TOWN OF EAST BLOOMFIELD

Planning Board Minutes

March 6, 2008

Planning Board Members Present: Terry Wilkins,Gene Rogers,Brud Hedges and Tom Conklin.

Planning Board Members Absent: Ron LeskoandMichele Fagan.

Others Present: MaryUnderhill (Secretary), Brad Smith (Owner), Gail Bell and Rich Albaugh (Owners).

Others Absent: Mike Woodruff (CEO).

Wilkins opened the Planning Board meeting at 7:30 P.M.

Wilkins opened the meeting and the public hearing notice was read by the secretary.

  1. Brad Smith (Wood-Tech LLC), owner. Preliminary/Final Review for Minor subdivision of one lot.

Preliminary/Final Review for Minor subdivision of one lot. Lands owned by Brad Smith of tax map # 52.-3-10.100. Lands located at 1939-2 Bennett Rd.

Wilkins verified that Smith presented his neighbor notification for Roberto Vincente for the Amendment to Use Variance, TV2-08. The ZBA had granted him an extension for submission until this review date.

Wilkins made a motion and Hedges seconded the motion to close the public hearing due to no public in attendance for this review. All Board members present voted aye. Vote was carried unanimously.

Wilkins opened discussion on the Subdivision, referring to the map provided. He noted that the farm note, topo and correct scale were present.

Conklin asked about the change in the map related to the acreage; 9 ½ acres reduced to nine acres. Underhill noted that new maps reflected that change. Conklin confirmed with Smith that was what he wanted and Smith said yes. Conklin asked if the ZBA had seen this corrected map and Underhill verified they did.

Conklin said that perc data was not required as this subdivision was greater than five acres and was not for development, just transfer of ownership.

Wilkins noted the change or reduction in the Use Variance was granted by the ZBA.

Rogers made a motion and Conklin seconded the motion to approve the Preliminary/Final Review for the re-subdivision of Lot 13 as per the map. Minor subdivision of one lot. Lands owned by Brad Smith of tax map # 52.-3-10.100. Lands located at 1939-2 Bennett Rd.

All Board members present voted aye. Vote was carried unanimously.

Wilkins opened discussion on SEQR.

Wilkins made a motion and Hedges seconded the motion to declare this a Type II action, no further action required.

All Board members present voted aye. Vote was carried unanimously.

  1. Gail Bell, owner of Outdoor Store. Site Plan Review for 16x32’ addition to existing business.

Site Plan Review for 16’ x32’ addition to existing business. Lands owned by Gail Bell of tax map #81.00-1-35.000. Lands located at 6550 Rt. 5 & 20.

Wilkins opened discussion on the site plan and asked Bell & Albaugh if they were adding on for an additional business and Albaugh said it was for their store expansion. Wilkins referred the Board to the prints provided.

Albaugh said they were duplicating what they did last year, but this addition will be on the other side. He said they matched the old building with the addition too good last time and the customers did not know there had been any changes. This time, they wanted to make some changes to the look so people would know they have expanded, such as lowering the roof. Bell added this addition will allow her to have more room and to expand her stock.

Conklin said as with the previous addition, there are no parking or setback issues. Wilkins said they added on parking along the fence last time.

Hedges asked if the food vendor was still on site. Bell and Albaugh said the vendor had moved on. Conklin asked about the vendor’s permit. Underhill said the vendor had submitted a peddler’s permit valid for one year and it was approved by the Code Enforcement Officer, as per Town law.

Conklin asked Bell about the front line of the addition. Bell said the addition will be equal to the front line of the current building. Conklin said they would not have concerns with the setbacks if the addition is flush.

Wilkins asked about lighting. Albaugh said he would just add two flood lights underneath the porch. Wilkins asked if they would be downward facing and Albaugh said yes.

Conklin verified that there would not be any additional use or tenants and Albaugh said no, it is just for the current business. Conklin asked if there were any changes since tenant Bill Lipnickey is moving from Bell’s property. Bell said Lipnickey is using the building for storage now and he might be able to find two additional people to tend the store. Conklin asked if Lipnickey did anything with his signage and Bell said no.

Conklin referred to the motion from the last site plan. He said the following conditions apply to this addition: lighting will be downward facing; there will be no additional bathrooms or septics.

Conklin asked if the front door of the Outdoor Store was handicapped accessible and Albaugh said yes, but it was not required. They have a ramp. Conklin said if it was not already accessible, now would have been a good time to address that.

Wilkins opened discussion on SEQR and the Board decided that this would be a Type II action.

Wilkins made a motion and Hedges seconded the motion to declare this a Type II action, no further action required.

All Board members present voted aye. Vote was carried unanimously.

Conklin made a motion and Wilkins seconded the motion to accept the map/information presented for the Gail Bell Site Plan subject to the stipulations asstated in the previous approval for multiple uses (SPL2-07 Site Plan Review)with the following exceptions:

Whereas, one additional down light will be added to the current expansion under review.

Whereas, the 16’ x 32’ addition will be on the west side of the store.

Lands owned by Gail Bell of tax map #81.00-1-35.000. Lands located at 6550 Rt. 5 & 20.

All Board members present voted aye. Vote was carried unanimously.

III. Other Business

Signage at the Outdoor Store:

Bell and Albaugh were approved for additional signage at their site plan on October 4, 2007. They were approaching the Board to revisit the signage restrictions.

Albaugh said they wanted to give business owner Rick Bewersdorf the opportunity to add his banner on the Outdoor Store sign since the other business owner Bill Lipnickey did not put his up.

Wilkins asked if that meant the one on the building would be taken down. Bell said no, they would keep that one on. Conklin asked what was on the building now and Albaugh said a banner.

Rogers clarified that Lipnickey never put his sign up front and Bell said that was correct. She added they still have people looking for both businesses, the taxidermy and the antique shop, despite their signs.

Conklin said code would allow a second sign as a directory sign, if it met that criteria the Board might be able to allow the additional sign.

Albaugh said he thought code would allow a sign on the outside of the building if it was on a window, he would do whatever makes it easier to get it approved. He would consider putting in a window to place the taxidermist’s sign, in order to meet code.

Conklin referred to Town code on commercial signage where more than one principal use exists - Article XIII, Section 135-104, Subsection B, Para. 2, letters a-g. Conklin noted that each business can have one building mounted identification sign but the ground sign cannot identify the individual businesses; and each building can have a directory sign but it cannot exceed six square feet.

Conklin then referred to Town code on commercial signage for one principal use - Article XIII, Section 135-104, Subsection B, Para. 1, letters a-c. Conklin noted that one principal building/use can have a building mounted ID sign of up to 48 square feet or a 64 square foot ground sign.

The Board discussed the signage present at the site for the Outdoor Store and the taxidermist and determined that the dimensions of the banner on the taxidermist’s building were within code.

Wilkins pointed out that the owners have excessive signage already that does not meet code, specifically the temporary sandwich board signs.

Conklin asked if they would be willing to trade the wingding sign for Lipnickey for one for Bewersdorf. Bell said the wingding sign will help to keep the other sandwich board signs out. Rogers emphasized that it would be trading signs, so one wing sign for the taxidermist and that is it.

Conklin mentioned a directory sign, and discussion followed on this section of code and its applicability.

The Board discussed trading the signs between Lipnickey and Bewersdorf and then returning to the Planning Board if Bell wants to have an additional sign for the back building. Albaugh said he was willing to swap out the signs now, and if Lipnickey wants to stay on or a new business comes in, then they would return.

The Board discussed making an amendment to the site plan approval of 10/4/07.

Conklin made a motion and Hedges seconded the motion to amend the motion of 10/4/07 for the Gail Bell Site Plan Review (SPL2-07) for two additional businesses. Lands of tax map #81.-1-35. Lands located at 6550 Rt. 5 & 20. Area Variance was granted on 9/26/07.

Whereas, the addition of a 2’x 3’ (6 sf. max.) wing sign added to the Outdoor Store sign to be used for the taxidermist, in lieu of the antique shop.

Whereas, all building mounted signage needs to meet code/signage requirements.

Whereas, the additional wing sign added to The Outdoor Store sign will replace all portable signs, which will be a better application

All Board members present voted aye. Vote was carried unanimously.

IV.Planning Board Opening

The Board had discussion regarding the candidates for the vacancy on the Planning Board. The Board gave careful consideration to all candidates including theendorsements provided by the Farm Bureau, the Ontario County Fair Board, and The Cornell Cooperative Extension of Ontario County for candidate Pellett, and a letter of recommendation from a community member for candidate Eveland.

Hedges made a motion and Rogers seconded the motion to recommend to the Town Board

to offer the position on the Planning Board to Julie Pellett. Pellett would assume the vacancy of Kip Jugle for a term of seven years. All Board members present voted aye. Vote passed unanimously.

The Board briefly discussed having an alternate Board member, due to the anticipated absence of Ron Lesko. The Board decided that the absence is short term, it would be difficult to get someone up to speed before Lesko returned, and with seven members they feel that they will be able to assemble a quorum.

V.Minutes of February 21, 2008

Wilkins made a motion and Conklin seconded the motion to accept the Minutes of February 21, 2008 as written. All Board members present voted aye. Vote carried unanimously.

VI.Meeting Adjourned

Wilkins motioned and Rogers seconded the motion to close the meeting. All Board members present voted aye. Vote carried unanimously.

Respectfully submitted,

MaryUnderhill

Planning & Zoning Board Secretary

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Planning Board Minutes 3/6/08