Planning Board - Regular Meeting

I'm well. And you so far so good. meeting today or the last seven days. Now be nice people in the world. I have a right. I just choose not to invoke it.

Did you see Robert that put in a way? I did not. the athletic director for all his communications with CBS. Seriously? Yeah. [clears throat]

She's not She's not good news. There's a lot of the distraction. [cough] [clears throat] [clears throat]

Are we good? Yep. Okay. All right. Um, good afternoon everybody. Welcome to the conference and rural planning board meeting for Thursday, December 18th. Our first item on the agenda is to approve the meeting minutes. Um, I know we got digital copies. I don't know if everyone

there were mine, but I did review it earlier after we um our first item on the agenda is the approval of the November 20th planning board meeting minutes. Um then our key special needs permit, our centerline uh communications public hearing, the Freriedman Ash subdivision application, and then we'll enter into executive session where we'll just go into the other room for that one um at the end. Um so with that being said, I'll call the meeting to order. Um [clears throat] for the November 20th planning board meeting minutes, I will accept a motion um to approve these minutes.

So moved. Motion by Robert. Second. Second by Dorothia. All in favor? I opposed. None. Motion carried. Okay. So our first item on the agenda is the case special use permit um for a auto repair shop.

Um No, we're going to go we're going to Yeah. Um and at our last meeting on November 20th, we had a public hearing that was held and closed. And I want to state record a few new updates since that meeting. Um, [clears throat] so for the record, the planning board did conduct a site visit to the project location and found the location and project were in alignment with the description and business plan provided by [clears throat] the applicant. Um, also for the record, the planning board did receive an additional public comment in writing um that will be added to the project file um submitted by Mr. Thomas Martin. I just want to confirm with the planning board that everybody was able to review that public comment.

Um, additionally, um, the Albany County Planning Board did return their recommendations which were outstanding at the time of our last meeting and I will now read those into public record. [clears throat] [cough] Um so the Albany County Planning Board did um recommend approval for this under with these um recommendations. Um the first being there's five in total. The proposed motor vehicle facility is commercial in nature. The town should evaluate any potential adverse impacts to community character in accordance with uh GML section 239 subsection D. Additionally, the town should consider the potential precedent that may be established by permitting a vehicle repair facility or similar commercial uses within the agricultural residential zoning district. And um just as a comment in regard to this first recommendation um I believe I I want to just discuss with the board that through our review of the seeker site visits that it is within the character of the town. Um does anybody object to those that number two any necessary motor vehicles for operation of a garage should be required the town should ensure protection of groundwater resources by requiring this sorry that was number two. Uh the third is the town should ensure protection of groundwater resources by requiring the storage of vehicles on an imperous service designed to catch spills from fuel, oil, and gasoline. [clears throat] Number four, a highway work permit from

the Albany County Department of Public Works to the driveway construction, drainage, and public utility connections within the county right ofway is required. And number five, the Albby County Planning Board advises the town to require official drawing or rendering from the applicant prepared by licensed professionals that are not handdrawn to assess the proposed land use. Um, regarding the fifth one, I want to come back to that in our discussions of the conditions for this application. Um but because the applicant has already obtained a uh building permit from the town um building department and code enforcer and that it is already under construction. I feel that this is um something that we may be able to if the board feels so moved um override and wave that um that recommendation, but we will get to that later on in our discussion. Um, so in general, um, and so in response to not only the board's receipt of that additional public comment from Mr. Martin and all the county planning board's recommendations, I would like to just discuss with the board uh, conditions for consideration to offset any potential impacts from the proposed use of the special permit if the board takes final action to approve today. So essentially, if we decide to approve this application tonight, what are the conditions involved in that approval? Um, and just is to really offset and mitigate any potential in response to public comments raised in

the board's own assessment. So, um, I would like to propose adoption of the Albany County [clears throat] Planning Board's recommendations 2 through 4 as conditions, which would be the applicant shall be required to obtain necessary registration from New York State Department of Motor Vehicles for operation of the garage. The applicant shall be required to ensure protection of groundwater resources by requiring the storage vehicles on impervious service service designed to catch spills from fuel, oil and gasoline and as outlined in um the environmental compliance, pollution prevention and self- assessment guide for vehicle maintenance shops that was provided by the applicant and this is from the New York State Department of Environmental Conservation. Um, and the fourth one being the applicant shall be required to obtain the highway work permit from the Alburn County Department of Public Works for driveway construction, drainage, and public utility connections within the county right away. Um, are there any other conditions that we want to [clears throat] discuss um that you know either differ from the plan that was submitted by the applicant? Um, so as a reminder, let me pull out that plan already. [snorts] Um, [cough and clears throat] hours of operation were 6:00 a.m. to 9:00 p.m. 7 days a week, 23 parking spaces. Um based on that 220 ft space in the in the current parking lot

um which when divided by the standard parking space which is 9 ft um um and that business would offer towing service but would not operate. I think one important consideration that we do propose in addition to the Albony County ones are is the salvage yard that would not operate as a salvage yard for um vehicles that are no longer in use. [clears throat]

Um any other discussion? Can I just ask a question about the comment and I'm happy to get especially from the neighbor but I'm just curious as that new member um on if we have a hearing and the hearing is closed do we continue to accept public comments after or is there a point at which public comment is closed we [clears throat] conducted the public hearing and that was closed but people can still submit for so there's no there's no point at which the public comment period is over

well the spoken public comment period ends Yeah, it was um Mr. Martin. No, I was just curious what what practices and [clears throat] a lot of what um detailed in his letter. Um I want I don't want that to be construed as I don't care about curious what was

Yeah. Um are there any other conditions that we would like to um discuss or impose here? So we have conditions two through four from Alb County Planning Board. Cannot operate as a salvage yard. Is the board comfortable with the current proposed business plan? And I can pass that around if anyone wants to see it. considerations.

No, it don't part of the final one, but you will need a motion to for the right. Yeah.

[snorts] [clears throat] This is hard. And the board is comfortable with the hours of operation.

[clears throat]

Um, so just to memorialize the conditions that the board is recommending that we adopt if this is approved. Um they will be number one the applicant shall be required to obtain necessary registration from New York State Department motor vehicles for operation of the garage. The applicant should be required to ensure protection of groundwater resources by requiring storage of vehicles on impervious surface designed to catch spills from pool oil and gasoline and per um in accordance with the New York State Department of Environmental Conservation. Um, the applicant shall be required to obtain a highway work permit from the Albany County Department of Public Works for driveway construction, drainage, and public utility connections within the county right of way. And the applicant cannot operate as a salvage yard or junkyard for immobilized vehicles.

All right. Um, I would like to propose that we override or not adopt recommendation number five from Albany County Planning Board due to the applicant already obtaining a building permit from the town of Rentville planning townsville building inspector code enforcer already in progress with building by the applicant and that was substantiated by the planning board's site visit that was conducted. Um, so with that being said, I will now accept a motion to override or not adopt the Albany County Planning Board recommendation number five for the case special. Make a motion. Motion by Brad. Second.

Second [clears throat] by Dominic. All in favor? I opposed. None. Motion carried. Um, I just want to ask the board or the applicant if there are any additional questions that um, folks have on this project. Do you have anything else to um, that you'd like us to consider before we take final action? I think so. I think that covers it in the law and the hours. Okay. Um, so I will now accept a motion to take final action and approve the change special use permit under the conditions previously outlined by the planning board and adopted from the Albany County Planning Board recommendation.

Make a motion. Motion by Carol, second by Brad, I think. All in favor? I oppose. None. Motion carried. Um so we will be drafting up a resolution that has [clears throat] all those considerations um or conditions in there in terms of next steps and then um it would be you know on you to ensure that you abide by those conditions and then your special needs permit would be granted. Correct. Right. Yeah. So I think we're all finished here. So, thank you. Thank you.

So, we'll send that via email, right? Yeah. After it gets after it gets executed, it's filed in the clerk's office and you get a copy via email. I just have a quick question. So, does that mean that that is the limit of any special use requirements or conditions? So essentially my requests have been read and then overlooked. No, they were read and considered. Read and considered. Yes.

And in a in alignment also with the Albany County Planning Board's recommendations. that we we found from doing our site visit, reviewing the application, and adopting the Albany County Planning Board's recommendations that they have that it meets the requirements for our planning board and any other special permits would be from the building inspector. Correct. Like the need for them, I don't think any are proposed.

None are proposed at this time. Well, I guess more specifically my major concern was about the additional noise and there has been no issuance, no question or comment or discussion about that.

When we visited the site, we found that it was substantially far enough away from neighboring homes. And there's that heavy tree line and it did not have foliage on it at that time. And [clears throat] we were not he was running a generator too. We were not finding that the noise was in you know out of you know it was reason it was reasonable and I think if for noise considerations too would that be enforcement

right? if if the noise was in excess of whatever the town's noise ordinance is. I don't think we have a noise ordinance in our town. I can't speak and I believe that planning board members did their own research and there is not a noise ordinance as well. Right. That I I understand that completely. Yeah. Which is why I specifically asked if Well, this is the thing. We're neighbors. I am sure at this point you guys will have your resolution and your your documentation that you'll submit and finalize and then he and I as neighbors will just have to do the neighborly thing and just make sure that we get along.

And of course code enforcement is like an escalation pathway too. You really didn't address any of my personal issues in this matter so it doesn't have anything to do with me at that point. if they were considered and we felt that they were addressed by adopting the alternate county planning board recommendations and thought through the business plan and considerations there in addition with our site plan visit they did not fall into I appreciate that thank you

all right um the next item permit. So, we have confirmed since our last meeting that the application fee was paid um and that the certified mailers were sent and provided back to the town. and we would like to um [clears throat] just ask that the applicant provide an overview of the intent of the project if you wouldn't mind um opening the public hearing. Yeah, it's a very basic um they're just going to add three new antennas to the existing [clears throat] configuration installed on the tower.

Thank you. So, it's a modification to the existing tower. Um before we open up the public hearing, I would like [clears throat] to review the rules for the audience. Um, there is a five minute time limit if you wish to speak. Uh, when speaking, state your name and address for the record. Only speak during your turn. Um, one turn per person. Respectful language. No discussion between the public and the applicant or the board. And there will not be any response to your questions or comments during the hearing. I will now accept a motion to open the public hearing at 7:20 p.m. for the center line communication special permit. Make a motion. Motion by Dominic.

Second. Second by Brad. All in favor? No. [clears throat] Motion carry.

I'll give it one minute. During the law in the public hearing remind that this applications here pursued to the federal law that states [clears throat] local municipal boards shall approve these applications if they are not substantially altering the prop the tow exist tower. It's an eligible facilities request. It's just the applicable federal guidance from the board, not guidance law, the board's declaration.

I'd like to just state on record that we did not receive any comments in writing for this and this did not need to be referred to the Al County Planning Board. So, since there are no further public comments, um I [laughter] will accept the motion to close the public hearing at 7:21 p.m. for Center Communications. So, moved. Motion by Robert. Second, second by Dartha. All in favor? Opposed? None. Motion carried. Accept a motion to approve and take final action on the centerline communication. Motion by Dominic. Second. Second by Carol. Um, all in favor? I

oppose. None. Motion carried. Yay. [laughter]

Thank you very much. I appreciate it. Last but not least, special. So, we received your updated mapping. So, thank you for getting that over to us. Um, it was really helpful. Good. Um, so just to remind the board, um, these applicants have a 139 acre parcel. Um, and they are looking to subdivide how how many

27 27 acres of land. Um, so you'll [clears throat] recall that 139 acres and please correct me if I'm Yeah. So far,

uh the 139 acres is not surveyed entirely, but the 27 acres that they are proposing to subdivide or create a new lot out of is surveyed. And that is what we have before us today in our smaller um which I'm actually going to this one's a little um [clears throat] um and The reason that the Could you refresh the board on the reason why the 139 cannot be um reserveyed the entire partial parcel?

Um well, because we're only when we bought the land before we built the house, the bank insisted that we um have it as 139 lot. Um, and no, I think what happened was uh good evening.

Uh, we thought that uh that it would be subdivided and we hired the surveyor did subdivide it, but the bank for some reason didn't include that in the mortgage. So, they they covered the whole lot. We would like to now go back to and we updated with the surveyor the original uh survey. So that was like 25 years ago. Okay. So you'd like the 139 acre lot less um the 27 acres. So you remain keep 112.

Yeah, we're going to keep that. It's going to work. Okay. And um you know we did review this updated map different I think from our other applications in my you know after discuss review because we do have a distinguishable lot here um because we know it's being separated. This is 27 acres. Um, and I I don't know, Andrew, if you want to if there's anything that you want to add on regarding kind of this scenario.

No, that generally covers it. So, we're looking at the survey. This is what's to be created, right? Correct. This square, this rectangle. Yeah. The 26 acres is coming out of this larger part so that we don't have completely in front of us. So that's why the Atkins requesting that we proceed this way. Typically the board has required all 100, however many acres to be surveyed, but here it's a bit unique where we're seeing the new lot. That's the one that's surveyed. And uh you would still be required to get deeds produced of both lots and file those with the clerk, the county clerk. I just want you to be aware of that. That's not

the original deeds from when we purchased the property. Why aren't you creating a new? No, what he means is uh we have Where do we get those deeds from? Probably an attorney. Attorney. Okay. So, it's it's still the same land. It's just that they're going to be two deeds now, right? Because you're you're subdividing two from one. Okay.

Yeah. So, we still have to like vote tonight if this is something that we feel comfortable with with the information that we have presented. If we forward in terms of granting and hypothet was approved. The next step in every subdivision is that two new deeds are created for those new parties. So, um that would be, you know, a contingency on even if we were to approve it, if new deeds could not be right, Andrew, even if we were to approve it and new deeds could not be created from these, then it would be

Yeah. and no one because if this gets approved here, you still file a county can increase the right. So there's that additional steps that we don't have oversight into. We can just, you know, look at the information that you've provided us and determine if it's sufficient enough for our needs and then the county is where it's really Yeah, that's where you have to go finalize it and find But it's a straightforward process, right? I mean, there's nothing weird. Fairly fairly. Yeah, but you would just need that lawyer to draw up the for this. So that's just something we want you to be aware of. So theoretically the new deeds would take the original deed of the 131 basically rewrite it.

Yeah. Right out of this and I I don't know what the legal description is, but it would say it would have the two watts, it would be lot one from such a point to whatever this new survey line is and then describe that in their surveyor language. I don't know. Is this sort of square [clears throat] drawing the 139 basically or not? We didn't hear it. There's there's like a a square here in this small picture. Is this big square that

is that 127 or that 27? Is that the middle of the 13? It's on the souththeast corner of the 139. [clears throat] Then is that is that space? But then there's a light here. the house and the pond [clears throat] towards.

Yeah, that's great. Yeah. No, actually [clears throat] square is 13. Excuse me. The square is 139. Okay. And presumably the original deed describes that 139 precisely. Correct. Um, but just like that to I mean we don't bring the deeds when the new deeds are growing up. We bring them back here after the five.

After Yeah. Um [cough and clears throat] just looking at your maps here, there are a few if we were we will be voting on if we want to continue with this, but hypothetically saying we want if we want to continue with this, there are some minor updates that need to be made to the map that your survey surveyor could make. Um, and I printed you out these I did review this in advance. Um, just like the listing of the requirements on our subdivision. So, some things that I'm seeing that are missing right now is the acreage data. It doesn't, you know, clearly say this is 27 acres.

Um, and I'll give you a copy of of this, too. Um, and I think Andrew, correct me if I'm wrong, we want their names on this here, right? Whoever owns it. Yeah. All right. Should be identified. Yeah. I can just show you. No, no, that does. But here, right? Oh, I see. So, you would need your names as neighbors. Got it. Yep. As neighbors. And then he would still be here because you're still the owners, correct?

But it's a new lot. And then it's missing um just like the anchorage like the the total acreage um in each one. But I I'll give you a list um if we decide super that this could move forward. Um I think I want to ask the board if there if anyone has any questions regarding what's being asked or any questions for Andrew on this. um subdivision or thoughts or concerns?

No, I would just make sure when the surveyor does it, like even when you were looking at it, you had to get your head around what you were looking at. So, you want this to be when the average person [clears throat] looks at this map, they kind of know what's going on. So, it's really apparent what it is. Okay. [clears throat] Does that have to be written down there or Well, yeah. and and and the things in that list are going to help you with the names and the acres in the lot sizes will make things much clearer because now the two things kind of get lost side by side. Yeah. Like I was one it took me a second to figure out that this shape of the new property was okay. I mean it's kind of clear it's the same shape but it took me a bit to figure [clears throat]

they've been cooperative in making the updates. They've been super

So, um, if if the board has no other questions, I think we have to make a decision tonight whether or not we want to um, you know, approve going forward with this application if we feel that this different than other um lots or other applications that we've seen um if this meets our criteria if we can wave the full property to be served um tonight. So one last time if anyone has any questions or concerns before we make that decision

do you have concerns? I don't but I want to I I reviewed it with earlier so you were um this one like I said I think it's distinguishable from other applications of similar nature because we do have the survey of the new law and we know where it is but we have the boundaries so like Andrew said when they write the deed they can place those markers. So all right, I will accept a motion to wave requiring the full property to be surveyed for the freedom subdivision based on the survey before the board today.

Motion by Robert. Second by Carol. All in favor? I All right. So we can move forward with your application. Um so you'll have a few more meetings with us. I was just going to say [laughter] so then so we go back to the attorneys to get new deeds. We put in more information [clears throat] and then we come back to No deeds yet. Not until we approve the subdivision. But I think I would start looking for an attorney that could write that up. So right Andrew, no need to do that right now to get the

start [clears throat] needs to approve the subision. Yeah, we still need to approve this other uh you can come back at our next meeting. Okay, so we need the maps up. Okay. Um so here's a list. This is in our subdivision um document. So, it has like 27 requirements, but the ones I've pointed out here, okay, are um the two that we've noticed. But if you want, I would ask your surveyor to make sure that everything on this list is addressed in the mapping.

Yeah, those are Yeah. and to include the total acreage and just have him make sure that everything else on this list is is done. And so once he has those updated um if you want to submit new mapping then we can do the full review of it. So good and then we can walk through the applications that you guys submitted and and everything. [clears throat] Yeah. Thank you for getting the updated. I think it really helped us be able to see what's going on. See what's going on and make that decision. So, um, yeah, our next meeting

is January 15th. Yeah, January 15th at 7 p.m. and then after that it will be February 5th. A little in January. All right. Well, we hope to see you then. So, thank you. Yes. um business is to move into executive session for matters of employment.

Motion by Robert, second by Brad. All in favor of you, too. Well, I'm ending this right Now