TOWN OF NORTH HARMONY
SEQR & PUBLIC HEARING CITADEL SERVICES SPECIAL USE PERMIT
FRIDAY April 29, 2022, 6:00 PM
ROBERT YATES, SUPERVISOR PRESENT
DICK SENA, COUNCIL PRESENT
LOUISE ORTMAN, COUNCIL ABSENT
STEVE SENSKE, COUNCIL PRESENT
MIKE PFEIL, COUNCIL PRESENT
OTHERS PRESENT: Stephanie Gibbs, Dep. Town Clerk; Brad Lawson, Zoning CEO; Dale Robbins, Attorney; Karen Peden
PLEDGE
- SEQR & PUBLIC HEARING – SPECIAL USE PERMIT REQUESTED BY CITADEL SERVICES. INC. TO USE EXISTING STRUCTURE FOR BUSINESS OFFICES AND STORAGE.
- MOTION # 66-2022
MR. PFEIL MOTIONED TO OPEN THE SEQR FOR A SPECIAL USE PERMIT REQUESTED BY PETE & KAREN PEDEN, CITADEL SERVICES. INC. TO USE AN EXISTING STRUCTURE FOR BUSINESS OFFICES AND STORAGE AT PROPERTY LOCATED AT 2118 MAGNOLIA AVE., ASHVILLE, SPECIFICALLY SEC. 348.11-1-21 IN THE C-1A DISTRICT WHICH EXCEEDS 5,000 SQ. FT. AT 6:00 PM. MR. SENSKE SECONDED. YES (4): SENSKE, PFEIL, SENA, YATES. NO (0). THE MOTION WAS CARRIED.
MR. SENSKE MOTIONED THAT THE TOWN BOARD TAKE LEAD AGENCY STATUS ON THE SEQR FOR A SPECIAL USE PERMIT REQUESTED BY PETE & KAREN PEDEN, CITADEL SERVICES. INC. TO USE AN EXISTING STRUCTURE FOR BUSINESS OFFICES AND STORAGE AT PROPERTY LOCATED AT 2118 MAGNOLIA AVE., ASHVILLE, SPECIFICALLY SEC. 348.11-1-21 IN THE C-1A DISTRICT WHICH EXCEEDS 5,000 SQ. FT. MR. PFEIL SECONDED. YES (4): SENSKE, PFEIL, SENA, YATES. NO (0). THE MOTION WAS CARRIED.
Mr. Lawson said his reasoning for suggesting the short form SEQR was because the building already exists, just the occupancy is changing.
Mr. Robbins said his purpose for using the long form SEQR was because the regulations clearly state the change of use issuance of a Special Permit for that reason are items that can be dealt with under the long form SEQR.
Mr. Lawson said in the law passed in the C1-A district states “the purpose of the C1-A District is to create an opportunity for small commercial facilities to be integrated into a neighborhood setting in a manner that retains community character and establishes a balanced mix uses.” He said it is not listed as an allowed use, but he thinks that their company fell under what number thirteen was trying to say.
Mr. Robbins said in contrast to that he said that it states that professional offices must go through the Special Use Permit process.
Mr. Yates reviewed the Full Environmental Assessment Form Part I – Project & Setting. He asked if there were any questions.
- MOTION # 68-2022
MR. SENA MOTIONED FOR A NEGATIVE DECLARATION OF ENVIROMNEMTAL IMPACT ON THE LONG FORM SEQR FOR A SPECIAL USE PERMIT REQUESTED BY PETE & KAREN PEDEN, CITADEL SERVICES. INC. TO USE AN EXISTING STRUCTURE FOR BUSINESS OFFICES AND STORAGE AT PROPERTY LOCATED AT 2118 MAGNOLIA AVE., ASHVILLE, SPECIFICALLY SEC. 348.11-1-21 IN THE C-1A DISTRICT WHICH EXCEEDS 5,000 SQ. FT. MR. SENSKE SECONDED. YES (4): SENSKE, PFEIL, SENA, YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # 69-2022
MR. SENSKE MOTIONED TO CLOSE THE SEQR HEARING FOR A SPECIAL USE PERMIT REQUESTED BY PETE & KAREN PEDEN, CITADEL SERVICES. INC. TO USE AN EXISTING STRUCTURE FOR BUSINESS OFFICES AND STORAGE AT PROPERTY LOCATED AT 2118 MAGNOLIA AVE., ASHVILLE, SPECIFICALLY SEC. 348.11-1-21 IN THE C-1A DISTRICT WHICH EXCEEDS 5,000 SQ. FT AT 6:20PM. MR. PFEIL SECONDED. YES (4): SENSKE, PFEIL, SENA, YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # 70-2022
MR. SENA MOTIONED TO OPEN THE PUBLIC HEARING ON A SPECIAL USE PERMIT REQUESTED BY PETE & KAREN PEDEN, CITADEL SERVICES. INC. TO USE AN EXISTING STRUCTURE FOR BUSINESS OFFICES AND STORAGE AT PROPERTY LOCATED AT 2118 MAGNOLIA AVE., ASHVILLE, SPECIFICALLY SEC. 348.11-1-21 IN THE C-1A DISTRICT WHICH EXCEEDS 5,000 SQ. FT. AT 6:21PM. MR. PFEIL SECONDED. YES (4): SENSKE, PFEIL, SENA, YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # 71-2022
MR. PFEIL MOTIONED TO EXCEPT THE PLANNING BOARD MINUTES FROM APRIL 12, 2022, AND INCLUDE THEM INTO THE MINUTES FOR THE PUBLIC HEARING AS EVIDENCE. MR. SENA SECONDED. YES (4): SENSKE, PFEIL, SENA, YATES. NO (0). THE MOTION WAS CARRIED.
CITADEL SERVICES- Pete & Karen Peden(PLANNING BOARD MEETING 4/12/2022)
Mr. Peden said they are interested in purchasing the oldgrocery store in Ashville and would like to inform the town of their thoughts and plans for the property before they continue with the sale. He said they are Citadel Services which is a plumbing and heating company that is currently located on Washington Street in Jamestown. Mr. Peden said the property in Ashville is a great location to locate their offices. He said a lot of their work is subcontracted up through the Northeastern states for large retail clients, they dispatch services remotely to four or five states, and they have a local construction crew that come and get trucks every morning. Mr. Peden said as far as activity around the shop they only have one shop guy that maintains the vehicles, the property and keeps things organized. He said the facility was set up as a fire hall so they would have to make some interior modifications to set the offices up the way they would like to see them. He said they don’t get a lot of visitors, maybe one or two salesmen a month trying to get them to buy products and probably 2-3 semi deliveries a week. He said they don’t
hold a lot of equipment on the job site because they don’t get paid for it until it is installed so the primary use would be to house the offices and minimal storage. Mr. Peden said he would plan parking for the ball field to try to keep residents away from the site to make sure there is no liability. He said they plan on hanging a new sign and the sign would not be lit. Mr. Peden said he does not feel it is necessary to discuss finances since they have been in business since 2003 and have done large jobs and they are not afraid to travel and have grown in the past years. He said they are a family business and have roughly 22 people working for them, and they are always looking to grow.
Mr. Rice asked if he would have any outdoor storage.
Mr. Peden said they have 8 or 9 pickup trucks and about 2 service vans that would be parked at the property.
Mr. Rice asked if they would be stored at the property overnight.
Mr. Peden said yes, they don’t let the guys take them home.
Mr. Rice asked if they have a lot of activity coming in and out of the building.
Mr. Peden said no. He said they are conscious that there are residents on Ceder Ave., and he doesn’t think there will be any activity on that side of the building at all. He said they will plant trees there to form a barrier, so the neighbors don’t have to see theirbusiness. He saidthey will have 2 dumpster that are not huge and would be hidden. Mr. Peden said other than vehicles there will not be any outdoor storage.
Mr. Johnson asked if they have any large equipment.
Mr. Peden said the only to large equipment items they have are two large excavators and they are stored at his personal residency.
Mr. Rice asked if they had any plans for the outside of the building.
Mr. Peden said they will be doing some landscaping and as time passes, they will refresh the outside such as paint.
Mr. Rice said he is familiar with their building on Washington Street, and he feels it is very attractive.
Mr. Strand said he likes the plan and feels it will enhance the property.
Mr. Yates asked if they have purchased the property.
Mr. Peden said they have, contingent on if their plans are approved.
Mr. Yates said he personally thinks it is a great fit.
Mr. Rice said this property is a C1A and the purpose of the C1A is to create an opportunity for small commercial facilities to be integrated into a neighborhood setting in a manner that maintains the character and balances the mix of uses. Mr. Rice said he feels that their plan fits in well. He said it is not specifically listed in that district, but he feels that this would be a good use for the property and a resolution to a problem they may have in the future.
Mr. Johnson asked if the building is big enough for the offices they intend on putting in there.
Mr. Peden said yes, they will not need to do any expansions to the building.
Mr. Rice said he doesn’t have any issues with the storage of the trucks and the vans but if we are going to approve this use, he would like to put a provision that there will not be any outdoor storage of any equipment besides the trucks and utility vans that will be parked on site.
Mr. Lawson said the process right now, because of the size of the building it would go to the Town Board for a Special Use Permit. He asked if the Planning Board had enough information now to go forward and recommending it to the Town Board for a Special Use Permit.
- MOTION
- MR. STRAND MOTIONED TO RECOMMEND CITADEL SERVICES TO THE TOWN BOARD FOR A SPECIAL USE PERMIT WITH THE FOLLOWING CONDITION, NO MATERIALS MAY BE STORED OUTSIDE OF THE BUILDING LOCATED AT 2118 MAGNOLIA AVE. ASHVILLE, SECONDED BY MR. JOHNSON. YES (5) NO (0)
MR. SENA MOTIONED TO APROVE THE SPECIAL PERMIT REQUESTED BY PETE & KAREN PEDEN, CITADEL SERVICES. INC. TO USE AN EXISTING STRUCTURE FOR BUSINESS OFFICES AND STORAGE AT PROPERTY LOCATED AT 2118 MAGNOLIA AVE.,
ASHVILLE, SPECIFICALLY SEC. 348.11-1-21 IN THE C-1A DISTRICT WHICH EXCEEDS 5,000 SQ. FT. MR. PFEIL SECONDED. YES (4): SENSKE, PFEIL, SENA, YATES. NO (0). THE MOTION WAS CARRIED.
- MOTION # 73-2022
MR. PFEIL MOTIONED TO CLOSE THE PUBLIC HEARING ON A SPECIAL PERMIT REQUESTED BY PETE & KAREN PEDEN, CITADEL SERVICES. INC. TO USE AN EXISTING STRUCTURE FOR BUSINESS OFFICES AND STORAGE AT PROPERTY LOCATED AT 2118 MAGNOLIA AVE., ASHVILLE, SPECIFICALLY SEC. 348.11-1-21 IN THE C-1A DISTRICT WHICH EXCEEDS 5,000 SQ. FT. AT 6:29PM. MR. PFEIL SECONDED. YES (4): SENSKE, PFEIL, SENA, YATES. NO (0). THE MOTION WAS CARRIED.
TOWN OF NORTH HARMONY
TOWN BOARD MEETING
Friday April 29, 2022, 6:30 PM
ROBERT YATES, SUPERVISOR PRESENT
DICK SENA, COUNCIL PRESENT
LOUISE ORTMAN, COUNCIL ABSENT
STEVE SENSKE, COUNCIL PRESENT
MIKE PFEIL, COUNCIL PRESENT
OTHERS PRESENT: Stephanie Gibbs, Dep. Town Clerk; Brad Lawson, Zoning CEO; Dale Robbins, Attorney; Karen Peden
Mr. Yates brought the meeting to order at 6:30 PM.
- SALE OF TOWN PROPERTY (MITCHELL PROPERTY) – 3511 ROUTE 394, ASHVILLE, NY(APPROXIMATELY 3 ACRES AS SURVEYED, A PART OF SBL# 322.00-2-11.
Mr. Yates said the realtor is bringing the offer for Mitchell Property. He said they received an offer last week for $75,000 which inspired Mr. Owens to call an old offer of $105,000 and that gentleman offered $115,000. He said we have been for sale for a while, there isn’t anything on that property right now and it is a commercial property. He said he was in favor of accept the offer for $115,000 to put toward the dept of the new town building. Mr. Yates asked if there were any questions or comments.
Mr. Sena said he is in favor. He said he would like to see it back on the tax rolls, plus some future development is going to gain the town some more.
Mr. Senske asked if there were any contingencies to the sale.
Mr. Yates said no. He said the individual is purchasing it as an investment property.
Mr. Robbins said the only issue is they have closing scheduled for June 20th but because we have to do permissive referendum, we wouldn’t be able to close June 20th. He said he would suggest we change the closing dates.
Mr. Yates called John Owens. He said Mr. Owens will change the closing date to August 1, 2022.
- MOTION # 74-2022
MR. SENA MOTIONED TO AUTHORIZE THE SUPERVISOR TO EXECUTE ALL DOCUMENTATION ASSOCIATED WITH THE SALE OF TOWN PROPERTY LOCATED AT 3511 RT. 394, ASHVILLE, NY AND KNOWN AS THE MITCHELL PROPERTY (APPROXIMATELY 3 ACRES AS SURVEYED, A PART OF SBL#322.00-2-11) TO EQUITY TRUST COMPANY CUSTODIAN FOB JAMES M. HOJNACKI IRA, FOR THE SUM OF $115,000.00. THIS ACTION IS SUBJECT TO PERMISSIVE REFERENDUM. MR. SENSKE SECONDED. YES (4): SENA, SENSKE, PFEIL, YATES. NO(0).THE MOTION WAS CARRIED.
- MOTION # 75-2022
ON A MOTION MADE BY MR. SENSKE, SECONDED BY MR. SENA, AND NONE BEING OPPOSED THE MEETING WAS ADJOURNED AT 6:50 PM.
Stephanie Gibbs
Deputy Town Clerk
