MEMBERS PRESENT included: Chairman, Scott Allen, Tom Morrison, Doug Allen arrived at 7:48pm, Mert Bartels, Tom Ferreri arrived at 8:07pm, Councilman Bill Hammond, MRB Agent Mike Simon and Code Enforcement Officer Mario Fioravanti.  Absent was Members Brian Gagne and Howard Jordan.

Chairman, Scott Allen, called the meeting to order at 7:52 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

Valentine / Creek Rd / 1 Lot Site Plan / Preliminary and Final
Motion to open this public hearing was made by Mert Bartels and seconded by Doug Allen, all in favor.  Bob Sealy was present to address the board on behalf of Dave Matthews.  No one else was present to speak for or against this application.  Motion to close this public hearing was made by Mert Bartels and seconded by Doug Allen, all in favor.

Everdyke / Lawrence Rd / 1 Lot Site Plan / Preliminary and Final
Motion to open this public hearing was made by Mert Bartels and seconded by Doug Allen, all in favor.  Bob Sealy was present to address the board on behalf of Dave Matthews.  No one else was present to speak for or against this application.  Motion to close this public hearing was made by Mert Bartels and seconded by Doug Allen, all in favor.

Bushart / Daansen Rd / 1 Lot Site Plan / Preliminary and Final
Motion to open this public hearing was made by Mert Bartels and seconded by Doug Allen, all in favor.  Newt Gowdy 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 Mert Bartels and seconded by Doug Allen, all in favor.

Fleischer's Bagels / 1688 North Wayneport Rd / 1 Lot Site Plan for Addition to Existing Business / Preliminary and Final
Motion to open this public hearing was made by Mert Bartels and seconded by Doug Allen, all in favor.  The applicants were 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 Mert Bartels and seconded by Doug Allen, all in favor.

Parkwood Heights / Victor Road / Phase III 32 Lot Subdivision and Site Plan /  Preliminary and Final
Motion to open this public hearing was made by Mert Bartels and seconded by Doug Allen, all in favor.  Mr. Mark Welker 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 Mert Bartels and seconded by Doug Allen, all in favor.

Baldwin Richardson Foods Co. / 3268 Blue Heron View / 1 Lot Site Plan for Addition to Existing Business / Preliminary and Final
Motion to open this public hearing was made by Mert Bartels and seconded by Doug Allen, all in favor.  The applicants were 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 Mert Bartels and seconded by Doug Allen, all in favor.

Donn Calabrese / South Wayneport Rd / Rezoning Application / Town Board Referral
Motion to open this public hearing was made by Mert Bartels and seconded by Doug Allen, all in favor.  Rod Prosser of LakeSide Engineering 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 Mert Bartels and seconded by Doug Allen, all in favor.

OLD BUSINESS

Valentine / Creek Rd / 1 Lot Site Plan / Preliminary and Final
Mr. Bob Seely was present to address the board in representation of Mr. David Matthews.  Bob stated that this was a one-lot site plan in an AR-40 zone.  The application is for one residence and Bob stated that the letter from MRB states that all requirements are met.  A motion to grant a negative declaration on SEQR was made by Mert Bartels seconded by Doug Allen, all in favor.  Motion to grant preliminary and final site plan approval was made by Doug Allen, seconded by Tom Morrison, all in favor.

Everdyke / Lawrence Rd / 1 Lot Site Plan / Preliminary and Final
Mr. Bob Seely was present to address the board in representation of Mr. David Matthews.  Bob stated that this was a 44-acre lot in an AR-40 zone.  A single-family residence is being proposed with a 15' wide driveway.  The only MRB comment was concerning visibility at the roadway and Bob stated that the plan notes that one of the pine trees would be removed and others would be trimmed or removed to resolve this issue.  A motion to grant a negative declaration on the SEQR was made by Mert Bartels seconded by Tom Morrison, all in favor.  A motion to grant preliminary and final site plan approval was made by Doug Allen seconded by Tom Morrison, all in favor.

Fleischer's Bagels / 1688 North Wayneport Rd / 1 Lot Site Plan for Addition to Existing Business / Preliminary and Final
Bob Johnson, Bob Murphy, Mr. Fleischer and Mark Krcmarik were all present to address the board in representation of this application.  Mark distributed additional information to the board for review and began by addressing the comments received from MRB.  He stated that through conversations with Mario it was determined that no variance would be needed for the height on the proposed silos.  He also stated that a meeting was scheduled with the Power Authority for tomorrow concerning the construction within their easement.  The comments from this meeting with the Power Authority's response will be forwarded to the Building and Zoning Office.  Mark continued by noting that a detention pond was added and calculations were given to MRB at the beginning of this meeting.  Mike Simon stated that he would need time to review the details and calculations of this detention facility before determining its adequacy.  Mark continued by stating that the size of the discharge pipe mentioned in item #5 of the MRB comments would be 27" at .6% and is now shown on the plans.  Mark also stated that the proposed grading in drawing C1.1 was at a 3 to 1 slope to his calculations and asked for MRB to review this.  Mark also stated that the storm drain is designed to go underneath any future sanitary sewer lines.  Mark explained that hydrants were not noted on the plan because the current plan shows three private hydrants, however, they would like to change this to 1 hydrant located in the town right of way making it a public hydrant for others to use.  Mario was questioned about this being sufficient according to code 1060.6 and it was resolved that he would verify this.  Scott Allen asked if the building has a sprinkler system and if the addition will also have sprinklers.  It was stated that yes, the building does have a sprinkler system and the addition would also be sprinkled with a separate zone and connection.  It was stated that the Siamese connection should be located within 50' of the new hydrant and is noted on the plan.  In response to item #8 of the MRB comments, a full-scale drawing showing the buildings elevation was presented.  The drawing displayed the two proposed silos, which are to be 85' in height, along with the addition of four new loading docs, which will be in addition to the existing 3 loading docs.  The furthest back section of the building where the refrigeration units would be is proposed at 28' at the eve, which is allowed by town code.  Bob Johnson stated that the entire building would have the metal siding and be consistent in color.  The proposed silos are to be white.  Bob stated that landscaping exists along the west elevation and plantings would be added around the loading/unloading area.  Landscape already exists in the front of the building.  Mark stated that the company uses a self-enclosed compactor, no dumpsters and would be painted the same color as the building.  No access would be available from the outside of the building.  In response to the MRB comment #9, review of the lighting plan and modifications will be made to the plans.  Cut sheets of the lighting will be provided and the future lighting will be clarified.  Mark stated that clean outs would be provided on the storm drain line.  Mark stated that no curbs or islands would be installed except for around the building where the sidewalk forms a self made curb.  It was noted that the sidewalks would be 5' wide.  The planning board requested a detail showing the separation distance.  Mark stated that the difference in pavements is shown on the map with a hatching pattern but it is not clear.  Final plans will be more evident.  Tom Morrison stated that there is no location designated for tractor-trailer parking and it is not appropriate for trucks to be parked in the fire lane.  Scott Allen suggested designated an area with marked parking spaces in the future parking area and out of sight from Wayneport Road.  Mike Simon had questions concerning the watershed and would like to see a grading plan with improved water quality in the addition of the detention pond.  Mike Simon will work directly with the applicants on the drainage issues.  Mike questioned the willingness of the power authority to grant approval for construction.  Bob Murphy stated that he was confident.  It was stated that a memo would be sent to the town verifying the meeting and the results.  A motion to grant negative declaration on the SEQR was made by Mert Bartels seconded by Doug Allen, all in favor.  A motion to grant preliminary and final approval contingent on all issues discussed during this meeting was made by Doug Allen seconded by Tom Morrison, all in favor.

Bushart / Daansen Rd / 1 Lot Site Plan / Preliminary and Final
Newt Gowdy was present in representation of this application.  Newt stated that all MRB comments are addressed for this 1 lot site plan.  A motion to grant negative declaration on the SEQR was made by Doug Allen seconded by Tom Ferreri, all in favor.  A motion to grant preliminary and final approval was made by Doug Allen seconded by Tom Ferreri, all in favor.

Parkwood Heights / Victor Road / Phase III 32 Lot Subdivision and Site Plan / Preliminary and Final
Mr. Mark Welker was present to address the board.  He stated that the lot sizes in this phase are the same as phases I and II.  Mark was asked how many homes were currently occupied and he stated that 18 were.  The timelines for filing approvals with the County Clerk was questioned and it was resolved that the applicant and his engineer would work that out.  The planning board wanted to be sure the applicant was aware that timelines were an issue.  Mike Simon stated that most MRB comments were minor in detail and were self-explanatory.  Mark stated that a lighting district was already in place for this area.  Scott Allen commented on how nice the lighting is and that the corner has shown great improvement with the addition of this project and the new credit union.  It was also noted that the street trees were already shown on the grading plan.  Mark was also told that a stop sign should be placed where Harwood Lane connects in.  Scott Allen explained that SEQR was already done at the time of the rezoning application and is not necessary again at this time.  A motion to grant preliminary and final approval was made by Doug Allen seconded by Tom Morrison, all in favor.

Baldwin Richardson Foods Co. / 3268 Blue Heron View / 1 Lot Site Plan for Addition to Existing Business / Preliminary and Final
Kevin Solva and Bob Avery were present to address the board concerning this application.  A letter from the Wayne County Highway Department was presented stating that the road cut was approved.  The MRB comments were reviewed.  Bob stated that the application has been submitted concerning the wetlands but an answer will not be available until early next week.  Bob stated that they were confident a public hearing would not be required for this application due to previous application and that they are already within this area.  Bob stated that the sewer is through the Town of Walworth and will be completed to their specs.  Mike Simon stated that during the pre-construction meeting he and a representative of the Town of Macedon should be involved along with the Town of Walworth.  Bob explained that the stone along the south base of the building was because they are a food manufacturer ad this is required.  Bob explained that the infiltration ditch along the East property line is 2' in depth and will have #4 stone.  Bob explained that they are trying to avoid a ponding issue in this area.  It is possible to split the trench and to do perc tests in this area of required.  Bob stated in regards to comment #7 that the notes would be reviewed and cleaned up and in regards to comment #8 the erosion control and curb cut notes would be added.  Bob stated that it was his intention to have the slope along the driveway 3 to 1 and he will review.  He stated that this was a tight area and would also be adding crown vetch along this side.  Bob stated that he would also review the details mentioned in MRB comment #9.  Scott Allen asked Mario to verify what the code states in regards to a 50' buffer area.  Mario stated that the code states that 50' of open space is needed but he will make a call to the state to verify.  Kevin stated that due to the wetlands their will always be open space there, however, they are on another property.  The planning board suggested that he look into purchasing an additional 6' of land on that side to allow for the 50' open space regulation.  Mario also stated that a variance from the state might be a possibility.  A motion to declare a negative declaration on SEQR was made by Mert Bartels, seconded by Doug Allen, all in favor, Tom Ferreri abstained.  A motion to grant preliminary and final approval subject to the verification by Mario of the 50' open space regulation; which would need to be in writing and Chairman, Scott Allen will not sign the plan until this written verification is received; and subject to all MRB comments was made by Doug Allen, seconded by Mert Bartels, all in favor, Tom Ferreri abstained due to conflict of interest with his position at Sear Brown.  The application will be presented at the next meeting for a revote due to lack of super majority.  Super majority would be required on this application due to a negative referral from the Wayne County Planning Board.

TOWN BOARD REFERRALS

Donn Calabrese / South Wayneport Rd / Rezoning Application
Rod Prosser of Lakeside Engineering was present in representation of this application.  He stated that the subdivision name has been changed from Fairport Harbor to Marvin Gardens.  He stated that they have taken the recommendations of the planning board and are in the process of doing a traffic survey and verification of wetlands.  Rod stated that no changes have been made to the maps yet however they would like to retract their proposal for larger lots behind the existing residences.  Rod stated that the road frontage lots would still be larger in size.  Ken and Bev Keys of 1272 Wayneport Road were present to address the board and stated that they were unaware of the earlier public hearing procedures. John Herkins was also present to address the board concerning this application and stated that the public hearings went to quickly, he was outside in the parking lot at the time. Chairman, Scott Allen stated that he would allow their input at this point.  Mr. Ken Keys stated that his concerns included the size of the lots, the availability of the sewers to the current residence, the width of the road, the heavy tractor trailer truck traffic that is already present on the road and the entrance and exist of this proposal.  Rod replied by stating that this project was only in a conceptual stage and would need to come back to the Planning Board for subdivision and site plan approvals after the approval of the rezoning application.  Rod stated that a full traffic study was in the process.  Mr. Keys stated that he was concerned the car lights from the entrance and exits would shine in the windows of the residence across the road.  Scott Allen assured Mr. Keys that the planning board during site plan approvals recognizes this concern and works to avoid this problem.  Scott also stated that he had concerns with the intersection of Wilkinson and Wayneport Roads and would be addressing this issue; a four way stop may be a solution.  Scott explained the procedure followed during a rezoning application and stated that the planning board had 60 days to give a recommendation to the town board.  He also explained that there is a second rezoning application for this same road.  Scott told the Keys that the town would review the sewers to determine a reasonable area to extend to so that the existing residence would see a benefit from this project.  Scott explained that the sewers would not be provided directly to each residence but the town can require that the applicant provide connections stubs.  Mr. Keys stated that he felt the residence should not be forced to hook up to sewers, however, he would like the option.  Scott explained that this would depend on the sewer district, however, he feels this would be a great benefit to the residence.  Scott also explained that Wayneport Road would not be widened unless a turning lane for this project was required.  Scott told the Keys that at no time would Wayneport Road become a four-lane road.  Scott also explained that the traffic studies to be done by both rezoning applicants would require a cumulative impact report.  John Herkins was present and addressed the board stating that he was against this application as it stood now.  John stated that the wetlands are going to become NYS Dec wetlands which require a 100' buffer.  Scott Allen stated that the property is to delineate and could impact the developability of part of the lot.  Scott again stated that the Planning Board only had 60 days to review the application and give recommendation to the town board.  Scott stated that the Town Board can take as long as needed and will have complete information prior to deciding.  Scott also explained again that after the rezoning process the applicant would need to return to the Planning Board for subdivision and site plan approvals.  John explained that he and many of the people that live in the area invested in their properties because this was an AR-40 zone.  Bev Keys added that if this were not such a dry year the perks would not pass in that area.  Scott stated that this is why they are proposing sewers.

Waterford Custom Homes / South Wayneport Rd / Rezoning Application
Bob Cantwell was present and distributed a color map of the concept plan to outline the intent of this application.  Bob explained that this property is currently zoned R-30 and they are asking for it to be rezoned to R-22 allowing 56+/- Single Family Residences and 32 apartment units in three buildings.  Bob explained that this would have public water and sewer and would provide diversity in housing, which he feels, fits well with the master plan.  Bob stated that he reviewed a list of neighborhood recommendations and is taking them into consideration, however, this is not a formal district in the town of Macedon.  Some of these items include street trees, sidewalks on one side of the road, lighting and others.  Home on the eastern side of the property behind the existing residences would stay at the R-30 zoning size.  In the NorthWest corner 3 apartment buildings containing 32 apartment units are proposed.  Bob stated that this was a good blending area due to the area surrounding containing a driving range and skate rink.  Bob stated that open space is being provided through the project along the creek area.  Bob showed the two points of access and stated that all roads would be dedicated except the loop around the apartments.  Bob stated that this application has been presented three years ago with a 60% more dense concept and the only recommendation coming from the traffic study at that point was to make shoulder improvements.  Bob stated that MRB comments have been reviewed and stated that a connection into Carlson Lane would not allow this project the proper identity.  Bob stated that the residences of this project are not going to want to drive through the industrial area to get to their homes.

MINUTES

A motion to approve the minutes dated June 25, 2001 was made by Scott Allen seconded by Mert Bartels, all in favor.

A motion to approve the minutes dated July 23, 2001 was made by Scott Allen seconded by Doug Allen, all in favor.

OTHER PERTINENT BUSINESS

Scott Allen stated that training classes were being given by Monroe County and if anyone was interested in attending the Building and Zoning Clerk would get them signed up.

Mike Simon stated that he felt it was impractical for an additional entrance to be located so close to Carlson Lane for the Waterford Custom Homes rezoning application.  He also asked if the SEQR would be reviewed at the Town Board level for these rezoning applications.  Scott Allen explained that this would be reviewed at the Town Board level and they would take lead agents on the SEQR.

Bill Hammond suggested that the Planning Board seriously consider asking for an extension from the Town Board on the rezoning applications until all information is presented and the planning board can review.  Bill felt it was important that the Planning Board have the traffic studies and all other reports before making a recommendation to the Town Board.

Bill Hammond asked Mike Simon to research who did the inspections on the sewers at Evergreen Hills.  Mike stated he would look into this.

Bill Hammond told the board that issues have been brought forward at the Town Board level concerning the billboards located in town.  Bill stated that they were given a 10-year life span that expired in 2000.  Due to numerous circumstances this has been put on the back burner, however, at a recent meeting Dave Maul make a motion at the town board level to allow the billboards to stay with a special use permit.  This was voted down but this issue needs to be resolved.  Bill stated that the Billboard Company had been contacted and now the property owners would also be notified that these need to be removed.  Bill stated that the Planning Board may need to review the sign ordinance due to the businesses in the Town that have directional signs that may be against code.  Bill felt it was important for businesses to have the recognition needed.

ADJOURNED 10:40 P.M.

Minutes respectfully submitted by Jennifer Habecker