A regular meeting of the Village of Victor Planning Board was held on Wednesday, November 18, 2015, at the Village Hall, 60 East Main Street.

Transcription

1 A regular meeting of the Village of Victor Planning Board was held on Wednesday, November 18, 2015, at the Village Hall, 60 East Main Street. MEMBERS PRESENT: Chairperson Meg CHaides Member Charles Criss Member Steven Van Dyke Member Peter Kowal Member Jeffrey Swan Planning Clerk Roseanne Turner-Adams OTHERS PRESENT: Gretchen Collins, Don Lewis, Audrey Llano, Karen Lynch, Dan Lynch, Nancy Peglow, Bud Peglow, Margaret Baunean, Jeff A. Smithe, Rob Shafer, Eric Miller, Rhonda Bailey, Khris Bailey, Linda Sampson, Laurie Lavery, Al Sampson, Sam Elbadry, Philip M. Lavery Meeting called to order at 7:00 PM by Chairperson CHaides. Salute to the flag. Resolution #36-15PB Acceptance of Minutes On a motion made by Peter Kowal, seconded by Charles Criss, the following resolution was ADOPTED 5 AYES 0 NAYS Resolved, to accept the minutes dated October 28, School Street/Stumblin Monkey Brewing Co. Sign Application Mr. Rob Shafer & Mr. Eric Miller stated that they propose an 18 sf sign on the front of the building facing School Street over the door once it is installed. The sign will have a white background with black lettering. Mr. Swan stated that in the illustration the door is not shown. Mr. Miller stated that the door has not been installed yet but that there will be double doors directly centered under the sign. Mr. Criss asked if the sign will be lit. Mr. Miller stated that the sign will not be lit. Resolution #37-15PB Planning Board 61 School Street/Stumblin Monkey Brewing Co. Sign Application

2 On a motion made by Peter Kowal, seconded by Steven VanDyke, the following resolution was ADOPTED 5 AYES 0 NAYS WHEREAS, the Planning Board made the following findings of fact: 1. A sign application was received on October 7, 2015, by the Secretary of the Planning Board for a 2 x 9 mounted sign at 61 School Street. 2. It is the intent of the applicant to advertise Stumblin Monkey Brewing Co. 3. The signs shall be as illustrated in plans received October 7, NOW, THEREFORE BE IT RESOLVED that the application of Rob Shafer, for a mounted sign at 61 School Street, received by the Planning Board October , BE APPROVED WITH THE FOLLOWING CONDITIONS: 1. That the sign receive a Certificate of Appropriateness from the Architectural Preservation Review Board (APRB) prior to installation. Resolution #14-15APRB Architectural Preservation Review Board 61 School Street/Stumblin Monkey Brewing Co. Certificate of Appropriateness for Sign On a motion made by Peter Kowal, seconded by Charles Criss, the following resolution was ADOPTED 5 AYES 0 NAYS WHEREAS, the Architectural Preservation Review Board made the following findings of fact: 1. A Certificate of Appropriateness application was received on October 7, 2015, by the Secretary of the Planning Board for a mounted sign at 61 School Street. 2. The sign will be black lettering with a white background. NOW, THEREFORE BE IT RESOLVED that the application of Rob Shafer for a sign at 61 School Street, received by the Planning Board October 7, 2015, BE APPROVED AND, BE IT FURTHER, RESOLVED, that the Planning Board Secretary distribute the appropriate standard conditions with the Planning Board s approval letter. 54 West Main Street/El Basha Mediterranean Eatery

3 Statement of Intent Mr. Sam Elbadry, Owner of El Basha stated that his restaurant will feature fresh food that is healthy at a reasonable price. Mr. Elbadry explained that he uses paper plates so that it is more healthy and clean and keeps prices down. Mr. Elbadry gave the Planning Board samples of his food to try. Mr. Elbadry stated that his hummus is made fresh every day. Ms. CHaides asked about the hours of operation. Mr. Elbadry stated that the hours are Sunday 11-5, Monday 11-6, Tuesday, Wednesday & Thursday 11-8 and Friday and Saturday Mr. Elbadry stated that they do not serve alcohol but that customers can bring in their own wine without a charge. 54 West Main Street/El Basha Mediterranean Eatery Sign Application Mr. Elbadry stated that the sign will be the same size as the old sign. Ms. CHaides asked if the existing lighting will be used. Mr. Elbadry stated that the existing lighting is not working but will be repaired and kept in the same location as it is. Ms. CHaides stated that the light must shine on the sign only. Ms. CHaides asked what the dimensions of the sign are. Mr. Elbadry stated that the sign is a 3 x 5 freestanding sign. Resolution #38-15PB 54 West Main Street/El Basha Mediterranean Eatery Sign Application On a motion made by Charles Criss, seconded by Steven VanDyke, the following resolution was ADOPTED 5 AYES 0 NAYS WHEREAS, the Planning Board made the following findings of fact: 1. A sign application was received on October 21, 2015, by the Secretary of the Planning Board for a 3 x 5 freestanding sign at 54 West Main Street. 2. It is the intent of the applicant to advertise El Basha Mediterranean Eatery. 3. The signs shall be as illustrated in plans received October 21, NOW, THEREFORE BE IT RESOLVED that the application of Sam Elbadry, for a freestanding sign at 54 West Main Street, received by the Planning Board October , BE APPROVED WITH THE FOLLOWING CONDITIONS: 1. That the sign receive a Certificate of Appropriateness from the Architectural Preservation Review Board (APRB) prior to installation.

4 Resolution #15-15APRB Architectural Preservation Review Board 54 West Main Street/El Basha Mediterranean Eatery Certificate of Appropriateness for Sign On a motion made by Peter Kowal, seconded by Charles Criss, the following resolution was ADOPTED 5 AYES 0 NAYS WHEREAS, the Architectural Preservation Review Board made the following findings of fact: 1. A Certificate of Appropriateness application was received on October 21, 2015, by the Secretary of the Planning Board for a freestanding sign at 54 West Street. 2. The sign will be Silver Quilt, Black Mica and Drum Beat from the approved Devoe Historical color palette. NOW, THEREFORE BE IT RESOLVED that the application of Sam Elbadry for a sign at 54 West Main Street, received by the Planning Board October 21, 2015, BE APPROVED AND, BE IT FURTHER, RESOLVED, that the Planning Board Secretary distribute the appropriate standard conditions with the Planning Board s approval letter. 274 W. Main Street Site Plan Modification Ms. CHaides stated that this is a continuation of the site plan and that there will be a Public Hearing and then the case will be sent down to the Ontario County Planning Board because it is on State Highway. Ms. Gretchen Collins stated that she is representing Dr. Chute. Chairperson CHaides read the legal notice into the record: A public hearing will be held before the Village of Victor Planning Board on Wednesday, November 18, 2015, at 7:00 p.m., in the Village Hall, 60 East Main Street, Victor, New York, to consider: 1.) The application of Richard Chute, for a site plan modification to install a two-level 1,000 sf footprint addition to the existing building at 274 West Main Street. The property is situated in the Business District. Ms. CHaides opened the Public Hearing Rhonda Bailey/Mobile Graphics 276 West Main Street

5 Ms. Bailey stated that Mobile Graphics has shared a driveway with Dr. Chute for a number of years. Ms. Bailey stated that she recently spoke to Dr. Chute regarding a flower box with a utility pole in it near the road on his property that is difficult to see around and asked him if he could remove it or make it smaller. Ms. Bailey stated that Dr. Chute has agreed to use the same snow removal contractor as she uses. Chris Bailey/Mobile Graphics 276 West Main Street Mr. Bailey stated that there is a parking space on the far left front is of concern if a larger vehicle parks there it is difficult to pass through which causes a safety concern. Ms. CHaides stated that DPW Director John Turner will help with site lines to make a safer traffic pattern. Ms. Collins stated that the Bailey s concerns will be addressed by Dr. Chute. 0 persons spoke in favor of the application and 2 persons spoke against the application. Ms. CHaides closed the Public Hearing Ms. CHaides stated that the case will be sent to the Ontario County Planning Board because it is on a State road and that SEQR and Final approval will be addressed at the December meeting. 5 Kent Drive/Karen & Dan Lynch Site Plan Modification Review Ms. CHaides stated that this is a continuation of the site plan modification and that there will be a Public Hearing. Chairperson CHaides read the legal notice into the record: A public hearing will be held before the Village of Victor Planning Board on Wednesday, November 18, 2015, at 7:00 p.m., in the Village Hall, 60 East Main Street, Victor, New York, to consider: 1.) The application of Karen Lynch, for a site plan to construct 4 single family homes that conform to Village Building Codes on the open lots near the existing house at 5 Kent Drive. The property is situated in the R-2 District. Ms. CHaides opened the Public Hearing Linda Sampson 20 Kent Drive Ms. Sampson stated that since the Lynch s have moved into the neighborhood they have turned the church into a beautiful home. Ms. Sampson stated that the Lynch s are kind to everybody and that they really want to make the property that they have into

6 homes for others to enjoy the neighborhood. Ms. Sampson stated that she would like to see the Lynch s make the property into nice homes for others. Audrey Llano 4 Kent Drive Ms. Llano stated that the Lynch s are great neighbors and that they are considerate and accommodating. Ms. Llano stated that she knows that if she had any concerns that she could speak to the Lynch s and they would remedy it. Ms. Llano stated that the Lynch s make good neighbors and are an asset to the neighborhood. Jeffery Smithe 15 Lynaugh Road Mr. Smithe stated that he has a problem with the easement in the back yard because the sewer was never completed. Mr. Smith explained that the sewer was started in 1969 and that it ends in his far left back yard. Mr. Smithe stated that it is an evasive easement because of a 70 ft. willow tree and barn in his back yard. Mr. Smithe stated that he could probably work something out with the Lynch s. Mr. Lynch stated that he plans to go around Mr. Smithe s Mother s property at 15 Lynaugh Road. Mr. Lynch explained that Mrs. Pink of 11 Kent has allowed the easement through her yard so Mr. Smithe s willow tree will be avoided. Ms. CHaides asked Mr. Smithe if he is objecting that Mr. Lynch go around his tree. Mr. Smithe stated that he is not objecting whatsoever but that he could have worked something out. Mr. Lynch stated that due to the difficulty that Mr. Smithe presented makes the new plan for the easement more cost effective and reasonable to take the path around the willow tree. Ms. CHaides stated that going around the willow tree may still be problematic as the roots of the tree may grow into the drain system. Mr. Lynch stated that he understands but would rather not take trees down. 2 persons spoke in favor of the application and 1 person spoke against the application. Ms. CHaides closed the Public Hearing Mr. & Mrs. Lynch stated that they are happy to be before the Planning Board for the 4 th time trying to tie up the loose ends. Mr. Lynch stated that the site Engineer Don Lewis has originated most of the discussion with the Ontario County Planning Board, the Department of Environmental Conservation, Village offices and Chatfield Engineers. Mr. Lynch stated that there is written confirmation that they have complied with all concerns. Ms. CHaides stated that the comments between Mr. Lewis and the other agencies have been going on but that the Planning Board has not been part of the conversation.

7 Mr. Lynch stated that he met with Mr. McAdoo and Ms. Kinsella at the Town to make sure that everything needed was done and they indicated that if the board was to approve the plan that it would be contingent upon receipt of those documents. Ms. CHaides stated that she has the referral from the Ontario County Planning Department but that she does not have anything from the DEC. Mr. Lynch stated that the correspondence is happening now and that he was told that the plan could be approved contingent on receiving this information later. Mr. Don Lewis stated that he received comments from the DEC and has addressed the comments. He stated that all of the comments were notations in nature and that they have been addressed. Mr. Lewis stated that he will provide the comments to the Planning Board. Ms. CHaides stated that she received an from JP Schepp of Chatfield Engineers regarding the SEQR stating I have reviewed the SEAF. I do not see anything on Part 2 that would be considered a moderate to large impact. But that s subjective and a decision that needs to be made by the Planning Board, as Lead Agency. The Planning Board went over Part 2 of the Impact Assessment on the SEQR short form Resolution #39-15PB 5 Kent Drive/Karen & Dan Lynch State Environmental Quality Review (SEQR)/Negative Declaration, Minor Subdivision On a motion made Peter Kowal, seconded by Charles Criss, the following resolution was ADOPTED 5 AYES 0 NAYS WHEREAS, the Village of Victor Planning Board reviewed the Unlisted Action on November 18, 2015 and identified no significant impact; and, WHEREAS, the Planning Board made the following finding of facts: An application was received on September 1, 2015 by the Planning Clerk for a Minor Subdivision, to construct 4 single family homes that conform to Village building codes, entitled Karen Lynch Subdivision, located at 5 Kent Drive; and, Application was reviewed at the November 18, 2015 Planning Board Meeting; and, The Karen Lynch Subdivision, Minor Subdivision, was deemed to be an Unlisted Action pursuant to Section 8 of the New York State Environmental Quality Act requirements and a Short Environmental Assessment Form was prepared; and, The Planning Board, as lead agency, found that no significant impact to the environment as a result of the action and directed that a negative declaration be prepared; and,

8 NOW THEREFORE BE IT RESOLVED, that the project, Karen Lunch Subdivision, Minor Subdivision, to construct 4 single family homes that conform to Village building codes, has no significant impact on the environment and that a negative declaration is prepared. Resolution #40-15PB 5 Kent Drive/Karen & Dan Lynch Site Plan Modification-Final On a motion made by Charles Criss, seconded by Steven Van Dyke, the following resolution was ADOPTED 5 AYES 0 NAYS WHEREAS, the Planning Board made the following findings of fact: 1. An application was received October 7, 2015 by the Secretary of the Planning Board for a site plan modification at 5 Kent Drive. 2. The applicant proposes to create a subdivision. 3. The applicant presented to the Planning Board a rendering of the proposed site plan modification concept. Rendering is now on file. NOW, THEREFORE BE IT RESOLVED that the application of Karen Lynch, Final Site Plan Modification for 5 Kent Drive, dated October 7, 2015 BE APPROVED WITH THE FOLLOWING CONDITIONS: DEC approval must be obtained. All undocumented remarks, plans and language dealing with easements must be satisfied with Attorneys. Letter of credit must be obtained. AND, BE IT FURTHER, RESOLVED, that the Planning Board Secretary distribute the appropriate standard conditions with the Planning Board s approval letter. MEMBER REPORTS Discussion amongst Board regarding traffic & parking requirements ADJOURNMENT Meeting adjourned on a motion at 8:26 PM Roseanne Turner-Adams, Planning Clerk