THESE MINUTES ARE SUBJECT TO PLANNING BOARD APPROVAL TOWN OF BRANT PLANNING BOARD MINUTES TUESDAY, MAY 24, 2005 1294 Brant-North Collins Road Brant, New York 14027 Planning Board Meeting Joseph Gardyjan, Chairman IN ATTENDANCE: Joseph Gardyjan Michelle Hy Dennis Rubeck Neal Wilson Phillip Pericak Brenda Giacchino ALSO IN ATTENDANCE: Harold Hauser John Giacchino Thad Leugemors (for Sandra Harwood) Brian Rott Edward Schneider Thomas Bowman (Pro-Shop) Eugene Cyzy (Councilman) Joseph Gardyjan called the meeting to order at 8:03 PM and motioned to approve the minutes of the last Planning Board meeting held on April 26, 2005. Neal Wilson seconded the motion. Minutes approved. NEW BUSINESS. Five permit applications were brought before the Planning Board for review. Discussion regarding each followed: First, a permit application submitted by Harold Hauser. 1283 Brant-North Collins Road, Zoned Agricultural. Discussion established the location to be across the street from the Town Hall. The permit requested a garage addition to the house. The reason this permit was brought before the Planning Board was minimum yardage was required between property lines. Mr. Gardyjan noted that, based on the drawing submitted, the new garage would be further away from the property line than the old one that was recently demolished. After review and consideration, Mr. Gardyjan made a motion to approve the permit. Dennis Rubeck seconded the motion. All members were in favor of approval. Motion passed. Second, a permit application submitted by John Giacchino. 10745 Brant-Farnham Road, Zoned Commercial. Mr. Giacchino was requesting to build a private garage. Per Fred Ball, Jr. all requirements were met by applicant. However the permit was submitted to the Planning Board because the Town Of Brant Code requires that all permits submitted regarding Commercial zoned property be brought before the Planning Board review and approval. Upon review Joseph Gardyjan made mention that he disagreed with labeling the property as zoned commercial. Brenda Giacchino mentioned that the Code Enforcement Officer told her that he couldn?t approve the permit without the Planning Boards review because it was zoned commercial. Mr. Gardyjan and Michelle Hy disagreed with the zoning and Mr. Gardyjan made a motion to approve the permit and Mr. Pericak seconded it. All members were in favor of approval. Motion passed. Third, a permit application submitted by Sandra Hardwood. 57 Lotus Bay Road, Zoned R-2. Ms. Hardwood was represented by Thad Leugemors who was present at the meeting. The Hardwood project was to erect a new garage where an existing garage now sits, with the same clearance distance from the neighboring property. Mr. Leugemors explain that Ms. Harwood wished to replace the existing garage because its wood was rotting. Mr. Gardyjan noted that because it was basically replacing an existing garage with the same clearance, there would be no problem with the project. He made a motion to approve the permit and Mr. Wilson seconded the motion. All members were in favor and the motion passed. Fourth, a permit application submitted by Brian Rott or 1216 Brant-Farnham Road, Zoned Commercial. Mr. Rott was requesting to erect a new garage. The applicant submitted photos of the proposed project and described the distance the garage would start from the middle of the road (110? off white line of road and extends 64? back). Mr. Rott mentioned that his neighbor moved his front survey stake and therefore he is in the process of getting his property re-surveyed so that an accurate property distance can be established. He mentioned that he is in conflict with this neighbor. He also stated that he is willing to put in a polite fence which will be landscaped to protect his and this neighbor?s view and privacy, and he has already put in drainage to protect his neighbor from the water shed from the snow and/or rain. He mentioned that the existing garage located in the back of his property would be removed upon erection of the new structure. The Mr. Gardyjan and Michelle both noticed and disagreed with the commercial zoning as determined by the Code Enforcement officer. All members agreed with them. A review of the zoning map left all members disagreeing with the commercial zoning. Mr. Rott said he would actually like his property to be zoned commercial. Discussion ensued regarding the map they were looking at. They mentioned that perhaps Mr. Ball has a different map. Upon discussion, the Planning Board unanimously disagreed with the Commercial zone ruling. Further discussion regarded property line distances. Mr. Rott mentioned that the distance from his house to Ann Chiavetta?s property was five (5) feet. When asked why he couldn?t put the new garage in the back in the same place as the old garage, he mentioned that it would ruin his view. He said he was trying to improve the looks of his property and that it was already a huge improvement since he moved in when it was burnt. The overall concern among the board members was the neighbor problem. It appeared to them that based on Mr. Rott?s testimony, this neighbor would push to fight any effort Mr. Rott had and that they had to also address the neighbor?s concerns. Mr. Rott said that three of his four surrounding neighbors have no problem with the new structure and he asked what happens if one neighbor absolutely refuses to allow. Mr. Pericak explained to Mr. Rott that he needed to apply for a variance, notify all neighbors, and appear before the Zoning Board. If the opposing neighbors attend to complain, they have to give their reasons as to why they feel the garage shouldn?t be built. The Zoning Board then makes a ruling to approve or deny the variance based on their findings. Michelle Hy then made a motion to wait until a new survey could be obtained establishing the exact distance between the proposed new structure and the neighboring property line. The Planning Board advised that a variance would be required and it was strongly suggested to Mr. Rott that in the meantime, a new survey of the property should be conducted. The exact distance between them is now uncertain and would make a ruling impossible. In conclusion, Michelle made a motion to reject the application because of the size of the proposed structure, the lack of a current survey and the fact that the zoning needs to be clarified. She suggested that Mr. Rott contact Fred Ball regarding the correct zoning of the property. Joseph Gardyjan seconded the motion. All approved the motion. Motion passed. Fifth, Edward Schneider, 10896 Erie, Zoned Commercial. Proposing to repair an existing structure with plumbing. Mr. Schneider stated that he was issued a demolition permit. He stated that he is simply making some repairs to the existing structure but that since he is zoned commercial, the permit must be approved by the Planning Board. He stated that there will be no structural changes. Discussion included a staircase and that since they were zoned commercial; the staircase had to be constructed wider. Joseph Gardyjan motioned to approve the permit and Michelle seconded the motion. All approved and the motion passed. OLD BUSINESS. Windmills. Joseph Gardyjan requested any further input regarding the windmill issue. He stated that with the regulations imposed by the state makes for less problems. The only concern was the distance of the structures from neighbors. He was also concerned about ice coming lose from the blades and according to studies, traveling through the air up to 1/3 mile. He discussed the importance of notifying neighboring towns, etc. Adult store. Discussion if there was any movement regarding the new law regarding the adult entertainment. None were mentioned. Discussion took place regarding the zoning discrepancy as noted by Fred Ball, Jr. Planning Board requests a copy of the map that Fred Ball has. No further actions were taken. Mr. Gardyjan motioned to adjourn the meeting at 8:55 PM and Michelle Hy seconded the motion. Meeting adjourned. Respectfully submitted, Barbara Daniel Planning Board Secretary Adendum: Per Code Enforcement Officer 5/31/05. The Zoning Map used during the Planning Board Meeting was outdated. All zoning listed on the permits remain as originally determined by the Code Enforcement Officer Frederick Ball, Jr.