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September 12, 2005 Planning Board Meeting
Chairman Larry Ruth called the meeting to order at 7:36 P.M. Members present were Gene Bavis, Elaine Leasure, Larry Ruth, Pat Stark and Peter Schillaci. Also present was Phil Williamson, Paul Russell, Dick Morris and Norman Druschel.
Gene Bavis made a motion, seconded by Elaine Leasure to dispense with the formal reading of the legal notice. Motion carried.
Elaine Leasure made a motion, seconded by Peter Schillaci to approve the Planning Board minutes of August 17, 2005, as presented. Motion carried. Pat Stark abstained.
1. Application of Mr. Thomas Keenan for preliminary and final site plan approval for the development of a landscape center located at 647 Walworth-Penfield Road. Property is zoned Hamlet.
Dave Matthews from Matthews Consulting was present and stated that the applicant had previously been before the Planning Board to discuss the development of the site. The site is the old town highway garage located at the northeast corner of Route 441 and West Walworth Road intersection. Mr. Keenan would like to develop the property into a sales pickup area for his nursery business located across the street.
With response to the letter dated August 23, 2005 from Paul Russell, Town Engineer; NYS DOT was at the site approximately 3 weeks ago. The access on the east side of the parcel will be used for the entrance and the access on the west side of the building will be the exit. There isn’t enough space on the east side to have both an entrance and an exit. The DOT representatives agreed that the driveway should be a loop system with a separate entrance and exit. The DOT has reviewed the plan and is currently going through the Regional process.
Paul Russell stated that his concerns have been answered with the exception of the fact that the plan develops land not owned by Mr. Keenan. It is essential to have something in writing from the State DOT as well as the neighbor to the west that says Mr. Keenan has authorization to improve the properties. Dave Matthews stated that the authorization would be obtained and forwarded to the town.
Gene Bavis questioned if this was for site plan approval and Special Use Permit modification. After research, Dick Morris stated that if the location is a warehouse, where the wholesale customer will pick up what they have purchased, there is no need for a Special Use Permit.
Peter Schillaci questioned if the septic would be handled with a holding tank. Dave Matthews stated that the site is a seasonal location and the NYS Health Department does allow a holding tank with high water alarms, which is specified on the plan.
Peter Schillaci further questioned if they had estimated traffic generated from the location. Dave Matthews stated that there would average 3-4 trucks/cars per day. The site distance was taken according to the DOT rules, while the DOT was on site, and there is no problem with the site distance. Peter stated that he was concerned, if a tractor-trailer pulled out at a slow speed, it could cause a problem on the curve.
Chairman Ruth stated that at one time the site was the town highway department where large trucks would be entering and exiting regularly without incident.
Dave Matthews stated that this location is basically a wholesale warehouse.
Phil Williamson stated that a Special Use Permit for the nursery was not required.
Peter Schillaci questioned if the parking area would be paved. Dave Matthews stated that the “drive” area would be paved with the remainder being stone or grass. All drainage concerns have been addressed on the plan.
The Board had no further questions.
Chairman Ruth opened the public hearing.
There was no public comment.
Gene Bavis made a motion, seconded by Elaine Leasure to close the public hearing.
Motion carried.
Gene Bavis made a motion, seconded by Pat Stark to grant preliminary and final site plan approval, as presented, subject to permission from NYS DOT for the curb cut and the signed agreement with the neighbor be submitted to the town.
Roll Vote: Gene Bavis Aye Elaine Leasure Aye Larry Ruth Aye Pat Stark Aye Peter Schillaci Aye
Motion carried.
2. Application of Mr. Joseph Englert for preliminary and final subdivision approval for a 4-lot subdivision from 3 existing parcels located at the northeast corner of Walworth-Ontario Road and Walworth-Marion Road. Property is zoned B-1 and Hamlet.
Dave Matthews from Matthews Consulting was present and stated he had presented a concept plan to the Board earlier this year for the realty subdivision. At that time, there were a variety of suggestions from the Board such as easements, site distances at accesses and parking for the plaza area. The property lines on the proposed subdivision plan have been adjusted to take the Board’s suggestions into consideration.
Paul Russell stated that the realty subdivision was okay from an engineering standpoint. Paul stated that the Wayne County Planning Board has reviewed the application and refer to the General Municipal Law regulation regarding the various uses of land. Paul stated he had reviewed the General Municipal Law and could not locate any regulation.
Peter Schillaci stated he is the Chairman of the Wayne County Planning Board and that Board felt this was a commercial subdivision, therefore, the confusion with the General Municipal Law requirements.
Dick Morris stated the application is for subdivision. However, once subdivided, if there is any new construction, the applicant would have to reapply for site plan approval to both the Wayne County Planning Board and the Town of Walworth Planning Board.
Dave Matthews stated that the Board had requested the applicant provide appropriate parking behind the building for the employees. There was never a legal way for the employees to get from Walworth-Marion Road to the back of the building without going on land of others. The current subdivision map now includes an easement, which will allow the people to access the area behind the plaza.
Chairman Ruth stated the Board had requested the parking area behind the plaza due to a lack of parking spaces for the businesses in the plaza.
Chairman Ruth opened the public hearing. Claire Vanhaneghem – 3746 Walworth-Ontario Road
Mr. Vanhaneghem stated that the existing driveway on Walworth-Ontario Road is not paved and the windows at his residence cannot be opened due to the amount of dust created with vehicles entering and exiting the applicant’s property. Mr. Vanhaneghem requested the driveway be paved.
Chairman Ruth asked Paul Russell if the paving issue would be dealt with at Subdivision or Site Plan approval. Paul Russell responded that paving would be an issue discussed during Site Plan approval.
There were no further comments from the public.
Elaine Leasure made a motion, seconded by Peter Schillaci to close the Public Hearing. Motion carried.
Peter Schillaci made a motion, seconded by Pat Stark to approve the preliminary and final subdivision approval as presented per map entitled “Subdivision Map of Lands of Joseph Englert”, dated August 1, 2005 prepared by Donald B. Schwartz, Professional Land Surveyor.
Roll Vote: Gene Bavis Abstained Elaine Leasure Aye Larry Ruth Aye Pat Stark Aye Peter Schillaci Aye
Motion carried.
3. Request of Mr. and Mrs. Mark Pieroni to extend the previously approved site plan for lot #4 of the Spruce Ridge Estates Subdivision located at 254 Bills Road. Property is zoned R.
Dave Matthews from Matthews Consulting was present and stated that the applicant has purchased lot #4 of Spruce Ridge Estates, which was previously approved in 2001. The original site plan approval has expired and the Pieroni’s would like to have the site plan approval extended.
Gene Bavis made a motion, seconded by Pat Stark that based on the letter from Matthews Consulting, indicating that the site is still in compliance, the approval be extended for a period of one year, beginning today’s date.
Roll Vote: Gene Bavis Aye Elaine Leasure Aye Larry Ruth Aye Pat Stark Aye Peter Schillaci Aye
Motion carried.
4. Other –
Dan Kummerow was present and stated that he owns Lots 1, 2, 3, and 4 of the Kummerow Subdivision, Section 2, located at County Line Road and Whitney Road that was previously approved by the Town of Walworth Planning Board on January 12, 2004. Mr. Kummerow has sold Lot 1 and would like the site plan approval extended for Lots 2, 3 and 4.
Mr. Kummerow will be building a single-family residence on Lot #3, with the two remaining lots being developed within 2 years.
Elaine Leasure made a motion, seconded by Pat Stark to grant approval to extend site plan approval for Lots 2, 3 and 4 of the Kummerow Subdivision, Section 2, previously approved January 12, 2004, for (2) 6-month periods beginning September 12, 2005.
-Chairman Ruth stated that the application of Jim Bremer for a Special Use Permit to locate a ham radio tower and antenna at 390 Hillside Circle is not scheduled for this meeting.
The application has been forwarded to a tower professional for his comments. Phil Williamson stated that he has received correspondence from the professional. The price quoted is for the same type of study that would be done for a cell tower, with a price not to exceed $5,000. Phil stated that the Board should determine what specific information they are looking for so he can obtain an alternate price quote.
Chairman Ruth questioned Dick Morris if the placement of the tower was the main issue. Dick Morris responded by saying the placement of the tower has to meet the current Zoning Code. The applicant has preliminarily placed the tower where the existing trees would provide the best buffering to the neighbors. The applicant is willing to relocate the tower to meet the setback requirements, however, there will be less buffering to the neighbors. Dick Morris stated if the neighbors would prefer the tower located closer to the property line then the current zoning requires, the applicant could apply for a Variance.
Various neighbors that attended the meeting voiced different concerns. They were advised that when the application was ready for a public hearing it would be advertised and a sign placed on the applicant’s property to make them aware of the public hearing.
Mr. Bremer stated since the last Planning Board meeting he had presented Paul Russell with a more detailed RF safety analysis, to be added to the original Appendix. Mr. Bremer also presented photos to the Board of an 80’ tower located at 160 Penfield Road.
Chairman Ruth stated that there will be a public hearing for this application, at which time the public will be allowed to further express their concerns.
Elaine Leasure questioned if there were any concerns from the audience that had not previously been addressed. The people in the audience are concerned with safety issues, interference and property values. Chairman Ruth stated barring what the Board is informed of regarding the safety issues and taking into consideration the applicant is in compliance with the Town Code, the applicant has the right to build the tower. Whether or not we would like it in our backyard is a mute point.
-Phil Williamson stated that Tom Mayberry has requested approval to place a temporary identification sign at the site of his commercial development located at 3300 Canandaigua Road. The property is zoned PD. The sign will be approximately 32 square feet per side. All issues meet Zoning requirements.
Gene Bavis made a motion, seconded by Peter Schillaci to give the Code Enforcement Officer the authority to approve the sign and location, as proposed. Motion carried.
Peter Schillaci made a motion, seconded by Elaine Leasure to adjourn.
Motion Carried.
Meeting adjourned at 8:59 P.M.
Karen Ambroz, Clerk |