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Board Members Present
Leigh Palmer, lnterim Chair
Board Members, Absent
Susan Ezrati, Board Liaison and Recording Secretary
Dave and Karen Cleaveland
Leigh Palmer was elected chair upon nomination by Michael Billeci. Leigh Palmer outlined the order of the meeting and the issues that would be covered.
First order of business was to review the SEQR form associated with the Harrar subdivision. The chairwent through the SEQR form line-by-line. He noted several changes. These are marked on the corrected form. There was a discussion of coverage, which included only the buildings. No road or driveway will be paved. A discussion of the fact that all of Tivoli is part of a National Historic Register took place. The attorney noted that the property might be over the Village aquifer. She informed the Board why this might be important to the determination of use for a property.
At the conclusion of the review of the SEQR form, the attorney noted that the Board was in the position to make a negative declaration concerning the environmental impact of the subdivision. Leigh then asked for a motion to declare that the environmental impact of the subdivision would be negative because,
- lt anticipates the building of a single family home.
- There is no anticipated degradation of vegetation or substantial cutting of trees,
- The village is providing access to water source and sewer disposal,
- And it would not negatively impact the historic district.
Mike Billeci moved the above cited motion and the motion carried unanimously.
Leigh then opened the public hearing at 7:53pm.
Dave Cleaveland,T2 Broadway, asked a question about the road frontage. Susan Rogers, of Feroe Avenue, asked how the Board knew that there were no endangered species on the property. The Board noted that to their knowledge there were none on the property.
After asking for additional comments and seeing none, the chair closed the public hearing.
The board then began to consider the site plan map.
The Village attorney, Chris Chale, asked about the condition regarding the location of the hook up for water and sewer. The condition on the site plan states that “Lot 1 will provide an easement for water and sewer access to Lot 2.” She noted that the location of the driveway would be a condition of the subdivision.
Leigh asked for the notarized driveway easement. lt will be recorded with the County concurrently with the site plan map.
Leigh asked for a motion to approve the subdivision subject to determination of the recreation fee, if applicable subject to the filing of the driveway easement. Granting of building permit will be conditional on successful filing of these documents. The motion was made. The board voted unanimously to approve the subdivision as indicated.
Todd Baright’s application, then, came before the board. Mr. Baright presented his site plan for conversion of a property that had been a restaurant to a private residence. He described the changes to the site plan that had been requested at the prior meeting to the Board.
The attorney asked several questions with respect to what the applicant is asking for. Note to the file: The site plan includes details unrelated to the applicant’s request. The Board noted that the detail of the driveway was included to make it clear how the house would be accessed. The parking remains the same. The handicap ramp is being removed. There was a discussion about whether or not a hearing is required and whether a site plan is necessary when the applicant is applying to revert the property to a private residence. Chris noted that the applicant is changing the site plan in conjunction with the change of use and that site plan approval requires a public hearing.
Ginger Grab, board member, moved that the Board approve a change of use for the property owned by TKB Properties, LLC at 5165 Rte 9G to a one family dwelling, for which no site plan approval is necessary in the RB district. This also means that the original site plan is no longer applicable. The original subdivision of the property, however, would remain applicable. The motion was seconded and approved unanimously.
Jake Stortini and Jesse Feldmus, 80-82 Broadway, appeared before the Board.
Leigh Palmer instructed the applicants that the ZEO had opined that the walkway on the Murray’s parcel has enough room for access if the stairway is elevated. This stairway needs to repaired in any event. The applicants have met with carpenters who have determined that it can be so constructed. Leigh continued with the discussion of access to the back of the building. Leigh confirmed that the second landing coming down from the balcony above would be 8′ above the walkway after the construction.
The CEO noted that in orderto achieve handicapped access, the route must be at least 3’wide and 8′ high. The applicants reviewed the site plan with the board. They described what the photos on the site plan show. They explained the drawing that describes how the stairs would be constructed. Six by Six posts will be used to support the rails and the stairs.
Leigh noted that because the owner has sufficient land at the side entrance and at the entrance to the back area, no easement is required from James Liu of OSAKA. Ginger Grab asked about the nature of the music. She asked for a clarification of the term “unamplified”. The Board sought clarification of what the nature of the music would be. Jake put the notes on the site plan word for word from the prior meeting. They are proposing speakers that are in-ground. Music will be at a level that does not require people to talk over the music. Ginger asks for specifics about how loud the music will be. The applicant stated that the kitchen will close at 10 PM. Total square footage of the patio will be approximately 2500 square feet.
Public Hearing – opened at 8:55 pm.
Ann Moore, Feroe Avenue, expressed concerns that although the 10 pm closing is in the Site Plan she noted that the Black Swan does not close before 10 pm. Karen Cleaveland’s concern also is the music. Amplified music is her primary concern. She noted that it depends on how loud it is played. Notconcerned if the establishment closes at 10 pm. Voices also create a problem.
Dave’s concern is that the lighting should not be bright. He also is concerned about voices after 10 pm.
Susan Ezrati read a letter from James Liu into the record. The letter is attached to the minutes.
The public hearing was closed at 9:L0 pm.
John Hallstein noted that the next owner may be tempted to change the rules. Leigh Palmer noted that the liquor license determines the hours of opening. Jake noted that because he is not applying for a general liquor license, but that his license requires the kitchen to be open while he is serving liquor.
Chris encouraged the Board to consider aspects of the site plan over which they would like to set limits.
Lighting. Lighting locations are on the site plan. Descriptions of the proposed lights (and pictures)are included in the application. All lights are solar. They are shielded lights which direct the light to the ground. There are also lights to light trees and bushes. The lights will not trespass on other properties.
Where will speakers be mounted? The speakers are mounted outside. No service after 10 pm.
Gates will be locked. Food will stop being served at 10 pm on the weekends, and at 9pm on weekdays.
The site plan is approved subject to following conditions:
- Lighting plan. The board wants existing lighting and new lights all to avoid shining on neighboring properties. The board is accepting the cut sheets and descriptions of the new lighting. The existing lighting should be shielded or modified so that it does not shine on a neighboring property.
- The sign is accepted as proposed, details of which are included in the file with the site plan mylar.
- Noise – decibel levels are restricted by the code. However, when it comes to describing the impact of noise, it should not be heard through a closed window.
- The music will be limited to recorded music that will be transmitted through in-ground low wattage speakers. The music will be turned off at 10 pm.
- Food, beer and wine service will be discontinued at 10 pm on week-ends and at 9pm on week days.
- There are gates which can be closed and locked to keep people off the back patio space when it is not open.
- Existing landscaping on the property will be required to be maintained as an element of sound mitigation.
- The staircase will be rebuilt to the specifications described on the site plan so that it will not encroach on the three feet of access for the walkway and eight feet of head clearance. Site plan is conditioned on obtaining a building permit forthe stairs, completing the project and being issued a C of O by the CEO.
- The existing off-street parking is sufficient as long as the indoor space and the outdoor space are not open at the same time.
The motion was moved by Ginger and seconded by Donna. Four members of the Board voted in favor. Mike Billeci voted “no.” He voiced concern that the patrons would not be leaving at 10:00 pm and that the noise would continue past 10:00 pm.
The meeting was adjourned at 10:40 pm.
Susan Ezrati, recording secretary pro-tem