February 23, 2005                                  Planning Board Worksession

Chairman Larry Ruth called the Planning Board worksession to order at 7:37 P.M.  Members present were Gene Bavis, Larry Ruth, Elaine Leasure and Peter Schillaci.  Pat Stark was absent.  Also present were Paul Russell, Phil Williamson, Dick Morris, Norm Druschel and Tom Yale.

Elaine Leasure made a motion, seconded by Gene Bavis to approve the minutes of January 19, 2005 as presented.  Motion carried.

1.       Application of Lincoln Fire Dept. for discussion to locate an identification sign located at the northwest corner of Plank and Lincoln Road.  Property is zoned Hamlet.

John Heckle from the Fire Department stated that they had submitted an application that would allow the fire department to locate a 4’ x 8’ identification sign near the existing mailbox on Lincoln Road. 

In reviewing the application with Phil Williamson and Norm Druschel, the fire department was advised they could locate the sign beginning at 50’ from the center of Lincoln Road and 62.5’ from the center of Plank Road.  The sign will be parallel with Plank Road.

Phil Williamson stated that the sign does comply with Town Code.

There was discussion whether or not the application would have to be referred to the Wayne County Planning Board, as both Plank and Lincoln Road are county highways.  Dick Morris stated that due to the fact there is no site plan being requested, the application would not have to go to the County Planning Board, nor would a public hearing be required.

Gene Bavis made a motion, seconded by Peter Schillaci to allow the fire department to erect a 4’ x 8’ identification sign, per the drawing provided with the application by the fire department to the Board.  Motion carried.

2.       Application of Gregory Matzan for modification of site plan located at 4855 Arbor Road.  Property is zoned RR-2.

Greg Matzan was present and stated that he was requesting a modification of site plan to straighten the proposed driveway and increase the size of the garage.  Greg stated that the approved side setback indicates 35’ and he is requesting modification to allow side setback to be 21’. 

Dick Morris, Attorney for the Town, stated that the applicant is now in compliance with the front setback.  The situation is one where the developer came in for subdivision and site plan approval prior to there being buyers for the 4 parcels.  The Board approved the developer’s original request requiring a 35’ side setback. 

The modification is necessary as the garage cannot be located on the south side of the residence as the parcel is extremely wet and the driveway would have to be located over a filled area, which could cause potential problems.

Gene Bavis questioned whether or not a turn around was required for the driveway, as there is room for a turn around.  Paul Russell stated a turn around is part of the Town Standard and is required.

Paul Russell stated that the plan is for modification of the original plan.  The location of the sewage disposal system has been changed from the approved plan and must be shown on the modified plan.  The plan does not show the front setback, and it is essential that the front setback be shown. There is a drainage swale shown on the plan that is located on the adjacent property owner’s property.   All improvements must be made on Greg’s property.  Paul stated that with the above corrections there should be no other problems.

A modified plan must be submitted prior to any approval.

3.       Discussion of subdivision for M/M Joseph Englert location at 2263 Wal-Marion Road.  Property is zoned B-1 (front) & Hamlet (rear).

Gene Bavis stated that he is an adjacent property owner so he would recuse himself from this application.

Dave Matthews, Matthews Consulting, was present and stated that Mr. and Mrs. Englert wish to create 3 parcels each having their own access to either Wal-Marion Road or Wal-Ontario Road.  All accesses exist today.

Dave stated that the parcels on Wal-Ontario Road would be squared off with Mr. and Mrs. Englert giving the adjacent property owners the 20’ strip behind their property in trade for an utility easement to be run to the storage building, currently under construction.  There is no site plan involved at this point in time.  Dave stated he is not aware of any future development.

Larry Ruth questioned if there is currently an access to the east of the neighboring parcel.  Dave stated that there is an access, however, sight distance has not been determined. 

Gene Bavis stated that there is a sewer easement that runs through the property and should be considered.

Dave stated that all parcels will comply with Zoning requirements. 

Paul Russell stated that the adjacent property owners and sight distances at the existing and proposed accesses to the public highways must be shown on the plan.  The existing access to lot #2 appears to be the only access to the parcel.   The buildings adjacent to lot #2’s access are about 20’ apart. The Post Office ends at the sidewalk creating a problem with pedestrians walking down the sidewalk.  The access to lot #2 is inadequate and an alternative access should be considered.  Paul questioned if there are any plans for lot #1.  Dave stated that he is not aware of any plans for lot #1.  Paul stated that lot #2 is considered a bastard lot as it is physically below the buildings that front on Wal-Marion Road, perhaps 20’.  Any development to the west of lot #2 would preclude access to lot #2. 

Paul further stated there is a concern with a sanitary sewer easement across private property of others.  If the plan proceeds, there will need to be written agreements with the property owners that the easement does exist.  Dave stated that if there is a sanitary sewer easement, it would be located and shown on the plan.  If there is not an easement, an easement can be created and dedicated back to the town.  Paul stated that his point is that if there’s to be a new easement, the property owners have to agree to the easement and substantiate such easement in writing.

Larry Ruth questioned if there is a purpose for the 8’ piece of land on lot #3.  Dave stated that he was not sure what the reason for it is, other then the owners wanted to keep the strip of land for access. 

Phil Williamson stated that when Mr. Englert had come before the Board for a Special Use Permit, he made a commitment to the Board that he was going to make arrangements for a parking area down, behind the building for any employees of the plaza.  Therefore, this parking area should be shown on the plan.   Paul stated that when the applicant was in before there was a question about the parking problem.  Therefore, a provision needs to be made as the applicant advised he would.  Dave stated that he was not aware of the situation, but he is now.

4.       Application of Darryl Cera & Martha Hansen for one-lot subdivision located at 4221 Boynton Road.  Property is zoned RR-2.

Mr. Cera was present and explained that he would like to subdivide a 10-acre parcel off of the south side of the current 23-acre parcel.  Mr. Cera will retain the two parcels until such time as he has a buyer. 

Larry Ruth questioned if any perk tests or site distances have been determined.  Mr. Cera stated there had not, however, he explained that his residence is at the same height and had no problems with perk tests.  Mr. Cera further explained that approximately 5 years ago he subdivided a 20-acre parcel off of the original 44-acre parcel.  The 20-acre parcel now is a residential site and had no problem with the perk tests.

Gene Bavis stated that site distance for the driveway for the proposed parcel must be determined.

Paul Russell stated that from a concept standpoint the one-lot subdivision seems appropriate, however, the plan submitted would not be suitable for approval.

Mr. Cera will contact Paul Russell for the requirements for site distances.

5.       Discussion of 441 Business Park presented by MRB Group on behalf of owner R. Harold Greenlee.  Property is zoned B-2.

There was no one present to discuss this application.

6.       Any other

Craig Kota – 120 Mildahn Road

Mr. Kota was present and explained that he owns the parcel of land adjacent to his residence and is seeking information on subdividing the parcel.  Craig stated that he would create a 3-lot subdivision and sell the “triangle-shaped” piece of land to David Ragaisis, as his property is adjacent to the subdivision.

Gene Bavis questioned if Craig lives on the property.  Craig indicated where his current residence is located in relation to the parcel to be subdivided.  Discussion continued regarding the current access to Craig’s parcel.  The lot to be subdivided has a separate Tax ID #.

Larry Ruth questioned if there is a natural division between lot 1 and 2 or if there is reason for the angle at which that lot will be subdivided.  Craig responded there was not a natural division, however, it was angled because of the topography and will allow lot 2 to have a slightly larger rear parcel and provide an improved location for a septic system.

There were some soil tests done by the prior owners, however, there have not been any done recently.  The road is lower then the parcel, creating an uphill slope.  The center lot is the high ground.

Craig questioned how long the subdivision/site plan process takes as well as an approximate cost provided everything goes along fairly smooth.  The Board advised Craig that an engineer would need to be consulted regarding the fees.  Paul Russell stated that if there were a good quality plan submitted, it was probable it would take a couple of months.

Dick Morris, Attorney for the Town, questioned what utilities are available at the location.  Craig stated that there are no sewers, but there is natural gas, electric and water.  Dick stated that easements would have to be obtained for utilities and he would contact Craig’s attorney regarding the easements as well as any Attorney General approval and the possibility of a Homeowners Association being required.

Paul Russell stated that it is important that the Board know private roads are not recommended, as there is a past history. The history seen is that the people on the private road often times come back to the town and would like the town to take the road into dedication.  Paul stated he personally discourages private drives, but they have been approved in the past.  The private roads must be built to Town Standards whether or not it is called a road.  Craig stated that with the access available there is not room for individual driveways.  The Board stated they understood the access problem.

Craig further questioned if an existing drainage easement on the back of the parcel could be cleaned out.  Larry stated it could not be altered or closed, but it could be cleaned. 

Gene Bavis stated there are 3 lots proposed with 60’ of frontage. Would it be better to eliminate one lot, creating a 2-lot subdivision, thus eliminating the need for a private drive and Attorney General approval.  Craig stated you would loose the sale of one lot, but could possibly eliminate the extra expenses. There would be two 5+ acre parcels so the Board would have the authority to determine the depth-to-width ratios.

Craig questioned if the private drive would have to be paved.  Larry responded that it did not have to be paved. There will be a turn around at each house, but the Board stated there has to be a turn around of some sort at the end that will allow fire apparatus to turn around.

Craig asked if perk tests are a part of the preliminary site work to be completed.  The Board stated it is part of the preliminary site work.

Peter Schillaci made a motion, seconded by Gene Bavis to adjourn.

Motion carried.

Meeting adjourned at 8:30 P.M.

                                                                        Karen Ambroz, Clerk