January 19, 2005                                Planning Board Worksession

Chairman Larry Ruth called the Planning Board meeting to order at 7:36 P.M.  Members present were Gene Bavis, Elaine Leasure, Larry Ruth and Peter Schillaci.  Pat Stark was absent.  Also present were Paul Russell, Town Engineer, Phil Williamson, Dick Morris, Attorney for the Town and Norm Druschel.

Elaine Leasure made a motion, seconded by Peter Schillaci to approve the minutes from the January 10, 2005 Planning Board meeting, as presented.  Motion carried.

1.      Application of Ms. Sharon Gilbert for discussion to located a bed & breakfast as a Home Occupation Major – A located at 3337 Ontario Center Road.  Property is zoned PD.

There was no one present to discuss this application.

2.      Application of Mr. Timothy Dippel, executor for Estate of Florence R. Dippel for discussion of 1-lot subdivision located approximately 1/10 mile South of Plank Road on the West side of Ontario Center Road.  Property is zoned RR-1.

Tim Dippel was present and stated that he had prepared a preliminary plan that would transfer the 53-acre parcel from the estate of his parents to himself and 2 brothers.  The 1-lot subdivision is the original homestead of his parents and it will be subdivided and sold to Mr. Dippel’s nephew.

Gene Bavis stated that there are encroachments on the parcel to the south side of the driveway of Ken & Beverly Dippel.  Tim Dippel stated that the parcel of Ken & Beverly has existed since approximately 1988.  Gene further stated the frame barn with a collapsed roof is extremely close to the property line.  Tim stated that the barn would be transferred to Ken Dippel.  Ken will keep the building and repair the roof.

Larry Ruth questioned the distance between the north corner of the parcel and the property line after the homestead parcel is subdivided.  Phil Williamson stated the distance is 4.8’, as stated on the survey map.

Larry further questioned if the proposed subdivision met the Zoning requirements.  Norm Druschel stated that it did not conform to the current zoning.  The applicant has applied for a variance one for the size of the lot and another for the distance from the property line to the barn.  The required acreage is 1 acre.

Dick Morris stated that there are various factors and elements considered to determine if a variance is warranted and the one of the factors is the size of the variance requested.  The Town Board has already reduced the required acreage in that Zoning area from 2 acres to 1 acre.  Dick suggested the possibility of having the parcel enlarged to comply with the 1-acre requirement.  Dick also stated that it appeared the barn is encroaching on another parcel, which could be a factor in determining the variance.

Tim Dippel stated he has a survey map from 1964. The parcel was subdivided but Tim’s father never had a separate tax account number for the parcel.  Tim is unsure why there was never a separate tax account number issued for the original homestead parcel.  Mr. Dippel was unsure as to whether any of the subdivisions had ever been filed.

Discussion continued regarding possible previous subdivisions.

Dick Morris stated that Mr. Dippel needed to do more investigating to figure out whether or not there have been any subdivision filings.  Mr. Dippel should check with the Assessors office and the Wayne County Clerk’s office to determine whether or not the subdivisions were filed.

Gene Bavis stated it is his understanding that tax account numbers have been rather informal in the past.   An owner of two adjacent parcels was merged into one tax account number even though they were two separate parcels.  Gene suggested obtaining property transfer for the parcel.  If a parcel is under one tax account number, but separated by deed, they are separate parcels. 

Dick Morris stated that an Abstract of Title must be obtained for the property.

Mr. Dippel stated that his attorney, Cynthia Kukuvka, has the Abstract of Title.  Dick Morris asked Mr. Dippel to have his attorney contact him.

Dick Morris stated if Mr. Dippel was asking for approval of the .697-acre parcel and it was conveyed off before Zoning, there is no subdivision needed because there would be a pre-existing subdivision of property.  If the parcels were conveyed without subdivision approval, the procedure would have to start from the beginning.

Phil Williamson, Code Enforcement Officer, stated that being the barn on the property is in the state of collapse; it is considered under Town and State Law as an unsafe building and will have to be addressed from a Zoning perspective.  If the barn is to be repaired, there should be a plan of repair and time period for repair prepared when the applicant comes in for approval.  If there is not a plan for repair and it is considered an unsafe building, it would have to be boarded up or torn down.

3.      Other –

The Planning Board was advised that there is budgeted money for the Association of Town conference to be held in New York City February 20-23.  Please let Frank Guelli know as soon as possible if anyone is interested.

Elaine Leasure made a motion, seconded by Gene Bavis to adjourn.

Motion carried.

Meeting adjourned at 8:18 P.M.

                                                                                    Karen Ambroz, Clerk