Wilmington Town Minutes

Zoning Board Minutes

2009-02-18T19:00:00.000-05:00

Wilmington Zoning Board of Appeals
Regular Monthly Meeting
February 18, 2009

Present: Tom Hinman, Robert Girardin, Jim Carmelitano, Jerry Bottcher, Alicia Armstrong, Robert Guynup, Steve Corvelli, Cameron Grady, Randy Preston and Shirley Lawrence.

CALL TO ORDER-7:05 p.m. by Chairman Tom Hinman

NEW BUSINESS
Cameron Grady-Application for a Conditional Use Permit to operate an auto repair shop at his
Home at 1264 Haselton Road.
*He has a one stall garage that has room for two cars.
*His setback is approximately 100 ft from Haselton Rd.
*The property is located in the Village Center.
*Jerry Bottcher questioned where the water from the storm drain went. It was determined that it
eventually went into the river.
*Cameron has parking space for at least 5 vehicles.
*He would not be selling cars.
*His only waste material is used oil which goes to AK Auto for his furnace and antifreeze which is picked up and disposed of by a third party.
*Most of the repair work would be done inside the garage; the most that would be done in the drive might be changing a tire.
*Jerry informed Cameron that he board might need to impose conditions depending on the input from the neighbors.
*Steve Corvelli questioned the hours of operation. Cameron would like to operate from 8-4:30 five days per week.
*The only sign that Cameron wishes to have is the registered sign which would be located on the building.
*There are no plans for storage of vehicles.
*Cameron would be agreeable to a limit of 4-5 cars.
*Public hearing was set for March 11, 2009 at 7 pm
*Randy Preston informed the board that Tom Hinman, Bob Peters and he had talked about sending an information letter with a self-addressed, stamped envelope for return to the board with comments from the adjoining property owners rather than sending notices return receipt. The board agreed to try this. Bob Guynup will prepare the letter; Shirley will make labels for adjoining property owners and the applicant will provide the envelopes and the stamps. The returns will be addressed to the Town and someone from the Town or the Zoning Board will compare the letters sent to the list and deliver them to the post office for mailing.
*Bob Guynup informed the board that Bruce Gowan had bought the Mason property and wanted to build on the property that had burned a few years ago. Bob informed him that this was not possible.

*Meeting adjourned at 7:48 p.m.

Planning Board Meeting

2009-02-02T19:00:00.000-05:00

Wilmington Planning Board
Regular Meeting – 7 p.m.
February 2, 2009

Present: Bob Peters, Bruce Huntington, Judi Gould, Bert Yost, Glen Gebel, Marilyn Moncsko, John Leonard, Kathy Daggett, Bob Guynup, Gilbert & Linda Joss-Dyke, Kent Stephenson, Brigette Levitt, Jack & Noreen Levitt, Steve Corvelli, Sylvia Mustelier, Jean Cavallero, Alicia Armstrong, Cindy Garso, Randy Preston, Kevin & Connie Prickett, Tony Pascarelli, Kent Adams, Nancy Gonyea, Sydney Maxwell, Kara Page, Aldo Aquino, Dave Magurk, Kevin Hastings and Shirley Lawrence.

PUBLIC HEARING-FOX HOLLOW SUBDIVISION-JACK LEVITT-3 LOT SUBDIVISION
*Jack explained his proposal for a 3 lot subdivision.
*The project has APA approval.
*There were no questions from the public or the board.
*Motion to close the hearing by Bruce Huntington at 7:07 p.m.

PUBLIC HEARING-WHITEFACE OUTLOOK-JACK LEVITT-45 LOT SUBDIVISION.
*Call to order at 7:08 pm.
*The parcel is 101 acres.
*APA has jurisdiction over the road section.
*DOT has given approval for the road cut off of Route 86.
*The Storm Water Management Plans are in the works.
*The town has hired an engineering firm to oversee the plans. They are paid by the developer but selected by the town.
*There will be covenants in place on the properties.
*Kara Page questioned if the SWMP would conform to the Land Use Code or if it would be in
conjuntion with the new Land Use Code that is being developed. Bob Peters informed her that he did not know what the new code was going to be. Cindy Garso informed Kara that the SWMP would be based on State DEC regulations.
*Randy Preston noted that nothing further has been done because the State has stopped all the funding.
*Gilbert Dyke questioned the protocol about notice of this meeting. He has not received anything. All property owners within 500’ were suppose to be notified of the meeting. Gilbert stated that a culvert on Route 86 empties on his property and the water collects there. He feel this development might make it worse. Bob Peters is familiar with the water problem. The original retention basin has been redone to solve that problem. Jack Levitt explained that the retention pond is designed to let the water go back into the water table. Bruce Huntington felt that the downstream effect should be studied.
*Kevin Hastings, designer of the system explained that the system had been designed to have a 0% impact. Linda Joss-Dyke is not convinced that there is a 0% impact.
*Jack Levitt noted that this has been an ongoing problem on that road for years and that the town did not have a water problem during the last winter.
*Glen Gebel had concerns over one of the basins on lot #6 behind the Little Supermarket.. Jack stated that this is not completed yet. He had difficulties working with the State. Supervisor Preston has spoken with the State and hopes to be able to work with them on this area. There was further discussion over the volume of the basin as well as the design noting that they are designed to release water at a slower rate than a run off. The design was done taking into consideration frozen ground conditions. There were concerns over the water at the culverts by road. Kevin Hasting stated that the plans are to get the water to go where it use to go.
*Kevin Prickett asked if there was a monitoring plan in place to assess the effectiveness of the system in the future. There is a State maintenance requirement. The town would have to monitor the system. Mini retention ponds collect silt before it goes into the basin. This will make it easier for the town to maintain the silt and can be easily observed. Kevin Prickett would suggest a plan to monitor the effectiveness of the system.
*Linda Joss Dyke asked if the study was done before the logging project was done and after the logging was done to determined the impact that the logging had. The SWMP was done before the logging. Cindy Garso stated that the logging impact was considered from the beginning.
*Kara Page asked when the study by our engineers would be available for reading. Bob Peters stated that the engineer reports to the Planning Board and the reports are available for review at the Code Enforcment Office.
*Robert Guynup asked where the water would be entering the property. Jack showed the area on Route 86 which is a 30’ strip of land on Route 86 by Scott and David Lawrence’s property where all the utilities would be run.
*Gilbert Dyke questioned the time line on the SWMP. Jack stated that it is done and has bee approved by the DEC.
*Bob Peters went over the time line for scheduling a vote noting that the board has a maximum of 62 days each for conditional approval, preliminary approval and final approval. The board will obtain answers to the all the concerns first.
*Robert Guynup asked Cindy Garso if she still had concerns. Cindy is looking for:
**a little more information on the public water system;
**some construction details on the SWMP;
**she would address the Dyke’s concerns.
Bob noted that this is one of the largest projects that the town has done and that there had been some miscommunication. He would like to see that Cindy gets the information when she needs it.
*Bruce Huntington felt that the board went to public hearing before there was a complete application and that the board should adjourn and come back with a complete application.
*Judi Gould feels that there are some things missing but they have tried to do everything correctly.
*Jack Levitt stated that these are the final plans and that Cindy Garso’s concerns can be addressed by the engineers. They will also address the public’s concerns.
*Bruce Huntington does not feel that the downstream issues have been addressed.
*Cindy Garso clarified that she feels that everything has been submitted but that something that can be stamped by the board is not in the board’s hands and that she has three detail items that she would still like to see.
*Marilyn Moncsko questioned if all the information that Cindy needs is here tonight. Dave Magurk will drop off the drawings tomorrow. Dave gave Cindy the SWMP.
*Bob Peters praised Cindy Garso for her help with the project
*Motion to close public hearing at 8:08 by Judi Gould, seconded by Bert Yost and carried unanimously.

ACCEPTANCE OF MINUTES: Add Marilyn Moncsko to attendees. Motion to accept with correction by Marilyn Moncsko, seconded by Bert Yost; carried unanimously.

FOX HOLLOW SUBDIVISION-DISCUSSION
*Motion to approve application by Marilyn Moncsko, seconded by Judi Gould; carried unanimously.

WHITEFACE OUTLOOK
*Jack Levitt stated that they are doing their best to work things out between the engineers. He would like the board to spell out what he still needs to do.
*Bob Peters feels the concerns need to be studied to make sure that there is not additional water going into the culverts.
*Jack Levitt feels the volume of the water is not going to change.
*Bruce Huntington feels the maintenance of the system is an additional strain on the town. Jack
stated that he is trying to design the best drainage system so that the town does not have a problem. Bruce feels that perhaps there should be a drainage district formed so that the town has some recourse if there are problems in the future. Bob Peters does not feel that these people should have to do something different than anyone else in the town.
*Randy Preston stated that he could check with the town lawyer regarding the forming of a drainage district.
*Cindy Garso suggested looking specifically at the volume of the water going through the culverts.
*Dave Magurk and Kevin Hasting will look at these concerns.
*Jack Levitt feels that if he looks at the water volume before and after the project, then their job is done.
*Jack feels that he will have all the information required within 30 days.

WHITEFACE OVERLOOK-Alan Oppenheim
*The sketch plan will be presented for Preliminary review.
*Town water is an issue that needs to be resolved.
*There will not be a public hearing on March 2 as originally planned.

WFE Ventures
*8 lot subdivision on John Bliss Road by Peter Coffrin, Agent for Joan Friedman. No NJ letter at this point.
*Will be on the agenda for March.

NEW BUSINESS
*Cameron Grady application for a conditional use permit to operate an auto repair garage at his house at 1264 Haselton Road.
*The Planning Board’s recommendation to the Zoning Board is to consider the comments of the neighbors and the precedent that it would set. They should be concerned over the number of cars at any given time.

DISCUSSION
*There was discussion of the sign ordinance and information from Bert Yost.

OLD BUSINESS

*Meeting adjourned at 9:23 pm

Planning Board Meeting

2009-01-05T19:00:00.000-05:00

Wilmington Planning Board
Regular Meeting – 7 p.m.
January 5, 2009

Present: Bob Peters, Bruce Huntington, Ginny Crispell, Judi Gould, Bert Yost, Steve Corvelli, Herb Crispell, Alan Openheim, Aldo Aquino, Al & Alicia Armstrong, Tina Preston, Rarilee Conway, Jack, Noreen & Bridgette Levitt, Cindy Garso and Dave Northrup.

CALL TO ORDER- 7:00 p.m. by Chairman Bob Peters

ACCEPTANCE OF MINUTES: Jack Levitt reviewed terminology changes to be made to these minutes. There was discussion on the project starting out as two distinctive phases and now being only one phase. Motion to accept December 1, 2008 minutes with changes presented by Judi Gould, seconded by Bert Yost; carried unanimously.

OLD BUSINESS

WHITEFACE OUTLOOK-NORTH SKY DEVELOPMENT-JACK LEVITT
*Bruce Huntington stated that there are more items that need to be addressed.
*Bob Peters questioned if they would be addressed in time for a public hearing in February.
*The water system has been approved by the DOH.
*Cindy has problems with the receipt of the paperwork and the legibility. She needs a completed set of drawings. Cindy has a list of eight items that need to be resolved. Cindy feels these can all be easily solved.
*Discussion was held on provisions for looping of the water system in the future. This would involve acquiring right-of-ways and various other things.
*Jack doesn’t feel he should be delayed while the town investigates this idea.
*Jack would be ok with putting a right-of-way along the property line of lot 14.
*It was felt the work on acquiring of right-of-ways and looping was the responsibility of the town.
*Jack gave an update on the retention basins. Cindy is going to view the basin with Jack on Thursday the 8th.
*Jack gave further update on the drainage and how it ties into the drainage on Route 86. Jack stated that Randy Preston has spoken with DOT and the state is willing to study the issue after his stormwater management systems are in place. He feels his retention system is going to help many things.
*Bruce Huntington felt the town will be concerned with the post construction phase.
*Jack Levitt assured the board that there will be easements in place for work on the retention basins.
*Discussion on DEC letter and follow up letter from Jack Levitt.
*DOH letter of December 18, 2008
*DOH letter of December 20, 2008
*Signed copy of SEQR form.
*Jack wanted Cindy to be able to be in contact with his engineers to answer her questions. Cindy stated that she had contacted them and was still waiting to hear back from them.
*Public hearing set for February 2, 2009.

Fox Hollow Phase 2 – Jack Levitt
*Letter of approval from the DOH
*Letter from NYS Office of Parks, Recreation & Historic Preservation
*APA approval dated December 3, 2008
*Application is to change one lot into three lots.
*Public hearing set for February 2, 2009

WHITEFACE OVERLOOK-ALAN OPPENHEIM
*Bruce Huntington noted that he can not participate as a board member because his family owns adjoining property.
*Alan passed a memo around giving an update on the project.
*The project has gone through a process with APA with a higher level of review than normal.
*Other agencies involved will be DEC, DOH (septic), DOT (curb cut)
*Will create a homeowners association. APA will review covenants.
*Would like the town’s process to move concurrently with the APA process.
*Plans were explained and shown to the board.
*Plans are to tie into Water District #1. Will have a detailed engineering drawing for the water line.
*If APA is the lead agency, this board will be looking at the clustering question.
*Discussion was held on the clustering regulations. Ginny felt this was not a cluster development but a multifamily use.
*Alan’s representative, Tim, suggested that the board review the preliminary plan at the February meeting with a possible public hearing in March. He feels this is a 13 lot subdivision. The ZBA has already determined the density issue.
*Bob Guynup went over some of the fees that they would be responsible for.
*There is some question over if the property is within the water district. This is to be discussed with the Town.
*The board requested a copy of the items that have been completed from Alan.

Paul Wos, Kevin Bette-First Columbia beach subdivision.
*Application for Zoning Board Variance was voted down.
*A possible adjustment is being made to scale down the project to 33 units (11 buildings)
*Letter from Larry Hegele dated December 17, 2008/

VFE Ventures
*8 lot subdivsion on John Bliss Road by Peter Coffrin, Agent for Joan Friedman- No NJ letter at this point. *No additional information at this point.

Gene & Billie Loughran
*2 lot Cooper subdivision on Springfield Road
*No new information to date.

NEW BUSINESS
*Letter from the Town Board-Sign Ordinance
*They wish to reinstitute a sign ordinance into the regulations.
*Bob Peters is looking for someone to volunteer to look at the present guidelines and to contact other towns that have recently done this.
*Ginny will summarize the present ordinance and Bert will research other ordinances.
*Steve Corvelli explained what the board wished to see for a sign ordinance. The board would like guidelines for residences to follow that would allow signs that are complimentary to the area.
*There was lengthy discussion over what the town and the planning board would like to see for the town in regards to signs.
*Judi suggested that the board might get input from other members of the community to include businesses.

Bob Guynup questioned if the board commented on the Cameron Grady application with the Zoning Board of Appeals. The board questioned why he wasn’t required to get a permit when he first started operating the business. The recommendation by this board was that the site be cleaned up; the number of cars allowed in front parked to be repaired be established as well as the length of time they be allowed to park there. Cars that are being stored should be behind the fence. The gate should be capable of being closed.

*Meeting adjourned at 9:30 pm* Page 2

Zoning Board Minutes

2008-12-17T19:00:00.000-05:00

Wilmington Zoning Board of Appeals
Regular Monthly Meeting
December 17, 2008

Board members present: Tom Hinman,, Aldo Aquino, Robert Girardin, Herb Crispell and Jerry Bottcher.
Others present: Steve Corvelli, Bob Peters, Larry Hegele, Darin Forbes, Paul Wos, Gary Williams, Kent & Sarah Adams, Randy Preston, Sylvia Mustelier, Yvonne Farmer, Dick & Jane Sibalski, Cameron Grady, Darrell Austen, Greg Kato, Harriet Adams, Al l& Alicia Armstrong, Mrs. Orsi, John Levy, Bob Guynup, John Lafferty, Michelle Burns, Tom Bradshaw, Judy Clodgo, Margo Root, Gilbert Dyke, William McConvey, Ginny Crispell, Nancy Humphreys, Meg Humpreys, Lisa Dyslin, William Stahl, Janice Schoetz, Dorothy Malkin, Sam Haselton, Garry Hoffman, Bruce Huntington, John Roth and Shirley Lawrence.

Public Hearing-Conditional Use Permit Application for John Levy
Public Hearing called to order at 7 p.m.
*Conditional Use Permit to operate a restaurant at the Evening Hatch on Route 86.
*Would serve breakfast, lunch and dinner seven days a week.
*There were no questions or concerns.
*Motion presented by Jerry Bottcher to approve the application as presented, seconded by Aldo Aquino; carried with all in favor.
*Public hearing closed at 7:03 pm.

*PUBLIC HEARING-CONDITIONAL USE PERMIT –APPLICATION BY AL ARMSTRONG FOR THE MOUNTAIN BROOK LODGE.
*Public hearing called to order at 7:04 p.m.
*Al Armstrong reviewed his application with the board.
*Herb Crispell excused himself from voting because he is Al’s relative.
*Motion presented by Aldo Aquino to approve the application as presented; seconded by Robert Girardin; approved with yes votes from Tom Hinman, Aldo Aqino, Robert Girardin and Jerry Bottcher; Herb Crispell abstained.
*Public hearing closed at 7:08 p.m.

Regular meeting called to order at 7:09 p.m.

APPROVAL OF NOVEMBER MINUTES
*Motion to approve by Robert Girardin, seconded by Herb Crispell; carried with all in favor, none opposed.

REVIEW OF CONDITIONAL USE PERMIT APPLICATION SUBMITTED BY CAMERON GRADY.
*Application to operate a limited repair shop at 5697 NYS Route 86.
*Cameron stated that he was initially (3 years ago) told in writing that he did not need a permit; he has been operating his business for those three years and is unsure why he now needs a permit..
*Tom Hinman explained the rules for obtaining a permit each time a business changes ownership.
*Bob Girardin questioned the clean up around the building.
*Cameron does not own all the materials around the building but has been doing some clean up.
*Jerry Bottcher felt that the owners should be responding to the conditions placed on the original permit for the property.
*Bob Guynup stated that in 1998 Santa Maria’s were approved for a permit but the paperwork was not signed. This matter is currently in mitigation.
*The conditions were: limited parking, a fence across the front to cover the vehicle in the back and on the side.
*The board questioned if these conditions would be hard for Cameron to meet. He felt that two unlicensed vehicles as well as no more than 5 cars in the parking lot would be difficult for Cameron to comply with. Some of the vehicles are there for storage.
*Cameron further noted that he does have his original letter from the Code Enforcement Officer stating that a permit was not required.

Jerry Bottcher stated that the original intent of the restriction was to limit what is in front but to allow storage in the back. He further suggested that the board discuss conditions at the time of the public hearing.
*Public Hearing set for February 21, 2009.
*There was a suggestion that a time limit might be put on unregistered vehicles.
*Cameron informed the board that he has done a lot of work on the outside of the building to try and make it look good.

PAUL WOS-COLUMBIA SUBDIVISION
*Paul Wos presented a revised site plan now requesting 33 units. This would remove a building in the center and move the three buildings closest to the beach further away from the beach. This would also move one of the leach fields from the beach area.
*Cindy Garso informed the board that she needed a paper copy of the plans and a copy of the grading and landscaping plans. The stormwater management plan would also have to be reviewed.
*Bob Guynup has spoken with James Martineau, the town attorney, and was told that this would need an amended application.
*Jerry Bottcher stated that he had spoken to a different attorney and felt that the board could approve less than the original application.
*Bob Girardin felt that an outside attorneys opinion should not reflect on this board and that because the new plan is less that it is different and needs to be reviewed again.
*Paul Wos suggested considering the original 36 units. He reiterated that they were trying to make an investment in the town and would be hiring locally and using local goods. He stated that they would be spending 7.7 million dollars in construction and this would yield 33 new homeowners added to the tax base.
*Larry Hegele questioned the purpose of this meeting; if it was to vote on the original application or to consider the new plan.
*Jerry Bottcher felt they were voting on the original application.
*John Lafferty noted that the board has an expert that states that the project “does not fit”.
*Sarah Adams felt that there was still missing information and that the project should not go on without all the information. She also noted that she has not heard anything about conditions for the project.
*Discussion was held on how the attorneys arrived at 20 units as allowable.
*Darin Forbes thought the board should be determining if the project fits or doesn’t fit.
*Clara Orsi was concerned over what the impact would be on the river. Paul stated that they had worked with the APA to come up with a plan so that there would be no effect on the river or the wetlands.
*There was a question if APA had stated this in a letter.
*Bruce Huntington noted that APA would not issue a letter unless they had jurisdiction.
*Cindy Garso read the NJ letter from the APA.
*Herb Crispell is under the impression that the Zoning Board will make a decision if the project can move forward and the number of units that will be considered and then it will go to the Planning Board.
*Tom Hinman noted that the DOH and DEC would also be involved.
*Garry Hoffman questioned what the board will base it’s decision on.
*Bob Girardin felt the board should consider the good of the community and the feelings of the community. He feels this project is unique and will make a great change to the community.
*Sarah Adams questioned if the project will still work if they don’t get the number of units that they want.
*John Roth has concerns over the ruining of the beach by seasonal people. He feels that seasonal people will not be putting anything into the town.
*Jane Sibalski thought that the laws were made to guide the boards and control the growth.
*Kent Adams felt that the project does not meet the criteria for a variance and that it is a density issue.
*Darin Forbes thought that the vision 20 years ago may be different today.
*Bob Girardin feels it is a very sensitive area of the town and that perhaps the project is in the wrong place.
*Herb Crispell discussed a compromise. He feels the most sensitive are the two building by the water.
*John Roth felt the board should not jump too quickly into changing such a unique area in Town. He felt Wilmington does not need to become a retirement or town house community.
*Darrell Austen felt that growth is good but asked why the doubling of density of almost 100%.*
*Tom Hinman stated that the project will not be approved until the engineer says that the project fits.
*Garry Hoffman requested that he be allowed to voice his opinion against the project because of the aesthetics.
*Bob Guynup would like to see the board take the advice of the town attorney.
*Gary Williams feel that once we give the beach away, it is gone forever and he would rather see someone come a take something that is already existing. He doesn’t feel this project will make a difference in the business in the town.]
*Larry Hegele was against the board approving anything that is more than the code allows.
*Jerry Bottcher made a motion that the board entertain approval of 9 buildings (27)units on the large parcel with no buildings on the small parcel; seconded by Herb Crispell;

Discussion: Tom Hinman stated that the process must be approved by the town attorney.
Bob Girardin feels the reasons that the people have for being against the project have not gone away.
He feels the density issue is only one part of what should be considered.
There was discussion over the fact that the small parcel could still be developed at some future date.

*Herb Crispell withdrew his second to the motion. His idea had been to maintain this parcel as forever wild.

Robert Girardin presented a motion to disapprove the application as presented for 36 units, seconded by Jerry Botther; carried with all in favor, none opposed.

Paul Wos felt the board needed to decide what THEY wanted there.

Motion to adjourn at 9:48 pm. Upon a motion by Aldo Aquino