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Village of Fair Haven Special Permit Hearing January 19, 2017 The hearing began at 7:00 p.m. Planning Board members present were Darrell Uetz, Larry Cosser, Vivian Sciarabba and Mark Cooper. Heidi Smalling was excused due to a conflict of interest and was present in the audience. Also present Clarissa Smalling, Tanner Brandt, David Debra Rose, John Pupparo, Jim Basile, Sue Stanistreet, Hope Griffis, Judy Dunaway, Steve Bolton, Carrie Bolton, Larry Hadcock, Amy Hadcock, Priscilla VanDyke, Suzanne Fralick, Mike Hanford, Susan Gateley, Chris Gateley, Karen Haas and Dan Larson. Acting Chair Darrell Uetz began by explaining hearing procedures and read the following legal announcement: Notice is hereby given that the Planning Board of the Village of Fair Haven will hold a public hearing on Thursday January 19th at 7:00 p.m. at the Village Hall 14523 Cayuga Street to hear 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. A communication was read by Chair Uetz from Village Attorney Christopher Palermo regarding the hearing. A letter of support from the Fair Haven Area Chamber of Commerce was submitted by Tanner Brandt and read aloud by Mark Cooper which is attached to these minutes. Chair Uetz read a letter from Wayne Wall against Mr. Brandt’s proposal which is attached to these minutes. Chair Uetz referenced the Village of Fair Haven Code, Zoning as there appears to be much confusion on whether this request should have gone to the Zoning Board of Appeals for a decision or remain with the Planning Board for a decision. The following was considered: §150-29 Zoning Officer The provisions of this chapter shall be administered and enforced by the Zoning Officer, who shall be appointed by the Trustees, or his duly appointed assistant. It shall be the duty of the Zoning Officer and he shall have the power to: c. Receive applications for special permits and forward these applications to the Board of Appeals for action thereon. d. Following refusal of a permit, receive applications for appeals from alleged error of the Zoning Officer and variances and forward these applications to the Board of Appeals for action thereon. §150-40 Powers and duties of the Planning Board A. Special Permits The Planning Board shall hear and decide upon application for special permits for any of the uses which this chapter requires the obtaining of a special permit from the Board. The Board shall take action on said application within 45 of its receipt. Tanner Brandt explained his automotive education and experience. He informed the Board and his neighbors regarding his plans that he would run a clean shop without cars parked around it. Tanner stated a lot of diagnostics are done these days with a computer and there is no need to have clutter around the shop. The trees that were removed were rubbing up against the pole barn. He, in fact, had plans to build a home next to his proposed business at a later date. It was also explained by his girlfriend, Clarissa Smalling, they had approached a Zoning Board of Appeals member for advice and were told to apply for a special permit as a use variance which would go before the ZBA was a ---PAGE BREAK--- difficult process. Heidi Smalling, speaking for Mr. Brandt, explained how Tanner had visited business locations that had previously been used for auto repair in the past to find they were no longer adequate, asking more than he could afford or did not want to sell. She went on to explain Tanner had sought advice from Code Enforcement Officer Stan and believed he had followed all of the correct steps to accomplish his goal. From that point attended two previous planning board meetings and followed all instructions. Many people spoke against the proposal to have an automotive repair business in their neighborhood. They did not like the fact that many trees were removed which now reveals a view of the garage from all angles reducing privacy. Fear of spoils leaching into the creek nearby was of great concern. Noise levels and odors coming from an auto repair business in a residential area are unwanted. Neighbors stated this does not fit the criteria of a home occupation. A common concern by most of the neighbors was why Tanner did not visit them and ask for input before purchasing the property with the pole barn. Most of the neighbors agreed this type of business is needed but not in their neighborhood. Zoning Board of Appeals member, Susan Stanistreet, pointed out the Planning Board is not a legislative body and cannot create law. She stated the law would have to be amended to list the use of an automotive repair business in a residential agricultural district. This would be a task that would go before the Board of Trustees. Chairman Uetz agreed the ZBA could entertain the granting of a use variance for this type of request. Code Enforcement Officer Stan was not present at the hearing due to an illness but was reached and placed on speaker phone for his input. He was asked the process of how this request got to this point. Stan explained he had visited the site in question and spoke with Planning Board member Heidi Smalling who advised him that she believed Tanner would need a special permit to open an auto repair shop in an agricultural residential area. Mr. told the applicant and his family he would have to research this proposal as this situation had not been before him in the past, but believed Heidi was correct in her assessment as she had been a Village of Fair Haven Planning Board member for many years. Stan stated the whole process evolved in that direction. At first he wasn’t sure if it should go before the Planning Board or the Zoning Board of Appeals. Two weeks ago after a conversation with Village Attorney Palermo he then realized it should have gone to the ZBA for use variance. At that point the hearing had already been schedule and advertised. A decision was not reached as the Planning Board will meet again on February 2nd at 7:00 p.m. to further discuss this case. Village Attorney Chris Palermo and Code Enforcement Officer Stan will be contacted in hopes they can attend this meeting. The meeting was adjourned at 8:30 p.m. on a motion by Larry Cosser and seconded by Mark Cooper. All aye, motion carried. Approved minutes respectfully submitted. Terri M. DiGregorio Clerk-Treasurer