PENDING PLANNING BOARD APPROVAL TOWN OF BRANT PLANNING BOARD MINUTES JANUARY 25, 2005 Town of Brant 1294 Brant-North Collins Road Brant, New York 14027 Planning Board Meeting Joseph Gardyjan, Chairman IN ATTENDANCE Joseph Gardyjan Michelle Hy Neal Wilson Joyce Ellis Dennis Rubeck Philip Pericak Brenda Giacchino David Swartzwelder Fred Ball, Jr (Code Enforcement Officer) Barbara Daniel (Planning Board Secretary) John Grennell was present prior to the start of the meeting to advise the board as to the legality of ?Banning? adult orientated businesses within Brant limits because the industry is protected by the constitution. He also advised that any moratorium applied should have a time limit. Joseph Gardyjan called the meeting to order at 7:40 PM and motioned to approve the minutes of the last Planning Board Meeting. Neal Wilson seconded the motion. CATALANO PROPERTY SPLIT. The first issue addressed was the application submitted by Sharon Catalano and her son Louis for the requested split of a 1.09 acre piece of property located at 1508 Brant-N. Collins Road in the Town of Brant. Mr. Gardyjan asked who actually owned the property and Mrs. Catalano said her son Louis owned it. Mrs. Catalano stated the split was needed to keep the driveway next to the house for the trucks to drive in and get the grapes. The house located on the property would be within the 50? minimum and therefore the variance was necessary for the split. It was noted by Mrs. Catalano that the grapes on the other side of the driveway also belong to the Catalano?s. Mr. Gardyjan noted that it would be obvious to any future purchaser of the property that they would be unable to build on the side of the house that faces the driveway (which would be within 50? of the property line), because the deed, and the laws would prevent adding on to that portion of the house due to the encroachment it would cause within the minimum distance required from the new property line. Mr. Gardyjan clarified that the variance would be needed in order to split the property and Michelle Hy noted that although a variance could be issued for the current owner, it would not carry over to any future buyer of the property. Mrs. Catalano was informed that any future buyer would be restricted from building on the side of the house closest to the new property line. She was also informed that she didn?t need the variance to sell the property but that the variance does not transfer to the new owner in the event of a sale. Michelle Hy made a motion to allow the requested variance as described by Sharon Catalano. Joseph Gardyjan seconded the motion. Vote results 8 Ayes, 0 Nays. Motion carried. WINDMILL INSTALLATIONS IN BRANT. At this time the second issue brought before the Planning board was addressed. Michelle Hy addressed the October 2004 Planning Board minutes where Bill Henry had presented the Planning Board with information regarding the possibility of allowing Wind Mills as an alternative energy source in the Town of Brant. She reminded the Planning Board that in response, they submitted a request to the Town Board thereby seeking direction as to how to proceed with this request. The question presented to the Town Board was ?should the Planning Board proceed with a Preliminary working draft code relative to Windmill and/or alternative energy sources.? Michelle then read the Town Board?s response. ?In regards to the 10/26 Planning Boards received, yes, the Planning Board should draft a preliminary code.? She then asked the Planning Board Chairman his response to the response submitted by the Town Board. The Planning Board chairman Joseph Gardyjan expressed concern that the project was costly and very involved. The balance of board members responded that it was the applicant?s problem and that the expense and level of difficulty should not impede application for varience. Mr. Gardyjan then expressed concern for the traffic problems a windmill might cause and that the Brant residents should be allowed to address the issue in a public forum. It was then suggested that the Planning Board would consult with Gary Brecker, retired Code Officer to obtain legal requirements and stipulations that would need to be followed regarding the installation of windmills in Brant, based upon the fact that North Collins was currently involved in the issue at this time. The issue was closed pending further review with Town of Brant Code Officer Gary Brecker. ADULT BUSINESS IN BRANT. Michelle read from the Village of Depew?s definitions of Adult Business. The Planning Board secretary then handed out copies of the Town of Eden?s definitions of Adult businesses obtained by Leonard Pero and Joseph Gardyjan. The discussion included the need to maintain the legality of possible restrictions imposed, such as proposed locations, etc. Neal Wilson suggested the placement of a six-month moratorium on Adult Businesses in Brant that would allow the board to investigate the proper and legal way to handle the issue based upon the advice of the Town Attorney John Grennell. At the end of the six-month moratorium, the Town Board would hold a public meeting to enact the new local law. Neal Wilson motioned to follow through on the moratorium and Joseph Gardyjan seconded the motion. A MOTION was made by Philip Pericak to have the Town Board review the new law enacted by Eden regarding Adult Businesses. Joseph Gardyjan seconded the motion. MOTION CARRIED. OTHER BUSINESS. Regarding the Wide Beach issue addressed by Mr. Gardyjan at a previous Town Board meeting, Mr. Gardyjan suggested and recommended setting up a public meeting between the Wide Beach residents and their attorney?s, the Town Board and Town Attorney, and DEC representative, Mrs. Anderson. Mr. Gardyjan explained that Mrs. Anderson could discuss the laws that govern Beachfront property in New York State, thereby releasing the decision and responsibility of the Town of Brant to enact a new law regarding them. Mr. Gardyjan expressed concerns that the Town of Brant is going on private property to enforce the laws for the State of New York who owns the beaches. Mr. Gardyjan stated that in order to enforce the laws of the State of New York for the DEC, there would have to be a complaint filed allowing a Patrol car to be dispatched to enforce the laws. To allow the meeting to occur would put the burden on DEC to stipulate their laws regarding ATV and vehicle use on the beaches, thereby releasing the Town of Brant from the possibility of future litigation if a ruling is made that contradicts a law that is legally enforceable in New York State. It would also release The Town of Brant?s legal responsibility in the event someone is injured while engaging in behavior permitted by the Town of Brant in a ruling made by the Town Board. Joseph Gardyjan made a motion to request the Town Board to have a meeting between all parties stated above regarding the Wide Beach issue and what is allowed on the beach. Michelle Hy opposed the motion stating that it is beyond the Planning Boards jurisdiction. Michelle continued that since it was addressed and resolved at a previous meeting with the Town Board, it was no longer an issue for the Planning Board because it is now a neighborhood squabble. Mr. Gardyjan again stated that it would free the Town of future liability issues. Michelle suggested putting the responsibility to contact the Wide Beach association and their attorneys in the hands of the DEC. Michelle continued that to do more than that would mean that the Planning Board would become an advocate for the DEC. Michelle said that unless the Town Board requested further assistance from the Planning Board, it should be a finished issue for the Planning Board. Mr. Gardyjan responded that this was why he wanted to involve the DEC. To make certain that the Planning Board finalized their obligation to the Town Board regarding the matter. In response, Joseph Gardyjan made a motion to drop the issue and return the responsibility back to the Town Board should any future problems arise regarding the Wide Beach issue. Michelle Hy seconded the motion. MOTION CARRIED. Chairman Joseph Gardyjan motioned to adjourn the meeting at 8:15 PM. Michelle Hy seconded the motion. MOTION CARRIED: JANUARY 25, 2005 MEETING ADJOURNED AT 8:15 PM Respectfully submitted, Barbara Daniel Planning Board Secretary Town of Brant