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Present: Chairman Tom LaPerch; Boardmembers Dennis Sullivan, Edwin Alvarez, Phil Wissel, Dan Armstrong, Jim DiBella; Town Attorney Will Stephens; Town Planner Ashley Ley; Wetland Inspector Steve Coleman; Secretary Victoria Desidero. Boardmember David Rush was absent and excused.
PUBLIC HEARINGS:
- METRO PCS, LLC CONDITIONAL USE PERMIT – This item was on the agenda for a conditional use permit and a site plan review public hearing. Lucia Chiocchio of Cuddy & Feder appeared before the Board on behalf of her client who is applying for collocation and a 10 ft. extension of the monopole on the cell tower at 87 Hillside Park. Ms. Chiocchio noted that she will appear before the Zoning Board of Appeals on Monday, June 21, 2010 regarding the variance for the 10 ft. extension. There was discussion about questions that have been raised about the ownership of the road /driveway to the site and who is responsible for the taxes and maintenance of that road. Ms. Chiocchio stated that both Cuddy & Feder, and American Tower, owners of the cell tower, have reached out to Kevin Palmer at the Highway Department
to try and resolve these questions. Chairman LaPerch asked for questions/comments from the audience and Lynne Eckardt, resident of Southeast, asked how many other cell towers in Southeast are built to the height being requested. Ashley Ley, Town Planner, said she would have to research that question. Ms. Eckardt also asked how much more visible the extension will make the tower to neighbors in the area and are there any plans to add trees to hide the tower? Ms. Eckardt suggested that, in the future, applicants be asked to bring to Public Hearings photos of the area under discussion large enough to be mounted for viewing by the public. Chairman LaPerch thanked her for that suggestion. There being no more comments or questions from the audience, the motion to close the Public Hearing was introduced by Chairman LaPerch, seconded by Boardmember Wissel and passed 6-0 in favor, 1 absent. Further Planning Board review of this application was tentatively scheduled
for June 28, 2010, pending approval from Zoning Board of Appeals on June 21, 2010, and resolution of the issues being discussed with the Highway Department.
REGULAR SESSION:
- ALCON, LLC SITE PLAN, Fields Lane – This item was on the agenda for a referral to the Town Board for the Release of the Performance Bond. Stating that the project has been constructed in accordance with the approved site plan, and a letter recommending release of the bond had been received from Thomas Fenton of Nathanial L. Jacobson & Associates, P.C., Chairman LaPerch introduced a motion to positively refer the release of the Performance Bond of $640,000.00 to the Town Board. The motion was seconded by Boardmember Armstrong and passed 6-0 in favor, 1 absent.
- SOMCHAI REALTY AMENDED SITE PLAN (aka Cintas), Route 22 – This item was on the agenda for a sketch plan review. Phillip Doyle of LADA, PC, and Judson Siebert of Keane & Beane, PC, appeared before the Board on behalf of their client who is in the process of cleaning up the site and rectifying several violations cited by Zoning Enforcement in a courtesy letter and addressing some issues raised by Boardmember Armstrong at the April Planning Board meeting. These included the replacement of a missing curb, the relocation of the dumpsters to the rear of the building, the replacement of guide rails, patching and re-paving a portion of the driveway, and the addition of top soil, grass seed, and erosion control barriers on a portion of the parking area that was re-claimed as lawn. In addition,
the rear property line was staked by a surveyor. The applicant addressed the over-utilization of the parking areas by locating an overflow off-site parking area outside the Town of Southeast. Mr. Siebert stated that they are proceeding along two tracks: one is to remedy the violations on the site that can be immediately addressed (such as the relocation of the dumpsters), and the second is to amend the 1998 approved site plan to reflect the as-built conditions of the site. Mr. Siebert provided the Board with copies of an “as built” survey prepared by Terry Bergendorf Collins as well as photographs showing recent improvements. Chairman LaPerch asked Town Planner Ashley Ley to update the Board as to the status of this site plan review. Ms. Ley stated that the 1998 approved site plan was not implemented completely and therefore, the applicant is in violation. She said they were now amending the original site plan to include some modest improvements and that the
next steps would be for them to file a preliminary application, to initiate the formal site plan review, begin the New York State Environmental Quality Review Act (“SEQRA”) process, and allow the board to set a Public Hearing. Boardmember Sullivan said he was not comfortable approving the changes to the site plan when there had been no repercussions for the applicant not complying to begin with. Town Attorney Will Stephens said there is an on-going effort to get sites into compliance and the Performance Bond should not have been released when the project was complete if the site was inspected and found not to be in compliance. Boardmember Armstrong apologized to the applicant for losing his patience the last time they appeared before the Board and said he had already apologized to the Board. Boardmember Armstrong asked several questions about the turnaround, including the missing berm, the inadequate size of the turnaround for large trucks, the size and number of
parking spaces, and parking violations along the driveway. Mr. Doyle referred to the amended site plan to respond to these questions. Chairman LaPerch stated that this applicant would be back before the Planning Board several more times with updates before the approval process would be complete. The project site is adjacent to land owned by the New York State Department of Environmental Conservation (“NYSDEC”) that is known to contain wetlands. Wetland Inspector Steve Coleman asked if the buffer of any State or locally regulated wetlands extended onto the Project Site. The Applicant was not aware of any wetland buffers extending onto the Project Site, as none were identified on the 1998 site plan. Chairman LaPerch noted that the Town of Southeast wetland law has changed since 1998, and that a new wetland permit may be required as part of the amended site plan approval. The next step for the Applicant is to file a preliminary application with the Planning
Board.
- JNR HOLDINGS, 2469 Route 6 – This item was on the agenda for an amended site plan review, a special permit application, Intent to Declare Lead Agency, and to schedule a public hearing. John Cotugno appeared before the Board on behalf of his client and said since they last came before the Planning Board they had updated their plans as requested. He said that they have revised the planting schedule to reflect the botanical names of the proposed species and replaced the “Burning Bush” shrubs with a native, non-invasive shrub. Chairman LaPerch asked if Mr. Cotugno had received the memo dated June 11, 2010, from AKRF and asked about Item #2 regarding their not being able to locate prior Special Permit approval. Mr. Cotugno checked with Town Clerk and no record of prior approval
was found. Boardmember Armstrong asked about Item #4 requiring an area variance, and Mr. Cotugno said they are also going to the Zoning Board for a variance. Chairman LaPerch asked if Item #2 on Jacobsen’s memo of June 10, 2010, had also been addressed. Mr. Cotugno said they are working on it. Chairman LaPerch introduced a motion to set a public hearing on the proposed site plan and special permit for July 12, 2010, which was seconded by Boardmember Wissel, and passed 6-0 in favor, 1 absent. Chairman LaPerch introduced a motion to declare the Town of Southeast Planning Board’s Intent to be Lead Agency under SEQRA, seconded by Boardmember Armstrong and passed 6-0 in favor, 1 absent. A motion was introduced by Chairman LaPerch to refer the applicant to the Architectural Review Board for preliminary review, seconded by Boardmember Armstrong and passed 6-0, 1 absent.
- PARACO GAS CO. AMENDED SITE PLAN, Route 6 – This item was on the agenda for referral to the Town Board for consideration of a wetlands permit. Harry Nichols appeared before the Board on behalf of his client, Mr. Roberts. Mr. Nichols explained that he had already appeared before the Town Board for a work session. A motion was introduced by Chairman LaPerch to refer the proposed project to the Town Board for approval of the wetlands permit, as it has been found to be in compliance with the Town’s Wetland Ordinance, seconded by Boardmember Alvarez, passed 6-0, 1 absent.
- TYBURN (aka Lyons Properties), Welfare Road – This item was on the agenda for a wetlands permit. The applicant seeks a permit to install a driveway within the wetland control area on a 13+ acre building lot on the corners of Welfare Road and Sherwood Hill Road. Chairman LaPerch asked if issues of site access had been addressed by the applicant. Harry Nichols, appearing on behalf of his client, said that these issues are being addressed and will be reflected in updated drawings. Steve Coleman noted the items needing to be addressed in his memo dated June 11, 2010. A motion was introduced by Chairman LaPerch to declare the Town of Southeast Planning Board’s Intent to be Lead Agency under SEQRA for application made by Tyburn (aka Lyons Property), 20 Welfare Road, seconded by
Boardmember DiBella, passed 6-0, 1 absent. Chairman LaPerch introduced a motion to set a Public Hearing on the wetland permit application for July 12, 1010, which was seconded by Boardmember Armstrong, and passed by a vote of 6-0, 1 absent.
- BREWSTER ELKS LODGE, Route 22 – This item was on the agenda for an amended site plan review, Declare Lead Agency, and to set a public hearing date. Terri Hahn of LADA, PC, appeared before the Board on behalf of her clients, who were also present, and stated that, although the intent was to have had the site plan approval extended for two years, it has been determined that the resolution language didn’t say two years so they are applying for exactly the same approval they had received in October of 2008. Boardmember Armstrong asked about the process for re-approving the previously approved site plan. Town Planner Ashley Ley said the Planning Board could re-affirm status as Lead Agency for the purposes of SEQRA as declared on March 24, 2008. A motion was introduced by
Chairman LaPerch to Declare Lead Agency and set a public hearing on the proposed site plan for July 12, 2010, for the application known as Brewster Elks Lodge, Route 22, seconded by Boardmember Armstrong, passed by a vote of 6-0, 1 absent.
- DYKEMAN’S CORPORATE PARK – This item was on the agenda to review the amended site plan, declare lead agency and set a public hearing. Terri Hahn, appeared on behalf of her client to ask for re-approval of a previously approved site plan for two warehouse buildings proposed to be 24,000 sq. ft. and 20,000 sq. ft respectively. Ms. Hahn explained that the applicant wants to go forward with the project in a phased approach. Chairman LaPerch said that the phased approach had been discussed at his staff meeting and that, as he understands it current economic conditions require starting the project now and finishing when funding permits. There was discussion about how this works with the bonds and Chairman LaPerch stated that the bonds are tied to the three phases and are released only
when each phase is completed. Terri Hahn said that once a Building Permit is issued, the project is underway and renewals of approvals will no longer be an issue. A motion was introduced by Chairman LaPerch to declare lead agency for the application known as Dykeman’s Corporate Park and to set a Public Hearing for July 12, 2010, seconded by Boardmember DiBella and passed 6-0, 1 absent.
- TOWN OF SOUTHEAST ZONING MAP – This item was on the agenda for the Planning Board to refer the matter of adopting a new GIS-based zoning map to the Town Board for review. Town Planner Ashley Ley explained that in recent years there have been requests from the Buildings Department and the Tax Accessor to get more accurate zoning maps. The GIS formatted zoning map is easier to use and, because it is digital, can be overlaid on other agency’s maps. In the process of preparing this map, areas were identified where tax parcels did not perfectly align with the current zoning map. In order to officially make this the new zoning map, a public hearing and Town Board approval are required. Boardmember Armstrong asks if this will impact property owners if the new map changes something
about how they are currently zoned. Ms. Ley said that this is possible and that is the reason a public hearing is required. Boardmember Sullivan asked if all of the affected property owners would be notified of the changes. Ms. Ley stated that the new map, and all the information regarding the proposed changes, including the addresses and Tax ID numbers of the affected properties, could be posted on the Town’s website for people to see prior to a public hearing. Boardmember Armstrong suggested a Hold Harmless clause for those who might be negatively impacted by the new map and Town Attorney Stephens said that would not be possible. Ms. Ley said we could determine the addresses of the properties affected by the map changes, and could provide that information to the Town Board should they choose to individually notify property owners. Boardmember DiBella agreed that everything that could be done should be done to notify people who would be affected by the
changes to the map. Chairman LaPerch asked Ms. Ley to edit his letter to include a suggestion to the Town Board that these notifications be made. A motion was introduced by Chairman LaPerch to send the letter, with the new language as written by Ms. Ley and approved by him, included, to the Town Board. Boardmember Armstrong seconded and the motion was passed 6-0, 1 absent.
The motion to accept the minutes from the May 24, 2010 meeting was introduced by Chairman LaPerch, seconded by Boardmember Wissel and passed 6-0, 1 absent.
Chairman LaPerch told the Board the new hours for the Planning office at 1 Main Street are Monday through Thursday, 9 am to 4:30 and Fridays by appointment. He asked Town Attorney Will Stephens about the Secretary’s questions about how long records need to be kept, etc., and Mr. Stephens said that is the Town Clerk’s determination.
Mr. Wissel asked about the time sheets Supervisor Rights wants signed and Chairman LaPerch asked everyone to do their best to meet this requirement.
Chairman LaPerch asked Town Attorney Stephens to bring the Board up to date on the decisions regarding Brewster Honda. Mr. Stephens explained what happened at the Town Board meeting. The resolution passed by a roll call vote of 3 to 2, however there is still a question as to whether or not a super majority vote is required, which will be discussed and reviewed again at the June 24 Town Board meeting.
The motion to close the meeting was introduced by Chairman LaPerch, seconded by Board member DiBella and passed 6-0 in favor, 1 absent.
June 21, 2010
VAD
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