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Page 1 of 2 Village of Fair Haven Special Permit Hearing February 2, 2017 The hearing began at 7:00 p.m. Planning Board members present: Darrell Uetz, Larry Cosser, and Mark Cooper. Vivian Sciarabba was excused due to a prior engagement. Heidi Smalling was excused due to a conflict of interest and was present in the audience. Also present Clerk-Treasurer Terri DiGregorio, Clarissa Smalling, Tanner Brandt, Debra Rose, John Pupparo, Jim Basile, Hope Griffis, Steve Bolton, Carrie Bolton, Larry Hadcock, Suzanne Fralick, Karen Haas, Joan Brandt, David Brandt, Joshua Lanning, Bradley Lunkenheimer, Pete Lunkenheimer, Taylor Smalling, Alden Akins, Julie Akins, Robert Smalling, Carolyn Smalling, Rose Scribner, Fred Scribner, Otis Gagnon and Walter Krehling. Acting Chair Darrell Uetz introduced the board members and explained hearing procedures. Chair Darrell Uetz read letters submitted by neighbors, Tanner Brandt’s family, friends and customers. All letters are attached to these minutes. The following legal notice was read: Notice is hereby given that the Planning Board of the Village of Fair Haven will reconvene a public hearing on Thursday February 2nd at 7:00 p.m. at the Village Hall 14523 Cayuga Street to address the request of Tanner Brandt for a Special Permit to operate an automotive repair business at 527 Wilcox Street tax map #11.08-2-39. Meeting participants expressed comments and concerns in favor and against the proposed auto repair business in this agricultural-residential area. Comments were heard questioning the purpose of continuing the hearing for public comment when it was believed the reason for reconvening was to announce a decision. Some felt the applicant was misled in believing a positive outcome would be reached by following the correct steps. Tanner Brandt and his representatives clarified multiple vehicles would not be parked on the property awaiting repairs. One vehicle at a time would be diagnosed inside the garage. A berm is planned around the property for privacy and to accommodate the neighboring property owner’s view of the garage. It was explained; the reason for not pursuing the purchase of other buildings formerly known for auto repair was due to information that environmental testing would have to be performed that could be very costly. Tanner’s father, David Brandt, stated someone has to be accountable for misleading Tanner. A lot of money was spent to purchase the storage building at 527 Wilcox St. under the pretense that he would be allowed to operate an auto repair business at that location. Village Attorney Chris Palermo stated he is present at the request of the Board of Trustees to interpret Village of Fair Haven law regarding this specific request. He stated it is the obligation of the planning board to hear special permits, referring to § 150-40. Powers and duties of Planning Board Special permits. However, each district has its own set of requirements for uses allowed by special permit within the village, whether it is central business district, residential district, bay front district or agricultural residential district. Attorney Palermo went on to state it doesn’t matter if the proposed is a benefit to the community or if the neighbors are against it. An automotive repair business in the agricultural residential district is simply not an allowed use by special permit referring to § 150-8. Uses permitted. He informed the Mr. Brandt an application for a use variance through the Zoning Board of Appeals would have been the appropriate approach. Another approach would be to ask the Board of ---PAGE BREAK--- Page 2 of 2 Trustees to revise the law and add auto repair business to the list of uses required by special permit in that particular district. After all comments were heard, Chairman Uetz closed the hearing and asked for a motion to approve the request for a special permit. On a motion by Mark Cooper and a second by Larry Cosser the special permit to operate an automotive repair business at 527 Wilcox Street was denied. Voting on Resolution Yes No Absent/Abstained Mark Cooper [ ] [ ] [ ] Larry Cosser [ ] [ ] [ ] Vivian Sciarabba [ ] [ ] [ ] Heidi Smalling [ ] [ ] [ ] Darrell Uetz [ ] [ ] [ ] MINUTES: The minutes from the January 19th hearing were approved on a motion by Larry Cosser and a second by Mark Cooper. All aye, motion carried. ADJOURNMENT: The meeting was adjourned at 8:07 p.m. on a motion by Larry Cosser and seconded by Mark Cooper. All aye, motion carried. Unapproved minutes respectfully submitted. Terri M. DiGregorio Clerk-Treasurer