March 5, 2007 The Regular Meeting of the Planning Board of the Town of Van Buren, held at the placeTown Building, 7575 Van Buren Road, Baldwinsville, New York, was called to order at 7:00 pm. Those present joined in the Pledge of Allegiance to the Flag. ~Roll Call:       Harold Crandon                    present                 James Virginia            present                 James Ruddock                      present                 Eric Knapp                               present                 Fred Thomas                           present                 Mary Frances Sabin               present                 Anthony Geiss, Chairman     present ~Also present: ~~ Brad Hunt, Attorney                   Jason Hoy, Engineer                   Dave Pringle, Codes Enforcement Officer                   Vera Cavallaro, Planning Board Secretary MINUTES: Mr. Thomas made a correction to one typo on page six. ~Motion~ Mr. Crandon made a motion to accept the February minutes as amended.~ Mr. Thomas seconded the motion, 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. Sabin                            yes Mr. Geiss, Chairman          yes CANNATA MEADOWS – SUBDIVISION State Fair Blvd. Tax Map Parcel Id# 064-01-33.1 Mr. Hal Romans and Mr. Cannata Jr. were present to address the Board. Mr. Geiss said that the Board had a Public Hearing last month but since then the applicant has changed the proposal so another Public hearing will have to be called. Mr. Romans said that the plan the Board saw before was a four lot subdivision which included the Orlieb property and since then the Orlieb’s have decided they do not want to be a part of this subdivision. They took lot number four which was Orlieb out and lot three has changed in area and lots two and one have remained the same. The addition to lot one is that they have reserved a 60ft access to go back to lot three. The intent here is lot two is under contract for purchase and he believes that the buyers have already come in for preliminary site plan. Mr. Geiss said that they came in for informational only. Mr. Romans said as the properties on State Fair Blvd come up for sale and can be purchased by the applicant the applicant would eventually like to relocate the 60ft right of way which is preferred by DOT but as of right now it is reserved on their lot one so that if the back property does get developed they would have that right of way. Mr. Romans said that he did a sketch just showing what would happen if they couldn’t get another 60ft right of way because the one they have showing currently would limit what they could get back to. Mr. Romans and the Board discussed the build out sketch of a cul-de-sac on the back property that was provided. The applicant is not asking for this build out at this time. Mr. Romans said that at the last meeting drainage was brought up that is coming from the south up by the school property along the east side of O’Brien Rd. and from Village Green and the sanitary pump station is very close to that area. He looked at some record maps of these properties and there is a high point where this drainage does come down the road and there are two 27in culverts under O’Brien Rd. at the time the subdivision maps that he viewed were completed. The drainage way drains southeast down to State Fair Blvd. Any development that is done in this lot is going to have to take into consideration that drainage way. Mr. Cannata had a discussion with the Board about intentions with the back property and how they are content with keeping it as it is and selling the front lot for the present time. Mr. Romans said that what they are asking for tonight is just the three lot subdivision which is lot three that has the 25ft access, lot one is 6 acres and adjacent to the drainage easement that is centered on the front property line is a 60ft reservation for access to the back. Mr. Geiss asked if they were also looking to attach that one piece to lot one that is being taken out of the bigger lot and back to lot one. Mr. Romans said yes. Mr. Geiss said that they are attaching the 60ft as well to the lot that has Lou’s Car Care. Mr. Romans said yes it is being attached as a buffer in case the back lot ever gets developed. Mr. Geiss asked if anyone had any questions. Mr. Crandon asked if there was discussion relative to this PUD that they had to come in with a plan or something and is what they are doing satisfy the Town to get them out of possibly being fined because the PUD hasn’t been finished. Mr. Pringle said that there are no fines but they could lose the residential PUD. It could revert back to R-40. Mr. Geiss asked if they had any discussion with DOT about that proposed 60ft drive access. Mr. Romans said that he has not because it was a late addition and he didn’t get a chance to speak with them. Mr. Geiss said that if that were to happen would access to lot 2 come off of that 60ft. Mr. Romans said that it might and that he has not seen there lay out. Mr. Geiss said that they were in the midst of changing things but when the Board has that the Board might look at this and limit the driveways off of Route 48 so the access to that property would be off of that. Mr. Romans said that he would assume that their layout would probably show something like that but he is not sure were their storm water was shown but it was probably shown down in that area. The Board and the applicant had a discussion about the informational meeting that the Board had with B & C storage. Mr. Geiss asked what the width was were the proposed road and culvert is shown. Mr. Romans said that it was 107ft. If they measured from the 60ft right of way to the property line there is around 30ft and the culvert is centered directly in the 30ft. If that road were to be built in that location from a drainage stand point the culvert would be extended up and the new culvert would be put in underneath there. Mr. Cannata said that as far as building in the back area a potential road would probably never happen. Mr. Geiss said that for the applicant it might not happen but the Board has to look at who owns the property down the road. It is going to be an access for whoever owns the property in the future and that is what the Board has to look at because at this point the Board is eliminating the 60ft from the other spot now the Board needs to look at it over here because there has to be something off of Rt. 48. Mr. Crandon asked if they had to get something from the State that the State would accept that position for an access there before the Board says that is ok. Mr. Geiss said yes and also that another Public Hearing needs to be called because this has been previously subdivided and they are subdividing three lots here tonight and it needs to be referred to County and the applicant has to go to State DOT for permission to have that in this area. Ms. Sabin asked who’s name the drainage easement in lot 2 is in or is it just going to the potential buyers. Mr. Romans said that the intent is that easement would be turned over to the Town with the thought that this is a natural drainage way that drains water from O’Brien and also up the road and they would want the Town to have the ability to go in there if it was blocked, assess the situation and be able to clear it out. Mr. Geiss asked if this was in a drainage district. Mr. Hoy said that it is. Ms. Sabin asked if they were going to extend that easement into lot three at all. Mr. Romans said that they had talked about that at the last meeting and the intent is that when the developer comes in for lot three that is when that would be delineated because realistically if they were to do some kind of road or cul-de-sac coming in it would have to be relocated because they might not just have 30ft going in they may have a bigger drainage easement. Mr. Ruddock asked about the parcel above the Kings parcel that is being attached to Lot one which is a residential use that is being attached to a commercial parcel and what is the intent of that. Mr. Cannata said that it is just for the future in case the property in the back came up for sale and it would be used as a buffer. Mr. Virginia asked if there is an easement on lot three since it is in a drainage district for the Town to go in and clean that out. Mr. Hoy said that the Town currently does not have an easement there. Mr. Virginia asked if the Board wanted to look at possibly putting an easement there so the drainage could be addressed. Mr. Geiss said that the Town doesn’t have a drainage plan for that either so he doesn’t know what they would be doing as a drainage district. At this time the applicant is not working with lot three. Mr. Geiss asked if there were any other questions. Motion # 07-32  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 subdivision proposal for Cannata Meadows State Fair Blvd Tax Map Parcel ID# 064-01-33.1. This is as shown on their plans dated June 26, 2006 with latest revision 3/05/07. Mr. Thomas moved to accept the motion, seconded by Ms. Sabin. There was no further discussion, motion carried; unanimously. Motion # 07-33  Mr. Geiss asked the Board to entertain a motion to call a Public Hearing for April 2, 2007 at 7:05 for the Cannata Meadows subdivision State Fair Blvd Tax Map Parcel ID# 064-01-33.1; which is per the map submitted by the applicant dated June 26, 2006 with latest revision 3/05/07. Mr. Thomas moved to accept the motion, seconded by Ms. Sabin. There was no further discussion, motion carried; unanimously. Motion # 07-34  Mr. Geiss asked the Board to entertain a motion to submit this application to County Planning for review. Mr. Crandon moved to accept the motion, seconded by Ms. Sabin. There was no further discussion, motion carried; unanimously. The Board and the applicant had a discussion about the speed limit on O’Brien Rd. ACTION SPORTS – QUAKER STEAK AND LUBE 3417 Walters Rd Tax Map Parcel ID# 055-04-02.0 PUD Zoning District Mr. Geiss stated that the Board will also talk to the applicant about their Headrush application since they are the same. Mr. Julian Clark and Mr. Jake Wright were present to address the Board. Mr. Clark said that they are here for site plan discussion on lot 6 for the Quaker Steak and Lube which is an 11,700sf restaurant with 413 seats. There will be parking in the front towards addressStreetWalters Rd. and access will be a common access off of addressStreetWalters Rd to serve the restaurant and a couple other facilities. There has been a lot of waiting for the legal agreement for the reciprocal parking and the common access which he believes has been finalized and accepted by the Town. They also have received Special Use Permits from the ZBA for the shared parking for Lots 5 and 6 to use the parking on Lot 6 and also on Lot 1. The Plan that the Board has shows parking on Lot 6 and also the parking that has to be built on Lot 1 for the shared parking. There are some utilities that will need to be extended to serve the facilities; storm water will go to a storm water management basin located to the east of the property; a comprehensive storm water report was previously completed and reviewed by the Town. Mr. Geiss asked Mr. Hunt if the agreement was acceptable. Mr. Hunt stated that it was and that all the lots have reciprocal access. Mr. Clark said that the drainage is covered through separate drainage easements. Mr. Geiss asked if they had done some changes per the fire departments request. Mr. Clark said yes; the added hydrants, post indicator valves, removed some planters and made the access lanes 20ft wide. Mr. Geiss asked what the fire departments requirements are for post indicator valves. Mr. Pringle said the post indicator valve to shut off a fire suppression system is supposed to be a minimum of 40ft away from a building. Mr. Geiss said that in this case it is also shutting off the hydrants. Mr. Pringle said if they are their hydrants. Mr. Geiss said that it would be their hydrants because a post valve would not be the water department’s valve. Mr. Pringle said that it is really what the fire department wants. Mr. Clark asked what if the water line is not forty feet from the building. Mr. Pringle said that it physically can’t be done, there are certain things that they can do. Mr. Clark said that they could move the post indicator valve up to the line coming straight in. Mr. Geiss said that there is no problem with having the valve there which the water department can ok and turn off but a post indicator valve they won’t own. Mr. Pringle said they would want to shut the sprinkler system down but they wouldn’t want to shut the hydrants down. Mr. Clark said that he went by what the guy had sketched on the plan. Mr. Geiss said that the water system has yet to be designed. Mr. Clark said that there is a note that stated final water services as per Onondaga County Water Authority. Mr. Pringle said that they have to have a flap zone and it has to go by the size of the building, there has to be stationary for fire apparatus and if it is a type two building there are all types of variables that they can use to establish a safe zone. They would want to be able to shut the system down if they had to without putting the fire fighter in the collapse zone. Mr. Geiss said that maybe something can be worked out to put the line that way. Mr. Pringle said that they are working with the hotel too because the hotel has the same issue. Mr. Geiss said that he knows from the water aspect that the water Department will take ownership of the line including the hydrants and maintain them if they do the installation but if a post indicator valve gets put in they would stop right there; they won’t go beyond that because they would have a valve that anyone could operate and they wouldn’t want anything to do with it. Mr. Thomas asked if OCWA has an easement through there. Mr. Geiss said that OCWA has not been part of any design yet and there has been no reason for it until after the approval but he knows the criteria and what is acceptable and that is why he asked and it is to their benefit and the Town’s benefit that OCWA does maintenance for the hydrants. Mr. Geiss asked about the landscaping and wanted to know what the green puffs represented. Mr. Clark said red maple and that they are still planning on doing a comprehensive landscaping and signage plan for the whole site. The Board and the applicant discussed the size of red maple that the applicant planned on planting. Mr. Geiss said that the Board would like to see an overall landscaping plan when they start developing lot one which would then pull everything together. Mr. Geiss read the County Planning Board comments aloud. Mr. Geiss said that the traffic study must be updated for phase three. Mr. Clark stated that phase three will be after the water park is built and they come in for the expansion of the water park. Mr. Geiss said that he believes that the applicant has shown that the drainage doesn’t affect the Thruway and the Board has also saw a lighting plan for this project and concurrence with the Thruway that this will not interfere with them. Mr. Geiss said that the Board has looked at all elements of the County comments. Motion # 07-32  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 project plans submitted by Action Sports for Quaker Steak and Lube at 3417 Walters Rd. Tax Map Parcel ID# 055-04-02.  The site plan is per the applicant’s submittal on their plans sheet number SP1 of 1dated October 2006. Previously the Board has taken lead agency and this is for the restaurant which is located off of Walters Rd and which will have access off of Walters Rd. and the applicant shows that there is parking and has also submitted agreements for joint parking on adjacent properties as well as access for joint properties through this property and there has been a speed zone change on Walters Rd. for forty mph. which was lowered to that so access could be obtained off of Walters Rd. Traffic studies for this phase of the project as well as lighting studies have been completed. Therefore there is no significant adverse environmental impact in regards to this proposal.  Mr. Crandon moved to accept the motion, seconded by Ms. Sabin. There was no further discussion, motion carried; unanimously. Motion # 07-32  Mr. Geiss asked the Board to entertain a motion to approve the project plan Action Sports Quaker Steak and Lube at 3417 Walters Rd. Tax Map Parcel ID# 055-04-02 per the applicant’s map SP1 of 1dated October 2006. This map shows the general layout of the facility with the parking proposed and is subject to the applicant’s approved agreement with the Town for joint parking for which he has received a Special Use Permit from the ZBA also that they have produced a lighting plan for this project and have received approval from the NYS Thruway Authority. This plan is subject to an overall landscaping plan for the entire project area which includes this lot as well as the other lots in the overall Action Sports complex and that the Operating and Easement Agreement be filed with the Onondaga County Clerk’s office. Mr. Thomas moved to accept the motion, seconded by Mr. Crandon. There was no further discussion, motion carried; unanimously. Mr. Clark said that they would like that the 137 parking spaces be gravel until such time as the water park is built. Mr. Crandon asked if they have a time frame that the project will be completed so that it can be paved. Mr. Clark said that ideally next spring they will start construction. Mr. Clark explained to the Board the reason why they would like to leave it gravel for the time being. Motion # 07-32  Mr. Geiss asked the Board to entertain a motion that the auxiliary parking lot to the north is to be gravel at this time and it will be paved in approximately 2 year time frame. Mr. Thomas moved to accept the motion, seconded by Mr. Crandon. There was no further discussion, motion carried; unanimously. ACTION SPORTS – HEADRUSH 3417 Walters Rd Tax Map Parcel ID# 055-04-02.0 PUD Zoning District Mr. Julian Clark and Mr. Jake Wright were present to address the Board. Mr. Geiss stated that this proposal has the same County conditions as Quaker Steak and Lube and discussed the comments from the County. Mr. Clark said that Mr. Wright is looking to expand the existing facility on Lot 5 to include 25,000sf for BMX; 25,000sf for indoor go-carts and they have already been approved but have not yet built a 12,000sf addition for skate board. Parking will be as they had previously discussed on Lot 6 a shared use with the Quaker Steak and Lube restaurant and the future gravel parking lot on Lot 1. The site is served by existing utilities and these will be modified as needed for the expansion; storm water will go towards the east and to the storm water management basin that is going to be built. It will have common access through addressStreetWalters Rd via the new paved entrance. They also have received a special use permit for the shared parking and the agreement is in place for the reciprocal parking and access. Mr. Geiss said as previously discussed the Board will be making this subject to overall landscaping for the site. Mr. Clark said that they have also addressed the fire department’s comments for the 20ft drive lanes and the post indicator valves. Mr. Clark said that they also will be submitting an overall signage plan. Mr. placeStateVirginia said that he is looking at the 20ft loading zone on the south west side of the plan and asked if the trucks were going to have to come through the parking lot to service that area. Mr. Clark said that area was more for them to bring in motorcycles or go-carts and the fire department requested that it be made 20ft. wide. Mr. placeStateVirginia asked if they were going to be bringing in big trucks that are going to have to navigate through these cars that are going to contain these go-carts, motorcycles and everything else. Mr. Wright said that the go-carts are brought in once before they open and it’s not motorcycles it is bicycles and the kids will be coming in with their bicycles. The main reason for the road on the outside is for if they have a large BMX event then the kids can bring them around the outside and not jam up the inside. The Board and the applicant discussed what the applicant was going to have inside the facility for food vending and places for people to sit. Mr. Wright said that they already have a concession stand in their current location and they will be putting in around 15 circular tables for people to sit and eat. Mr. Ruddock asked what they will be doing for handicap accessibility inside the building. Mr. Wright said that they have ramps up on the hallway and ramps throughout the building. Motion # 07-32  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 project plan review for Action Sports Headrush at 3417 Walters Rd. Tax Map Parcel ID# 055-04-02.  The site plan is per the applicant’s submittal on their plans sheet number SP1 of 1dated October 2006 which the Board has previously taken lead agency. The Board has previously approved the skateboard now the indoor BMX is being added and the indoor go-cart facility. They do have an agreement with the other properties for access and joint parking in which the ZBA has given their approval for a special use permit for joint parking and they do have the speed change to 40mph for access on to addressStreetWalters Rd. Therefore there is no significant adverse environmental impact in regards to this proposal.  Mr. Crandon moved to accept the motion, seconded by Ms. Sabin. There was no further discussion, motion carried; unanimously. Motion # 07-32  Mr. Geiss asked the Board to entertain a motion to approve the project plan for Action Sports Headrush at 3417 Walters Rd. Tax Map Parcel ID# 055-04-02 per the applicant’s map SP1 of 1dated October 2006. This is with the condition that this map is subject to an overall site plan for landscaping for this properties and the adjoining properties on this overall complex and also that there will be an overall signage plan submitted in the future for this project including in coordinating with the other projects on this site. There has been an approved speed reduction to 40mph which has been obtained on Walters Rd. so access to the adjacent properties on Walters Rd has been approved and the applicant will be submitting an updated phase three traffic study as further development goes on the overall project. The lighting plan has been coordinated and reviewed and they also have obtained the lighting approval from the NYS Thruway Authority. This is also subject that the parking and access agreement will be filed with the County Clerk’s office. Mr. Thomas moved to accept the motion, seconded by Mr. Virginia. There was no further discussion, motion carried; unanimously. The Board and the applicant discussed the lighting and plans for lighting on the outside of the building. Amendment to Motion # 07-32     Mr. Geiss asked the Board to amend the previous motion to include that the applicant must submit a lighting plan if they plan on installing any other lighting than what has been approved. Mr. Thomas moved to accept the amendment to the motion, seconded by Mr. Virginia. There was no further discussion, motion carried; unanimously. PLAINVILLE  TURKEY FARMS – SITE PLAN Interstate Island Rd. Tax Map Parcel Id# 056-03-01.1 Mr. Ruddock recused himself from this discussion. Mr. Julian Clark was present to address the Board. Mr. Clark said that in January they submitted a proposal for a warehouse and office facility on Pottery Rd. and since that time Mr. Bitz became aware of this facility on Interstate Island Rd being for sale and they have decided to move forward with this property instead of the Pottery Rd. property. This is an existing warehouse facility that they are going to convert for their use of storage and processing the turkey’s and also to convert some space to offices. There is an existing car parking lot that they will use for their truck and trailer docking and they will be building a new car parking lot for 120 cars; about a 48,000sf parking lot. Mr. Clark said that they still have to complete the topographic map for the parking lot area and they have not yet completed their storm water management for that area. Mr. Thomas asked if this was going to take phase one and two of their original plan. Mr. Clark said yes. Mr. Geiss asked about the handicap parking spaces. Mr. Clark said that the plan still needs to be polished. The Board and the applicant discussed spots on the property which would be more appropriate for handicap parking spaces. Mr. Pringle stated that the proposal also needs fire department review. Mr. Geiss asked about the 150ft easement for overhead lines. Mr. Clark said that they are going to have to talk with National Grid. Mr. Geiss said that the Board will need that to approve the parking. Mr. Geiss asked why they are providing 118 parking spaces when only 62 are required. Mr. Clark said that Mr. Bitz was going back to having 100 employees. Mr. Geiss said for landscaping they see some trees by the parking but what is going to be done if front of the building. Mr. Clark said that they will come back with something for landscaping. Mr. Thomas asked if they were going to add to the lighting that is already there. Mr. Clark said that they will be adding some lighting for the car parking lot. Motion # 07-34  Mr. Geiss asked the Board to entertain a motion to submit this application to County Planning for review. Mr. Thomas moved to accept the motion, seconded by Ms. Sabin. 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                    recused Ms. Sabin                               yes Mr. Geiss, Chairman             yes . Motion # 07-32  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 site plan review for Plainville Turkey Farms Inc. on Interstate Island Rd. This plan is as submitted by the applicant which is dated February 2007 with no revisions. It is for the conversion of the existing industrial building for the purposes of placeCityPlainville and adding addition parking and doing some changes in asphalt to coordinate with the new use on the building. Mr. Thomas moved to accept the motion, seconded by Mr. Crandon. 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                     recused Ms. Sabin                               yes Mr. Geiss, Chairman            yes Mr. Geiss said that since the Board does not know the affect on drainage because they are adding asphalt the Board is going to request that a drainage review be done and submitted to the Town engineer. Lighting that is going to be added to the parking lot also needs to be reviewed and the Board is going to need more detail on the fuel storage and it needs to be coordinated with Mr. Pringle. Mr. Pringle said only the gasoline; diesel is not the problem. He said that he needs to know who is fueling it and things like that. The Board discussed other projects that have gasoline. Mr. Ruddock rejoined the Board. HARBOUR  HEIGHTS - SECTION 8 & 9 Waterfront Dr. to include Silverside and Dolphin Tax ID # 36-07-19.1 Mr. Doug Beachel and Mr. Dan Barnaba were present to address the Board. Mr. Beachel stated that they have three sheets; he has an overall plan that is not complete but it will show what they are getting at versus the original proposal or separate sheets for Sections 8 and 9. Mr. Geiss asked that they show the overall plan. Mr. Beachel said that there are a few typos on the drawing and explained to the Board what the typos consisted of. Mr. Beachel also brought the original map so that the Board could see how it has changed and the main changes are to a road configuration and a couple small lot changes but the bulk of the project has remained the same. A couple detention basins were added due to DEC and Army Corp interpretation of streams/ditches. Mr. Beachel said that they are asking for preliminary plan approval for both Sections 8 and 9 which is the complete build out for the rest of the project. They are happy with their land plan and they would like to get rolling on the next Section relatively soon and they would like to do their stream crossing and have that built prior to any changes at the DEC and Army Corp. Mr. Geiss asked if the entrance would be coming from South Gate to do this development because that was one of the original criteria when they started to get as far as they are now and then the next entrance would be from South Gate. Mr. Beachel said yes. Mr. Ruddock asked what the intended build out of the lots with the red spots are since they are all narrow and also if they were being sold to Ryan Homes. Mr. Beachel said that they intend to keep the lots with the red for themselves; Eldan Homes plans to build on those and then Ryan Homes has a contract for the remainder of the lots on Section 7 that they are currently in and Section 9. Mr. Ruddock said that an issue that the Board had with Ryan Homes on a previous project was that they came in with narrow lots and then they came back in to decrease the side yard requirements because they couldn’t sell the lots to the clientele or market that they thought they had. Mr. Beachel said that they are aware of that project and they recently resized these lots a bit to accommodate their footprints of the houses that they have seen selling in other parts of the County. Mr. Geiss asked if there are any zero lot lines. Mr. Beachel said no they are all detached; their original plan had 20 to 24 units that were attached town homes and they have gotten rid of that. The original contemplative plan had 175 units and they are down to 161 for a total build out on this plan. Mr. Thomas said that the minimum in R-10 that the Town no longer uses is 80ft. and there are 60ft. lots. Mr. Geiss said that they have setbacks that they are required to meet and he believes that they are 24ft. total and they were set as part of the PUD. There are definite setbacks here for these houses and they were based on the house. They had the front yard, side yard and rear yard with set numbers on all of those. Mr. Thomas said that he is more concerned with side yard. The Board discussed the minimum side yard requirement of 24ft. Mr. Beachel said that the PUD requirements are on the preliminary plan and that Mr. Pringle probably has a copy of that also. Mr. Geiss said that on the PD lots they have to have 22ft. The front to the garage has to be 22ft to get the cars in. Mr. Beachel said that the red detached villas are patio detached and he doesn’t believe there are any that are at that 60ft minimum. Mr. Barnaba had a discussion with the Board about the beginnings of the PUD until the present time. Ms. Sabin asked if there were any home owner associations applicable in Sections 8 or 9. Mr. Barnaba said that at this time there are not and they are actually having a hard time and struggling with that issue. They have some communities in Clay and Manlius where they have home owners associations and on one hand they are appealing to people that don’t want the maintenance but they are a deterrent to people that don’t want the fees. Just for basic services they are talking $110 to $120 a month and even that $1500 a year could deter people from buying a home. They are certainly not going to create a home owners association for the other builder and they are just not sure how they are going to do that. Mr. Virginia asked about green space. Mr. Barnaba said that there is a parcel of land that was formerly four or five building lots that will be dedicated to the Town when the Town is ready to accept it but right now there is a large top soil pile on it. All of the area around the ponds will be maintained and they are even showing some potential walking trails and they might do something with the wood chips or something like that and they would like to leave things in a natural state. They are not intending to leave the community behind with a management structure to take care of this property so dedicating it to the Town would put a liability and a burden on the Town; not creating a home owners association means that there is perhaps not a mechanism or a vehicle to dedicate the property to. They could look in to a save the County type organization or they could come back to the Board and extend all the lots lines but he would prefer not to do that but they will probably stay entitle to it as long as they are building out there. He frequently has been contacted by some of the residents back there and he is hearing that they are showing some interest in small sections of property but they don’t want a situation were they are disclosing to residents that they can enjoy the property and then someone fences it off. He hasn’t been back there very often but there is matted down walking areas and it is very nice. Mr. Geiss said that he doesn’t think that the Town was looking it to taking that. Mr. Barnaba said that they wouldn’t burden the Town with that but some other Town’s have parks and recreation departments that don’t mind cutting grass or doing that sort of thing but certainly it is a decision for the Town Board. Mr. Geiss said that there was also discussion about not making that grass or anything but keeping it wild and discussion with the existing homeowners that no change was going to be made in that area. Mr. Barnaba said that when he says green space they are not talking about cleaning it up and making it park land they are just talking about forever wild but perhaps putting some wood chips down or something. Mr. Geiss said that he could see the walkways but keeping it green was the intent there and he thought it was going to be part of the home owners association or whatever not the Town. Mr. Barnaba said that may still be the case; they may still create a very modest home owners association that has annual dues of 25 or 40 dollars a year just for the sake of replenishing wood chips. Mr. Geiss said that he thinks that the original intent was and he didn’t know if the trails by themselves but if it got into the home owners they would have the right and provide access back there but then they could do whatever they wanted. Mr. Barnaba said that the DEC is being quite diligent in that they are putting covenant or notes in their deeds prohibiting dumping and they are pretty much in favor of seeing a home owners association created because they felt that there would be covenant in the deeds that prohibited that type of use. The Board and the applicant had a discussion about home owners associations. Mr. Barnaba said that it has been a pleasant experience even though the delay they ran in to with the DEC sort of had them lose some prime time in the market and the home building market has slowed down a little bit but this subdivision has always performed very well and the Town of Van Buren land development has not outrun the need for houses so there is not an abundance of building lots so when developers are putting building lots on line there always seems to be a pent up demand for the lots. They have had people tell them that they wish Eldan had built more of the homes but when he bought this land and contemplated this project his company was building 15 or 20 homes a year and he didn’t have the wisdom then to know that he would need this many lots and his sales staff would all love it because they have had no trouble selling their homes but they signed a contract with another builder and they are patiently waiting for their section to come on line. Motion # 07-32  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 Harbour Heights preliminary plot approval for Sections 8 and 9 Tax Map Parcel Id# 36-07-19.1. This subdivision is shown on three different maps, two maps for Section 8 and one map for Section 9 which has been submitted by the applicant for review. This is part of an overall project for Harbour Heights of which the Board has previously looked at Sections 4, 5, 6, and 7 which are the new Sections which attach to the existing Harbour Heights from back in the 70’s. Mr. Virginia moved to accept the motion, seconded by Mr. Crandon. There was no further discussion. Motion carried; unanimously. Motion # 07-34  Mr. Geiss asked the Board to entertain a motion to send Harbour Heights Section 8 and 9 to placePlaceTypeCounty PlaceNamePlanning for review. Ms. Sabin moved to accept the motion, seconded by Mr. Crandon. There was no further discussion. Motion carried; unanimously. Motion # 07-33  Mr. Geiss asked the Board to entertain a motion to call a Public Hearing for the preliminary plot for Harbour Heights Sections 8 and 9. This Public Hearing will be April 2, 2007 at 7:15. Mr. Virginia moved to accept the motion, seconded by Mr. Crandon. There was no further discussion, motion carried; unanimously. OTHER BUSINESS Mr. Geiss said that Dunn and Sgromo has been working with B&L on getting their approval for Walgreen’s and he thinks the light is an issue that they are still working on and it is up to Walgreen’s to coordinate with their financing and also construction. Mr. Geiss said that the Board had a rough submittal from Syroco and they want to put in some outdoor storage and they are looking at the corner of their property adjacent to Henson down by the river. He asked them for more detail on the map such as where existing paving was and what else is in the area and there are a lot of easements in the area so the Board may very well be seeing that. Mr. Geiss said that he has a listing from the Onondaga County Training that they submitted to the Town which recognizes how many hours each person received for that training session. He believes that Board members are required to have four for the year. Ms. Sabin asked if the credit could be carried over to the next year. Mr. Geiss said that is what Onondaga County stated at the meeting. Mr. Pringle said that it is up to the Town Board to approve whether the hours can be carried over. Mr. Geiss said that the Board has to do the training not for the Town but for another regulation. Mr. Pringle said that it is a State regulation that says the Town Board sets the criteria for the Boards. Mr. Thomas said that he attended the session on wind power and they said that any time the Board would like that they would come in and talk to any of the Boards. The Board had a discussion on wind power. ADJOURNMENT Motion Mr. Geiss called for a Motion to adjourn at 8:50p.m. Mr. Crandon moved to accept the motion, seconded by Ms. Sabin. There was no further discussion. Motion carried, unanimously. ~ Respectfully Submitted, ~ Vera Cavallaro Planning Board Secretary