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November 24th, 2014 Village of Phelps Planning Board Meeting held at the Phelps Community Center; 8 Banta St., Village Meeting Room; Phelps, New York.

Present: Chairman: Randy Scott Board member: Shaun Keebler

Board Member: Mike Blair Board member: Bob Springer

Board Member: Vacant

Also present: Deputy Clerk/Treasurer Melissa Westfall, Code Enforcement Officer Jim Murphy, Applicant Norman Teed and Applicant Larry Tillack.

Public: Donald Romeiser, Dennis King, Patrick Nicoletta, Andrew Hintenach and Richard Wellman.

Chair Scott opened the meeting at 7:00 p.m.

Approval of October 27th, 2014 meeting minutes: Bob Springer motioned to approve the minutes as presented, Shaun Keebler second. Unanimously approved.

PB 01-14 – Town of Phelps – Highway Facility - Commercial Site Plan

Pat Nicoletta presents the updated plans per Glenn Thornton’s letter reviewing the Site plan and Stormwater Prevention Plan for the Town of Phelps Highway Facility; see attached letter dated November 20th, 2014 from Glenn Thornton as a part of the official minutes along with Patrick Nicoletta of MRB Group’s response letter dated November 24th, 2014. Patrick begins to go down through the letter from Glenn Thornton and shows us the updates on the site plan per the letter.

Chair Scott- Does the board have any questions? None.

Chair Scott opened the meeting for public comment at 7:20p.m.

Chair Scott- Any questions from the public? None.

Chair Scott closed the comments from the public at 7:20p.m.

Chair Scott- The only thing we have not received yet is the comments from the County. Once we get those we can go over them at the next planning board meeting.

Norm Teed- We would like to get this wrapped up for the spring.

Chair Scott- Yes I understand we were hoping to have everything back for this meeting but unfortunately that didn’t happen.

Motion by Bob Springer to table the application until next month’s meeting to go over the county planning boards comments; 2nd by Mike Blair and unanimously carried.

PB 02-14 – Larry’s Coffee Shop – Larry Tillack - Commercial Site Plan

Andrew Hintenach presented his application to the board. We removed the exterior door to the second story portion of the building, otherwise the exterior structure is exactly the same except for the second story.

Chair Scott- The site plan doesn’t have to go to DEC but this is a new application so it has to go back to the county planning board and DOT.

Andrew Hintenach- Wouldn’t this be an amended application?

Chair Scott- It’s a new application. Jim what is your thought?

Jim Murphy- The floor plan is really the only thing that has changed.

Chair Scott- The floor plan has changed because the storage has moved to the upstairs, a bathroom downstairs was removed and the office has moved upstairs.

Jim Murphy- In my opinion it’s the same building but adding a second story, it’s the same construction, parking ect.

Shaun Keebler- What comments would DOT or the County Planning Board have? The look has changed to a second story that’s all.

Chair Scott- I don’t really see where the height will bother DOT.

Andrew Hintenach- The second floor is really a support place for the building with no other uses. Also by moving one bathroom upstairs it saves room.

Jim Murphy- You will need two bathrooms downstairs to be ADA compliant.

Andrew Hintenach- We took the second exterior door off to make the exterior of the building exactly the same as the original building plans.

Shaun Keebler- There is plenty of parking for the additional seating.

Andrew Hintenach- I don’t know if this really has to go to the county.

Shaun Keebler- Did this go to the County the first time?

Chair Scott- Yes. The dimensions of the building are the same. Any comments from the board?

Mike Blair- I would error on caution on adding this second story.

Shaun Keebler- This property is all located in the Village right?

Chair Scott- Yes.

Shaun Keebler- What are your concerns?

Chair Scott- Being a new application it should be treated as one.

Andrew Hintenach- But it really isn’t.

Shaun Keebler-When are you looking to move forward?

Larry Tillack- When we get this approved.

Chair Scott- We haven’t made a decision yet ourselves.

Shaun Keebler- What does the code say about an application like this? I would be concerned if there was dramatic changes but I don’t see any.

Chair Scott- Say you had already started building the building then decided to put a second story up, I would want the plans to go to the county then but since you haven’t started the project yet I am unsure.

Shaun Keebler- The question is do we have to do the whole process again?

Chair Scott- I don’t foresee even if we did go to the county that they would have much to say about it.

Chair Scott opened the meeting to the public at 7:40p.m.

Richard Wellman-How many seats are in there now? 30?

Andrew Hintenach- Not quite, now that we will have to have two bathrooms downstairs. So that will be a little less then 30.

Richard Wellman- So you would have to add more parking?

Andrew Hintenach- No the added seating won’t affect the parking.

Richard Wellman- What about the DEC violation? What are you going to do about that?

Larry Tillack- That has been taken care of.

Chair Scott- That was all taken care of the when they originally came to us, we were given a plan and a letter from DEC.

Richard Wellman- That’s a big building for such a tiny space.

Chair Scott- As long as everything is per code.

Shaun Keebler- I think it’s a good idea to have the second story because it makes more room downstairs.

Richard Wellman- When that train goes through all traffic comes to a stop and gets all clogged up.

Chair Scott- We haven’t had any problems since the family dollar moved in.

Bob Springer- Luckily we don’t get too many trains through Phelps only really a couple a week.

Chair Scott asks if there are any more questions from the public? None.

Chair Scott closes the meeting to the public at 7:45p.m.

Chair Scott- What’s your thoughts?

Shaun Keebler- I don’t have any problems with it personally.

Bob Springer- I don’t have any problem.

Mike Blair- I think this should go to the county and have their opinion on the change.

Chair Scott- I see it both ways. If they had already started the project, then wanted to add the second story, then came to us I would want to see the full plan but since that’s not the case and the only thing that is changing is the height I think it looks good. Any other comments?

Larry Tillack- When we had changes on the Family Dollar we brought them back to you and that didn’t go to the county.

Andrew Hintenach- What does the Village code say about a revised/amended application?

Chair Scott- The site plan its self is not changing except for the second story, everything else will be the same.

Shaun Keebler- So there will be 3 total bathrooms?

Andrew Hintenach- No we will only have 2 and we will just put them both downstairs.

Jim Murphy- On your plans it shows two signs on two different sides of the building one facing Route 96 and one facing Route 88, which is allowed but one sign has to be 8 square feet and the other sign can be 100 square feet.

Shaun Keebler- I would like to see that the signage be changed on the plans accordingly.

Chair Scott- As of right now it looks like both signs each are about 30 square feet. So that will have to be changed to comply with code but that won’t be until you apply for a sign.

Andrew Hintenach- That’s fine but we aren’t applying for any signage yet because we don’t know what it will say.

Larry Tillack- I thought you could just split the 100 square foot between both the signs.

Jim Murphy- No, 8 square foot on one side and 100 square foot on the other.

Chair Scott asks if the board has any further questions? None.

Motion by Shaun Keebler to accept this application as is with the addition of the second floor without forwarding it to the county; 2nd by Bob Springer; opposed by Mike Blair.

Next meeting: Regular Monthly Meeting – Monday, December 22nd, 2014 at 7:00 p.m.

Bob Springer motioned for adjournment of the meeting; Mike Blair 2nd; meeting adjourned at 8:00p.m.

Respectfully submitted,

Melissa J. Westfall

Village Deputy Clerk/Treasurer

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