RECORDS OF PROCEEDINGS

Minutes of            ANDOVER VILLAGE PLANNING COMMISSION     Meeting

Held                                    28 August 2002

The Andover Village Planning Commission met on Wednesday, 28 August, 2002 at 7:00 PM.  The meeting was called to order by Chairman Ronald Pumphry.

Member Present:                Diana Hammer

                                        Mayor Bernard Baranowski

                                        Chairman Ronald Pumphry

Members Absent:                Kenneth Stevenson

                                        Robert Smith

Audience:                        Glenn Slusher - Council Member

                                        Cloie York - Zoning Inspector

                                        Robin Edison - Secretary to Administrator

Ronald Pumphry called the meeting to order at 7:00 PM.

Application #02-499 was submitted by Timothy Sypherd for his property located at 146 Oak Street.  The application was submitted for review because Mr. Sypherd wants to run a bike repair business in his garage.  He is seeking a conditional use.  The garage is attached to Mr. Sypherd's house.  After handing out a copy of the application to each member, it was noted that there was no information concerning the size of the proposed swelling or the lot description.  Cloie York stated that, because the garage is attached to the applicants home, she did not think that it was necessary for him to fill out all the measurement information.  Mr. Pumphry indicated that, according to the schedule of uses, the application could not be a conditional use.  He said that the application did not have an "X" in in the column of the zoning text where this type of business is allowed.  It is not allowed in a residential area.  The proposed applicant's home is in a residential area, not a commercial zoned area.  Mr. Pumphry also noted that, according to the Zoning Text, page 29, section 564, there has to be measurements on the application in order to be reviewed for conditional use.  Cloie stated that she was under the impression that the Planning Commission did not have to meet to review a conditional use application.  She said that under section 562, the Zoning Text states that "an application for conditional use shall be filed with the Zoning Board of Appeals".  She could not find where the section explaining the Planning Commission reviews says anything about the Commission meeting for a conditional use application.  The Mayor stated that the Planning Commission has always met and then disapprove it and turn it over to the Zoning Board of Appeals.  When asked if the business is now in operations, it was confirmed that it was.  Mr. Pumphry asked why the application is being considered under the old Zoning Text.  He said that we could wait until the new text is approved.  It basically states the same procedure.  Bike repair is still not listed under condition use in the new Zoning Text.  Mr. Pumphry said that Mr. Sypherd should be made aware of all the stipulations of a conditional use.  Mayor Baranowski said that Mr. Sypherd had contacted him and asked what the procedures were when obtaining a permit.  He was told that it has to go to the Planning Commission and be denied.  He will then have to get his information together to present to the Zoning Board of Appeals.  He would be notified of when a meeting is set.  Because there was not enough information to warrant a motion on this application, it was dismissed.

The Mayor indicated that this situation may create some problems with other businesses that have been operating out of homes for years.  Mr. Pumphry stated that, should the new ordinance be approved, it would grandfather those types of businesses in.

The discussion concerning day care operations out of residential homes was brought up.  It has recently come to the attention of the Zoning Inspector that there are a couple of women in town who are going through the procedures of being State Certified Day Care Providers.  Babysitters and Certified Day Care Providers must be thought of as two separate situations.  A State Certified Day Care is a business as it is funded through the State and it also has to follow certain State guidelines.  A babysitter is not monitored.  The new zoning ordinance indicates that a type "B" daycare would be allowed.  Cloie indicated that the individual is going to be a type "B" daycare provider.  She could only have 6 kids or less.  The six includes her own children if they are under a certain age.  The old zoning ordinance states that daycare is not allowed at all.  The Mayor indicated that the day care provider needs to show the Village proof by way of State Certification that they are regulated under the State.  This would prevent spot checking.  According to the current zoning text, day care is only allowed in commercial 1 and 2 areas.

The Mayor said that the individual should wait until the new ordinance comes into effect if she wants to be a State Certified Day Care Provider.

The meeting was adjourned at 8:30 PM.