Planning Board - Regular Meeting

Nope, it was not completed. Um, part of the large box of paperwork we inherited. So, where's the road frontage on this piece of property? This is Cole Road going all the way around to the highway. And then this is Cole Road extension that ends in the woods. Okay. So, you have enough road. Sorry. It's there's a quite a bit of road. And the the stone wall is on the road basically side of the road. Uh, yeah. the stonewall kind of it goes more in a straight line this way um along the road, but uh this is a second driveway going up here to my parents house and the stone wall goes in a pretty straight line that way. And over here, could you just confirm the location?

Yeah, of course. Right there. That corner. Okay. So, right where Tim put it also. Thank you. And this is the first you're seeking a waiver for the survey requirement. Is that correct? A temporary one. We have found surveyors that will contract with us, but what they cannot commit to is a timeline. Okay. And my brother would need to have a building permit issued before the end of the year in order to build a house that they've picked. Okay.

Do you have any questions, Darthia? I know you were not here. Do you have any questions for him? because I know you weren't here at the last meeting regarding the request. Okay. Um, so just to provide you an overview when we left the last meeting, it was you who was on the phone or was it your brother? No, it was me. It was you.

Um, we took this back and we researched kind of the town laws, the Albony County requirements, everything for a minor subdivision. So, just wanted to provide you with what those findings were. Um this is kind of long so I apologize. So just to level set for everybody, we are considering a request from the applicant to wave the requirement um of the survey for this minor subdivision. But before we can make any decision, we have to just take a look at the relevant laws and regulations um to guide this. And for you, Mr. Parker, we'll be deciding on whether or not we can wave that requirement tonight based on um this research. Um so under the town of Wlerville subdivision regulations uh the planning board that's us is responsible for processing all these subdivision applications within the town and the subdivision application uh requirements and regulations are the minimum requirements that are established by the town. Um, so the minor subdivision application, which you build out, requires that applicant submit four copies of a dated drawing of the proposed subdivision, and the drawing must be signed and sealed by by a professional engineer or a licensed land surveyor um, in the state of New York. There's 31 items of information um that are required on that survey that we run through whenever we're doing a subdivision um such as property boundaries, proposed structures, proposed wells for any new builds. Um so we have adopted the policy requiring like this is for the town as a whole. Um this is not our decision right now. Um the policy that requires that all proposed subdivisions be surveyed. that's a town law. Um, and this policy ensures just like the accuracy of it and

the reliability of the information presented. Um, so once a subdivision is approved, the town law and local regulations require that the final map be filed at Albany County um within 60 days of final approval. So that's the final survey. Um, and if an approved map is not filed within that time frame, the subdivision is deemed abandoned, per se. um and the appro approval of that subdivision becomes void. Um so that's per our town law. So section 802 of our subdivision regulations authorize the planning board at its discretion to wave certain information requirements when the determination um of such information is not is deemed not relevant or necessary. So, and for adequate review of the application, um, a waiver is not automatic as we know. It must be based on the board's determination that it possesses sufficient evidence and information to conduct a proper and complete review of the subdivision under the town code and regulation. Um, so in terms of the board's authority to grant waiverss, um, it does not extend to the requirements imposed by New York State Town Law or by Alb County Clerk's Office. And under town law sections 277, 278, and 279, a subdivision is not legally effective until it has been filed and recorded at the county clerk's office. So, the county clerk may impose its own filing criteria, including requirements that the subdivision must be mapped, surveyed, and signed, and sealed by a licensed professional. If the subdivision map cannot be accepted for filing due to the absence of the required survey, um then the planning board's approval would be legally ineffective, uh regardless of whether or

not a waiver is approved at the planning board level. Um do you have any questions on kind of that research or does anyone on the board have any questions on that research? No. Okay. Um so before we even take a look um you know and go down the pathway of you know a public hearing or reviewing the short environmental assessment forum. I wanted to place a vote with the uh board so on whether or not we feel comfortable waving the survey requirement per the applicant's request.

So before we do that vote, any questions from the board to the applicant or any I have a question. Is there a house on this property now on the 100? There are two houses on one on each parcel. One that my parents live in and one that's lived in by my uncle. But the one your parents live in is is sub is that a subdivision of No, there's two parcels in the map. Um that's all within our ownership within the trust. Um on the parcel my brother wants to build on is the house where my uncle lives. So there's a deed for each house though like for where those houses reside. One for my parents, one for the uncle. Yes. Correct. And they would both be on the same five acres or one would be on

No. Well, that's I mean, if we get the conditional um subdivision, then there will be event in as soon as we can, there will be a separate parcel for my brother's house.

And Andrew, before we vote, do we do you want to say is there anything that we need to consider here? No, I think you hit the nail on the head talking about the standard really is does the board have enough information about this that it feels it doesn't need anything else to adequately review it. So, it's a discretionary determination. But I guess one procedural question, if say the board were to approve the waiver, you're talking about a conditional subdivision. I don't know that board could require anything after this

um I mean so this was this wasn't the original path that I was pursuing. So just trying to read through it and understand how it works. I believe that what we were asking for, and correct me if I'm wrong, is that we can have the conditional the the the lines not written in stone until we file the finished service and that lets you get a building permit. In the meantime,

with the conditional subdivision, minor subdivision, whatever, if we're going to call it conditional, we can get the building permit and the 911 number that's needed. That's it. would construction on the house like it would begin though with that building permit though. Yes. Okay. And you would be drilling a well on on this five acres somewhere, right? We be installing subtitle well. Yes. Before before the house is started or after?

I don't think that we can do any of those inspections without the permit. We can't get the perk test. Um there's several other things that they will not do unless we have a an executed building permit. You can't get a perk. You can't get a park test until you have a building. I don't I think I think you have to get it before. We reached out to two um two companies and both of them asked us for um a building permit before they would schedule us. the the house that's on this map now for the co world extension. You said your uncle lives there. Yes.

And the grant the parents lot has nothing to do with it. It's just in the No, just just that it's surrounded by um the same owners. Is there any depiction of where the proposed Did you put any depiction on your plot plan of where the proposed house? Uh there was one blown up uh image. I saw it over here. This is This is all we have. So I'm sorry I had to take No, that's okay. Just the approximately five acres on that corner. But um there was a plan submitted for what the house rendering.

Yeah. You have the house rendering. Sorry. But

well, we don't know where on the five acres it'll go. Uh it's they're they're looking at spot right on the road. It's um it's not very friendly in the winter there. So, they don't want to have a very long. [Music] And there's no wetland consideration.

No. And just procedurally, if the board did saying we get past the waiver requirement, the conditional approval require requires you to file something with the county, right?

Yeah. 60 days, right? Yeah. So, is that what would be filed? I'm sorry. So if because if we conditionally approve a plat, you have to file something with the county showing it's there the line like showing I don't think Albany County would go for this. No, that's my that's my concern because when we're doing subdivisions like you would have this survey that you have now and the surveyor would put on there map out where that new proposed house is and where the proposed septic is and those lines

how long the driveway is where the road frontage. You send this to Albony County, they're going to come back and say what's wrong with you people in French. I'm thinking it's it's challenging because very challenging with this survey we don't see the boundaries at all of I understand um the the original uh path that I was uh pursuing as you know was with um zoning board to address the issue of two primary residences um on one par one parcel it was suggested that I come to the planning board instead to receive some sort of minor subdivision conditionally that we would finish. Did they vote on it or was that just their direction? I'm sorry.

Did they vote on that or was that just their I never made it to the meeting. It's just I was directed to come here instead. Okay. So, do you have to have two primary residents on this or can one be a secondary? You you can't. Yeah. So, right. You mean you can't? Well, you can if you get the variance from z because we have some some code that you can't have two primaries on it. No, you have primary and auxiliary structure or an apartment or you know granny pad or something like that. It has to be smaller than the main structure. Yeah, that would have to come from because I'm living in one. That would have to be a variance approved by zoning board.

Right. So, um I'm just trying to figure an easier way around around this be before you put your head on the block. I think and whether that sorry whether the building permit is mod whether it can be modified after it's issued. I don't know if that helps your situation. I mean, I know that the building permit itself would be valid for I believe they're all valid for a year. That's correct. So, um,

from the time that once that's issued, that generates the 911 number. That's what puts the the time stamp on the project. The surveyors wouldn't give you any time frame.

Uh, the two we were able to get to call back. Uh they're I know they're all very busy. They said in in their contracts they say about 6 to 12 weeks um with the verbiage in there that that's not guaranteed. And then of course you call and ask if they can make it a little more firm and the answer is no. So we did try to find one that would commit to at le. Did you seek to deal with the original company that did this?

The company sold. Um, I did reach out to the person that bought it and I have not heard back yet. Who's did the original serving and what?

Have you tried um the great outdoors in burn that surveying company? I believe I have. Okay. as they Santos and three other I know they're all very busy and it the the point they none of them could commit to the time frame that was the real issue. Um so just to confirm you're really interested in the build permit right that's the event the house that that um my brother and his wife want to build uh that would be substantially more expensive to heat if they're limited on the types of heat that they can install. So, and that's the January 1st deadline to Mhm.

What is the size of the house? Just for I don't have that. I'm sorry. 1900s. Yeah. 1911. Oh, 1900. I guess it's just Any other questions from the board?

All right. I will now accept a motion to consider granting or denying the request of waiver for survey requirements pursuant to town law section 279 and the town code for the Parker minor subdivision. I'll make motion by Carol. Second. Second by Brad. We're going to go individually on whether or not we approve the waiver. Um, just for the record and because we're a small board tonight. Um, so Dartha, not to put you in the hot seat, but okay. Do you approve the waiver?

No, I don't approve it because this is just not enough information. I I'd like to see where the five acres is and where the driveway is going to be. Do you have 250 or 200 feet of road frontage and where the well is going to be and where the septic's going to be? Because once we once we grant it, you could put your house in over here. We then you have no Carol. I feel the same way. I don't think that we can approve it. lacking information and I don't see that we could get the build permit, get this 60 days Albany. Yeah. You know, it's just I understand the electric heat thing.

Yeah. I also uh have to vote to deny it as the chair. I can't legally sign off on a survey for a subdivision in lacking the critical information that we require at the town. Um, and I have concerns as Darthia laid out about not this isn't for protecting like the town's documents on where the house could go. Not that I'm saying that that would potentially change. I understand where where it's going. Um, and from the fact that this would not I don't believe this would be accepted by the Albany County. So Brad,

I'm in agreeance. I deny it as well on the same same principles. I think in terms of so motion carried to deny the waiver just for the record. Um, but I I think in terms of next steps, what I would advise is get on the agenda for the next zoning board and let them know and they can refer to our notes that we have denied it at the planning board and to seek a variance for the two primary occupancy homes or the primary and auxiliary home. Um,

and they will they will see me at a meeting. I was I was told that to not show up at a meeting because they wouldn't hear me. I think we have the next meeting is in two weeks. I think they can squeeze you on the agenda. So, the application I already submitted for the zoning board, can that just be forwarded to them? Yeah. I I don't I'm not gonna speak for how we transfer them, but it's all right. And I'm I zoning board attorney as well. I can't I don't think your application made it there. I have an email to forward you at your convenience. Yeah, that'd be great. And then we can get you on the agenda.

And I think that you can bring all the documents that you brought here. Okay. There. Vicki, if you want to put this in their file. Um can I just add those back? And just looking at your time frame, that should accomplish, assuming everything goes well, that would accomplish your purposes. You get in October and November. Do you want to spend as well or Yeah, if I could just give it so the zoning board has a complete file. Um, but it would even be a little helpful if that map was a little bit bigger and you faced out on your own feet where things would be,

you know, the driveway would be. The map I have is here somewhere, the large one. But even even putting, okay, because this the one p we just had a corner and it said five acres. We didn't know where it was on there. We didn't know where the septic was. We didn't know where the well was. The more information you can provide, the better it's going to be for No, you're saying completely. Yeah. It's not help. It's not easy to build a house for somebody that's not here. Sure. Sure. No, I understand. And I wish that we could take it further for you, but without that critical information. No, I understand completely. Yeah. Okay. So, I can just go speak to about forwarding the application over to the zoning board.

Zoning board. And then once you do get your survey done, we'd be happy to go through the motions of the um minor subdivision as well with the new mapping. I imagine that will be the next steps. Correct. So, all right. Thank you. I appreciate because I I assume sorry everyone. I assume that variance would not endure past the subdivision because you wouldn't want a situation where the newly to be created lot. you would be permitted to primary structures on a 5 acre lot. Is that your understanding of it? Um, no. I mean, the desire is to parcel off the five. Yes. And then once it is parcled off, you wouldn't

you would be okay with that variance being extinguished. Correct. Okay. Just for clarity. Okay. Great. Thank you. Thank you so much.

All right. So, next up we have the case special use permit. Um, thank you for submitting the updated um documents that we requested. Appreciate that. Um, just going to my spot my notes. Um, so Dartha, at the last meeting, Mr. Case came to us to seek a specialist permit for a motor vehicle repair shop. The parcel lies in the agricultural rural residential zone. So it is a permitted use. It's at um 999 Kanye 351. Correct. Um and Mr. Casease provided this business plan if you want to take a look at it. Um for Carol and Brad, it's remained the same as last week. Um we also have updated mapping. So, thank you. I was able

This is Parker. Yes, that is Parker. Um, so I was able to take a look at this. We can pass that around. This is the old mapping. Carol, if you want to familiarize yourself with it, then we'll pass the new one. And we also received pictures of the lot where the proposed sign would go. um and just information regarding the site building. I have a question for you. Um regarding the sign, do you plan to have any lighting on it?

I didn't at first. If I did, it would just be like a little solar light. Okay. Like one of the Yeah, there's not so far up the driveway, but it's not going to be any power to it. Okay. So, I'm not planning on running power. Like one of the ones you just buy at like Home Depot. Yeah. Okay. Yeah. [Music]

Can you remind me? Did you pay your application fee? Yes. Yes. Okay.

So, you fix that far shape of parking lot because you said you lost some of that space. You lost some of the parking space that you So you changed this. Yeah. So this is no longer just by the excavation work that couldn't happen.

Preserve And um Mr. Casease also provided an environmental compliance pollution prevention assessment guide for vehicle uh maintenance shops. So you will be following this.

Yeah, that was the extra the couple pages about the floor drains that Mer brought up. And the state basically does not want any floor drainage in repair shop because even though the oil and water separators work, antifreeze is waterbased. So go right out with it. They figure the best way to contain any spillage is to basically try and soak it right away. That makes a solid waste instead of liquid. Never have floor drains or hazardous materials. I highlighted two things in there. One line that basically says do all maintenance work away from floor drains. So that was kind of

Do you need another permit? Do you need a DEC permit for this since you're not doing a not a car washing place? I don't need anything from DC. The only thing I need after this point is I need the special use permit to go to the state to get a motor available repair license. Okay. So I guess it's similar to Right. [Music] Applications. There's no storm water consideration, right? Because you're not No, that's not detailing shops, right? So, no detailing. Nope. I make messes not

in here. It has If you It's over 185 gallons, then you need a special you got to do special things. Um, before we get into reviewing the seeker, are there any questions from the board on the documents provided or the intent of the special use permit? No.

All right. Um, so I think we can So we have received the special use permit that we ran through at the prior meeting. Um, now we have to review the seeker form part one. Um, but before we do that, any requested changes or information to the business plan or is it pretty straightforward and meet our needs? No, I think we could be way ahead of the extra stuff.

All right. Um, so for the seeker form, we'll run through this. Um, so again, the project location is 99 County Route 351, Wenslerville, New York. The name of the project is Ron's Auto. The description is to establish and operate an automotive repair facility. Again, this is located in the agricultural rural residential zone where this is a permitted use. Um, so we'll run through the questions. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, or administrative rule or regulation? No. Does the proposed action require a permit approval or funding from any other government agency? Yes. And the New York State Department of Motor Vehicle is um is listed here. So for all land uses that occur on this or in an adjoin or adjoining properties it is rural non-aggricultural. Is the proposed action a a permitted use under zoning regulations? Yes. Consistent with the adopted comprehensive plan? Yes. Is the proposed action consistent with the predominant character of the existing built natural landscape? Yes. Is the site of the proposed action located in or does it adjoin to a state listed crit critical environmental area? No. Will the proposed action result in substantial increase in traffic above present levels? No. Are public transportation services available at or near the site of the proposed action? No. Are any pedestrian accommodations or bicycle routes available? No. Does the proposed action meet or exceed the state energy code requirements? Yes.

Will the proposed action connect to an existing public private water supply? No. Water will be purchased and in the next question there's more information provided. Um but we after that we can pause there if there's any questions. Will the proposed action connect to an existing wastewater utilities? No. Restrooms are not provided or constructed at this facility. There will be a portable toilet provided for construction. Any questions from the board on that information there? I hope the other house is close by. Yeah, it's close enough for me. So,

um, number 12. Does this project site contain or is it substantially contiguous to a building, archaeological site or district which is on the national or state register of historic places that has been determined by the commissioner of the New York State Office of Parks and Recreation and Historic Preservation to be eligible for listing on the state register of historic places? No. Is the project site or any portion of it located in or adjacent to an area designated as sensitive for archaeological sites on the New York State Historic Preservation Office site inventory? No. Does any portion of the proposed site of the proposed action or lands adjoining contain wetlands or other water bodies regulated by federal, state or local agencies? No. Would the proposed action physically alter and encroach into any existing wetland or water body? No. Identify the typical habitat types that occur on or are likely to be found at the project site. Uh the applicant has selected forest and agricultural grasslands. Does the site of the proposed action contain any species of animals or associated habitats listed by the state or federal government as threatened or endangered? No. Is the project site located in the 100red-year flood plan? No. Will the proposed action create storm water discharge either from point or non-point sources? No. Does the proposed action include construction or other activities that would result in impoundment of water or other liquids such as a retention pond or waste living? No. Has the site of the proposed action or adjoining property been located on an active or closed solid waste management treatment facility? No. Has the site of the proposed action or adjoining property been the subject of remediation for hazardous waste? No.

So that concludes um seeker part one. If there are no questions regarding any of those answers, I will now accept a motion that the action be classified as unlisted. Make a motion. Motion by Carol. Second by Dartha. All in favor? I oppose? None. Um Andrew, can you read the criteria for the next section?

Sure. I'll read our impact assessment criteria. I will assume no or small impact may occur, but if any of the board feels differently, feel free to stop me for a discussion. Will the action create a material conflict with an adopted land use plan or zoning regulation? Will the action result in change in the use or intensity of use of land? Will the action impair the character or quality of the existing community? Will the action have an impact on the environmental characteristics that caused the establishment of a critical environmental area? Will the action result in adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? Will the action cause an increase in the use of energy and fails to incorporate reasonably available energy conservation or renewable energy opportunities? Will the action impact existing public or private wastewater supplies or public or private wastewater treatment utilities? Will the action impair the character or quality of important historic, archeological, architectural or aesthetic resources? Will the action result in an adverse change to natural resources? Will the action result in increase in the potential for erosion, flooding or drainage problems? And lastly, will the action create a hazard to environmental resources or human health?

Thanks, Andrew. Um, so we're going to do two motions now. I will accept a motion that the town of Brunleyville Planning Board be designated as lead agency. Motion. Oh, motion by Brad, second by Carol. All in favor? I opposed. None. Motion carried. Um, I will also now accept a motion that for the reasons listed in the notice of determination of significance, a negative declaration be made. Make a motion. Motion by Brad. Second.

Second by Dorothia. All in favor? I opposed. None. Motion carried. All right. So, the next steps um for this project is we do have to refer this over to Alb County Planning Board because you're on a county route. So, what that means is we just have to send over all of your project documentation. They'll review it, make a recommendation. There might be things that they want you to consider as you go forward. Um, so we will get that back. Um, and then also the next step would be to do a public hearing. So Vicki, when is considering Albany County?

I have a calendar. Okay. I don't have it on me. I believe it's the middle of the month. Okay. Because we need to refer it. I don't know if we would make it. Let me let me get that. Okay. No problem. Sorry to put you on the spot. Okay. So, our meeting schedule next month is the 6th and the 20th. Yeah. I have a feeling it's going to be the 20th. Let's see. Can I have the remainder of the documentation?

Their next one is Thursday, October 23rd. I don't have a code. That's not the same. It is. So, we don't have one, right? Is that the third Thursday? Oh, that's But that's for Albany County. So, sorry. I think they need the referral submission deadline for October was the 6th. Okay. So, we're not going to make October's, but we certainly can't get it in by November 10th or their November 20th meeting. Okay.

So, that'll put us into December then because we'll be there. We'll be meeting the same time. And I know in the past we've done it on the same nights where we just ask that individual, I can't remember her name to transmit the Yeah. determination. Yeah. Yeah. if we can go with that. Um, and then if we don't get it back, we would likely adjourn the public hearing until we have it. Okay. So, it makes sense to schedule it sooner and then if we have it, we can assuming everything else is okay.

Are you comfortable with that? That would I mean at earliest this has the potential to get approved by November 20th and at latest December 4th. speaking depending on the comments. Um, and Vicki, is November 20th enough time for you? Put this in the notice in the for public hearing. Okay. So, I'll accept a motion to schedule a public hearing for the case special use permit for November 20th at 7 p.m. Make motion. Motion by Carol. Second.

Second by Brad. All in favor? I opposed. None. Motion carried. Um, so next steps for you are to mail these certified mailers out. Um, is there anything else, Jakey, that is needed? The notice. He needs the the copy of the legal notice. But now that we have the date for the public hearing, I can put that together. Okay. Do you want me to keep these here until you have the notice? Yes. Okay. Um, so yeah. And then at the the so you don't have to come to the next meeting on November 6th, just November 20th.

And when you return, just bring the certified mailers back. Um because we need those as proof that you conducted your mailings. Um any questions for us? I don't think so. Right. Well, thank you. Appreciate it and appreciate the updates. So have a good one. Thank you. Thank you. Um, with that being that being said, I will accept a motion to adjourn our meeting. Make a motion. Motion by Brad. Second. Second by Dorothia. All in favor? None. Motion carried.

Thanks, Vicki. Thank you.