MEMBERS PRESENT included: Chairman, Scott Allen, Tom Morrison, Tom Ferreri, Doug Allen, Mert Bartels, Councilman Bill Hammond, MRB Agent Pat Nicoletta and CEO Mario Fioravanti.  Absent were Members, Brian Gagne and Howard Jordan.

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 Doug Allen, all in favor.

PUBLIC HEARING

Rousseau / Kittering Rd / 2 Lot Realty Subdivision / Final
Motion to open this public hearing was made by Tom Ferreri and seconded by Doug Allen, all in favor.  Bob Wyman was present to represent this application.  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 Doug Allen, all in favor.

Strada / Alderman Rd / 2 Lot Realty Subdivision / Final
Motion to open this public hearing was made by Tom Ferreri and seconded by Doug Allen, all in favor.  No one 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

Rousseau / Kittering Rd / 2 Lot Realty Subdivision / Final
Bob Wyman was present to represent this application.  He stated that his father-in-law owned property on both sides of the road and wanted to sell all his property on the North side of Kittering road to him and therefor needed the property subdivided for this sale.  Scott Allen stated that the map should show total holdings of property, currently the map only shows the property on the North side of the road.  Bob stated that he included a smaller copy of the tax map for this purpose.  Bill Hammond explained that in order to file the map with the county that the final map will need to show both properties.  Scott Allen continued by explaining that the county gets a legal description of the properties from the maps being filed and because two new lots are being created both need to be shown on the final map.  He also stated that this is something that could be corrected on the final mylar and did not necessarily mean that approval could not be given tonight on this project.  Short SEQR indicates no negative impacts and a motion was made by Doug Allen for negative declaration on SEQR, seconded by Tom Ferreri, all in favor.  Motion to grant realty subdivision approval contingent to total holdings updated on final map was made by Doug Allen, seconded by Mert Bartels, all in favor.

Strada / Alderman Rd / 3 Lot Realty Subdivision / Final
Bill Dixon was present to represent this application.  He stated that Mr. Strada has had his home for sale and he agreed on a price with a buyer.  When the buyer went for the mortgage, due to the type of mortgage, they would not allow the barn to be included.  The mortgage company stated that they either needed to subdivide the land or take down the barn.  The new owner is planning on restoring the barn and therefor they are requesting this subdivision.  Bill Dixon stated that after the mortgage is done they are planning to re-combine the two parcels.  Scott Allen asked Mario if everything on the plan met setbacks and Mario stated that it did.  Tom Morrison suggested that in case the new owner does not re-combine the parcels a note should be added that before any development was to occur on lot 2 a site plan approval would need to be obtained.  Bill Dixon commented that adding that note would not be an issue, the new owner wants to keep this as a historical residence.  Short SEQR indicates no negative impacts and a motion was made by Mert Bartels for a negative declaration on SEQR, seconded by Tom Ferreri, all in favor.  Motion to grant realty subdivision contingent on the added site plan note was made by Tom Ferreri and seconded by Mert Bartels, all in favor.

Providence Housing Development / Canandaigua Rd and Brixton Dr / Senior Housing Project / Final
Mark Costich of Costich Engineering and Jane Lang of Providence Senior Housing were present to address the board with this application.  Mark began by stating that this project had received preliminary approval in December and has since done some fine-tuning.  He stated that the largest change was the ingress/egress was now located off Brixton Drive instead of Canandaigua Rd.  Mark stated that these changes were made due to town traffic concerns.  MRB comments were addressed.  Mark stated that a sidewalk had been added to Brixton Drive for residents.  Mark stated that he was aware the trash enclosure was located with in the land-banked parking area and did not see this as a large concern.  Mark stated that they are already supplying more parking than they anticipate needing and if it came to them needing more parking locations the building could be moved.  Mark also stated that he realized it was located in the front of the building, however, they were trying to put it in a convenient location not only for resident's usage but also for pick up by the garbage truck.  Mark stated that he felt the location was esthetically good, somewhat off to the side but if needed could push out of the banked parking area.  Mario Fioravanti stated that he did not think this was a town code issue due to zoning being TPD it would be up to the planning board to make this decision.  Mark stated that an enclosure detail would be provided with final plans and the building was to be sided with a shingled roof.  Scott Allen asked about the size and height.  Mark replied that the building would have a gabled roof, similar to a garage, and would be 16'x10'.  Tom Ferreri asked if the building could be moved closer to the building.  Mark stated that they had originally considered a lean to type enclosure but that would bring up another set of code issues.  Tom Ferreri made the suggestion that the building be moved back for esthetics.  Scott stated that landscaping would also be needed around this building for screening.  Mark stated that they planned on evergreen groupings around the building and the building will look similar to the main building.  Tom Ferreri stated that it was his personal opinion that the building would look better pushed back instead of right out front where it was located now.  Tom Morrison agreed that he would like to see if pushed back with trees around it.  Scott Allen stated that it would noticeably stick out where it is shown to be located now.  Mark stated that they would move it for the final plan.  Mark explained that the former plan showed a cal-de-sac with a drop off area in the front of the building.  It has been removed on this plan due to the orientation of the parking and the problems with the cal-de-sac.  It is not the intent to have a formal drop off area; the applicants do not feel it is needed.  Pat Nicoletta stated that Marty Amen would like to see a complete set of utility plans.  Mark replied that he has already been in contact with Marty concerning this.  Mark stated that the comments address the pond character.  Mark stated that the grading of the pond area would be revised to provide a more irregular shape and the pond area would be mow-able.  Mark continued by stating that the landscaping has also been revised.  He explained that at the entrance it shows a more street tree effect with a mixture of deciduous and evergreen trees.  Mark continued to state that there would be shrubs placed around the pond area.  Mark explained that they would like to take the focus off the back of the post office at the entrance.  He also stated that there would be trees located near the existing residence for screening.  Large islands with planting in the parking lot and small patios along the front of the building with plantings are also proposed.  Mark stated that the change of ingress/egress to Brixton Dr hopefully addressed and Canandaigua Rd impacts.  Doug Allen stated that he felt the landscaping was good.  Scott Allen agreed and asked about a sign for the entrance at Brixton.  Jane Lang stated that yes they were planning on a sign that would conform to town code.  Tom Morrison asked about the lighting.  Mark stated that some spot lighting from the building toward the parking lot was proposed and that code would require lighting at the entrances.  Mark also stated that they were planning on more residential type lighting than a commercial look.  Mert Bartel commented that the layout was an improvement, having the entrance on Brixton Dr was good, the grading of the pond would be an improvement and the he liked the community feel given by this project.  Tom Morrison asked about the entrances on the lower level apartments.  It was explained that although each would have an entrance to a patio it was expected that most people would use the main entrance and keep their patios private.  Tom Morrison stated that he liked the revised landscaping and felt that when the maintenance building was moved placing additional trees around that area would also be good.  Doug Allen stated that he felt the plan looked good and the main objective would be to keep the neighbors happy.  Tom Morrison asked about the grade behind the post office.  Mark explained that there would be a slope down from the post office with trees and shrubs then the flat area would be the drive then their would be more trees and shrubs on the other side of the drive.  Tom Morrison also asked about the water from the back of the post office.  It was explained that the post office has two catch basins in the back of their parking lot and anything ran off would be directed to the pond.  Scott Allen restated the issues for the final plan being 1) Location of dumpster and maintenance building  2) Note that the accessory building should match the main building  3) A specific note should be added that the 60' right-of-way to Canandaigua Rd should never be used as an entrance.  Scott explained that the Wayne County Planning Board recommended denial on this application and read the letter sent from Bret DeRoo concerning this.  It was discussed that the Wayne County Planning Board is asking for an updated map for the entire TPD area, however, this parcel has been subdivided off that.  Scott also stated that this is a good use in this zoning and that the rezoning was done several years ago and we can't expect the applicant to match that plan exactly after so much time.  SEQR was reviewed at time of rezoning and is still applicable to this proposal.  The original plan showed 200 apartments and this proposal is within that density.  A motion to grant final approval subject to the three issues stated earlier and any outstanding MRB comments was made by Doug Allen, seconded by Tom Ferreri, all in favor.  Bill Hammond made sure to thank Mark Costich for his cooperation in making the entrance changes and working with the town on these issues.

NEW BUSINESS

Aurora Development Inc / East Ave / Realty Subdivision Revision and Site Plan / Sketch
Bill Fanning was present to address the board with this application.  He stated that he had received realty subdivision on this parcel previously however wanted to make some slight changes.  He stated that at time of subdivision the board requested a 60' right-of-way.  Bill stated that the setbacks for the site plan have been changed to meet code from this larger right-of-way.  Bill also stated that he would like to move the eastern lot line in closer to the building but stay within town codes on set backs.  MRB comments were addressed.  Pat stated that he had talked with Lu Engineers briefly on this project.  Scott Allen stated that due to the application needing sketch plan approval, the amount of detail stated in the comments was not necessary at this point, the comment were meant more for final approval.  Scott also told Bill that for final approval the map would not be able to reference any other previous maps.  Bill stated that all engineer comment would be addressed for final approval.  Bill explained that the building space would house three separate tenants, Prestige millwork (a millwork shop), an office/storage space, and a contractor with equipment.  All storage would be inside; nothing would be kept outside.  Mario Fioravanti stated that all uses were permitted within this zoning.  Pat Nicoletta explained that the applicant may want to move the driveway down a little bit, it is currently only 3 feet from the property line and may cause a problem with future grading.  Scott stated that if the large tree could be left that would be good.  Scott Allen also stated that for final approval Lu Engineers should state parking spaces and how they determined the number of spaces needed by stating number of employees.  Tom Morrison stated that this information was also important for septic.  Bill Fanning stated that currently with all three tenants their would only be 8-10 employees.  Bill stated that the building would be of pole barn construction with metal roofing and siding.  Scott inquired about color and stated that Bill should have this information in place for final approval and for the public hearing. Motion to grant sketch plan approval was made by Tom Morrison, seconded by Doug Allen, all in favor.

BRIEF DISCUSSION

Spinners / Route 31 / Special Use Permit Application
Gus Jubilus and Kevin Judge were present to address the board concerning this application.  Scott stated that at the last meeting they had mentioned three new recreational areas to be developed and asked which this special use application was for.  Kevin Judge replied that he would like to obtain permission for the outdoor extreme skate park and the dirt bike track at this time.  He stated that possible next year they would apply for a special use permit for a go-cart track.  Scott explained that this application would need to be recommended to the Town Board and a Public Hearing would be held at that level.  Kevin Judge passed a book showing what the outdoor extreme skate area would like and he stated that the dirt bike track would be operated only during the daytime.  It was asked if the applicants had a description in writing of their intent.  Gus stated that they did not at this time but could put one together.  This would be required for the town board and would also be beneficial at time of public hearing.  Scott stated that this would also be beneficial because at this time the application itself is unclear.  Tom Morrison also advised that the more information that could be provided from the beginning the better off they would be.  Current hours of operation are daily until 9-9:30pm except on Fridays which is until 11:30pm.  Tom Morrison stated that outdoor activity until 11:30pm may be a problem due to noise and spectators.  Bill Hammond asked if this would cause increased traffic with outside viewing of this activity.  Kevin explained that he did not believe so, that traffic already uses that connection road to eliminate the traffic light at the corner of Wayneport Rd.   Scott stated that this was an appropriate use due to the zoning but before application was referred to the town board a complete application should be presented.  Scott referred the applicant to section 135-13 and 135-170 explaining special use permits.  Tom Morrison stated that the hours may be a problem and that if they kept the outside hours until 10pm they may be better off.  Kevin Judge told the board that the go-cart track across the road during the summer operates until 1am.  It was questioned if this was allowed and Bill Hammond stated that he would look into that.  Scott explained that the town board could set hour of operation as a condition on granting the special use permit.  Tom Morrison commented that this was a good use and that it went along with what was there currently.  He also stated that the applicant should have a complete application prior to being heard at the town board.  Tom continued to state that if the hours were not working they could be amended at the town board level during the renewal process.  Kevin Judge stated that daytime activity would be the main time due to camps and instructional activities he puts on.  Kevin also stated that there is nothing in this area for kids to do and he feels this maybe a good fit.  Tom Ferreri stated that he felt the use was good, he would only comment that the storage of the portable skate park be inside during the off season.  Kevin stated that he would prefer to store the equipment inside anyway due to the weather, only one piece would need to be kept outside in a corner.  Portable fencing around the areas of activity was also suggested.  Scott stated that this board had the opinion that the use was good but a full application would need to be submitted before being referred to the town board.  He again referenced sections 135-13 and 135-170.  Tom Ferreri asked about lighting.  It was stated that they planned to add lighting but it would face away from the residential area.  Tom Morrison also asked about a PA system.  Kevin stated that one would not be installed for outside use, if music were wanted that would be inside only.  Scott stated that an improved site plan should be submitted showing grading of the property.  Gus presented a survey map from when the original building was built.  Scott continued by stating that parking was also an issue, and suggested that the applicant show land-banked parking different than along the roadway.  Parking along the roadway in not an acceptable land-banked parking area.  The easement was also questioned and Mario stated that the town did want an easement there however it never was filed.  Scott stated that lighting would also need to be shown with details and a written plan should be presented.  Due to the land being undeveloped a more intense comprehensive plan would be required.  Tom Morrison asked if the bike track would be fenced.  Gus stated that they had been discussing this and did not think they wanted to put up chain link around the entire activity area but possibly a split rail.  Tom Morrison stated that this might be an issue for liability and to define the limits of the activity.  It would give the board a clear foot print to follow for approval.  Bill Hammond stated that this would also be beneficial due to security during off-hours.  Doug Allen asked what they planned to do about run-off during heavy rains.  Gus explained that they wanted to stay with in the current topography.  Doug stated that due to the activity their would still be bare land and run-off would occur.  Scott Allen suggested adding a cut-off swale to the pond.  He also stated that topography should be shown on the maps.  He continued to suggest showing activity limits and control measures and land-banked parking on future map submissions.  Scott also explained that a written letter of intent including hours of operation should be submitted.  A summary should also be provided of the increased lighting being proposed including photo metrics, heights and lighting style.  This application is tabled until further information can be provided.

Gananda Community Church and Daycare / 3259 Canandaigua Rd / Discussion of site plan for addition of a sanctuary and parking to the existing structure
Paul Schreiner of DJ Parrone Associates, Ed Rainier of DGA Builders and Phil Coon Gananda Community Church trustee were all present to address the board.  Paul stated that they would like to build on sanctuary for church services and add parking.  He stated that they were already in correspondence with DEC concerning the adjoining wetlands.  Mark told the board that the existing building is 8500 square feet and currently houses both the church and the daycare.  They would like to add on approximately 5000 square feet.  This would eliminate the asphalt on the North part of the parking lot but parking would be added in another location.  The existing Canandaigua Rd loop driveway would remain.  Mark also stated that the basketball court could be used as overflow parking if needed and could park 15-20 vehicles.  The total parking after eliminating 24 spaces and adding 53 new spaces would be 60 spaces.  The pine trees along the parkway would remain as a buffer as long as DEC's requirements can be accommodated.  Mark stated that some site lighting would need to be added.  There are currently 2 or 3 15'-20' polls and the added lighting would be in the same shoe box style.  The dumpster location would be on a concrete pad off the West side of the building at the end of the parking lot.  Mark stated that a full application would be presented for Public Hearing in April and they were hoping to start construction in the spring.  Mark explained that the schematic of the building was similar to the current construction and the sanctuary would be split face block, gray with vertical windows.  Building plans were shown.  The addition is to be single story, 24-25' high with an open ceiling.  Phil Coon explained the tubular steel structure to be used.  The board questioned the landscaping for this project and Mark explained that the goal is to save as many of the existing trees as possible.  This application will be submitted for sketch plan approval March 26 and would like to have a public hearing in April.

Myers / Golf View Drive
Mrs. Myers was present to address the board concerning her lot in Golf View Drive, which is a private drive.  She stated that she would like to split her lot into two parcels and build a new single story house on the newly created lot.  She stated that her house is currently two stories and due to health reasons she needs a single story house.  She stated that she had looked at lots elsewhere but enjoys the privacy she had now and the neighbors are very nice.  She currently owns almost 3 acres.  She stated that she shares a 20' common drive with 2 other houses and she is looking for guidance from the planning board on what steps to take.  She stated that Joe Pullen was her engineer.  Mario Fioravanti stated that perc tests would need to be done, the lot sizes were within town code and access of the easement would be allowable.  Pat Nicoletta stated that a homeowner's association agreement for the common drive would not be needed unless the amount of homes exceeded four.  Mrs. Myers stated that their was a legal agreement, that is filed with the county clerk, between her and the two other homeowners for the common drive.  The planning board directed Mrs. Myers to contact her neighbors and a lawyer about having the agreement amended.  Scott Allen told Mrs. Myers that the neighbors may not agree to add a four home to the agreement and in that case she would not be able to subdivide and build.  Tom Morrison stated that the original plans should be pulled to make sure a note was not made about not allowing any further subdivision.  Mrs. Myers presented a county filed map and a quick review did not indicate any such note.  Mrs. Myers stated that her current house was built in 1989.  She also told the board that their was standing water in the wooded area on her lot but the house she would like to build would be at least 100' from that area.  The board again stated that due to the filed agreement concerning the common drive Mrs. Myers should first talk with her neighbors and have the agreement modified to add another home.

ZBA REFERRALS

Brian Caler / 1345 Canandaigua Rd / Area Variance, Section 135-61 schedule 1 / would like to build garage closer to lot lines than allowed by town code
After discussion on the application the planning board had no comment concerning this application.

OTHER PERTINENT BUSINESS

Mario Fioravanti presented a letter from Julie and Glenn Latulipe concerning their property at 1441 Waterford Rd.  Mario explained that they would like to add a garage and a driveway off Vespar Ridge and keep the driveway on Waterford Rd.  Scott Allen stated that the curb cut would need approval from Dick Roets and did not see why this was being presented to the planning board.  Tom Morrison stated that his only comment would be that the new driveway location looks close to the intersection.

Tom Morrison stated that he felt a mistake was made by the planning board in giving a positive referral for the VanHout Special Use permit to the Town Board.  He stated that the stockpiles are located close to the road.  Bill Hammond explained that the Town Board has other issues with this application and is currently not being heard at that level.  Scott Allen stated that the Town Board could refer the application back to the planning board for further review once the issues are resolved.

Bill Hammond stated that an issue has come up on the Tegtmyer realty subdivision that was approved by the planning board in February.  During the approval process the planning board required a drainage easement on this property along with the final map.  Dick Roets has concerns with the lot flooding and he is not in favor of house development there.  Pat Nicoletta will be meeting with Dick on another issue and will discuss this matter with him at that time.  Scott Allen stated that this lot was previously approved for building and the applicant is currently asking for realty subdivision only and it would not be right to remove prior building approval at this time.  Easement width was discussed among the board.

Bill Hammond stated that the town has received $11,600 from the county for the light at the intersection of Canandaigua and Victor Roads.  Bill stated that Dick is currently waiting for the poles and the weather to break before construction.

MINUTES

A motion was made by Doug Allen to approve the minutes dated February 26, 2001, seconded by Mert Bartels, all in favor, Tom Ferreri abstained.

ADJOURNED 10:15 P.M.

Minutes by Jennifer Habecker