PRESENT: Chairman Doug Allen, members Mert Bartels, Tom Ferreri and Kevin Rooney. Also present were Councilman Ken Nawrocki, Town Engineer Scott Allen and Town Attorney Anthony Villani. Absent were Brian Gagne, Mark McEwen and Tom Morrison.

Chairman Allen called the meeting to order at 7:35 p.m.

PB-10-04 – Song – 203 Wilkinson Road – One-lot subdivision & site plan – Single-family residence – Dave Matthews, Matthews Consulting, reviewed site plan changes resulting from the Board's previous review. The narrow "neck" on Lot #1 has been eliminated and acreage has been combined with Lot #2. The Robson's house on the adjoining parcel has been shown with appropriate distances to property line and proposed building on Lot 2. Location of septic system for existing house (Lot #1) has been shown per Town records. Having a shared driveway between Lots #1 & #2 is not feasible due to slope (17% vs. 12% allowed by Town). Driveway for Lot #1 will remain through existing easement with Robson. Mr. Matthews also noted there is insufficient road frontage for further re-subdivision. Motion for negative SEQR declaration made by Kevin Rooney, seconded by Mert Bartels. All in favor; motion carried. Motion made by Kevin Rooney, seconded by Mert Bartels, to grant preliminary/final subdivision & site plan approval with the condition no further subdivision be allowed by access from Wilkinson Road. All in favor; motion carried.

PB-31-04 – Wal-Mart SuperCenter/APD Engineering – Northeast corner Wayneport Road & NYS Rt. 31 – Retail site plan & subdivision – Present on behalf of the applicant were: Neal Madden – Harter, Secrest & Emery; Todd Markevicz – APD Engineering; Ray Trotta – Bergmann Associates.

Todd Markevicz presented an overview of the more detailed site plan submission, including the Environmental Assessment, site plan maps, traffic studies, stormwater management, wetland delineation & cultural resources. Site plan/subdivision now shows four (4) parcels: Wal-Mart SuperCenter; Wal-Mart gas station; dedicated road; balance of parcel remaining with the developer. They are working with the neighbors to finalize access agreements for mitigation purposes. The stormwater management report has gone to DOT. Wetland delineation has been completed and mitigation plan is being finalized for submission to the Army Corps of Engineers. They are working with the power company (transmission lines) and Empire Pipeline (gas main). Need to determine depth of gas main. Preliminary submission has gone to Wayne County Planning Board, and APD may make a presentation at the 1/26/05 meeting.

Ray Trotta then presented a new building elevation, including the view from Wayneport Road. Some plantings have been changed to evergreens. All sides of the building will have the same finish as the front. Minor changes were made to the entrances and front façade. Building will have face lighting for security & visibility. Mr. Trotta also stated that Don Walker, Wal-Mart Security Services, would be willing to work directly with the Police Department regarding a possible substation.

Public Hearing will be held on Monday, February 14, 2005. Prior to that a workshop meeting be set up with the architect, engineering firm, Town Engineer, two Planning Board members and two Town Board members to define architectural style and details. Question was raised whether the TLE (tire/lube express) requires a Special Use Permit or if it is considered a permitted use. Workshop members will discuss this as well.

A resolution (attached)* was presented to: (1) Confirm Planning Board lead agency for SEQR; (2) Refer application to Wayne County Planning Board; (3) Set Public Hearing for Monday, February 14, 2005. Motion made by Mert Bartels, seconded by Kevin Rooney, to adopt the resolution as written. All in favor; motion carried.

A thorough review will be made for zoning variances, including rear setback from dedicated road (due to power pole), number/size of signs and gas station parking lot setback. ZBA application needs to be submitted by February 16^th for the March 9^th meeting. Special Use application may be made at any time.

At the request of an audience member, Town Engineer Scott Allen explained the difference between Area and Use Variances.

PB-33-04 – Harv's Harley-Davidson – 3120 Kittering Road – Modification of site plan approval – The Town Board has given approval for expansion of this non-conforming use. Planning Board members would like to see building plans and drainage/grading prior to approval. Town Engineer will request applicant to provide plans, along with photos showing building façade and area where addition will be placed.

Town Board Referral – Local Laws 1 to 6 – Scott Allen explained changes proposed in each of the Local Laws (attached)*.

Local Law #1 – Addition of Automatic Alarm Systems to Town Code – Warnings, fines and emergency access. Motion made by Kevin Rooney, seconded by Mert Bartels, to recommend approval of Local Law #1. All in favor; motion carried.

Local Law #2 – Revisions to Solid Waste Ordinance – Intent to regulate and regulation of landfills and protection of closed Town landfill. Motion made by Mert Bartels, seconded by Kevin Rooney, to recommend approval of Local Law #2. All in favor; motion carried.

Local Law #4 – ORM – Addition of Solid Waste Landfills to Special Uses and removal of caretaker residences from the Provisions. Motion made by Kevin Rooney, seconded by Mert Bartels, to recommend approval of Local Law #4. All in favor; motion carried.

Local Law #5 – Special Use Permit Requirements for Solid Waste Landfills. Authorization/approval would be by the Town Board. Motion made by Mert Bartels, seconded by Kevin Rooney, to recommend approval of Local Law #5. All in favor; motion carried.

Local Law #3 – Increase in Minimum House Size. Minimum sizes are increased as follows: 1 story house – 1,000 to 1,250 sq. ft.; 1-1/2 story house 1,200 to 1,400 sq. ft.; 2 story – 1,500 to 1,800 sq. ft. Motion made by Kevin Rooney, seconded by Mert Bartels, to recommend approval of Local Law #3. All in favor; motion carried.

Local Law #6 – AR-40 – Changes in Permitted Accessory Uses – Size, height and number of accessory buildings and further definition of keeping farm animals on parcels of 5-10 acres. Motion made by Kevin Rooney, seconded by Mert Bartels, to recommend approval of Local Law #6. All in favor; motion carried.

The Board was unable to approve the 1-10-05 minutes due to lack of proper quorum.

Motion to adjourn made by Kevin Rooney, seconded by Mert Bartels. Meeting adjourned at 9:31 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board