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Planning Board says applications should go the Zoning Board first

Richard Williams, Chair of the Town of Peru Planning Board, called the meeting of Wednesday, August 11th, 2010 at 7:00pm, to order.

ROLL CALL:

RICHARD WILLIAMS, CHAIR : PRESENT

DALE HOLDERMAN, VICE CHAIR : PRESENT

BETTY CORROW : EXCUSED

ADELE DOUGLAS : PRESENT

JOHN KANOZA : PRESENT

MARK ROBINSON : ABSENT

BENJAMIN WRIGHT : PRESENT

ERIC BLAISE (ALT) : ABSENT

PETER TROUT (ALT) : EXCUSED

ATTY. THOMAS MURNANE : EXCUSED

CEO: PAUL BLAINE : PRESENT

APPROVAL OF APRIL, MAY & JULY MINUTES:

The Board needed to postpone voting on July Minutes due there were not enough members present from that meeting. The Board was able to act on the April and May Minutes.

MOTION: Mr. Wright made a motion to approve the April Minutes. Second by Mr. Holderman. ROLL CALL: Mr. Holderman – yes, Ms. Douglas – abstained, Mr. Kanoza – yes, Mr. Wright – yes,

Mr. Williams – yes.

MOTION CARRIED.

MOTION: Mr. Wright made a motion to approve the May Minutes. Second by Mr. Kanoza. ROLL CALL: Mr. Holderman – yes, Ms. Douglas – yes, Mr. Kanoza – yes, Mr. Wright – abstained,

Mr. Williams – yes.

MOTION CARRIED

PUBLIC HEARING:

Mr. Williams stated to the audience that this is a seven member board and we need four positive votes to pass any type of action and because there is not a full board if an applicant would like to table their application they may do so. No applicant opted to table their application.

1. SITE PLAN REVIEW: ROY BEDARD

Construction of 4 Duplex Units on Davey Dr.

Ms. Douglas was assigned to this application. She explained the project. She stated this applicant also has an application for a Use Variance to be heard at the Zoning Board of Appeals Public Hearing being held on August 18th, 2010. It was established this was in “COM-1” ~ Hamlet Commercial Zone and according the site plan all the set backs for that zone are being met. Ms. Douglas went through the Short Site Plan Review Checklist all to the satisfaction of the Planning Board. Mr. Bedard was present to answer any questions. Mr. Bedard stated the project will be in two phases, the first phase to begin this fall and the second phase to begin in the spring of 2011. He said he is planning to construct two duplex units per phase. He also stated these units are to be rentals. Sidewalk, landscaping and paving were discussed.

MOTION: Ms. Douglas made a motion to approve the application with the following stipulations and conditions concurred by the Planning Board:

1. The Planning Board’s approval is contingent upon the approval of the Use Variance granted by the Zoning Board of Appeals to be heard on August 18th, 2010.

2. Installation of a concrete sidewalk; minimum of 4’ wide in front of the developed units on Davey Dr.

3. Retention of as many of the existing hardwood trees on the property as possible, and to plant trees every 25’ along the perimeter.

4. Landscaping and paving need to be completed prior to the occupancy of the 2nd phase.

5. Any signage to be installed needs to be brought back for approval from the Planning Board.

Second by Mr. Holderman.

ROLL CALL: Mr. Holderman – yes, Ms. Douglas – yes, Mr. Kanoza – yes, Mr. Wright – yes,

Mr. Williams – yes.

MOTION CARRIED.

2. SUBDIVISION & SEQR ADIRONDACK FARMS

2 Lot Minor Subdivision

Mr. Holderman was assigned this application however he asked Mr. Blaine to explain the proposed subdivision. Mr. John Rulfs, representing Adirondack Farms was present to answer any questions. Mr. and Mrs. Torrance were also present. Mr. Blaine took the floor and went through the slide presentation showing both parcel lay outs, making reference to the reason for the subdivision is simply to give the Torrance’s addition land to compensate for a proposed structure to be erected on the property in order to meet the setback requirements.

MOTION: Mr. Holderman moved to declare this an unlisted action and name the Town of Peru Planning Board as lead agency. Second by Mr. Wright.

ROLL CALL: Mr. Holderman – yes, Ms. Douglas – yes, Mr. Kanoza – yes, Mr. Wright – yes,

Mr. Williams – yes.

MOTION CARRIED.

Mr. Williams went over the SEQR; the Planning Board concurred there are no negative impacts.

MOTION: Mr. Kanoza moved to declare this a negative declaration. Second by Mr. Holderman.

ROLL CALL: Mr. Holderman – yes, Ms. Douglas – yes, Mr. Kanoza – yes, Mr. Wright – yes,

Mr. Williams – yes.

MOTION CARRIED.

MOTION: Mr. Williams made a motion to approve the subdivision subject to the condition that the proposed approximately 50’ x 520’ portion of Parcel #268.-1-21.3, shown on map provided by the applicant, be merged with Parcel #268.-1-21.1.

Second by Mr. Wright.

ROLL CALL: Mr. Holderman – yes, Ms. Douglas – yes, Mr. Kanoza – yes, Mr. Wright – yes,

Mr. Williams – yes.

MOTION CARRIED.

ANY FURTHER BUSINESS:

There was discussion of the Planning Board Application process. Currently, any applications that need to go before the Zoning Board of Appeals as well as the Planning Board come before the Planning Board first. It was established this process proves to be a time waster for both Boards as well as it can incur further possible expense to the applicant for filing fees. Mr. Blaine stated the Codes Office will comply with the requests of the Planning Board but stated as the Enforcement Official he has a responsibility to try and reduce any liability to the Town of Peru to include any possible law suits of discrimination thus he reiterated the importance of staying consistent to the process they put in place.

Mr. Williams made a motion from this day forward any applications that need to go before the Zoning Board of Appeals as well as the Planning Board must go before Zoning Board of Appeals first.

Second by Mr. Holderman.

ROLL CALL: Mr. Holderman – yes, Ms. Douglas – yes, Mr. Kanoza – yes, Mr. Wright – yes,

Mr. Williams – yes.

MOTION CARRIED.

In regard to last month’s discussion on membership and attendance concerns, Mr. Williams informed the Board that both Betty Corrow and Peter Trout have submitted their resignations. It was suggested the Planning Board submit a letter of recommendation to the Town Board to accept both resignations as well as to send both Ms. Corrow and Mr. Trout a letter of thanks for their service to the Town of Peru Planning Board. Mr. Williams stated he has tried numerous times to get in touch with Eric Blaise but has yet to hear back from him. It was suggested that the Board send a letter inviting Eric to become a full-board member rather than an alternate and depending upon his response, it was established the Planning Board secretary would advertise and post the vacant positions accordingly. It was also established the Planning Board secretary would compose the above mentioned letters for Mr. Williams’s approval.

CEO REPORT:

Mr. Blaine went over the Building Monthly Report with no questions or comments from the Board. He referenced the discussion from last month’s meeting pertaining to the Town encouraging more enforcement for violations. He stated he has received many complaints and they are in fact cleaning up the Town. He showed some slides of a structure at the intersection of Bear Swamp Road and Route 9 that is inhabitable and in such disrepair it is considered unsafe and they are in the process of having it removed from the property. He also referenced the removal of other structures and the issuance of letters to violators encouraging their cooperation in cleaning up their properties.

ADJOURNMENT:

Mr. Williams moved for adjournment.

All so moved.

Date filed with Town Clerk: 8/13/10 ~ dq