MEMBERS PRESENT included: Chairman, Scott Allen, Tom Morrison, Mert Bartels, Tom Ferreri, Howard Jordan, MRB Agent Mike Simon and Code Enforcement Officer Mario Fioravanti.  Absent were Members Brian Gagne and Doug Allen, and Town Councilman Bill Hammond.

Chairman, Scott Allen, called the meeting to order at 7:30 p.m.

Motion to waive the reading of the public hearing notice as it appeared in the “Times” was made by Mert Bartels and seconded by Tom Ferreri, all in favor.

PUBLIC HEARING

Regis / Alderman and Magog Rds / 1 Lot Site Plan / Preliminary and Final
Motion to open this public hearing was made by Tom Ferreri and seconded by Howard Jordan, all in favor.  The applicants were present to address the board.  No one else was present to speak for or against this application.  Motion to close this public hearing was made by Tom Ferreri and seconded by Mert Bartels, all in favor.

Heberle Chiropractic / Wayneport Rd / Home Occupation
Motion to open this public hearing was made by Tom Ferreri and seconded by Mert Bartels, all in favor.  The applicant was present to address the board.  No one else was present to speak for or against this application.  Motion to close this public hearing was made by Tom Ferreri and seconded by Mert Bartels, all in favor.

DeWitt / Kittering Rd / 2 Lot Realty Subdivision / Final
Motion to open this public hearing was made by Tom Ferreri and seconded by Mert Bartels, all in favor.  The applicant was present to address the board.  No one else was present to speak for or against this application.  Motion to close this public hearing was made by Tom Ferreri and seconded by Mert Bartels, all in favor.

Soucy / Route 31 (Immanuel Dr) / 2 Lot Site Plan / Preliminary and Final
Motion to open this public hearing was made by Tom Ferreri and seconded by Mert Bartels, all in favor.  Bob Seely was present to represent this application.  Al Vespucci of 1525 Immanuel Dr was present to ask where the second lot was located.  Bob Seely addressed Mr. Vespucci's question and explained that these would be the last two lots before the board for this property owned by Mr. Soucy.  No one else was present to speak for or against this application.  Motion to close this public hearing was made by Tom Ferreri and seconded by Mert Bartels, all in favor.

OLD BUSINESS

Regis / Alderman and Magog Rds / 1 Lot Site Plan / Preliminary and Final
The applicants were present to address the board; Mr. Newt Gowdy was not present.  Mike Simon reviewed the comment he had forwarded that were dated 9/6/01.  He stated that no formal response had been received from Newt Gowdy and no updated map had been submitted.  Mike stated that he needed to know the location of the wetland edge to be sure no construction was within the buffer.  Sue Regis stated that the wetland edge was in the NW corner of the property in the wooded area and according to Newt Gowdy the construction was plenty of room away from this area.  Mike Simon asked of Newt was planning on moving the driveway on the final plan.  Sue stated that she did not think the driveway was going to be moved.  Mike Simon stated that the driveway is currently 190' from the intersection and this was practical.  John Regis stated that the driveway location as shown is almost directly across from the Morrison Driveway across the road.  Mike Simon commented about contacting the WCWSA concerning the water service and he usually recommends that the septic tank is at least 1000 gallons.  The location of the barn was questioned but Sue clarified that the barn is to be removed and won't be shown on the final maps.  Sue also explained that the pond construction has been started and that according to Newt it is not located within the wetland area or buffer.  A motion to grant a negative declaration on SEQR was made by Tom Morrison seconded by Mert Bartels, all in favor.  Motion to grant preliminary and final site plan approval subject to all MRB comments being addressed and the submission of the corrected final plan was made by Tom Morrison, seconded by Mert Bartels, all in favor.

Heberle Chiropractic / Wayneport Rd / Home Occupation
Dr. Heberle was present to address the board.  She explained that this was the third house on the left from Route 31 going South on Wayneport Rd.  She told the board that the house is already set up for such a home occupation and the driveway was circular allowing for easy traffic access.  Dr. Heberle stated that the office would only be used for emergency visits at this time.  The board asked if she was planning on having a sign.  Dr. Heberle replied that if should could she would have a sign.  Mario told her that a 2'x2' sign was allowed.  Dr. Heberle explained that her main office is in Canandaigua and retains that office and would only be using this office for emergency visits.  She also stated that she is the only person in her practice.  A motion to approve this home occupation was made by Tom Ferreri seconded by Howard Jordan, all in favor.

DeWitt / Kittering Rd / 2 Lot Realty Subdivision / Final
Mr. DeWitt was present to address the board with this application.  He explained to the board that the Parcel B shown on the map would be one lot and Parcels A and C shown on the map would all be one parcel.  Parcel B would be approximately 15 acres and the combination of Parcels A and C would be approximately 10.8 acres.  Howard Jordan asked how much road frontage would be along the curve in the road.  Mr. DeWitt told the board approximately 95'.  A motion to grant negative declaration on the SEQR was made by Mert Bartels seconded by Tom Morrison, all in favor.  A motion to grant final approval of this realty subdivision as shown was made by Tom Morrison seconded by Howard Jordan, all in favor.

Soucy / Route 31 (Immanuel Dr) / 2 Lot Site Plan / Preliminary and Final
Bob Seely was present in representation of this application. Bob Seely reviewed the MRB comments from Mike Simon.  He also stated that on 9/17/01 a meeting was held on site to discuss the water situation.  Bob stated that due to lack of planning for this site a water main has not been run.  He stated that at this point it would not be cost effective to do this, however, each home has an individual water line from the meter at the road.  Bob stated that the WCWSA wanted to make sure the homeowners knew that they were responsible for the maintenance of the water line from their residences to the meter.  Bob also stated that the driveway is now paved, 2 lanes, for a total of 18' wide with shoulders.  Bob told the board that he has not yet heard anything about the homeowner's association paperwork that was submitted.  Bob also noted that due to the heavily treed area on lot AR-1-4 the deep hole is not located near the perks.  Bob stated that they did not want to destroy the trees.  Mike Simon stated that this was not that far away and was acceptable.  A motion to grant negative declaration on the SEQR was made by Mert Bartels seconded by Howard Jordan, all in favor.  A motion to grant preliminary and final approval for lots Ar1-1 and AR1-4, subject to MRB Comments was made by Tom Ferreri seconded by Howard Jordan, all in favor.

SKETCH

Nearing / Magog Rd / 1 Lot Site Plan / Sketch
David Matthews of Matthew's Consulting was present to address the board.  He stated that this property was W of Jordan's and S of Beckenbacks.  The driveway has been existing for approximately 20 years.  Dave stated that this map does not show topography due to the complexity, however, a smaller topo map was submitted with the application.  Dave also stated that the driveway has an existing 36" culvert.  Dave addressed the MRB comments stating that the wetlands are located along the creek and the construction will be approximately 200' away.  He stated that calculations would be supplied to the WCWSA and a turn around could be provided for emergency vehicles.  Dave stated that no flood planes were located on this property that he knew of.  Howard Jordan stated the only concerns were with the driveway and the fact that it floods in the spring.  Dave stated that some grading would be needed and asked Howard if he would do a site visit to help find the second culvert.  Mike Simon stated that MRB had concerns with the area to the East of the driveway that looked like a wetland.  He stated that this area, even if not designated as a wetland, should not be filled.  Motion to grant sketch plan approval was made by Mert Bartels, seconded by Tom Morrison, Howard Jordan abstained, everyone else in favor.

BRIEF DISCUSSION

Bruce Niven / Quaker Rd
Bruce Niven stated that he was working on a subdivision on Quaker Rd of approximately 10 acres from Mrs. Kemp's property and he wanted to clarify some items.  Bruce stated that the buyers would want to start a landscaping business on this property; grow trees and nursery stock similar to Fischer-Shortz on Canandaigua Rd.  Scott Allen asked if the buyers would want to stockpile more than 3 cubic yards on the property.  Bruce replied that they did not at this time but also asked if this was going to be reviewed in the future.  Scott Allen explained that it was but other issues in the town were more pressing at this time and it would be a while before this would happen.  Scott explained that if this project were given approvals they would need to be prepared to live within the current guidelines until the regulations are revamped or the applicant would need to obtain an overlay district.  Bruce stated that they would like to avoid the overlay district if possible.  Mario stated that this was a permitted use in an AR-40 zone as long as there was no stockpiling of more than 3 cubic square yards.

ZBA APPLICATIONS

Littlefield / 2364 Canandaigua Rd / Area Variance - Section 135-61-a / Would like to build a garage larger than allowed by town code
Planning Board stated that they had no concerns with this application

Secore / 2141 Daansen Rd / Area Variance - Sections 135-61-b, 135-61-b-4 and 135-61-b-5 / Would like to build a storage structure larger than allowed by town code prior to building a residence on the property and in front of the proposed residence location
The planning board recommended denial of this application due to the existing violations.

OTHER PERTINENT BUSINESS

Howard Jordan asked what had happened with the VanHout SUP when it went to the Town Board and if further dumping of fill was allowed.  Mario told him the permit was approved, however, Mr. VanHout was told that no further dumping was allowed.  He was only to topsoil and seed the bank as it was.  Mario stated that he would go there tomorrow.

Scott Allen read a letter from the engineer for Waterford Custom Homes stating that they tried to contact the owners of Carlson Lane for a right-of-way but had not received any positive response.  Tom Morrison stated that when he had discussed the issue with Mr. Masiangilo, he was favorable to the easement in exchange for an easement on the applicant's property.  Scott Allen stated that he would call the engineer again tomorrow to clarify this situation.

ADJOURNED 8:55 P.M.

Minutes respectfully submitted by Jennifer Habecker