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

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

PB-31-04 – Wal-Mart Supercenter/APD Engineering – Route 31 – Site plan & realty subdivision – Present on behalf of the applicant were Steve Cleason, APD Engineering, and Neal Madden, Harter, Secrest & Emery. Mr. Cleason explained a possible change at the entrance from Route 31 due to the gas pipeline right-of-way. APD will be meeting with the gas company within the next week. Any site plan approval would be based on the plan as presented, and a change will require returning to the Planning Board for site plan modification.

Items in the Town Engineer's Review Letter were discussed including berm height along Route 31 (3-4 ft. above road centerline along parking lot; 5 ft. in front of gas station); berm plantings (trees); outside storage enclosures (10 ft. split-faced block); height of light poles (35 ft. vs. 42 ft.). After discussion, Board members were polled as to their preference for the pole height: Messrs. Bartels, Gagne, Morrison & Rooney recommended 35 ft. height; Mr. McEwen recommended 42 ft. height; Messrs. Ferreri & D. Allen had no preference. Additionally, Town Engineer Scott Allen explained there were several technical issues to be resolved, and he will address these with Todd Markevicz of APD Engineering.

Motion was made by Brian Gagne, seconded by Kevin Rooney, to grant realty subdivision and preliminary/final site plan approval to Wal-Mart Stores, Inc. per Resolution and conditions, including the Engineering Review Letter of 04/25/05, List of Conditions of Preliminary/Final Site Plan Approval dated 04/25/05, site plan as presented 04/25/05, and approval by Town Engineer Scott Allen of conditions reviewed at this meeting.

Roll vote was taken as follows: Bartels – yes; Ferreri – no; Gagne – yes; McEwen – yes; Morrison – yes; Rooney – yes; Allen – yes. Therefore, this motion is passed.

Z-09-05 – Wal-Mart Real Estate Business Trust – Route 31 – Area Variance – Sections 135-190-A, 190-B, 190-C, 190-D, 190-E – Number & size of signs – Applicant has met design & architectural changes requested by the Planning Board for the pylon sign and building façade. Board offered no opinion on size and number of signs.

PB-05-05 – Hartnagel – 2520 Route 31 – Area Variance – Section 135 Schedule I – Front setback – The Board offered no opinion.

PB-08-05 – VanGordon/Hutchison – 1208 Canandaigua Road – Area Variance – Section 135-64-J-1 – In-law apartment larger than allowed by Code – Board gave a positive referral.

Motion made by Brian Gagne, seconded by Mert Bartels, to approve the 4-11-05 minutes. All in favor; minutes approved.

Motion to adjourn made by Brian Gagne, seconded by Mert Bartels. All in favor; meeting adjourned at 8:58 p.m.

Respectfully submitted,

Susan Bush

Clerk to the Board