November 5, 2020 Planning Board minutes

*** Approved December 3, 2020 ***

Thursday, November 5, 2020

The regular meeting of the Town of Porter Planning Board was called to order at 7:00 p.m. with the Pledge to the Flag. 

Present: Chairperson J. Anthony Collard, Vice Chairperson Jeffrey Schulze, Member Robert Tower, Member Ryan Ross, Member Mark Fox, Code Enforcer Peter Jeffery, Attorney Michael Dowd, Planning Board Secretary Amy Freiermuth

Approval of the minutes from October 1, 2020 Planning Board meeting

A motion was made to approve the minutes as presented by Vice Chairperson Schulze and seconded by Member Tower. All in favor, motion carried.

Sketch Plan Review for Brookhaven Trust 3456, John P. Bartolomei, Trustee, Vacant Lot Youngstown-Lockport Road; Tax Map 45.00-1-58.112 for a Minor Subdivision.

Code Enforcer Jeffery explained to the Members that he and Mr. Bartolomei spoke and due to Covid precautions, Mr. Bartolomei asked to be excused from being in attendance at the meeting this evening. Chairperson Collard agreed prior to the meeting and Code Enforcer Jeffery stated he would explain the sketch plan in his absence. 

Code Enforcer Jeffery stated that the Brookhaven Trust owns acreage on Route 93 between East Avenue and the Parkway and would like to subdivide it into 4 house lots. The two end lots would be 125 feet wide by 200 feet deep and the two interior lots would be approximately 106 feet wide by 200 feet deep. Code Enforcer Jeffery stated that the minimum lot size is 100 feet wide by 200 feet deep and therefore these lots would meet current code. 

Vice Chairperson Schulze asked if this is a Minor Subdivision (vs. major) and Code Enforcer Jeffery stated that because this is 4 lots, it is defined as a Minor Subdivision. 

The survey was displayed for the Members. With no further questions, a motion was made to approve the sketch plan as presented. The motion was made by Member Fox and seconded by Member Ross.  

With no further discussion, roll was called:

Chairperson Collard: Yes
Vice Chairperson Schulze: Yes
Member Fox: Yes
Member Tower: Yes

Member Ross: Yes

Motion carried.

Attorney Dowd stated that attendance at the public hearing would be required, but it could be arranged for Mr. Bartolomei to attend using a digital platform if requested. Code Enforcer Jeffery stated he would contact him.

Recommendation to the Zoning Board of Appeals for Joseph Nicolla, 3410 Creek Road, Youngstown; Tax Map 46.00-2-44 for an Area Variance for a storage building for a home based business. 

Mr. Nicolla was in attendance. He explained that he would like to build a 48x80 foot office/shop for his landscaping and snowmobile repair business that would allow for equipment storage as well. He is requesting an area variance for the size as it would be larger than his home. 

Code Enforcer Jeffery explained that Mr. Nicolla lives in a LDR (Low Density Residental) Zoning District and he runs his business from this property. He stated there are other home based business in the area that are similar (ie. Ken Young and Jim Acome). 

Mr. Nicolla stated that the building would be positioned approximately 500 feet behind the house and well over 600 feet from the road. 

Vice Chairperson Schulze asked if the home was smaller than the proposed building and hence the need for a variance. Code Enforcer Jeffery confirmed. He explained that the existing building on the property would be removed. Mr. Nicolla stated he spoke with his neighbors and there were no issues brought forth. 

Code Enforcer Jeffery stated that there is nothing in the Code regarding landscaping as a home based business and it is not in the permitted use table. He stated he looked at the table to find a similar use to verify the process needed for the business (ie. Special Use Permit, Site Plan) and found nothing similar. He was concerned for this reason and suggested that the Members recommend to the Town Board that the law be amended to include similar businesses in the permitted use table. Attorney Dowd stated it made sense to consider the creation of additional permitted uses of landscaping/home contractor occupations and suggested that the Planning Board table the recommendation on the Variance until the Code was reviewed or modified by the Town Board. 

Mr. Nicolla stated he understood. He asked if he needed a driveway permit as he would like to lay down millings to help mitigate a muddy driveway over the winter. Code Enforcer Jeffery stated he did not need a building permit to do so. 

Code Enforcer Jeffery stated he would work with the Planning Board and Town Board to define the home based business in the use table along with the process. 

The Members agreed to table the recommendation until the law was changed. 

Code Enforcer Jeffery’s report

Code Enforcer Jeffery’s report was distributed. A brief discussion of some of the items ensued.

Correspondence / New / Old / Miscellaneous Business

Code Enforcer Jeffery stated that an extension was being made on the solar moratorium as the committee was still working on a resolution of the law. 

Attorney Dowd’s report

Attorney Dowd had nothing further to report.

With no further discussion, a motion to adjourn the meeting at 8:06 p.m. was made by Member Fox and seconded by Member Tower. All in favor, motion carried.