Town of Yates

Regular Planning Board Meeting & Public Hearing

December 6, 2007

 

 

Chairman, Donald Lamay, called the Regular Meeting to order at 7:06 PM at the Yates Town Hall, 8 South Main Street, Lyndonville, NY 14098.

 

Those Present:              Donald Lamay, Planning Board Chairman

Ed Urbanik, Planning Board Member

                                    Gary Daum, Planning Board Member

                                    Richard Kurz, Planning Board Member

John Belson, Town Board Member

Janice Korff, Deputy Clerk

Barbara Wright, Applicant

Mitchell Wright, Applicant

Paul Lauricella, Jr., Resident

Gary Bayne, Applicant

                                   

Those Absent:              Jeanne Whipple, Planning Board Member

            Roger Harrison, Alternate Planning Board Member

            Edwin Michel, Alternate Planning Board Member

                                   

MINUTES:

 

Chairman Donald Lamay opened the meeting with review of the November 1, 2007 and November 13, 2007 meeting minutes.

 

RESOLUTION NO. 23-12/07

 

Offered:  Ed Urbanik

Seconded:  Richard Kurz

 

RESOLUTION TO ACCEPT THE MEETING MINUTES FROM NOVEMBER 1, 2007 AND NOVEMBER 13, 2007 AS PRESENTED TO EACH MEMBER

 

RESOLVED to accept the meeting minutes from November 1, 2007 and November 13, 2007 as presented to each member.

 

Vote:  4 Ayes (Daum, Kurz, Lamay, Urbanik), 0 Nays, 3 Absent (Michel, Whipple, Harrison)

 

Don reviewed information on the yellow collection boxes from the Planet Aide that was sent to Town.  John further explained the boxes are similar to Goodwill drop box but most of the money goes to the company, very little to the people you believe it will help.  Town was advised that it was not a positive organization.

 

Don asked John for a wind energy update.

 

John hasn’t received any information to date.  He may have more information at January’s meeting.

 

Ed and Gary talked about Gaines moving forward with wind energy in their town.

 

John mention that AES/Somerset is moving forward with proposed docks to bring coal in by ships to their facility.

 

Don suggested that the Planning Board have some zoning in place before the moratorium ends and before the State mandates zoning and regulates wind energy for Towns.

 

Don brought in a letter from Jim Bensley stating that farm worker housing has to meet housing and zoning regulations, but do not need a Special Use Permit.  Their housing is covered under NYS Department of Agriculture & Markets.

 

Don talked about a meeting some Planning Board members had with members of the Zoning Board of Appeals.  Members discussed issues on zoning.  Nonconforming lots at the lakefront need to be reviewed and clarified.  Janice offered to ask ZBA members at their next meeting what zoning they would like addressed.

 

Members reviewed the Special Use Permit list for inspections and updates.

 

Gary talked about the Orleans County Planning Board meeting.  They discussed notifying members via email rather than through the mail and that it was permissible.

 

Gary also passed out copies of a zoning change that was done by the Town of Barre enabling their Planning Board to revoke a Special Use Permit. 

 

Members adjourned the meeting for the public hearing at 7:34 PM.

 

Chairman, Donald Lamay, called the Public Hearing to order at 7:35 PM at the Yates Town Hall, 8 South Main Street, Lyndonville, NY 14098.

 

Those Present:              Donald Lamay, Planning Board Chairman

Ed Urbanik, Planning Board Member

                                    Gary Daum, Planning Board Member

                                    Richard Kurz, Planning Board Member

John Belson, Town Board Member

Janice Korff, Deputy Clerk

Barbara Wright, Applicant

Mitchell Wright, Applicant

Gary Bayne, Applicant

Paul Lauricella, Jr., Resident

 

                                   

Those Absent:              Jeanne Whipple, Planning Board Member

            Roger Harrison, Alternate Planning Board Member

            Edwin Michel, Alternate Planning Board Member

                                   

 

The following notice was placed in the Medina Journal Register on Thursday, November 29, 2007:

 

LEGAL NOTICE:

 

PLEASE TAKE NOTICE; there will be 2 Public Hearings held on December 6, 2007 at 7:30PM at the Town Hall, 8 South Main Street, Lyndonville, New York 14098.  The purpose of the first public hearing is for Special Use Permit Application # 03-07, submitted by Barbara & Mitchell Wright, 1162 N. Lyndonville Road, Lyndonville, New York 14098 for a Dog Kennel.  The second public hearing is for Special Use Permit Application #04-07, submitted by Gary Bayne, 1597 Murdock Road, Lyndonville, New York for a Dog Kennel.  These applications may be reviewed at the Office of the Town Clerk, 8 South Main Street, Lyndonville, NY 14098 during regular business hours.

 

All persons wishing to be heard shall be heard at this time.  Correspondence may be made in person at the Public Hearing or by letter to the Town of Yates Planning Board.

 

TESTIMONY:

 

Chairman Lamay opened the first public hearing calling Special Use Permit application #03-07 as submitted by Barbara & Mitchell Wright, 1162 N. Lyndonville Road, Lyndonville NY.  Their application was for a Dog Kennel at their residence.

 

The County Planning Board reviewed the application on November 15, 2007.  The County did have a concern with parking and asked that the Planning Board review the parking issues with the applicants.

 

Don opened the floor to comments.

 

Paul Lauricella, Jr. asked when is a puppy considered a dog and are puppies included in the total count of animals.

 

Members explained that the NY State and NYS Department of Agriculture & Markets look at it differently.  The State requires all dogs to be licensed by 4 months old.

 

RESOLUTION NO. 24-12/07

 

Gary Daum – Offered

Ed Urbanik – Seconded

 

RESOLUTION AS THERE WAS NO FURTHER TESTIMONY FOR APPLICATION # 03-07, THE FIRST PUBLIC HEARING WAS CLOSED.

 

RESOLVED, as there was no further testimony for application # 03-07, the first public hearing was closed.

 

Vote:  4 Ayes (Daum, Kurz Lamay, Urbanik), 0 Nays, 3 Absent (Michel, Whipple, Harrison)

 

RESOLUTION NO. 25-12/07

 

RESOLUTION TO ISSUE A SPECIAL USE PERMIT TO BARBARA & MITCHELL WRIGHT, 1162 N. LYNDONVILLE ROAD, LYNDONVILLE NY 14098 TO OPERATE A DOG KENNEL AT THEIR RESIDENCE WITH THE FOLLOWING CONDITIONS:

 

A.                 APPLICANT MUST COMPLY WITH ALL ZONING REGULATIONS AS OUTLINED UNDER SECTION 747 – KENNELS AND ANIMAL HOSPITALS, PAGES 107-108B (ATTACHED)

 

B.                 ANY SIGN SHALL NOT EXCEED FOUR (4) SQUARE FEET IN AREA PER SIDE AND SHALL HAVE APPROVAL BY THE PLANNING BOARD

 

C.                 APPLICANT SHALL PROVIDE AN INTERNAL TURNAROUND SO THAT VEHICLES WILL NOT HAVE TO BACK OUT ON THE HIGHWAY

 

D.                 THE PERMIT SHALL BE REVIEWED BY THE PLANNING BOARD ON YEAR FROM THE DATE OF ISSUANCE

 

RESOLVED to issue a Special Use Permit to Barbara & Mitchell Wright, 1162 N. Lyndonville Road, Lyndonville, NY  14098 to operate a dog kennel at their residence with the following conditions as noted above.

 

Vote: 4 Ayes (Daum, Kurz Lamay, Urbanik), 0 Nays, 3 Absent (Michel, Whipple, Harrison)

 

Next Chairman Lamay called for Special Use Permit Application #04-07 as submitted by Gary Bayne for a Dog Kennel at his residence, 1597 Murdock Road, Lyndonville NY  14098.

 

Don reviewed the application.  Gary plans to board dogs, not to breed.  They are for personal use only.

 

Don asked for comments.

 

There were none.

 

RESOLUTION NO. 26-12/07

 

RESOLUTION TO ISSUE A SPECIAL USE PERMIT TO GARY BAYNE, 1597 MURDOCK ROAD, LYNDONVILLE NY TO OPERATE A DOG KENNEL AT HIS RESIDENCE WITH THE FOLLOWING CONDITIONS:

 

  1. APPLICANT MUST COMPLY WITH ALL ZONING REGULATIONS AS OUTLINED UNDER SECTION 747 – KENNELS AND ANIMAL HOSPITALS, PAGES 107-108B (ATTACHED)

 

  1. THE PERMIT SHALL BE REVIEWED BY THE PLANNING BOARD ON YEAR FROM THE DATE OF ISSUANCE

 

RESOLVED to issue a Special Use Permit to Gary Bayne, 1597 Murdock Road, Lyndonville, NY  14098 to operate a dog kennel at their residence with the following conditions as noted above

 

Vote: 4 Ayes (Daum, Kurz Lamay, Urbanik), 0 Nays, 3 Absent (Michel, Whipple, Harrison)

 

As there was no further testimony, the public hearing was closed at 7:43pm.

 

Members reviewed the changes that Janice passed out for Ponds in the zoning book.

 

The changes include the definition of an Aesthetic Pond and a Farm Pond.  If a resident wants an aesthetic pond, which is one acre or less, the Code Enforcement Officer can now issue a permit.

 

If a resident wants a farm pond, which is larger than one acre, they will continue to go before the Planning Board for a Special Use Permit.

 

Gary asked about alternates attending meeting and what their role was.  It was explained that alternates should be attending meetings and training just as regular members do each month and are compensated.

 

As there was no further business to discuss, the meeting was closed at 7:49PM.

 

Prepared by:

 

Janice Korff

Deputy Clerk