Town of Yates

Regular Planning Board Meeting

April 7, 2011

 

 

Chairman Donald Lamay called the Regular Planning Board Meeting to order at 7:00 pm, at the Town of Yates, 8 S. Main Street, Lyndonville, NY 14098.

 

Those Present:                      Donald Lamay, Chairman of Planning Board

                                                Steve Freeman, Planning Board Member (Late)

                                           Gary Daum, Planning Board Member

                                                Ed Urbanik, Planning Board Member

Dawn Metty, Deputy Clerk

                                                Wes Bradley, Town Board Member

Larry Wolfe, Resident

 

Those Absent:                      Ed Michel, Alt. Planning Board Member

                                                Jeanne Whipple, Alt. Planning Board Member

                                                Richard Kurz, Planning Board Member

                                               

MINUTES:

 

Chairman Donald Lamay entertained a motion to accept the minutes from the March 3, 2011 meeting.

 

RESOLUTION NO.  6-04/11

 

RESOLUTION TO ACCEPT THE MEETING MINUTES FROM THE MARCH 3, 2011 MEETING AS PRESENTED TO EACH BOARD MEMBER.

 

RESOLVED, to accept the meeting minutes from March 3, 2011 as presented to each Board Member.

 

Offered:     Ed Urbanik

Seconded:  Gary Daum

 

Votes:   3 Ayes (Lamay, Daum, Urbanik); 0 Nays

 

Chairman Donald Lamay let the Planning Board Members know that he and Dan Wolfe met with Jeff Johnson to go over the list of questions that the Planning Board had.

 

Some questions asked were:  (1) If a 100,000 gal. tank is put in – will there be a dike put around it?  (in case of a leak or break) (2) Will the 100,000 gal. tank replace the smaller tanks?  (3) Will there be traffic? (4) How much traffic? (5) Have there been any complaints from the neighbors? (6) How many employees are employed with you?

 

Jeff is going to make a blue print of the property to show were everything is located on his property.  He also gave a list of material he uses and the description.

 

Next Chairman Donald Lamay briefly mentioned that Brandon Auker now owns the Family Spot property and home.

 

Chairman Donald Lamay also mentioned that Mark Zimmerman’s Special Use Permit does meet Farm Market criteria.

 

Chairman Donald Lamay entertained a motion to recess the meeting for the Public Hearings at 7:30 pm.

 

RESOLUTION NO. 7-04/11

 

RESOLUTION TO RECESS THE MEETING AT 7:30 PM

 

RESOLVED, to recess the meeting at 7:30 pm

 

Offered:  Gary Daum

Seconded:  Ed Urbanik

 

Votes:  3 Ayes (Lamay, Daum, Urbanik), 0 Nays

 

Opened Public Hearings at 8:00 pm.

 

Those present:  Donald Lamay, Chairman of Planning Board

                         Steve Freeman, Planning Board Member

                         Gary Daum, Planning Board Member

                         Ed Urbanik, Planning Board Member

                         Dawn Metty, Deputy Clerk

                         Dan Wolfe, Code & Zoning Officer

                         Larry Wolfe, Resident

                         Kenneth Martin, Applicant

                         Mark Zimmerman, Applicant

                         Brandon Auker, Applicant

                         Phares Zimmerman, Property Owner

                         Ben Stauffer, Property Owner

                         Barry Neal, Property Owner

                         Jeff & Lynne Johnson, Property Owner

 

The first Public Hearing was for a Special Use Permit submitted by Kenneth Martin to Manufacture & Assemble Amish Style Sheds.

 

Chairman Donald Lamay went over Kenneth’s Special Use Permit.  Chairman Donald Lamay mentioned that Kenneth’s site plan was drawn up very well.

 

Chairman Donald Lamay asked if anyone had any questions.

 

Barry Neal said that he admires the Mennonites for investing in making businesses in the community.

 

No other questions were asked.

 

Chairman Donald Lamay entertained a motion to accept Kenneth Martins Special Use Permit to Manufacture & Assemble Amish Style Sheds at 11942 Alps Rd. Lyndonville, NY 14098 with the stipulation that the completed sheds are not to be stored out front.

 

RESOLUTION NO. 8-04-11

 

RESOLVED TO ACCEPT KENNETH MARTINS SPECIAL USE PERMIT TO MANUFACTURE & ASSEMBLE AMISH STYLE SHEDS AT 11942 ALPS RD. LYNDONVILLE, NY 14098 WITH THE STIPULATION THAT THE COMPLETED SHEDS ARE NOT TO BE STORED OUT FRONT.

 

RESOLVED, to accept Kenneth Martins Special Use Permit to Manufacture & Assemble Amish Style Sheds with the stipulation that the completed sheds are not to be stored out front.

 

Offered by:  Steve Freeman

Seconded by:  Gary Daum

 

Votes:  4 Ayes (Lamay, Daum, Freeman, Urbanik), 0 Nays

 

Closed 1st Public Hearing

 

Opened 2nd Public Hearing

 

The second Public Hearing was for a Special Use Permit submitted by Mark Zimmerman to operate a greenhouse, Plants Sales, Nursery Items and Garden Vegetable Seed Sales.

Chairman Donald Lamay opened by saying that Mark meets the minimum setback requirements.  The greenhouse is 300 ft. from the roadway.  Everything looks good.

 

Chairman Donald Lamay asked if anyone had any questions.

 

There were no questions.

 

Chairman Donald Lamay entertained a motion to accept Mark Zimmerman’s Special Use Permit to operate a Greenhouse, Plant Sales, Nursery Items and Garden Vegetable Seed Sales at 12197 Roosevelt Hwy, Lyndonville, NY 14098.

 

RESOLUTION NO. 9-04/11

 

RESOLVED TO ACCEPT MARK ZIMMERMANS SPECIAL USE PERMIT TO OPERATE A GREENHOUSE, PLANT SALES, NURSERY ITEMS AND GARDEN VEGETABLE SEED SALES AT 12197 ROOSEVELT HWY. LYNDONVILLE, NY 14098.

 

RESOLVED, to accept Mark Zimmerman’s Special Use Permit to operate a Greenhouse, Plant Sales, Nursery Items and Garden Vegetable Seed Sales.

 

Offered by:  Ed Urbanik

Seconded by:  Steve Freeman

 

Votes:  4 Ayes (Lamay, Daum, Freeman, Urbanik), 0 Nays

 

Closed 2nd Public Hearing

 

Opened 3rd Public Hearing

 

The 3rd Public Hearing was for a Special Use Permit submitted by Brandon Auker to operate a Farm Market to sell Produce & Meat Products.

 

Chairman Donald Lamay went over Brandon Aukers Special Use Permit.  Brandon does meet all the setback requirements.

 

Chairman Donald Lamay asked what the months of operation were going to be and asked about the waste disposal.

 

Brandon Auker said that his business will be a yearly operation.  The days and hours will be Thursday – Saturday.  8 am – 5 pm and Saturday will be 8 am – 3 pm.  In regards to the waste disposal, the bones will be kept cold until they are picked up. 

 

Jeff Johnson asked – Are you going to kill the cows there?

 

Brandon Auker – No, everything will be processed and stamped before coming to him.  (USDA approved stamp)

 

Brandon Auker asked Dan Wolfe if he could check the sign out front of the building to see if it meets the criteria.

 

Dan Wolfe said he will look into it and asked Brandon to bring the sign design in for him to look at it.

 

No further questions.

 

Chairman Donald Lamay entertained a motion to accept Brandon Aukers Special Use Permit to operate a Farm Market to sell Produce & Meat Products at 11928 Roosevelt Hwy. Lyndonville, NY 14098 with a stipulation that Brandon must apply for and receive appropriate signage Permit and he will provide adequate screening for any outside storage items or containers.

 

RESOLUTION NO.  10-04/11

RESOLVED TO ACCEPT BRANDON AUKERS SPECIAL USE PERMIT TO OPERATE A FARM MARKET TO SELL PRODUCE & MEAT PRODUCTS AT 11928 ROOSEVELT HWY. LYNDONVILLE, NY 14098 WITH A STIPULATION THAT BRANDON MUST APPLY FOR AND RECEIVE APPROPRIATE SIGNAGE PERMIT AND HE WILL PROVIDE ADEQUATE SCREENING FOR ANY OUTSIDE STORAGE ITEMS OR CONTAINERS.

 

RESOLVED, to accept Brandon Aukers Special Use Permit to operate a Farm Market to sell Produce & Meat Products with the stipulation that Brandon must apply for and receive appropriate signage Permit and he will provide adequate screening for any outside storage or containers.

 

Offered by:  Ed Urbanik

Seconded by:  Steve Freeman

 

Votes:  4 Ayes (Lamay, Daum, Freeman, Urbanik), 0 Nays

 

Closed Public Hearing at 8:25 pm.

 

Reconvened the Regular Planning Board Meeting at 8:40 pm.

 

The Planning Board then discussed with Jeff and Lynne Johnson their revised Special Use Permit.

 

Jeff has included 3 forms with material and what they are. (See Attached).  Jeff also answered the questions that were mentioned earlier in the meeting.

There have been no complaints from the neighbors.

Just 8 employees including myself and Lynne.

Trucks will be loaded and unloaded in building.  There is no parking on the road.

The 100,000 gal. tank will not replace the smaller ones.

 

Gary Daum asked if there was a lot of noise.

 

Jeff Johnson – not much noise.  The mixer/sorter equipment is stored.  Only used at the customers.

 

There are no EPA or DEC requirements.

 

Steve Freeman asked if there was alcohol in the materials that are used.

 

Jeff Johnson – no. 

 

Chairman Donald Lamay ask the Planning Board Members if there should be a public hearing.

 

Gary Daum – Don’t feel there should be another one.

Ed Urbanik – Same business as before – no need for one.

 

There is no need for a public hearing because this application & changes reflect all and current zoning regulations.  Zoning law changes were made after original Special Use Permit in 1998.

 

There were no more questions.

 

Chairman Donald Lamay entertained a motion to grant Jeff Johnsons updated Special Use Permit pending submission of site plan. 

 

RESOLUTION NO. 11-4/11

 

RESOLVED TO GRANT JEFF JOHNSONS UPDATED SPECIAL USE PERMIT PENDING SUBMISSION OF SITE PLAN.

 

RESOLVED, to grant Jeff Johnsons updated Special Use Permit pending submission of site plan.

 

Offered by:  Ed Urbanik

Seconded by:  Gary Daum

Votes:  4 Ayes (Lamay, Daum, Freeman, Urbanik), 0 Nays

 

Other Discussion – Gary Daum mentioned the Spring Training.

 

NO FURTHER BUSINESS

 

MEETING ADJOURNED AT 9:30 pm.

 

Motioned by:  Ed Urbanik

Seconded by:  Gary Daum

 

Votes:  4 Ayes (Lamay, Freeman, Daum, Urbanik), 0 Nays