Planning Department

Montgomery County Planning Board Meeting Minutes
April 23, 2009

1. Call to Order

Vice Chairman Scott McKay called the meeting to order at 7:07 p.m. The following members were present:

Louis Aguero Robert DiCaprio Robert Mead Crystal Ricciuti Andy Reed Phil Arnold Scott McKay (Vice Chair) John Thomas Keith MacGregor Donald Mead Jr. John Lyker Douglas Greene Randy Siver

1st Ward 2nd Ward 3rd Ward 4th Ward 5th Ward Town of Amsterdam Town of Florida Town of Glen Town of Minden Town of Palatine Town of Root Senior Planner Assistant Planner

Absent:

Jack Fritz (Chairman) Anthony Bruno Sam Giarrizzo Ken Rose Karl Baia, Chair Vacant

Town of Charleston (excused) Town of Mohawk Town of St. Johnsville (excused) Executive Director, MCIDA and Montgomery County Business Center (excused) Chair Economic Development & Planning Committee (BOS) Town of Canajoharie

Guests:

Steven Kowalczyk Joanne Kowalczyk Jim Welch



2. Adoption of Agenda- Vice Chairman McKay asked the Board for a motion to approve the agenda. Crystal Ricciuti made the motion, seconded by Bob Mead, to approve the agenda as requested. All members present voted in favor.
3. Approval of Minutes- Bob Mead said he was excused at the last meeting and wanted the minutes to show that. John Thomas made a motion to approve the March 26, 2009 minutes, with corrections, seconded by Keith MacGregor. All members present voted in favor.
4. Communications- None
5. Public Comment- None
6. Old Business- None
7. New Business-

1. Town of Amsterdam—Use Variance—Kaczkowski Garage- Crane’s Hollow Road

   Doug Greene explained that the County Planning Board heard this application back in December 2007, with a recommendation of disapproval for not meeting all 4 criteria for a use variance. This application was now back before the County Planning Board. The difference in this application was a different location of a dismantling building, which was now further away from the road. Mr. Greene said the applicant was not present.

   Steven Kowalczyk, a neighbor, presented his concerns about the use variance. He had lived next door to the junkyard for many years and wasn’t necessarily opposed to the use but was not happy with the proposals to expand the use that had occurred over the last few years. He opposed having the enclosed building and felt the existing operation was working fine.

   Bob DiCaprio asked what the Town decided last time they heard this case. Mr. Kowalczyk said it had been turned down. The Board then moved on to apply the 4 tests required for use variance, to which they determined:

   1. No evidence was presented to prove that the applicant was unable to realize a reasonable financial return.
   2. The hardship was self-created.

   With that, Bob DiCaprio made a motion to recommend disapproval of the use variance due the reasons listed. Keith MacGregor seconded the motion which all voted in favor.

2. Town of Minden—Special Use Permit/Site Plan Review—Mohawk Valley Produce

   Randy Siver presented a power point presentation of the proposed Amish Auction Facility, which was located on Fordbush Road in the Town of Minden. He explained that the referral originally came to the Board as a Special Use Permit application, but the staff felt that a site plan review was warranted and was added. He showed pictures of the site and said the staff was primarily concerned about the entrance’s site distance and construction.

   Special Use Permit

   Randy asked the Board to consider the Special Use Permit first and then look at the Site Plan Review, which was acceptable to the Board. The Town of Minden’s criteria for reviewing a special use permit were passed out to the Board. Assistant Planner Siver said the staff did not see any problems and that the proposal was compatible with the surround “neighborhood”. Phil Arnold made a motion to recommend approval of the Special Use Permit request, John Thomas seconded, all in favor except Keith MacGregor who abstained due to his representing the Town of Minden.

   Site Plan Review

   Mr. Siver displayed the site plan that was submitted by the applicant. He described the 7,000 sq. ft. building and the access drive and parking areas. The staff felt the site plan drawing was incomplete and listed the items that should be added or corrected. There was a mixing of very different transportation modes, tractor-trailers, trucks, cars and horse drawn buggies, all in the same area. This raised safety concerns. The parking area was also not clearly marked as to where these different types of vehicles would park and maneuver. Parking spaces were shown right in front of the loading bays and there were questions about the construction details on how the parking lot would be built. As a result, the staff recommended the following:

   1. The access point on Fordsbush should be reviewed and approved by the County DPW including the access drive width, entrance grade, entrance width, construction standards for all gravel areas, and sight distance.
   2. Approval of access and site facility by the fire and public safety authorities.
   3. Additional information added to the site plan as follows:
      1. Remove parking spaces as shown on site plan and relocate to general parking area
      2. Complete gravel area around auction facility.

   A Board member mentioned that the first page of the SEQR form needed to be completed. With that, Phil Arnold made the motion to approve with the conditions mentioned by the staff and to have the SEQR form completed, Louis Aguero seconded the motion, which passed unanimously. Keith MacGregor abstained due to his representing the Town of Minden.

3. Village of Canajoharie- Local Law Review of Proposed Site Plan Review Law and Proposed Overlay District Law

   Doug Greene described the two Local Law Review referrals from the Village of Canajoharie. The Village had adopted a new Comprehensive Plan 2 years ago and was now implementing the plan’s recommendations. He asked the Board to consider the Site Plan Review Law first, which the Board agreed to.

   Site Plan Review Law

   Mr. Greene explained that Site Plan Review law would complement their new Overlay District. Site plans would be required for all plans except single-family residences. Major and minor plan categories were also defined. Phil Arnold made a motion to recommend approval of the Site Plan Review Law, seconded by John Thomas and was passed unanimously.

   Overlay District Law

   Doug explained what the proposed overlay district was. The Village was going to use a form-based approach that used descriptive pictures to show how new buildings or additions would have to look. The intent was to have new construction be compatible with the historic core of the Village. Bob DiCaprio made a motion to approve the Overlay District Law, Louis Aguero seconded and was passed unanimously.

8. Other Business-

1. County Comprehensive Plan Update—First Public Meeting—Fort Plain – April 22, 2009

   Doug Greene reported that the first public input meeting for the County Comprehensive Plan was held in the Village of Fort Plain and that around 45 people attended. Randy and Doug received many comments that the staff will be compiling and posting on the County webpage. The next meeting was scheduled for May 19th at the Arkell Museum in the Village of Canajoharie. Doug strongly encouraged County Planning Board members, especially those in the western part of the county to attend.

2. Next Meeting Date May 28, 2009 beginning at 7:00pm

9. Adjournment

Vice Chairman McKay asked for a motion to adjourn. Crystal Ricciuti made the motion, seconded by Keith MacGregor. All members present voted in favor and the meeting adjourned at 8:40 p.m.

Recorded by and respectfully submitted

Doug Greene; AICP, RLA
Senior Planner

Approved by:

Crystal Ricciuti, Secretary
Jack Fritz, Chair

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