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Town of Phelps Planning Board

Meeting Minutes

December 28, 2017

  1. Call to Order

Chairperson Collette Barnard called to order the regular meeting of the Town of Phelps Planning Board at 7:00 p.m. at the Phelps Town Court and Meeting Room

Present were: Kenny Sontheim, Dan Hurdle, Steve McCarrick, members, Chairperson Collette Barnard and Code Enforcement Officer Andrew Campbell

Absent:Stephanie Kelly

Public Attending:Harlan Horst and Mike Greene of Greene Land Surveyors

  1. Pledge of Allegiance
  2. Introduction of Board Members
  1. Review of Minutes

Mr. Sontheim moved to accept the draft of the minutesof November 20, 2017 as written. Ms. McCarrick seconded. Mr. Hurdle abstained. All others in favor, motion carried.

  1. Action Items

SD 17-09: Mr. Mike Greene was present representing El-Vi Farms and their request for subdivision approval to subdivide land consisting of 11.135 acres off of the parent parcel, tax map no. 22.00-3-9.100 located on DeWindt Road consisting of 130.435 acres and merge with property owned by Paul & Paula Smith, tax map no. 22.00-3-33.120 located on Bell Road in an RAG district. Mr. Greene explained that the proposed plan to merge one piece off of the parent parcel with Mr. Smith’s parcel on Bell Road would provide road frontage and it would no longer be landlocked. The Chair opened the public hearing at 7:05 p.m. No public comment was received. The Chair closed the public hearing at 7:06 p.m.

Mr. Sontheim moved to approve SD 17-09 for El-Vi Farms for a subdivision of property located at 725 Bell Road in the Town of Phelps for the purpose to convey an area of 11.135 acres off of tax map 22.00-3-9.100 to be conveyed to Mr. and Mrs. Paul Smith and merged with their property tax map 22.00-3-33.120. The subdivision map dated December 5, 2017 shall be designated the final plan, the applicant has met the requirements of Chapter 123 of the town code and that this be designated a SEQR type 2 application with no further action required.

Ms. Barnard seconded. Motion carried.

SD 17-10: Mr. Mike Greene was present representing El-Vi Farms and their request for subdivision approval to subdivide land consisting of 0.973 acres including three barns and two sheds off the parent parcel, tax map 23.00-1-78.000 located on Pelis Road consisting of 86.2 acres and merge with property owned by Joshua and Abigail Peck, tax map 23.00-1-1.111 located at 545 Pelis Road in an RAG district. Mr. Greene explained that approval had been given to split the house parcel out and the buildings at the site do not serve the farm. The applicant desires to move the lines and keep one barn with the farm. The board reviewed the map.

The Chair opened the public hearing at 7:19 p.m. No public comment was received. The Chair closed the public hearing at 7:20 p.m.

Mr. Hurdle moved to approve application SD 17-10 for the project located at 545 Pelis Road to convey .915 acres to Joshua and Abigail Peck. This subdivision meets the qualifications required in chapter 123 of the town code, that it be designated a SEQR type 2 action with no further action needed and the map dated December 28, 2017 shall be designated as the final plan. Mr. McCarrick seconded. Motion carried.

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SD 17-11: Mr. Mike Greene was present representing El-Vi Farms and their request for subdivision approval to subdivide land consisting of 0.264 acres including a barn off the parent parcel, tax map no. 22.00-3-9.100 located on DeWindt Road consisting of 130.435 acres and merge with property owned by Richard and Ruth Meyer, tax map no. 22.00-3-8.100 located at 2259 DeWindt Road in an RAG district.

Mr. Greene explained that Mr. Meyer works for El-Vi farms and has been mowing and maintaining the area around the barn on the property owned by El-Vi Farms.

The Chair opened the public hearing at 7:25 p.m. No public comment was received. The Chair closed the public hearing at 7:26 p.m.

Mr. Sontheim moved to approve SD 17-11 for El-Vi Farms at 2259 DeWindt Road in the town of Phelps for the purpose to subdivide 0.264 acres from the parent parcel and convey to adjacent owners Richard and Ruth Meyer to be merged with their parcel tax map 22.00-3-8.100. The application the requirements of Chapter 123 of the town code, this is designated a SEQR type 2 application with no further review required and the map dated November 6, 2017 shall designated as the final plan. Mr. McCarrick seconded. Motion carried.

OPB 17-02: Mr. Harlan Horst was present requesting an On-Premise Business to operate an auto repair shop in an existing building and convert an existing garage to an office, parts room and waiting area located at 1787 County Road 6 in an RAG district.

CEO Campbell stated that the applicant did not submit a site plan as he desires to operate his businesses in an existing building. Mr. Campbell submitted an aerial photo of the property and verified which building would be used according the survey map Mr. Horst provided.

Mr. Horst stated that he would like to expand the driveway at some future date. He stated that he would have no employees and the proposed use of the vacant building would be considered Phase 1 with a small building beside it to be converted in the future as Phase 2.

The chair asked about the operation and where the cars would be stored. Mr. Horst replied he can back them up on the barn hill. Mr. Sontheim inquired as to how many vehicles would be repaired at one time. Mr. Horst replied that it would vary but probably 3 to 5 vehicles. He also expressed his desire to make a driveway that would circle around to the road. Mr. Campbell told him he would have to present that request to the county. Mr. Horst stated that he has an existing registered auto repair business on his brother’s property in Lyons which involves an inspection station and a dealer’s license and further stated that would like to sell cars out of this new proposed facility at his home. Mr. McCarrick stated that there would be a limit on the number of vehicles that can be parked at the site. Mr. Sontheim stated that this is not a commercial area, that it is zoned agricultural and commercial activity at this location would impact the neighborhood as it does not fit. Mr. Horst replied that he doesn’t have a big building so the business won’t be that big. Mr. Sontheim repeated that it is not a good fit for the area and that if Mr. Horst were to expand the business it would impact the neighborhood. Mr. McCarrick suggested that the board could limit the number of vehicles and if the business expands the applicant can come back before the board for another review.

The board reviewed the On Premise Business section of the code. As a result, Ms. Barnard stated that she would not approve the application as an On Premise Business. Mr. McCarrick and Mr. Hurdle both stated that limitations and restrictions could be put in place and then see how the business progresses. Mr. Horst stated that he does not have a lot of room so he won’t have many cars to sell and if the repair side of the business is successful he won’t need to do any car sales. He further stated that the total number of registered and non-registered cars would probably be around 15 and added that he would need the used car lot to be located out front by the road where the customers can see it. Mr. Campbell stated that the applicant has no

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neighbors within 500 feet of his property. Mr. Sontheim reiterated that this is a commercial enterprise and stated that there are plenty of commercial sites on Route 96 to sell cars out of, not in an R-AG district. Mr. Hurdle stated that he would be okay with a limit of 5 or 6 cars. Mr. McCarrick stated that he would be okay with a limit of 10 cars but would want to see a business plan put together. He also offered to go look at the property.

The chair suggested that Mr. Horst take some time to determine whether a 5 car limit is feasible for his business to be successful and whether it would be worth his while financially to move forward on this application.

The Chair opened the public hearing at 7:48 p.m. No public comment was received. The Chair closed the public hearing at 7:49 p.m. She also informed the applicant that this review is a two-step process and suggested that he return next month with a map designating the parking area and all other details of the plan, adding that said information must be submitted to the Code Enforcement office no later than January 5, 2018.

  1. Old Business

Site Plan Review Legislation–Mr. Sontheim reported that the proposed legislation is being reviewed by the town attorney.

Solar Code – Mr. Sontheim reported that he attended the December 2017 Town Board meeting and the public hearing for the review of the solar code will take place in January 2018. He added that he had informed the town board that if they want to see a solar installation at the Driscoll property on State Route 96, he would suggest that they change the zoning on the property. Councilman King questioned if that would be a case of spot zoning. Mr. Sontheim replied no, that it would simply be extending the existing zone.

  1. New Business

Election of Officers – the following nominations took place.

Mr. Hurdle moved to nominated Collette Barnard as Planning Board Chair and Kenny Sontheim as Planning Board Vice Chair for 2018. Mr. McCarrick seconded. All in favor, motion carried.

  1. Zoning Officer Briefs – none
  2. Board Concerns- none
  3. Public Comment -none
  1. Adjournment

Mr. Hurdle moved to adjourn the meeting at 8:25 p.m. Mr. McCarrick seconded. All in favor, motion carried.

Respectfully submitted,

Amy Sitterley

Recording Secretary