Town
of Brutus – Village of Weedsport
Planning Board Meeting Minutes
(Regular Meeting)
Town of Brutus Municipal Building, 9021 North Seneca
Street, Weedsport, NY 13166
Wednesday March 24, 2021 at 7:00 pm
Planning Board Members Present
Virtually on GoToMeeting: Joe Barwinczok (T) 7:15, Frank Gross (V), Dave Lipiska (T),
Derek Ostrowski (V&T), Nancy Sweet (V), Joel Herrling (T-Alt), Ed O’Neil
(V-Alternate)
Absent: Thomas Taylor (T), Ken Carr (T-Alt)
Also, Present Virtually on
GoToMeeting: Lynette Murray (PB
Clerk)
Virtual GoToMeeting Attendants:
OPENING:
The Planning Board held a virtual GoToMeeting on March
24, 2021. The invitation to the
on-line meeting with link, phone number to call in, and access code was
distributed on as follows:
• Emailed to the Planning Board
members/group
• Posted on the Town Website
• Posted on both doors of Town Hall
The
meeting was called to order at 7:00 pm by Chairman Ostrowski. Chairman
Ostrowski asked if there were any questions, additions, or deletions to the
minutes from the February 24, 2021 meeting.
Member Gross motioned to accept 02.24.2021
minutes as written. Member Sweet seconded the motion. VOTE: 4 ayes; 0 nays.
Carried.
- CHIRCO, NORMAN, ATTORNEY REPRESENTING NOLT,
RAYMOND AND KATHRYN: INFORMATIONAL: 2-LOT SUBDIVISION:9306 OAKLAND
ROAD:(#76.00-1-46.1):61 ACRES: AR.
No one present to discuss proposed sub-division. In
further review tax map #76.00-1-46.1 is located at 2196 O’Connor Rd. in the Town
of Brutus, Owners Raymond & Kathryn Nolt. The address of 9306 Oakland Rd
has a Tax map # 76.00-1-9.512, Owners Greg & Christine Gilfus, Town of
Metz. Chairman Ostrowski would like clarification; the application received has
the project location at 9306 Oakland Rd Tax Map #76.00-1-46.1.
- POLLOCK,
BRUCE (B&C STORAGE): FINALIZE: 2-LOT SUBDIVISION: SITE-PLAN REVIEW
SELF-STORAGE: VACANT LAND STATE RT. 34:(#77.00-1-8.1.):62 ACRES:
INDUSTRIAL DIST.
No one present. To date have not received notarized
Representation form or paper copies of maps.
Chairman Ostrowski stated a follow up letter needs
to be sent to Mr. Pollock regarding the time frame of filing the maps from the
approval date. Clerk Murray will draft up the follow up letter.
- WALCZEK,
STEPHEN (BARBER WELDING): INFORMATIONAL: (2)-2-LOT
SUBDIVISION/RESUBDIVISION:2533 Erie Drive; TM # 82.12-1-3, 6.00 acres,
within Village of Weedsport and Vac Erie Drive; TM # 82.12-1-4, 4.90
acres, within Village of Weedsport.
No one present to discuss sub-division/
re-subdivision. Informal discussion occurred and no decisions made. Chairman Ostrowski would like to send
a recommendation to the Town that a Town representative should be present to
discuss the project as well as the landowner.
CORRESPONDENCE/OTHER
ITEMS:
o
UPDATE A-R
(RIVER FRONT) SPECIAL PERMIT IN
TOWN CODE: Planning Board had
discussions on updating the Town Code for special permit in A-R District’s as
requested by the Town.
Planning
Board members focused on A-R District, River Front zoned areas and discussed recommendations
based on current law and what has been outlined in the Comprehensive Plan to
update special permits to cover river front activities. Thoughts were to
include retail sales and repair of outdoor sporting related products and
supplies associated with a few activities like fishing, canoeing/kayaking. Member
Lipiska stated per Code §125:12 River Front District already indicates this and
that there no changes needed. After
further discussion, determination was made that the Planning Board was in consensus
that making any Special Permit changes to allow more businesses was not in line
with the comprehensive plan and not in the best interest of the community. Chairman Ostrowski will draft a letter to the
Town Board indicating that the Planning Board recommends against adding more
special permittable businesses in line with the comprehensive plan. The letter will be presented to the Planning
Board for review prior to sending to the Town Board.
o
DISCUSSION
ON SET-BACKS: On 3.19.2021 Town
Clerk Skellington sent an email to Clerk Murray and Chairman Ostrowski
regarding the town board was requesting a recommendation from the Planning
Board on what point is a setback measured from.
o
Chairman
Ostrowski replied as followed:
“For
the purpose of any measurements such as setbacks, frontage, etc., the planning
board uses the surveyed lot lines as the point of measurement as they clearly
identify the parcel boundaries. We do
not have measurements to road center lines or road rights-of-way from which to
base our decisions, only survey maps.
Residential
and Commercial-Light Industrial zones in the Town of Brutus use the term
“Building line” which is defined as “A line connecting points in each sideline
equidistant from the street line beyond which no portion of a building,
including porches, shall extend, other than steps, eaves and/or cornices.” Street line is defined as “The dividing line
between the street and the lot. The ‘street line’ shall be the same as the
legal right-of-way, provided that where a future right-of-way width for a road
or street has been established, then that width shall determine the location of
the ‘street line.’”
My
interpretation from the “Building line” and “Street line” definitions is that
the setback in the Residential and Commercial-Light Industrial zones is from
the edge of the established roadside right of way, not the center line.
In
the Agricultural-Residential zoning, the lots are subject to “Setbacks. The
minimum setback from all side and rear lot lines is 25 feet; the front lot line
setback is 75 feet.” per Town code. “Lot lines” are defined in the code as “The
boundaries of a lot”. The Planning
Board’s interpretation of a lot line has always been the surveyed parcel
boundary. Based on this, I would contend
that the garage in question should be no more than 75 ft from the front
property line irrespective of the road and right-on-way. The Lot Line is definitely not the center of
the road.”
Chairman
Ostrowski expressed this same opinion to the board and Planning Board Members
were in a consensus on the interpretation of setbacks Chairman Ostrowski
offered to the Town Board.
No
further discussion.
CLOSING:
8:10 pm,
Member Lipiska motioned to adjourn the meeting.
Member Gross seconded the motion.
VOTE: 5 ayes;
0 nays. Carried.
Respectfully
submitted,
Lynette
Murray, Planning Board Clerk
