23 Farmington Planning Board Minutes September 21 2016...

of 30 Town of Farmington Planning Board Meeting Minutes—APPROVED September 21, 2016

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Town of Farmington 1000 County Road 8

Farmington, New York 14425

PLANNING BOARD Wednesday, September 21, 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: Adrian Bellis

Scott Makin Douglas Viets

Board Members Excused: Edward Hemminger Mary Neale 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 and Parks Superintendent Applicants Present: Anthony “TJ” Cashette, Leverage Properties LLC, 2290 East Avenue, Rochester, N.Y. 14618 Mark DiMartino, D.D.S., 126 East Main Street, Victor, N.Y. 14564 Thomas J. Fromberger, P.E., MRB Group, P.C., 145 Culver Road, Suite 160, Rochester, N.Y. 14620 Peter Gorman, P.E., Marathon Engineering, 39 Cascade Drive, Rochester, N.Y. 14614 Dan Lassiter, Rochester, N.Y. 14607 Evelyn Pfeiffer, 664 Weigert Road, Farmington, N.Y. 14425 Glenn F. Thornton, P.E., Thornton Engineering LLP, 30 Assembly Drive, Suite 106, Mendon, N.Y. 14506 Robert Vento, Survey Project Manager, Passero Associates, 242 West Main Street, Suite 100,

Rochester, N.Y. 14614 Jordan Zaffarano, Project Manager, MiniTec Framing Systems LLC, Victor Business Centre, 100 Rawson Road, Suite 228, Victor, N.Y. 14564 Residents Present: Gerald A. Bloss, 81 Gannett Road, Farmington, N.Y. 14425 Shelley D. Ott, 5702 Running Brook Road, Farmington, N.Y. 14425


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1. 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 ap-proved by the Planning Board on March 2, 2016.

2. APPROVAL OF MINUTES OF SEPTEMBER 7, 2016, 2016

■ A motion was made by MR. BELLIS, seconded by MR. VIETS, that the minutes of the September 7, 2016, meeting be approved. Motion carried by voice vote.

3. LEGAL NOTICE

The following legal notice was published in the Canandaigua Daily Messenger news-paper on September 14, 2016:

LEGAL NOTICE

NOTICE IS HEREBY GIVEN THAT the Planning Board of the Town of Farmington, Ontario County, 1000 County Road 8, Farmington, N.Y. 14425, will hold a Public Hearing on the 21st day of September, 2016, commencing at 7:00 p.m. for the purpose of considering the application of: PB #0901-16: EVELYN PFEIFFER, 664 WEIGERT ROAD, FARMINGTON, N.Y. 14425: Request to renew a Special Use Permit according to Article IV, Chapter 165-18 (D) of the Town of Farmington Codes. The property is located at 664 Weigert Road and zone RR-80 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

4. PUBLIC HEARING SPECIAL USE PERMIT RENEWAL


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PB #0901-16 Special Use Permit Renewal Application Name: Evelyn Pfeiffer, 664 Weigert Road, Farmington, N.Y. 14425 Location: 664 Weigert Road Zoning District: RR-80 Rural Residential Request: Renew a Special Use Permit for a dog kennel Mr. Makin opened the Public Hearing on this application. Ms. Pfeiffer appeared on behalf of her application.

She said that she has been a resident of the Town of Farmington since 1985 and first re-ceived a Special Use Permit for a dog kennel at her home in that year. She explained that she actively raises and shows Rottweilers, is a member of a number of local clubs, and is a past president of the Greater Rochester Rottweiler Club. Mr. Brand explained that in response to a recent court decision based on a case in another community the Town of Farmington has changed the former time limit provisions regard-ing Special Use Permits in. He said that now Special Use Permits run with the land, no longer require renewal applications, and automatically transfer to subsequent owners of the property. Mr. Makin noted that as the result of the court’s decision, the Planning Board has become more cautious in evaluating Special Use Permit applications because the Planning Board will not have the ability of a second look at an application after it has been granted unless the applicant violates any of the conditions of approval. He said that the maximum num-ber of dogs that Ms. Pfeiffer may be permitted to keep on the premises must be stipulated in the Special Use Permit approval resolution. Ms. Pfeiffer said that her New York State permit allows her to keep up to 15 dogs and that currently she has 12 dogs on the premises. She noted that her original permit in 1985 allowed six dogs. Referring to a Special Use Permit for a dog kennel that was approved earlier this year for another resident, Mr. Bellis asked how many dogs were allowed on that permit. Mr. Brand estimated that approximately 10 dogs were permitted. There were no further comments or questions from the Town staff or members of the Planning Board.

Mr. Makin asked if anyone in attendance wished to speak for or against the application. There were no comments or questions from those in attendance.


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■ A motion was made by MR. VIETS, seconded by MR. BELLIS, that the Public Hear-ing on this application be closed. Motion carried. The Public Hearing was closed. Board Deliberations: ■ A motion was made by MR. BELLIS, seconded by MR. VIETS, that the reading of the State Environmental Quality Review (SEQR) resolution be waived. Motion carried by voice vote. The reading of the SEQR resolution was waived. ■ A motion was made by MR. VIETS, seconded by MR. BELLIS, that the following res-olution be approved: FARMINGTON PLANNING BOARD RESOLUTION SEQR DETERMINATION—TYPE II ACTION

PB #0901-16

APPLICANT: Evelyn Pfeiffer, 664 Weigert Road, Farmington, N.Y. 14425

ACTION: Special Use Permit to operate a private dog kennel on property located at 664 Weigert Road, Farmington, N.Y. 14425

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 un-der Section 617.5 (c) (10) of the State Environmental Quality Review (SEQR) Regula-tions; and,

WHEREAS, the Action involves the granting of a Special Use Permit for the property owner to continue to operate a dog kennel upon the subject site located at 664 Weigert Road; and

WHEREAS, the Action does not involve any change to the environmental setting upon the premises; 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 Aye Edward Hemminger Excused Mary Neale Excused


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Douglas Viets Aye Scott Makin Aye

Motion carried.

The members of the Planning Board then discussed with the Town staff and Ms. Pfeiffer the maximum number of dogs to be permitted on the premises by the Special Use Permit. It was the consensus of the members of the Planning Board, the Town staff and Ms. Pfeiffer that a maximum of 15 dogs be permitted and specifically noted on the Special Use Permit resolution. The draft resolution as presented by Mr. Brand was amended with the addition of Con-dition #6. (Clerk’s Note: The resolution published below includes this amendment.) Mr. Makin then asked the clerk to read aloud the following resolution: TOWN OF FARMINGTON PLANNING BOARD ACTION RESOLUTION—SPECIAL USE PERMIT

PB #0901-16

Applicant: Evelyn Pfeiffer, 664 Weigert Road, Farmington, N.Y. 14425

Action: Special Use Permit to operate a private dog kennel on property

located at 664 Weigert Road, Farmington, N.Y. 14425

WHEREAS, the Town of Farmington Planning Board, (hereinafter referred to as Plan-ning Board) has considered the above referenced Application and has made a Deter-mination of Significance thereon under the State Environmental Quality Review (SEQR) Regulations; and,

WHEREAS, the Planning Board does hereby determine the proposed Special Use Permit to be consistent with the provisions of Chapter 165, of the town Code; and

WHEREAS, the Planning Board has reviewed the public hearing record on said Action.

NOW, THEREFORE, BE IT RESOLVED that the Planning Board does hereby ap-prove this Special Use Permit with the following Conditions:

1. This Special Use Permit for a dog kennel is hereby renewed and this permit shall

continue to remain in effect for as long as the conditions of approval contained herein are complied with.

2. The Special Use Permit is issued for the continued operation of a kennel with the

same conditions as originally imposed in 2001 with the Planning Board’s ap-proval of File #PB 0602-01.


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3. There shall be no on-street parking for any visitors to the site.

4. There shall be no outdoor storage of any equipment, materials, or supplies associ-ated with this Special Use Permit.

5. All site lighting shall be made compliant with the Town Code requirements.

6. The Special Use Permit allows up to fifteen (15) dogs to remain on the subject

property at any one time.

■ A motion was made by MR. BELLIS, seconded by MR. VIETS, that the preceding resolution be approved.

Adrian Bellis Aye Edward Hemminger Excused Mary Neale Excused Douglas Viets Aye Scott Makin Aye

Motion carried.

5. CONTINUED PUBLIC HEARING: PRELIMINARY TWO-LOT RESUBDIVISION PB #0503-16 Continued Preliminary Two-Lot Re-Subdivision Application Name: MiniTec Framing Systems LLC, Victor Business Centre, 100 Rawson Road, Suite 228, Victor, N.Y. 14564 Location: North side of County Road 41, east of Service Steel Zoning District: LI Limited Industrial

Request: To create Lot #3 consisting of 10 acres; the remaining lands Lot #R-2 will consist of 33.659 acres

CONTINUED PUBLIC HEARING: SPECIAL USE PERMIT PB #0504-16 Continued Special Use Permit Application

Name: MiniTec Framing Systems LLC, Victor Business Centre, 100 Rawson Road, Suite 228, Victor, N.Y. 14564 Location: North side of County Road 41, east of Service Steel


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Zoning District: LI Limited Industrial

Request: A Special Use Permit to allow assembly and fabrication operations in accordance with the provisions of Chapter 165, Section 29D (6) of the Town Code

CONTINUED PRELIMINARY SITE PLAN APPLICATION PB #0502-16 Continued Preliminary Site Plan Application

Name: MiniTec Framing Systems LLC, Victor Business Centre, 100 Rawson Road, Suite 228, Victor, N.Y. 14564 Location: North side of County Road 41, east of Service Steel Zoning District: LI Limited Industrial

Request: 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

Mr. Makin concurrently reconvened the following: —The Public Hearings on PB #0503-16 (MiniTec Framing Systems Preliminary Two-Lot Re-Subdivision application) and PB #0504-16 (MiniTec Framing Systems Special Use Permit application), both of which had been continued from the meetings of May 4, 2016; June 1, 2016; July 20, 2016; and September 7, 2016; and —The Public Meeting on PB #0502-16 (MiniTec Framing Systems Preliminary Site Plan application), also which had been continued from the meetings of May 4, 2016; June 1, 2016; July 20, 2016; and September 7, 2016. Mr. Thornton and Mr. Zaffarano presented these applications. Mr. Thornton confirmed receipt of all review comments discussed at the previous meet-ings and said that all of the comments have been addressed and are reflected upon the updated plans that were submitted to the Town on September 16, 2016. He also reported that the Ontario County Department of Public Works has reviewed and accepted the ap-plicant’s storm-water drainage plans and is prepared to issue a work permit. Mr. Brand said that Full Environmental Assessment Form (EAF) (Part 2 and Part 3) has been completed for the Planning Board’s review and acceptance. He explained that Part 2 provides an evaluation of the impacts of the project and that Part 3 identifies the rationale in support of the environmental determination.


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Mr. Brand explained that Part 2 of the EAF determines that the project will have no im-pact upon storm-water drainage that cannot be resolved with the filing of easements that will permit site drainage to flow into an adjacent storm-water retention facility. He said that the concern of the Ontario County Department of Works about the storm-water drainage was the remaining outstanding obstacle to the project, that the County represent-ative has accepted the applicant’s engineer’s solution, and that the project now may move forward. Mr. Brand also explained that Part 3 of the EAF summarizes the coordinated review of the environmental record of the project, accepts Part 2 of the assessment form, and pro-vides the rationale for a determination of non-significance under SEQR. He noted that the SEQR resolution would apply to all three applications (Preliminary 2-Lot Re-Subdivision Plat, Special Use Permit, and Preliminary Site Plan). Mr. Brand said that the Re-subdivision and Special Use Permit applications are subject to Public Hearings. Mr. Giroux and Mr. Degear had no further comments or questions on the applications. Mr. Brabant said that all engineering comments have been addressed. There were no further comments or questions from members of the Planning Board. Mr. Makin asked if anyone in attendance wished to speak for or against the application. There were no comments or questions from those in attendance.

■ A motion was made by MR. VIETS, seconded by MR. BELLIS, that the Public Hear-ings on PB #0503-16 (MiniTec Framing Systems Preliminary Two-Lot Re-Subdivision application) and PB #0504-16 (MiniTec Framing Systems Special Use Permit appli-cation) be closed. Motion carried by voice vote. The Public Hearings were closed. Board Deliberations: ■ A motion was made by MR. VIETS, seconded by MR. BELLIS, 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 MR. BELLIS, seconded by MR. VIETS, that the following res-olution be approved: TOWN OF FARMINGTON PLANNING BOARD RESOLUTION CRITERIA FOR DETERMINING SIGNIFICANCE


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PB #0502-16 Preliminary Site Plan PB #0503-16 Preliminary 2-Lot Re-Subdivision Plat PB #0504-16 Special Use Permit APPLICANT: MiniTec Framing Systems LLC, Victor Business Centre,

100 Rawson Road, Suite 228, Victor, N.Y. 14564 ACTION: SEQR Determination of Non-Significance Re-subdivision Plat, Preliminary Site Plan, and Special Use Permit to construct a 51,536-square-foot building for assembly and fabrication operations on a 10-acre parcel of land located

along the north side of County Road 41, east of Wood Drive, and west of County Road 8

WHEREAS, the Town of Farmington Planning Board (hereinafter referred to as Plan-ning Board), based upon review of the Criteria contained in § 617.2 (a) of Part 617 of NYCRR, article 8, New York State Environmental Conservation Law, has found the above referenced Actions to be Unlisted Actions; and

WHEREAS, the Planning Board has reviewed the completed Part 2 of the Full Environ-mental Assessment Form (EAF); and

WHEREAS, the Planning Board has completed Part 3 of the Full EAF.

WHEREAS, the Planning Board has been designated, at its meeting held on Wednesday, September 7, 2016, the lead agency for these actions.

NOW, THEREFORE, BE IT RESOLVED that the Planning Board does hereby accept the findings contained in Parts 2 and 3 of the Full EAF and directs the Planning Board Chairperson to sign and date the EAF Part 3.

BE IT FURTHER RESOLVED that the Planning Board reasonably concludes the fol-lowing impacts are expected to result from the proposed Actions, when compared against the criteria in Section 617.7 (c):

(i) there will not be a substantial adverse change in existing air quality, ground or

surface water quality or quantity, traffic noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems;

(ii) there will not be large quantities of vegetation or fauna removed from the site or

destroyed as the result of the proposed action; there will not be substantial inter-ference with the movement of any resident or migratory fish or wildlife species as the result of the proposed action; there will not be a significant impact upon habitat areas on the site; there are no known threatened or endangered species of


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animal or plant, or the habitat of such species; or, are there any other significant adverse impacts to natural resources on the site;

(iii) there are no known Critical Environmental Area(s) on the site which will be im-

paired as the result of the proposed action;

(iv) the overall density of the sites is consistent with the Town’s Comprehensive Plan land use recommendations;

(v) there are no known important historical, archeological, architectural, or aesthetic

resources on the site, or will the proposed action impair the existing community or neighborhood character;

(vi) there will not be a major change in the use of either the quantity or type of energy

resulting from the proposed action;

(vii) there will not be any hazard created to human health;

(viii) there will not be a substantial change in the use, or intensity of use, of land in-cluding open space or recreational resources, or in its capacity to support existing uses;

(ix) there will not be a large number of persons attracted to the site for more than a

few days when compared to the number of persons who would come to such a place absent the action;

(x) there will not be created a material demand for other actions that would result in

one of the above consequences;

(xi) there will not be changes in two or more of the elements of the environment that when considered together result in a substantial adverse impact; and

(xii) there are not two or more related actions which would have a significant impact

upon the environment.

BE IT FURTHER RESOLVED that based upon the information and analysis above and the supporting documentation, the Board determines that the proposed action WILL NOT result in any significant adverse environmental impacts.

BE IT FINALLY RESOLVED that the Board directs that copies of this determination be filed as provided for under the SEQR Regulations.

Adrian Bellis Aye Edward Hemminger Excused Mary Neale Excused Douglas Viets Aye


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Scott Makin Aye

Motion carried. Mr. Makin then asked the clerk to read aloud the following resolution: TOWN OF FARMINGTON PLANNING BOARD RESOLUTION PRELIMINARY RE-SUBDIVISION PLAT, LOTS #R-2 AND #R-3 BLACKWOOD ASSOCIATES, LLC SUBDIVISION

PB #0503-16

APPLICANT: MiniTec Framing Systems LLC, Victor Business Centre,

100 Rawson Road, Suite 228, Victor, N.Y. 14564

ACTION: Preliminary Re-Subdivision, Lots #R-2 and #R-3, of the Blackwood Associates, LLC Subdivision

WHEREAS, the Town of Farmington Planning Board (hereinafter referred to as Plan-ning Board), has received an Application from MiniTec Framing Systems, for Prelimi-nary Re-Subdivision Plat Approval for Lots #R-2 and #R-3 of the Blackwood Associates, LLC Subdivision (identified as Tax Map Account #42.00-1-54.100 containing a total of 43.659 acres); and

WHEREAS, the Planning Board has reviewed and given consideration to the Ontario County Planning Board Referral #101-2016, dated June 8, 2016; and

WHEREAS, the Planning Board has received testimony at tonight’s public hearing re-garding the proposed preliminary re-subdivision; and

WHEREAS, the Planning Board has determined the proposed action to be an Unlisted Action as identified under Part 617, of Article 8 of the New York State Environmental Conservation Law (hereinafter referred to as the SEQR Regulations), thereby satisfying the procedural requirements under the SEQR Regulations.

NOW, THEREFORE, BE IT RESOLVED that the Planning Board does hereby move to grant Preliminary Re-Subdivision Plat approval of the above referenced application with the following conditions:

1. Approval is based upon the drawing prepared by Freeland-Parrienello, Land Sur-

veyors, entitled “Preliminary Re-Subdivision Plat Lots #R-2 & #R-3, Blackwood Associates LLC Subdivision,” having a revised date of August 26, 2016.”

2. All comments contained in the August 31, 2016, letter from Lance S. Brabant,

CPESC, MRB Group, P.C., are to be addressed in a written response to the Town and changes made to the Site Plan drawing as necessary.


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3. Once the Preliminary Re-Subdivision Plat drawings have been signed by the iden-tified Town Departments, the Town Engineers and then the Planning Board Chairperson, then the Planning Board will entertain an application for Final Re-Subdivision Plat Approval.

4. A total of five (5) Preliminary Re-Subdivision Plat drawings are to be submitted

for signing by Town Officials. After signing, one signed copy is to be provided to the Town Water and Sewer Superintendent; one copy to the Town Engineers; one copy to Tim McElligott, P.E., Ontario County Department of Public Works; and one copy to the Town Development Office files. The remaining copy is to be re-turned to the Applicant. If additional signed copies are required, then the addi-tional number of copies are to be submitted at the time for signing along with in-structions.

5. Preliminary Re-Subdivision Plat Approval is valid for a period of 180 days from

today. Failure to submit the plan map drawings for signatures within this time period will result in the approval being made null and void.

Mr. Makin then asked Mr. Thornton if he understood the resolution and agreed with the conditions. Mr. Thornton asked about Condition #2 regarding changes to be made to the site plan if necessary in response to the Town engineer’s comments. He questioned if this condition was necessary. Mr. Brand explained that this condition concerns the Town en-gineer’s letter of August 31, 2016, and that each of the engineer’s comments already have been addressed on the plans that have been submitted by Mr. Thornton. Mr. Thornton then said that he understood the resolution and agreed with the conditions. ■ A motion was made by MR. VIETS, seconded by MR. BELLIS, that the preceding resolution be approved. Adrian Bellis Aye Edward Hemminger Excused Mary Neale Excused Douglas Viets Aye Scott Makin Aye

Motion carried.

Mr. Makin then asked the clerk to read aloud the following resolution:

TOWN OF FARMINGTON PLANNING BOARD ACTION RESOLUTION—SPECIAL USE PERMIT

PB #0504-16


100 Rawson Road, Suite 228, Victor, N.Y. 14564


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ACTION: Special Use Permit

WHEREAS, the Town of Farmington Planning Board, (hereinafter referred to as Plan-ning Board) has considered the above referenced Application and has made a Determina-tion of Significance thereon under the State Environmental Quality Review (SEQR) Reg-ulations; and,

WHEREAS, the Planning Board does hereby determine the proposed Special Use Permit to be consistent with the provisions of Chapter 165, Article IV, Section 29. D. (6) of the town Code; and

WHEREAS, the Planning Board has reviewed the public hearing record upon said Ac-tion.

NOW, THEREFORE, BE IT RESOLVED that the Planning Board does hereby ap-prove this Special Use Permit with the following conditions:

1. This Special Use Permit for the construction of a 51,536-square-foot single-story

building to be used for assembly and fabrication operations; a 400-square-foot single-story freestanding maintenance building; and related site improvements on Lot #R-3 of the Blackwood Associates, LLC, Subdivision.

2. The Special Use Permit is granted with the condition that all operations are to

comply with the criteria set forth in Section 165-29. D. (6) of the Town Code.

3. The Special Use Permit is granted with the understanding that any expansion of the assembly and fabrication operations on the site shall be reviewed by the Plan-ning Board and such expansion will be subject to Site Plan approval under sepa-rate application.

4. The Special Use Permit is subject to the filing or the re-subdivision plat for Lot R-

3 of the Blackwood Associates, LLC Subdivision, with the Ontario County Clerk’s Office.

5. The Special Use Permit is subject to the conditions of Final Site Plan Approval

for the proposed MiniTec Assembly and Fabrication Operations site development.

6. There shall be no outdoor storage of any equipment, materials, or supplies associ-ated with this Special Use Permit.

7. All site lighting shall be made compliant with the Town Code requirements.

Mr. Makin then asked Mr. Thornton if he understood the resolution and agreed with the conditions. Mr. Thornton said that he understood the resolution and agreed with the con-ditions.


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■ A motion was made by MR. MAKIN, seconded by MR. VIETS, that the preceding resolution be approved. Adrian Bellis Aye Edward Hemminger Excused Mary Neale Excused Douglas Viets Aye Scott Makin Aye

Motion carried.

Mr. Makin then asked the clerk to read aloud the following resolution:

TOWN OF FARMINGTON PLANNING BOARD RESOLUTION PRELIMINARY SITE PLAN—MINITEC ASSEMBLY AND FABRICATION BUILDING AND RELATED SITE IMPROVEMENTS

PB #0502-16


100 Rawson Road, Suite 228, Victor, N.Y. 14564 ACTION: Preliminary Site Plan, County Road 41

WHEREAS, the Town of Farmington Planning Board (hereinafter referred to as Plan-ning Board), has received an Application from MiniTec Framing Systems, for Prelimi-nary Site Plan Approval for a 51,536-square-foot Assembly and Framing Building and a 20-foot by 20-foot freestanding single story maintenance building (identified as Lot #R-3 containing a total of 10.00 acres); and

WHEREAS, the Planning Board has received testimony at tonight’s public meeting re-garding the proposed preliminary site plan drawing; and

WHEREAS, the Planning Board has received and given consideration to Ontario County Planning Board Referral #101.2-2016, a Class 2 Referral with comments; and

WHEREAS, the Planning Board has determined the proposed action to be an Unlisted Action as identified under Part 617, of Article 8 of the New York State Environmental Conservation Law (hereinafter referred to as the SEQR Regulations); and

WHEREAS, the Planning Board has completed Parts 2 and 3 of the Full Environmental Assessment Form, reviewed the criteria for making a determination of significance com-paring this criteria to identified impacts and has under separate resolution made a deter-mination of non-significance upon the Action.


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NOW, THEREFORE, BE IT RESOLVED that the Planning Board does hereby move to grant preliminary site plan approval of the above referenced application with the fol-lowing conditions:

1. Approval is based upon drawings numbered S-1 through S-5 and D-1 through D-

9, prepared by Thornton Engineering, LLP, entitled “Preliminary Site Plan Manu-facturing Facility, MiniTec Framing Systems, County Road 41, Town of Farm-ington, Ontario County, New York,” with a revised date of 9/14/16.

2. Preliminary Site Plan Approval does not include approval of any sign that is sub-

ject to Sign Site Plan Approval under a separate application to the Planning Board.

3. Drawing No. S-1, Project Information Note, Parcel Address, is to be changed

from Lot 2 of the Blackwood Associates, LLC Subdivision, to Lot R-3. In addi-tion, all other references to this site are to read Lot R-3 of the Blackwood Associ-ates, LLC Subdivision.

4. Drawing No. S-1, is to provide an employee entrance on the east side of the pro-

posed building that is ADA compliant and that has a concrete sidewalk connec-tion.

5. Off-street parking striping is to be double yellow stripe in accordance with the

provisions of §165-37.A. (c) of the Town Code. A note to this requirement is to be shown on Drawing Number S-1.

6. Drawing Number S-5, Landscaping Plan and Details, is to show 3 additional Acer

soccherumj “Fiderezam” (Sugar Maple trees) planted along the east side of the driveway and one additional sugar maple tree along the west side of the driveway between the proposed business sign and the proposed flag pole.

7. Drawing Number S-5, Landscaping Plan and Details, is to show an expanded area

for the two proposed planting beds near the front entrance to the building. These two planting beds are to extend to both ends of the proposed parking lot. The planting schedule is to be amended to reflect this change.

8. Prior to the issuance of any Building Permit for site development, the liber and

page numbers for all proposed easements is to be provided to the Town Code En-forcement Officer and placed in the file.

9. Prior to the issuance of any Building Permit for site development, a copy of the

highway access permit to be issued by Ontario County Department of Public Works is to be provided to the Town Code Enforcement Officer and placed in the file.


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10. All comments contained in the August 31, 2016, letter from Lance S. Brabant, CPESC, MRB Group, P.C., have been addressed in a written response to the Town from Glenn Thornton, P.E., Partner, Thornton Engineering, LLP and changes are understood to have been made to the Site Plan drawings as necessary.

11. A total of six (6) sets of the revised Preliminary Site Plan drawings are to be sub-

mitted for signing. Once the Town Code Enforcement Officer is satisfied that all of the above conditions of Preliminary Site Plan Approval have been met then he shall contact the Town Department Heads and Town Engineers Office to sign the paper prints. One signed by the Planning Board Chairperson, then one copy is to be provided to the Town Highway Superintendent; one copy to the Town Engi-neers; one copy to the Town Water and Sewer Department, one copy to the De-velopment Office files and one copy to Tim McElligott, P.E., Ontario County De-partment of Public Works. The remaining copy is to be returned to the Applicant. If additional signed copies are required, then the additional number of copies are to be submitted at the time for signing along with instructions.

12. Preliminary Site Plan Approval is valid for a period of 180 days from today. Fail-

ure to submit the revised sets of site plan map drawings for signatures within this time period will result in the approval being made null and void.

Mr. Makin then asked Mr. Thornton if he understood the resolution and agreed with the conditions. Mr. Thornton said that he understood the resolution and agreed with the con-ditions.

■ A motion was made by MR. VIETS, seconded by MR. BELLIS, that the preceding resolution be approved.


Motion carried.

6. SITE PLAN APPLICATION PB #0802-16 Preliminary Site Plan Application Name: Mark DiMartino, D.D.S., 126 East Main Street, Victor, N.Y. 14564 Location: East side of Hathaway Drive, north of Beaver Creek


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Zoning District: GB General Business Request: Construct a 4,100-square-foot, single-story dental office on a 1.975-acre site on the east side of Hathaway Drive, north of Calm Lake Drive; the property is within the Major Thoroughfare Overlay District (MTOD)

Mr. Makin resumed consideration of this application which was discussed informally at the Planning Board meeting on June 1, 2016; which was reviewed by the Project Review Committee on June 3, 2016, and August 5, 2016; and which was presented at the Plan-ning Board meeting on August 17, 2016. Also on August 17, 2016, the Planning Board determined that the proposed Action is an Unlisted Action under the State Environmental Quality Review (SEQR) regulations, des-ignated itself as the lead agency for making the required determination of significance upon said Action, and directed the preparation of Part 2 of the Short Environmental As-sessment Form. Mr. Gorman presented this application. Dr. DiMartino, Mr. Cashette, Mr. Fromberger and Mr. Lassiter also attended. Mr. Gorman said that a 4,100-square-foot single-story dental office with associated park-ing, utilities, lighting and storm-water management practices is planned on the site and would include 63 parking spaces (when 61 parking spaces are required by the Town Code). He said that 41 parking spaces (including two handicapped spaces) would be con-structed and that 23 parking spaces would be land banked for future use as needed. He said that the sanitary sewer would be connected at the north property line with a 6-inch lateral, that the 8-inch water main along Hathaway Drive would be extended past the dental office driveway, and that 1½-inch water service would be run into the structure. Mr. Gorman said that a 50-foot section of sidewalk would be installed across the drive-way and that conduit and sleeving would be provided for future utility installation as part of the adjacent Mercier Incentive Zoning Project. Mr. Gorman explained that the storm water discharge would be connected to the existing storm-water system on Hathaway Drive and that the project would be meet the New York State Department of Environ-mental Conservation (DEC) requirements for water quality and quantity through the use of pocket ponds and bioretention areas. Mr. Gorman said that LED lighting fixtures that are dark-sky compliant would be in-stalled. He said that one light pole would be installed at the driveway entrance in the style to meet Town Code requirements. Mr. Gorman said that the project required two setback variances, both of which were granted by the Zoning Board of Appeals on August 22, 2016.


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Mr. Brand said that two draft resolutions have been prepared for Planning Board conside-ration, i.e., a SEQR resolution with a determination of non-significance and a resolution approving the Preliminary Site Plan. Mr. Fromberger displayed artist’s renderings of the building elevations and design as to be seen from State Route 332 and from Hathaway Drive. Mr. Brand explained that the applicant seeks to move forward with this project prior to site plan approval of the adjacent Mercier Incentive Zoning Project. He said that it will be the applicant’s responsibility to work with the Mercier project engineer (McMahon LaRue Associates, P.C.) concerning the details and scheduling of the installation of the sidewalk, the utilities under the driveway entrance, the streetlight and the extension of the 8-inch water line. He said that the Mercier project is still in the design stage and that preliminary site plans may be submitted to the Town within the next month. Mr. Giroux asked about the parcel of State-owned land between Beaver Creek and State Route 332. Mr. Gorman said that this has been discussed with the New York State De-partment of Transportation (DOT) but that he currently does not have a timeframe for an answer. Mr. Brand noted a similar situation with the project of Dr. Mattiacio, whose office building is located at the corner of Hathaway Drive and Perez Drive. He said that Dr. Mattiacio eventually purchased the State-owned property which enabled him to clear the land to provide visibility for his building from State Route 332. Mr. Gorman said that it is his goal to receive preliminary approval from the DOT to clear the State-owned land to provide visibility of the structure from State Route 332. Mr. Degear said that each of his concerns have been addressed and that the Water and Sewer Department recommends approval of the project. Mr. Brabant said that all engineering comments related to the Preliminary Site Plan have been addressed. Mr. Viets asked about the land-banked parking area and installation of light poles. Mr. Gorman said that one light pole initially would be installed at the driveway entrance at Hathaway Drive and that two other light poles are depicted upon the site plan and would be installed when the land-banked parking area is needed. He said that conduit would be installed now to accommodate the future light poles. Mr. Makin commended Mr. Gorman on the well-presented application. ■ 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 MR. VIETS, seconded by MR. BELLIS, that the following res-olution be approved:


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TOWN OF FARMINGTON PLANNING BOARD RESOLUTION CRITERIA FOR DETERMINING SIGNIFICANCE

PB #0802-16

APPLICANT: Mark DiMartino, D.D.S., 126 East Main Street,

Victor, N.Y. 14564 ACTION: SEQR Determination of Non-Significance Preliminary Site Plan to construct a 4,100-square-foot office building and related site improvements on a 1.975-acre parcel

of land located along the east side of Hathaway Drive, west of State Route 332

WHEREAS, the Town of Farmington Planning Board (hereinafter referred to as Plan-ning Board), based upon review of the Criteria contained in § 617.2 (a) of Part 617 of NYCRR, article 8, New York State Environmental Conservation Law, has found the above referenced Actions to be Unlisted Actions; and

WHEREAS, the Planning Board has reviewed the completed Part 2 of the Short En-vironmental Assessment Form (EAF); and

WHEREAS, the Planning Board has reviewed the completed Part 3 of the Short EAF.

WHEREAS, the Planning Board has been designated previously been designated the lead agency for this action.

NOW, THEREFORE, BE IT RESOLVED that the Planning Board does hereby accept the findings contained in Parts 2 and 3 of the Short EAF and directs the Planning Board Chairperson to sign and date the Short EAF Part 3.

BE IT FURTHER RESOLVED that the Planning Board reasonably concludes the fol-lowing impacts are expected to result from the proposed Actions, when compared against the criteria in Section 617.7 (c):

(i) there will not be a substantial adverse change in existing air quality, ground or

surface water quality or quantity, traffic noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems;

(ii) there will not be large quantities of vegetation or fauna removed from the site or

destroyed as the result of the proposed action; there will not be substantial in-terference with the movement of any resident or migratory fish or wildlife species as the result of the proposed action; there will not be a significant impact upon habitat areas on the site; there are no known threatened or endangered species of


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animal or plant, or the habitat of such species; or, are there any other significant adverse impacts to natural resources on the site;

(iii) there are no known Critical Environmental Area(s) on the site which will be im-

paired as the result of the proposed action;

(iv) the overall density of the sites is consistent with the Town’s Comprehensive Plan land use recommendations;

(v) there are no known important historical, archeological, architectural, or aesthetic

resources on the site, or will the proposed action impair the existing community or neighborhood character;

(vi) there will not be a major change in the use of either the quantity or type of energy

resulting from the proposed action;

(vii) there will not be any hazard created to human health;

(viii) there will not be a substantial change in the use, or intensity of use, of land in-cluding open space or recreational resources, or in its capacity to support existing uses;

(ix) there will not be a large number of persons attracted to the site for more than a

few days when compared to the number of persons who would come to such a place absent the action;

(x) there will not be created a material demand for other actions that would result in

one of the above consequences;

(xi) there will not be changes in two or more of the elements of the environment that when considered together result in a substantial adverse impact; and

(xii) there are not two or more related actions which would have a significant impact

upon the environment.

BE IT FURTHER RESOLVED that based upon the information and analysis above and the supporting documentation, the Board determines that the proposed action WILL NOT result in any significant adverse environmental impacts.

BE IT FINALLY RESOLVED that the Board directs that copies of this determination be filed as provided for under the SEQR Regulations.

Adrian Bellis Aye Edward Hemminger Excused Mary Neale Excused Douglas Viets Aye


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Scott Makin Aye

Motion carried. Mr. Makin then asked the clerk to read aloud the following resolution. (Clerk’s Note: Following the reading, Mr. Gorman noted that the Drawing Number refer-ence in Conditon #4 should read “Drawing Number C-2.” The text of the resolution be-low includes this change.) TOWN OF FARMINGTON PLANNING BOARD RESOLUTION PRELIMINARY SITE PLAN—MARK DIMARTINO, D.D.S., OFFICE BUILDING AND RELATED SITE IMPROVEMENTS

PB #0802-16

APPLICANT: Mark DiMartino, D.D.S., 126 East Main Street,

Victor, N.Y. 14564 ACTION: Preliminary Site Plan, East Side of Hathaway Drive

WHEREAS, the Town of Farmington Planning Board (hereinafter referred to as Plan-ning Board), has received an Application from Dr. Mark DiMartino, for Preliminary Site Plan Approval for a 4,100-square-foot office building and related site improvements of a 1.975-acre site located along the east side of Hathaway Drive and west of State Route 332; and

WHEREAS, the Planning Board has received testimony at tonight’s public meeting re-garding the proposed preliminary site plan drawing; and

WHEREAS, the Planning Board has received and given consideration to Ontario County Planning Board Referral #116.1-2016, a Class 1 Referral with comments; and

WHEREAS, the Planning Board has determined the proposed action to be an Unlisted Action as identified under Part 617, of Article 8 of the New York State Environmental Conservation Law (hereinafter referred to as the SEQR Regulations); and

WHEREAS, the Planning Board has completed Parts 2 and 3 of the Short Environmental Assessment Form, reviewed the criteria for making a determination of significance com-paring thes criteria to identified impacts and has under separate resolution made a deter-mination of non-significance upon the Action.

NOW, THEREFORE, BE IT RESOLVED that the Planning Board does hereby move to grant preliminary site plan approval of the above referenced application with the fol-lowing conditions:


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1. Approval is based upon drawings numbered C-1 through C-5.1 prepared by Marathon Engineering, entitled “Preliminary Site Plan for Office of Dr. DiMar-tino, Hathaway Drive,” with a date of 07/22/16.

2. Preliminary Site Plan Approval does not include approval of any sign that is sub-

ject to Sign Site Plan Approval under a separate application to the Planning Board.

3. Drawing No. C2.0, Layout Plan, the note relating to the proposed concrete side-

walk is to be amended to read . . . “Concrete Sidewalk to be installed across the driveway entrance to the site by the Applicant and is to be coordinated with plans prepared by McMahon LaRue Associates, P.C., for the amendment to Lots #4 and #5 of the adjacent Mercier Incentive Zoning Project.” This note is also to include wording to the effect the installation of all utilities under the driveway entrance, the installation of a street light near the driveway entrance and the extension of the 8-inch public water main north to the location determined by the Water and Sewer Superintendent for this office building.

4. Off-street parking striping is to be double yellow stripe in accordance with the

provisions of §165-37.A. (c) of the Town Code. A note to this requirement is to be shown on Drawing Number C-2.

5. Prior to the issuance of any Building Permit for site development, the liber and

page numbers for all proposed easements is to be provided to the Town Code En-forcement Officer and placed in the file.

6. Prior to the issuance of any Building Permit for site development, a copy of the

highway access permit to be issued by the Town Highway Department is to be provided to the Town Code Enforcement Officer and placed in the file.

7. All comments contained in the August 11, 2016, letter from Lance S. Brabant,

CPESC, MRB Group, P.C., are to addressed in a written response to the Town and changes made to the Site Plan drawings as necessary.

8. A total of five (5) sets of the revised Preliminary Site Plan drawings are to be sub-

mitted for signing. Once the Town Code Enforcement Officer is satisfied that all of the above conditions of Preliminary Site Plan Approval have been met then he shall contact the Town Department Heads and Town Engineers Office to sign the paper prints. One signed by the Planning Board Chairperson, then one copy is to be provided to the Town Highway Superintendent; one copy to the Town Engi-neers; one copy to the Town Water and Sewer Department, and one copy to the Development Office files. The remaining copy is to be returned to the Applicant. If additional signed copies are required, then the additional number of copies are to be submitted at the time for signing along with instructions.


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9. Preliminary Site Plan Approval is valid for a period of 180 days from today. Failure to submit the revised sets of site plan map drawings for signatures within this time period will result in the approval being made null and void.

Mr. Makin then asked Mr. Gorman if he understood the resolution and agreed with the conditions. Mr. Gorman said that he understood the resolution and agreed with the con-ditions. ■ A motion was made by MR. VIETS, seconded by MR. BELLIS, that the preceding resolution be approved.


Motion carried.

7. FINAL SITE PLAN AMENDMENTS PB #0601-16 Final Site Plan Amendments Application Name: Mark Stevens, S. B. Ashley Company, 700 Powers Building, 16 West Main Street, Rochester, N.Y. 14614 (Collett Woods Townhouse Project, Phase III) Location: Southwest corner of Route 332 and Collett Road Zoning District: RMF Residential Multi-Family Request: Corrections to Final Site Plan Drawing, Final Site Utility Drawing

and Lot Line Adjustment for Tax Map Account #029-01-9.112 and Tax Map Account #029-01-10.000.

On April 20, 2016, the Planning Board approved the State Environmental Quality Review (SEQR) resolution and approved the Preliminary Site Plan for Phase III of the Collett Woods Townhouse Project. The Final Site Plan was approved by the Planning Board on May 18, 2016. Mr. Vento presented this application. He explained that no changes have been made to the design of the project. He said that the purpose of the amendments is to correct errors in the depiction of the ownership of


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land adjacent to the Collett Woods property. He said that it now has been determined that a portion of land to the south is owned by John A. Malvaso and Frank DiFelice. A memorandum from Mr. Brand, dated September 15, 2016, with a detailed list of the changes to the site plan, was provided to the Planning Board in advance of this meeting, summarized as follows: Drawing C100: Correctly shows: the property owners for Tax Account Number 29.00-01-9.112; the location for the future Town Highway to the adjacent property jointly owned by Malvaso and DiFelice (Tax Account Number 29.00-01-10.000) and the necessary offer of dedi-cation of the stub street; and the small remaining portion of Tax Account Number 29.00-01-9.112 (the area nearest the intersection of West Corporate Drive and State Route 332) that is to be combined (via lot line adjustment) into Tax Account Number 29.00-01-10.000. No signatures are required on this cover sheet. The drawing’s Revisions Box has been amended. Drawing C102: Correctly shows: all of the correct information for the stub street extending south from West Corporate Drive to the south property line for Tax Account Number 29.00-01-9.112; the correct right-of-way width for the proposed stub street, including design de-tails; relocation of the street light into the right-of-ways at the intersection of said stub street with West Corporate Drive. Signatures are required on this drawing by all depart-ments, town engineer and planning board chairperson. The drawing’s Revisions Box has been amended. Drawing C104: Correctly shows: all of the correct property owners information (note: there are no changes to the design for utilities, only property identifications); and the proper reference for the formal offer of dedication of the stub street. This drawing needs to be re-signed by all as the original drawing does not contain the signature of the Planning Board Chair-person. The drawing’s Revisions Box has been amended. Drawing V100: Correctly show the lot line adjustment referenced above and the property owners for both Tax Accounts. This drawing only needs to be re-signed by the Planning Board Chair-person. The drawing’s Revisions Box has been amended.

Mr. Brand said that the errors were discovered following the approval process of the Collett Woods Phase III project. He said that Mr. Malvaso and Mr. DiFelice met with Town representatives and have accepted the amendments. Mr. Brand said that these changes do not involve a subdivision, that no new lots are created, and that the amend-ments reflect only a lot line adjustment. Following approval of the Final Site Plan Amendments by the Planning Board, Mr. Brand said that the revised drawings would be filed with the Ontario County Clerk’s Office and the Town Development Office.


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Mr. Brand noted that the amendments would benefit Mr. Malvaso and Mr. DiFelice by providing more frontage of their property along State Route 332 and that the Town would benefit by receiving a new section of Town road in the area that has been suggested by the New York State Department of Transportation. He emphasized that both the landowners and the applicant are satisfied with the amend-ments, that there was no intent by any of the parties to deceive, and that this was simply an oversight that all parties, including the Town, now want to be corrected. Mr. Brand explained that Mr. Malvaso and Mr. DiFelice have signed a letter dated Sep-tember 15, 2016, in which they are in agreement with the amendments. He said that he also worked closely on these amendments with Jess Sudol, P.E., of Passero Associates (the Collett Woods design engineer), who has overseen the changes to the drawings, and with the various Town department heads. Mr. Makin then asked the clerk to read aloud the following resolution: TOWN OF FARMINGTON PLANNING BOARD RESOLUTION COLLETT WOODS TOWHOUSE PROJECT, PHASE III—FINAL SITE PLAN AMENDMENTS

PB #0601-16

APPLICANT: Mark Stevens, S. B. Ashley Company, 700 Powers Building,

16 West Main Street, Rochester, N.Y. 14614

ACTION: Collett Woods Townhouse Project, Phase III: Final Site Plan Amendments, Drawings C100, C102, C104 and V100; correcting property boundary lines and ownership

WHEREAS, the Town of Farmington Planning Board (hereinafter referred to as Plan-ning Board), has received a memorandum from Ronald L. Brand, Director of Planning and Development, dated September 15, 2016, identifying the need for making corrections to property ownership and boundary lines shown on a set of previously approved Final Site Plan drawings; and

WHEREAS, the Planning Board has also received a letter from the adjacent property owners, John A. Malvaso and Frank DiFelice, agreeing to the proposed changes identi-fied in the above referenced memorandum; and

WHEREAS, the Town Department Heads have reviewed the revised drawings and agree with the changes shown on all four drawings.

NOW, THEREFORE, BE IT RESOLVED that the Planning Board does hereby move to accept the proposed changes shown on Drawings Numbered C100, C102, C104 and V100, and grant Final Site Plan Approval with the following conditions:


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1. Final Site Plan Approval is granted only upon the information shown on Drawing Numbers C100, C102, C104 and V100, having a revision date shown of 9/12/16, identified as Project No. 20111406.0007, entitled “Site Plan Collett Woods III, Final, Town of Farmington, County of Ontario, State of New York.”

2. Once the Town Engineer has determined the above referenced amended drawings

are ready for signatures, then a minimum of five (5) paper copies are to be signed by the Town Engineer, Town Highway Superintendent, Town Water and Sewer Superintendent and the Town Planning Board Chairperson. One of the five (5) copies is to be returned to each department signing the drawings, to the Town En-gineer, and one to the Town Development Office. The fifth signed copy is to be returned to the Applicant’s Engineer. Should additional copies be required by the Applicant and/or their Engineer, then the number of additional copies to be signed are to be submitted at the time of signing of the original five (5) sets.

Mr. Makin then asked Mr. Vento if he understood the resolution and agreed with the con-ditions. Mr. Vento said that he understood the resolution and agreed with the conditions. ■ A motion was made by MR. VIETS, seconded by MR. BELLIS, that the preceding resolution be approved.


Motion carried.

8. OPEN DISCUSSION Director of Development and Planning: Redfern Townhouse Project Letter of Credit Release:

Mr. Brand reported that the Town construction inspector and the applicant’s design engi-neer are still in discussions concerning a Letter of Credit Release for the Redfern Townhouse Project. He said that this may come before the Planning Board at the first meeting in October.

New York State Agriculture and Markets Action— Proposed Farm Market, State Route 96


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Mr. Brand reviewed with the Planning Board a Town resident’s previous proposal to establish an organic farm market on a parcel of land on the south side of State Route 96, east of County Road 28 (across from the Fresh-Ayr Farm Market). He explained that the resident submitted an application to the Town in 2011 for a farm-market structure and a you-pick operation, and that the applicant had noted at the time that it would be five years for the site’s soils to become certified as organic. Mr. Brand explained that Code Enforcement Officer James Morse, in March of this year, had received an e-mail from the applicant requesting a building permit to place a pump house at a different location on the property. He said that Mr. Morse advised the applicant to submit an amended site plan application along with an application for a building permit. Mr. Brand said that nothing further was heard until the New York State Department of Agriculture and Markets (Ag and Markets) contacted the Town in writing identifying that the applicant had claimed that the Town was requiring her to incur additional (and un-necessary) reviews which were costly and would unnecessarily delay the start up of the farm operation that is located within an agricultural district. Mr. Brand explained that the Town provided Ag and Markets with a review of all correspondence that had been received from the resident. He said that a representative from Ag and Markets recently toured the site and reviewed the locations of the entrance driveway. He also noted that the staff from Ag and Markets did not choose to visit the Town Office Building, located approximately two miles from the farm market site, after having traveled three and one-half hours from Albany, N.Y. Mr. Brand also expressed thanks to Greg Trost of the New York State Department of Transportation (DOT), Can-andaigua Office, who provided dimensions for the driveway site distances in both direc-tions along Route 96. Mr. Brand also noted that the nearby intersection of State Route 96 and County Road 28 has been the location of a number of serious motor vehicle acci-dents. Mr. Brand said that the applicant, while meeting with the representative from the State Office of Ag and Markets, changed her mind regarding the location of the pump house upon the site. Mr. Brand noted that the applicant has been advised to submit a simplified amended site plan for Planning Board review to insure that the entrance driveway and the structure on the property will not interfere with DOT rights of way and sight distances. He noted that the Town still awaits reply from Ag and Markets, in addition to an appli-cation for a building permit. Cerone Incentive Zoning Project: Mr. Brand reported that Fisher Associates has prepared a corridor alignment for the Auburn Trail and how this corridor would affect the Cerone Incentive Zoning Project proposed for an approximately 15-acre parcel of land on the west of State Route 332 op-posite Farmbrook Drive.


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He said that he met with representatives of the DiMarco Group regarding the project and noted that part of their initial offering to the Town was a long/narrow strip of land to be used as a parking area for users of the Auburn Trail. He said that this strip of land was determined to accommodate up to 50 vehicles, many more than would be needed. He said that negotiations are now underway with Mr. Cerone and with owners of adjacent properties regarding the development of this area, which may include a realignment of Ivory Drive, installation of sidewalks and utilities to connect with State Route 332, and a new Town road north to the Psyllos Incentive Zoning Project (proposed for the southwest corner of State Route 332 and County Road 41). Mr. Brand said that it is hoped that these negotiations will lead to a satisfactory resolution among the landowners and a resolution that would be in the best interests of the Town.

Auburn Trail: Mr. Brand said that the Town Board, on September 27, 2016, is expected to declare its intent to be named lead agency for the National Environmental Policy Act (NEPA) and the New York State Environmental Quality Review (SEQR) evaluations for construction of the Auburn Trail section through the Town. He said that this declaration would allow the Town to stay on the timeline for final design and bid awards in spring of 2017 and completion of the Auburn Trail section by the end of 2017. Other Topics: Mr. Brand commented on the following topics:

• Create A Scape Enterprise LLC, a landscape construction company, has submitted an offer which has been accepted with conditions for the purchase of the former Soper building on the north side of State Route 96 between State Route 332 and Mertensia Road (the site of the formerly proposed Finger Lakes Athletic Center). The company intends to use the lawn area to display various landscaping products such as stone pavers, fountains, etc., and to use the structure as a sales office.

• The owners of the Farmington Market Center on the south side of State Route 96

between State Route 332 and Mertensia Road are continuing to work with the New York State Department of Transportation regarding the traffic study and the impact of the full build-out of the site upon traffic. The first phase of the develop-ment would include a new Canandaigua National Bank structure and a Tops Supermarket gasoline station.

• The developer of the Home Leasing/Mercier Incentive Zoning Project has been

informed of the Planning Board’s request that storage areas be provided to each of the residential units in the development that has been proposed for 18 acres of


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land south of Mercier Boulevard, north of Hathaway Drive and west of State Route 332.

• The first section of road and drainage gutters have been installed at the Monarch

Manor Subdivision on the northwest corner of New Michigan Road and Canan-daigua–Farmington Town Line Road. The first two units are now under construc-tion.

• The Town is awaiting signatures of several more property owners for the petition

to be presented to the Town Board to begin the process of establishing an exten-sion to the New Michigan Road Water District. He said that the Town Board has given the property owners a deadline for receipt of signatures.

Code Enforcement Officer: Reporting on behalf of Mr. Morse, Mr. Brand explained that Primo DiFelice is consid-ering an amendment to the the final site plan of the DiFelice Industrial Complex proposed for the southwest corner of Collett Road and Hook Road. The project was originally pro-posed as one structure of office and warehouse uses. It was then separated into two sepa-rate structures when it was determined that the single structure would have been built over an existing sewer line. Mr. DiFelice is now considering relocating the sewer line and returning to one structure that would be about 1,000 square feet larger than the original proposal. Mr. Degear noted that Mr. DiFelice spoke with him informally concerning the relocation of the sewer line but that a formal set of revised site plans have not yet been submitted for review. Mr. Brand said that the Planning Board may wish to require that the amendment be submitted at the Preliminary Site Plan stage due to the extent of the proposed changes. Mr. Makin agreed.

9. PUBLIC COMMENTS

Mr. Bloss expressed concern about the effectiveness of the drainage mitigation plans that have been proposed for the Redfield Grove project to be located north of the Sunny Acres residential tract. He said that he hopes that these drainage plans will alleviate the problem of having water in the basements during heavy rains and other inclement weather conditions. Mr. Brand reported that a resident contacted the Town regarding large tree limbs that were encroaching upon residential yards from the Redfield Grove property. He said that DiFelice Development Corporation was contacted, that the company arranged to have the trees trimmed, and that the resident was pleased with the work. However, Mr. Giroux reported that another resident in the area called the Highway Department to complain that the workers had driven onto her property and left open a fence gate.


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10. ADJOURNMENT

■ A motion was made MR. BELLIS, seconded by MR. VIETS, that the meeting be ad-journed. Motion carried by voice vote. The meeting was adjourned at 8:20 p.m.

The next regular meeting of the Planning Board will be held at the Town Hall on Wed-nesday, October 6, 2016, at 7:00 p.m. Following the meeting, the clerk and Mr. Brand secured the building.

Respectfully submitted, __________________________________________ L.S. John M. Robortella, Clerk of the Town of Farmington Planning Board

23 Farmington Planning Board Minutes September 21 2016...

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