TOWN OF BRANT PLANNING BOARD MINUTES TUESDAY, AUGUST 22, 2006 1294 Brant-North Collins Road Brant, New York 14027 Planning Board Meeting Joseph Gardyjan, Chairman IN ATTENDANCE: Joseph Gardyjan Neal Wilson Michelle Hy Phillip Pericak Joyce Ellis Tom Gerace Brenda Giacchino Aso Present: Gary Brecker (Code Officer) Antoinette Schlenker John Schlenker Mike Daniel (Used cars) At 7:05 PM, the Meeting was called to order by Planning Board Chairman Joseph Gardyjan. Since the previous meeting was a Work Session, there were no minutes to approve. NEW BUSINESS. The Board reviewed an application for a variance submitted by John and Antoinette Schlenker of 10086 Brant Angola Road. Their application to build an additional house on their property was denied by Code Enforcement Officer Gary Brecker. Their permit request was denied because of inadequate road frontage width to accommodate two homes, legally . The board reviewed the plans and Gary explained that he was concerned that house no. 2 would be too close to the existing house no. 1. This would cause problems in the future if someone else bought the property and wanted to split it. Gary further explained why it wouldn?t be a legal split. He explained that this property is zoned RR which requires that a lot be at least 175 feet wide at the road. Therefore, two lots together would then require a 350 foot frontage. This lot only has 324 feet frontage, which is 16 feet short of the required frontage. He went on to explain the total square footage of the lot was more than adequate for two lots, but the width was what was inadequate. The Code Officer recommended that a condition be set for the issuance of the variance. The condition would require that house no. 2 be set back 75 to 100 feet from the original house to allow the town to accommodate a property split in the future if a new owner chose to split the homes. The goal is to allow adequate distance (50?) between lots in the event of a future split. Gary also offered 2 options regarding the split. He said they could split the lot exactly in half so that both lots would be 8 feet short, thereby creating two illegal lots, both requiring variances. The next option would be to give one lot the total 175 feet, what is required to be legal, and then issue the variance to the new house for being short the 16 feet. This would allow lot no. 1 to be of legal width, and leave home no. 2 with a variance requirement. Then this variance would stay with that lot forever. All splitting is hypothetical, and the result of this variance is not to actually split the property at this point in time. Brenda Giacchino then motioned to approve the variance as stated in the above paragraph leaving lot no. 1 legal and allowing the variance to the proposed new structure on lot no. 2, as suggested by Gary Brecker. Neal Wilson seconded the motion. All approved, motion passed. OLD BUSINESS. JUNKYARD LAW: Joseph Gardyjan asked the board if anyone had the chance to review the new proposed Junkyard law that was mailed to them. The various members made several comments and suggestions. ? Gary wants to make sure the new law included marine and aircraft items. ? Gary asked if the fine could be raised from the listed amount of $250 (Joseph Gardyjan mentioned that he read that NYS allows up to $350.) The board wishes to raise the fine to $350. ? Joseph Gardyjan mentioned that he had spoken with Bill Trask about allowing property owners to keep some unregistered vehicles for the purpose of property maintenance. ? Joseph Gardyjan suggested that the new law require that applicants follow the dismantling law as established by NYS municipal law. ? Applicant must provide a completed environmental impact study at the cost of the applicant. Also, any future cost incurred by the Town (ie., cost of engineer, etc.) must be reimbursed by the applicant. Gary addressed Mike Daniel of Michael Daniel Auto Sales regarding Section 3C of the proposed new law. He read ?establishments? otherwise properly zoned, permitted and licensed for the sale or storage of used motor vehicles which are operable and capable of being currently registered and pass inspection.? He told Mike that in his opinion, this addressed Mike?s concerns regarding the exemption of dealerships. Mike replied that dealerships aren?t required by NYS to have vehicles ?Inspection ready? prior to the time of sale negotiations and that to require this of licensed dealers is not right. Mike added that some vehicles go back to the auction if they don?t sell. Therefore, requiring a dealership to make unnecessary repairs before the sale would impose unreasonable expenses to the dealership. Gary assured Mr. Daniel that Sec. 3C was in his favor, but that he would speak with the town attorney regarding his concerns. At this time, Michele Hy motioned to accept the junkyard law, provided that the above listed recommendations of the board are considered. Neal Wilson seconded the motion. All approved, motion passed. NOISE ORDINANCE: The board went on to discuss the new noise ordinance being created. Joseph Gardyjan mentioned that he spoke with Chief Hock about what he thought about the addition of loud car stereos into the new noise ordinance being worked on by the Town Attorney. Chief Hock told him that he himself had used a decibel meter to determine which cars to pull over. Mr. Hock said he would borrow a decibel meter from Gowanda to check the sound levels of the noise being generated from the vehicles. Mr. Hock will also bring a copy of Gowanda?s noise control ordinance. Mr. Gardyjan then read from Section 47-3.B of Dunkirk?s (Local Law 11) noise ordinance regarding loud car stereos, etc. The board will suggest to the Town Attorney to consult with any recommendations made by Chief Hock, and to add Sec. 47-3, letter B to the new law. These recommendations will be submitted to the Board also. Joseph Gardyjan motioned to submit the recommendations as stated above. Neal Wilson seconded the motion. All approved, motion passed. Joseph Gardyjan motioned to adjourn the meeting at 8:01 PM. Neal Wilson seconded the motion. Meeting adjourned. Respectfully submitted by, Barbara Daniel Planning/Zoning Secretary