Approved Copy – Planning Board Meeting, 6/28/12.
Meeting was called to order at 7:04 by Tom B who filled in as temporary Chairperson. All present except Bill Squires and Linda M (who attended later).
The minutes to the previous meeting were accepted – motion made by Todd H, seconded by Phil K.
We addressed a revision of the March 22 minutes concerning suggestions made by Jeff Hogue (ZBA chair) about our definition of “structures.” It was agreed that I (Barry S) would contact Jeff and make sure that the minutes correctly reflect his statements.
The purpose of our meeting was to address items compiled previously in a five point agenda. These included checking on regulations and procedures regarding the issuing of special use permits; review of the code concerning dog kennels, breeding, etc.; developing zoning code regulations concerning Planned Unit Development; reviewing the issue of nonpublic schools; and the allowance or regulation of hydraulic fracturing.
We discussed the hydrofracking issue and determined that we need to develop our code beyond that which already exists under gas wells. However, this is going to take some time and we would like to see how other towns are handling the situation. We do not want to be reactive but proactive, so we will deal with this issue in the near future.
An area that we do need to deal with immediately is P.U. D.’s. We do not believe our wording in the current code covers this sufficiently. It was recommended that we call for a moratorium on the issue. The following motion was made by Tom B – “The PB recommends that the TB initiate a six month moratorium for the purpose of developing appropriate zoning code for Public Unit Development.” The motion was seconded by Linda M and supported by all. It was further determined that each member be assigned a geographical area in the state to find definitions and zoning regulations concerning P.U. D.’s covered in other towns. We will begin work on this at the next meeting.
We briefly discussed current code on dog breeding, boarding, etc. facilities. We believe the code is sufficient; however, members will review it for the next meeting and address changes if deemed necessary.
We are also still concerned about procedures involving special use permits, setbacks, and area variances. We believe the code may not quite be sufficient and are concerned that our procedure stands by current state and local code. We feel that we handled the Verizon Cell Tower permit properly, but we want to make any future issues of this nature to run more smoothly. Therefore, we are going to investigate section 404.2 and 3 in our code and check state and town laws concerning regulations and responsibilities of all those involved in granting permits and dealing with variance issues.
We did not discuss the nonpublic school issue in depth. We realize this is an area we need to research and discuss further. It is still an item on our agenda.
Jenny McWhorter, a peace officer with the Seneca County S.P.C.A, was present at our meeting. She informed us of her desire to purchase land from Carl Stuck near the corner of Yale Station Rd and Rt. 96a for a facility to house and care for rescued animals (usually dogs or cats). We informed her that the current property would not meet setbacks if a new building were constructed. She should contact appropriate authorities to determine the exact measurements of the parcel. If she wants to proceed with the purchase she needs to apply for a special use permit. That procedure will include a review by the ZBA concerning the setbacks. She seemed to be pleased by our suggestions and will proceed with the advice given.
Todd Horton suggested that we contact the TB about two issues. First, was a special use permit granted to Verizon for constructing their cell tower; second, was the town resolution made in February concerning this issue ever rescinded. We were able to address the TB immediately. A permit was granted and presented to Verizon on June 8. The resolution has yet to be rescinded but will be in the near future.
We set up the following agenda to begin at our next meeting; 1) Deal with any strengthening of the code concerning dog kennels, etc. 2) Begin work on the P.U. D. aspect of the code, 3)If time allows, review regulations and procedures for special use permits, 4)Develop zoning policy concerning nonpublic schools, 5) Develop zoning requirements for hydrofracking.
Our next meeting will be on July 26, 2012.
A motion was made to adjourn by Linda M, seconded by Tom B. Meeting closed at 9:23 pm.
Barry Somerville, secretary