Village of Hamilton

Planning Board

7:00pm

Regular Meeting of February 25, 2016

APPROVED MINUTES

Present: Chairman Morgan Larson; Members: Jerry Fuller, Kristian Newman and Ben Eberhardt; CEO Don Forth

Absent: Member Julie Dudrick; Attorney Jim Stokes; Trustee Jen Servedio

Public Present: Chuck Fox, 7 Maple Ave; Scott Williams, N13; Robert & Laurie Bishton, 4 Eaton Street

Chairman Larson called the meeting to order at 7:03pm

Approval of Agenda: Changes: Member Fuller asked to have Palace Theater added under New Business. A motion was made by Member Fuller to approve the agenda as amended. The motion was seconded by Member Newman and unanimously carried.

Approval of the Regular Meeting of January 21, 2016, Minutes: Changes:

1.  Good Nature Brewing-2ND sentence change “changes” to “changed”; 3rd sentence-after “culvert” add “closest to RT 12B”; 6th sentence-add “pedestrian” in front of “path”; 7th sentence-change to crosswalk with striping”; 5th sentence change to- “The stormwater detention area has been upsized to accommodate runoff from all impervious surfaces”

A motion was made by Member Newman to approve the minutes from the January 21, 2016, meeting as amended. The motion was seconded by Member Eberhardt and unanimously carried.

Unfinished Business

None

New Business

N-13, 3 Lebanon Street, Outdoor (sidewalk seating): plans presented this evening by Bruce Ward, Architect A.I.A, dated Feb. 9, 2016, labeled alley seating & plans dated November 21, 2014, labeled Alley Elevation. Village Code 140-7 E & C were discussed. Chairman Larson stated this is a modification to the original site plan. The sidewalk/table size in front of the restaurant was questioned. The Board determined that a table may not be located near the kiosk. Alley way distances are fine. The original site plan with all changes needs to be completed. A motion was made by Member Newman to approve the amended site plan for Noodles13346 LLC, at 3 Lebanon Street, drawing dated 8/6/14, revised 9/19/14, revised 11/21/14 for the first floor plan, and lower floor plan dated 1/22/15, contingent on appropriate plan submitted and approved by Code Enforcement Officer Forth or Planning Board Chair Larson, with the removal of the 36” round table, updated measurements, distance in front of store, and clarification of the 3 or 4 foot minimum sidewalk clearance. The motion was seconded by Member Fuller and unanimously carried.

Chuck Fox outdoor seating: The alley way is owned by Mr. Fox and Burt Marshall. Mr. Fox does not have permission from Mr. Marshall to use his property. An easement will be needed. The original site plan that was approved should have all the changes on it.

A motion was made by Member Eberhardt to amend the approved site plan by Bruce Ward, Architect, dated January 6, 2016, S-1 Site Plan, A-1 Basement Plan, A-2 Ground Flr Demolition Plan, A-3 Proposed Ground Flr. Plan, A-4 Main Apartment Level,A-5 Loft Bedrooms, A-6 Elevations, A-7 Wall Section, Side Walls, A-8 Wall Sections, End Walls, A-9 Specifications, A-10 Specs 2, contingent on submittal of revised site plan with a southside easement from Burt Marshall to CEO Forth or Chairman Larson. The motion was seconded by Member Newman and unanimously carried.

Robert Bishton S/P Application 4 Eaton Street: Ms. Bishton explained that she will have her medical office at this location. She will be allowing Chenango eye associates use of the building on the days she is not there. The Board determined this is land use 42A. The Board stated to the Bishton’s that a site plan, a survey showing lot and surrounding properties, any easements and deeded parking spaces are needed. A motion was made by Chairman Larson to approve the special permit for 4 Eaton Street for Robert & Laurie Bishton for Land Use 42A, (there are two distinct businesses using the same space, both are being approved under land use 42A) clinic, diagnostic or treatment center with the following conditions/requirement:

1.  Closing is completed before any permits are issued

2.  Planning board requires that this use have 3 parking spaces either on site or by lease or rent

3.  Submitted site plan using 174.53 guidelines

4.  Chairman Larson was given authorization to approve site plan once submitted to the Planning Board or Code Enforcement Officer

5.  If no closing, approval of special permit is void

The motion was seconded by Member Fuller and unanimously carried.

Palace Theater: The Planning Board would like CEO Forth to review the special permit on file to see if they are still operating within the parameters of the permit.

Code Official Questions:

40 Broad Street, Kappa Alpha Theta Sorority screening changes: Colgate would like to remove the current screening of trees and replace with a fence. The Board would like to invite Colgate to a meeting to discuss their proposal with details and material specifications.

22 Milford Street, residence in barn: This will require a zoning change, currently B3, and must go before the Board of Trustees before the Planning Board can act.

76 Broad Street: Colgate will be leasing this to house 24 students. The Board stated that this is I2. By the village definition, it is not a dormitory. A new boardinghouse would require a special permit. There is currently a moratorium on new boardinghouses. The Board would like CEO Forth to contact Attorney Stokes for classification of use.

The next meeting will be March 24, 2016 at 7:00p.m. at the Village Courthouse.

There being no further business to come before the Planning Board, Member Eberhardt made a motion to adjourn. The motion was seconded by Member Newman and unanimously carried. The meeting was adjourned at 9:25 p.m.

Respectfully submitted,

Kim Taranto