PLANNING BOARD AUGUST MEETING MONDAY, AUGUST 12, :00 P.M. TOWN HALL 1529 NYS RTE 12 BINGHAMTON NEW YORK 13901

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1 PLANNING BOARD AUGUST MEETING MONDAY, AUGUST 12, :00 P.M. TOWN HALL 1529 NYS RTE 12 BINGHAMTON NEW YORK PRESENT: ALSO, PRESENT: ABSENT: Cynthia Paddick Chairwoman Judy Snyder Messer: Donnelly and Bernard Thomas Geisenhof Assessor & Building/Code Inspector Alex Urda P.E. Town Engineer Gene Hulbert, Jr. Town Board Member Raymond Warren Planning Board Member The meeting convened at 7:00 p.m., at which time Mrs. Paddick called the meeting to order and welcomed the audience. Mrs. Paddick read a statement which explained the Planning Board Mission, along with the Board s duties, functions and limitations. The first order of business is the approval of the minutes from the Regular Planning Board meeting of July 8, A motion was made by Mrs. Snyder seconded by Mr. Bernard to approve the minutes from July 8, 2013, Regular Planning Board meeting. Roll Call: Ayes 4 Nays 0 Absent 1 (Warren) NEW BUSINESS HIDDEN HOLLOW CAMPGROUND Theodore Fendick 518 West Chenango Rd. TM# Site Plan Update to include a 32 x 22 pavilion to cover picnic tables & lawn equipment. Mr. Urda, Town Engineer stated the applicant s request to construct a 32 x 22 pavilion to house picnic tables and lawn equipment at the Hidden Hollow Campground This is a permitted use in the agricultural district. Final approval is recommended with a building permit being required and associated inspections required. Mr. Geisenhof from the Ordinance Office recommended that the Planning Board grant site plan update approval to allow the construction of a 32 x 22 pavilion to cover picnic tables and lawn equipment, with a building permit and the associated inspections being required. Theodore Fendick was present to answer questions. Mrs. Paddick asked if there were any questions for the applicant. Broome County had no concerns regarding this application. 1.

2 There being no further discussion a motion was made by Mr. Bernard, seconded by Mrs. Snyder to approve the Hidden Hollow Campground site plan update with a building permit being required. Roll Call: Ayes 4 Nays 0 Absent 1 (Warren) ADVISORY OPINION/REFFERRALS LOCAL LAW# TOWN OF CHENANGO a local law providing for the Administration & Enforcement of the New York State Uniform Fire Prevention and Building Code. Mr. Urda stated this is an advisory review for Local Law# 1 providing for the Administration and Enforcement of the New York Uniform Fire Prevention and Building Code. This is for the minimum standard for Fire Prevention, Building Code and State Energy Conservation Construction Code in the Town of Chenango. This local law is adopted pursuant to section 10 of the Municipal Home Rule Law. This action is subject to Broome County 239 review. It is recommended that the Planning Board forward a positive advisory to the Town Board. Mr. Geisenhof recommended that the Planning Board forward a favorable advisory to the Town Board to adopt Local Law #1 2013, as a minimum standard to provide for the Administration & Enforcement of the New York State Uniform Prevention and Building Code as charged per Section 381 of the Executive Law of NYS. Mrs. Snyder had some questions regarding the code and noted that there are several typographical errors that need to be corrected. Code and stop work order spelled wrong and a few grammatical errors. Section 6 Stop Work Orders (c) why is the tenant served a stop work order, wouldn t that be the owner or contractor? Mr. Urda stated it is a way of notifying the tenant of the safety concerns and may have to leave. This code is handed down from the State Code. A highlighted copy of the typographical errors for Local Law 1 will be forwarded the Clerk s Office or Town Attorney to make the corrections. There being no comments or discussion a motion was made by Mr. Donnelly, seconded by Mrs. Snyder to forward a favorable advisory to the Town Board regarding Local Law#1 with the typographical errors being corrected. Roll Call: Ayes 4 Nays 0 Absent 1 (Warren) ERIC OLSTEN 3 I GRAPHICS & SIGNS MOE S SOUTHWEST GRILL 1257 Upper Front St. TM# Area Variance to exceed the amount of building signage from 68 to

3 Mr. Urda reviewed the applicant s request for the area variance to exceed the allowable amount of building signage within the Planned Development Commercial District. The building has thirty four lineal feet of frontage on Upper Front Street. If I 81 was treated as frontage, they would be allowed onehundred thirty six square feet. This is not an unreasonable request to provide signage on both sides of the building. The variance request is necessary for reasonable use and is minimal for fifty four foot of signage in the front of the building and thirty eight square feet in the rear. Granting this variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood. This is a Type II action under SEQR. The variance request complies with Article VII C. The applicant will need to coordinate with the Code Office for any sign permits. A positive advisory is recommended. Mr. Geisenhof recommended that the Planning Board forward a favorable advisory to the Zoning Board of Appeals to grant an area variance to allow the amount of building signage to exceed the maximum allowed area from 68 square feet, with a sign permit and compliance inspection being required. Mr. Bernard asked if the sign would be illuminated or flashing. Mr. Geisenhof indicated the sign would be similar to the front building sign. The applicant was not present for the meeting. There being no further comments a motion was made by Mrs. Snyder, seconded by Mr. Donnelly to forward a favorable advisory to the Zoning Board of Appeals with a sign permit being required. Roll Call: Ayes 4 Nays 0 Absent 1 (Warren) EDWARD M. MCGOWAN, SUSAN A. BARTLETT, MICHAEL MCGOWAN 1446 River Rd. TM# Double Area Variance to create a lot with less than required road frontage from 240 to 120 and less than required acreage from 2 acres to.58 acres. Mr. Urda read his letter regarding the applicant s request relief from the ordinance for a double area variance to create a buildable lot with less than required road frontage and acreage. Mr. Urda stated upon reviewing the applicant s request to place a single family home with public water and private sewer constructed on site. This division does not constitute a subdivision. The amount of land disturbance will be less than an acre and will not require a SPEDS permit with NYSDEC. The existing drainage patterns will be maintained. The drainage currently flows to the roadside curbed gutter; from there it is sent to Kattelville Creek. The owner will need a driveway work permit for the curb cut prior to construction. The new owners will connect to the existing lateral for public water. Also file an application for water as an out of district user with the Town of Chenango Water Department. The owner will confirm the septic system provide adequate separation distances from the neighboring 3.

4 owners well to the east. The applicant will require a building permit with the Ordinance Office and comply with the NYS Building Code. This double area variance is necessary for reasonable use and is a minimal request to achieve. By granting these variances it will be in harmony with the general purpose and intent of this chapter and will not be harmful to the neighborhood. This is a Type II action under SEQR. A favorable advisory is recommended to the Planning Board contingent upon the conditions noted in my letter. Mr. Geisenhof from the Ordinance Office recommended that the Planning Board forward a favorable advisory to the Zoning Board of Appeals to grant a double area variance to create a lot with less than required road frontage from 240 to 120 and less than required acreage from 2 acres to.58 acres, provided that a well and septic system will fit on the proposed lot while maintaining all required separation distances from the neighboring wells and septic systems. Since this recommendation was written, we were made aware they have public water. William McGowan was present to answer questions from the Board. Michael McGowan was unable to attend tonight s meeting. Mr. Urda stated the Town has not received official review from Broome County yet, they may have concerns regarding the drainage. There being no further discussion a motion was made by Mr. Bernard, seconded by Mrs. Snyder for the Planning Board to refer this application to the Zoning Board of Appeals with a favorable advisory with the stipulation the applicant s confirm the septic system design provides the adequate separation distances to the neighboring owner s well to the east, obtain driveway/curb cut approvals from Broome County prior to construction and a building permit being required. Roll Call: Ayes 4 Nays 0 Absent 1 (Warren) Mr. Hemedinger, Town Board Member, stated the next Comprehensive Plan meeting will be held on August 26, 2013 at 7:00 p.m. They need to set some rules for the next meeting. It was a mistake trying to update the people who did not attend any of the previous meetings. It took too much time away from the regular meeting to cover anything new. There should be some type of rules in place, The Board discuss the topics for the night and then have public comment at the end. The people who wish to be heard should give their name and address and limit their remarks to 3 minutes. Mrs. Paddick agreed they need to run the meeting more efficiently, stating their name and address for the record and limiting the audience comments, would be an excellent start. 4.

5 Mr. Bernard suggested having an executive session to discuss the topics. Mr. Hulbert, Town Board Member, said every meeting is an open meeting according to the Sunshine Law. Executive session is used for personnel matters only. The Board agreed they should have measures in place for their next Comprehensive Plan meeting. There was further discussion on gas wells in residential areas, and would that be considered an industrial site. Mrs. Paddick said people with larger parcels will have more to say when it comes to gas drilling. However, all residents should have a say whether they have less than an acre or fifty acres regarding gas drilling in their area to be fair. Mr. Hulbert stated this will all fall into the Home Rule, which DEC will determine. The towns will legislate if it will be allowed or not and where it will be permitted at the state level. Charlotte Schotanus, resident of 369 Port Road, asked if land owners will be notified and will there be a public hearing. Mr. Bernard said there are three items to consider, There will be a large footprint for compressor stations, which can be quite noisy at times. It is also possible to have compressor stations every two miles. Check the meter station on how much gas is going in and out. Fracking station and lighting. The Town should address modifying their noise ordinance. Mr. Urda suggested the Town of Windsor has a noise ordinance with forty decibel level from the site property line. Mrs. Paddick suggested having road maintenance in place. All the towns should have the same regulations across the board. Mr. Bernard said we should have everything in place to be fair for the well being of the Town of Chenango. Mrs. Paddick stated we are not trying to deter it, just a way to handle it if it comes to fruition. The Board will receive copies of various towns noise and light ordinances to review in time for the next Comprehensive Plan meeting. 5.

6 There being no further business before the Board, a motion was made by Mrs. Snyder, and unanimously carried to adjourn the meeting at 7:45 p.m. Respectfully submitted, Diane Aurelio Ordinance Secretary 6.

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