7575 Van Buren Road, Baldwinsville, NY 13027
Planning Minutes 04/5/2010
April 5, 2010
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 absent
Anthony Geiss, Chairman present
MINUTES:
Motion Mr. Geiss asked the Board to entertain a motion to accept the March Meeting minutes as amended. Mr. Thomas 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 absent
Mr. Geiss, Chairman yes
Mr. Crandon recused himself from the following application.
CRANDON
2435 Brickyard Rd Tax map Parcel ID # 054-01-07.1
Mr. Charles Farrell and Mr. Harold Crandon were present to address the Board.
Mr. Geiss read the County comments aloud.
Mr. Geiss asked about the highway boundary.
Mr. Farrell said there has always been a problem with that because the deed is to the center line of the road and the surveyor has drawn it to the center line of the road. They could put it up to the line but then they would have land between the area of the center line and highway line that Mr. Crandon would still own. If the Board would like them to revise the map to show the highway boundary, they can certainly do that.
Mr. Geiss asked that they revise the map.
Mr. Geiss mentioned the second county comment regarding the 60ft right of way.
Mr. Farrell said there is a 60ft right of way on Warners Rd.
Mr. Farrell and the Board discussed the access to the remaining lands.
Motion #10-10 Mr. Geiss asked the Board to entertain a motion with regard to SEQR for the Crandon subdivision at 2435 Brickyard Rd Tax map Parcel ID # 054-01-07.1. This is a subdivision of lot 6 of 1.47 acres off of the entire parcel which is 48.47 acres which leaves a remaining acreage of 47 acres. This is the existing house and barn being divided off the remaining acres. There is no significant adverse environmental impact with regard to this subdivision. Mr. Thomas moved to accept the motion, seconded by Mr. Knapp. There was no further discussion. Motion carried, unanimously.
Motion #10-11 Mr. Geiss asked the Board to entertain a motion to approve the Crandon subdivision at 2435 Brickyard Rd Tax map Parcel ID # 054-01-07.1. This is per the map that is dated 02/11/2010 showing the establishment of lot 6 out of a total acreage of 48.47 acres. This map will be revised to show the front lot boundary along the existing county highway boundary and also the county commented on master planning for this area and since the Town does not have any new roads for this area in the master plan and the Town does not intend to establish roads because that would be encouraging urban sprawl in doing that. There also is an existing 60ft right of way on Warners Rd complying with the county’s request and that would remain open for future access to the back. Should there be any further subdivision the Board
will look to see if an additional 60ft right of way is needed on Brickyard Rd which has 221ft available. Mr. Ruddock 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 absent
Mr. Geiss, Chairman yes
Mr. Geiss said there are no park fees for this subdivision.
Mr. Crandon rejoined the Board.
SCHMIDT – PUBLIC HEARING
Pottery and Herman Rd. Tax Map Parcel ID# 055-08-14.3
Mr. Arnold Schmidt was present to address the Board.
Motion #10-12 Mr. Geiss asked the Board to entertain a motion to recess the normal board meeting to go into the Schmidt public hearing. Mr. Virginia moved to accept the motion, seconded by Mr. Ruddock. There was no further discussion. Motion carried, unanimously.
Motion #10-13 Mr. Geiss asked the Board to entertain a motion to waive the reading of the public hearing notice. Mr. Virginia moved to accept the motion, seconded by Mr. Knapp. There was no further discussion. Motion carried, unanimously.
Mr. Schmidt said this is a 12 acre parcel and he would like to subdivide it into 4 lots with a common driveway and a future right of way to lot 1. The reason for the subdivision is because he has had interest from companies who want smaller pieces of property to build a building on Industrial land.
Mr. Geiss said lot 1 is 32.41 acres and the Board is not looking at the subdivision of lot 1. Lot 3 is 2.998 acres, lot 4 is 3.598 acres, lot 5 is 3.274 acres and lot 6 is 2.435 acres.
Mr. Geiss asked if there was anyone that wished to speak either for or against this proposal.
No one spoke.
Motion #10-14 Mr. Geiss asked the Board to entertain a motion to close the public hearing and return to regular session. Mr. Thomas moved to accept the motion, seconded by Mr. Crandon. There was no further discussion. Motion carried, unanimously.
SCHMIDT – SUBDIVISION
Pottery and Herman Rd. Tax Map Parcel ID# 055-08-14.3
Mr. Arnold Schmidt was present to address the Board.
Mr. Geiss read the County comments aloud.
Mr. Geiss said the applicant has provided a right of way for future access from the driveway that is being put in to lot 1.
Motion #10-15 Mr. Geiss asked the Board to entertain a motion with regard to SEQR review and determination for the Schmidt subdivision on Pottery and Herman Rd. Tax Map Parcel ID# 055-08-14.3. The Board had previously listed this as an unlisted action under SEQR, this is the subdivision of the remaining lands into lot 3 is 2.998 acres, lot 4 is 3.598 acres, lot 5 is 3.274 acres and lot 6 is 2.435 acres. This is per the map submitted by the applicant which is dated 09/28/07 with latest revision of 04/02/2010. There is no significant adverse environmental impact with regard to this subdivision. Mr. Crandon moved to accept the motion, seconded by Mr. Ruddock. There was no further discussion. Motion carried, unanimously.
Motion #10-16 Mr. Geiss asked the Board to entertain a motion to approve the Schmidt subdivision on Pottery and Herman Rd. Tax Map Parcel ID# 055-08-14.3. This is per the applicant’s map which is dated 09/28/2007 with latest revision date of 04/02/2010 which shows the subdivision of lots 3, 4, 5, and 6. This being an Industrial zone there is no park fees required for this subdivision. Mr. Thomas moved to accept the motion, seconded by Mr. Crandon. There was no further discussion. Motion carried, unanimously.
CANNATA MEADOWS
State Fair Blvd Tax Map Parcel ID# 64-01-24.1, 33.1, and 33.2
Mr. Lou Cannata was present to address the Board.
Mr. Cannata said over a year ago their PUD expired so the property reverted back to R-40 and they tried to market the land under the PUD but the amount of wetlands really compromised the property for any major type of development. They are now looking to try to subdivide 4 lots and box off their property which is the service center, giving them a good size buffer for the future.
Mr. Cannata said that he plans on just subdividing and selling the lots and he does not plan on developing the lots. They will also be putting in a private driveway and he also sent a plan in to Jeff Till (Dept. of Health) for three of the lots to tie into the sewer on Margaret Dr. and Mr. Till is working on that to see the logistics of that.
Mr. Cannata said the big parcel that is left is just going to be a big lot for whoever wants to buy it but it is a very challenging lot with the main area of entry that they had hoped to use for access basically covered in wetland so they have a very narrow piece of property that they could come in on but it would be a very long driveway to build a house or whatever someone might like to do with it.
Mr. Geiss said coming off of Route 48 there is a 60ft wide reserved for future access and that was setup for an access to the backland.
Mr. Cannata said in the event that it was developed but that access would compromise their business. If the property was developed with multiple houses, that would be the reason for providing that access.
Mr. Geiss asked what the access would be for lot 3a.
Mr. Cannata said there is 43.88ft on O’Brien Rd and whoever bought it could put in a private road.
Mr. Geiss asked what the reasoning is behind the large size of the lot.
Mr. Cannata said the biggest lot has quite a bit of wetland in it and they could not really make another lot because of the wetland. It is a larger lot but it is not entirely useable for the full 4 acres.
The Board and Mr. Cannata discussed the PUD that the applicant had proposed previously.
Mr. Virginia said the distance to access those lands from Route 48 versus Margaret Dr. is quite a bit different but he thinks on the flip side if he bought a home on a cul-de-sac and now there is someone who wants to develop and wants to keep their costs down and open up the cul-de-sac because of their cost issues and now the applicant is coming to the Board as the developer and part of development when this PUD was laid down was that 60ft right of way was there for a reason so he is not too favorable on the driveway off of Margaret Dr.
Mr. Geiss asked that the PUD map that was proposed previously be provided for the next meeting so the Board can compare the access areas.
The Board and the applicant discussed putting more lots in instead of just three and the applicant stated he would like to only put in three residential lots.
Motion #10-17 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 Cannata Meadows Amended subdivision proposal on State Fair Blvd Tax Map Parcel ID# 64-01-24.1, 33.1, and 33.2 as proposed on the applicant’s map dated 3/25/2010 with a revision date of 04/02/2010. Mr. Thomas moved to accept the motion, seconded by Mr. Crandon. There was no further discussion. Motion carried, unanimously.
Motion #10-18 Mr. Geiss asked the Board to entertain a motion to call a public hearing for May 3, 2010 at 7:03pm for the Cannata Meadows Amended Subdivision. Mr. Thomas moved to accept the motion, seconded by Mr. Knapp. There was no further discussion. Motion carried unanimously.
Motion #10-19 Mr. Geiss asked the Board to entertain a motion to refer the Cannata Meadows Amended subdivision to County Planning for review. Mr. Thomas moved to accept the motion, seconded by Mr. Knapp. There was no further discussion. Motion carried unanimously.
INFORMAL
Mr. Parla said he has a small business at 7764 Route 48 and he would like to rezone his business back to Residential because he is having a difficult time selling the property.
Mr. Geiss said the property is between the gas station and the Jehovah’s Witness building.
Mr. Parla said the property has been on the market for over a year and they have had interest but it has been for people that want a home occupation such as a hair dresser and flower shop.
Mr. Geiss said the property doesn’t qualify for that because people can’t live there and hold a business, the Town does allow home occupations but this property has the large driveway and parking for a large number of people and the zoning is Local business.
Mr. Geiss said he is aware of the applicant’s desires but nothing was ever submitted to the Board to look at this formally and to get on the agenda.
Mr. Hunt said legally this should be before the Town Board rather than the Planning Board because the Town Board makes the decision whether to entertain the proposal and if the Town Board decides to entertain it then they would send it to the Planning Board for a recommendation. The Town Board has the unlimited discretion to decide whether to even entertain a zone change.
Mr. Parla asked if it made it to the Planning Board would there be any opposition to rezone it back to residential.
Mr. Geiss said there may be because that is a business district along that route and that is why when he voted on it he recognized it as that and it turned into a business like the businesses coming out of the village and this was a general progression up to and including Jehovah’s Witness. So that made this a very goods area to keep it as a business and moving it back to residential is going to cause problems and could also be spot zoning.
Mr. Geiss said he doesn’t know if the Town Board will entertain this but the Board also has questions because when the applicant presented the change to local business it was welcomed as a change because it fit into the planning of the Route 48 corridor.
The Board and the applicant discussed plans of a road coming into that area across the street and more local business.
The Board and the applicant discussed the criteria for variances.
Mr. Geiss asked the applicant to submit to the Town Board if he was still interested in a zone change.
OTHER BUSINESS
Mr. Geiss said the Greater Baldwinsville Chamber is looking to have a meeting on Wednesday at 5pm at Lysander Town Hall and asked if any other Board members could attend.
Mr. Thomas said he would attend.
The Board discussed the sheds at River Mall and unkempt properties around the Town.
ADJOURNMENT
Motion
Mr. Geiss called for a Motion to adjourn at 8:06 p.m. Mr. Crandon moved to accept the motion, seconded by Mr. Thomas. There was no further discussion. Motion carried, unanimously.
Respectfully Submitted,
Vera Cavallaro
Planning Board Secretary
| ||
