Planning Board of the Village of Aurora
Aurora, New York 13026-9790 

Minutes
May 27, 2015

Present:  Planning Board Members; Patricia Bianconi, Chair; Pam Sheradin, 						Michele Murphy, Patricia Foser and Frank Zimdahl 
				  
Also Present:  Village Residents:  David Brooks, Laura Holland,
			 Robert and Bettina Arleo.
		Deborah Brooks, Deputy Village Clerk
		Thomas Blair, Village Attorney
		J. Patrick Doyle, Village Zoning Inspector
		Thomas & Maralee Gunderson
		Adam VanBuskirk, Applicant’s Attorney

Chairwoman Bianconi opened the monthly meeting at 7:00 PM.  

	Approval of Minutes-

		On motion by Ms. Murphy, seconded by Mr. Zimdahl, the Planning Board voted to accept the Minutes of April 22, 2015.  Motion Carried 5:0.

	Changes to the agenda:  Chairwoman Bianconi noted that there were no changes.

 	Announcements – Ms. Brooks reminded the Board of the upcoming Joint Public Hearing with the Planning Board on June 3, 2015 at 7:00 PM, to hear comment(s) on Application #15-11 for Demolition of house at 513 Main Street by new owners, Robin Driskel and John Haggerty.	 

	Visitor Recognition – no comments
	
	Old Business:

	 Application # 14- 43 from Tom Gunderson, (Tax Map #182.17-1-4.2), located at
287 Main Street for continued discussion of the site plan for a Special Use Permit for excavation to place an accessory structure on the property.
 	
	Chairwoman Bianconi read aloud a letter issued to the Village Planning Board from Attorney VanBuskirk (see Attached) requesting that the Board review his client’s application and requested a favorable decision at this meeting.

	Chairwoman Bianconi noted the following discrepancies in his letter:
	  1] stating that the application was “tabled” and the minutes reflect the applicant “suspended” the application until further information could be gathered.
	  2] stating that the date of “February 25, 2015” was incorrect and noted that it was March 25. 2015.

Chairwoman Bianconi read aloud the following timeline of events to the Board so as to put into perspective how the file has progressed until now:

Application #14-43 - Tom Gunderson Special Use Permit for excavation and Site Plan 
Review 
1.	Application received 12/21/2014. 
2.	Sketch plan conference held with Planning Board 12/29/2015. 
3.	Application forwarded to CPP - Certificate of Appropriateness issued 
01/07/2015. 
4.	Determination dated 02/1612015 - Caboose is an Accessory Structure. 
5.	Revised Site Plans submitted 02/16/2015 with two options for placement of the 
structure. 
6.	Short EAF (SEQR) Part 1 submitted by applicant 02/18/15. 
7.	Map provided by Kurt Wilmot, Aurora Superintendent of Public Works on 
02/25/2015 indicating location of Village sewer mains under or in close proximity 
to proposed locations of structure. 
8.	Received letter 02/25/2015 from neighbor McGuire noting concerns with 
proposed location of the caboose. 
9.	At the February 25, 2015 Planning Board Meeting, during Site Plan Review, the 
application was tabled until a determination is made on the proximity of the 
structure in relation to the existing Village sewer lines. 
10.	Received letter 03/06/2015 from neighbor Arleo noting concerns with proposed 
location of the caboose. 
11.	Received letter 0311712015 from Kurt Wilmot, Aurora Superintendent of Public 
Works stating that due to the 9 foot depth of the sanitary sewers, it would be 
highly unlikely that any damage would occur if the caboose was placed on or near 
these pipes. 
12.	Letter dated and received 03/25/2015 from Kenneth Teeter, PE, Village Engineer, 
recommending that no structures be placed above or within the immediate 
proximity of the existing sewer main. He indicates that placement of structures 
above or within immediate proximity of the existing sewer main would be 
improper and prevent adequate access for future maintenance and potentially put 
other portions of the sewer system at risk. He recommends a 20' area be 
maintained for maintenance of the sewer main (10' on each side of the line). 
13.	Village Planning Board Chair Bianconi and Zoning Inspector met with Tom 
Gunderson on 03/25/2015, prior to scheduled Planning Board Meeting, to share 
Village Engineer's concerns with placement of the structure on or within close 
proximity of the sewer main. At this time, Tom Gunderson requested that his 
application be suspended until a later date, to consider his options on how to 
proceed with the application. 
14.	No action was taken on the application at the March 25, 2015 Planning Board 
Meeting, as the applicant had requested the application be suspended until further 
notice. 
15.	In a letter dated May 1, 2015, and received by the Village on May 4, 2015, Mr. 
Gunderson's attorney requested that the review of the application be completed 
and a decision made at the May 27, 2015 Planning Board meeting. 

	Chairwoman Bianconi asked Mr. Gunderson for the following clarification:
		1] if the bathroom facilities were still part of this project?   She noted at the Sketch Plan conference on 12/29/14, that Mr. Gunderson stated “the caboose would be equipped with a bathroom, but not kitchen facilities”. The application states―Accessory Building: Playhouse with sleeping accommodations for four (4).  
	Mr. Gunderson answered that he had spoken to Code Officer Mick Piechuta last week and will only install electric service to the caboose.  There will be no water or sewer.
		2] how will the caboose reach the location on his property?  Mr. Gunderson responded that the caboose would be trucked into the driveway using temporary tracks then lifted from the driveway to the site using a crane.

	Ms. Foser asked if the McGuire family agreed to the use of their driveway.  Mr. Gunderson responded that he has spoken to them and told them he will repair any damages that might occur.
	Attorney Blair noted that the driveway right-of-way issue was between the property owners and not a concern for the Village Planning Board.

	Mr. Zimdahl pointed out the criteria as written in the Village Zoning Law Section 405.  He reviewed each item with his concerns for the placement of a “vehicle” on this property when the Zoning Law in paragraph 3 item #f doesn’t allow for this and reminded the Board of the concerns of the adjoining neighbors. 
	
	The Board reviewed the February 16, 2015 letter from the Village’s Code Officials regarding their determination that the caboose meets the definition of an Accessory structure. (see attached)
	 Mr. Zimdahl, Ms. Foser, Ms. Murphy & Ms. Sheridan all disagreed with the Code Officers findings.  Chairwoman Bianconi asked Attorney Blair for advice on this.  Mr. Blair stated that the Board would have to state defined reasons for their decision if they denied the file.
	
	Ms. Murphy also added that she felt the March 25, 2015 letter from the Village Engineer, Kenneth Teter, was a valid point.  She noted that he recommended that the caboose or any other item should not set upon or near any water/sewer services.

	Ms. Sheridan voiced her concern for placing a “vehicle” whether a caboose, airplane, tractor trailer container or school bus on a private property within a residential zone.  She did not wish is set a precedent.  Attorney VanBuskirk felt this was a farfetched idea.

	Further discussion was had by the Board on the old railroad station being turned into a home.  Chairwoman Bianconi reminded the Board that the CPP had issued a Certificate of Appropriateness on January 7, 2015.  

	Mr. Zimdahl asked that it be included on the record that he felt the letter from Attorney VanBuskirk was threatening and very inappropriate when the applicant has the right to go to the Zoning Board of Appeals if he disagreed with their decision.

	The meeting adjourned for 15 minutes at the request of Attorney VanBuskirk so he could discuss issues with his client outside at 7:30 PM.

	Chairwoman Bianconi reconvened the meeting at 7:45 PM.  Attorney VanBuskirk asked the Planning Board to render a decision “either way”.

	Chairwoman Bianconi asked the Board for a motion to vote. Mr. Zimdahl moved that the Board should vote with Ms. Murphy seconded. Discussion: Mr. Zimdahl again noted Section 405 #3f and setting the caboose on the Village Sewer Line. 
	 Ms. Foser asked for clarification of location: Option 1 or Option 2.  Mr. Gunderson said that Option 2 was “off the table”.
	Chairwoman Bianconi asked if the Board was ready to vote on Mr. Zimdahl’s motion.  Roll call vote:  Zimdahl aye; Foser aye, Murphy aye, Bianconi aye and Sheridan aye,   Motion to vote carried 5:0.

	Chairman Bianconi asked for a motion to accept or deny application #14-43.

	Pat Foser moved to deny application #14-43 for a Special Use Permit on the following reasons:

	1] that “vehicles” are not allowed in the Zoning Law Section 405 P1 #3-F: 
     “An unattached accessory structure shall not be a building, structure, or other assemblage of materials designed for, or customarily used as, a principal structure allowed under this law; nor shall an unattached accessory structure be a vehicle or a container primarily intended for commercial storage or transportation of goods, animals, or people.”

	2] that the “vehicle” would be too close to the Village Sewer Line, as in the written recommendations of Village Engineer Kenneth Teter dated March 25, 2015.

	3] that the concerns of the adjoining neighbors’ complaints should be considered that were presented to them in the Public Hearing held on February 25, 2015.

The motion was seconded by Mr. Zimdahl. Roll call vote was as follows:	
	Frank Zimdahl     deny
	Patricia Foser      deny
	Michele Murphy   deny
	Pamela Sheridan   deny
	Patricia Bianconi   deny		Motion Carried 5:0.

	Attorney Blair informed the room that with this denial the next step would be that the Chair of the Planning Board will write a letter to the Zoning Inspector who will issue a letter of denial to the applicant.  The applicant will then have the opportunity to appeal the decision to the Zoning Board of Appeals.

 	The next meeting on will be held on June 24, 2015 at 7:00 PM if necessary.
	
	Ms. Foser moved adjournment at 7:50 PM.  The motion was seconded by Ms. Murphy.    Motion carried 5:0.

Respectfully submitted,

Deborah M. Brooks
Deputy Village Clerk