GENESEE COUNTY PLANNING BOARD ZONING REFERRALS NOTICE OF FINAL ACTION

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1 GCDP Referral ID T-04-PEM-5-15 Review Date 5/14/2015 Municipality PEMBROKE. T. Board Name ZONING BOARD OF APPEALS & PLANNING BOARD Applicant's Name Referral Type Variance(s) Description: GENESEE COUNTY PLANNING BOARD ZONING REFERRALS TICE OF FINAL ACTION Deborah Kirkum Special Use Permit Use Variance(s) Use Variance and Special Use Permit to operate a kennel. Location Zoning District PLANNING BOARD DECISION DISAPPROVAL 2436 Beckwith Rd., Pembroke Agricultural (AG) District EXPLANATION: Under the criteria set forth in NYS Town Law, this proposal does not appear to meet the thresholds for the granting of a use variance. The hardship clearly appears to be self-created as the parcel is not owned by the applicant. The applicant also fails to adequately address the other tests required under NYS Town Law of unique hardship, will not alter the essential character of the neighborhood, and failure to realize a reasonable return. Under the Law, the applicant must meet all four tests in order for the Zoning Board of Appeals to grant the use variance. Possible inappropriate application of use variances may pose significant impacts upon the development policies/processes of the Town. May 14, 2015 Director Date If the County Planning Board disapproved the proposal, or recommends modifications, the referring agency shall T act contrary to the recommendations except by a vote of a majority plus one of all the members and after the adoption of a resolution setting forth the reasons for such contrary action. Within 30 days after the final action the referring agency shall file a report of final action with the County Planning Board. An action taken form is provided for this purpose and may be obtained from the Genesee County Planning Department.

2 SEND OR DELIVER TO: GENESEE COUNTY DEPARTMENT OF PLANNING 3837 West Main Street Road Batavia, N.Y Phone: (585) Ext G.C.D.P. Referral # DEPARTMENT USE ONLY: Date Received Address 1145 Main Road Corfu, New York MUNICIPALITY: ficity rri" Town J Village * GENESEE COUNTY PLANNING. BOARD REFERRAL Required According to: GENERAL MUNICIPAL LAW ARTICLE 1 2B, SECTION 239 L, M, N (Please answer ALL questions as fully as possible) 1. REFERRING BOARD(S) INFORMATION Board(s) Planning Board 3. TYPE OF REFERRAL: (Check all applicable items) g III 2. APPLICANT INFORMATION Name Deborah Kirkum Address 2436 Beckwith Rd.,Batavia, NY Phone of Pembroke Area Variance E V Zoning Map Change Subdivision Proposal Use Variance g Zoning Text Amendments [J Preliminary Special Use Permit Comprehensive Plan/Update g Final Site Plan Review Other: 4. LOCATION OF THE REAL PROPERTY PERTAINING TO THIS REFERRAL: A. Address 2436 Beckwith Rd., Batavia, NY B. Nearest intersecting road Slusser Rd. C. Tax Map Parcel Number 13/1-6.2 D. Total area of the property 50.5 acres Area of property to be disturbed E. Present zoning district(s) AG 5. REFERRAL CASE INFORMATION: A. Has this referral been previously reviewed by the Genesee County Planning Board? O If yes, give date and action taken B. Special Use Permit and/or Variances refer to the following section(s) of the present zoning ordinance and/or law 402 (a kennel is not expressly forbidden in AG, the district this property is in) C. Please describe the nature of this request Operation of a hobby kennel of American Kennel Club mini Daschunds for the purpose of perserving a distinguished blood line for conformation and performance competition at AKC sanctioned events. There are currently 41 mini Daschunds licensed under Deborah Kirkum/Double D Kennel, but actual dog numbers vary greatly as dogs are away competing regularly. 6. ENCLOSURES Please enclose copy(s) of all appropriate items in regard to this referral 0 Local application 0Zoning text/map amendments Eil New or updated comprehensive plan Site plan 17, Location map or tax maps Subdivision plot plans Elevation drawings 0 Other: Letter from owner, David Bartholf, SEQR forms Agricultural data statement giving permission for Dog Kennel application *** If possible, please provide a reduced version or digital copy of any supporting documentation larger than 11 x 17 in. Digital copies may be sent via to planninga,co.genesee.ny.us *** 7. CONTACT INFORMATION of the person representing the community in filling out this form (required information) Name Diane M. Denton Tide Zoning Administration Secretary Phone ext. 26 Address 1145 Main Road, Corfu, New York

3 APPLICATION FOR: SPECIAL USE PERMIT TEMP. SPECIAL USE PERMIT 1, USE VARIANCE AREA VARIANCE TOWN OF PEMBROKE 1145 MAIN ROAD CORFU, NEW YORK ZONING APPEAL LAND SEPARATION SUB DIVISION ZONE DISTRICT CHANGE SITE PLAN REVIEW DATE APPLIED FOR APPLICATION NUMBER REFERRED TO PLANNING REFERRED TO ZBA PUBLIC HEARING REQ. --Z I / 3 - z' APPLICANT ADDRESS TELEPHONE # otk Bozo Cs'gs et3-37i( PROPERTY OWNER (IF OTHER THAN ABOVE) NAME 1.)6. _.Ck k--\(\014. ADDRESS.24(3(a Ref "Bockouta M Iqoc) TELEPHONE # (5 gi ) d'to STREET LOCATION # TAX MAP PARCEL # I's 6 Z. ZONING DISTRICT SIZE OF PARCEL C /4 c g.^ "--r CORNER LOT SMART GROWTH DEVELOPMENT AREA? CURRENT SET BACK OF BUILDING FRONT 220' REAR (o07 SIDE PERMIT OR VARIANCE FOR: NEW CONSTRUCTION ADDITION SIGN HOME OCCUPATION 1.- OTHER bis<- f IF THIS APPLICATION IS FOR A VARIANCE PLEASE STATE THE SECTION OF THE ORDINANCE UNDER WHICH THE VARIANCE REQUESTED 1-0 ` 6 - -/0 DESCRIBE REASON FOR VARIANCE 0 (, (-1 4 /ON o_c koh":), Qcor,P c kr, et\ s tours c'ff" presesu " 0, oi skoci hl cnct 1 1,ke- -Pnr (Ionco rnlos-ko(1 nyy, inrrr yc. arm )(1- (3.c) (2:he:neck e c finis DOES THIS PROJECT REQUIRE APPROVAL FROM THE FOLLOWING? CHECK THOSE THAT APPLY: GENESEE CO. HEALTH DEPARTMENT GENESEE CO. SOIL & WATER DEPARTMENT OF TRANSPORTATION COUNTY PLANNING DEPARTMENT D.E.C. TOWN BOARD Z.B.A. PLANNING BOARD V PUBLIC HEARING DESCRIPTION OF PROPOSED PROJECT OR REASON FOR PERMIT REQUEST ' j S t,.., IN ILA, hou5ed or\ cl,, /1.5c)k-k,:-.c - c3..-cen r Ak),,-.0_,A \ si, - A_ he Lozey, a_ Al r X lib' a uk-- Vd.)._,a, a v\ d 4--hq iii, a i N re..s I APAN,,e., IA-) \-\AN. -fir Q.)r.c..._PCL qn, (Ns -fo l C, L,... c-ey(-- e. Cr-CA nar\ 1 rl -e. r. xa...!.a..3 `<.N. ' 0 r 0 1 A 4 5 irovn -1-\.-,e,.. c-1-,,-,i- (.4- buttaiml, A 10' x' t ' 0,r-u., fs al so --cer,c_e_ ck ,e_ back 0--C 4k2_ 11-,0.A, i P 's 1 AQ"ce_. See,. Li(\\a() cknr\.s LI r to- elm, rte4-oll t, INSTRUCTIONS FOR COMPLETING THIS APPLICATION: 1. INCLUDE SITE SKETCH PLAN, PREFERABLY A LAND SURVEY WITH CURRENT AND PROPOSED SET BACKS. 2. IF APPLICANT IS T THE OWNER OF THE LAND ON WHICH THE PROPOSED PROJECT IS LOCATED, THEY ARE THEN REQUIRED TO OBTAIN WRITTEN PERMISSION FROM THE LAND OWNER FOR THE PROJECT. 3. A SEQR FORM (EAF) MUST BE INCLUDED WITH THE APPLICATION. 4. APPLICANT OR REPRESENTATIVE SHOULD ATTEND PLANNING BOARD AND/OR ZBA MEETING. TE: IF THE REQUEST IS FOR A USE OR AREA VARIANCE, THE PLANNING BOARD'S ONLY ACTION WILL BE TO MAKE A RECOMMENDATION TO THE ZONING BOARD OF APPEALS FOR APPROVAL OR DISAPPROVAL. APPLICANT SIGNATURE )421A0 141-k r,t la DATE ;//j

4 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1- Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 - Project and Sponsor Information Name of Action or Project: ft-iat Li \ole... '--0 ".0.-f-vse.\ Project Location (describe, and attach a location map): Nap la,z W4SP &.(1 ttiak Rcl &A-au to-- 't\ 1020 A. cks-t-rtc...k- 2 Brief Description of Proposed Action: Reques-h;-\ ol ow- / 0,,,, e 60 \ 0,,;,,,i,r \,\Q op 9 ex-0.._\-1 e).,.. O 0. 1r)063 IL e.4- esea so.- Age- i`n-\;..* v i_)02,ns\ NL.1%,-.c\s Peer -14\e- base o4- <.,..)- P re-q--ru ' r\% O 01%4 1?\ LI 1 SLed 136E8 tx NC., cens- C_Or Por r,.0akor, af-,6 per ,3x.c_e_ e_oorn Pek-V wri N 0,-4- ik1i,e, (N./sat-km" y. 12_,e_ym.eA QS,_0\0 ) sa"c4r)0ae 8 e- k-jet \--,, Mare- are_ coc.re" xl t iv..,; ca:.8...1,.1/4.,,,,,. 1, s'eaced, unti).er Ze.seatosSi. kti-attogbau 6 te_ 0 ke, en, \,. A- Ack-0-0._\ 6,0A vv yta\be-t--x vari trext.ir j 61.%. 64 are_ cku-laj Cum 136- irvi * red lar (3 \-3 1,4 CQ v V) v Name of Applicant or Sponsor: P 13 Lic) 27 Telephone: w) -(3-371G "--De-zok--a& 1-. glv-- icor, Address: 9.(13 2ecku;IA, 4j City/PO: C oak._q. Ma OM "--- Chia. N \I 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question Does the proposed action require a permit, approval or funding from any other governmental Agency? If Yes, list agency(s) name and permit or approval: 3.a. Total acreage of the site of the proposed action? b. Total acreage to be physically disturbed? c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? State: sq,._-"ficres., 10 acres p q acres 4. Check all land uses that occur on, adjoining and near the proposed action. IN Urban Rural (non-agriculture) Industrial NII Commercial ElfeSid ential (suburban) Forest 1-2Aciculture Aquatic Other (specify): Parkland Zip Code: izioo 1E1 1,1 Page 1 of 4

5 5. Is the proposed action, a. A permitted use under the zoning regulations? N/A b. Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: 8. a. Will the proposed action result in a substantial increase in traffic above present levels? IA * 1,3 b. Are public transportation service(s) available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: IE g la 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment:...-5-e 1"- 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: KI 0 Ri lin 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: Shoreline Forest p Agricultural/grasslands Early mid-successional Wetland III Urban Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? Ell 16. Is the project site located in the 100 year flood plain? 17. Will the proposed action create storm water discharge, either from point or non-point sources? If Yes, a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: E g I M Page 2 of 4

6 18. Does the proposed action include construction or other activities that result in the impoundment of water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: IZ 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: a I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KWLEDGE i i. I. Applicant/sponsor name: b a A K I r- Ku r-s. Date: 4/b 7/ 5. Signature: t./21t91.(4,4 Part 2 - Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? No, or small impact may occur Moderate to large impact may occur 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? E. 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? E Page 3 of 4

7 Town of Pembroke Application # 0 Agricultural Data Statement Date /1/,,24 INSTRUCTIONS: This Form must be completed for any application for a Special Use Permit, Site Plan Approval, Use Variance or a Subdivision Approval, requiring municipal review, that would occur on property within 500 feet of a farm operation located in a NYS Dept. of Ag. & Markets Certified Agricultural District. 6-1c-ryAN Applicant Name it-o-amea 24X4 erect wt.1-\\. Qc1 Address r-7-00,,,a p (40.A--14,-g) Owner if Different than Applicant I ok"-el 0 u..' )-1 3 (0 ri&tic u., k AA-. iga Address ' ,:\ 0...s...)ol4_ k ki No20 1. Type of Application: Special Use Permit I Site Plan Approval Use Variance: 14 Subdivision Approval 2. Description of proposed project: r)pper.rx \ I (), kerv,,e o LA.30c- cos 3. Location of project:,qiig Rc\. Tax Map # /3 - I - 6,2 4. Is this project within an Agricultural District? No Yes Ifd 5. If yes, Agricultural District Number 2 6. Is this property actively farmed? No U Yes Xi 7. List all farm operations within 500 feet of your property, (Attach additional sheets if necessary) Lrrvt b FC/NrY,.. s Applicant Name T S g0 A I tzei Address nigkrt 0:-/ C1 N't 1q125 t-c) - 11/10--r t-raq Applicant Name SZZ-V.</ Address POLL- 10._r S Rd ' (-' [GC. r((y t VOW r AcIP Fcv s Applicant Name Address 369 2e.ck ic)d w eithoi.j., 1)1,L Signature of Applicant Signature of Owner (if other than Applicant) Reviewed by Signature of unic at Official Note to referral Agency: County review is required. A copy of the Agricultural Data Statement must be submitted along with the referral to the County Planning Department. Date

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12 Creation Date: Apr 04, :53 Modification Date: Apr 07, :41 W S N E T-04-PEM-5-15 Copyright 2013 Pictometry International Corp.

13 E N S T-04-PEM-5-15 W Creation Date: Apr 04, :51 Modification Date: Apr 07, :41 Copyright 2013 Pictometry International Corp.