7575 Van Buren Road, Baldwinsville, NY 13027
March 2008 Planning Board minutes
March 3, 2008
The Regular meeting of the Planning Board of the Town of Van Buren, held at the Town building, 7575 Van Buren Road, Baldwinsville, New York, was called to order at 7:00p.m.
Those present joined in the Pledge Allegiance to the Flag.
Roll Call: Harold Crandon present
James Virginia present
James Ruddock present
Eric Knapp present
Fred Thomas present
Norma Goodman present
Anthony Geiss, Chairman present
Also present: Brad Hunt, Attorney
Jim Billings, Town Engineer
Vera Cavallaro, Planning Board Secretary
MINUTES:
Ms. Goodman made a few typo corrections.
Motion Mr. Geiss asked the Board to entertain a motion to accept the February Minutes as amended. Ms. Goodman moved to accept the motion, seconded by Mr. Crandon. There was no further discussion. Motion carried, unanimously on a roll call vote that follows:
Mr. Virginia yes
Mr. Thomas yes
Mr. Knapp yes
Mr. Crandon yes
Mr. Ruddock yes
Ms. Goodman yes
Mr. Geiss, Chairman yes
Mr. Crandon recused himself from the following application.
HAWLEY HEIGHTS AMENDED - SUBDIVISION
East Sorrell Hill Rd Tax Map Parcel ID# 049-05-04.1 & 049-05-06.0
Mr. Charles Farrell was present to address the Board.
Mr. Farrell said that the applicant is Bruce and Margaret Kramer and what they are doing is taking the parcel that they are purchasing from the Crandon's and combining it with their existing parcel which is along E. Sorrell Hill Rd. They are purchasing approximately 29.34 acres and combining that with their existing parcel which is shown as lot 3 with a total of 32.85 acres. The land is going to stay in agricultural use and they are purchasing it because of the two springs the are the source of the water supply to the Kramer home and by purchasing this they gain control over that and they are going to continue to rent out the 32 acres for farming purposes.
Mr. Farrell explained the subdivision map to the Board.
Mr. Geiss asked that the applicant provide the Board with the exact amount of acreage that is being taken off of both tax map parcels.
Mr. Farrell said that the acreage shown for lot 3 includes the Kramer parcel.
Mr. Geiss said that the property to the south was previously subdivided for lots 1 and 2 and now they have lot 3 plus the remaining land so they are at a total of four lots and they are keeping the 60ft right of way going back.
Motion 08-13 Mr. Geiss asked the Board to entertain a motion to declare this as a major subdivision. Mr. Thomas moved to accept the motion, seconded by Ms. Goodman. There was no further discussion. Motion carried, unanimously.
Motion 08-14 Mr. Geiss asked the Board to entertain a motion to declare the Town of Van Buren Planning Board as lead agency, a single agency uncoordinated review for the unlisted action under SEQR for the Hawley Heights Subdivision Amended at East Sorrell Hill Rd Tax Map Parcel ID# 049-05-04.1 & 049-05-06.0. This is the creation of Lot 3 which is going to be 29.75 acres which is taken from both of the above parcels and when combined with the Kramer property it will be 32.85 acres. The applicant has maintained the 60ft access on E. Sorrell Hill Rd as well as the 220ft. This property would be brought into the Kramer property and it is for purposes of bringing the spring and the pump house back into their property which they utilize. There is no significant adverse environmental impact with
regard to this action. Ms. Goodman moved to accept the motion, seconded by Mr. Thomas. There was no further discussion. Motion carried, unanimously.
Mr. Geiss said since this lot is being combined with the Kramer property and the Board is not creating a new lot there will be no park fees.
Motion 08-15 Mr. Geiss asked the Board to entertain a motion to call a public hearing for the Hawley Heights Amended Subdivision for April 7, 2008 at 7:05pm. Mr. Virginia moved to accept the motion, seconded by Ms. Goodman. There was no further discussion. Motion carried, unanimously.
Motion 08-16 Mr. Geiss asked the Board to entertain a motion to submit the Hawley Heights Amended Subdivision to the Onondaga County Planning Board for review. Ms. Goodman moved to accept the motion, seconded by Mr. Virginia. There was no further discussion. Motion carried, unanimously.
Mr. Crandon rejoined the Board.
HYACINTH LAND DEVELOPMENT - SUBDIVISION
Van Buren & Ellsworth Rd. Tax Map Parcel ID# 031-02-06.2, 031-02-04.1 & 031-02-03
Mr. Julian Clark was present to address the Board.
Mr. Clark said that they were here last month to discuss the subdivision process and the main comment was the length of what they are now calling street 5. The Town has a regulation that a cul-de-sac can only be 500ft long and they have gone back and revised the plan to include a connecter street that they are calling street 3 to alleviate that problem and he believes all of the other issues have been resolved.
The Board and the applicant discussed if this project goes into the Village of Baldwinsville and the applicant stated that it borders the Village.
Mr. Geiss asked for the amount of lots.
Mr. Clark said that there are 60 residential, 1 zoned for commercial and 1 zoned for apartments and 20 town houses.
Motion 08-17 Mr. Geiss asked the Board to entertain a motion to declare the Town of Van Buren Planning Board as lead agency a single agency uncoordinated review for the unlisted action under SEQR for the preliminary plat for Hyacinth Land Development at Van Buren & Ellsworth Rd. Tax Map Parcel ID# 031-02-06.2, 031-02-04.1 & 031-02-03. This is a PUD which was previously approved with area that included both residential and commercial. The applicant is proposing to develop 60 residential lots, 1 commercial lot and 1 lot for future apartment development along with 20 lots which would have a common 0 lot line for town houses. This is a parcel which is a total of 48.2 acres which had been reviewed before when the PUD was formed. There is no significant adverse environmental impact with
regard to this preliminary plat. Mr. Thomas moved to accept the motion, seconded by Mr. Crandon. There was no further discussion. Motion carried, unanimously.
Motion 08-18 Mr. Geiss asked the Board to entertain a motion to declare this a major subdivision. Mr. Thomas moved to accept the motion, seconded by Mr. Crandon. There was no further discussion. Motion carried, unanimously.
Motion 08-19 Mr. Geiss asked the Board to entertain a motion to call a public hearing for April 7, 2008 at 7:10pm for the Hyacinth Development Preliminary Plat. Mr. Thomas moved to accept the motion, seconded by Mr. Knapp. There was no further discussion. Motion carried, unanimously.
Mr. Geiss discussed park fees with the applicant and stated that the Board will hold the motion for park fees until after the public hearing.
Motion 08-20 Mr. Geiss asked the Board to entertain a motion to refer the Hyacinth Development Preliminary Plat to Onondaga County Planning for their review. Mr. Thomas moved to accept the motion, seconded by Mr. Crandon. There was no further discussion. Motion carried, unanimously.
The Board asked that the application be sent to the Village of Baldwinsville since this property adjoins the Village and that sometime in the future there may be an extension into the Village.
WARNER - SUBDIVISION
New State Route 31 Tax Map Parcel Id# 032-01-06
Mr. Scott Warner was present to address the Board.
Mr. Geiss went over the County recommendations.
The Board discussed the County asking for a 60ft right of way and that the remaining lands are to be combined with Mr. Warner's property so the right of way is not needed.
Mr. Geiss said the wetland boundaries are shown on the applicant's map.
Mr. Geiss asked the applicant to revise the final plan to show a note on lot 1 stating that it is not a residential building lot or the applicant needs to obtain septic approval and also that the building line that was set by the ZBA be shown on the map.
Motion 08-21 Mr. Geiss asked the Board to entertain a motion to declare the Town of Van Buren Planning Board as lead agency a single agency uncoordinated review for the unlisted action under SEQR for the Warner subdivision at New State Route 31 Tax Map Parcel Id# 032-01-06. This is the subdivision of this parcel into two parcels with lot 1 being 5.29 acres of which there is a special condition under ZBA for setback off of the road and also the second lot which is 10.88 acres which is to be combined with the parcel in front owned by Scott Warner which is parcel 032-01-14. There is wetlands on this property and the approximate NYS Wetland boundary is shown on the map and there will be a 100ft buffer that the applicant can't work within unless they work with both DEC and Corp. of Engineers. There
is no significant adverse environmental impact with regard to this subdivision. Mr. Thomas moved to accept the motion, seconded by Ms. Goodman. There was no further discussion. Motion carried, unanimously.
Motion 08-22 Mr. Geiss asked the Board to entertain a motion to declare this as a minor subdivision. Mr. Virginia moved to accept the motion, seconded by Mr. Thomas. There was no further discussion. Motion carried, unanimously.
Motion 08-23 Mr. Geiss asked the Board to entertain a motion to approve the Warner subdivision at New State Route 31 Tax Map Parcel Id# 032-01-06. This is as shown on the applicant's map which is dated August 2, 2007 with a final revision of 1/8/08 and it is titled final plan. This is the creation of Lot 1 of 5.29 acres and remaining parcel of 10.88 acres which is to be combined with the Scott Warner property along Route 31. This property shows an approximate location of NYS wetland boundary and it should be noted that the wetland boundary plus a 100ft buffer must be adhered to with regard to these parcels and the applicant can not do anything without obtaining permits from the DEC or the Army Corp. of Engineers and further that on lot 1 the map must be amended to include a statement that lot1
is not a residential lot under Onondaga County Health Department regulations and therefore is not approved for residential use and any individual sewage disposal system must be approved by the Onondaga County Health Department prior to conversion to a building lot and issuing of a building permit. The building line has been set by ZBA and the dimension should be noted from the ZBA minutes. Mr. Thomas moved to accept the motion, seconded by Mr. Knapp. There was no further discussion. Motion carried, on a roll call vote that follows:
Mr. Virginia yes
Mr. Thomas yes
Mr. Knapp yes
Mr. Crandon yes
Mr. Ruddock yes
Ms. Goodman yes
Mr. Geiss, Chairman yes
The Board had a discussion concerning the park fees and the interpretation of a residential lot.
Motion 08-24 Mr. Geiss asked the Board to entertain the following motion:
WHEREAS Town Code Section 175-5 (C) establishes the criteria for the reservation of parkland on residential subdivision plats or the imposition of a sum of money in lieu thereof; and
WHEREAS, the purpose of such a provision is to prevent deterioration in the quality of park and recreational services to residents in the Town of Van Buren as a result of a new residential development; and
WHEREAS, based on the present and anticipated future needs for park and recreational facilities in the Town relative to the projected population growth in the Town to which the Warner subdivision will contribute, a proper case exists for requiring that a park or parks be suitably located for playground or other recreational purposes within the Town; and
WHEREAS, a suitable park or parks of adequate size to meet the Town's requirements can not be properly located within the Warner subdivision, nor is there a need for such additional facilities in the immediate neighborhood,
NOW, THEREFORE, BE IT RESOLVED that a proper case exists regarding the Warner Subdivision development for requiring the developer pay a park fee of $150 per lot for a residential lot under Town of Van Buren interpretation. Ms. Goodman moved to accept the motion, seconded by Mr. Crandon. There was no further discussion. Motion carried, unanimously.
SPANO, INC - ZONE CHANGE
Van Buren Rd Tax Map Parcel Id# 055-08-18 IND Overlay
Mr. Rudy Zona, Mr. Fogel, Mr. Mattie and Mr. Spano were present to address the Board.
Mr. Fogel said that their application before the Board tonight is for the creation of an Industrial overlay district and the last time they were before the Board, the Board asked a number of questions and since that time they have been diligently working on answering those questions and giving the Board more details about the project. Last week they had a work shop session with members of the Planning, Town and Zoning Board of Appeals and at that time they submitted an additional submittal dated 2/26/08 that had a number of exhibits attached to it.
Mr. Geiss said that they had a very good meeting last week but one of the items that came up at that meeting was under Section 200-20 of the zoning regulations which is the interpretation of uses and specifically prohibited uses and under 200-20 C it states "without limiting the generality of the foregoing provisions the following uses are specifically prohibited in all districts: smelters; blast furnaces; slaughterhouses; rendering plants; hide tanning or curing plants; manufacture or processing of fertilizer, bone, rubber asphalt, ammonia, chlorine; manufacture or refining of gasoline, gas, explosives; bulk storage of explosives; landfills; and all uses from which wastes are discharged into the air, land, public sewer systems, groundwater, streams, rivers, or bodies of water in violation of local, state and federal health standards". He read that as rubber asphalt and there is no comma in the code between the two, however if the Board goes back to the original, the intent was for
the code to read asphalt comma rubber but it does read rubber asphalt without a comma at this time. Realizing what the intent here is and the fact in proceeding further to look at the overlay he has had discussion with the attorneys and the Board first needs a code change to lift the prohibited use and then they can proceed with the overlay.
The Board and the applicant discussed challenging the term asphalt versus amending the current zoning code.
Mr. Fogel explained the differences between manufacturing asphalt and a hot mix facility.
Mr. Geiss said that odors do come off of the asphalt when it is heated.
Mr. Virginia asked if they have to heat it to bind it or mix it.
Mr. Geiss explained how the asphalt is actually mixed and what the condensers do to reduce the odors that are associated with it.
Mr. Geiss said the Board does have a drawing showing the whole lot and they show the setback as 340ft off the road and 150ft from both sides and 200ft from the back. One of the things that they discussed at the meeting is that there would be no vegetation changes in those setbacks and there are treed areas in all of those and the trees would remain and that would allow them to utilize the flat area or the borrowing area from years ago and it would also allow them some expansion of what they have.
Mr. Virginia said the south west winds would blow any odors if there are any to the nursery on the other side of the road.
Mr. Geiss said that there is going to be quite a lot of trees and everything else that is going to mix that all up.
Mr. Geiss said that they have done some basic traffic work and it is covered in the descriptions and they also covered odors and trucks.
The Board and the applicant discussed hours of operation and night paving.
Mr. Crandon asked if the Board could possibly grant them something conditional to start with for hours of operation and then have them bring in a monitoring sheet after they have operated 3 months.
Mr. Geiss said a way to do the hours is that they could propose something but the Board would require on a quarterly basis that they would report the actual operating hours when they would deviate from that and then the Board would have a record for the first two years or something and he thinks the Board can set up the times of operation that way so that it would be a little bit of give and take but the Board would have it available for review.
Mr. Geiss said that the applicant stated that they were going to adhere to the 60 decibel noise level at the property line but he thinks that they have to do better than that when they are working at night. The applicant is going to look at that because at that time they talked about vegetation and other things that are there and all the way around the site and how that would affect the noise.
Mr. Fogel said that they plan on getting more information to the Board about the noise.
Mr. Thomas asked if the Board could get a truck count also.
Mr. Geiss said that would be good that way the Board knows how many trucks are going in or out when they are operating.
Mr. Virginia said that he read their packet and regarding the noise the only thing that was discussed was the burner but the applicant has also asked to put a rock crusher there but he doesn't see anything addressing the rock crusher and the noise the rock crusher creates. Is the rock crusher less of a noise maker than the drum that spins the asphalt and the aggregate and combines it and if they were in a DOT contract and they were paving at night would they need to run the rock crusher at night to break up the aggregate or would that already be processed and staged and ready to go.
Mr. Spano said the noise is about the same but they would not have to run the rock crusher at night.
Mr. Fogel said that they are going to go into more detail in their noise analysis.
Mr. Fogel explained different types of rock crushers.
Mr. Geiss said that they are set up to take recycled materials as well.
Mr. Ruddock said that there is a difference between running equipment at night and running trucks in and out at night and obviously if they are paving through the night it sounds like they could crush the stone during the day and stockpile it but they are going to be heating the aggregates right up until the time that it is mixed and poured into a truck.
Mr. Spano said that it could be stored in the silos.
Mr. Mattie said that they will be purchasing two silos and the silos can hold for about 24 to 36 hours.
Mr. Ruddock said if they could tell the Board that they are not going to run the stone crusher after 6pm and they are able to heat all of the asphalt that if they were going to go into an overnight paving that material would have already been heated in the silos and that all they would be doing is mixing it and trucking it out as opposed to running a blast furnace to heat it and a rock crusher to break it up.
Mr. Mattie said if they have certain jobs at night the silos may be depleted so they may have to mix at night depending on the size of the orders that come in but for the most part their intent would be to heat it and put it in the silos so that they would not have to be running the plant at night but there may be some State jobs with a large amount of tonnage.
Mr. Ruddock said that the Board asked the oil tank farm to tell the Board how many trucks that they thought they were going to have and they were reporting back not to exceed a certain number and that number was based on what the Board thought the traffic count was and it wasn't an open ended argument, the Board wanted a best estimate on what they thought they would be doing based on their operation and then the Board was monitoring it as that operation and the number of tanks that were on the farm increased. He doesn't think it should be an open ended thing with the trucks; to a certain extent if they are able run past normal business hours and still be able to pave into the evening then it would almost be that they are looking at the amount of hours that they are anticipating this load to be whether it would be four hundred or six hundred
hours per paving season and he knows that they don't know which contracts they are getting but for them to be able to turn the equipment on at any time in the middle of the night he thinks that is what is going to get the residents upset and that is what the Board has to look at from a SEQR stand point; what are they doing sound wise and noise wise.
Mr. Zona said in their traffic analysis they did an analysis on how many trucks that they could possible get in and out of that facility and what this facility could actually produce and it was 150 tons per hour so they can't do any more than that.
Mr. Virginia asked how many trucks that equates to.
Mr. Zona said that he thinks it is 148 trucks per day and they analyzed that with 50% going at peak hour which is probably not going to be the case and they were very conservative on their analysis so if the Board looked at that and an idea of what they might get if they ran that thing constantly for 24 hours atleast from the truck standpoint but they can't produce anymore hot mix than 150 tons per hour.
Mr. Ruddock said that if they know a top end number like that then if anyone asks it can be said that number is the max coming out of the plant until they increase the size of the plant.
Mr. Zona said under maximum operating conditions of 150 tons per hour there would be 90 delivery trucks, 4 passenger employee cars, and 62 service trucks. So there would be 156 total trips and that would be a 24 hour day.
Mr. Ruddock asked what the down time would be that they need on the plant.
Mr. Mattie said unless there is some type of maintenance required there will not be a down time because they are projecting to buy a brand new plant. Typically they could run it 24/7 and that would be the best scenario for them but Mr. Zona evaluated the worst case from a traffic perspective.
The Board discussed the different types of trucks that would be frequenting the plant and that most truck traffic would be dump trucks.
The Board discussed the changes that need to be made to the code to allow for this facility.
Mr. Geiss reviewed the Spano committee meeting with the Board.
Motion 08-25 Mr. Geiss asked the Board to entertain a motion to send a positive recommendation to the Town Board for the Town to amend Chapter 200 of the Town Zoning Code, specifically chapter 200-20 (C) that there be a comma added between rubber and asphalt and that also the definition for heavy industrial be amended to include a hot mix asphalt facility to be allowed and only be allowed into a Planned Industrial District as identified as INP. Mr. Thomas moved to accept the motion, seconded by Ms. Goodman. There was no further discussion. Motion carried, unanimously.
Mr. Geiss told the applicant that they need to submit a long form EAF for the next meeting.
LAMAR ADVERTISING - ZONE CHANGE
O'Brien Rd Tax Map Parcel Id# 051-03-01.2
Mr. Mike Bishoff and Mr. Victor DeJohn were present to address the Board.
Mr. Bishoff said that they are specifically requesting that this parcel on O'Brien Rd be permitted to have a BSO Overlay district.
Mr. Geiss asked the size of the parcel.
Mr. Bishoff said approximately 49,000sf.
Mr. Bishoff said the lot is currently zoned PUD and after reading the zoning code his understanding is that this PUD allows for residential and commercial uses. He has reviewed the Town's code of the BSO district for off premise advertising and if this Board gives a positive recommendation to the Town Board and the Town Board allows this he believes that the property would be permissible to allow for an off premise advertising sign that will only be seen by Route 690 per the code.
Mr. Bishoff said in review of the code his opinion is that no other approved use permitted in the Town would be permissible on this lot without multiple variances being granted and he says that because there are some unique topographical characteristics of this property in that it is severely sloped and the lot width itself once any of the setbacks are applied make it somewhat unusable for any residence or standard business. The lot would have to have variances for width and depth and once these setbacks are applied it would severely limit the amount of useable space they have on the property.
Mr. Bishoff said that the property is depressed below Route 690 and O'Brien Rd which creates problems with water runoff but he doesn't believe it is designated as a wetland but a review of the property does show that there are several wet areas at various times of the year which makes it somewhat unusable. This property was irreparably changed due to the construction of Route 690. This property used to be part of the DeJohn property across the highway but once the highway was built it split the parcel and the parcel was left to exist as a separate tax identification number and it is still a taxed lot on the books of Van Buren.
Mr. Bishoff believes that the off premise sign would be the highest and best use of this property and by permitting the overlay district the Planning Board and the Town would be allowing the landowner to make the highest and best possible use in their opinion of the property.
Mr. Bishoff said the reason why they would like to put a billboard sign at this location is because of the ever growing nature of the Town of Van Buren, Town of Lysander, and the Village of Baldwinsville. The commercial presence is ever increasing and they are looking to service those clients in those small businesses in the area to get their message out to vehicular traffic along Route 690 so in essence this billboard is providing a medium of advertising for those businesses that are going to be in the Towns and Village. Town services are also not needed for this sign and signs are a taxable use under the NYS tax law so this would be increasing the value of this property and they would be paying school and property taxes to the Town of Van Buren and County.
Mr. Thomas asked if a road or driveway would be needed.
Mr. Bishoff said that they would have to put a gravel driveway in.
Mr. Crandon asked the type of sign this would be and how long the advertising would be in place.
Mr. Bishoff said that it would most likely be a vinyl ad that is in place for 30 days or longer and it will be lighted per the Town code and the lights that these typically have are lights that shine from the bottom up.
Mr. Geiss said that this area was designated residential in this particular PUD and just recently was amended to allow for a cell tower across the road next to the water tower.
Mr. Bishoff said that he referenced the commercial uses because of the gas station, golf course and others that are in the PUD and that this parcel has never had any residential on it.
Mr. Geiss said that residential was planned for that area and he understands the references that were made to the businesses but that was planned as residential and that was the reason the cell tower had to have a zone change to allow it to be placed on the property across the road and when this PUD was being presented there were plans for houses by the water tower and when the gas station and car wash wanted to go into that area they had to get a change to the PUD because originally it was scheduled where Fulton Savings Bank and the Fire Department is located now so this parcel is not a combined commercial residential, it is residential.
The Board and the applicant discussed the original Village Green PUD and what was permitted.
Mr. Geiss said when this parcel was divided by Route 690 whoever owned the property was compensated and Mr. DeJohn bought this property in its current condition.
Mr. Bishoff said that this particular piece of property was not compensated for because the State would have taken the property into State custody if compensation was given.
Mr. Virginia said that the applicant bought the property long after eminent domain sliced it up and compensated the owner and the argument that the applicant is making to say that the owner is owed compensation is not a valid argument.
Mr. Geiss stated that this property was before the Board for a sign on a previous occasion before the new code was established.
Mr. Billings said that the Town code requires that a billboard be no less than 1000ft from any residence and it looks like this is well within 1000ft.
Mr. Geiss said that the committee worked to get an overlay zone so that signs were allowed in the Van Buren area and predominantly the committee looked at the industrial areas as where the signs would be most appropriate, not the residential areas.
The Board discussed areas in the Town that are designated BSO districts.
Mr. Geiss said the applicant is asking the Board to move the overlay district to allow a sign in to this residential area.
Mr. Bishoff said his opinion differs on how this PUD is viewed by the Board saying the majority of this PUD is residential because there are a lot of commercial allowed in it and in fact the Board just possibly allowed a cell tower in the same vicinity also they are only asking because there is no other applicable uses in the Town that could be applied to this particular property and it is on the tax rolls and the owner is paying taxes on it and they are not asking for just compensation because there is no authority taking the property, they are asking that the highest and best possible use and right now in their opinion is allowing a sign to be put on it.
Mr. Geiss said the Board looked at the property across the road and the cell tower is going to be back further behind the tank but the Board also had a proposal for houses up there from the land owner across the road and the Board saw a sketch for some zero lot lines that the land owner never pursued at this time but there have been two different proposals of how to build on that property of which this sign is going to be in the view as they look out of their houses.
Mr. Bishoff said if the cell tower gets approved wouldn't that be in their view.
Mr. Geiss said it depends on the way the houses are built and that had to get changed by the Town Board to be allowed there; it was a separate action from setting an overlay, the Town Board had to change the PUD.
Mr. Geiss said as he remembers being on that overlay committee, the committee did not look at the residential areas for the overlay and specifically that is why they stayed on the other side of Route 690.
The Board discussed the different zoning allowed in the Village Green PUD and where those different districts are.
Mr. Bishoff said that he doesn't see the problem with the sign if these homes are going to be looking at a cell tower.
Mr. Virginia said that the Planning Board has to look at the future in terms of what the best use of that land is and if the Board allows a sign there and a developer comes in and looks at that for potential residential use the Board is going to have a very difficult time developing that land for residential when these people are looking at that lighted sign at 10pm at night. That is what the Planning Board is designed to do and that is why that PUD was set up like this; to protect that land for future development in the event that residential does get put there and if the sign gets put there then the options are very restrictive.
Mr. Bishoff said that if the residents are going to see the lights from the sign then they are going to see the lights from across the highway at the trucking station.
Mr. Virginia said that those residents have the ability to make that decision when they purchase that property, this is undeveloped land at this time and the Board is trying to best protect it.
Mr. Bishoff said that they have no way ever to make use of that property unless they acquire part of that golf course.
Mr. Virginia said that the owner knew what it was zoned when it was bought and it is not up to the Planning Board to try to make the land suit the landowners use when the Board has to look at the whole developmental aspects of the area not just this parcel.
The Board and the applicant discussed the topography of the parcel, how high the proposed sign would be and other areas of the Town that are in the overlay district.
Mr. DeJohn said that there is an existing overlay district that is less that 1000ft from his home.
The Board explained that although there may be an overlay district within 1000ft of a residence there may be an area within that district that complies with the code for billboards.
Motion 08-26 Mr. Geiss asked the Board to entertain a motion to send a negative recommendation to the Town Board concerning the Lamar Advertising Zone Change for O'Brien Rd. Tax Map Parcel Id# 051-03-01.2 because this is set up in a residential district and specifically the overlay that was originally set up was setup for industrial areas therefore the Board is not looking at putting a billboard or anything in a residential area. Ms. Goodman moved to accept the motion, seconded by Mr. Crandon. There was no further discussion. Motion carried, unanimously.
OTHER BUSINESS
Mr. Geiss discussed the land use committee meeting with the Board.
The Board discussed having emails sent out as reminders for committee meetings and placing the date in front of each application noting when the application first started.
Ms. Goodman let everyone know that there is a Downer St Corridor Meeting on March 5th at 10am at the Town Hall if anyone was interested in attending.
ADJOURNMENT
Motion
Mr. Geiss called for a Motion to adjourn at 9:21 p.m. Ms. Goodman moved to accept the motion, seconded by Mr. Crandon. There was no further discussion. Motion carried, unanimously.
Respectfully Submitted,
Vera Cavallaro
Planning Board Secretary
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