Town of Farmington 1000 County Road 8 Farmington, New York 14425

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1 Page 1 of 32 Town of Farmington Planning Board Meeting Minutes APPROVED May 4, 2016 Town of Farmington 1000 County Road 8 Farmington, New York PLANNING BOARD Wednesday, May 4, 2016, 7:00 p.m. APPROVED MINUTES The following minutes are written as a summary of the main points that were made and the actions taken at the Town of Farmington Planning Board meeting. Board Members Present: Scott Makin, Chairperson Adrian Bellis Edward Hemminger Mary Neale Douglas Viets Staff Present: Lance S. Brabant, CPESC, Town of Farmington Engineer, MRB Group P.C. Ronald L. Brand, Town of Farmington Director of Development and Planning David Degear, Town of Farmington Water and Sewer Superintendent Don Giroux, Town of Farmington Highway Superintendent James Morse, Town of Farmington Code Enforcement Officer Applicants Present: Robert and Linda Bailey, 5160 Fox Road, Palmyra, N.Y Ron Cecere, Eddie O Brien s Grille & Bar, 5975 NYS Route 96, Farmington, N.Y Mark DiFelice, DeFelice Development Inc., 91 Victor Heights Parkway, Victor, N.Y Theo F[?]enn, 426 Rockingham Street, Rochester, N.Y Dan Glasow, Glasow Simmons Architecture LLP, 100 Clinton Square, Rochester, N.Y Todd Goodwin, Home Leasing Services LLC, 180 Clinton Square, Rochester, N.Y Kara Hill, 1037 Yellow Mills Road, Shortsville, N.Y Carl S. Hewings, Parrone Engineering, 349 West Commercial Street, Suite 3200, East Rochester, N.Y Matthew K. Hoad, MiniTec Framing Systems LLC, Victor Business Centre, 100 Rawson Road, Suite 228, Victor, N.Y Gregory W. McMahon, P.E., McMahon LaRue Associates P.C., 822 Holt Road, Webster, N.Y Charlie Oster, 89 Westminster Road, Apt. 2, Rochester, N.Y Glenn F. Thornton, P.E., Thornton Engineering LLP, 30 Assembly Drive, Suite 106, Mendon, N.Y

2 Page 2 of 32 Town of Farmington Planning Board Meeting Minutes APPROVED May 4, 2016 Also Present: Gerald A. Bloss, 81 Gannett Road, Farmington, N.Y Robert J. Garbeck, 5599 County Road 41, Farmington, N.Y Wayne and Deb Potter, 1426 County Road 8, Shortsville, N.Y Greg Schwarz, 1422 Creek Pointe, Farmington, N.Y MEETING OPENING The meeting was called to order at 7:00 p.m. After the Pledge of Allegiance was recited, Mr. Makin introduced the Planning Board members and staff, explained the emergency evacuation procedures, and noted that copies of the evening s agenda were available on the table at the door. He also asked everyone to set his or her cell phone on silent mode. Mr. Makin said the meeting would be conducted according to the Rules of Procedure approved by the Planning Board on March 2, APPROVAL OF MINUTES OF APRIL 20, 2016 A motion was made by MS. NEALE, seconded by MR. BELLIS, that the minutes of the April 20, 2016, meeting be approved. Motion carried by voice vote. 3. APPROVAL OF MINUTES OF MAY 2, 2016 A motion was made by MR. HEMMINGER, seconded by MS. NEALE, that the minutes of the May 2, 2016, workshop meeting be approved. Motion carried by voice vote. 4. LEGAL NOTICE The following Legal Notice was published in the Canandaigua Daily Messenger newspaper on April 27, 2016: LEGAL NOTICE NOTICE IS HEREBY GIVEN THAT the Planning Board of the Town of Farmington, Ontario County, New York, will hold Public Hearings on the 4th day of May, 2016, commencing at 7:00 p.m. for the purpose of considering the applications of: 2

3 Page 3 of 32 Town of Farmington Planning Board Meeting Minutes APPROVED May 4, 2016 PB # : MINITEC FRAMING SYSTEMS, 100 RAWSON ROAD, SUITE 228, VICTOR, N.Y : Request a two-lot subdivision approval to create Lot #1 consisting of 10 acres and the remaining lands of the parent parcel Lot #2 will consist of 33+ acres to remain vacant. The property is located on the north side of County Road 41 approximately 1,614.2 feet west of the County Road 8 intersection and Zone LI District. PB # : MINITEC FRAMING SYSTEMS, 100 RAWSON ROAD, SUITE 228, VICTOR, N.Y : Request a Special Use Permit to allow a manufacturing facility according to Article VI, Chapter D (6) of the Town of Farmington Codes. The property is located on the north side of County Road 41 approximately 1,614.2 feet west of the County Road 8 intersection and Zone LI District. ALL PARTIES IN INTEREST and citizens will be given an opportunity to be heard in respect to such application. Persons may appear in person or by agent. Scott Makin, Chairperson Planning Board 5. CONTINUED PUBLIC HEARING SPECIAL USE PERMIT AND FINAL SITE PLAN PB # Kara Hill, 1037 Yellow Mills Road, Shortsville, N.Y Location: 1037 Yellow Mills Road, Shortsville, N.Y Zoning District: A-80 Request: Special Use Permit to operate a dog kennel Mr. Makin reconvened the Public Hearing on this application that had been continued from the meetings of March 16, 2016, and April 20, Ms. Hill appeared on behalf of her application. She said that she filed a revised letter of operations with the Town Development Office and noted that a wireless fencing system would be installed to keep her dogs within her property. Mr. Brand said that two resolutions have been prepared for board consideration this evening, i.e., the State Environmental Quality Review (SEQR) determination that the application is a Type II Action as there would be no alteration of the environment; and a resolution granting the Special Use Permit with conditions. There were no further comments or questions from Town staff, members of the Planning Board or the public. 3

4 Page 4 of 32 Town of Farmington Planning Board Meeting Minutes APPROVED May 4, 2016 A motion was made by MR. VIETS, seconded by MR. BELLIS, that the Public Hearing on this application be closed. Motion carried unanimously by voice vote. The Public Hearing was closed. Board Deliberations: A motion was made by MR. BELLIS, seconded by MR. VIETS, that the reading of the SEQR resolution be waived. Motion carried by voice vote. The reading of the SEQR resolution was waived. A motion was made by MS. NEALE, seconded by MR. VIETS, that the following resolution be approved: TOWN OF FARMINGTON PLANNING BOARD RESOLUTION SEQR DETERMINATION TYPE II ACTION PB # APPLICANT: Kara Hill, 1037 Yellow Mills Road, Shortsville, N.Y ACTION: Special Use Permit to Operate a Private Kennel on Property Located at 1037 Yellow Mills Road WHEREAS, the Town of Farmington Planning Board (hereinafter referred to as the Board) has determined the above referenced Action to be a Type II Action as defined under Section (c) (10) of the State Environmental Quality Review (SEQR) Regulations; and, WHEREAS, the Action involves the granting of a Special Use Permit for the property owner to have up to ten (10) dogs located upon the subject site at any one time; and WHEREAS, the Action involves only the installation of either an invisible fence or a radio signal control system to be installed to keep the dogs within a confined area upon the premises while they are out door; and WHEREAS, Type II Actions are not subject to further review under Part 617. NOW, THEREFORE, BE IT RESOLVED THAT the Board in making this Classification has satisfied the procedural requirements under SEQR and directs this Resolution to be placed in the Town file upon this Action. Adrian Bellis Edward Hemminger Mary Neale 4

5 Page 5 of 32 Town of Farmington Planning Board Meeting Minutes APPROVED May 4, 2016 Douglas Viets Scott Makin Motion carried unanimously. Mr. Makin then asked the clerk to read aloud the following resolution: TOWN OF FARMINGTON PLANNING BOARD RESOLUTION SPECIAL USE PERMIT PB # APPLICANT: Kara Hill, 1037 Yellow Mills Road, Shortsville, N.Y ACTION: Special Use Permit to Operate a Private Kennel on Property Located at 1037 Yellow Mills Road WHEREAS, the Town of Farmington Planning Board (hereinafter referred to as Planning Board), has conducted a public hearing upon the above referenced Action; and WHEREAS, the Planning Board has made a determination that the proposed Action is a Type II Action, not requiring further review or consideration under the provisions of Article 8 of the New York State Environmental Conservation Law; and WHEREAS, the Planning Board has given consideration to the public record upon said Action. NOW, THEREFORE, BE IT RESOLVED that the Planning Board does hereby approve of the Special Use Permit to allow the Applicant to operate a Private Kennel, upon property located at 1037 Yellow Mills Road, with the following conditions: 1. The Special Use Permit is valid only for the use and operation of a Private Kennel with no other dogs being bordered upon the premises that are not owned by and/or registered to the property owner. 2. The Special Use Permit allows up to ten (10) dogs, four months and older, to remain on the subject property at any one time. 3. The Special Use Permit hereby granted does not involve Planning Board approval for any structure that may be placed upon the premises without first obtaining a valid Building Permit issued by the Town Code Enforcement Officer. 4. The Special Use Permit is subject to the dogs, when out-of-doors on the site, being either confined to the area identified on the sketch site plan submitted as part of this application, or under the supervision and control of the property owners. 5

6 Page 6 of 32 Town of Farmington Planning Board Meeting Minutes APPROVED May 4, The Special Use Permit shall continue to remain valid unless there is a verified complaint that these conditions of approval have been violated, or that the dogs have become a nuisance based upon a written complaint. At such time, the Code Enforcement Officer is to instruct the Applicant to appear before the Planning Board to explain how the cited violation is to be corrected. Failure to comply with this condition of approval shall automatically terminate the Special Use Permit herein granted. 6. The Special Use Permit is subject to no dog being left out-of-doors over night without being confined to a legally installed structure located upon the premises. 7. Any structure relating to the Private Dog Kennel, that is to be constructed upon the premises shall be considered an Accessory Structure and shall be placed upon the premises within the portion of the site where Accessory Structures may be permitted. 8. The Special Use Permit is subject to the dogs not becoming a nuisance to adjacent neighbors along Yellow Mills Road. 9. The Special Use Permit is subject to no stock piling of animal waste being allowed out-of-doors upon the property unless within an enclosed waste disposal container. Mr. Makin asked Ms. Hill if she understood the resolution and agreed with the conditions. Ms. Hill said that she understood the resolution and agreed with the conditions. A motion was made by MR. HEMMINGER, seconded by MR. BELLIS, that the preceding resolution be approved. Adrian Bellis Edward Hemminger Mary Neale Douglas Viets Scott Makin Motion carried unanimously. 6. PUBLIC HEARING PRELIMINARY TWO-LOT RESUBDIVISION PB # Name: PRELIMINARY TWO-LOT RESUBDIVISION APPLICATION MiniTec Framing Systems LLC, Victor Business Centre, 6

7 Page 7 of 32 Town of Farmington Planning Board Meeting Minutes APPROVED May 4, Rawson Road, Suite 228, Victor, N.Y Location: Zoning District: Request: North Side of County Road 41, east of Service Steel LI Limited Industrial To create Lot #R-3 consisting of 10 acres and the remaining lands Lot #R-2 will consist of acres Mr. Makin opened the Public Hearing on this application. Mr. Thornton of Thornton Engineering and Mr. Hoad, Sales Engineer from MiniTec Framing Systems LLC, appeared on behalf of this application. Mr. Thornton explained that MiniTec Framing Systems proposes to construct a 200-foot x 263-foot (51,536 square feet) manufacturing facility on a 10-acre parcel of land on the north side of County Road 41 east of the Service Steel warehouse. He explained that the 10-acre parcel is part of the Blackwood Associates LLC Subdivision that was approved in Lot #2 of the subdivision is the adjacent Service Steel site; therefore, this 10- acre parcel will be identified as Lot #R-3. Mr. Thornton said the north portion of the 10-acre lot would be reserved for a future 200- foot x 300-foot (60,000 square feet) addition dependant upon the growth of the business. He said that the structure would have a loading dock on the east side, a 24-foot driveway, a storm-water retention pond in front along County Road 41 and future additional parking on the east side of the structure. Landscaping was depicted on a color rendering of the structure and would include a landscaped and screened patio area. Mr. Thornton said a depressed loading dock and LED lighting along the main pavement area planned. He said that several additional lighting fixtures are to be added to the driveway in response to comments discussed at the Project Review Committee (PRC) meeting on April 14, Mr. Thornton explained that storm-water management is an issue with this application and would impact the Plat Plan due to the flat surface of the site. He said an enlargement of the size of lot may be needed to address the drainage concern. Mr. Brand said that a meeting has been scheduled for May 5, 2016, with representatives from the Ontario County Highway Department, the Town Highway Department and the Town engineer to address the drainage issue. He explained that there is an existing large regional retention pond near the Finger Lakes racetrack but no good mechanism to channel the water runoff from this site to it. He also noted that the Town Drainage District ends at County Road 8 and that no water from this site can be channeled east of County Road 8. Mr. Brand said dealing with the drainage on this site will be a challenge to resolve. 7

8 Page 8 of 32 Town of Farmington Planning Board Meeting Minutes APPROVED May 4, 2016 Mr. Brand also explained that the SEQR process cannot begin until the drainage issue is resolved to avoid having the application returned as incomplete by the Ontario County Planning Board. He said that more details should be available for the Planning Board at the meeting on June 1, Mr. Brabant said that an MRB Group engineering comment letter would be issued following the meeting on May 5, Mr. Makin asked if anyone in attendance wished to speak for or against the application, or had questions or comments. Mr. Potter asked how the parcel would be increased in size if needed. Mr. Thornton said the lot could be increased in size by adding to the east side. Mr. Garback, who lives directly across the road from the site, asked about the location of the driveway and noted that additional lighting on the driveway seemed unnecessary. He said that lighting on the driveway at the adjacent Service Steel warehouse is adequate and that he did not believe that illuminating the entire site with LED lighting is needed. Mr. Makin explained that the Town Code requires lighting to be dark-sky compliant to assure that it does not spill over onto adjacent properties. Mr. Makin said that the Planning Board would carefully review the placement of the lighting fixtures on the Site Plan. Mr. Garback expressed concern about the potential hours of operation of the manufacturing facility and asked if there would more than one work shift. Mr. Hoag said that MiniTec seeks to be a friendly neighbor and avoid disturbances. He said the company currently operates one shift from 7:30 a.m. to 5:00 p.m. but that he could not rule out a second shift in the future depending upon the success of the operation. He said that currently there are about 10 trucks per day coming in and leaving their facility in rented quarters in Victor, N.Y., and that the company now employs 20 people. Mr. Garback said that he sometimes hears tractor trailer trucks idling all night at the Service Steel warehouse. Mr. Brand suggested that he file a complaint with the Town code enforcement officer when this occurs. Mr. Hoad explained that about half of the trucks coming into the facility would be tractor trailers and the other half smaller boxtype delivery trucks. He said truck arrivals and departures are limited to the normal daytime hours of business. Mr. Hoad explained that MiniTec Framing Systems is an aluminum extrusion company and serves as the U.S. distributor of aluminum lumber with stocking and full manufacturing capabilities. He said that the facility includes a machine shop and manufactures office furniture, walls, carts, tables, enclosures, clean rooms and related products for industrial and laboratory uses. Mr. Garback asked if the current Town zoning code permits a multi-shift operation on the site. Mr. Hemminger and Mr. Makin explained that the Planning Board must review the 8

9 Page 9 of 32 Town of Farmington Planning Board Meeting Minutes APPROVED May 4, 2016 application and would make a determination if the proposed manufacturing use is valid for the area and, if so, a Special Use Permit would be approved with conditions. Mr. Makin said further that a Special Use Permit runs with the property and that the Planning Board and Town staff would be specific regarding the facility s operations and may consider conditions involving the number of shifts to be permitted, site lighting, drainage and other issues as the board determines. Mr. Garback said that he understood that the property is zoned for uses other than residential homes. He said that he is not opposed to the application but again expressed concern about idling trucks at Service Steel, lighting and drainage issues. Mr. Makin then asked if anyone in attendance had further comments or questions. There were no further comments or questions. Mr. Makin said that the Public Hearing on the Re-subdivision and the Special Use Permit would remain open and would be continued to June 1, A motion was made by MR. HEMMINGER, seconded by MS. NEALE, that the following resolution be approved: TOWN OF FARMINGTON PLANNING BOARD RESOLUTION PRELIMINARY PLAT MINITEC FRAMING SYSTEMS, LLC LOT #R-3 NORTH SIDE OF COUNTY ROAD 41 PB # APPLICANT: ACTION: MiniTec Framing Systems, LLC, Victor Business Centre 100 Rawson Road, Suite 228, Victor, N.Y Preliminary Plat, Re-subdivision of Proposed Lot #R-3 located on the north side of County Road 41, east of Service Steel WHEREAS, the Town of Farmington Planning Board (hereinafter referred to as Planning Board), has received an Application, from MiniTec Framing Systems, LLC, for Preliminary Re-subdivision Plat Approval of Lot #R-3, to subdivided from Lot #R-1 of the Blackwood Associates LLC Subdivision identified as Tax Map Account # ; and WHEREAS, the Planning Board has received testimony at tonight s public hearing regarding the proposed special use permit; and WHEREAS, the Applicant s Engineer, has identified the need for additional time to complete his design of the proposed site development for said Lot. NOW, THEREFORE, BE IT RESOLVED that the Planning Board does hereby move to table further consideration upon this Preliminary Subdivision Plat Approval until the 9

10 Page 10 of 32 Town of Farmington Planning Board Meeting Minutes APPROVED May 4, 2016 Applicant s Engineer has provided additional design information and supporting documentation. BE IT FURTHER RESOLVED that the Planning Board does hereby move to continue the public hearing upon this application to the June 1, 2016 meeting. Adrian Bellis Edward Hemminger Mary Neale Douglas Viets Scott Makin Motion carried unanimously. 7. PUBLIC HEARING SPECIAL USE PERMIT PB # Name: Location: Zoning District: Request: SPECIAL USE PERMIT APPLICATION MiniTec Framing Systems LLC, Victor Business Centre, 100 Rawson Road, Suite 228, Victor, N.Y North Side of County Road 41, east of Service Steel LI Limited Industrial A Special Use Permit to allow assembly and fabrication operations in accordance with the provisions of Chapter 165, Section 29 D (6) of the Town Code Mr. Makin opened the Public Hearing on this application concurrently with PB # (the previous application above). A motion was made by MR. HEMMINGER, seconded by MS. NEALE, that the following resolution be approved: TOWN OF FARMINGTON PLANNING BOARD RESOLUTION SPECIAL USE PERMIT MINITEC FRAMING SYSTEMS, LLC LOT R-3 NORTH SIDE OF COUNTY ROAD 41 PB # APPLICANT: MiniTec Framing Systems LLC, Victor Business Centre, 100 Rawson Road, Suite 228, Victor, N.Y

11 Page 11 of 32 Town of Farmington Planning Board Meeting Minutes APPROVED May 4, 2016 ACTION: Special Use Permit to allow assembly and fabrication perations on proposed Lot R-3, located on the north side of County Road 41, east of Service Steel WHEREAS, the Town of Farmington Planning Board (hereinafter referred to as Planning Board), has received an Application for a Special Use Permit from MiniTec Framing Systems, LLC, to allow assembly and fabrication operations in accordance with the provisions of Chapter 165, Section 29. D. (6) of the Town Code; and WHEREAS, the Planning Board has received testimony at tonight s public hearing regarding the proposed special use permit; and WHEREAS, the Applicant s Engineer has identified the need for additional time to complete his design of the proposed site development for said Lot. NOW, THEREFORE, BE IT RESOLVED that the Planning Board does hereby move to table further consideration upon this Special Use Permit Approval until the Applicant s Engineer has provided additional design information and supporting documentation. BE IT FURTHER RESOLVED that the Planning Board does hereby move to continue the public hearing upon this application to the June 1, 2016 meeting. Adrian Bellis Edward Hemminger Mary Neale Douglas Viets Scott Makin Motion carried unanimously. 8. PRELIMINARY SITE PLAN PB # Name: Location: Zoning District: Request: PRELIMINARY SITE PLAN APPLICATION MiniTec Framing Systems LLC, Victor Business Centre, 100 Rawson Road, Suite 228, Victor, N.Y North Side of County Road 41, east of Service Steel LI Limited Industrial To construct a one-story 51,536-square-foot building and related site improvements on a 10-acre parcel of land located on the north side of County Road 41 and east of Service Steel 11

12 Page 12 of 32 Town of Farmington Planning Board Meeting Minutes APPROVED May 4, 2016 Mr. Makin opened consideration of this application concurrently with the public hearings associated with PB # and PB # (the previous applications above). A motion was made by MR. HEMMINGER, seconded by MS. NEALE, that the following resolution be approved: TOWN OF FARMINGTON PLANNING BOARD RESOLUTION PRELIMINARY SITE PLAN MINITEC FRAMING SYSTEMS, LLC LOT #R-3 NORTH SIDE OF COUNTY ROAD 41 PB # APPLICANT: ACTION: MiniTec Framing Systems, LLC, Victor Business Centre, 100 Rawson Road, Suite 228, Victor, N.Y Preliminary Site Plan to allow assembly and fabrication operations on proposed Lot #R-3, located on the north side of County Road 41, east of Service Steel WHEREAS, the Town of Farmington Planning Board (hereinafter referred to as Planning Board), has received an Application for Preliminary Site Plan Approval from MiniTec Framing Systems, LLC, to allow the construction of an assembly and fabrication operations building and related site improvements, on proposed Lot #R-3 of the Blackwood Industrial Park Subdivision; and WHEREAS, the Planning Board has received testimony at tonight s public meeting regarding the proposed special use permit; and WHEREAS, the Applicant s Engineer, has identified the need for additional time to complete his design of the proposed site development for said Lot. NOW, THEREFORE, BE IT RESOLVED that the Planning Board does hereby move to table further consideration upon this Preliminary Site Plan Approval until the Applicant s Engineer has provided additional design information and supporting documentation. BE IT FURTHER RESOLVED that the Planning Board does hereby move to continue the public meeting upon this application to the June 1, 2016, meeting. Adrian Bellis Edward Hemminger Mary Neale Douglas Viets Scott Makin 12

13 Page 13 of 32 Town of Farmington Planning Board Meeting Minutes APPROVED May 4, 2016 Motion carried unanimously. 9. FINAL SITE PLAN AMENDMENT PB # FINAL SITE PLAN AMENDMENT APPLICATION Name: Ron Cecere, 5975 NYS Route 96, Farmington, N.Y Location: Eddie O Brien s Restaurant, southwest corner of State Route 96 and Beaver Creek Road Zoning District: Request: GB General Business To amend the original Site Plan to allow a 640-square-foot outdoor dining area to be located on the east side of the Eddie O Brien s Restaurant building Mr. Cecere appeared on behalf of his application. He explained that he seeks to amend his original Site Plan to add an outdoor patio seating area to Eddie O Brien s Grille & Bar to include six (6) tables for a total of 24 to 26 seats. He said the patio would include stone columns, LED lighting fixtures, black wrought iron fencing and a décor to match the interior of the existing restaurant. Mr. Cecere said that the purpose of the patio is to generate additional income to help offset the recent Staterequired wage increase for employees. Mr. Cecere asked about proposed Condition #13 in the draft Final Site Plan Amendment resolution regarding the installation of two additional bollards. Mr. Brand said they have been included in the resolution to provide better customer protection in the patio area. Mr. Brand explained that this application is an amendment to the Site Plan that was granted to Mr. Cecere when he purchased the restaurant from the previous owner. He said that the application is a Type II Action under SEQR at it involves less than 4,000 square feet of space and that the application has been reviewed by the code enforcement officer and the fire marshal concerning protection of customers who will be using the outdoor patio. Mr. Brand noted that Condition #11 of the draft resolution requires that additional landscaping be added to the south side of the future patio area to replace deteriorating landscaping on this portion of the parcel. Mr. Cecere agreed to this condition. Mr. Morse said that all of his safety concerns have been addressed in previous contacts with Mr. Cecere. 13

14 Page 14 of 32 Town of Farmington Planning Board Meeting Minutes APPROVED May 4, 2016 Mr. Viets asked about the color of the bollards. Mr. Cecere said they would match the color of the existing structure. Ms. Neale asked about the locations of the tables as they appeared on the photographs that Mr. Cecere displayed. Mr. Cecere further explained the locations, and ingress and egress for customers. Ms. Neale also asked about server access from the restaurant to the patio. Mr. Cecere indicated the locations of the doors into the restaurant. Ms. Neale asked about an awning over the patio. Mr. Cecere said each table would have an umbrella. Mr. Makin complimented Mr. Cecere on his current operation. A motion was made by MR. BELLIS, seconded by MR. HEMMINGER, that the reading of the SEQR resolution for this application be waived. Motion carried by voice vote. The SEQR resolution was waived. A motion was made by MS. NEALE, seconded by MR. VIETS, that the following resolution be approved: FARMINGTON PLANNING BOARD RESOLUTION SEQR DETERMINATION TYPE II ACTION PB # APPLICANT: ACTION: Ron Cecere, Eddie O Brien s Grille & Bar, 5975 NYS Route 96, Farmington, N.Y Final Site Plan Amendment to allow an open-air patio dining area and related site improvements to the property located at 5975 Route 96 WHEREAS, the Town of Farmington Planning Board (hereinafter referred to as the Board) has determined the above referenced Action to be a Type II Action as defined under Section (c) (7) of the State Environmental Quality Review (SEQR) Regulations; and, WHEREAS, the Action involves the granting of an amendment to the Final Site Plan for the Eddie O Brien s Grille & Bar site to create an open air dining area and related site improvements containing less than 4,000 square feet of gross floor area; and WHEREAS, Type II Actions are not subject to further review under Part 617. NOW, THEREFORE, BE IT RESOLVED THAT the Board in making this Classification has satisfied the procedural requirements under SEQR and directs this Resolution to be placed in the Town file upon this Action. 14

15 Page 15 of 32 Town of Farmington Planning Board Meeting Minutes APPROVED May 4, 2016 Adrian Bellis Edward Hemminger Mary Neale Douglas Viets Scott Makin Motion carried unanimously. Mr. Makin then asked the clerk to read aloud the following resolution: TOWN OF FARMINGTON PLANNING BOARD RESOLUTION AMENDMENT TO FINAL SITE PLAN APPROVAL RON CECERE (EDDIE O BRIEN S GRILLE & BAR) PATIO ADDITION 5975 NEW YORK STATE ROUTE 96 PB # APPLICANT: ACTION: Ron Cecere, Eddie O Brien s Grille & Bar, 5975 NYS Route 96, Farmington, N.Y Final Site Plan Amendment to allow an open air patio dining area and related site improvements to the property located at 5975 Route 96 WHEREAS, the Town of Farmington Planning Board (hereinafter referred to as the Board) has determined the above referenced Action to be a Type II Action as defined under Section (c) (7) of the State Environmental Quality Review (SEQR) Regulations; and, WHEREAS, the Action involves the granting of an amendment to the Final Site Plan for the Eddie O Brien s Grille & Bar site to create an open air dining area and related site improvements along the east side of the building; and WHEREAS, the Planning Board has reviewed, at tonight s meeting, the Applicant s presentation board showing the proposed construction materials, the patio design improvements and the sketch plan for these proposed improvements. NOW, THEREFORE, BE IT RESOLVED THAT the Board does hereby grant the requested site plan amendment with the following conditions: 1. The Board waives the requirement for preliminary site plan approval and the need for preparing a detail final site plan drawing which is otherwise required in Chapter 165, Section 100 of the Town Code, finding the proposed Action does not change the existing structure, does not alter the site coverage, or any associated off-street parking requirements. 15

16 Page 16 of 32 Town of Farmington Planning Board Meeting Minutes APPROVED May 4, The Board s approval is based upon the sketch plan dated 5/4/16 which is to remain on file in the Town Development Office and the Applicant s Presentation Board with photographs depicting the site improvements associated with the proposed patio dining area addition to the restaurant. 3. The Planning Board grants approval for the patio to have a stamped concrete pad located between the two concrete walks located on the east side of the building. 4. The Planning Board grants approval for a total of six (6) dining tables to be located on the stamped concrete pad area. The Board approval also conditions the six (6) tables to consist of five (5) four-person seating tables and one (1) two-person seating table as depicted on the sketch plan drawing. 5. The three (3) proposed columns are to be placed on the east edge of the patio so as to maintain a minimum width of 3 feet for pedestrian movement between the posts and the edge of the existing sidewalk. 6. There are to be a total of six (6) parking bollards installed. Three (3) each are to be installed within the areas between the three (3) columns. 7. There are to be two (2) columns located next to the exit doors as shown. 8. There is to be black iron fence installed around three sides of the patio area, with two (2) three-foot-wide egress gates with panic bars. 9. All materials are to match those depicted on the presentation board on file in the Town Development Office. 10. There shall be no outdoor speakers located on the east side of the existing building. 11. There is to be additional landscaping added along the south side of the patio area to replace the deteriorating landscaping existing in this area. The landscaping is to be installed prior to issuing the Certificate of Compliance. 12. All site lighting is to comply with the Town s Lighting Regulations contained in Chapter 165 of the Town Code. 13. There is to be two (2) additional bollards installed. One bollard to be place on the south end and one on the north end and each to be centered on the sidewalks existing the building. 14. There shall be no smoking allowed within the patio area. Anyone smoking outside the patio area shall maintain a separation of 25 feet from the fenced area. There are to be two (2) No Smoking Signs posted from the edges of the fences. 16

17 Page 17 of 32 Town of Farmington Planning Board Meeting Minutes APPROVED May 4, 2016 Mr. Makin asked Mr. Cecere if he understood the resolution and agreed with the conditions. Mr. Cecere said that he understood the resolution and agreed with the conditions. A motion was made by MS. NEALE, seconded by MR. BELLIS, that the preceding resolution be approved. Adrian Bellis Edward Hemminger Mary Neale Douglas Viets Scott Makin Motion carried unanimously. 10. FINAL SUBDIVISION PLAT PB # Name: Location: Zoning District: Request: FINAL SUBDIVISION PLAT APPROVAL DiFelice Development Inc., 91 Victor Heights Parkway, Victor, N.Y Redfield Grove Subdivision, west of Hook Road and opposite King Hill Drive IZ Incentive Zoning (Redfield Grove Incentive Zoning Project, Section 1) Final Subdivision Plat approval and Final Site Plan approval for Section 1 of the Redfield Grove Incentive Zoning Project: 31 single-family development lots with one (1) additional lot to be used for drainage only The Planning Board Public Hearings on the Redfield Grove Incentive Zoning project were held on July 15, 2015; August 19, 2015; September 2, 2015; and September 16, Preliminary Overall Subdivision Plat approval was granted by the Planning Board on September 16, Mr. Hewings presented this application on behalf of the developer. Mark DiFelice also attended. Mr. Hewings said that the MRB Group engineering comment letter was received, that most of the comments have been addressed verbally in conversations with Mr. Brabant and that a written response to each of the comments would be provided. 17

18 Page 18 of 32 Town of Farmington Planning Board Meeting Minutes APPROVED May 4, 2016 Mr. Hewings explained that his engineering firm s wetland biologist has submitted an application to the U.S. Army Corps (Army Corps) of Engineers regarding the storm-water management facility on the property but that no response has yet been received from the Army Corps. He said that issues remain with storm-water mitigation and how to provide the mitigation, and that Parrone Engineering is continuing to work through the process of approval with the Army Corps. Mr. Hewings said an existing drainage pond that may have been installed approximately 30 years ago would be used for storm water retention. He said that the pond would empty into an outlet ditch that runs along the north property boundary and eventually toward Hook Road and into a 48-inch culvert. He explained that about five feet of the existing pond depth would be filled in for the project and that the Army Corps may require a corresponding amount of open water in another location to replace the filled-in portion of the pond. Mr. Hewings noted that Mr. DiFelice has agreed to create a ditch along the east side of the property to alleviate drainage concerns with adjacent property owners. He said that easement documents have been provided to the Town and that the Town staff is now in the process of obtaining the signatures of the adjacent property owners on the easement documents. Mr. Hewings described a change in the Final Site Plan from the Preliminary Plan which originally called for intermittent sections of fencing interspersed with trees and bushes along the northern boundary of the property. He said that the northern boundary would be about five feet higher than the property line and have a slope of about five feet. He explained that the originally planned fencing would no longer provide the screening. Instead, he said that about 35 to 40 pine trees would be planted on the downward slope to provide the screening. Ms. Neale asked about the size of the trees. Mr. Hewings said that they would be 2.5-inch caliper in size. Mr. Brand said that a draft resolution has been prepared for board consideration granting final subdivision and site plan approval for Section 1 with conditions. Among the conditions is the requirement that the applicant provide written responses to the MRB Group engineering letter of May 3, 2016, to the satisfaction of the Town engineer prior to the engineer s signature on the drawings. Mr. Brabant said that he met several times with Mr. Hewings and his engineering staff and that a drainage easement on the north side of the property would have to be modified to provide the Town with the required control over the drainage channel. Mr. Brabant also discussed a change to be made that will enable the driveway for Lot #36 to connect to the internal road and reviewed the applicant s improved landscaping plan for the back of the parcel. He asked that the plans be more specific regarding the vegetation that would be removed and vegetation that would remain during the demolition and the construction phases. 18

19 Page 19 of 32 Town of Farmington Planning Board Meeting Minutes APPROVED May 4, 2016 Mr. Brabant discussed the applicant s pending application with the Army Corps. He said that the Army Corps would determine the drainage mitigation that is needed and in which phase of work the mitigation would need to be completed. He said that the applicant risks having to alter the Final Site Plan if the Army Corps requires substantial changes to the current drainage plan. He also noted that the applicant would be unable to begin any work on the project until the Army Corps condition has been met. Mr. Makin asked if it would be prudent for the Planning Board to move ahead and approve the Final Site Plan this evening without the Army Corps reply to the application. Mr. Brabant said the plans cannot be signed and the applicant cannot begin work until the Army Corps application is resolved. He said the applicant has the greater risk if the Final Site Plan is approved with conditions tonight and the Army Corps awaited response requires substantial changes. Mr. Degear noted that the Town is awaiting a response from the Army Corps on another project for nearly one year. He said there is little risk for the Planning Board by approving the Final Site Plan with conditions tonight; he said the greater risk is with the applicant who may have to change the plans to meet the mitigation measures as determined by the Army Corps. Ms. Neale said that she is willing to go ahead with the application this evening with the condition that no work may begin until the drainage issue is resolved with the Army Corps. She noted that perhaps Planning Board action might communicate the added urgency to the Army Corps. Mr. Bellis said he would prefer to have the Army Corps information prior to Planning Board action upon the the application. Mr. Hemminger said that he did not believe that the Army Corps would act faster if the Planning Board took action. But he said that he would prefer to act upon the application and move it along rather than continue it. He noted that the applicant would have 180 days to finalize the plans or return to request an extension. Mr. Makin asked about the status of the easements to be signed by the adjacent property owners. Mr. Hewings said that the easement documents have been prepared and provided to the Town staff. He said that the Town staff is making the arrangements with the property owners regarding obtaining the signatures. Mr. Hewings again acknowledged the modification of one easement as discussed by Mr. Brabant. Mr. Makin also indicated that he would support approving the Final Site Plan this evening. Mr. Makin then asked the clerk to read aloud the following resolution. Following the reading, Mr. Hemminger suggested that a condition be added to indicate that no signatures are to be placed upon the Final Plans until a letter of acceptance has been received 19

20 Page 20 of 32 Town of Farmington Planning Board Meeting Minutes APPROVED May 4, 2016 from the Army Corps. The resolution that appears below includes this additional condition. TOWN OF FARMINGTON PLANNING BOARD RESOLUTION FINAL SUBDIVISION PLAT AND SITE PLAN SECTION 1 REDFIELD GROVE INCENTIVE ZONING PROJECT, 32 LOTS PB # APPLICANT: ACTION: DiFelice Development Inc., 91 Victor Heights Parkway, Victor, N.Y Final Subdivision Plat and Site Plan Approvals, 32 Lots, Section 1, Redfield Grove Incentive Zoning Project, located along the west side of Hook Road opposite King Hill Drive WHEREAS, the Town of Farmington Planning Board (hereinafter referred to as Planning Board), has received a set of Final Subdivision Plat and Final Site Plan drawings prepared by Parrone Engineering, dated April 5, 2016, identified as Job No. 6931, comprised of 18 sheets, and entitled Final Subdivision and Site Plans for Redfield Grove; and WHEREAS, the Planning Board has previously made a determination of non-significance upon the proposed overall subdivision and site plan for the Incentive Zoning Project, thereby satisfying the procedural requirements under Article 8 of the New York State Environmental Conservation Law; and WHEREAS, the Planning Board has received testimony at tonight s public meeting regarding the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED that the Planning Board does hereby move to grant Final Subdivision Plat and Site Plan Approval with the following conditions: 1. Final Subdivision Plat and Site Plan Approval is based upon the drawings prepared by Parrone Engineering as specified above herein. 2. Final Subdivision Plat and Site Plan Approval is subject to the Applicant s Engineer providing written responses to the MRB Group, P.C., letter dated May 3, The Town Engineer is hereby instructed not to sign the mylar drawings until satisfied that all concerns have been addressed on revised drawings. 3. Final Subdivision Plat and Site Plan Approval Detail Drawing No. C 8.0, is to be amended to show the proposed hammerhead turn-around with the design specifications contained in the adopted Town of Farmington Site Design and Development Criteria (e.g., Appendix FF, dated March 2012). 20

21 Page 21 of 32 Town of Farmington Planning Board Meeting Minutes APPROVED May 4, Final Subdivision Plat and Site Plan Approval Detail Drawing No. C 6.0, is to be amended to show a detailed landscaping plan along with a planting schedule and detailed costs totaling $7, as was agreed-to as a zoning amenity in the Town Board Resolution #103 of The landscaping design and planting schedule are to be reviewed and accepted by the Town Engineering Firm s Landscape Architect and the Director of Planning and Development prior to signing by the Town Engineer. The landscaped entrance to the site is to be installed prior to the issuance of the first Certificate of Occupancy being issued, or prior to October 31, 2016, whichever condition occurs first. 5. Final Subdivision Plat and Site Plan Approval is based upon the following drawings C 1.0, C 2.0, C 3.0, C 4.0 and C 7.0, being revised to show Lot # Final Subdivision Plat and Site Plan Approval is based upon the following drawings C 1.0 and C 8.0 being revised to show the design details for the pedestrian crossing warning signs that are to be installed in two locations along Hook Road. 7. Final Subdivision Plat and Site Plan Approval is to show a revised Drawing No. 7.0, entitled Final Lighting Plan for Redfield Grove. The revised drawing is to include illumination patterns for each of the proposed street lights along Redfield Drive. The revised drawing is to also relocate the street light shown in the driveway for Lot # 50 to between Lots # 51 and # 52. Finally, the revised drawing is to add a total of five (5) street lights in the following locations: one in front of Lot #27 west of the driveway; one in front of Lot #35 west of the driveway; one between Lot #38 and Lot # 39; one between Lots #38 and #39; and one between Lots #48 and # A condition of Final Subdivision Plat and Site Plan Approval is the Applicant agrees to making payment to the Town of Farmington of $25, prior to the scheduling of a pre-construction meeting with Town Staff. This payment is for a portion of the costs for installing an off-site generator for Pump Station #1. This condition is in satisfying Town Board Condition of Incentive Zoning (Resolution #103 of 2015). 9. A condition of Final Subdivision Plat and Site Plan Approval is the Applicant agrees to providing surety to the Town Clerk s Office in the amount of $18, for the construction of the five-foot wide concrete sidewalk that is to be located in Section 1, prior to the scheduling of a pre-construction meeting with Town Staff. 10. A condition of Final Subdivision Plat and Site Plan Approval is for the five-footwide concrete sidewalk shown on the drawings to be installed prior to the issuance of the first Certificate of Occupancy for any dwelling located within Section 1. 21

22 Page 22 of 32 Town of Farmington Planning Board Meeting Minutes APPROVED May 4, A condition of Final Subdivision Plat and Site Plan Approval is for Drawing No. C 7.0 to be amended to show the proposed street light within the paved driveway portion of Lot #50 to be relocated outside the paved driveway portion. 12. A condition of Final Subdivision Plat and Site Plan Approval requires the liber and page for the Access Easement for Lot #73 to be filed with the Town Development Office prior to the first Certificate of Occupancy being issued. 13. A condition of Final Subdivision Plat and Site Plan Approval is the Applicant agrees to paying the Town of Farmington $25, prior to a pre-construction meeting being scheduled with Town Staff. The payment is for a portion of the drainage pipe installed under Hook Road, north of Section 1 of the Redfield Grove site. This condition is in satisfying Town Board Condition of Incentive Zoning (Resolution #103 of 2015). 14. The Final Plat mylar is to be submitted to the Town Code Enforcement Officer for his review and acceptance prior to the Town Departments and the Planning Board Chairperson signing the mylar. Upon signing the mylar, the applicant s engineer is to make four (4) paper copies for the Town. One copy is to be provided to the Town Highway Superintendent, one copy to the Town Water and Sewer Superintendent and one copy to the Town Engineer. The remaining copy is to be placed on file with the Town Development Office and placed in the property file. 15. Within sixty-two (62) days of signing of the mylar, the applicant is to file the mylar and two (2) paper prints with the Ontario County Clerk s Office. Failure to file within the sixty-two days will result in the Planning Board Chairperson s signature being made null and void. 16. No signatures are to be affixed to the Final Plat mylar by the Town Engineer, the Town Highway Superintendent, the Town Water and Sewer Superintendent or the Planning Board Chairperson until a letter of acceptance of the applicant s drainage mitigation measures has been received from the U.S. Army Corps of Engineers, placed on file with the Town Development Office and placed in the property file, and any required change made to the drawings. 17. Final Subdivision Plat and Site Plan Approval is valid for a period of 180 days from today. Mr. Makin asked Mr. Hewings if he understood the resolution and agreed with the conditions. Mr. Hewings said that he understood the resolutions and agreed with the conditions. A motion was made by MS. NEALE, seconded by MR. HEMMINGER, that the preceding resolution be approved. 22

23 Page 23 of 32 Town of Farmington Planning Board Meeting Minutes APPROVED May 4, 2016 Adrian Bellis Edward Hemminger Mary Neale Douglas Viets Scott Makin Nay Motion carried 4 to FINAL SUBDIVISION PLAT PB # FINAL TWO-LOT SUBDIVISION PLAT APPLICATION Name: Robert and Linda Bailey, 5160 Fox Road, Palmyra, N.Y Location: 5165 Fox Road, Palmyra, N.Y Zoning District: A-80 Request: Final Two-lot Subdivision approval of a acre parcel to create Lot #1 consisting of acres, having an existing dwelling; and Lot #2 containing acres where a proposed dwelling is to be located The Public Hearing on this application was opened on March 16, 2016, and was closed on April 20, The State Environmental Quality Review (SEQR) Criteria for Determining Significance resolution and the Preliminary Subdivision Plat approval resolution for this application were approved on April 20, Robert and Linda Bailey appeared on behalf of their application. Mr. Bailey said that there have been no changes to the plans since Preliminary Subdivisionn Plat approval was received on April 20, Mr. Brand reported that each of the conditions of Preliminary Subdivision Plat approval have been satisfied and that the application is ready to move forward. Mr. Makin then asked the clerk to read aloud the following resolution: TOWN OF FARMINGTON PLANNING BOARD RESOLUTION FINAL PLAT ROBERT BAILEY 2 LOT SUBDIVISION, 5165 FOX ROAD PB # APPLICANT: Robert and Linda Bailey, 5160 Fox Road, Palmyra, N.Y

24 Page 24 of 32 Town of Farmington Planning Board Meeting Minutes APPROVED May 4, 2016 ACTION: Final Subdivision Plat Approval, Bailey Two-lot Subdivision Property Address: 5165 Fox road WHEREAS, the Town of Farmington Planning Board (hereinafter referred to as Planning Board), has received a Final Plat drawing prepared by Venezia Associates, proposing the creation of 2 lots from a acre parcel of land identified as Tax Map Account # ; and WHEREAS, the Planning Board has previously made a determination of non-significance upon the proposed 2-lot subdivision, thereby satisfying the procedural requirements under Article 8 of the New York State Environmental Conservation Law; and WHEREAS, the Planning Board has received testimony at tonight s public meeting regarding the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED that the Planning Board does hereby move to grant Final Subdivision Plat Approval with the following conditions: 1. Final Plat Approval is based upon the drawing prepared by Venezia Associates, entitled Final Plat prepared for: Robert Bailey, showing Land at 5165 Fox Road, Town of Farmingotn, County of Ontario, State of New York and identified as File #15199, Sheet 1 of 1, having a revised date of 4/28/ There is no recapture of taxes required, as there is no agricultural charge back penalty according to information provided to the Planning Board, by the Town Assessor, dated 4/26/2016. The land that is being disturbed is not receiving an agricultural exemption. 3. The Final Plat mylar is to be submitted to the Town Code Enforcement Officer for his review and acceptance prior to the Planning Board Chairperson signing the copies. Upon signing the mylar, the applicant s engineer is to make four (4) paper copies for the Town. One copy is to be provided to the Town Highway Superintendent, one copy to the Town Water and Sewer Superintendent and one copy to the Town Engineer. The remaining copy is to be placed on file with the Town Development Office and placed in the property file. 4. Within sixty-two (62) days of signing of the mylar, the applicant is to file the mylar and two (2) paper prints with the Ontario County Clerk s Office. Failure to file within the sixty-two days will result in the signature being made null and void. 5. Final Plat Approval is valid for a period of 180 days from today. Mr. Makin then asked Mr. and Mrs. Bailey if they understood the resolution and agreed with the conditions. Mr. and Mrs. Bailey said that they understood the resolution and agreed with the conditions. 24