May 3, 2016

Time: 7:38pm. Fred Walker called the meeting to order.

Present: Fred Walker, chairman; William VanDeWeghe, David Vinke, David Knight, Dan Brooks, John Cornell and Carrie Deming.

Minutes: Fred Walker asked the board if there was any discussion about the minutes of December 1, 2015.
No discussion.

John Cornell moved to approve the minutes. Carrie Deming seconded.

All in favor. None opposed. Motion carried. Minutes approved.

New Business: Fred stated that there is one item on tonight’s agenda.

7:39pm – Planning board recommendation to Zoning Board of Appeals — Application A-1-16:
Special Use Permit for Robert Kase to establish two studio apartments in the west, front building of the migrant camp, 3833 Walworth-Marion Rd. Fred Walker read through the application and noted that it is zoned L-R. The agricultural statement was filled out and there is no effect as the application is to change only the interior of the buildings. It was also noted on the application that the total acreage to be affected is 5.3 acres.

7:42pm – Dave Vinke stated there was sewer service to the site.

7:43pm – Fred Walker noted that it will be the responsibility of the Zoning Board of Appeals to fill out the impact assessment form.

7:44pm –John Cornell stated we should be very specific in our recommendation to the Zoning Board to only allow for one building to be converted into apartments.

David Knight voiced his concern that this could provide a ‘foot in the door’ for Mr. Kase to convert the remaining buildings into apartments at a later date. David is opposed to the approval of the application, noting that the proposed corner is a valuable resource for the Town.

David Vinke stated that we need to clearly specify that the permit would apply to only one building.

Dan Brooks noted that the application is for the entire 5.3 acres of property, which includes all of the buildings.

7:47pm – Fred Walker noted that he spoke with Gary Lau (town code enforcement officer), and Ron Lonneville (town councilman). Neither person found issues with approving the application.

7:48pm – David Knight stated he remains opposed to approving the application, for the reasons that he stated earlier, regardless of adding stipulations.

John Cornell stated that he does not see Mr. Kase taking the steps to convert the remaining buildings to apartments. Making this a commercial property would be easier.

Fred Walker stated that Mr. Kase’s reason for creating the two apartments would be to provide income to pay the taxes in the interim of finding use for the property.

Carrie Deming stated that she sees no issue with the application as long as there are stipulations.

7:53pm – David Knight suggested possibly having the applicant subdivide the property to take away potential of the application be applied to other buildings on the property.

Dan Brook likes the idea of the buildings being used for something, but is uncomfortable approving the application as it stands, with regard to the entire 5.3 acres in the parcel.

7:55pm – Fred Walker cautioned that a recommendation of disapproval to the Zoning Board must be clearly spelled out to promote the understanding of preserving the parcel for future business use.

Dan Brooks stated he would have liked to have had a chance to speak with the applicant regarding all the issues in making the decision regarding the land.

7:59pm – David Vinke thinks we should recommend “no” because it should be approved as a commercial lot to promote future business.

David Knight stated if this is approved now, it will be grandfathered in, when the lot is rezoned commercial. That would be against the future planning of the Town.

8:09pm – Dan Brooks agrees with the idea of more apartments in Marion. He thinks that establishing apartments at this location is not a good use for this particular property.

8:12pm – Dan Brooks moved to recommend disapproval of the application to the Zoning Board of Appeals.
David Knight seconded the motion.

The list of concerns for denying the application includes:
— This will be a ‘foot in the door’ for the applicant to renovate the remaining buildings into apartments at a later time.
— The Town should preserve the land’s potential for commercial use, consistent with the strip on Route 21.

A note will be added to the recommendation to the Zoning Board of Appeals that the applicant was not present to discuss the application with the Planning Board.

8:16pm – Fred Walker called for a vote on the motion to recommend disapproval of the application to the Zoning Board of Appeals. All Approved. None opposed.

The Planning Board unanimously recommends disapproval of the application.

8:24pm – William VanDeWeghe said it is important that in our recommendation the Planning Board we state other options for the applicant instead of a flat out “no.” Dan Brooks agreed that alternative options need to be in the letter of recommendation.

8:27pm – Fred Walker asked if the board members had any additional questions or comments.
At this time there are no additional questions or comments.

8:39 pm– Fred Walker asked if there was any additional business to discuss. No additional business.

William VanDeWeghe moved to adjourn. John Cornell seconded. Meeting adjourned.

Respectfully submitted,
Angela Patterson, Secretary
Town of Marion Planning Board