Planning Commission - Regular Meeting

All the meeting to order with respect to the flag of America and to the republic for which it stands indivisible with liberty and justice for all. Uh first on our agenda is 2026 B appointments and I would nominate Tim will as chairman.

I'll second that's want to just go through and do all that. Yeah, we can do them all that way. Yeah. So, the vice chairman, I'll nominate Chris Lynch. Second, Sarah Kinsky. Okay. Ask the secretary. Yeah. Go ahead. Sarah. Sarah. Uh, next on our agenda is approval of annual our annual written report 2025.

I'll make the motion. All in favor? I motion carried. Next, our agenda is approval of last month's actually in December's approval of that, excuse me, of our Janu or our December meeting, excuse me. I make a motion to approve the minutes for the meeting of December 8th, 2025. Second. Discussion. I can't vote because I was not here. So, all in favor? I I and I'll abstain.

First on next on our agenda is a lot line reply for uh [clears throat] Hamilton's Repot station. Basically, it's around about 40 acres. One of them is about 7ish now and one's about 33ish now. They just basically want to move the lot line. They're not creating any new lot. They have two tax lots now. They have two tax slots when they're done, but they just want to move the line to somewhere that makes a little more sense with where the house is and they out building. So, basically, if a lot line new lot did Kevin Hamlin submitted something to the health department, we call a lot line revision form and they're okay with it. Uh, they signed their portion. So, I'm not sure if that's on your agenda for you guys to sign the lot line reply in addition [clears throat] to the subdivision or if the supervisor would do that. You're done. Okay. So, there is a lot line revision form as well. We have the subdivision plan. Then we have this health department form just an acknowledgement form that health department knows what we're doing and you folks know. So, there block. But basically, that's it. They want to change the line from going north south to really more like a east west. And then after the subdivision, the house lot will be about 29 acres and the barn lot will be about, you know, 11 acres. No new lot, just moving a lot.

We had some discussion on I guess probably you've already addressed it, but the uh septic kind of ugly with Yeah.

Future future. So, we were just talking before the meeting. Basically, what's out there now? Again, two tax parcels and there's a small flow treatment facility. And so, each there's pieces and parts on each lot there, but they they own both now. They're still going to both. So, we put a note on the plan um basically explaining or we we put all system components on there that you you know of where they are in the parcel and that and then they understand if and when they sell one or the other they have to create an easement as well and that's what we were talking about that their attorney will do that. Um, [clears throat] so looking down the road, you know, way way down there, 10, 15, 20, whatever,

two weeks, yeah, whenever. Yeah. And, uh, a buyer comes along, wants to buy that property. Um would it not be advantageous in the best interest of everybody include your buyer to have something on the deed that would uh because you know when again I'm not an attorney but I I would imagine when attorneys are you know people are search for titles they're looking at deeds documentation

and you know looking out for a prospective owner is is that is that a better situation? I just don't I don't I know I throw that question out because I think if it's on the deed it's more of a legal push than if it's on here, you know. I mean, I'm I'm glad to have it on here, too, don't get me wrong, but um you know, these things can get really muddy, you know, down the road if Yeah. Yeah. I know. I mean, no disrespect, man. That's

Yeah, it's Yeah, it's a it's unusual sort of arrangement. Um, one of the reasons we wanted to do this is because by making this change, the small flow treatment system um is all now with the 30 acres and the house. before some of it was on the land with the included the barn and at that time 25 acres and only a tiny bit of the treatment system was where the house is. So, the reason we want to make or one of the reasons we want to make this change is to have the treatment system that's treating the house on the property with the house,

which is not which it was not. So, that is a a major step forward. Yes. Okay. All right. I Yeah. And I see that. I agree with you. I agree with you. I'm just, you know, what ifing? We're trying to, you know, it's ugly. Yeah. Do what's be best for the town, you know, going down the road for whomever may occupy the property. I'm just I'm just wondering, are we making sure that we're doing everything we can do? Uh, you know, just my question. I don't know. Does it need to be on the deep? I guess that's the question.

I would suggest this. Um, and it's I'll say you talk to two attorneys, you're going to get a it's 50. Yeah, some people believe show it on the plan and I can understand that it's illustrative and I can understand it being in the deed and I can understand it being so it's really I would say it's never wrong to put it in the plan. It's never wrong to put it in the deed. Neither is wronging people about it, you know. Um and it's amazing you put things on a plan and people deny they ever saw it unlike it's right on the plan. People could not see that. Can we have docu documentation both ways on your plan and in also in on the deed?

Well, we have to go make a new deed by doing this. And so you'd like us to request that they that the deed states that the small flow treatment system is on the property that contains the house on multiple verses. Can basically note six that you added almost be incorporated right into the deed. Yeah. Note six on the deed

because I know all well intentioning and everything and you guys won't forget but like say if it ever goes into a trust 50 years from now on and then they decide to sell it that's when we run into issues. It's never current property owners with the property owners down the hall and and again I'm not an attorney and an attorney you when talking to your your attorney because you have to redo the deed anyway. attorney may come back and say, "Well, the proper legal way to do this is XYZ." And they may he may go down or she may go down yet. Okay. So, I mean, we and and we probably will and that sounds sounds like even Ken Kevin will ask their attorney and

Yeah. And if we could put that in the minutes. Okay. I'm just wondering if whenever we make the motion, you mentioned the the lot reply worksheet. Maybe we word the motion in a way that we're kind of recommending approval of that, too. That way, if it does come to this body that someone has to sign it from either Tammy or Tim, they don't have to come back in two months for that one plan. And that's what the supervisor send. Yeah.

Just something to keep in mind when you make the motion. Yeah, I should have given you guys that form with my application uh you know a few weeks ago. It just it's just an 8 half out of 11 form. It says log line revision at the top. Very simple [laughter] because the SEO signs his portion, you guys sign your portion, they just need to meet up. You have you give yours him or he gives you and then I know what you're talking about now. All right. Yeah, I think I signed it. Okay. As soon as we received it. Okay. And if you did, then I guess as long as we get documentation on on the deed and on the myar.

Yeah. Right. I think so. So that's what that's what we're talking about. Yeah. Okay. Then I need to call for a motion. Yeah. Um so I think um let me let me go around here for a minute. The um the motion we're looking for is to approve the plan with the under the following conditions. That during the consultation for the deed rewarding that an attorney be consulted as to proper wording based on the wording that's in note six of the plan. That is note six. Yes.

Okay. That's one leg of the motion. And um the other is deals with memory here having to see here. The signing of the Oh yeah. Yeah. The reot ref and I I think Tammy mentioned that she she saw it. She signed it. But contingent upon that. That's all those are the two legs of the motion. Okay. Are there any is it Did I get it right? I think you got it right. Yep. Okay. All right. That's the motion. Probably the longest motion in the history of the uh No, it's been longer. Well, I think it's been longer even when I've been here.

I remember a lot longer. Yeah. I second. I second the motion. Discussion. All in favor?

I I motion carried. Thank you. Thank you guys. Next on our agenda is Hammet Village phase 2 subdivision plan. Um yes, Mike Sampler again. So phase one of the project was built long time ago back in 06 and uh last year my company did a revised the preliminary plan for Don Mike Molino. He would like to buy the the remaining property from Park Victoria Curtis and he would like to continue this development. The original developer was gone. He actually passed away and so this property is just vacant and been sitting there since ' 06. Long time various developers have looked at it. I've looked at it with them and for them and um at this point Dominic Molino is entered into a sales agreement to buy it and he'd like to phases two and three. So we did a preliminary plan few months ago and you folks saw that and then we're here tonight really for final plan of phase two. It's 19 lots. Um Dominic and I talked about the lot sizes. From the preliminary plan to the plan you're seeing tonight, he actually moved the lots a little bigger. The preliminary plan they were like 90 footish. Now they're like 100 footish. So we lost a couple lots along the way to do that, but he feels that's what people want is something just a little bigger. And so um basically we have the final plan. We did provide Matt Jonas the engineering plans, conservation districts doing overview as well. We have engineering under review, be giving some comments. Uh we have conservation district, but really what we're here tonight is final plan phase 2 19 lots. U looking for your recommendation.

I guess you've got a long laundry list from Matt on storm water management. Yes, we'll work our way. Yes, exactly. So, we need to block off or I think our thoughts are lot 50 and 52 need to be xed off there for future. Uh, what does that mean? For turn a culde-sac or we don't want that road ending there. If if you're going to use that culde-sac as a turnaround, let's deem that as far as the road goes and then because it just gets uglier. So I could

so the discussion is typically the origins to come to a stop you have to have a temporary turnaround be built to the same standards as the street and because you have this culdeac you cut it off here they can have access to the culdeac for the turnaround and that way on the mini lot 52 crossing lot 52 depending on where the I I would say Dominic will want to do a temporary turnaround. Him and I discussed where this phase line would be and it's phasing really also for utilities that you're not seeing on this drawing. There's a sanitary sewer that goes through those

and so I would say that we would not here but I think we would have a temporary turnaround at the end of the road. So that would be cut out at lot 52 and 51 or how No, we wouldn't remove any lots. It would just go it would just put a temporary turnar around right at the end there because this he has this property to work with over here, right? Yes. Yes. Correct. Now, as part of I don't know does does he plan on bonding the roads or is he going to build the roads before he gets approval? He would he'll bond something. He typically will do some of the construction uh to to reduce his bond, but ultimately he'll bond some. Okay. Because that turnaround would have to be included with the bond.

No problem. Yeah. So, I think I'll go ahead and make a note. We will add a temporary turnaround at the end of the easterly terminus of that road. I understand that. That makes sense. We just don't want to get caught like we've cut caught before. Yep. Then the south end. Is there a question about naming naming South intro? Yes. Um, whatever you guys want. Dominic's preference is to not have it be South Shelby Shelby. That's his preference, but he's not. We've talked a lot about road names and he he's not

my personal opinion. I don't think there's anyone out there with an address of South South Shelby. So I don't think I think the road name could be changed and I understand the thing extension of roads and thing I I got that but I'm not really sure what roads being extended. Oh in other words there can't be another name like that in the county. Is that what we're saying? No I think Matt's comment was the way the ordinance says if you're extend if it the new road is an extension of an existing it should bear the name of the existing. So we have North Shelby here extending down here. So, it'd either be North Shelby or or South Shelby and then at some point here it's going to have to change again.

Correct. I understand it's weird. Yes. Yeah. Um and and again, I'm not going to argue too hard on this. If if we can't have South Shelby, I don't think Dominic will cry, but um yeah, South Shelby is different than North Shelby. So we already have a just just right saying and it could be north shelby the whole way around but usually when you have a north but the south right I thought about doing north shelby the whole way around but then it gets weird addressing because you got some east west down here and east west up here that I don't I don't know how you so we never whenever we did the plan it was road yes correct

so we didn't really get that discussion and whether it's south Shelby until you make the bend and then it changes names to something else and then the north Shelby here or if it's this is the delineating between north and south Shelby and everything around South Shelby. That's kind of I'll leave that up to you guys. How about this? I I promise the commission I will talk to Dominic and we'll we'll arm wrestle with Matt and the supervisors and we'll get it right. Okay. Not be South Sanford or anything like that. [laughter] Right. one of those. Sanford, not South. Okay. Orange somewhere. Sford Place.

Sanford Place. I promise you we'll we'll work out the road names. Whether it's one road name, two road names, three, north south portion. It gets a little weird. I promise you we'll work. I think at the intersection you'd want to break it though. I don't think you'd want to do that on the bend. Is that what you're talking about? Halfway across lot one. There's precedence for it. go Tunda Drive and Pommens Drive where it just magically changes names somewhere convolutes for fire department and everybody most of us it's a nightmare I honestly I think Chelsea would probably be the good delineating point if we but then you have South Shelby Road north of

Exactly that's my thought yeah point will be South Shelby Road or South Shelby They want to mess it up too. Yeah, we'll work it out, I guess. Yeah. And it's funny of all the things I do in road names. When I call a developer, can I get road names? All they do is and it's like they takes them two weeks and they hate picking names. So, he actually picked you for this one and now I go and say no. And say maybe not. So, any preferences? Should we pass the preferences along

as to what the drive what the street should be named? In hindsight, it should have been east west, but it's still not too late, right? There's a dozen houses that have North Shelby Drive is their address. Oh. Oh, yeah. Yeah. That part. Yeah, that part. So yeah. So yeah, I mean that that kind of boxes you in. No, in a way. Yeah, I think we're committed to North toward North Shelby going east and then starting down the curve. I think Dom's agreeing that's North Shelby. It was just this southern road he thought could he could pick a different name on. Yeah, that's what he was hoping to do.

And I just read the order to make the comment. Correct. Sound works. I think works. Okay. Okay.

So, we plan well things plan with changes. Turn around. names and the storm water compliance with all the storm water. Yeah, I I'll make a motion we accept the plan with the uh exclusions of the all the storm water changes, the name correction or recorrection and the um turnaround is included in the situation

temporary. So he's buying the whole parcel. So that's not going to be part of an issue. He's not buying it in phase. Is he buying the whole piece? Part wants to sell the whole piece and he's not just buying phase two. And then there's conceivably there's a development going further on from there. I would imagine he wants to do phase three. It's it's it's a it's a financing thing. He has to outlay so much money. He wants to build a few houses and then right on the face. Okay. Okay. So, that's the that's the motion. I'll second it. Discussion. All in favor?

I send someone tomorrow. Next on our agenda is the uh amended land development plan for JD LLC on Ed.

But I don't see any so

they're proposing to add whole building here and closing you've had the existing bench in parking area. So I don't remember the size of but the full building is built over existing uh paved areas. Uh this gravel parking area up at the top is over um existing pvious but they did tear down the house. So there is some tradeoff

tradeoff there. But this currently gets bypassed around the pond. So where we last left it. They're looking at possibly incorporating the lots, consolidating the one, and then they're reviewing the existing storm water to see retrofitted to accommodate gravel area fencing up here to incorporate into the the existing system or if they have to, they'll build a a standalone system for it. So, we're kind of in limbo waiting to hear back what they plan to do. So my recommendation would be to table this until we hear back. Yeah.

How do we slap their hand? Slap it hand. Well, if they if they stall and don't do anything, we we can cite them for violating the subdivision land development ordinance by doing a subdivision or land development without getting Does that Does that new building have to go through LNI? Does. Well, no. Not on LNI. Currently, we still have BIOU. Yeah. Well, whoever, I guess. So, if there's issues with it, they might have to fix it. And hopefully they didn't build it all the way interior wise. Oh, yeah. Yeah. Yeah. It's not finished inside. I hope. Okay. Just to look that up. I was really hoping it wasn't

two weeks ago. So, I don't know. Cuz we originally started this. It was still holes in the ground and then like magically a week later. I saw you could see that 99. Yeah, that's Yeah. Make a motion we table the plan till the uh proper storm waters until we find out what they're doing. Yeah. Yeah. We can further but they've already done so. Yes. I mean, you know, they wa you know, they put the car through the horse here, you know, big, didn't they? They

unfortunately this site has a a history of doing that. But what about the rest of the storm impervious that that we're covering up with the designated parking for? We'll have to have updated parking. Where is that detention fund? Is that way over here?

The thing is, um, as far as parking goes, probably still good cuz that's all inventory spaces they were eliminating. So, as far as the use and this was done under the older zoning ordinance, which allowed more parking than what's allowed now. So, they should be good on parking, but we'll still have to double check for that. We haven't gotten to that point yet. They might have some more plans coming through the township at some point. So, I need later to call. I mean, my recommendation be later call tomorrow if you know what's going on. Yeah, I will cuz that's I know you will.

I was expecting them to be here tonight and hopefully I was hoping they would give an update on where they're at. They do, but I kind of get poor companies, but I don't think so. I interrupted Chris's motion. So, I think he's waiting for a second. I need a second. I'll second on the uh table this to to table it. So, it's been motioned and seconded. Vote. Yes. I bring I I All in favor? I I

motion carried. So, I think the way we table this, if nothing comes in next month, we're not going to entertain this again till we have a definite idea of what they're doing. And if they can, we can put them under violation. We can have the ability to do that. Next one on our agenda is other business public comment. We need a motion to adjurnn. I make a motion we adjourn. Need a second.

Second. Discussion. All in favor? I I