaFountain provided the report for May 2008 and reviewed it with the Board.
Correspondence
Mr. Black stated that there was no correspondence to review.
Town Board Liaison
Mrs. Verola asked that if the Board received any information on the addition to the Girls School. The Town Board would like the information passed on to them.
Mr. Black made the motion to adjourn the meeting. Mr. Kadlecek seconded the motion. All were in favor.
The meeting was adjourned at 8:30 p.m.
Respectfully Submitted,
Kimberly A. Caron
Recording Secretary
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