ONTARIO COUNTY PLANNING BOARD

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1 ONTARIO COUNTY PLANNING BOARD Referrals Reviewed at the; Coordinated Review Committee Meeting July 11th, 2017 at 3:30pm County Planning Board Meeting July 12th, 2017 at 7:30pm 2nd Floor Conference Room, Room 200, 20 Ontario Street, Canandaigua, NY Telephone: This document will serve as both the Final minutes for the Ontario County Planning Board and as the Official Notice of Findings and Decision for the applications reviewed by the CPB. It can also be viewed at the Ontario County Planning Department Website Attendance and Minutes..2 Referral Reviews and Board Action 3 General Procedures and Legal Obligations for Referring Agencies Referral No Municipality Referring Board Applicant Application Type Class Page Town of Farmington Zoning Board of Appeals Lamar Outdoor Advertising Area Variance AR Town of East Bloomfield Planning Board Sterman, Greg Special Use Permit Withdrawn Town of Naples Town Board Town of Naples Text Amendment Town of Victor Town Board Woods at Valentown LLC Text Amendment Town of Victor Town Board Woods at Valentown LLC Map Amendment City of Canandaigua Planning Board FF Thompson Hospital Site Plan Town of Victor Planning Board Quatela, Dr. Vito Site Plan Town of Victor Zoning Board of Appeals Quatela, Dr. Vito Area Variance Town of Bristol Zoning Board of Appeals Betz, Todd Use Variance ONTARIO COUNTY PLANNING DEPARTMENT 20 ONTARIO ST. CANANDAIGUA, NY (Revision Per Motion) Town of Seneca Zoning Board of Appeals Hurzy, Jay Area Variance AR Town of Seneca Planning Board Borrego Solar Site Plan Town of Geneva Planning Board Wertman, Don Subdivision AR Town of Geneva Planning Board Passero Associates Special Use Permit Town of Geneva Planning Board Passero Associates Site Plan Town of Gorham Town Board Bagley, Jon Map Amendment Town of Gorham Zoning Board of Appeals Money, Tim & Vicki Area Variance Town of Canandaigua Planning Board Venezia Associates Subdivision Town of Canandaigua Planning Board Chrisanntha Inc Subdivision Town of Canandaigua Planning Board Chrisanntha Inc Site Plan 2 (Revision Per Motion) 2 (Revision Per Motion) Town of Canandaigua Planning Board Marks Engineering Site Plan Town of Canandaigua Planning Board Smith, Chuck Site Plan AR Town of Canandaigua Zoning Board of Appeals Smith, Chuck Area Variance AR Town of Canandaigua Planning Board Grove, William Site Plan Exempt Town of Canandaigua Planning Board Kunes, Casey Site Plan 2 (Revision Per Motion) Town of Canandaigua Town Board Town of Canandaigua Text Amendment Town of Canandaigua Town Board Town of Canandaigua Map Amendment

2 Town of Canandaigua Town Board Town of Canandaigua Map Amendment Town of Canandaigua Town Board Town of Canandaigua Map Amendment Town of Canandaigua Town Board Town of Canandaigua Text Amendment Exempt Town of Canandaigua Planning Board Venezia Associates Site Plan AR Town of Canandaigua Zoning Board of Appeals Venezia Associates Area Variance AR Town of Victor Town Board Daniele Family Companies Text Amendment Town of Victor Town Board Daniele Family Companies Map Amendment Town of Farmington Planning Board Finger Lakes Hotel Site Plan Town of Farmington Planning Board Service Steel Site Plan Town of Farmington Town Board Town of Farmington Moratorium Town of Farmington Town Board Town of Farmington Text Amendment Town of Farmington Zoning Board of Appeals Indus Hospitality Group Area Variance Withdrawn City of Geneva Planning Board Geneva Housing Authority Subdivision Town of Richmond Zoning Board of Appeals Calhoun, Curt Special Use Permit Town of Richmond Zoning Board of Appeals Flynn, Gregory Use Variance 1 (Revision Per Motion) Town of Richmond Zoning Board of Appeals ACES Energy Special Use Permit Town of Victor Planning Board Dillman, Patricia Subdivision AR Town of Bristol Planning Board Thomas, Timothy Site Plan Town of Geneva Planning Board QwikSolar Site Plan LATE REFERRAL General Information 33 ONTARIO COUNTY PLANNING DEPARTMENT 20 ONTARIO ST. CANANDAIGUA, NY

3 July 12, 2017 Meeting Attendance Final July CPB Minutes Cities Member Canandaigua James Mueller P Geneva Mary Bogin P Towns Bristol Sandy Riker E Canadice Stephen Groet P Canandaigua David Wink, Chair P East Bloomfield Arthur Babcock P Farmington Patti Wirth P Geneva Howard E. Meaker P Gorham Jack Dailey E Hopewell Louis Perryman E Manchester Jaylene Folkins E Naples Carol O Brien P Phelps Glen Wilkes P Richmond Leonard Wildman, Vice Chair E Seneca Timothy Marks P South Bristol Albert Crofton P Victor Timothy Maher E West Bloomfield Vacant V P-Present, E Excused Absence, A Absent, V Vacant (Names in bold are members that currently serve on a local Legislative body, Planning Board or ZBA). Staff Present: Carla Jordan, OCPD; Regina Connelly, OCPD Guests Present: Ryan Wallace (QwikSolar City of Geneva); Jess Sudol (Royal Car Wash/Seneca Turk Winery); Doug Eldred, Fred Rainaldi (Woods at Valentown); Kurt Chariars, Jim Dietz, Peter Bergmann (FF Thompson); F. Morgantz, Jessica Lyon, Jesse Lyon (Use Variance Bristol); Anthony Daniele, Danny Daniele (Royal Car Wash); Mike Ritchie (Quatela Office) Call to Order/Roll Call: Chairman Wink called the 7/12/17 County Planning Board meeting to order at 7:35 p.m., and requested Ms. Sousa do roll call. Upon completion of roll call, Ms. Sousa reported that Eleven (11) members were present meeting quorum requirements. Minutes: June 14, 2017: Motion was made by Steve Groet, seconded by Bert Crofton to approve the June 14, 2017 minutes as presented. Eight (8) in Favor, 0 Opposed, 3 Abstentions (T. Marks, C. O Brien, M. Bogins). Motion not carried. Approval of the minutes will be taken up at the August meeting. ONTARIO COUNTY PLANNING DEPARTMENT 20 ONTARIO ST. CANANDAIGUA, NY

4 Town of Farmington Zoning Board of Appeals Class: AR-1 Referral Type: Area Variance Lamar Outdoor Advertising Property Owner: Victor Association of Cultural & Perform Tax Map No(s): Brief Description: Area Variance request to install a sq ft digital commercial speech sign. The sign will digitally flip through multiple advertisements. The sign does not meet Town Code for setback requirements. Project is located at 1622 SR 332 in the Town of Farmington. Policy AR-7: Signs The County Planning Board has long taken an interest in supporting local efforts to limit excessive signage. The Board has identified State Route 332 as a primary travel corridor for tourists visiting Ontario County: The intent is to protect the character of development along these corridors by encouraging local boards to adhere to their adopted laws as much as possible. A. All applications for signs located on property adjoining primary travel corridors that do not comply with local limits on size and or number. Final classification: Class 2 Findings: 1. The proposed sign is on land along a corridor identified by the Board as being a primary travel corridor for tourists visiting Ontario County. 2. Protection of the community character along these corridors is an issue of countywide importance. 3. Local legislators have standards for signage that allows for business identification sufficient to safely direct customers onto the specified site. 4. It is the position of this Board that the proposed signage is excessive. 5. Excessive signage has a negative impact on community character. The Administrative Review for this sign previously reviewed under referral # carried a recommendation of disapproval due to nonconformance with the size requirements outlined in Town code. Although this second variance on its own would not normally include a recommendation from the Board, for or against the application, given that the initial issue with scale still remains the Board recommends disapproval. Final Recommendation Denial Town of East Bloomfield Planning Board Class: Withdrawn Referral Type: Special Use Permit Sterman, Greg Tax Map No(s): Brief Description: Special Use Permit request to renovate existing attached 2 car garage into a family/in-law apartment. Project located at 2505 Wheeler Station Rd. in the Town of East Bloomfield Town of Naples Town Board Class: 2 Referral Type: Brief Description: Text Amendment Town of Naples Text Amendment to consolidate the Town of Naples Planning Board and Zoning Board of Appeals with the Villge of Naples respective boards. Town of Naples proposes consolidating their Planning Board and Zoning Board of Appeals with the Village of Naples respective boards. The Consolidated Planning Board will consist of 7 members (4 from the Town and 3 from the Village) and 2 alternates (1 from the Town and 1 from the Village). The Town Board will elect the Chairperson. The Consolidated Board of Appeals will have similar structure to the Consolidated Planning Board. COMMENTS: Section 284 of Town Law allows for intermunicipal cooperation in comprehensive planning and land use regulations. Specifically authorizing municipalities to contract with each other through cooperative agreements to; (a) create a consolidated planning board which may replace individual planning boards, if any, which consolidated planning board ONTARIO COUNTY PLANNING DEPARTMENT 20 ONTARIO ST. CANANDAIGUA, NY

5 shall have the powers and duties as shall be determined by such agreement; (b) create a consolidated zoning board of appeals which may replace individual zoning boards of appeals, if any, which consolidated zoning board of appeals shall have the powers and duties as shall be determined by such agreement; An intermunicipal agreement between the Village and the Town was not included as part of the referral package. If an IMA is not currently drafted the Village and Town must create and execute an agreement as referenced in the text above. The referral package was submitted on behalf of the Naples Town Board. A similar referral should be made by the Village regarding the consolidation of Boards. CRC Comments: Section 267 of Town Law states that a zoning board of appeals consists of 3 or 5 members. The referring board should makes edits to the proposed local law to be consistent with the NYS Town Law. Board Motion: Referral # be retained as a Class 2 and returned to the local board with the recommendation of approval with the comments. Motion made by: Art Babcock Seconded by: Patti Wirth Town of Victor Town Board Class: 2 Referral Type: Text Amendment Woods at Valentown LLC Representative: BME Associates Tax Map No(s): to Brief Description: Text Amendment and Map Amendment to rezone multiple parcels to High Boint Business Park PDD for the construction of 300 apartment units. In addition, rezone a 5.38 acre parcel from Conifer Village at Eastview PDD to High Point Business Park PDD for the construction of 84 of the total 300 apartment units in the Woods at Valentown. Project located at High Point Dr. in the Town of Victor. COMMENTS Applicant seeking to rezone multiple parcels totaling approximately 51 acres to become part of the High Point Business Park PDD, known as the Woods at Valentown. An additional 5.38 acre parcel will also be rezoned to High Point Business Park PDD, which is currently in the Conifer Village at Eastview PDD. The applicant wishes to construct 84 of the 300 apartment units. Amendment of the High Point Business Park PDD is in regards to the currently permitted Homeowners Association (HOA) Lot. Applicant wishes to construct 216 apartment units in lieu of the previously planned 72 townhome units. The proposed development will occur in areas with steep slopes. Erosion and sedimentation control details and an updated SWPPP should be provided to ensure that water quality impacts during construction are mitigated. An updated traffic study that shows the impact of the additional residential units should be provided to NYSDOT for their review and comment to ensure signalization on SR 96 does not need to be further addressed. According to ONCOR: There is a Federal wetland present on one of the parcels. The parcel is not located within a FEMA floodplain. The property is not located within 500ft of an Agricultural District. NYSDOT Comments (G. Trost) I don t see where it would have an impact on the State highway system, unless their traffic study shows such an increase in traffic that the signal system needs to be adjusted. OCSWCD Comments Understanding this is a rezoning for apartment buildings, the plan minimizes impervious surfaces from the previously approved ONTARIO COUNTY PLANNING DEPARTMENT 20 ONTARIO ST. CANANDAIGUA, NY

6 development, but overall there will be a significant increase in impervious surfaces. SWPPP not provided so unable to comment on stormwater management. CPB Comments In addition to the comments listed above, the applicant is encouraged to investigate additional means of emergency access. As currently configured the site plan shows long access road to multiple units with not additional point of egress. Board Motion: Referrals # & # be retained as Class 2s and returned to the local board with the recommendation of approval with the comments. Motion made by: Carol O Brien Seconded by: Tim Marks Town of Victor Town Board Class: 2 Referral Type: Map Amendment Woods at Valentown LLC Representative: BME Associates Tax Map No(s): to Brief Description: Text Amendment and Map Amendment to rezone multiple parcels to High Boint Business Park PDD for the construction of 300 apartment units. Inaddition, rezone a 5.38 acre parcel from Conifer Village at Eastview PDD to High Point Business Park PDD for the construction of 84 of the total 300 apartment units in the Woods at Valentown. Project located at High Point Dr. in the Town of Victor. Comments: See referral # for project summary, comments and motions City of Canandaigua Planning Board Class: 1 Referral Type: Site Plan FF Thompson Hospital Representative: Bergman Associates Tax Map No(s): Brief Description: Site Plan to construct a 117 space parking lot, side walks, and associated stormwater management. Project is located at 350 Parrish St. in the City of Canandaigua. COMMENTS Canandaigua Lake Watershed Manager Comments (Kevin Olvany): The main comment that I have is that the stormwater facility needs to meet the City code which calls for Enhanced Phosphorus Treatment (Chapter 10 of the DEC stormwater manual). In my review of the SWPPP, page 20 states that the project does not need to meet Enhanced Phosphorus Treatment standards. Phosphorus is a key ingredient that fuels Blue Green Algae blooms in Canandaigua Lake. These enhanced standards help to reduce new sources of phosphorus from entering the lake. This is an important project for the continued development of the Thompson Hospital system that plays a truly vital role in our community. Let me know if I can be of assistance in helping to meet these standards. According to ONCOR: No State or Federal wetlands are present on the property. The parcel is not located within a FEMA floodplain. The property is not located within 500ft of an Agricultural District. CRC Comments: The referring board is encouraged to ensure appropriate screening of proposed lots so as to not adversely impact nearby residential properties. CPB Comments ONTARIO COUNTY PLANNING DEPARTMENT 20 ONTARIO ST. CANANDAIGUA, NY

7 In addition to the comments listed above; During the meeting the applicant s representative stated that they would be expanding the bioretention facility to meet the enhanced phosphorous treatments required. This should be detailed on a plan prior to approval by the local board. Board Motion: Referral # be retained as a Class 1 and returned to the local board with comments. Motion made by: Mary Bogin Seconded by: Patti Wirth Vote: 10 in favor, 0 opposed, 1 abstention (J. Mueller). Motion carried Town of Victor Planning Board Class: 2 Referral Type: Site Plan Quatela, Dr. Vito Representative: Costich Engineering Tax Map No(s): Brief Description: Site Plan to construct a 2-story 19,230 sq ft commercial office building on a 2.11 acre parcel. Project is located on SR 96 in the Town of Victor. The proposed development will have two points of ingress, existing access utilized by the Railside Market and Café and a new curbcut onto Rt. 96. Approximately 2.06 acres to be disturbed The proposed points of ingress and egress include a shared driveway with the existing Railside Market & Café. A cross access easement should be in place prior to any determination by the local board. According to ONCOR: No State or Federal wetlands are present on the property. However, there are larger State and Federal wetlands northwest and southwest of the parcel. The parcel is not located within a FEMA floodplain. The property is not located within 500ft of an Agricultural District. Soil Characteristics o Type: Phelps gravelly silt loam o Slope: 0 to 3 percent o Soil permeability: High o Erodibility: Medium NYSDOT Comments (G. Trost) I believe the Railside has a shared access agreement with that parcel next door. I don t see where they would need an additional entrance onto Route 96 as they are proposing. The regional office would have final say on it but if I could guess, I d say they would shoot that down. Perhaps their engineering report could back the need for an additional entrance so if this goes forward, they would have to submit that along with their concept plan. OCSWCD Comments Proposed development does not minimize impervious surface. 100% water quality volume could not be provided using RRv practices due to site constraints and the presence of D soils. Consider alternatives that allow for 100% treatment as area is adjacent to wetland. With regards to the parking within the road ROW the Town is encouraged to grant the minimum variance necessary. CRC Comments: Given the close proximity of the project to the adjacent wetland the referring board is strongly encouraged to require alternative stormwater treatment measures to ensure water quality is not impacted. 100% treatment should be provided for. A traffic study should be completed to determine the level of impact the proposed development will have, and demonstrate the need for the additional curb cut off of SR 96. CPB Meeting Comments: ONTARIO COUNTY PLANNING DEPARTMENT 20 ONTARIO ST. CANANDAIGUA, NY

8 In addition to the comments listed above; The referring board is strongly encouraged to require the applicant to land bank any parking spaces that are not required by code, to reduce the amount of impervious surface constructed on such small parcel in such close proximity to a wetland. The Board does not agree with the proposed second curb cut to access the site. A shared access point was created with the adjoining lot for the purposes of limiting the number of curb cuts along this stretch of SR 96. The referring board is encouraged to require internal circulation plans for the proposed project to determine if the existing shared curb cut would need to be widened to accommodate the safe access to both parcels. The referring board should require additional stormwater control measures to ensure the environmentally sensitive adjacent wetlands are not negatively impacted by direct or indirect discharges from the site. Board Motion: Referrals # & # be retained as Class 2s and returned to the local board with the recommendation of approval with the comments. Motion made by: Bert Crofton Seconded by: Patti Wirth Vote: 10 in favor, 1 opposed (M. Bogin), 0 abstentions. Motion carried Town of Victor Zoning Board of Appeals Class: 2 Referral Type: Area Variance Quatela, Dr. Vito Representative: Costich Engineering Tax Map No(s): Brief Description: Area variance request to allow vehicular parking within 10 feet of the road ROW when 80 feet is required by code. Project is located on SR 96 in the Town of Victor. See referral # for project summary, comments and motions Town of Bristol Zoning Board of Appeals Class: 1 (Revision Per Motion) Referral Type: Use Variance Betz, Todd Tax Map No(s): Brief Description: Use Variance to open a retail/home-based artisan business out of the accessory structure located on their 55 acre parcel. Project located at 4976 SR 64 in the Town of Bristol. COMMENTS The referring board is reminded that under the Use Variance process the applicant is required to meet all four prongs of the use variance test, including; 1. That, without the variance, there would be no reasonable rate of return on the property 2. That the hardship is unique to the property in question and does not exist for all properties in the neighborhood 3. That the granting of the variance will not alter the essential character of the neighborhood 4. That the hardship imposed has not been self-created. Applicants Answers: 1. The applicant cannot realize a reasonable financial return on the property in question unless the variance is granted as shown by competent financial evidence. The lack of financial return must be substantial. Please explain: a. Sarah and I attended the Planning and Zoning Board of Bristol meeting on 2/21/17 to discuss the opening of a home-based artisan business in the accessory building on the property at 4976 State Route 64. See attached letter from the Town of Bristol. b. After an extensive cost analysis and review of our business plan and model, Sarah and I have determined that the proposed artisan business in the accessory building will not generate the required revenue to offset Sarah not working and staying home to run the artisan shop on the property. c. Therefore, we are asking for a Use Variance from the Town of Bristol so we can open and operate a home-based retail/mercantile shop, still in the accessory building. d. We will still specialize in hand-made goods, antiques, and locally grown products as mentioned during the meeting ONTARIO COUNTY PLANNING DEPARTMENT 20 ONTARIO ST. CANANDAIGUA, NY

9 and documented in the attached letter, but will also begin to stock and sell housewares and home decor items. e. The option to stock and sell retail items as mentioned above will allow the business to grow and compete in the local Finger Lakes market, a win and increase revenue for Sarah and I, as well as increased tax revenue for the Town of Bristol. 2. The alleged hardship relating to the property is unique. (The hardship may not apply to a substantial portion of the zoning district or neighborhood.) Please explain: a. The alleged hardship is unique to this property and our business model. We want to capture the charm and sentiment of the Finger Lakes region and Bristol Valley as we specialize in local goods and items for our homebased business. This Bristol Valley pastures, field, and majestic mountain views on our property make it a unique and special backdrop for a shop of this style in our town. 3. The granting of a use Variance will not alter the essential character of the zoning district or neighborhood. Please explain: a. Because the property encompasses 55.8 acres in Bristol Valley we have the land space and setback from Route 64 that will ensure our neighbors in the AC district are not altered. b. As mentioned above, the Town of Bristol and our business plan will complement one another. Bristol s town mission is to preserve and encourage a clean naturally beautiful, rural environment with carefully planned growth and increased recreational opportunities, while promoting the preservation of agricultural lands we will help do just that. CPB Meeting Comments: The applicant does not appear to have satisfied the four prongs of the test based on the content above. The Town Board is strongly encouraged to revisit and revise its zoning code as it pertains to home occupations. The home occupation section of code could accommodate the proposed type of business. Board Motion: Referral # be changed to a Class 1. Motion made by: Carol O Brien Seconded by: Tim Marks Board Motion: Referral # be retained as a Class 1 and returned to the local board with comments. Motion made by: Carol O Brien Seconded by: Tim Marks Town of Seneca Zoning Board of Appeals Class: AR-2 Referral Type: Area Variance Hurzy, Jay Property Owner: Friendly Ford Tax Map No(s): Brief Description: Area Variance to install 4 commercial signs for Friendly Ford. Project located at 875 SR 5&20 in the Town of Seneca. Policy AR-7: Signs The County Planning Board has long taken an interest in supporting local efforts to limit excessive signage. The Board has identified State Route 5 & 20 as a primary travel corridor for tourists visiting Ontario County: The intent is to protect the character of development along these corridors by encouraging local boards to adhere to their adopted laws as much as possible. B. All applications for signs located on property adjoining primary travel corridors that do not comply with local limits on size and or number. Final classification: Class 2 Findings: 6. The proposed sign is on land along a corridor identified by the Board as being a primary travel corridor for tourists visiting Ontario County. 7. Protection of the community character along these corridors is an issue of countywide importance. 8. Local legislators have standards for signage that allows for business identification sufficient to safely direct customers onto the specified site. 9. It is the position of this Board that the proposed signage is excessive. 10. Excessive signage has a negative impact on community character. ONTARIO COUNTY PLANNING DEPARTMENT 20 ONTARIO ST. CANANDAIGUA, NY

10 Final Recommendation Denial Final July CPB Minutes Town of Seneca Planning Board Class: 1 Referral Type: Site Plan Borrego Solar Property Owner: Blowers, Timothy Tax Map No(s): Brief Description: Site Plan to install a 2 MW ground-mounted solar array system on a acre parcel. Project is located at 4380 SR 14A in the Town of Seneca. 2 MW solar array system consisting of 8,100 ground mounted modules to be installed on 10.6 acres of a 118 acre parcel. Site will be accessed via a gravel drive way off of SR 14. Existing Borrego 2 MW solar array system is located on the same parcel directly north of the proposed site. The project was approved back in May 2015, with potential of 2 more solar array systems to be developed on the same parcel, which would include the proposed project. According to ONCOR: State & Federal wetlands are present in the southwestern and eastern portions of the property. The parcel is located within FEMA floodplain of Burrell Creek. The property is located within Agricultural District #6. An Agricultural Data Statement should be submitted by the applicant and reviewed prior to action by the referring board. Soil Characteristics o Type: Lima loam o Slope: 0 to 3 percent o Soil permeability: Moderately High o Erodibility: Medium Soil Characteristics o Type: Lima loam o Slope: 3 to 8 percent o Soil permeability: Moderately High o Erodibility: Medium OCSWCD Comments No comments Board Motion: Referral # be retained as a Class 1 and returned to the local board with comments. Motion made by: Patti Wirth Seconded by: Glen Wilkes Vote: 10 in favor, 0 opposed, 1 abstention (T. Marks). Motion carried Town of Geneva Planning Board Class: AR-1 Referral Type: Subdivision Wertman, Don Property Owner: White Springs Farm LP Tax Map No(s): Brief Description: 4 lot subdivision request involving 3 parcels. Project located between White Springs Ln. and Barracks Rd. in the Town of Geneva. Policy AR-6: Single-family residential subdivisions under five lots The intent of this policy is to: - Address traffic safety along intermunicipal corridors by encouraging proper placement of residential driveways along County roads. - Address impacts to ground and surface waters ONTARIO COUNTY PLANNING DEPARTMENT 20 ONTARIO ST. CANANDAIGUA, NY

11 Final Classification: Class 1 Findings 1. As of % of the parcels in Ontario County were classified as one or two family residential. Between 2000 and 2005, 2,018 residential parcels were added to the County s tax rolls (Ontario Co. RPTS Annual Report) 2. Collectively individual residential developments have significant impacts on surface and ground water. 3. Proper design of onsite sewage disposal is needed to protect ground and surface waters. 4. Proper storm water and erosion control is also needed to achieve that same end. 5. Proper sight distance at access points along County roads is an important public safety issue of county wide significance. 6. Standards related to protecting water quality and traffic safety have been established by agencies such as the American Association of State Highway and Transportation Officials (AASHTO), and NYSEDC. 7. These issues can be addressed by consulting appropriate agencies during local review and ensuring that those standards are met. 8. It is the position of this Board that properly designed residential subdivisions under five lots have little countywide or intermunicipal impact. Final Recommendation: The CPB will make no formal recommendation to deny or approve single family residential subdivisions under five lots Town of Geneva Planning Board Class: 2 Referral Type: Special Use Permit Passero Associates Property Owner: Missick, Gregory Tax Map No(s): Brief Description: Special Use Permit to allow the construction of a new club house for the existing 9-hole golf course and the relocation of an existing winery on a 146 acre parcel. Project is located at 226 Turk Rd. in the Town of Geneva. Applicant proposing to remove an existing winery to construct a new winery and adjacent pad site which will have a clubhouse on one half and retail/restaurant on the other, along with sanitary sewer to service potential future development. 16 acres of the 146 acre parcel will be disturbed during construction. Both a Traffic Study and SWPPP were submitted with the application. The materials submitted with the referral package appear to accommodate future development of the site that is not detailed at this point in time. The presence of a stub road at the south east portion of the site lends itself to further development the impacts of which are not currently contemplated or addresses. Additionally it is unclear what will be developed north of Turk road where the existing facilities are currently located. Without a full parcel build out it is possible that the environmental effects of the project are being segmented. OCSWCD Comments A number of areas have extreme grade, i.e. near vicinity of the east side of building 1 and stormwater ponds which may require more protection than will be afforded by a single silt fence barrier. Stormwater pond banks are constructed rather than original grade and attention should be given to stabilization. SWPPP states embankments >3:1 should be stabilized with jute mesh. This should apply to the above areas of concern. No planned sequence of disturbance provided for the 16 acres. NYSDOT Comments (G. Trost) I did receive a request for concurrence from the Town of Geneva to let them be the lead agency for SEQR. We did agree, and then the Town said they needed to re-submit, due to a change in scope. Originally, I think the only work to occur in the State ROW was a sewer connection. That work would need to have a highway work permit and the first submission came in here already. I have not seen comments addressed yet back to us. CRC Comments: If the existing parking area to the north of Turk Road will remain, how will pedestrian access be provided to prevent pedestrian vehicular conflicts? Applicant should provide construction sequencing plan to ensure appropriate erosion and sedimentation details. Full parcel planning should be required by the local board. A plan should be submitted that shows the potential expansion of the ONTARIO COUNTY PLANNING DEPARTMENT 20 ONTARIO ST. CANANDAIGUA, NY

12 currently detailed stub road to show eventual/ future construction with any associated buildings and infrastructure. The development should be assessed based on it full build out potential even if it is to be constructed in phases. Board Motion: Referrals # & # be retained as Class 2s and returned to the local board with the recommendation of approval with the comments. Motion made by: Tim Marks Seconded by: Carol O Brien Town of Geneva Planning Board Class: 2 Referral Type: Site Plan Passero Associates Property Owner: Missick, Gregory Tax Map No(s): Brief Description: Site plan approval for the construction of a new club house for the existing 9-hole golf course and the relocation of an existing winery on a 146 acre parcel. Project is located at 226 Turk Rd. i n the Town of Geneva. See referral # for project summary, comments and motions Town of Gorham Town Board Class: 2 Referral Type: Map Amendment Bagley, Jon Tax Map No(s): Brief Description: Map Amendment request to rezone a acre parcel from commercial to residential to convert the existing structure to 4 luxury apartments. Project is located at 4733 South St. in the Town of Gorham. COMMENTS A letter from the applicant submitted with the referral documentation requests rezoning of parcel to utilize existing structure (previous Baptist Church) for apartment dwellings. The EAF submitted with the referral package details the action as a special use permit for accessory apartment in rear of commercial building. The referral that was submitted was for a map amendment. If a special use permit is needed for the proposed activity a referral for that review should be made to the CPB. If the information on the EAF is accurate and the apartments will be accessory to the primary commercial use, the referring board is encouraged to consider the existing allowable commercial uses and whether the potential exists for those to be in conflict with residential units. How will parking and related building access to the commercial activity within the building be conducted in concert with the residential use? The site plan provided does not show any details as it pertains to parking and emergency access. Where would tenants of the proposed apartment park. There doesn t appear to be much room on the parcel to accommodate parking or emergency access. OCDPW Comments Project may impact the County highway right-of-way and thus would need a County highway work permit. OCDPW would need complete site plans from the applicants to make a final determination on whether or not a work permit will be necessary. FINDINGS: Areas of Review: When reviewing referrals, the Ontario County Planning Board has historically been concerned with how the proposed actions affect: Emergency Access: The Ontario County Emergency Management Office provides training to local EMS agencies. They also respond to large or special needs emergencies to coordinate the response of multiple agencies. Additionally, Ontario County has, as part of their 911 initiative, assumed authority over road naming and numbering in order to improve emergency response. Perhaps most importantly, the Ontario County Sheriff s Department provides policing for all but six municipalities in this county. When this is considered, it seems reasonable that the effect of local actions on emergency access qualifies as an ONTARIO COUNTY PLANNING DEPARTMENT 20 ONTARIO ST. CANANDAIGUA, NY

13 intermunicipal and countywide concern. In cases where this is an issue, it would be wise to seek input from a representative of the Ontario County Emergency Management Office or encourage local planning boards to include emergency access in the site plan review criteria and involve emergency service providers (Fire & Medical) in the local approval process. The information provided with the referral documentation does not detail the availability of any means of vehicular access. It does not outline areas available for onsite parking or for emergency access to the building. Local emergency response agencies must be consulted. Board Motion: Referral # be retained as a Class 2 and returned to the local board with the recommendation of disapproval. Motion made by: Mary Bogin Seconded by: Art Babcock Town of Gorham Zoning Board of Appeals Class: 1 Referral Type: Area Variance Money, Tim & Vicki Tax Map No(s): Brief Description: Area Variance request tear down existing single family residence and build a new residence. Proposed construction does not meet the required side yard or front yard setback. Project located at 5164 CR 11 in the Town of Gorham. Applicant is proposing a 10.6 ft side yard setback when 15 ft is required and a 22.8 ft front yard setback when 50 ft is required. If this building was proposed to be constructed on a lot with lake frontage the County Planning Board Bylaws would direct the Board to recommend disapproval of the application. This specific lot does not have lake frontage, but it is in close proximity to the lake. The incremental allowance of variances on lake front lots and development at a scale that is not compatible to the size of the lot can create cumulative negative effects on water quality in the watershed. The Board is encouraged to grant the minimum variance necessary. CRC Meeting Comments: The referring board is strongly encouraged to refer the proposed project to the Canandaigua Lake Watershed Manager (Kevin Olvany) and receive his comments prior to taking action. Board Motion: Referral # be retained as a Class 1 and returned to the local board with comments. Motion made by: Steve Groet Seconded by: Art Babcock Town of Canandaigua Planning Board Class: 2 Referral Type: Subdivision Venezia Associates Tax Map No(s): ; Brief Description: Updated subdivision plan to create 20 single family residential lots on a 17 acre parcel. Project located at the corner of Middle Cheshire Rd. and West Ridge Run in the Town of Canandaigua. Subdivision originally approved in 1989 and updated multiple times, with last approval in Applicant is currently seeking approval for updated subdivision plan to create 20 single family residential lots, with access to these lots via extension of the existing La Crosse Circle road off of West Ridge Rd. The proposed is referred to as Phase 5B-3 of a total development of 155 single-family residential lots in what is known as Fox Ridge. Applicant is also proposing the consolidation of 4 previously approved single family lots with an 8.4 acre vacant parcel, to be used by ONTARIO COUNTY PLANNING DEPARTMENT 20 ONTARIO ST. CANANDAIGUA, NY

14 the landowner as a single-family home. There is no proposed future subdivision of the remaining land, as 155 lots was determined as the max allowable for that area. The previously approved Conservation Easement to be dedicated to the Town still remains. CRC Comments: If the developer plans on consolidating the 4 lots previously accessed via Lake Breeze way for creation of a single 8.4 acre parcel, that larger parcel should be detailed in the same manner as the other single family residential homes (i.e. development area/ setbacks should be marked). How will this larger part be accessed, via Lake Breeze way or Lacrosse Circle. If it will be accessed via the circle how will the portion of property dedicated to the construction of the road be handled? If the inclusion of these additional houses within the Lacrosse Circle meets the quantity of homes allowed via the clustering requirements the remaining land should be included in the conservation easement to be dedicated to the Town where appropriate. Board Motion: Referral # be retained as a Class 2 and returned to the local board with the recommendation of approval with the comments. Motion made by: Patti Wirth Seconded by: Art Babcock Town of Canandaigua Planning Board Class: 2 (Revision Per Motion) Referral Type: Subdivision Chrisanntha Inc Tax Map No(s): Brief Description: Subdivision and Site Plan approval request to divide acres from a acre parcel and construct a single-family residence. Project located at 4951 North Rd. in the Town of Canandaigua. COMMENTS The proposed subdivision as represented on the referred plans and development of lot R-5A will leave a acres parcel in the City of Canandaigua that does not have road frontage/ access off of North Road. Access to the larger parcel appears to be via a Chrisanntha owned parcel at 299 Porter Street. The Town should coordinate this review with the City to determine if the access to the large lot as presented will be acceptable to the City. The Town is encouraged to request the full parcel build out plans for the proposed lots. Regardless of whether the majority of the development will exist in the adjacent municipality, development of the 9 acre parent parcel and its associated impacts should not be segmented. Larger scale impacts associated with the development of the 9 acre parcel off of Porter street should be investigated and mitigated as necessary. Board Motion: Referrals # & # be changed to Class 2s. Motion made by: Glen Wilkes Seconded by: Mary Bogin FINDINGS: Areas of Review: When reviewing referrals, the Ontario County Planning Board has historically been concerned with how the proposed actions affect: Emergency Access: The Ontario County Emergency Management Office provides training to local EMS agencies. They also respond to large or special needs emergencies to coordinate the response of multiple agencies. Additionally, Ontario County has, as part of their 911 initiative, assumed authority over road naming and numbering in order to improve emergency response. Perhaps most importantly, the Ontario County Sheriff s Department provides policing for all but six municipalities in this county. When this is considered, it seems reasonable that the effect of local actions on emergency access qualifies as an intermunicipal and countywide concern. In cases where this is an issue, it would be wise to seek input from a representative of the ONTARIO COUNTY PLANNING DEPARTMENT 20 ONTARIO ST. CANANDAIGUA, NY

15 Ontario County Emergency Management Office or encourage local planning boards to include emergency access in the site plan review criteria and involve emergency service providers (Fire & Medical) in the local approval process. The proposed parcel to be subdivided is bisected by the municipal line between the Town and City of Canandaigua. The proposed subdivision would create an approximately 9 acres landlocked parcel located within the City of Canandaigua. It appears as though the rear parcel could eventually be accessed via Porter Street, but as detailed on ONCOR, that street has not yet been constructed. Due to the proximity of the parcel to the municipal line, the City of Canandaigua should be consulted to discuss access management to the proposed and future parcels in accordance with Town law. Board Motion: Referrals # & # be retained as Class 2s and returned to the local board with the recommendation of approval with the following modification. Modification #1: Given the proposed subdivision will create a land locked parcel within the City of Canandaigua, the referring board must refer this application to the City of Canandaigua and received their comments prior to the taking action. Motion made by: Carol O Brien Seconded by: Patti Wirth Town of Canandaigua Planning Board Class: 2 (Revision Per Motion) Referral Type: Site Plan Chrisanntha Inc Tax Map No(s): Brief Description: Subdivision and Site Plan approval request to divide acres from a acre parcel and construct a single-family residence. Project located at 4951 North Rd. in the Town of Canandaigua. Comments: See referral # for project summary, comments and motions Town of Canandaigua Planning Board Class: 1 Referral Type: Site Plan Marks Engineering Property Owner: Mottler, Kevin Tax Map No(s): Brief Description: Site Plan to construct 3 pole barns on a 1.9 acre parcel zoned industrial. Project located at 2580 Brickyard Rd. in the Town of Canandaigua. What will be the intended use of the pole barns? The proposed project parcel is located within the Suckerbrook Watershed. No erosion and sedimentation control details or SWPPP were provided with the referral documentation. These details should be provided and reviewed by Kevin Olvany, Canandaigua Lake Watershed Council, prior to any determination by the local board. The plans do not show how the proposed project will be screened from the adjacent residential buildings. The local board is encouraged to require screening of the property. According to ONCOR: No State & Federal wetlands are present on the property. The parcel is not located within FEMA floodplain. The property is located within Agricultural District #1. An Agricultural Data Statement should be submitted by the applicant and reviewed prior to action by the referring board. Soil Characteristics o Type: Odessa silt loam o Slope: 0 to 3 percent ONTARIO COUNTY PLANNING DEPARTMENT 20 ONTARIO ST. CANANDAIGUA, NY

16 o o Soil permeability: Moderately Low Erodibility: Very High Final July CPB Minutes CPB Comments In addition to the comments above; The referral package does not provide details on erosion and sedimentation controls. Given the proximity of the parcel in the Suckerbrook Watershed these details are critical to a site plan review. Additionally, the proposed use of the proposed buildings is not known. Without knowledge of the use it is not possible to understand if screening should be required and the criticalness of emergency access to the site. The Site plan package is Incomplete. Once the above referenced documentation is available the project should be re-referred to the County Planning Board for comment. Board Motion: Referral # be retained as a Class 1 and returned as Incomplete. Motion made by: Glen Wilkes Seconded by: Patti Wirth Town of Canandaigua Planning Board Class: AR-1 Referral Type: Site Plan Smith, Chuck Property Owner: Hoff, John & Kathy Tax Map No(s): Brief Description: Site Plan and Area Variance approval request to construct a 528 sq ft detached garage on a acre parcel. Proposed structure does not meet the front setback. Project located at 3444 Poplar Beach Rd. in the Town of Canandaigua. Policy AR-5: Applications involving one single family residential site, including home occupations. The intent of this policy is to: - Address residential development that may infringe on County ROW s or easements for roads and other infrastructure. - Address traffic safety along intermunicipal corridors by encouraging proper placement of residential driveways along County roads. - Address impacts to ground and surface waters C. All other applications subject to policy AR-5. Final Classification: Class 1 Findings: 1. As of % of the parcels in Ontario County were classified as one or two family residential. Between 2000 and 2005, 2,018 residential parcels were added to the County s tax rolls (Ontario Co. RPTS Annual Report) 2. Collectively individual residential developments have significant impacts on surface and ground water. 3. Proper design off onsite sewage disposal is needed to protect ground and surface waters. 4. Proper storm water and erosion control is also needed to achieve that same end. 5. Proper sight distance at access points along County roads is an important public safety issue of county wide significance. 6. Standards related to protecting water quality and traffic safety have been established by agencies such as the American Association of State Highway and Transportation Officials (AASHTO), and NYSEDC. 7. These issues can be addressed by consulting appropriate agencies during local review and ensuring that those standards are met. Final Recommendation The CPB will make no formal recommendation to deny or approve applications involving one single family residential site, including home occupations Town of Canandaigua Zoning Board of Appeals Class: AR-1 Referral Type: Area Variance Smith, Chuck Property Owner: Hoff, John & Kathy Tax Map No(s): Brief Description: Site Plan and Area Variance approval request to construct a 528 sq ft detached garage on a acre parcel. Proposed structure does not meet the front setback. Project located at 3444 Poplar Beach Rd. in the Town of Canandaigua. ONTARIO COUNTY PLANNING DEPARTMENT 20 ONTARIO ST. CANANDAIGUA, NY