NO. 23 PAGE 1
DECEMBER 12, 2002
WEB SITE http://macedontown.net
A Regular Meeting of the Town Board of the Town of Macedon held December 12, 2002 at the Town Complex, 1675 North Wayneport Road, in the Town of Macedon, was called to order by Supervisor William H. Hammond at 7:30 p.m.
Upon Roll Call, the following members of the Board were present:
Councilperson………………Dean Collins
Councilperson………………Paul Kenyon
Councilperson………………David Maul
Councilperson………………Ken Nawrocki
Councilperson………………William Hammond
Also Present: Town Attorney……………..Anthony Villani
Town Engineer……………..Scott Allen
Town Clerk………………....Judy Gravino
RESOLVED the Board approves the minutes of November 14, 2002 as presented.
MOTION BY MAUL, SECONDED BY COLLINS
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
REPORTS – The Supervisor presented the following:
Macedon Police November Monthly Report
Town Clerk’s November Monthly Report
2003 Planning Board Submission & Meeting Schedule
Zoning Board of Appeals Submission & Meeting Schedule
Macedon Recreation Director’s October, November & December 2002 Reports
RESOLVED the reports submitted be approved.
MOTION BY MAUL, SECONDED BY NAWROCKI
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Board schedules the Organizational Meeting on January 2, 2003 at 7:30 p.m. to be held at 1675 North Wayneport Road.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Board authorizes the budget adjustments and transfers as submitted by Kim Leonard, Accountant dated December 2, 2002.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED that the Accountant, Kim Leonard be authorized to make any necessary adjusting and budgetary journal entries in closing the 2002 fiscal year.
MOTION BY KENYON, SECONDED BY NAWROCKI
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 23 PAGE 2
DECEMBER 12, 2002
RESOLVED the Board amends Resolution No. 288 (02) SNOW & ICE CONTRACT – STATE to expire June 30, 2005.
MOTION BY KENYON, SECONDED BY MAUL
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
CORRESPONDENCE – The Supervisor presented the following:
1. Palmyra-Macedon Central School District snow removal contract
2. Gananda Central School District letter dated December 9, 2002 requesting a no passing zone on Route 350.
3. Village of Macedon October 9, 2002 and October 23, 2002 Meeting Minutes
4. Macedon Library Minutes November 19, 2002 & November 26, 2002
5. Janet Schumann filed a complaint regarding the red tag removal from the Forsay house at 1835 Daansen Road.
6. Gananda Central School is seeking funding for a project that promotes a safe school environment. The work consists of eight public service announcements conveying the messages of “It’s Your Choice’ and “Be a Reporter”.
RESOLVED the Town Clerk file a request to NYSDOT in regards to a petition received by the Town Board to have a No Passing Zone on Route 350 from the O’Neil Road intersection to the Barnes Road intersection.
MOTION BY KENYON, SECONDED BY NAWROCKI
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NYSEG has requested an easement for utility poles on Quaker Road. The Board will continue the discussion after the mining permits.
Town Engineer, Scott Allen stated that five (5) of the mines are in order and that all conditions will remain the same as last year. The remaining two (2) will be scheduled in January. Supervisor Hammond asked for any public comment and hearing none the following resolutions were passed.
RESOLUTION NO. 324
(02) SPEZIO - REGIONAL SAND &
GRAVEL –
RESOLVED that renewal is granted to Joseph Spezio for a Mining Permit located on the West Side of Walworth Road to expire December 31, 2003 subject to:
(1) The applicant shall secure a NYSDEC mining permit for operation prior to the issuance of a permit hereunder by the Town, and shall comply with all conditions imposed under said NYSDEC mining permit.
(2) The project shall be operated in accordance with the provisions of Section 135-173 of the Zoning Ordinance of the Town of Macedon, and in strict conformity with such other rules and regulations reasonably established and imposed by the Town Board from time to time, and the permit shall be revocable by the Town Board at any time that any of the terms and conditions referred to herein, or otherwise imposed, are not met.
(3) Permit renewal will be considered in December of 2003. An annual inspection shall be required to be scheduled with the Town and design engineer by the Operators by October 10 of each year proceeding expiration of annual permit and applications be submitted in November prior to their December renewal date. At the time of annual inspection and permit renewal any noise or similar complaints will be considered.
(4) Only that area described in the application and plans submitted shall be utilized.
NO. 23 PAGE 3
DECEMBER 12, 2002
(5) No topsoil shall be removed from the site.
(6) The site will be open for inspection at all times. The Town Engineer and Code Enforcement Officer shall inspect the subject premises annually and file a written report of said inspection with the Town Clerk attesting to compliance and any and all other restrictions as may be imposed by the Town Board from time to time.
(7) The applicant shall provide the Town with a certificate of insurance naming the Town as an additional insured in an amount of one (1) million dollars per occurrence and two- (2) million-dollar aggregate.
(8) All utilities shall be underground.
(9) The permit shall be nontransferable.
(10) An applicant shall pay the Town Clerk a regulatory fee of four cents ($.04) per ton, minimum regulatory fee $300, of excavated material, including gravel, stone, topsoil, wood products and the like, removed from the applicant’s excavation premises during the previous year according to the applicant’s records, which shall be made available to the Town Board for inspection for the purpose of verifying the quantity of materials excavated and removed prior to renewal of permit.
(11) Updated plans showing current limits of excavation and phasing (if applicable), restoration progress outlining areas that have been reclaimed to date, etc. prior to renewal for the year 2004. Updates will be required thereafter as deemed necessary by the Town Engineer or Code Enforcement Officer.
Special Conditions:
(1) Any and all conditions as addressed in the letter from the Town Engineer dated December 9, 2002 must be complied with.
(2) Truck traffic to enter and exit from the north only, except for local delivery purposes.
MOTION BY HAMMOND, SECONDED BY NAWROCKI
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
DAANSEN ROAD
RESOLVED that renewal is granted to Don McPherson for a Mining Permit located on the East Side of Daansen Road to expire December 31, 2003 subject to:
(1) The applicant shall secure a NYSDEC mining permit for operation prior to the issuance of a permit hereunder by the Town, and shall comply with all conditions imposed under said NYSDEC mining permit.
(2) The project shall be operated in accordance with the provisions of Section 135-173 of the Zoning Ordinance of the Town of Macedon, and in strict conformity with such other rules and regulations reasonably established and imposed by the Town Board from time to time, and the permit shall be revocable by the Town Board at any time that any of the terms and conditions referred to herein, or otherwise imposed, are not met.
(3) Permit renewal will be considered in December of 2003. An annual inspection shall be required to be scheduled with the Town and design engineer by the Operators by October 10 of each year proceeding expiration of annual permit and applications be submitted in November prior to their December renewal date. At the time of annual inspection and permit renewal any noise or similar complaints will be considered.
NO. 23 PAGE 4
DECEMBER 12, 2002
(4) Only that area described in the application and plans submitted shall be utilized.
(5) No topsoil shall be removed from the site.
(6) The site will be open for inspection at all times. The Town Engineer and Code Enforcement Officer shall inspect the subject premises annually and file a written report of said inspection with the Town Clerk attesting to compliance and any and all other restrictions as may be imposed by the Town Board from time to time.
(7) The applicant shall provide the Town with a certificate of insurance naming the Town as an additional insured in an amount of one (1) million dollars per occurrence and two- (2) million-dollar aggregate.
(8) All utilities shall be underground.
(9) The permit shall be nontransferable.
(10) An applicant shall pay the Town Clerk a regulatory fee of four cents ($.04) per ton, minimum regulatory fee $300, of excavated material, including gravel, stone, topsoil, wood products and the like, removed from the applicant’s excavation premises during the previous year according to the applicant’s records, which shall be made available to the Town Board for inspection for the purpose of verifying the quantity of materials excavated and removed prior to renewal of permit.
(11) Updated plans showing current limits of excavation and phasing (if applicable), restoration progress outlining areas that have been reclaimed to date, etc. prior to renewal for the year 2004. Updates will be required thereafter as deemed necessary by the Town Engineer or Code Enforcement Officer.
Special Conditions:
(1) Any and all conditions as addressed in the letter from Town Engineers dated December 10, 2002 must be complied with.
(2) Truck traffic to enter and exit from the north only, except for local delivery purposes.
(3) Statement from the owner of the property authorizing Don McPherson to mine said premises.
MOTION BY HAMMOND, SECONDED BY NAWROCKI
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLUTION NO. 326 (02) MC PHERSON MINING OPERATION - RT. 350
RESOLVED that renewal is granted to Don McPherson for a Commercial excavation operation on the East Side of NYS Route 350 south of NYS Route 31F to expire December 31, 2003 subject to:
(1) The applicant shall secure a NYSDEC mining permit for operation prior to the issuance of a permit hereunder by the Town, and shall comply with all conditions imposed under said NYSDEC mining permit.
(2) The project shall be operated in accordance with the provisions of Section 135-173 of the Zoning Ordinance of the Town of Macedon, and in strict conformity with such other rules and regulations reasonably established and imposed by the Town Board from time to time, and the permit shall be revocable by the Town Board at any time that any of the terms and conditions referred to herein, or otherwise imposed, are not met.
NO. 23 PAGE 5
DECEMBER 12, 2002
(3) Permit renewal will be considered in December of 2003. An annual inspection shall be required to be scheduled with the Town and design engineer by the Operators by October 10 of each year proceeding expiration of annual permit and applications be submitted in November prior to their December renewal date. At the time of annual inspection and permit renewal any noise or similar complaints will be considered.
(4) Only that area described in the application and plans submitted shall be utilized.
(5) No topsoil shall be removed from the site.
(6) The site will be open for inspection at all times. The Town Engineer and Code Enforcement Officer shall inspect the subject premises annually and file a written report of said inspection with the Town Clerk attesting to compliance and any and all other restrictions as may be imposed by the Town Board from time to time.
(7) The applicant shall provide the Town with a certificate of insurance naming the Town as an additional insured in an amount of one (1) million dollars per occurrence and two- (2) million-dollar aggregate.
(8) All utilities shall be underground.
(9) The permit shall be nontransferable.
(10) An applicant shall pay the Town Clerk a regulatory fee of four cents ($.04) per ton, minimum regulatory fee $300, of excavated material, including gravel, stone, topsoil, wood products and the like, removed from the applicant’s excavation premises during the previous year according to the applicant’s records, which shall be made available to the Town Board for inspection for the purpose of verifying the quantity of materials excavated and removed prior to renewal of permit.
(11) Updated plans showing current limits of excavation and phasing (if applicable), restoration progress outlining areas that have been reclaimed to date, etc. prior to renewal for the year 2004. Updates will be required thereafter as deemed necessary by the Town Engineer or Code Enforcement Officer.
Special Conditions:
(1) Any and all conditions as addressed in the letter from the Town Engineer dated December 9, 2002 must be complied with.
MOTION BY HAMMOND, SECONDED BY NAWROCKI
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
EXCAVATION - BARNES ROAD
RESOLVED that a Mining Permit is granted to Morrison Excavation for the Niven/Harrison Mine on the south side of Barnes Road to expire December 31, 2003 subject to:
(1) The applicant shall secure a NYSDEC mining permit for operation prior to the issuance of a permit hereunder by the Town, and shall comply with all conditions imposed under said NYSDEC mining permit.
(2) The project shall be operated in accordance with the provisions of Article XXI, 135-173 of the Zoning Ordinance of the Town of Macedon, and in strict conformity with such other rules and regulations reasonably established and imposed by the Town Board from time to time, and the permit shall be revocable by the Town Board at any time that any of the terms and conditions referred to herein, or otherwise imposed, are not met.
NO. 23 PAGE 6
DECEMBER 12, 2002
(3) Permit renewal will be considered in December of 2003. An annual inspection shall be required to be scheduled with the Town and design engineer by the Operators by October 10 of each year preceding expiration of annual permit and applications shall be submitted in November prior to their December renewal date. At the time of annual inspection and permit renewal any noise or similar complaints will be considered.
(4) Only that area described in the application and plans submitted shall be utilized.
(5) No topsoil shall be removed from the site.
(6) The site will be open for inspection at all times. The Design Engineer shall inspect the subject premises semi-annually and file a written report of said inspection with the Town Clerk attesting to compliance and any and all other restrictions as may be imposed by the Town Board from time to time.
(7) Letter of Credit with the NYSDEC shall be valid and a copy of such on file with the Town Building Department.
(8) The applicant shall provide the Town with a certificate of insurance naming the Town as an additional insured in an amount of one (1) million dollars per occurrence and two- (2) million-dollar aggregate.
(9) All utilities shall be underground.
(10) The permit shall be nontransferable.
(11) An applicant shall pay the Town Clerk a regulatory fee of four cents ($.04) per ton, minimum regulatory fee of $300, of excavated material, including gravel, stone, topsoil, wood products and the like, removed from the applicant’s excavation premises during the previous year according to the applicant’s records, which shall be made available to the Town Board for inspection for the purpose of verifying the quantity of materials excavated and removed prior to renewal of permit.
Special Conditions:
(1) Updated plans showing current limits of excavation and phasing (if applicable), restoration progress
outlining areas that have been reclaimed to date, etc. prior to next year’s renewal period (to be
submitted no later than October 1, 1998). Updates will be required every two- (2) years for all active
operations. (Next update due October 1,2003)
(2) Mining operation should include phased reclamation in concert with the opening of additional phases of the mine operation.
(3) Access road gate to be lockable and locked during all non-business hours.
(4) Town Board waives the 150’ buffer requirement in regards to the common property line/boundary between Niven and Harrison as indicated on the site map in the Phase 4 and 5 areas.
(5) Letters of Matthews Consulting to be incorporated as follows:
Mining Plan (6/19/97 and revised 8/25/97)
Reclamation (6/29/97 and revised 8/25/97)
Town Planning Board (8/25/97)
(6) Any and all conditions as addressed in the letter from Town Engineers dated December 10, 2002
MOTION BY HAMMOND, SECONDED BY NAWROCKI
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED that renewal is granted to Walter Pulcini for a Mining Permit located on the West Side of Daansen Road to expire December 31, 2003 subject to:
(12) The project shall be operated in accordance with the provisions of Section 135-173 of the Zoning
NO. 23 PAGE 7
DECEMBER 12, 2002
(13) Ordinance of the Town of Macedon, and in strict conformity with such other rules and regulations reasonably established and imposed by the Town Board from time to time, and the permit shall be revocable by the Town Board at any time that any of the terms and conditions referred to herein, or otherwise imposed, are not met.
(14) Permit renewal will be considered in December of 2003. An annual inspection shall be required to be scheduled with the Town and design engineer by the Operators by October 10 of each year proceeding expiration of annual permit and applications be submitted in November prior to their December renewal date. At the time of annual inspection and permit renewal any noise or similar complaints will be considered.
(15) Only that area described in the application and plans submitted shall be utilized.
(16) No topsoil shall be removed from the site.
(17) The site will be open for inspection at all times. The Town Engineer and Code Enforcement Officer shall inspect the subject premises annually and file a written report of said inspection with the Town Clerk attesting to compliance and any and all other restrictions as may be imposed by the Town Board from time to time.
(18) The applicant shall provide the Town with a certificate of insurance naming the Town as an additional insured in an amount of one (1) million dollars per occurrence and two- (2) million-dollar aggregate.
(19) All utilities shall be underground.
(20) The permit shall be nontransferable.
(21) An applicant shall pay the Town Clerk a regulatory fee of four cents ($.04) per ton, minimum regulatory fee $300, of excavated material, including gravel, stone, topsoil, wood products and the like, removed from the applicant’s excavation premises during the previous year according to the applicant’s records, which shall be made available to the Town Board for inspection for the purpose of verifying the quantity of materials excavated and removed prior to renewal of permit.
(22) Updated plans showing current limits of excavation and phasing (if applicable), restoration progress outlining areas that have been reclaimed to date, etc. prior to renewal for the year 2004. Updates will be required thereafter as deemed necessary by the Town Engineer or Code Enforcement Officer.
Special Conditions:
(1) Any and all conditions as addressed in the letter from the Town Engineers dated December 10, 2002 must be complied with.
MOTION BY HAMMOND, SECONDED BY NAWROCKI
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Board approves change order No. 1 to Nicoletta Construction in the amount of $2,019.40 to reinforce the town hall interior bearing walls and approves change order No. 2 in the amount of $20,125.00 to install 5/8” dry wall in both buildings under the truss cords and fire tape. The purpose of this change order is to provide the two buildings a seal from any heat or cooling loss. This will make the building more efficient and save money in the long run.
MOTION BY HAMMOND, SECONDED BY KENYON
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
NO. 23 PAGE 8
DECEMBER 12, 2002
PUBLIC HEARING – 8:00 PM – LAKER DEVELOPMENT REZONING PROPOSAL
CANANDAIGUA ROAD/RT. 31
RESOLUTION NO. 330 (02) WAIVE READING OF THE LEGAL NOTICE
RESOLVED the Board waives reading of the legal notice published in the November 25, 2002 issue of the Times.
MOTION BY KENYON, SECONDED BY NAWROCKI
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
Kim Thompson, FRA Engineering and Devin DalPos, Laker Development Group gave an overview of the rezoning request for the northeast corner of Route 31 and Canandaigua Road. The request includes five (5) parcels. Four (4) parcels encompass CVS currently zoned R30 and requested to go to GC. The fifth parcel, Macedon Ford that is currently a pre-existing non-conforming use is proposed to go from R30 to GC. The Macedon Ford is included to bring it in compliance. Total acreage of the proposal is approximately five (5) acres. The intersection is highly commercial and this would be an extension of that. The Henning Farm is located to the west and is proposed as commercial in the Master Plan. CVS will be 10,000 square feet and the bank will be 4,000 square feet. Access to and from will be on Canandaigua Road and Route 31. Each will have drive through windows. Water and gas are available. Sanitary sewer is currently to the east on Kemp Drive and will be extended along the former trolley bed. Storm water and drainage will be controlled and directed to the heavily wooded area to the old trolley bed as a detention facility. Greater set backs have been provided. A traffic study has been submitted to the Board. FRA is currently addressing additional issues with the Department of Transportation. Landscaping to the north will include a wooden fence and plantings. The Parking lot and entries will have lighting.
Supervisor Hammond asked for comments from the residents.
The concerns were as follows:
Don Meyers, 1579 Canandaigua Road – lighting, traffic, landscaping, removing large trees, and decrease in property values – Mr. Meyers was opposed.
John Knapp, 1571 Canandaigua Road – trouble filling the plaza when CVS is currently located there and already on the tax roll, may decrease property values, increase taxes, increase traffic which is already stacked up, noise levels from vehicles and individuals, lights from cars exiting shining on his house and neighbors house, turning lanes and if CVS leaves the site what would follow in the future
Al Tiberio, 1614 Canandaigua Road – Depth or dimension of barriers, green space, and retention pond
Kim Thompson, FRA – There will be 50 feet of green space on Route 31 and 40-45 feet on Canandaigua Road.
Councilperson Nawrocki – They will have to go through site plan approval.
Kim Thompson, FRA – There is a natural pit for storm water along the trolley bed toward Kemp Drive and runs under Route 31 toward McLouth Chevrolet. The water is currently low. This will be a controlled discharge at a rate that will not exceed what it is today.
Barbara Taberio, 1614 Canandaigua Road – There is a good deal of property zoned GC standing empty or vacant. This seems unnecessary. Have there been environmental impact studies done on the low lands? This is a dramatic change in the quality of life.
Mike Canny, 1612 Canandaigua Road – value of property as a building lot if they sell and current commercial areas could be used
NO. 23 PAGE 9
DECEMBER 12, 2002
Councilperson Kenyon – This is only a proposal from the developer to rezone.
Susan Meyers, 2342 Cornwall Drive – concerned about a rural community, difficult intersection, and green spaces
Jim Denniston, Real-estate Broker – Going west there is no commercial land vacant or available except near Flaherty’s.
Marc Weiner, 1113 Erie Street Road – concerned with the driveway on Route 31
Kim Thompson, FRA – The driveways for the bank and CVS have been consolidated. Route 31 will have a shared turning lane. The average number of stacking cars on Route 31 was 2-3 and Canandaigua Road was 2-3.
Debra Knapp, 1571 Canandaigua Road – The school district counted cars and felt it was unsafe for their children to cross Canandaigua Road to catch the bus. Your study was not done at 8 o’clock at night. The lights will shine in her kitchen and Don’s.
Kathryn Wootton, 1648 Canandaigua Road – moved from Fairport to get away from it, doesn’t see the need for more commercial business, concerned about the water, light and noise
Dorothy Meyers, 1277 Golf View Drive – People move into residential and it should stay residential.
Debra Berry, 1587 Canandaigua Road – doesn’t understand the need for it
Bill Perfetti, 1248 Route 31 – Lives across from Macedon Ford and can not get in and out now because of the traffic
Doug Gutberlet, 1632 Canandaigua Road – concerns included traffic, 24-hour tellers, decrease in property value, drainage and wetlands
Supervisor Hammond – There will be no decision until the next meeting. If this is rezoned it would then go to the Planning Board.
Councilperson Nawrocki – If this is approved there will be several more times to voice any concerns. This is only to consider rezoning, not the CVS proposal.
Councilperson Maul – The CVS proposal will have to go before the Zoning Board of Appeals for a setback variance.
Ed Butka, 1221 Route 31 – This rezoning includes one house and three properties located in residential zoning. This shouldn’t be.
Frank Enos, 2330 Cornwall Dr. – If the people were here more often they would save money for the developers.
Bill Marvin, 1582 Canandaigua Road – traffic, decrease in property value, wildlife, trees, and concerned about the maintenance of the fence
Scott Allen, Town Engineer – Town code allows 6-1/2’ fence in the side and rear yards and 4’ in the front.
Pat Butka, 1221 Route 31 – Has live there for 34 years. There was a house where Ron Valentine’s Office is. A dentist is across the street. There was farmland where the plaza is. A light was needed. They lost frontage and privacy. These are good changes for all of us. They would like to move.
NO. 23 PAGE 10
DECEMBER 12, 2002
Bruce Niven, 2054 Barnes Road – In favor, it will increase the tax base.
Scott Allen, Town Engineer – The Town Board has been declared the lead agent in the SEQRA process. The Town Board will make a decision on the findings.
Bruce Niven – The entrance is close to the light on Route 31.
Scott Allen – We are still waiting for DOT’s comments.
Supervisor Hammond – The driveway is a concern of this Board.
Bob Knapp, 1571 Canandaigua Road – concerned about the traffic
Devin DalPos, Laker Development Group – The current waive for drug stores is to locate out of shopping centers and in free standing stores. Shopping centers have started to put pharmacies in to compete. The drug stores can provide more products. There is a need to provide a drive through, only for the pharmacy. This is in response to the ADA for folks who have a need. CVS in Macedon has a good following. They like to locate on a corner where there is high traffic. The property on the North West side is proposed to be zoned commercial in the Master Plan. The water will release the same as it is today. This will increase visibility on the corner. The property will be maintained and irrigated. CVS will have a long-term lease of 20 years with extensions. There have been discussions with a bank that is interested in coming to Macedon.
Debbie Knapp, 1571 Canandaigua Road – We chose to move to Macedon. We have a right to say we don’t like it.
Bruce Niven – In favor of the increase in the tax base. If they can’t meet the set back of 250’ they should acquire more land. We should do what we can with Macedon Commons and do the best we can for Macedon. We need commercial.
Supervisor Hammond – Do you remember why the Planning Board allowed the setback for Burger King while you were Chairman? The ZBA will have to look at the setback.
Jim Denniston – There is nothing to the west available for commercial.
John Knapp – we have to live with it, the old HooHa, adjacent to the Plaza and the light Why do we have a commercial package on this corner?
Barbara Taberio – It is important to us.
Councilperson Maul – 2 to 3 years ago the Board started a practice that the night of a public hearing there would be no vote to allow the Board to sleep on it unless there was not opposition. If this goes through, we are listening. We do not have our minds made up yet.
Councilperson Collins – The Town submits an agenda to the Times prior to each meeting.
Supervisor Hammond – This will be the only public hearing for the rezoning. If this passes it will go to the ZBA or Planning Board.
Attorney Villani – The only issue before this Board at this time is the rezoning of the property.
Devin DalPos – There is an average of 17 cars per hour from CVS.
NO. 23 PAGE 11
DECEMBER 12, 2002
RESOLVED the Public Hearing be closed at 9:50 p.m.
MOTION BY HAMMOND, SECONDED BY COLLINS
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
Mr. Weiner, 1113 Erie Street Road requested an answer on the fine for his barn. He provided the ZBA with a new drawing that was signed by the Sitters addressing the window in the barn. The window stipulation was removed from the variance stipulations.
RESOLVED not to fine Mr. Weiner.
MOTION BY KENYON, SECONDED BY COLLINS
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED the Town Accountant is authorized to make the following adjustments for the Town Hall/Library Complex from HA1990.400 and move $22,144.40 to HA1621.293 (Nicoletta Account).
MOTION BY HAMMOND, SECONDED BY COLLINS
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
BE IT RESOLVED that the Macedon Town Board authorizes the purchase of two (2) SK760 Digital Times (portable) for a total of $799 plus $137 for shipping. These timers are to be expensed out of A7310.200 of which there is $2,500 available.
MOTION BY HAMMOND, SECONDED BY COLLINS
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
ABSTRACT 12-02
Claim Nos. 6201-6362 Expenditures in the amount of $439,473.05
(1,122.78)
$438,350.27
RESOLVED the bills be paid as audited.
MOTION BY MAUL, SECONDED BY KENYON
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
RESOLVED that the Town Board extends all Special Use Permits to expire January 23, 2002.
MOTION BY NAWROCKI, SECONDED BY MAUL
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
Flaherty’s 3 Flags will renew their liquor license effective February 1, 2003.
Councilperson Collins reported that Breakfast with Santa was a huge success. Norb Miller did a great job.
NO. 23 PAGE 12
DECEMBER 12, 2002
RESOLVED the Supervisor be authorized to approve any change orders relating to the Town Hall/Library project up to $3,000.
MOTION BY NAWROCKI, SECONDED BY KENYON
ROLL CALL VOTE: COLLINS AYE, KENYON AYE, MAUL AYE,
NAWROCKI AYE, HAMMOND AYE MOTION CARRIED
MOTION BY HAMMOND, SECONDED BY NAWROCKI THAT THE MEETING BE ADJOURNED. THE MEETING ADJOURNED AT 11:56 PM.
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Judy W. Gravino, RMC
Town Clerk