MEMBERS PRESENT included: Chairman, Doug Allen, Mert Bartels, Tom Morrison, Tom Ferreri and Kevin Rooney.  Also present was Zoning Officer / Town Engineer, Scott Allen and Town Councilman, Ken Nawrocki.  Absent were members Brian Gagne and Howard Jordan.

Chairman, Doug Allen, called the meeting to order at 7:33 p.m.  A motion to waive the reading of the Public Notice as it appeared in the Times was made by Mert Bartels, seconded by Tom Ferreri, all in favor.

PUBLIC HEARINGS

Waasdorp - Pecora Estate / Farmington Rd / 1 Lot Realty Subdivision / Final
A motion to open this public hearing was made by Tom Ferreri, seconded by Kevin Rooney, all in favor.  Mr. Waasdorp was present to represent this application.  No one else was present to speak for or against this application.  A motion was made by Mert Bartels, seconded by Tom Ferreri to close this public hearing, all in favor.

Spite / Quaker Rd / 1 Lot Subdivision and Site Plan / Preliminary and Final
A motion to open this public hearing was made by Tom Ferreri, seconded by Mert Bartels, all in favor.  No one was present to speak for or against this application.  A motion was made by Mert Bartels, seconded by Tom Ferreri to close this public hearing, all in favor.

Borkhuis - Evergreen Hill Self Storage / Evergreen Hill / 1 Lot Subdivision and Site Plan / Preliminary and Final
A motion to open this public hearing was made by Tom Ferreri, seconded by Kevin Rooney, all in favor.  Dave Matthews was not present; Mr. Gary Borkhuis gave a brief description of the application.  He explained that the proposed self-storage facility would be located to the East of the Apartments on Evergreen Hill between the Road and the Powerlines.  He continued to explain that the area would be fenced with a motorized, keypad gate.  Fifty-four spaces would be available for outside storage of boats and recreational vehicles.  Phase one would also include one storage building, metal in structure.  Mr. Borkhuis showed a picture of what type of building it would be and stated that it would be in complimentary colors to the apartments, beige with green roof and doors.  Later phases could include three additional buildings depending on need.  Mr. Borkhuis stated that as soon as possible he would be planting 6-8' evergreen trees as a buffer of the three houses to the South, whose property backs to this property.  Mr. Borkhuis also plans extensive landscaping.  Gary Borkhuis explained that he owns the car wash and he is very sensitive to the neighbors and plans to make it look attractive to the neighbors.  Gary also explained that he has already begun to establish very strict rules including no working on motor vehicles, hours and what can be stored.  The lighting that is planned includes two east facing lights and building mounted lights that will only shine down.  Gary stated that he was trying to be sensitive to the neighbors and did not want to have lighting that would be a problem to the neighbors.

David Morrison, 1255 Farmington Rd, stated that this application was in violation of Zoning Law 135-187; the salvage, recycling, screening, processing and composting law.  David stated that he discussed this issue last year with the Town Board.  David also contested that this zoning section has president over all other laws and David has filed an application to the Zoning Board of Appeals for an interpretation of this law.  David also requested that the Planning Board read section 135-187 and makes a determination concerning this application and its relationship to this law.  David read the definition of the salvage, recycling, screening, processing and composting section for the other residents present.

Joe  Rhyne, 3219 Blue Spruce, stated that he understands that the application is still a proposal and is subject to denial.  He questioned if there was a more specific date as to when, if approval were granted, work in the site would start.  Gary replied that as soon as weather permitted.  Gary also explained that he has 40 trees already tagged in a nursery and this would be his first priority.  Joe asked what the process would be after this point.  Doug explained that this proposal is up for preliminary and final approval tonight and the residents are welcome to stay and listen to the board discussion later in the meeting or they can call into the building and zoning office the following day to find out what decision was made.

Tom Mihalitsas, 3228 Holly Crescent, stated that his house is on the South Side of this project and his property abuts the property under review.  He stated that his number one concern was the crime that is associated with self-storage units.  He stated that drug dealers store illegal substances is these units and others sell stolen property from such storage units.  He questioned what would be done to prevent such crimes and what would be done for the safety of the neighborhood children.  David Matthews responded that the entire area would be fenced and there is to be security lighting installed.  David also explained that the owner would be in the property two or three time's daily and access to the site would be controlled.  Tom referred to a case in California where bodied were buried in this type of storage unit and stated that he didn't want his kids around this type of activity.  He also stated that it was his understanding that this proposal has been made due to the additional houses on Hance Rd and stated that if this was for their benefit the project should be done next to them, not here.  Doug explained that storage has been a requirement in the NCD district for years.  Tom stated that when they built their house they were told that nothing would ever be built on this property.  The board responded that the residents were not told that by the Planning Board, they would need to address this issue with the property owner or Ryan Homes, who built the house.  Tom suggested that the project be moved to land near the car wash.  Gary stated that he doesn't own land around the car wash property.

Robin Greenlee, 900 Penfield-Walworth Rd, stated that she owns A1 Mini Storage at 900 Penfield-Walworth Rd and has 50 units vacant currently and has the capability of building more if needed.  She stated that another storage facility so close would hurt her business.  She stated that she understood the concerns of the residents present and her facility has never been broke into, however, she lives on site.  She stated that when Gary called her she told him that she is currently competing with storage facilities that are 10 miles away and couldn't understand why Gary thought he would have a successful business at this location.

Eldridge Mount, 3221 Blue Spruce Drive, stated that he has done some research and would like to share some information with the board.  He stated that each apartment has a storage unit and therefor this would not be useful to them.  He also stated that there was nine other storage facilities within a 15-mile radius with vacancies.  He also presented an article from a Self-Storage Magazine, and stated that he found 24 other articles about crime at self-storage units.  He stated that, according to his research, robberies are an ongoing occurrence at Storage facilities and break ins happen at places with security features just as often as other facilities.  Eldridge continues by telling the board that professional criminals are drawn to this type of facility and this project would attract such criminal activities to the area, which is residential with many families.  He also stated that although a pass card gate will be installed, many will tailgate through.  Eldridge stated that he also has been reviewing Zoning Board Minutes from other towns where similar discussions have occurred and stated that many towns lump self-storage units in an "undesirable property" category with pawnshops and vehicle maintenance facilities.

Aaron Newton, 3215 Holly Crescent, presented statistics from the 911 Center.  He stated that A1 Mini Storage from March 2001 through March 2002 has had 8 incidents involving burglary, suspicious conditions, aggravated harassment, domestic violence and larceny.  He continued to explain that the apartments are also a problem.  According to 911 records from September 2001 through March 2002 their have been 55 incidents at the apartments where the police have been called for things such as disturbance, domestic violence, trespassing, larceny, aggravated harassment, harassment, drugs and traffic violations.  Aaron stated that with the problems that are already occurring at the apartments and the amount of young children in the area, adding this element would be detrimental.

Jill Tomeny, 3224 Holly Crescent, stated that one reason they moved into this area is due to the balance in the community of residential, commercial and free space and adding self-storage units goes against this balance.  She also stated that when they moved in they signed an agreement that they would not put up chain link fences, metal storage buildings or store vehicles on the property.  Jill questioned why these same conditions did not apply to the self-storage facility.  Dave Matthews replied that it is a requirement of the NCD District that the developer provide space for storage due to these imposed regulations on the residents.  The code states that the developer may be required to provide space for the storage of boats, trailers, RV's and other in kind equipment for the sole convenience of the residents of the NCD district.  The residents questioned if the storage facility was only to be used by residents in the NCD District.  Doug replied that he did not know that.  Jill also asked if the evergreen trees to be planted would be at the 6-8' height when planted.  Gary replied that they would be.

Angel Mount, 3221 Blue Spruce Drive, stated that if this is for the sole convenience of the residents and A1 has spaces open, the demand must not be there for this business.  Doug explained that one of the problems is that there are currently boats and RV's stored illegally through out the NCD District and it can't be enforced at this time because a place has not been provided for storage.  Doug also explained that the supply and demand / competition issue is not a planning board discussion, those are issues to be addressed between business owners.  Robin Greenlee of A1 Mini Storage stated that she has spaces available 3 miles away, if the regulations are enforced they can bring their boats and RV's to her facility.  Gary responded that although A1 has spaces available there is another storage facility on Wayneport Rd that has a waiting list of 14 people, and therefor, feels that the need is present.

Amber Walker, 3226 Blue Spruce Drive, questioned why the owner / town is looking to build this facility next to residential houses.  Dave Matthews explained that the Town is not building this project, a private individual is building this project to meet a requirement of the NCD Zoning code.  The land was available and the developer negotiated with Mr. Borkhuis for the property.  Gary explained that the majority of the land being purchased backs to the powerlines and due to the powerlines the property could not be used for houses.  Dave Matthews continued to explain that he area was also filled with 5-10' of fill at the time the apartments were constructed and house could not be built there unless this was removed an re-compacted.  Amber questioned why it was all right to build a storage facility in this area if it was not conducive to building houses.  Dave Matthews explained that the storage units would be on concrete slabs and doesn't have the infrastructure a house would require.  Amber questioned if this would cause disrepair or uneven fencing.  Dave stated that fences don't bear the weight that a house would and the fence posts would be drilled.  Amber questioned what other areas have been explored for this proposal.  Gary responded that no other areas have been looked at.  Amber continued her questioning by asking if the environmental impact of this project has been reviewed and if traffic patterns and impact on housing valued have been looked at.  Dave Matthews explained, by referring to the map presented, that the entrance would be on Evergreen Hill between the second and third driveway for the apartments.  Amber questioned if the road width has been reviewed.  Dave Matthews stated that the road is dedicated to the Town and the gates will set back so that a car and boat will have room to pull in before reaching the gate.  The gate will also use a keypad-activated entrance.  Gary explained that the traffic volume for this type of business is very low, it may produce two or three cars daily.  Amber responded that if two or three RV's are trying to get out at one time that is a lot.  She also stated that these are larger vehicles and would be more likely not to see small children.  Another resident stated that there is already a traffic problem on Evergreen Hill with cars driving too fast.  Amber questioned what recourse the residents would have if the owner should fail to clean up damages or graffiti.  Dave Matthews answered that the residents would not have recourse.  Gary stated that he would stand on the reputation of his car wash, which he receives many compliments on.  Amber stated that there were no houses right next to the car wash.  Gary explained that there were houses in the woodlands behind the carwash and Fairway 7 is across the road.  Amber addressed the planning board and asked if land is becoming short, especially in the Macedon area of Gananda, why is the Town not making moves to do commercial zoning.  Ken Nawrocki replied that the Town could only enforce areas of Gananda that are within the Town of Macedon.  Walworth actually governs most of Gananda area.  The code for NCD does not say where in the district each project will be placed, however, it states that each will be looked at on an individual basis.  The code does require that this type of facility is provided and it also prohibits the storage of boats and recreation vehicles on residential properties.  The town can only ask the developer to comply with the zoning laws.  Amber questioned what the residents would need to do to change the zoning.  Scott Allen explained that only the owner of the property could petition the Town for a change in the zoning of a property.  Doug Allen stated that there would be no additional NCD zoning in the town and the town is trying to address the current issues involving this district.  Ken Nawrocki explained that the Town could only enforce the code that is currently on the books and only the area, which is in Macedon.  Ken explained that only about 60 acres of the NCD District in the Town of Macedon remains undeveloped and a plan is in place for this area on Hance Rd.  Amber stated that this project was a high concern for residents in the area due to the safety of the children.  She stated that she doesn't understand why the facility should back to residential housing and next to apartments that currently have issues with crime.  She stated that if she had done more research into the statistics of the apartments and the NCD zoning codes they would probably not have moved there.  She stated that she questioned the wisdom and logic of the location of this project.

Norman Scott, 3233 White Pine Lane, questioned why several boats and RV's parked at one location are better than one parked at a house.  He also added that vacancy rates at other storage facilities should be looked at.

Angel Mount questioned if anything was being done to prevent 18-wheelers from driving through the residential streets.  Gary responded that he could not imagine anything that would require a 18-wheeler from driving in and out of this location.  He continued to explain that provisions have been made in the gate to allow for moving vans.  He also stated that the driveway has been designed so that a car pulls in 45' before reaching the gate so that the vehicle is out of traffic.  He also stated that the sight distance is quite good in this area.

Richard Griffin, 3221 Holly Crescent, questioned if a survey has been done of the residents to determine if this facility is needed or wanted.  He stated that he is a RV owner himself and he stores it 10 minutes away.  He stated that there were plenty of facilities around and according to all these residents present this facility is not needed or wanted.  Gary replied that he was a businessman and would not invest in a project he didn't feel was needed.  Gary stated that he has reviewed the demographics of the area and the need for this facility.

Angel Mount questioned what would happen if the facility was to fail.  Gary stated that he is taking the phased approach to the buildings because he believes that there is currently a need for one building.  As the need arises more building could be added and he doesn’t feel that the situation will arise where the one building will not be needed.  Doug explained that there was nothing in the code that states the building would need to be removed.  Angel replied that the residents would then be left with an abandoned building.  Scott Allen replied that this is a risk with any business.

Further residential response was that the value of the houses in this area will decrease and if the property is unsuccessful and abandoned it will be a further detriment to the neighborhood.  Gary was asked why he had not researched any other property; it was stated that there was land available on Hance Rd.  The board members were asked if they would by a house next to a self-storage facility.  It was stated that the residents of the area do not want this facility at this location.

Tony Bouvia, 3229 White Pine Lane, asked why A1 Mini-Storage did not qualify for the requirement of a storage facility within the NCD District.  It was explained that this facility was not in the NCD District and it was not in the Town of Macedon.  Ken Nawrocki continued to explain that these were the Town of Macedon Laws and that this board only has the authority to ensure that they laws that are on the book within the Town of Macedon are followed.  He continued to explain that the Town Law also requires there be a balance of Residential, Commercial and Industrial uses within the NCD District and this would contribute to the balance.  Ken asked if any of the residents had children within the Gananda School District; many of them replied that they did or will have.  Ken continued to explain that the project will add a taxable property and will not cause any demand on the school district.  Ken explained that this project would bring revenue to the Town.  Residents questioned how much revenue would be created and if it would out weigh the reduction in property values.

Robert Blake, 3234 Holly Crescent, stated that his property backs to the property being discussed.  He stated that his house stands to loose value due to this project.  He also explained that now when he looks out his window he sees trees and a starry night and he does not want to see lights lighting up metal buildings behind his house.  He also told the board that he has children and he does not want his children playing next to a place that draws criminal activity.

Angel Mount questioned if there was really no other land available in the Gananda area that could accommodate this proposal.  Doug explained that the board deals with what is presented to us, the board does not go out and look for properties for specific projects.  Ken Nawrocki explained that this code was put on the book 15 years ago, however, Mr. Borkhuis was not planning this project 15 years ago and therefor did not have his pick of locations.  The only land Mr. Borkhuis has to work with is what is left still available and what the developer is willing to sell to him.  A resident asked Mr. Borkhuis when he purchased the land.  Gary replied that he has a deposit on the land and the final sale is contingent on the approval of this application.

Erich Koenig, 3218 Blue Spruce Drive, stated that Gary claimed he did demographics but he contested that the demographics are the people present tonight stating that they don't want it.  He also questioned Ken's statement that it was a benefit to the Town; Erich contested that the benefit does not outweigh the decrease in property value.  He stated that the board does not know all the facts.  Doug replied that, in turn, Erich did not know all the facts either.  Doug explained that the residents are assuming that the property values will decrease but they have no evidence of this.

Eldridge Mount questioned if this was a requirement of the zoning laws, why did the Planning Board not solicit a facility prior to the land in the NCD district being at 95% capacity.  Eldridge also asked if this was a convenient way for the planning board to support this business.  He stated that even though the law was put on the books 15 years ago, it doesn't have much president today.  Eldridge stated that he did not see this as being the intent of the law 15 years ago.  He continued to explain that this was not needed, according to his research there are other storage facilities in the area that have vacancies.  Doug stated that when the board was approached about this project at this location, the board thought this was a good idea to utilize this property.  Doug also explained that the board is not "pushing this project", the boards job is to plan the site.  Doug continued to explain that he knows Gary and he knows the Car Wash property owned by Gary and in Doug's opinion it is beautiful.  The residents responded that there is a difference between a car wash and a storage facility.  Doug stated that he was envisioning the same at the storage facility.  Doug explained that a decision would not be made on this project tonight due to the resident's response.  Doug explained that the developers could do anything, within the zoning law, in the NCD District on that property.  The Planning Board is only here to help with the planning of the site.

A resident asked who governs the NCD District.  Scott Allen explained that the Planning Board gives approvals for projects within the NCD District.  The term "NCD" was explained to the residents as being a zoning code which encompasses all types of zoning.  It is suppose to be a Planned Community Development.  A resident questioned where the open space is that is required in a planned community.  The Board responded that the residents should ask the developer.  Doug referenced the new development on Hance Rd and stated that there will be open space in that area.

Dave McPhee, 3250 White Pine Lane, questioned if Gary has approached Doug as an individual or was the board approached.  Doug explained that Gary approached the board, everything is always on the table.  Ken Nawrocki stated that Gary's reputation is a matter of fact.  Gary is known entity within the community and he is known businessman.  If this application is not approved the next application for this property may be from an unknown entity and they may not be as reputable of a businessperson.  Gary responded that the developer approached him; there are four other storage facilities operators who would like to build on this site but Gary was given the first opportunity due to his reputation.  A resident responded that the residents have told Gary that the business is not wanted there and if he builds this his car wash will probably go out of business because no one will use it.

Barb Litteer, 3216 Blue Spruce Drive, stated that everyone present would rather see a park at this location rather than a storage facility.  Barb asked what they needed to do as a community to make this a park.  Doug explained that only the owner of the property can determine what the property will be and therefor, the resident's best course of action would be to buy the property.  A resident asked who the current owner of the property was and the board explained that it was Home Properties.

Amber Walker stated that she was not slighting Gary as a businessman, however, the point the residents are trying to make is that they are questioning the logic of building a storage facility up against residential housing.

A resident asked what would happen if this requirement of NCD was not met, is their a penalty?  Doug explained that the board would just wait for another application.

Angel Mount stated that there would be an increase in traffic and it would be people that are unknown to the community.  She stated that when someone doesn't pay, an auction is held of the items that are left in the storage and that bring people into this residential area.

Jeanne Stockard, 3220 Holly Crescent, asked why the planning board is requiring this application so late in the development of this area, and why is this application tied to the development on Hance Rd.  Scott Allen explained that the Planning Board requested an application for a storage facility as a result of the Hance Rd development, however, they did not specify a location.  The residents responded that the facility should be by the Hance Rd development if this is a requirement for that project.

David Beaudet, 3197 White Pine Lane, commented that his wife and him moved to this area from Florida and did a lot of research over the Internet before choosing this area.  They found the Gananda area to be a nice quiet community setting with kids.  David continued to state that in Florida there are many beautiful car washes but not one beautiful storage facility.  He told the board that his friend lived in a facility in Florida for four years and the operator / owner of the facility never knew.  He told of another facility that one unit had been turned into a bar.  He continued to tell of a friend of his that had stored pool equipment in a unit and the chemicals leaked and caused damage in all the other units.  David explained that all of these facilities had rules, fences and trees just like the one proposed, however, this type of activity still occurred.

Sheila Mihalitsas, 3228 Holly Crescent, questioned if there were four other developers interested in this sight would the neighborhood people need to come in to each public hearing.  Scott Allen explained again that this was an NCD District and the next application presented could be for a different project and if the neighborhood still had concerns they should come to the public hearings to be heard.

Will Buchko, 3225 White Pine Lane, questioned if this project was approved if their was any recourse they as citizens could take to challenge the boards decision.  Scott Allen explained that it would be a legal process under Article 78.  Will continued by asking what they as citizens could do to have this property rezoned.  Scott explained that the owner of the property would need to petition the Town Board to rezone the property, however, the Town is not likely to spot zone within the NCD District.  Doug Allen stated that the citizens best defense would be to own the property.  Will finished by stating that they moved to the Gananda area because it appeared to be a well-planned community including both residential and commercial property, however, this is a residential area of the community and this would ruin the neighborhood view.

Chris Prado, 3192 White Pine Lane, questioned if there is a storage facility close by with several openings, what makes Gary so special as a businessman that he will make money at this.  Gary responded that most people who utilize self-storage facilities live within a three-mile radius of the facility.  Gary continued to state that he would not be doing this if he didn't feel there was a business case to support this project.

Eldridge Mount stated that this was obviously not needed by the people who live within the Gananda area due to the public comment this evening and because there is a facility less than three miles away that has open spaces.  Eldridge continued to state that this project would bring people form outside the NCD District to use the facility and it was discussed earlier that this application was suppose to be for the benefit of the NCD residents.  It was explained that the NCD code requires that this be provided within the district, however, the customer base is not limited to the NCD residents.  Eldridge stated that a storage facility is not a daily stop for people so it is not necessary for it to be located within a three-mile radius.  Gary stated that the three primary factors considered by people when choosing a storage facility are location, security and price.  This is according to a recent weeklong seminar Gary attended on self-storage facilities.

Tony Severin, 3201 White Pine Lane, asked that the board clarify if the code read that the facility should be for the sole use or the sole convenience of the residents of the NCD District.  Dave Matthews stated that the code read "sole convenience".  Tony asked if it is possible that the facility that is currently located within three miles could be considered a convenience to the NCD residents.  Ken stated that an interpretation of the code would be needed to determine that.  A resident responded that most people drive further to go to work everyday.

Dave Morrison asked why doesn't the board get an interpretation of the zoning from the Town Attorney.  Ken Nawrocki questioned Dave's point concerning the relationship between this application and the Salvage / Recycling law.  Dave explained that it is due to the storage of vehicles and that is why he is requesting an interpretation.

A resident questioned if this board was elected.  It was explained that the Planning Board is appointed Ken Nawrocki stated that he as a councilman was elected.  A resident asked the board to please deny this application and the next three that are in line for this property and help the residents make this property a park.  The resident stated that this would be in the best interest of the community.

Amber Walker, 3226 Blue Spruce Drive, questioned that if the storage of boats and RV's is a problem within the NCD District, why can't the Zoning Officer site the residents for this.  Scott explained that he was the only person within the town to do this and he doesn't have the time needed.  He also explained that he could not selectively enforce this is the Gananda area, he would need to site homeowners town wide which would be a very time consuming task.  The residents stated that if Scott could not enforce the zoning now, adding a storage facility would not necessarily decrease the number of illegally parked boats and RV's.  Doug Allen stated that the Gananda area is a cluster development and due to the houses being so close together, RV's look even bigger.  Scott also explained that people have their boats and RV's parked in their driveways and end up parking their cars on the road then the Building and Zoning Office receives complaints from the school bus drivers.

Bill Buchko, 3225 White Pine Lane, questioned if the approval of this application is necessary for the continuing development of Hance Rd.  Doug Allen explained that the board is requiring the developer to keep their promises.  The only requirement placed on the Hance Rd development concerning this issue was that an application needed to be presented.

Ken Nawrocki stated that if the residents of this area have other concerns, they should attend a Town Board meeting and address them.  The residents stated that other issues included speed control, a park area and crime.  Ken stated that when the residents came to the Town Board to address these issues they should be just as passionate.  Amber Walker stated that when she moved into the area, she was not even sure which local government she should go to.  Ken continued to explain that the Planning Board is there to enforce the code that is on the books now, the Town Board would handle other points of interest.

Gary addressed the board again; stating that he felt the crime is being overstated.  Gary stated that it is up to the owner of the facility to operate and run the facility so that these issues don't occur.  Gary told the board that the keypad gate would record who is coming and going and the times entered and leaving.  Gary also stated that he is known for planting many of the trees around the Gananda area, including those on Blue Spruce, White Pine and Holly Crescent, and he has an interest in the Gananda area.  Gary stated that he is interested in keeping the area nice, making the area look good and run well.  Gary also stated that he has listened to the residents concerns.  Gary stated that he is not planning on having running water on the property so many of the things cannot be done, no one would be able to grow anything and no one would be able to live in a unit.

A resident responded that a convicted murderer was found in Evergreen Hills already and questioned how Gary would know what type of people he was renting space to.  Another resident also asked if Gary would sign a written agreement stating that any graffiti would be removed immediately and he would take down the building if the business were unsuccessful.  The residents stated that no one on the board needed to worry about these issues because they don't live there, however, the residents stated that they don't want this project, they don't see the benefit and it will decrease their property values.  One resident thanked the planning board for listening to the concerns of the residents.  Another resident requested that the planning board keep an open mind and keep the families of the area in mind when reviewing this application.  Doug finalized the public hearing by stating that no vote would be taken tonight, this board discussion would continue at the next meeting.  A motion to close this public hearing was made by Tom Ferreri, seconded by Kevin Rooney, all in favor.

NEW BUSINESS

Waasdorp - Pecora Estate / Farmington Rd / 1 Lot Realty Subdivision / Final
This is a realty subdivision of 4.7 acres from the Pecora Estate to be conveyed to Robert Waasdorp and joined with his current property.  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 final subdivision approval was made by Tom Ferreri, seconded by Tom Morrison, all in favor.

OLD BUSINESS

Spite / Quaker Rd / 1 Lot Subdivision and Site Plan / Preliminary and Final
Scott Allen stated that the plans presented meet the requirements for final approval, three trees will be added.  A motion to grant a negative declaration on the SEQR was made by Mert Bartels, seconded by Kevin Rooney, all in favor.  A motion to grant preliminary and final approval subject to the Town Engineers comments was made by Mert Bartels, seconded by Kevin Rooney, all in favor.

Borkhuis - Evergreen Hill Self Storage / Evergreen Hill / 1 Lot Subdivision and Site Plan / Preliminary and Final
A motion to table the board discussion until the workshop meeting on March 25, 2002 was made by Kevin Rooney, seconded by Mert Bartels, all in favor.  It was explained to the applicant and the residents that the board would like to consider the comments made this evening before discussing this application further.  The workshop meeting is open to the public; however, it is not a public hearing.

SKETCH APPROVALS

Aurora Development Inc / East Ave / 1 Lot Subdivision and Site Plan / Sketch
Jason Monroe of Lu Engineers was present to address the board.  Jason gave a background of this application stating that although sketch plan approval was previously granted, there are several changes that warrant a sketch plan review.  The plan presented included the following changes: building size, parking, landscaping, gravity septic vs. a pump station and upgrade of the public water main.  Jason stated that the Wayne County Planning Board has given a positive referral.  Scott Allen explained that the water main would be installed as a dedicated main, however, the existing residents would not be required to hook up, hook up would be at their own convenience and cost.  Tom Morrison questioned if the road was going to be wider.  Jason stated that there was a 60' right a way for future dedication starting at the property line.  Jason stated that he was working with Scott and Dick Roets on the road.  Scott explained that if the road were to be dedicated in the future inspection would need to be done during construction.  Kevin questioned if the developer was really willing to pay for 450' of dedicated road.  Jason stated that the applicant was.  The building proposed is to house office space and Prestige Millwork.  Jason explained that Prestige Millwork only had 1 employee on site most of the time and the maximum number of employees on site would be 3-5.  Jason explained that the size of the building is due to the need for space for this type of work.  The previously proposed Landscape Company has been removed from the plan and that area will be used to store finished product from the millwork shop.  Jason explained that the proposed parking is to code and there is additional banked parking available.  Jason also explained that he felt this application was a good transition from the residential area of this road to any future ORM development in this area.  Jason stated that the Engineering Comments were mostly technical in nature and he would work directly with Scott and Dick Roets to resolve any issues.
Kevin asked about the letter that was presented by Jason concerning landscaping.  Jason explained that this was a letter that the applicant sent to Mr. and Mrs. Yackiew offering to install a landscape buffer.  Jason stated that this was a good faith effort on the applicant's part, however, no response has been received to date.  Tom Ferreri questioned the trucks that would be traveling this road.  Jason stated that nothing larger that an oil delivery six-wheel truck would be needed for this business.  Jason stated that nothing large is shipped in because the millwork is all custom made, the other office would be a real estate office.  Jason also stated that the code allows for a caretaker's residence on the property.  Tom Ferreri stated that the letter presented reads that product is shipped out of state.  Jason explained that this is all done with six-wheel trucks.  Tom Ferreri stated that he still has concerns with the layout of East Ave.  Tom did not feel it was advantages to get anything larger that a pick up in this area.  Kevin questioned the ability for emergency equipment to get into the area.  Scott explained that this is a Town dedicated road and if it is not adequate, this is the town's problem.  Tom Ferreri asked if the road would be able to be re-configured due to the S-curves.  Jason stated that the neighbors in this area seem to be more concerned with the vegetation along the road that they would be loosing by doing work within the right a way.  Scott explained that the pavement width varies on the road and it would be helpful if the residents were not parking their vehicles in the right a way.  Jason stated that there was no other way to access this property except from Canandaigua Rd, which is quit a distance.  Kevin stated that he thought the low traffic level of the proposed businesses was a good thing, however, he has concerns about the future development of lot two.  Tom Ferreri stated that his concern is not with the quantity of traffic but the size of the traffic on the curved road.  Jason explained that more progressive planning areas use this type of road layout to their benefit.  Jason also stated that if the town will work with this applicant they would like to resolve these issues.  Tom Ferreri questioned if the building was to be sprinkled.  Jason stated that it was not planned, however, there would be other fire deterrents in place.  Scott explained that this would be reviewed with the building plan.  Tom Ferreri also asked if the millwork shop would finish the product on site.  Jason stated that the majority of the finishing would be done off site, any finishing done on site would be done with water base finishes.  There are no floor drains proposed in the building.  Tom Morrison stated that the revised plan addresses many of the concerns previously presented and although he has concerns about the future development he can live with what is proposed now.  Kevin stated that if Aurora puts money into the road and the water they would want to do more development in the future.  Jason stated that the master plan shows this area as being high density residential.  Tom Morrison asked about lighting.  Jason stated that it is not shown on the sketch plan, however, both the lighting and the building will appear residential in nature.  The height of the sidewall is proposed at 16', the ORM code states maximum building height of 48'.  A motion to grant sketch plan approval was made by Tom Morrison, seconded by Kevin Rooney.  Tom Ferreri opposed based on the fact that the building isn't sprinkled and the safety issues with the S-curves.  Scott stated that the building being sprinkled is a building code issue.  Everyone else was in favor.

Williams - Dillon / Beebe Rd / 1 Lot Site Plan / Sketch
Ron Kreiling of Kreiling Associates was present to address the board.  Ron stated that the proposal includes connecting to town water at the main opposite of Willowdale and go under Beebe Rd.  Ron stated that the service would probably be 1", however, no calculations have been done yet.  Scott explained that a private service in a right of way is highly unusual due to maintenance.  Ron addressed items one and two of the Engineers comments.  He stated that the wetland delineation was done by DEC a year ago and it was presented the same as in 1987.  Scott stated that this did not determine federal wetlands.  Ron also stated that a leach system is proposed and the percolation tests were decent.  Ron stated that they were shown on the map and were witnessed by MRB.  Ron explained that they were raising the structure with 4' of fill around the house and the basement will be 2' below existing grade.  Ron stated that he walked the lot last Thursday after it had rained and he was encouraged.  Ron stated that the driveway culvert shown is 30", however, that will be larger.  Kevin questioned if the lot was filled did it need to sit for a period of time.  Scott stated that if the lot was being filled for septic purposes then it would.  Scott again addressed the issue of the federal wetlands stating that the Army Corp of Engineers should be contacted.  Scott also explained that the house to the East had failed percolation tests and was built with a raised septic system.  The major issues for this application include a Federal Wetland Delineation, the general grade of the lot and the raised septic system issue.  Scott explained that the septic systems on Willowdale are historically bad and they are higher than this proposed system.  Ron agreed that if those houses were proposed today, they would probably not be built.  The board questioned if this house could be built without future problems.  Doug stated that the Town has discussed properties within the Town that are not developable and this property has come up in those discussions.  He stated that the applicant was entitled to submit the application for approval but additional processes may be required for approval.  Scott stated that the property does warrant extra consideration and a standard system may not be feasible.  Kevin asked if Ron had contacted the Army Corp of Engineers yet.  Ron stated that he hadn't.  Tom Morrison stated that he had concerns with the septic; he stated that if it is a wet year it could cause problems.  Tom stated that he also had concerns about a basement under this house and thought a slab may be better.  Mert Bartels agreed that he would reconsider the basement and the septic issues.  Kevin stated that he would like to see the Federal wetland delineation.  Ron stated that it was the intent of the applicant to have a basement and stated that future difficulties are the homeowners and design engineers liability.  The board discussed granting sketch plan approval contingent on the federal wetland delineation, review of the septic system and the resolution of the private water service location, however, the board felt there were too many major issues to grant sketch.  A motion to table this application due to the outstanding issues was made by Doug Allen, seconded by Mert Bartels, all in favor.  Scott stated that he would talk with the Town Attorney and Dick Roets concerning the water service issues.

TOWN BOARD REFERAL

Calvary Chapel / 1675 N Wayneport Rd
Steve Water was present to address the board.  He stated that the Town Board needs an advisory decision from the Planning Board concerning the allowance of the Calvary Chapel Church at 1675 N Wayneport Rd.  Steve explained that the church is planning on building a new facility within 3-5 years, however, they need a space to occupy at this time.  Steve stated that the current congregation is approximately 130 with a regular Sunday attendance of about 100.  The Church would occupy 3200 SF of office space and 3800 SF of open space to be used as a chapel.  Steve stated that the 80+ parking spaces available are adequate.  Steve stated that the code reads that businesses that are not a hazard or undesirable would be allowed and contested that a church is neither.  Steve explained that the church would have a three-year lease with two one-year options.  Steve also explained that this would draw people from outside the Town to see what Macedon has to offer and would cause a trickle down effect for local businesses.  Steve also contested that the traffic flow would not be interfered with due to the opposite hours of operation with the Town office currently located in the building.  Scott gave a caution that this is an ORM District and legitimate business operates here, this proposal is not a primarily listed use in this area.  A motion to grant a positive referral to the Town Board for the allowance of Calvary Chapel to occupy space at 1675 N Wayneport Rd was unanimous.

FILL PERMIT

Alpco / 846 Macedon Center Rd - Wilcox Rd / Fill Permit
Jim Steiger, General Manager at Alpco, was present to address the board.  He stated that Alpco would like to finish the fill of the depression off Wilcox Rd.  He told the board the timeline for completion is five years and Scott Allen suggested that the board base the expiration date of the fill permit on the work that needs to be done.  Tom Morrison stated that he felt it should have a yearly special use permit approval.  Scott explained that this was not a special use permit, he also stated that the fee schedule for this type of permit has changed based on the fill type being used.  (Clean fill vs. demolition fill)  Tom Morrison stated that only materials approved by DEC should be used that some concrete materials and re-bar are not allowed.  Jim explained that all fill used is acceptable by DEC standards and any re-bar they pull out for scrape.  Scott Allen will obtain standards from DEC.  Kevin Rooney asked if the existing conditions should be tested as a standard for future use.  Jim stated that Al Plumb told him that a test pit currently exists and is periodically monitored.  Jim was not sure when the last test was done.  Scott asked what the reclamation plan was for this area.  Jim stated that they planned to match the existing area with topsoil, seeding and mowing.  Jim also stated that there are currently 36 evergreen trees on the property.  Jim stated that they would match the contour of the property and there are not current plans for development.  Tom Morrison stated again that he was opposed to the permit being approved for longer than a year.  Tom stated that other businesses need to come in yearly for approval and for consistency, this permit should be approved the same way.  Scott stated that there are no guidelines for this and if the board was to issue the permit for the time needed to complete the filling, that the zoning officer would be responsible for monitoring.  Scott also explained that this would reduce the labor in the office.  Ken Nawrocki questioned if controls are in place, why an annual review by the board would be needed.  Tom Morrison stated that he felt five years was way too long; he also stated that there are controls on the others and they still need to come in annually for review.  Jim added that the five-year term is also based on current business conditions, which may change.  Scott asked of they were planning on doing the restoration in a staged manner.  Jim explained that the area to be filled is 3.2 acres and is approximately 25 feet deep.  Jim explained that they would like to fill from West to East with reclamation as they go.  A motion was made by Tom Morrison, seconded by Tom Ferreri to grant a fill permit for 3.2 acres to expire on 3/11/04 with the following conditions:
1. Fill will proceed from West to East with phased reclamation, reclamation to consist of 6" of topsoil and seeding
2. 2. Only DEC approved fill is to be used
3. Fill should be no higher than the adjacent contours or 2' above the elevation of Wilcox Rd
4. Ingress and Egress should be through the exiting complex
5. Hours of operation for this permit are regulated to Monday-Saturday, 7am-7pm
6. Permit is subject to yearly review by the Zoning Officer and Town Engineer
All in favor.

ADJOURNED 11:10 P.M
 

Minutes respectfully submitted by Jennifer Habecker