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Regular Meeting – December 20, 2017

  Town of Homer Planning Board

Minutes for Wednesday, December 20, 2017 at 7:00pm

Board Members  (absent *)                                       Others Present

Eugene Wright, Chairman                              Lindsay Andersen, Recording Secretary

Michael McMahon                                         John Daniels, CEO*

Betsy Gray                                                       Pat Snyder, Attorney

Bruce Crandall*

Stuart Young

Chad Butts

Michael May

Public Attendance:  Attorney Matthew Neuman, Erwin Boyden, Denise Boyden and Megan Neuman

Public Hearing

Chairman Wright opened the public hearing for an application by Erwin Boyden for subdivision approval to divide a 5.0-acre parcel into 2 parcels of approximately 2.55 acres and 2.45 acres, located at 5753 East Homer-Baltimore Road.

Attorney Matt Neuman stated he was present to represent Erwin Boyden. Attorney Neuman presented a proposed map for the board members to review. Attorney Neuman stated that the Boyden’s grandson plans to build a new home on the lot marked as D2.

Chairman Wright stated a letter was received from the county planning department, which stated the request is technically adequate and has no state or countywide impact. The request was being returned for local determination.

Chairman Wright then asked Attorney Snyder to read the letter, which stated “as long as the applicant obtains a waiver from the County Health Department, since the proposed lots do not conform to the County Health Department’s minimal dimensional requirements (300ft. by 350ft.) for lots using an individual private well and septic system”.

Attorney Neuman explained the proposal and there were no further questions or comments from the public, and the public hearing was closed.

Regular Meeting

Chairman Wright opened the regular meeting for review of an application by Erwin Boyden for subdivision approval to divide a 5.0-acre parcel into 2 parcels of approximately 2.55 acres and 2.45 acres, located at 5753 East Homer-Baltimore Road.

Member Butts questioned Attorney Neuman regarding the 55 feet of road frontage that is proposed as a width on the presented map. Member Butts stated that there is a 300’ minimum requirement in the Zoning Law and the Zoning Law states a variance would be needed.

Chairman Wright asked if the 300 feet minimum would be a requirement if the acreage were met. Attorney Snyder stated it appears the 300 feet came from a County Health Department requirement and feels a variance would be needed. There is no specific road frontage requirement in the zoning at this time.

Attorney Neuman stated they would begin the variance application process.

Member McMahon made the motion to ask the Chairman to review the short environmental assessment form. Member Gray seconded the motion. With all members in favor saying, “aye”, none opposed and none abstained. The motion was carried unanimous 6,0,0.

Chairman Wright read all questions on the short environmental assessment form and all questions were answered no.

Member May made the motion to declare a negative declaration under SEQR. Member McMahon seconded the motion. With all members in favor saying, “aye”, none opposed and none abstained. The motion was carried unanimous 6,0,0.

Member McMahon made the motion to declare a minor subdivision and approve the subdivision contingent the applicant is granted a variance by the Zoning Board of Appeals for the 300’ minimum lot size. Member May seconded the motion. With all members in favor saying, “aye”, none opposed and none abstained. The motion was carried unanimous 6,0,0.

Chairman Wright advised the applicant to submit a $50 public hearing fee, a $50 application fee and a $50 lot fee to the Homer Town Clerk.

Adjournment

The meeting was adjourned at 7:35pm.

Lindsay M. Andersen, Recording Secretary