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					Ontario County Planning Board
Draft Minutes for September 12, Introduction General Procedures Legal Obligations for Referring Agencies 2007 2 2 2

Staff Summaries & Board Action Note: The page numbers listed below refer to the applicable board action. App # 178-07 184-07 188-07 195-07 196-07 197-07 198-07 203-07 204-07 205-07 206-07 207-07 208-07 209-07 212-07 214-07 Municipality City of Canandaigua Town of Victor Town of Victor Town of Canandaigua Town of Canandaigua Town of Canandaigua Town of Canandaigua Town of Manchester Town of Manchester Town of Gorham Town of Farmington Town of Farmington Town of Farmington Town of Geneva City of Geneva Town of Seneca Applicant 1093 Group LLC Wilmorite Management Corp Wilmorite Management Corp Robert Morris Martin Fredrickson Martin Fredrickson Martin Fredrickson Thomas Neslund Thomas Neslund Gorham Town Board Farmington Town Board Farmington Town Board Farmington Town Board Robert Helstrom Costich Engineering Chrisanntha Construction Application Type Site Plan Site Plan Area Variance Subdivision Special Use Permit Site Plan Site Plan Special Use Permit Site Plan Text Amendment Text Amendment Text Amendment Text Amendment Use Variance Site Plan Site Plan Page # 8 13 13 4, 5 9 9 4, 5 6 6 11 4, 5 10 10 4, 5 4 12

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Ontario County Planning Board – Draft Minutes – September 12, 2007

- Introduction This document will serve as both the draft minutes for the Ontario County Planning Board and as the Official Notice of Findings and Decision for the applications heard by the CPB. It can also be viewed at the Ontario County Planning Department Website: http://www.co.ontario.ny.us/planning/cpbsch.htm

- General Procedures The Ontario County Planning Board meets once each month to review referred local actions for intermunicipal and countywide impacts. They are separated into two categories: Class 1 & Class 2. Class 1’s are applications that the CPB has formally decided have little potential intermunicipal or countywide impact. The CPB will identify such an impact for Class 2 applications before voting to approve, modify or deny.

- Legal Obligations for Referring Agencies Class 1
If an application has been returned to the referring agency as a Class I, then the only requirement is that they consider any Board comments forwarded to them by the CPB. Referring agencies are asked to read any Board Comments into the minutes of a meeting or hearing held for the subject application.

Class 2
If the CPB has voted to deny or modify a referred application then the local board needs a majority plus one vote of their full board to act contrary to that decision. CPB approvals without modification require no extraordinary local action. However, in all cases, the referring agency is still required to consider CPB comments as they would for Class 1 applications.

- Incomplete Applications If an application has been determined to be incomplete, the referring agency cannot take action until the application is resubmitted with the required information and acted on by the CPB. Whenever practical, a determination of completeness is made after consulting with the submitting official or the chairs of referring agencies. NYS General Municipal Law, Article 12-b Section 239-m (c)

- Reporting back to the CPB “Report of final action. Within thirty days after final action, the referring body shall file a report of the final action it has taken with the county planning agency or regional planning council. A referring body which acts contrary to a recommendation of modification or disapproval of a proposed action shall set forth the reasons for the contrary action in such report.” NYS General Municipal Law, Article 12-b Section 239-m, Part 6.

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Ontario County Planning Board – Draft Minutes – September 12, 2007 County Planning Board Members Cities: Canandaigua - John Thompson* Towns: Bristol Canandaigua Farmington Gorham Manchester Phelps Seneca Victor

Geneva - Mary Bogin* - Stephen Groet* - Allan Saxby* - Alan Deuel* - Vacant - Terrence Hopper* - Bruce Campbell* - Peter Osborne* - Richard DelVecchio, Vice Chair*

- Grace Simonds Canadice - Mary Prince East Bloomfield - Meg Godly Geneva - George McCadden Hopewell - Jaylene Folkins, Chair* Naples - Glen Wilkes* Richmond - Clifford Kunes* South Bristol - John Palomaki* West Bloomfield

Names in bold are members that also serve on a local Planning Board or ZBA. * Indicates attendance at the full Board meeting Ex-Officio Members Present Kris Hughes - Ontario County Planning Department Tim Jensen - Ontario County Planning Department Maria Rudzinski - Ontario County Planning Department Guests Doug Eldred Frank Spiotta Anthony Palumbo Kevin Bragg Jim Allen Cate Blakemore

The meeting was convened at 7:30pm with 13 members present. Actions described below are not necessarily listed in order of occurrence.

Class 1’s
212 - 2007
Type: Applicant: Property Owner: Brief Description: City of Geneva Zoning Board of Appeals Class: 1 Site Plan Costich Engineering Hobart & William Smith Colleges Construction of 51 student housing units on the William Smith campus Location: North side of St Clair St, 2,000’ east of White Springs Rd

Staff Summary: Public water and sewer are available. The driveway and parking off St Clair St will be modified to create the development area just west of the three existing student housing buildings. No traffic information was submitted. The building will have a 7,640sf footprint. It’s unclear what if any arrangements have been made to for parking, though the applicant maintains that “existing parking is believed to be adequate..”. Sidewalks will be provided. Since 0.98ac will be disturbed the applicant has not submitted a drainage plan or applied for a SPDES permit from the NYSDEC.

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Ontario County Planning Board – Draft Minutes – September 12, 2007 At the CRC meeting the issue of the 0.98ac of disturbance was raised. The applicant stated that he was not aware that the specified areas was so close to 1ac. He agreed to verify exactly how much acreage was to be disturbed. He indicated that if it was 0.98ac a more complete drainage analysis would be completed. The parking issue was raised. Applicant seemed to believe that the existing parking would be adequate to meet to increased need. Board Comments: 1. Where will the additional residents park? Air photos of the site show the lot being completely full. 2. The City and applicant should verify exactly how much are is to be disturbed. If the intent is to disturb only 0.98ac then that area should be clearly designated and inspections should be done to ensure adherence to that plan. 3. The City and applicant should discuss the long term overall plan for the campus and to the extent practical address the environmental impact from development of the entire site. Citing a lack of potential countywide or intermunicipal impact, Mary Bogin made a motion that was seconded by Bruce Campbell to abstain from making a formal recommendation on application 21207 and send all comments to the referring agency for their consideration. The motion passed by a unanimous vote (13 ).

195 - 2007
Type: Applicant: Property Owner: Brief Description: Location:

Town of Canandaigua Planning Board Class: 1 Subdivision Robert Morris Realty Group 1802 Creating three conforming lots from a 8.25ac commercially zoned lot (1802 State Rt 332) Southwest corner of State Rt 332 & Canandaigua Farmington Town Line Rd

Staff Summary: This is a resubdivision of property created earlier this year. Lot one (2.5ac) will have access to both State Rt 332 and Canandaigua Farmington Town Line Rd and will accommodate a 27,000sf commercial building and parking area (Bob James). No additional development is proposed. Lot 2 will be 3.7ac and have frontage on both roads. Lot 3 will be 2.04ac and will have access only to Canandaigua Farmington Town Line Rd. Lots 2 and 3 are vacant with proposed curb cuts onto Canandaigua Farmington Town Line Rd. Public water is available. All lots are zoned CC (Community Commercial) and there are no wetlands or flood plains mapped for this site. Board Comments: 1. The Town and applicant are encouraged discuss options for providing cross access between parcels. Citing a lack of potential countywide or intermunicipal impact, Terrence Hopper made a motion that was seconded by John Thompson to abstain from making a formal recommendation on the following applications and send all comments to the referring agency for their consideration: 195-07, 198-07,

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Ontario County Planning Board – Draft Minutes – September 12, 2007 206-07, & 209-07 The motion passed by a unanimous vote (13 ).

198 - 2007
Type: Related Referrals: Applicant: Property Owner: Brief Description: Location:

Town of Canandaigua Planning Board Site Plan (for sign placement) 196-07 & 197-07 Martin Fredrickson Jeffrey DiFulvio Installation of conforming signs (Nu Look Collision) West side of State Rt 332, 1,100’ north of North Rd.

Class: 1

Staff Summary: The sign will comply with local dimensional requirements. Town of Farmington Town Board Type: Text Amendment Applicant: Farmington Town Board Brief Description: Amendment to allow local enforcement of NYS Building Code

206 - 2007

Class: 1

Staff Summary: The amendment is correcting a reference to NYS law. It also provides new standards for measuring setbacks for corner lots.

209 - 2007
Type: Applicant: Brief Description: Location:

Town of Geneva Board of Appeals Class: 1 Use Variance Robert Helstrom Construction of a 1,800sf building for storage of construction equipment in a residential zone. Southeast corner of State Rt 14 and Whites Point

Staff Summary: The property is zoned R-2 (single family residential). Public water and on site septic are available. The proposed building would house construction equipment for a business on the site. Applicant maintains that the building should be allowed because the use is pre-existing and non-conforming. No area variances will be needed. The property is classified by the town assessor as residential with improvements. Board Comments: 1. Town should be careful to apply the 4 step test required by NYS enabling legislation. 2. Although the site has a history of commercial uses, there is little to show the current construction business qualifies as a pre-existing non-conforming use. 3. In addition not enough information has been provided in this referral to justify granting a use variance. 4. The information submitted shows that a use variance really isn’t the proper means to allow this use to continue or expand. If the Town wants to accommodate this use in this location then a change in local law may be warranted.

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Ontario County Planning Board – Draft Minutes – September 12, 2007

203 - 2007
Type: Related Referrals: Applicant: Property Owner: Representative: Brief Description: Location:

Town of Manchester Planning Board Class: 1 Special Use Permit 204-07 Thomas Neslund Adventist Historic Properties Crawford & Stearns Construction of a 2,000sf home and barn to be used as a visitors center (Adventist Church) East side of Field St, 600’ north of County Road 27

Staff Summary: 1.17acres will be disturbed. On site septic and a private well will be needed. A two story single family structure will be built and used as a visitors center. 8 parking spaces and a bus turnaround are planned. An existing curb cut onto Field St will be improved to provide access. Application has been made to both NYSDEC and the US Army Corps of Engineers to locate the turnaround within 100’ of a NYS DEC and federally regulated wetland. Board Comments: 1. If more than 1acre is to be disturbed then the applicant should be working with NYSDEC and the Town to ensure this development complies with current standards for storm water management and erosion control. Citing a lack of potential countywide or intermunicipal impact, John Thompson made a motion that was seconded by Bruce Campbell to abstain from making a formal recommendation on application s 203-07 & 204-07 and send all comments to the referring agency for their consideration. The motion passed by a unanimous vote (13).

204 - 2007
Type: Related Referrals: Applicant: Property Owner: Representative: Brief Description: Location:

Town of Manchester Planning Board Class: 1 Site Plan 203-07 Thomas Neslund Adventist Historic Properties Crawford & Stearns Construction of a 2,000sf home and barn to be used as a visitors center (Adventist Church) East side of Field St, 600’ north of County Road 27

Staff Summary: Refer to application 203-07, above

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Ontario County Planning Board – Draft Minutes – September 12, 2007

Class 2’s
178 - 2007
Type: Applicant: Property Owner: Brief Description: Location: City of Canandaigua Planning Commission Class: 2 Site Plan 1093 Group LLC Vino & Patwa, LLC Demolition of existing two story hotel (Econo Lodge) and construction of a 14,673sf pharmacy with drive through. North side of Route 5 and 20 at the intersection with Muar Street

Staff Summary: The existing hotel and a portion of the parking area will be removed and replaced with a single building and parking on the western 2/3 of the lot. The facility will have two drive through lanes. Site access will remain the same. Applicant indicates that the development will generate 125 new trips during the week day peak hour and 115 trips during the Saturday peak hour. The daily total is 1,290 trips. The also indicates that this will be an increase from what is generated by the existing motel. Without citing specific LOS impacts the applicant asserts that “The redevelopment of the site would not appear to create any new traffic operational issues”. Although queuing distance between the access road and Route 5 and 20 was identified as an area of concern. The east third of the lot is designated as an area for future development, though a portion of that will be used for storm water detention. A storm water pollution prevention plan is being prepared in consultation with the City and NYSDEC. Because this is a redevelopment there was some question regarding how much of the overall runoff was to be treated. It appears that the pond will now collect and treat runoff from about 1.77acres, of which 1.71 are impervious. This includes the area slated for future development. The amount of area that drains to the roadside ditch along Route 5 and 20 will be reduced No variances are needed. Public water and sewer are available. Board Comments for September 2007 1. The intersection with the access for this site, the private access road and Route 5 and 20 should be scrutinized to see what can be done to improve traffic flow. 2. The CPB wishes to reiterate the need for cooperation between the Town and City of Canandaigua and affected businesses to find a way to ensure that the private access road is properly maintained. It is clear that the current arrangement does not provide for proper maintenance. The City is asked to seriously consider other options including taking over the road and bringing it up to City standards. 3. What will happen with the remaining land? The City and applicant are strongly encouraged to factor full development of the site into the traffic analysis. 4. Given recent trends, the City may want to develop a longer term plan for redevelopment of the other properties along the length of this road. 5. Signs for the proposed business should comply with local requirements. 6. Lighting should be comply with “dark skies” standards. Findings 1. Commercial development over 10,000sf is considered by this Board to have intermunicipal impacts related to drainage, traffic, public safety, and community character. -7-

Ontario County Planning Board – Draft Minutes – September 12, 2007 2. The drainage plan appears to factor in development of the entire site in compliance with NYSDEC requirements for storm water and erosion control. 3. The preliminary traffic information indicates that there will be an increase in peak and daily trips. 4. The applicant asserts that there will be minimal impact to the surrounding road network. 5. The applicant has addressed remaining site plan related issues to the satisfaction of this Board. Based on the above findings, Terrence Hopper made a motion that was seconded by Cliff Kunes to forward a recommendation of approval and all Board comments to the referring agency for application 178-07. The motion passed by a unanimous vote (13) Town of Canandaigua Planning Board Class: 2 Type: Special Use Permit Related Referrals: 197-07 & 198-07 Applicant: Martin Fredrickson Property Owner: Jeffrey DiFulvio Brief Description: Site clearance and construction of a 10,000sf collision shop (Nu-Look Collision) Location: West side of State Rt 332, 1,100’ north of North Rd. Staff Summary: The proposed use is the same as current and is allowed in the CC (commercial) zoning district. Public water and sewer are available. The site will be cleared to make way for a 10,000sf structure to be placed in the same location as the existing body shop. 14 parking spaces will also be provided. Site access, a single curb cut onto State Rt 332, will remain the same. No drainage report was completed. 0.99ac of the lot will be disturbed initially. A total of 1.2ac will have been disturbed once 8 additional parking spaces are installed. Board Comments: 1. Delaying construction of the 8 parking spaces behind the building to bring the initial area of disturbance down to 0.99ac of site disturbance segments the project and undermines the intent of the 1ac threshold for compliance with SPDES requirements. This application represents more than 1ac of disturbance. NYSDEC requirements for storm water management and erosion control should apply accordingly. 2. Should the Town decide otherwise, at a minimum the area to be disturbed should be carefully defined and inspections made to ensure it does not exceed one acre. 3. The Town and applicant should discuss the utility of and options for providing cross access between adjacent parcels Findings 1. The site is currently used for auto body repair. 2. The applicant will clear the existing buildings and construct a 10,000sf structure to be used for auto body repair. 3. Commercial development over 10,000sf is considered by this Board to have intermunicipal impacts related to drainage, traffic, public safety, and community character. 4. Protection of water quality through proper storm water management and erosion control is an intermunicipal and countywide issue. -8-

196 - 2007

Ontario County Planning Board – Draft Minutes – September 12, 2007 5. The application does not include a storm water management report or any indication that application has been made for a SPDES permit. 6. The application states the .99ac will be disturbed as part of the first phase of this project. 7. 8 additional parking spaces are also proposed for a future phase. 8. The total amount of land area to be disturbed in both phases is 1.2ac 9. The minimum threshold for activities that require a SPDES permit to address storm water and erosion control is 1ac. 10. Excluding storm water and erosion control, the applicant has addressed site plan related issues to the satisfaction of this Board. Based on the above findings Terrence Hopper made a motion that was seconded by Mary Bogin to forward a recommendation of approval with modification and all Board comments to the referring agency for applications 196-07 & 197-07. Modification: Disturbance from both the initial construction and the additional parking will be considered as one development and requirements for management of storm water and erosion control will be applied accordingly. The motion passed by a unanimous vote (13)

197 - 2007
Type: Related Referrals: Applicant: Property Owner: Brief Description: Location:

Town of Canandaigua Planning Board Class: 2 Site Plan 196-07 & 198-07 Martin Fredrickson Jeffrey DiFulvio Site clearance and construction of a 10,000sf collision shop (Nu-Look Collision) West side of State Rt 332, 1,100’ north of North Rd.

Staff Summary: refer to application 196-07, above Town of Farmington Town Board Type: Text Amendment Applicant: Farmington Town Board Brief Description: Amendment related to storm water and erosion control.

207 - 2007

Class: 2

Staff Summary: The law incorporates the standards and requirements now part of the NYS DEC State Pollution Discharge Effluent System (SPDES) permitting process, into local review of development. The threshold for what requires a Storm Water Pollution Prevention Plan (SWPP) is 1ac of land disturbance. The standards also address maintenance, inspection and repair of storm water facilities. This includes a requirement that an applicant or developer or their representative be on site during construction to document the effectiveness of erosion and sediment control measures. Findings 1. The text amendments proposed in referrals 207-07 and 208-07 are both intended to protect water quality in compliance with current State and Federal requirements for MS4’s 2. Protection of water quality is an intermunicipal and countywide issue.

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Ontario County Planning Board – Draft Minutes – September 12, 2007 Based on the above findings Glen Wilkes made a motion that was seconded by Clifford Kunes to forward a recommendation of approval to the referring agency for applications 207-07 & 208-07. The motion passed by a unanimous vote (13) Town of Farmington Town Board Type: Text Amendment Applicant: Farmington Town Board Brief Description: Local law addressing discharges into the public storm sewers

208 - 2007

Class: 2

Staff Summary: The law prohibits illicit connections and discharges into the towns storm sewers system. This includes flows from failing on site septic systems. With a few exceptions only rainwater, surface runoff, snowmelt and drainage can be discharged into public storm sewer. Preexisting non-conforming connections are also prohibited. There is a section on the use of best management practices (BMP’s) to prevent illicit or accidental discharges. In this case a “BMP” is any program practice, structure, etc, that decreases the risk of potential illicit discharges. No predefined set of BMP’s is referenced except that discharges permitted under a valid SPDES permit (NYSDEC permit) are exempted from this law. Town of Gorham Town Board Class: 2 Type: Text Amendment Applicant: Gorham Town Board Brief Description: Changes addressing lakefront residential and hamlet commercial development. Staff Summary: The Town has defined “seasonal residence’ including a determination that such structures are not “designed nor intended to be occupied as permanent residences. They have also established new setback and lot coverage requirements for all uses in the Lakefront Overlay District. 750sf is the proposed minimum habitable floor area for single family residences in the LFO. Non conforming buildings and lots are also addressed. In some instances on pre-existing nonconforming lots, a seasonal residence of not less than 400sf may be constructed. Additional standards for tear down and re-builds on non-conforming lots address reducing impervious area and managing roof runoff. The lakefront portion of lots split by a ROW can have a maximum of 50% lot coverage The Hamlet Commercial dimensional requirements encourage high density development. There are no minimum lot sizes or dimensions. The are no front and side setback requirements. Maximum lot coverage is 80%. All new buildings, expansions and uses require site plan review. Board Comments: 1. The Town is commended for taking this step to establish reasonable standards for redevelopment of lakefront lots in a way that directly addresses the incremental negative impacts to water quality. Findings 1. The proposed local law addresses redevelopment of lakefront lots.

205 - 2007

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Ontario County Planning Board – Draft Minutes – September 12, 2007 2. The local law offers options to developers that encourage minimizing impervious cover as well as treatment of runoff from lakefront residential lots. 3. The CPB has identified improper lakefront development as a significant intermunicipal and countywide issue as it impacts water quality. Based on the above findings Mary Bogin made a motion that was seconded by Richard DelVecchio to forward a recommendation of approval and all Board comments to the referring agency for application 205-07.

214 - 2007
Type: Applicant: Property Owner: Brief Description:

Town of Seneca Planning Board

Class: 2

Site Plan Chrisanntha Construction Doria Scortichini Construction of a 6,674sf medical office building with plans for up to 5,000sf of expansion (1160 Route 5 & 20) Location: North of Route 5 and 20, 1,700’ east of Yagel Rd

Staff Summary: The site currently accommodates a 2 story cobblestone structure and garage. The garage will be removed. The proposed construction will occur in the southeast corner of the 12ac lot. Access will be via a single curb cut onto Route 5 and 20. 34 parking spaces will be provided. Plans are shown for two additional expansions of 2,500sf each and 26 parking spaces. Public water is available. The applicant has submitted detailed design specifications for the on site septic including possible future expansions. On site drainage will be directed to a storm water management area along the east side of the property that will outlet into a ditch along route 5 and 20, This will result in a significant decrease in existing off site flows. Applicant contends the drainage plan it complies with NYSDEC specifications. There are no wetlands in the immediate area. At the CRC meeting Maria Rudzinski and Kris Hughes both addressed the issues of impact to the existing structure on the site. Known as the Gracie Mansion, it has been listed on the national register of historic sites. The primary concern was over removal of the existing garage, the location and scale of the proposed new construction and its potential impact on the historic character of the lot and building. It was also mentioned that a sewer line will be run by the front of this property within a year or so, which will enhance options for development of the lot. The concept of whole parcel planning was discussed as well. Staff circulated a draft set of comments to the members in attendance. Board Comments: 1. The CPB shares the Towns interest in protecting the appearance and character of the Route 5 and 20 corridor. 2. The applicant is commended and thanked for her efforts to preserve this important historic structure. 3. Whole parcel planning would allow the Town to gain a better understanding of how to best lay out this first phase of development, and explore options to minimize the impact to the Gracie Mansion and surrounding land. Sketching in required setbacks, buildings and parking areas that approximate the allowed coverage for the entire lot can give a good idea of how initial phases should be laid out to maximize use of the lot. This will also provide for informed discussion of - 11 -

Ontario County Planning Board – Draft Minutes – September 12, 2007 needed drainage (size, location, etc), access green space, etc. 4. A long term plan for this lot should also factor in the impending installation of the public sewer along Route 5 and 20. For example, since sewer is expected to be available within 2 years, can a smaller (and much less expensive) on site system be approved? This would open options to site the building further back and allow the Gracie Mansion to remain as the prominent feature on the lot . Findings 1. The development is accessed by a single curb cut onto Route 5 and 20. 2. The lot currently accommodates a house and garage that are listed on the National Historic Register. 3. The proposal includes removal of the garage. 4. The proposed building is 6,674sf with preliminary approvals for an additional 5,000sf 5. 34 parking spaces with preliminary approval for 26 more have been proposed. 6. The applicant has submitted an application to NYSDOT for the curb cut but has not received a response. 7. It is the position of this Board that the applicant and reviewing agencies would benefit from additional time to consider issues such as protection of the historic setting and structures, whole parcel planning, and traffic. Based on the above findings, Mary Bogin made a motion that was seconded by Glen Wilkes to have the Chair request an extension of the normal thirty day review period for application 214-07 to allow the CPB to make it’s formal recommendation at their October meeting and to send all preliminary comments to the referring for their consideration. Cliff Kunes abstained from voting The motion passed by unanimous vote (12)

184 - 2007
Type: Related Referrals: Applicant: Property Owner: Brief Description:

Town of Victor Planning Board

Class: 2

Site Plan 188-07 Wilmorite Management Corp Macerich Co. Construction of a 30,000 freestanding commercial building at the site of the former Jo-Mor Theater. Location: Southwest third of the Eastview Mall development.

Staff Summary: Half of the building will be over a lawn area and the other half will occupy a parking area currently used by Raymour and Flanigan. Access to the parking are will be modified to align with the access to the movie theatre to the west. The applicant is for a variance to allow 34.6% green space when 35% is required. In August the CPB declined to make a recommendation on the applications citing the lack of traffic information. Since then an updated traffic assessment has been submitted. The applicant estimates the facility will generate an additional 113 trips during the weekday peak hour. The applicant predicts that, with mitigation to be completed as part of the High Point Business Park development,

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Ontario County Planning Board – Draft Minutes – September 12, 2007 the additional trips from the 30,000 building will have a minimal impact on affected intersections. At the CRC meeting, there was extended discussion regarding options for minimizing the green space variance. Peter Vars described a plan to reduce the number of parking spaces to allow installation of landscaped islands elsewhere in the Mall parking lot. Peter Vars also confirmed that the traffic mitigation proposed as part of the High Point project will be installed before this building opens for business (October 2008). Findings 1. Development of Eastview Mall is an intermunicipal and countywide issue as it impacts the County economy, traffic, and community character. 2. The project involves development over a portion of the mall that once accommodated a movie theater. 3. The applicant has submitted updated information related to traffic. 4. It indicates that, with mitigation to be completed as part of the High Point Business Park, all studied intersections and turning movements will function at acceptable levels. 5. The applicant is requesting a 0.4% variance from the 35% green space requirement. 6. The applicant has described options for minimizing the variance by converting existing parking spaces to landscaped islands. 7. The number of remaining parking spaces will comply with local requirements. Based on the above findings Clifford Kunes made a motion that was seconded by Bruce Campbell to forward a recommendation of approval and all Board comments to the referring agency for applications 184-07 and 188-07. The motion passed by a unanimous vote.

188-2007

Town of Victor Zoning Board of Appeals Class: 2 Type: Area Variance Related Referrals: 184-07 Applicant: Wilmorite Management Corp Property Owner: Macerich Co. Brief Description: Construction of a 30,000 freestanding commercial building at the site of the former Jo-Mor Theater - variance from green space requirement. Location: Southwest third of the Eastview Mall development.

Staff Summary: Refer to application 184-07, above

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Ontario County Planning Board – Draft Minutes – September 12, 2007

Other Business
Regarding the August minutes two Board members asked if the recommendation to the City of Canandaigua regarding the proposed text amendment dealing with window signs was for denial rather than for an approval with modification. Staff agreed to review the recording and correct if needed. Noting that and additional corrections submitted by Stephen Groet in writing, Richard DelVecchio made a motion that was seconded by Clifford Kunes to accept the amended August 2007 CPB minutes as correct and final John Palomaki gave a brief description of a grant proposal he would be presenting to the Water Resources Council on Friday, September 14th. The $1,000 grant will fund production and distribution of a pamphlet on conserving water in the home. At 9:05pm a motion was made and seconded and the meeting was adjourned.

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