Present: Scott Allen, Doug Allen, Tom Morrison, Tom Ferreri, Mert Bartels, Howard Jordan, Brian Gagne, Code Enforcement Officer Mario Fioravanti, Town Councilman Bill Hammond and MRB agent Mike Simon.
Chairman, Scott Allen at 7:30pm, called the meeting to order.
Anthony Villani / Town Attorney / Home Owners Association
Mr. Anthony Villani was present to address the board concerning Home Owners Associations and Home Owners Demines. Tony began by reading a section of the law that stated it was illegal to sell real estate where participation interests are present except with filing. He stated that this was very broad and just gave a basic framework of this law. Tony continued to reference information from the attorney general stating that all subdivisions with 4 homes sharing common elements needed to be filed. Tony referenced section 22.8 of the NY Code. He stated that the attorney general’s office could issue a no action letter, which would mean their office would take no action if failure to comply with filing occurs. Tony explained that a no action letter would only be given if 4 or fewer homes were involved. Tony explained that common interest equals common liability and notice must be given to prospective buyers of this liability. Tony explained that it is in the best interest of the Planning Board to require a Home Owners Association or CPS-7; it would be determined by the attorney general, which is needed. Mike Simon asked of the board was obligated to enforce this. Tony explained that the planning board is not liable for enforcing this law, however, it would be in the town’s best interest. Tony again stated that the Attorney General would not consider a no action letter on subdivisions involving more than 4 lots. Scott Allen stated that the Town should determine the maximum number of lots to be allowed on a private drive. Scott also asked if enough notations were being required on the subdivision maps. The town does not currently have a minimum number of lots required for a dedicated road. Norm Soucy stated that in his case he would have 3 houses on the private drive and he would maintain ownership if the drive through the deed. Tony explained that the statute does not care where ownership is maintained; it only cares about common use. Norm stated that he talked with the Attorney General’s office and was told he needed to file the CPS-7 for a no action letter. It was determined that Norm should file the CPS-7 and submit proof of filing to the planning board.
Owen Hynes / Mini Storage
Owen Hynes was present to address the board about the mini storage required in Gananda. He questioned why this is being required when the mini storage that already exists in the town is not full. Scott Allen stated that according to the zoning code for an NCD area, common storage is to be provided. Scott continued to explain that storage is needed in this area because the outside storage of boats and other recreational vehicles is prohibited in the NCD area. Scott explained that this is also a requirement of Home Properties through deed restriction. It should be required that he developer provide the storage area if they are placing these restrictions on the homeowners.
Gananda Partnership / Hance Rd / 43 Lots (Section 1 of 102 Lots) Subdivision
and Site Plan / Preliminary
Paul Schreiner was present to address the board with section one of the Pheasant Run Subdivision. Paul started by addressing the revised letter of comment from the Town Engineer. He stated that the pond has been sized. The developer is willing to provide lights at the intersections and coach lighting along the streets for each house. The swale was re-directed and the developer is working with the Evergreen Hills drainage situation. Paul also explained that the situation brought forth by Ken Nowrocki is being worked on between Dick Roets and the developer. Paul continued to explain that after conversations with the developer, he does not want to provide any street trees; he stated that the developer felt the landscaping being provided at he berms was sufficient. The developer has, according to Paul, had discussion with a second prospect for storage in the area but nothing has solidified from those discussions. Paul asked if it would be possible to receive a contingent approval tonight.
Mike Simon from MRB stated that he had just received the drainage report today and a full review has not yet been done. Mike continued to state that a specific number of trees is required for each lot according to code and the board may want to consider the type of tree being used; such as mixed evergreens along the buffer area. Currently no details are provided for the street lighting, however, this will be provided by RG&E. The board requested that Paul contact RG&E to find out what is appropriate for this type of residential area and present something to the board. The board also asked for them to keep with a fiberglass or metal style pole.
Mike Simon commented on the pond characteristics, noting that it is a wet pond with areas of open water and marsh areas. Mike felt this was a good use, however, has not reviewed in detail the storm water calculations. Mike stated that the industry is trying to move away from a pond that fills then drains due to the lack of water quality. This design allows for ample storage of water with areas of open water and areas of high and low marsh with different plant types. The board brought a question of the safety and maintenance. Mike responded that although this area will have deeper pools of water in areas they are usually harder to get to due to the vegetation in the marsh areas around the pools. As far as maintenance, Mike explained that this becomes a more naturalistic water feature and requires a lower degree of maintenance in the long run. A concern was brought about the discharge to the intermittent stream with a lack of a defined channel. It was stated that a definitive path was needed for the water. The board asked if they left a 100’ buffer due to the Army Corp Wetlands. Paul stated that this buffer was sufficient and the map is currently with DEC for review. It was restated that it was critical to get the water to Hance Rd. Paul Schreiner and Mike Simon will review drainage issues together in more detail.
Scott Allen questioned that planting of the center island. Paul Schreiner stated that is would be planted with grass and a sign would be placed. It was suggested by the board that landscaping be planned for this area either along the outside banks or within the center island. Paul stated that the island was 300' long and maintenance was an issue. Brian Gagne noted that the maintenance work being done currently by Gananda Partnership was inadequate. Doug Allen stated that it was important that the developer didn't get cheap at the last minute. Mike Simon stated that the island was important, as traffic calming element and the split entrance was also important for emergency reasons.
Scott Allen asked if the turn around had been reviewed with Dick Roets. Paul Schreiner stated that he could check with Dick, however, the other turn around located like this in Macedon was fine. Scott suggested that Paul also check with the school due to buses.
Scott asked what he timing for expansion in Walworth was. Paul stated that there was currently no plan.
Scott Allen also noted that with the prospect of a storage area, a fenced in area for the parking of boats and recreational vehicles would be an important part.
Discussion continued about the situation at Ken Nawrocki's property. A meeting was held on site and it was stated that piping needs to be done to correct this situation. Paul stated that during this meeting Rich had stated he would buy the piping needed if Dick Roets and the highway crew would do the installation. Paul stated that Rich will be talking to Dick again about this agreement, however, due to the cost of the pipe.
Howard Jordan stated that he liked the pond area but asked about he safety during the wintertime. Mike Simon stated that the amount of water in the pond area at that time should not cause concern.
It was stated that plans should be given to both Wayne County Water and Sewer Authority and Dick Roets for review.
A motion to grant preliminary approval based on this discussion and resolution of above issues was made by Tom Morrison seconded by Brian Gagne, all in favor. Tom Ferreri reminded that board that a comment was made that no further approvals would be granted until drainage issues were addressed. It was also noted that SEQR was done at the time of the rezoning on the property.
VanHout / Alderman Rd / Town Board Referral / SUP
It was stated that Mr. VanHout had cleaned up the site in order to appease the court and is now returning for approval of his Special Use Permit for a small masonry company including 3 employees, 2 trucks and material stockpiles. The site is located in an AR-40 zoning district. Doug asked if the flood planes and fill questions brought before the board at an earlier date were ever addressed. Scott Allen stated that he did not see the scope of the business being an issue but the filling of the flood plane certainly would be. The applicant would not like to construct a building at this time but may eventually. Scott Allen suggested that prior to brining in more fill the applicant have a plan done by an engineer to ensure that no wetlands or flood planes would be effected. The board directed the applicant to clean up the slopes as they are now and no further filling should be done with out a permit. Tom Morrison stated that the front buffering should be a minimum of 30'. Motion to give a positive recommendation to the Town Board with the following conditions 1) The existing fill area to be top soiled and seeded and no additional filling would occur without an engineer plan and approvals and 2) the buffer be a minimum of 30' in width was made by Tom Morrison, seconded by Mert Bartels, Howard Jordan abstained and everyone else was in favor.
Baldwin Richardson Foods Co. / 3268 Blue Heron View / Site Plan for
Kevin Solva of Baldwin Richardson Food Co was present to address the board with this application. An updated drawing was distributed to the board for review. He stated that Phase one would be a 14,000 square foot addition for warehousing and some manufacturing. This phase would also include widening the drive for better truck access. Phase two would include the addition of the driveway from Gananda Parkway and a 7000 square foot addition on the east side of the building for more warehouse space. Kevin stated that currently they truck products to a warehouse in Palmyra and by completing this addition that process would be eliminated. Kevin also stated that they were already working with the WCWSA and the town of Walworth. The existing sewer lateral would be relocated. Kevin continued by addressing the comments already received from the Town Engineer. He stated that currently 250' of woodlands acts as a buffering between the existing building and the church. Kevin also stated that they were already working with DEC. Kevin stated that the new road cut would be 500' from the Canandaigua Rd intersection and he will be in contact with the highway department. No additional loading docs are being proposed and no final grading plan is available yet. Kevin stated that only an additional 5 people for each shift would be needed and parking is currently adequate. The truck traffic should only increase by 5 trucks a day, spread over three shifts; this should not be a large impact. No more water would be used and drainage calculations would be submitted. Tom Ferreri questioned the additional waste. Kevin explained that several improvements have been made to the system and the current load is only 2%. Kevin explained that a 60% additional capacity was available. The board stated that the engineer should document the specifications for this and the water capacity due to the sprinkler system in the building on future plans to show adequacy. It was asked of comment had been made by the county on the curb cut. No comment has been made and Kevin stated that if the curb cut is not allowed the current traffic pattern would be maintained.
Valentine / 2263 Quaker Rd / 2 Lot Realty Subdivision
Daly / Barnes Rd / 2 Lot Realty Subdivision
Kemp / 2168 Canandaigua Rd / Small Business SUP
Fleischer's Bagels Inc. / 1688 N Wayneport Rd / Site Plan for Addition
Everdyke / Lawrence Rd / 1 Lot Site Plan
Bushart / Daansen Rd / 1 Lot Site Plan
Valentine / Creek Rd / 1 Lot Site Plan
Curry / 2471 Walworth Rd / Area Variance - Sections 135-61-B-4 and 135-62
Schedule 1 / Would like to build garage closer to lot lines than allowed
by town code
Planning Board offered no comment on this application
Terrore / 1049 Victor Rd / Area Variance - Section 135-68 Schedule 1
/ Would like to build a sunroom on the front of the house closer to lot
line than allowed by town code
Planning Board offered no comment on this application
OTHER PERTINENT BUSINESS
Bill Hammond stated that the Town Board had received an application for rezoning for the property behind Spinners on Wayneport Road and this would be referred to the planning board for review at the next board meeting.
It was also discussed that the master plan committee would get together to discuss issues for cluster developments so that guidelines can be established. Bill Hammond stated that he felt it was important that applicants for rezoning are aware of the issues and requirements for cluster developments at the time of rezoning so that they can be prepared when it comes time for the site approvals.
A motion to approve the minutes dated May 14, 2001 was made by Mert Bartels seconded by Tom Ferreri, all in favor.
Meeting was adjourned at 10:10pm.
Minutes respectfully submitted by
Building and Zoning Clerk