Town of Patterson

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Town of Patterson TOWN OF PATTERSON PLANNING BOARD MEETING May 28, 2009 Work Session AGENDA & MINUTES Page # 1) Guiding Eyes for the Blind – Public Hearing 22 – 23 2) Mystic Bronze – Sign Application 23 – 27 3) Tractor Supply – Sign Application 27 – 36 4) Patterson Village Condominiums – Sign 36 – 39 Application 5) Haviland Hollow Holdings – Request for 2 – 18 Waiver of Site Plan 6) Steger Property – Amended Site Plan 39 – 42 Application 7) Meadowbrook Farms – 20 – 22 Wetland/Watercourse Permit 8) Fox Run Phase II – Continued Discussion 42 – 58 9) Patterson Crossing Retail Center – 58 – 69 Continued Review 10) Other Business a. Sign Code 72 – 74 b. Town Attorney Discussion 18 – 20 c. Green Chimneys School – Generator 69 – 72 Shed Mayfield Discussion 74 - 77 11) Minutes PLANNING DEPARTMENT ZONING BOARD OF APPEALS P.O. Box 470 Howard Buzzutto, Chairman 1142 Route 311 Mary Bodor, Vice Chairwoman Marianne Burdick Patterson, NY 12563 Lars Olenius Gerald Herbst Michelle Russo Sarah Wager PLANNING BOARD Secretary Shawn Rogan, Chairman David Pierro, Vice Chairman Richard Williams Michael Montesano Town Planner Maria Di Salvo TOWN OF PATTERSON Telephone (845) 878-6500 PLANNING & ZONING OFFICE Charles Cook FAX (845) 878-2019 Planning Board May 28, 2009 Work Session Meeting Minutes Held at the Patterson Town Hall 1142 Route 311 Patterson, NY 12563 Present were: Chairman Rogan, Board Member Pierro, Board Member Montesano, Board Member DiSalvo, Board Member Cook, Rich Williams, Town Planner, Ted Kozlowski, Town of Patterson Environmental Conservation Inspector and Carl Lodes from the Town Attorney’s office Curtiss and Leibell. The meeting began at 7:32 p.m. Michelle K. Russo was the Secretary and transcribed the following minutes. The Secretary stated you’re on. Board Member Montesano stated void. Rich Williams stated no. Board Member Montesano stated what we’ve got two sections now. Chairman Rogan stated um. The Secretary stated the second packet was a correction to the first. Board Member Montesano stated all right, then we don’t need the first. The Secretary stated you need them all. Board Member Montesano stated yes, okay. Board Member DiSalvo stated Mr. David Pirro must be recused from Board proceedings. Board Member Montesano stated that is what I’m trying to verify. Planning Board Meeting Minutes May 28, 2009 Minutes Page 2 The Secretary stated you guys are on the record Rich Williams stated yup. Chairman Rogan stated everybody, let’s pull it together real quick so we can, we’ll get to everything in its due order. Actually, since we have Jim Byron here, generally when someone shows up to a work session, we’ll bump them ahead on the schedule so they don’t have to wait all night, does anybody have a problem with that. Board Member Pierro stated no. Chairman Rogan stated no, okay, Mr. Byron states for the record that he does not have a problem being first. So Haviland Hollow Holdings. Board Member DiSalvo stated that’s you. 5) HAVILAND HOLLOW HOLDINGS – Request for Waiver for Site Plan Mr. Jim Byron was present to represent the application. Chairman Rogan stated we have an application, okay. Board Member Montesano stated somewhere. Chairman Rogan stated we have an application before us for the Patterson Automotive garage and store. Mr. Byron stated yup. Chairman Rogan stated to increase the size of the. Mr. Byron stated well no, actually. Chairman Rogan stated convenience store. Mr. Byron stated no I want to run that, I want to scrap that, what I’m asking right now, is my existing gasoline store, I guess there is confusion. I, need clarification, do I have the right to continue now, granted, everybody here knows I fix cars for a living. Chairman Rogan stated sure. Mr. Byron stated but the store has always been there since the 1940’s when it was built. Chairman Rogan stated okay. Mr. Byron stated do I have the right to sell mercantile from that store, do I have the right to sell coffee, bottled water, pens. Chairman Rogan stated you’re asking do you have the right under zoning. Planning Board Meeting Minutes May 28, 2009 Minutes Page 3 Mr. Byron stated do I have the right, yeah. Chairman Rogan stated and that is a question that we would defer to Rich. Mr. Byron stated forget anything about an addition. Chairman Rogan stated right. Mr. Byron stated because that. Chairman Rogan stated let’s cover that one first. Mr. Byron stated yeah let’s cover that one, do I have the current, do I have the current right to have mercantile store in that location, that cinderblock office that is there, has always been there. Since the place was open, it’s always been there. Board Member DiSalvo stated and you’ve sold. Mr. Byron stated always. Chairman Rogan stated well let’s. Mr. Byron stated well granted, I’ve got to clarify. Chairman Rogan stated let’s first, let’s tackle this in two different stages, first off, if it didn’t exist, if it wasn’t there right now, would under the zoning, would Jim be allowed to apply for that kind of a use. Rich Williams stated within the general business zoning district, retail to sell product commodities, is a permitted use. Chairman Rogan stated okay. Rich Williams stated subject to site plan approval. Chairman Rogan stated okay, had it not been a permitted use, would there be a pre-existing non- conforming application of that zoning and if it was proven that it’s been being done for say twenty-five years. Rich Williams stated in my opinion. Chairman Rogan stated yeah. Rich Williams stated no. Chairman Rogan stated okay but given the answer to the first question it’s possible, whether or not it exists now or not, it sounds irrelevant in terms of the zoning. So now let’s deal with what you’re actually, what you’d like to do. Planning Board Meeting Minutes May 28, 2009 Minutes Page 4 Mr. Byron stated okay. Chairman Rogan stated specifically, I think we’ve probably most of us have probably all been in and out of your facility once. Mr. Byron stated right. Chairman Rogan stated the front office, what is the square footage of what is existing approximately. Mr. Byron stated a hundred and fifty, two hundred square. Chairman Rogan stated okay and the convenience, now what are you looking to sell in there. Mr. Byron stated bottled water. Chairman Rogan stated beverages. Mr. Byron stated beverages. Chairman Rogan stated coffee. Mr. Bryon stated coffee. Chairman Rogan stated okay. Mr. Byron stated yup. Board Member Pierro stated newspapers. Chairman Rogan stated and. Mr. Byron stated yeah, right, no cigarettes, no beer. Board Member DiSalvo stated nobody’s buying them; good we don’t need another Mobil. Chairman Rogan stated and the size of the increased area is that. Mr. Byron stated we’re not going to increase, that is what I’m trying to clarify because right now we don’t have a building permit to expand anything and we just have. Chairman Rogan stated right. Mr. Byron stated I’m just asking do I have the right, right now to sell such items. Chairman Rogan stated without doing any other. Board Member DiSalvo stated in the existing square footage. Mr. Byron stated in the existing square footage. Planning Board Meeting Minutes May 28, 2009 Minutes Page 5 Chairman Rogan stated it sounds like you have the right but if you weren’t currently doing it or not permitted to do it that it would subject to site plan approval or site plan waiver by the Planning Board. Because with a change, with an addition of a use, sometimes maybe not in this case but sometimes, there is a change in the requirements for parking, you know. Mr. Byron stated right. Chairman Rogan stated I would probably venture to say that someone is not going to just pull into your store to pick up. Well maybe they would but that would not be your largest market of people stopping just to get a soda, they would be there getting gas or getting something else. Mr. Byron stated no, right, right. Chairman Rogan stated and probably you know, you are certainly not looking at the same level as a Mobil Mart. Mr. Byron stated no. Chairman Rogan stated as much as they provide there. So, but so that I’m clear now, we have application before us. Mr. Byron stated well yeah, that is why I came to the work session. Chairman Rogan stated yeah. Mr. Byron stated and next week we are going to be at a family graduation, so I’m not going to be able to attend the meeting but I’m just, my current, my current. My existing structure and my existing business, do I have the legal right to have a mercantile store, associated with my gas store and that is just why I’m, if I have clarification on that. Chairman Rogan stated yeah. Mr. Byron stated then that just goes and stop me if I’m wrong Rich, does that then, if we have clarification on that and we are okay with that. Does that mean that I then just have to go to the Planning, for a future building permits, does this have to come back to this office. Board Member DiSalvo stated the temperature of the water, cold. Rich Williams stated I think the issue is this. You know, you’ve got an existing gas business out there and within in our Code, the gas service business or the automotive business or the mechanics business all have the right to sell product associated with those business.
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