Members Present (Alternates): T. Farnan, L. Serafine, N. Misnick, T. Acomb, Ed Zimmerman
Members Absent (Alternates): B. Yunis
Staff: Terrie Sautter
Guests: Mary Ramer, Cleon Ramer, Cleason Ramer, Mervin Wenger, Seth Skelly
I. Meeting called to order 7:02 p.m. A quorum was present. (T. Acomb will vote as regular member in B. Yunis’ absence.)
II. Approval of Minutes: Minutes of February 15, 2023 meeting were presented. L. Serafine moved to accept the minutes of the February 2023 meeting as presented with no corrections, N. Misnick seconded. Approved as presented – 5-0-0
III. Old Business –
Special Use SD 2023-1-26 – Mervin Wenger, at corner of Ellis Rd and John Green Rd, Dundee, NY [tax lot # 112.03-1-22]. Application for concrete batch plant. To create a concrete batch plant as described and discussed preliminarily at the February
meeting. The missing affidavit has been provided assigning Mervin Wenger as a legal representative and attached to the application.
The applicant wants to construct a small concrete batch plant with a series of concrete berms (to hold sand and gravel) and a separate structure of two silos with an attached conveyor belt. The Highway Supervisor, S. Wheeler, came to ensure that the Board understands his road concerns with the proposal (as well as the positive aspects of the proposal for the Town).
The following points were made:
A concrete batch plant with a maximum annual capacity of 80,000 cubic yards
No onsite well or electrical service (conveyor and mixing silo run on generator or motor; water is hauled in and stored onsite in a plastic tank
Regular Operating Hours will be Monday thru Friday 6 a.m. - 6 p.m., Saturday 6 a.m. - 12 noon. Other hours by emergency only.
The operation will have: 3 concrete trucks, 1 tractor trailer, and 1 dump truck
There is no provision for an onsite office space
Any excess concrete will be made into “V” interlocking block forms and sold for blocks
Any onsite washout will be collected in a runoff collection tank and reused as necessary.
(As per S. Wheeler’s concerns) No loaded trucks will be allowed on John Green Rd, only on Ellis Rd. Empty trucks can run on either road.
If, in the future, increased truck traffic from the concrete operation becomes a safety issue (in the opinion of the Town Highway Supervisor), the operator of the Special Use will pay the Town to install road signs advising of the increased truck traffic.
There will be adequate parking on-site for the operation’s needs, at no time will vehicles from the operation be parked on public roads.
None of the development for the application will encroach on the North side of the parcel (the area directly adjacent to Ellis Rd) so as to not obstruct drivers’ lines of sight at the intersection.
Signed SEQR is attached. T. Acomb moved to recommend for approval to the Zoning Board of Appeals the Special Use application 2023-1-26 with the following conditions; second from E. Zimmerman.
Conditions:
The operation will follow all requirements and recommendations from Yates County Soil & Water both during construction and operations.
Portland cement will be completely contained inside a closed silo with a dust collector to prevent dust problems.
Application was corrected to record the name change to Raymond Wenger as the property owner.
Approved by roll call vote: 5-0-0:
T. Farnan Aye
L. Serafine Aye
N. Misnick Aye
T. Acomb Aye
E. Zimmerman Aye
Mr. Wenger was advised that any signage later required will require a sign application.
Comprehensive Plan – The Town Board recommended two (2) updates to the “uses.”
4.1.1 Changes made to 6.2 (3) Lake Residential Permitted Uses and 6.5 Commercial
District section; and
4.1.2 County Planning Board referral required – below:
T. Farnan had an email from new Yates County Planner Jeff Ayers indicating that he never saw the Comprehensive Plan and he shared a pamphlet and indicated that consequently the Yates County Planning Board never saw the plan. T. Farnan will talk to Steve Perry to see how the town wants to progress.
IV. New Business
SU-2023-1-18 – Cleon and Mary Ramer, 2699 Gray Road, Penn Yan, NY for a retail sales and repair operation for small outdoor power/agricultural equipment. [tax lot # 104.03-1-14.2]
This is a change in use for a pre-existing building. The property is owned by Cleon and Mary Ramer, the application is made by Cleason Ramer (son.) The footprint will remain the same. The building will be used for retail sales of used equipment. They will need to consult with the Town Highway Supervisor to determine if the driveway is adequate. The Board reviewed the survey map that was provided. Most parts and equipment will be stored inside the building; some parts and equipment will be stored outside on the west side.
The building is 48-feet long x 10-feet wide with a height of 18-feet and is of metal pole barn construction with a concrete floor with one (1) floor drain in the center. There will be no plumbing in the facility. There is an exterior water hydrant. The owner was asked to provide a plug for the floor drain to prevent drainage of solvents/fluids below the building. Used oil will be stored in 5-gallon pails. A metal cabinet will be provided for solvents, etc. including parts washer solution.
No employees are anticipated at this time. Hours of operation are expected to be 7 a.m. to 8 p.m. Monday through Saturday. The existing lighting is not visible from the road. When the weather improves the driveway and parking area will be improved with gravel.
A motion to recommend approval of the application by N. Misnick with a second from L. Serafine, with the conditions as follow:
A plug will be provided by the owner for existing floor drain;
Secure a Town Highway approval of the driveway for commercial use;
Hours of Operation will be 8 a.m. to 7 p.m. Monday through Saturday;
Metal storage cabinet(s) will be utilized for flammable solvents;
Used oil storage will be utilized offsite for heating oil
The driveway and parking area will be graveled per Town provisions.
Approved by Roll Call Vote, 4-0-1:
T. Farnan Abstain
L. Serafine Aye
N. Misnick Aye
T. Acomb Aye
E. Zimmerman Aye
(T. Acomb noted that only one signature is needed on an application.)
J. Jayne will be in touch regarding date and time of ZBA meeting.
SIGN 2023-2-7 – Cleon and Mary Ramer, 2699 Gray Road, Penn Yan, NY Sign Application for building sign and road sign for driveway A sketch was provided a -foot x 4-foot descriptive sign to be mounted on the north gabled end of the building about 8” to 10” from top of building plus two (2) 2-sided 2-foot x 4-foot signs to be located at the end of the driveway at Gray Road.
The construction of these signs may be metal or plastic with banners attached - to be determined.
There will be no lighting for the signs at the end of the driveway. All signs will be maintained in good repair.
Motion to approve signs on building and at end of driveway as per the application with the above detailed specifications was made by N. Misnick with second from L. Serafine.
Approved by Roll Call Vote, 4-0-1
:
T. Farnan Abstain
L. Serafine Aye
N. Misnick Aye
T. Acomb Aye
E. Zimmerman Aye
Special Use Application SU-2023-1-19 – Seth Skelly, 2717 Sturdevant Rd, Penn Yan, NY for a movable covered wagon, to be used as a short-term rental [tax lot #104.01-1-36] Movable covered wagon for short-term rental. A stone drive leads to the location and the wagon will be placed on a stone pad and affixed with cable to steel-loop tie-down anchors mounted in concrete to prevent the unit from moving with use or in weather conditions. They will probably create a conversation area with a fire pit. Septic is a buried tank with an alarm. SEQR has been completed. They will be drilling/creating a spring well. Currently they are waiting to hear from
NYS Dept. of Health and any other required organizations/governing bodies. All the infrastructure is in place.
The applicant shared brochures for the wagon for review. The life expectancy of the canvas covering is seven – to -twelve years. It is located about fifty (50) feet off the road and 100-feet from a lane on a 6-acre lot, with equal distance on both sides. Wecklemans’ apple orchard is opposite the site. Parking will be provided near the site accommodating up to two (2) cars. The wagon accommodates a maximum of four (4) people with a sleeping area and a bathroom. The owners have developed a list of renter rules which will be provided at the time of rental as well as be posted inside the unit. Solar lighting will be positioned around the unic; stairs have preinstalled lighting. Parking will be surrounded by wine barrels with low-level lights.
A motion to recommend for approval to the ZBA was made by L. Serafine with second from N. Misnick, per above description provided and pending approval from NYS Dept of Health for compliance. Approved by Roll Call Vote, 5-0-0:
:
T. Farnan Aye
L. Serafine Aye
N. Misnick Aye
T. Acomb Aye
E. Zimmerman Aye
J. Jayne will be in touch with Mr. Skelly regarding date and time of ZBA meeting.
V. Budget – No change. The secretary has submitted a voucher. Budget remaining as of last Town
Board meeting:
Secretary $500.00
Contractual $250.00
Total $750.00
VI. Correspondence- None
VII. Guest Comments – none.
At the next meeting there will be an application for the Plastic Welding location.
Generally agreed to adjourn at 9:00 p.m.
Next Regular meeting:
Wednesday, April 19, 2023
7:00 p.m.
