TOWN OF CLINTON PLANNING BOARD MEETING FINAL MINUTES October 2, 2018

Similar documents
Members: Mr. Prager Chairman Mr. Rexhouse Member Mr. Casella Member Mr. Johnston Member--Absent Mr. Galotti Member

Town of Poughkeepsie Planning Department

TOWN OF SOUTHPORT 1139 Pennsylvania Avenue Elmira, NY 14904

VILLAGE OF MONROE ZONING BOARD OF APPEALS MEETING NOVEMBER 10, 2014 MINUTES

Accessory Buildings (Portion pulled from Town Code Updated 2015)

NONCONFORMING USES, BUILDINGS, STRUCTURES OR LOTS

ZONING BOARD OF APPEALS Town of North Greenbush 2 Douglas Street Wynantskill, NY 12198

APPLICATION FOR INTERPRETATION

MINUTES. Planning & Zoning Secretary SUMMARIZED. Resubmit Addressing Outstanding Issues

TOWN OF UNION VALE PLANNING BOARD MINUTES OF REGULAR MEETING. October 19, 2016

MINUTES ZONING BOARD OF APPEALS March 17, 2010 JOAN SALOMON NANETTE ALBANESE DANIEL SULLIVAN

Stream Protection Buffer Variance Request

Town of Farmington 1000 County Road 8 Farmington, New York 14425

ORDINANCE NO. THE CITY COUNCIL OF THE CITY OF BELMONT DOES ORDAIN AS FOLLOWS:

Zoning Board of Appeals 2919 Delaware Avenue, RM 14 Kenmore, NY (716) Zoning Board of Appeals

Bridgewater Town Council

Owner Information Name: Address of property applying for the variance: Telephone #: address: Mailing address if different:

Member Wanderman made a motion to approve the minutes of October 20, 2016, seconded by Member Barbera. Upon vote, the motion carried unanimously.

Chapter 12 Erosion Control Regulations

AGENDA ZONING BOARD OF APPEALS MEETING Monday, April 16, Nasser Civic Center Plaza Second Floor Central Conference Room 5:00 PM

COUNTY COUNCIL OF PRINCE GEORGE'S COUNTY, MARYLAND, SITTING AS THE DISTRICT COUNCIL ZONING ORDINANCE NO

MINUTES LINCOLN COUNTY BOARD OF ADJUSTMENT. August 26, 2013

ARTICLE XI ENFORCEMENT, PERMITS, VIOLATIONS & PENALTIES

CITY OF RUSTON. Inspection Department Fax: OFF-PREMISE SIGN PERMIT APPLICATION SITE PLAN MUST BE INCLUDED WITH APPLICATION

Article 1. GENERAL PROVISIONS

(JULY 2000 EDITION, Pub. by City of LA) Rev. 9/13/

ORDINANCE NO. 17_3_9_9_2_

A Town Board Workshop was held Thursday, November 16, 2017 at 6:00pm at Town Hall, 18 Russell Avenue, Ravena, New York

Gatekeeper. First municipal contact. Behind the Scenes: Roles and Responsibilities of Planning Board and ZBA Secretaries

Farmington Zoning Board of Appeals Resolution SEQR Resolution - Type II Action File: ZB #

ZONING ORDINANCE FOR THE TRI-COUNTY REGIONAL AIRPORT

STATE OF MICHIGAN COUNTY OF WAYNE CITY OF ALLEN PARK ORDINANCE #

Borough of Berwick ORDINANCE

TOWN OF PITTSFORD ZONING BOARD OF APPEALS AGENDA March 18, 2019

AN ORDINANCE BY THE CITY OF SPARKS AMENDING TITLE 20 TO INCLUDE STANDARDS FOR URBAN AGRICULTURE AND OTHER MATTERS PROPERLY RELATING THERETO.

ZONING BOARD OF APPEALS MINUTES OF MAY 2, :00 P.M.

PLANNING COMMISSION MEETING MINUTES CITY OF GRANT

5100. General lol. Exempt Signs loz. Temporary Sign Regulations Business Signs Off-Premises Signs los. Sign Permits

Ashe County, NC Ordinance Chapter 163: Regulation of Wind Energy Systems

` Board of Zoning Appeals 601 Lakeside Avenue, Room 516 Cleveland, Ohio

Zoning Board of Appeals Minutes. Wednesday, January 16, :00 PM

MINUTES. Town of Wappinger Planning Board

AGENDA WORKSHOP MEETING TOWN BOARD TOWN OF MARLBOROUGH 21 MILTON TURNPIKE, MILTON NEW YORK AUGUST 27, 2018

THE TOWN OF PEMBROKE PLANNING BOARD 1145 Main Rd., Pembroke, NY Minutes for the regular meeting held on May 22, 2013

Charter Township of Kalamazoo Minutes of a Planning Commission Meeting Held on November 1, 2018

Use Variance Application Zoning Board of Appeals, Town of Ontario

TOWN OF NAPLES NAPLES MINIMUM LOT SIZE ORDINANCE. Naples Lot Size Ordinance for the Town of Naples, Maine Attested by Town Clerk

Zoning Board of Appeals 1 DRAFT

CHAPTER NONCONFORMITIES SECTION GENERALLY Intent and Purpose

Elko County Planning Commission ELKO COUNTY PLANNING COMMISSION MINUTES

AGREEMENT BETWEEN CATTARAUGUS COUNTY PLANNING BOARD AND OF REFERRAL EXEMPTIONS

(3) "Conservation district" means a conservation district authorized under part 93.

RESOLUTION NO CITY OF MAPLE GROVE

Application for Textile Recycling Collection Bin City of Jacksonville, Florida Planning and Development Department

Billboard: A billboard is a free standing sign over 32 square feet which meets any

CHARLES COUNTY CRITICAL AREA PROGRAM. Comprehensive Update

August 17, 2012 STAFF REPORT

BUILDING PERMIT ORDINANCE TOWN OF WOODSTOCK

ORDINANCE NO NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI SPRINGS:

Compiler's note: The repealed sections pertained to definitions and soil erosion and sedimentation control program.

MINUTES PLANNING BOARD PUBLIC HEARING

Zoning Board of Adjustment May 22, 2018

3333STERLING HEIGHTS ZONING BOARD OF APPEALS REGULAR MEETING CITY HALL DECEMBER 22, 2016

Stillwater Town Board January 18, :00 PM Stillwater Town Hall

MINUTES ZONING BOARD OF APPEALS September 9, 2009 WILLIAM MOWERSON JOAN SALOMON NANETTE ALBANESE

SOLON CITY COUNCIL APRIL 19, :00 P.M.

St. Mary s County Board of Appeals Annual Report

Variance 2018 Bargersville Board of Zoning Appeals Application Kit

CHARTER TOWNSHIP OF LYON ZONING BOARD OF APPEALS MEETING MINUTES June 21, 2004

ARTICLE 7 AMENDMENTS TO ORDINANCE

Appendix A: Draft Billboard Ordinance

City of Calistoga Staff Report

Town of Hamburg Board of Zoning Appeals Meeting March 5, Minutes

Zoning Board of Appeals Overview. A Division of the New York Department of State

DERBY INLAND WETLANDS AGENCY DERBY, CONNECTICUT 06418

Application For Rezoning

ORDINANCE NO

sq. ft.) as provided by Section 5{A).

DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Tuesday, March 22, 2011

MINUTES ZONING BOARD OF APPEALS April 2, 2008 WILLIAM MOWERSON NANETTE ALBANESE DANIEL SULLIVAN

City of Aurora PLANNING COMMISSION MEETING MINUTES March 1, 2017

BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SPARTA, LIVINGSTON COUNTY, NEW YORK, AS FOLLOWS:

TOWN OF ROCKY MOUNT PLANNING COMMISSION MEETING MINUTES APRIL 1, :00 P.M.

Article I PREAMBLE, TITLE, PURPOSE and LEGAL CLAUSES

MEETING MINUTES JUNE 16, ROLL CALL: Members Present: Fette, Luthman, Randazzo, Corcoran, Leuthe, Didyk, Straub, Taylor, Van.

CITY OF AURORA OHIO BOARD OF ZONING APPEALS Meeting Minutes June 8, 2016

TITLE 18 - Signs and Related Regulations

CITY OF DELAND FLORIDA REQUEST FOR COMMISSION ACTION MAY Attachments for Acres X Ordinance. Approved by.

PLANNING COMMISSION MINUTES MEETING OF: TUESDAY, JANUARY 2, 2018

2013 ANNUAL AMENDMENT CITY COUNCIL S DECISIONS AND REVISIONS JUNE 25, 2013

ARTICLE 7 WIRELESS TELECOMMUNICATIONS TOWERS AND FACILITIES

Ordinance # SECTION 1: General Provisions. A. Administration

MEMORANDUM. FIRST READ: Amendments to Chapter 16 related to Streams and Stream Buffers (Rich Edinger)

CITY OF ESCONDIDO. Planning Commission and Staff Seating AGENDA PLANNING COMMISSION. 201 North Broadway City Hall Council Chambers. 7:00 p.m.

BOARD OF ZONING ADJUSTMENT APPLICATION

Chairperson Verdi-Hus; Vice-Chairperson Kamp; Members: Fahlen, Johnson, Needham and Pagnucco

MINUTES THE CITY OF THE VILLAGE OF DOUGLAS ZONING BOARD OF APPEALS DOUGLAS CITY HALL July 26, 2011

2013 ANNUAL REPORT TO THE CITY COUNCIL BY THE PLANNING COMMISSION

KENNETH RUEHL AND IDA RUEHL

Town of Copake Zoning Board of Appeals ~ Meeting Minutes of May 25, 2017 ~

Transcription:

MEMBERS PRESENT MEMBERS ABSENT Art DePasqua, Chairman Tracie Ruzicka Robert Marrapodi Paul Thomas Secretary Arlene Campbell Gerald Dolan Jack Auspitz ALSO PRESENT Eliot Werner, Liaison Officer Chairman DePasqua called the meeting to order at 7:32 pm. He explained the two-step process of the variance application to the applicant. VARIANCE APPLICATION: Crimson Hill Area Variance property own by BDK3 Enterprise LLC, Tax Grid No. 6469-00-451512. Applicant seeks an area variance to Sec. 250-70 (F) regarding the oversized advertising signs on Crimson Hill Road. Ryan Laluna from McGrath Realty Inc. appeared for this application. He explained that they need a variance in order to put up two signs on Bulls Head Road. They need large signs to market seven parcels (Crimson Hill Subdivision) on Crimson Hill Road. He commented that selling these parcels will also benefit the town through the tax dollars. Mr. Laluna stated that they needed a large sign in order for people to read the signs. This is a 55 per mile speed road. It was noted that this property received a violation letter regarding the oversized sign posted on Bulls Head Road. Chairman DePasqua asked for questions and comments from the board. Mr. Thomas stated that there are basically two signs on this property. If it is back to back, then it is one sign. The way the signs are laid out makes them double or two signs. This also looks like a permanent sign. The sign regulations are very confusing. Mr. Thomas opined that the variance required should be from one sign to two signs. There is also a provision about subdivision signs. Mr. Thomas feels that this is more of a subdivision 1

sign. It is more of a permanent sign. Subdivision sign limits 12 square feet. If the signs are back to back, then it is considered one sign. This is not the case here. Mr. Thomas stated that since this property sits on an AR5 Zoning District, one sign should not exceed 20 square feet per Sec. 250-70(f). Sec. 250-70 (F) of the Town of Clinton Zoning Law states that Signs permitted in AR5, AR3, C, CR1 and MR Districts, In addition to those signs permitted in all districts, the following standards apply: One sign per lot not to exceed 20 square feet may be erected to identify any use permitted under this chapter, excluding home occupations, which are regulated by Subsection H below. Mr. Thomas stated that he feels that this application requires area variances to (1) Sec. 250-70 (F) to increase the size of the sign from 20 to 24 square feet and (2) Sec. 250-70 (C-9) front yard setback. He then asked the applicant about the front yard setback. Mr. Laluna responded that the sign is 34 feet from the center line of the road. Sec. 250-70 (C-9) of the Town of Clinton Zoning Law states that, In matters of setback from the street or road, required yards and other such respects, freestanding larger than eight square feet shall be regarded as structures within the meaning of this chapter. Mr. Marrapodi noted that Signs are by definition not classified as Structures but the proposed size is specific to Sec. 250-70 (C-9). The board exchanged opinions about the above application. Ms. Ruzicka stated that doesn t have a problem with the proposal. It is a reasonable size to market the property. She presumes that the sign will come down once all the parcels are sold. Mr. Thomas commented that he doesn t have a problem if there are two signs as long as these are regular sizes. Mr. Marrapodi asked, How long will these signs sit there? Mr. Thomas read Sec. 250-70-K-1 (Removal of Signs) which states Any sign existing on or after the effective date of this chapter which advertises a business no longer conducted, product no longer available, or service no longer provided on the premises shall be removed from the premises by the owner of the sign and/or his agent within 90 days of the effective date of this chapter or within 30 days after receipt of written notice from the Zoning Administrator to remove such obsolete sig, whichever date is later. 2

Mr. Thomas stated that he can incorporate the verbiage of this section to the variance recommendation. Ms. Ruzicka expressed her wish to see a timeline to remove the sign in the recommendation. Mr. Marrapodi expressed no concerns about this application. Chairman DePasqua expressed his strong concern about this application. It is not about Crimson Hill nor the proposed sign. It is about setting precedent. If the board gives a positive recommendation to the ZBA and the ZBA grants the variance, then this will become a precedent. It means everybody can do it. There will be billboards and big signs everywhere. Every developer will be putting their big signs on their property. Mr, DePasqua said that the Town is specific on not having billboards and big signs, i.e., the limit is 20 square feet. He doesn t have a problem if this sign is back to back. Ms. Ruzicka expressed her understanding about the chairman s concern. She asked, How about putting a time limit on the sign? Mr. DePasqua stated that it should be 20 square feet and back to back. Mr. Thomas asked the applicant if he can do the signs back to back instead. The applicant responded, Yes, if this is what it takes to get the sign up. The board discussed the layout and stance of the sign. Chairman DePasqua noted that he will vote negative on the proposed size (24 square feet). After a very long discussion, the applicant agreed to reconfigure the size of the sign, it will be a back-to-back sign, thus constituting one sign to eliminate the variance relating to the number of signs. The board passed a resolution, to wit: Mr. Thomas motioned the following resolution, to wit: BE IT RESOLVED that the Town of Clinton Planning Board is making a neutral recommendation to the Zoning Board of Appeals with respect to the area variances requested by applicant Ryan LaLuna on behalf of BDK3 Enterprises LLC from Section 250-70 of the Town of Clinton Zoning Law with respect to a five (5) acre parcel located at 6 Crimson Hill Road, Tax Grid No. 132400-6469-00-451512, which is in the AR5 District in the Town of Clinton, for the purpose of obtaining a permit for two signs located on the parcel. WHEREAS: 1. The subject parcel is owned by BDK3 Enterprises LLC, which has authorized the applicant to act on its behalf with respect to the application. 3

2. Applicant seeks a sign permit with respect to two existing signs on the parcel advertising the availability of lots and homes in the Crimson Hill Development. The signs measure 72 by 48 for a total of 24 square feet each. The applicant has agreed to reconfigure the signs such that they are back to back, thus constituting one sign for purposes of Section 250-70 and eliminating the necessity for a variance relating to the number of signs. 3. Section 250-70(F) of the Town of Clinton Zoning Law imposes a maximum size of 20 square feet per sign. Accordingly, an area variance will be required allowing a 24 square foot sign where only 20 square feet is allowed under the Zoning Law. 4. In addition, Section 250-70(C)(9) states that any sign greater than eight square feet in size shall be considered a structure for purposes of determining setback and similar requirements. The required front setback distance in the AR5 District is 100 feet. The signs are located approximately 34 feet from the centerline of the road, thus requiring an additional setback variance from the required 100 feet to approximately 34 feet. 5. There are no known outstanding zoning violations on the property per the Zoning Enforcement Officer. 6. The property is not located within the Taconic Parkway Viewshed overlay or any other protected overlay area. 7. An area variance is a Type II action under SEQRA and requires no further action. 8. The requested area variances are substantial. 9. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. However, the ZBA should consider whether granting the requested variances will create an undesirable precedent with respect to future applications for similar relief. 10. The alleged difficulty is self-created. 11. The application fee has been paid. NOW THEREFORE, BE IT RESOLVED, the Town of Clinton Planning Board is making a neutral recommendation to the Zoning Board of Appeals with respect to the applicant s request for the referenced area variances. Seconded by Ms. Ruzicka, 4

Discussion. Mr. Thomas asked if the board wants to include precedence in the resolution. The board agreed to include the said verbiage. All Aye, Motion carried, 4-0. Forziatti Wetlands Permit (continuance) 465 Schultzville Road, Tax Grid No. 6567-00-134518 Applicant requests Water Law Permit due to disturbance within the buffer of Wappinger Creek and pond. Mr. Forziatti was back before the board. He wants to restore the existing pond by dredging 3500 cubic yards of materials. He recapped what had transpired at the previous meeting. He also accentuated the NYSDEC permit that was already issued. Section 250.78 of the Town of Clinton Zoning Law prohibits construction within 100 feet of a stream unless a Permit is issued by the Planning Board. Mr. Marrapodi read the comments from the Town Engineer dated September 24, 2018 (letter on file). Per the Town Engineer s opinion, the scope of work sequence is acceptable. Mr. Marrapodi stated that the resolution drafted by the Town Engineer includes the condition of the approval. The board declared lead agency. Mr. Marrapodi motioned that the Town of Clinton Planning Board declares its intention to be the lead agency for this unlisted and uncoordinated action in the matter of Forziatti Wetlands Permit on property located at 465 Schultzville Road, Tax Grid No. 6567-00- 134518, seconded by Ms. Ruzicka, all Aye, Motion carried, 4-0. After reviewing the Short Form EAF, the board passed another resolution, to wit: Mr. Marrapodi motioned the following: BE IT RESOLVED, the Town of Clinton Planning Board has determined that the Forziatti Wetlands Permit for the purpose of construction of restoring an existing pond by dredging approximately 1200SF and 3500 cubic yards of material in the Town of Clinton, Tax Grid #132400-6567-00-134518-0000 will not have a significant impact on the environment; and; BE IT FURTHER RESOLVED the Town of Clinton Planning Board hereby issues a Negative Declaration pursuant to the requirements of the State Environmental Quality Review Act 6 NYCRR 617.6 (g) and in accordance with Article 8 of the Environmental Conservation Law. 5

Seconded by Ms. Ruzicka, Discussion. None. All Aye, Motion carried 4-0. After all the deliberations were made, the board passed a resolution. Mr. Marrapodi motioned that the Town of Clinton Planning Board grants conditional approval of a Water Law Permit to Mark Forziatti for the purpose of construction of restoring an existing pond by dredging approximately 1200SF and 3500 cubic yards of material in the Town of Clinton, Tax Grid #132400-6567-00-134518-0000. WHEREAS: 1. The applicants have a valid NYSDEC Article 15 Stream Disturbance Permit for this work. 2. The applicants applied to obtain Water Law Permit to restore an existing pond by dredging 3500 cubic yards of material. 3. Section 250.78 of the Town of Clinton Zoning Law prohibits construction within 100 feet of a stream unless a Permit is issued by the Planning Board. 4. The Town of Clinton Planning Board declared itself Lead Agency on October 2, 2018 for this unlisted, uncoordinated action. A SEQRA review was conducted and resulted in a negative declaration being prepared and declared in accordance with the New York State Environmental Quality Review Act on 5. All appropriate fees have been paid. NOW, THEREFORE, BE IT RESOLVED, the Town of Clinton Planning Board grants conditional approval of the requested Permit when the following conditions are met: a) There should be a protection barrier of hay bales or silt fencing in area of existing pond and area to be filled with dredged material. b) Applicant or representative shall contact the town when work is restarted, and again when all disturbed areas are graded and reseeded /mulched. The Town may elect to perform inspections. Seconded by Tracie Ruzicka. Discussion. None. 6

All Aye, Motion carried, 4-0. BOARD DISCUSSION: Michael Whitton, Town Board councilman, appeared and discussed the hiring of a new Town Planner. APPROVAL OF MINUTES: No minutes were approved. ADJOURNMENT: Ms. Ruzicka motioned to adjourn the meeting at 8:37:pm, seconded by Mr. Thomas, All Aye, Motion carried, 4-0. Respectfully Submitted, Arlene A. Campbell, Clerk Planning & Zoning Board of Appeals 7