845-583-4350 Ext 15845-583-4710 (F)
Town of Bethel
Planning Board
PO Box 300, 3454 Route 55
White Lake, NY 12786
The Town of Bethel Planning Board held a Work Session on September 17, 2013 at 7 PM at the Dr. Duggan Community Center, 3460 State Route 55, White Lake. A regular meeting of the Planning Boardfollowed on the same date at 7:30 PM. On the agenda at this timewas the following:
In attendance: Daniel Gettel, Chairman, Steve Simpson, Vice Chairman, Susan Brown Otto, Michael Cassaro, David Biren, David Slater, Walter Norris, Alternate, Daniel Sturm, Supervisor, Victoria Vassmer-Simpson, Councilwoman, Lillian Hendrickson, Councilwoman, Jacqueline Ricianni, Attorney, BJ Gettel, Code Enforcement Officer, and Jannetta MacArthur, Recording Secretary
Absent Wilfred Hughson
Walter Norris seated as alternate.
Lottie Oestrich – Student Monticello CSD
Pledge to the flag
Motion to approve minutes from the August 13, 2013 meeting by Steve Simpson, second by David Slater
All in favor-7Opposed-0Agreed and carried
1)Public Hearing for a Special Use Permit and Site Plan Approval for Boat Storage and Repair Shop to be located at 1063 State Route 17B, Mongaup Valley, known as Bethel Tax Map #: 38-2-89, proposed by John Payne.
Applicant indicated proof of mailing receipts will be submitted to BJ tomorrow, September 18, 2013.
Motion to go into public hearing by Susan Brown Otto, second by Steve Simpson
All in favor – 7Opposed-0Agreed and carried
John Payne: On 1063 State Route 17B, we have a 68 acre parcel with two buildings, two garages located somewhat close to the road. Directly behind the garages, there is an existing parking area, and an existing roadway that leads to the parking area. Then further down from the buildings there is a second driveway into the parcel, which leads to the proposed storage area. If you go in the main entrance, in front of the first building, there is another driveway, a roadway if you will. We have just graveled that half way up with #4 stone, about 500 feet of it, up the main road. That also leads to the proposed storage area. Everything is preexisting. We have a driveway coming in which had been previously graveled, we graveled over it. The parking area behind the building has also been graveled so that it is ready to go. Any questions?
Daniel Gettel: If anyone has a question, please raise your hand.
Roseanne Oestrich: I am just curious, the storage area, how visible is that from the road?
Daniel Gettel: You will not see the boats from the road and there will be a condition in the approval that will insure that you will not see the boats from the road.
Daniel Gettel: Are there any other questions?
None.
Motion to close this public hearing and go back to our regular meeting by Michael Cassaro, second by David Biren
All in favor - 7Opposed-0Agreed and carried
Daniel Gettel: For the record, the County 239 came back local determination. I believe their only comment was that it is nice to see a business occupy an existing building that has been vacant for so many years. The state was given more than 30 days to respond, we have not heard back from them, so that is pretty much a wash.
Motion to receive and file the County 239 reviewby Steve Simpson, second by Susan Brown Otto
All in favor-7Opposed -0Agreed and carried
Daniel Gettel: This is an existing site as John said. All of the buildings exist. All of the driveways exist. All of the roadways existed before he bought the property. I do think we should run through the EAF at this time. It is a short form, an unlisted action. The short form has been on file with the Town for over 30 days, so I will not run through Part I. Part Idescribes what the project is, and John pretty much just touched on that. I will only read through Part II, which is our part.
PART II
A. Does action exceed any Type I threshold in 6 NYCRR, PART 617.4? No.
B. Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6? No.
C. Could action result in any adverse effects associated with the following:
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? None, no disturbance.
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? None, existing.
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? No.
C4. A community’s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? No significant change.
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? No construction, no future development.
C6. Long term, short term, cumulative, or other effects not identified in C1-C5? None.
C7. Other impacts? There are none.
D. Will the project have an impact on the environmental characteristics that caused the establishment of a critical environmental area? No.
E. Is there, or is there likely to be, controversy related to potential adverse environmental impacts? No.
Daniel Gettel: We have checked no on all of them. Any comments from the board?
None.
Motion to grant this application a negative declaration by Steve Simpson, second by Mike Cassaro
All in favor – 7Opposed-0Agreed and carried
Daniel Gettel: Jacy, for the record, we did discuss the gateway requirements at the last meeting. Those requirements are really for new construction, not for existing buildings. The Gateway design standard pretty much talks about the location of new buildings, but this is an existing site. We also discussed the landscaping at the last meeting. I don’t know how the board feels about that. The site is very limited as far as where you can put landscaping.
Susan Brown Otto: I would prefer landscaping to try to beautify things even though there may be some natural landscaping there. Iwould like to see some effort to have some pots,plants, to make it look a little special.
Daniel Gettel: John, at the last meeting we talked about maybe a planting on the side of the building by your main entrance. Not in a place that would block the site distance, but maybe in that general area. Is that something you would be opposed to?
John Payne: I can do that.
Daniel Gettel: Can we leave it up to BJ’s discretion? It would be in the spring obviously.
Susan Brown Otto: What about the sign?
Daniel Gettel: The sign we do have a proposal for. BJ, if you would please pass it around. Mike (Cassaro), I would like your comments on the sign, as I know that you looked at it.
Mike Cassaro: When I visited the site, we measured out the wall. We measured it on the picture as well as in person, and thenwe superimposed John’s logo as to what it would look like. It is really right on the money proportion wise. This is an8 foot x 12 foot. There will be 2 - 8 x12’s, one on either side of the building. It can be done either of two ways. It is up to John which way he would like to do it. It can be done with 3- 4foot panels that are butted together of aluminum or it could be stretched over a frame. It would serve him well to have one on each side of the building.
Daniel Gettel: In your opinion the 8 foot x 12 foot size would be a good size?
Mike Cassaro: It would be a good size because aestheticallywhen you look at this, if you go any smaller than that it is going to get lost and then it would be a waste.
Daniel Gettel: John, are you okay with that size?
John Payne: I am.
Daniel Gettel: As far as the construction, will it hold up during the winter? I know John is not going to be here during the winter.
Mike Cassaro: Yes, as long as he uses the proper framing for it, which we discussed. He was in agreement. His building is located on the state (right of way) line.
Susan Brown Otto: Just for the record, you may or not be aware of the opportunities to beautify your property with regard to Renaissance, the Renaissance project. The BLDCand their signage project.People apply for that. It is for signage.
Daniel Gettel: That was a one time program, I think it ran out. I don’t know if it will come back or not.
Dan Sturm: There is an attempt to redo it for next year if everything works out well. It was for landscaping and signs.
Daniel Gettel: I believe it was matching funds, something you may want to look into.
John Payne: I just missed that, I didn’t apply in time.
Daniel Gettel: For Commercial and Special Uses I must read through certain sections of the Zoning Code. Section 345-21 of the Town of Bethel Town Code addresses General Commercial and Industrial Standards in connection with Special Use Permits. The paragraphs that pertain to this type of project read as follows:
Where a commercial or manufacturing use is contiguous to an existing residential use in any district (including those situated on the opposite side of a highway) or any approved residential lot in an RS District, the Planning Board may require that the minimum front, side and rear yards be increased by up to 50%. The board may also require, for purposes of separating incompatible activities or shielding the residence from negative impacts, that a buffer consisting of a solid fence of wood and/or a twenty-foot wide dense evergreen planting not less than six feet high be maintained, unless the properties are in the same ownership or the full width of the yard is already wooded. See also §345-16.
All buildings, parking areas and driveways presently exist on this parcel. The open field along the rear of the existing compound shall be grubbed and mowed. These improvements are presently shielded from view from the one adjoining residential use by an existing mature buffer zone that is to be maintained.
F(1) All lighting shall be designed so as to avoid unnecessary or unsafe spillover of light and glare onto operators of motor vehicles, pedestrians and land uses in proximity to the light source.
The applicant has indicated that all lighting shall be residential in nature and no lighting shall be permitted to spill over onto adjoining highways or residential uses.
F(2) No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding or other sources, so as to be visible at the property line on a regular or continuing basis, shall be permitted.
There shall be no direct or reflected glare from floodlights. If any welding occurs on the property it shall be sporadic in nature and shall not occur on a continuing basis.
J. Whenever a vehicle and equipment sales and repair, mechanical or body repair use is proposed as a special use, or as an expansion of an existing nonconforming use, the following additional performance standards shall apply.
- All mechanical and body repair work, except for incidental repairs, shall be performed within buildings.
- All automobile or vehicle parts, new or used, shall be stored within buildings.
- Vehicles [boats] which are temporarily on the property waiting to be repaired shall be stored in an area which meets the minimum yard and buffer requirements applicable for the district and the use.
These standards apply.
Section 345-30 paragraphs (I) and (J) pertain to the Special Use Permit for the project. These paragraphs read as follows:
I (1) Building design, lighting, location and signs insofar as suitability for the use intended and impact on and compatibility with the natural and man-made surroundings.
The buildings on the property exist and no new construction has been proposed. Site lighting shall be minimal and can be considered residential in nature. Site restrictions limit the placement of free standing signs, and the applicant has demonstrated that building mounted signage will be used in this instance.
I (2) Storm drainage, flooding and erosion and sedimentation control.
The improvements along the front of this parcel exist and no site disturbances have been proposed that would drastically alter drainage flows or increase the risk for flooding, erosion or sedimentation in that area. The rear field also exists and the disturbance in that area shall be limited to grubbing and mowing of the underbrush and minor removal of second growth trees.
I (3) Adequacy of community services and utilities, including police protection, emergency services and the educational system.
This proposal is for the relocation of a business from one part of town to another. There shall be no additional impacts on community services associated with this relocation.
I (4) Environmental impacts in any form.
This application has been subjected to a Short Environmental Assessment and a Negative Declaration has been issued.
I (5) Impacts on housing availability.
The project will have no impact on the availability of housing.
I (6) The potential for nuisance impacts such as noise, odors, vibrations or glare.
It is not anticipated that there will be nuisance impacts from the project. This is a commercial area, and any noises associated with the operation of this facility are anticipated to happen primarily during normal business hours. There will be no impacts such as odors or vibration. Site lighting, again, shall be residential in nature with no glare being permitted on adjoining uses.
I (7) The adequacy of the trees, shrubs and other landscaping to buffer or soften a use in terms of visual or other impacts on adjoining property owners, Town residents and those visitors on whom the local economy often depends.
The vast majority of this site is wooded and all existing buffer zones shall be maintained.
I (8) Impacts on nearby property values.
It is not anticipated that this project will have a negative impact on nearby property values as the buildings have existed for years in a state of neglect, and are now proposed to be better maintained.
I (9) Traffic impacts (see §345-22H).
This is the relocation of a business from one area in town to another, on the same street. The relocation of the business to this site will not have an impact on the amount of traffic on the adjoining street.
I (10) Any other factors which reasonably relate to the health, safety and general welfare of present or future residents of the Town of Bethel.
This business fills a need and benefits the residents of the Town of Bethel.
J (1) Whether the proposed use will result in an overconcentration of such uses in a particular area of the Town or is needed to address a deficiency of such uses.
There is a need for this type of business in the Town of Bethel. This approval will not result in an overconcentration of such uses, but involves the relocation of an existing use.
J (2) Whether the proposed use will have a detrimental or positive impact on adjacent properties or the health, safety and welfare of the residents of the Town of Bethel.
It is anticipated that the use will have a positive impact on adjacent properties as the existing buildings have sat vacant and unmaintained in excess of thirty years.
J (3) If the proposed use is one judged to present detrimental impacts, whether an approval could be conditioned in such a manner as to eliminate or substantially reduce those impacts.
The proposed use is permitted in the zoning district and there are no anticipated detrimental impacts.
J (4) Whether the use will have a positive or negative effect on the environment, job creation, the economy, housing availability or open space preservation.
The project has been subjected to an environmental assessment, and was granted a negative declaration. It is anticipated that the use will have a positive effect on the economy by maintaining jobs. The project will not have an impact on housing. This is an existing facility which has stood vacant for a number of years so the use of an existing structure over the construction of a completely new facility would help to maintain open space.
J (5) Whether the granting of an approval will cause an economic burden on community facilities or services, including but not limited to highways, sewage treatment facilities, water supplies and fire-fighting capabilities.
It is not anticipated that the project will result in an economic burden being placed on the community or its resources as this is the relocation of an existing building from one area of town to another.
J (6) Whether the site plan indicates the property will be developed and improved in a way which is consistent with that character which this chapter and the Comprehensive Plan are intended to produce or protect, including appropriate landscaping and attention to aesthetics and natural feature preservation.
The Comprehensive Plan contemplates that this zone will be developed with commercial uses and this use is permitted as a special use. This project will utilize the existing buildings which most likely stood on this parcel at the time the Comprehensive Plan was originally being developed. Aesthetically the site will not be substantially altered, but this board has determined that the site does not lend itself to elaborate plantings or landscaping. The applicant has indicated that he will provide a number of planters at the entrance to the building.
This is the end of the Special Use section of the Code. At our last meeting we did discuss the fact that special use would be approved with conditions. John, at the last meeting we did discuss what some of the conditions would be. I don’t know if you have an objection to them. If you have an issue, let me know. If a Special Use permit is granted the conditions will be:
- Site lighting shall be limited to residential style building mounted lighting for security and safety purposes only. No lights shall be installed that would allow for any glare onto adjoining properties or the adjoining roadway. There shall be no lighting of the fields on top of the hill.
- No boats, trailers, jet skis, or the like shall be parked long term within one hundred feet (100’) of the centerline of NYS Route 17B. Long term shall be considered to be three days or longer.
- The parking area immediately behind the building shall be limited to the maximum capacity of twenty (20) vehicles as indicated on the site plan. One vehicle shall be one car, one boat on a trailer, one empty trailer, one Jet Ski, etc.
- Per Section 345-21 (J) all service and body repair work, except for incidental repairs, shall be performed within a building. All parts, new, used, or incidental to the proposed use, including shrink wrap, shall be stored within a building. Vehicles, including boats and the like, which are on the property waiting to be repaired shall be stored in the parking area immediately behind the buildings as designated on the Site Plan.
- The preparation for, or removal from storage, of boats is intended to either take place inside one of the existing buildings or on top of the hill in the vicinity of the open field, not in the parking lot immediately adjoining the roadway.
- The number (2) and sizes (8 foot x 12 foot) of signs shall be limited to those indicated as part of this submission and as approved as part of this application. Signs printed on shrink-wrapped boats, or the like, shall not be permitted.
- This application is for a Service Use permit to allow for the repair, service, and storage of boats, not for boat sales. In the event that the applicant decides to add boat sales to this site as a primary, secondary or incidental use it is understood that this Special Use permit would have to be amended or a separate Special Use permit is obtained. This is not to say that the applicant cannot sell an occasional boat on this property, but the parking and signage restrictions would still have to be met.
- The existing natural buffer zones between the proposed use and all adjoining properties shall be maintained. In the event that the natural buffer zone between the boat storage area and NYS Route 17B is found to be inadequate in shielding the stored boats, trailers, jet skis, etc. from view of Route 17B by the Town of Bethel Code Enforcement Officer the applicant shall be responsible for rectifying the situation, to the satisfaction of the Code Enforcement Officer, within thirty days of being notified of the situation.
- That all fees be paid to the Town of Bethel.
- That the Special Use Permit shall not be considered valid until such time as both parties, the Town of Bethel Planning Board and the Applicant, sign off on the Special Use Permit Resolution, to be filed with the Town of Bethel.
Are there any comments from the board?