TOWN OF BRANT PLANNING MINUTES For meeting held TUESDAY, June 26, 2007 1294 Brant-North Collins Road Brant, New York 14027 IN ATTENDANCE: Joseph Gardyjan (Chariman) Michelle Hy Phillip Pericak Brenda Giacchino Jamie Solecki ALSO ATTENDED BY: Gary Brecker (Code Officer) Peter Loretto (Resident) Laurie & Charles Greiner George Castle, Jr Tim Kobel The Town of Brant Planning Board held their monthly meeting at the Town Hall. The regular meeting was scheduled for 7:00 PM but was delayed until 7:30 PM. A public hearing was scheduled for 8:00 PM to review the application of George Castle Jr. The meeting was further delayed because none of the members had received their minutes by mail. The members were then given another copy to review and approve. Joseph Gardyjan then motioned to accept the minutes of Planning meeting held May 22, 2007. Brenda Giacchino seconded the motion. OLD BUSINESS. CASTLE APPLICATION: (Pertaining to property located at the corner of Versailles Plank Rd and Route 249.) RE-ZONING APPLICATION AND TRUCKING TERMINAL APPLICATION. Application by George Castle Jr. to re-zone property and park commercial semi truck trailers at this location. Following the previous Planning Board meeting in May, a Public Hearing was set to review this application. The Board reviewed the Master Plan as it related to Agricultural use of land in the Town of Brant. It was the Master Plan?s recommendation that all commercial operations were to be limited to areas heavily traveled such as Route 5. Gary Brecker explained why spot zoning was illegal, as it directly contradicts the Master Plan. It was his recommendation not to allow a re-zoning of the property. He then suggested the applicant take his request to the Town Board as a rezoning request because they would be the only board in the Town that could grant a rezoning request. He went on to explain that the usual manner of starting a business on a piece of property is to buy property in a zone that allows you to operate the type of business you wish to run. Failing to do so creates your own hardship. He explained further that when zoning property commercially, a lot of planning goes into it. There is usually a buffer zone established between the commercially zoned areas and residential areas. These buffer zones absorb the excess noise and dust created by commercial areas. There would be no buffer zone for the neighboring properties that would be affected by the business conducted at the property. At this time, Gary stated that based on these concerns, the Town of Brant Zoning Department recommends the Town Board not permit a re-zoning of the property in question. Joseph Gardyjan agreed. Mr. Brecker then went on to say that Mr. Castle has another option. That would be the right to present a request to the Zoning Board of Appeals for a Land Use Variance. This would require a Public Hearing, and proof that failing to issue the variance creates a hardship for the applicant. Gary explained that a valid hardship can not be one that was created by the applicant. At this time, Pete Loretto (neighbor of applicant) spoke about Mr. Castle?s application for opening a truck terminal for parking his semi-tractor trailers. He complained about the noise, fumes, etc. Another concern raised by Tim Kobel was the diesel fuel near water wells. At this time, Joseph Gardyjan motioned to deny the application. Jamey Solecki seconded the motion. All approved, motion passed. DOG KENNEL APPLICATION. The Board discussed what laws governed dog kennels in the town of Brant. Code Officer Gary Brecker read from the Code Book that three or more dogs would constitute a kennel. The neighbors present spoke about the nuisance the dogs would be with their barking. Mr. Gardyjan mentioned that a requirement may be imposed to make the establishment sound proof. Gary also read from the code book that animal shelters for domestic household pets are allowed. Joe Gardyjan questioned if the dogs were going to be a retail establishment of buying and selling on a regular basis. He mentioned that if so, it would be a commercial business. Loretto and Greiner interjected that the dogs are noisy day and night. Joe Gardyjan suggested a Special Use Permit with conditions established. Some of the conditions would be items like sound proofing, climate control, etc. Members asked how many acres the property had. The applicant answered ?five?. George stated that he is licensed by NYS. He also said that he undergoes annual inspection by the Ag & Markets. He stated that he currently has 8 to 10 dogs. At this time, Gary instructed the applicant to come in with a detailed site plan. He explained that this would include a completed formal application which includes explicit information on what type of kennel it would be, boarding, grooming, breeding? He must also explain how he will dispose of waste. Brenda Giacchino requested to make a visit to the establishment. Mr. Castle agreed to this and gave his cell phone number. The Board will not move forward until a formal application is received from the applicant. Joe Gardyjan motioned to close the meeting at 8:22 PM. Meeting adjourned. NEW BUSINESS. None Respectfully submitted, Barbara Daniel Planning Board Secretary