November 13, 2017 Planning Board Meeting Page 1164
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1 November 13, 2017 Planning Board Meeting Page 1164 Chairman Gene Bavis called the regular meeting of the Planning Board to order at 7:30 P.M. Planning Board Members present were Chairman Gene Bavis, Lou Villanova, Elaine Leasure, Karel Ambroz, and Alternate, Marlene Hall. Rick Johnson. Also present were Norm Druschel, Building Inspector; Phil Williamson, Code Enforcement Officer; and Michael Simon, Engineer for the Town (LaBella Engineering). Rick Johnson was absent. Chairman Bavis asked the Board if there was any discussion or corrections that needed to be made regarding the minutes of October 10, There were no issues brought forward. Elaine Leasure made a motion, seconded by Karel Ambroz, to accept the minutes of the October 10, 2017 meeting as written. All other members were in favor. Motion carried. Chairman Bavis began with the first Item on the Agenda: 1. Application of Walter Strassburg for Preliminary and Final Subdivision and Site Plan Approval for Two Parcel Subdivision located at 2080 Watson-Hulburt Road, Town of Walworth, and County of Wayne. Property is zoned R-Residential. (Public Hearing) Chairman Bavis opened the public meeting at 7:33PM. Chairman Bavis sought clarification that the site plan was for one parcel, specifically the parcel that crosses the County line. Phil Williamson, Code Enforcement Officer, said that the site plans were in fact for one that one parcel, which is shown as Parcel (Lot) 2 on the revised map. Chairman Bavis then asked if there was someone present to speak before the Board. Walter Strassburg, Applicant, was present. Mr. Strassburg stated that the revised plans that were submitted were prepared in accordance with the remaining commentary that was received from LaBella Engineering, specifically from Mike Simon, Engineer for the Town. Mr. Strassburg asked if after reviewing the revised plans there were any further concerns that needed to be addressed, or if it was sufficient for him to proceed. Chairman Bavis asked Mike Simon if he would like to comment on this. Mr. Simon stated that he has reviewed the revised plans, and also received correspondence from the Applicant and Hutchins Engineering. Mike said that all of his concerns have been addressed either on the plans themselves, or through the correspondence he received, and that he has prepared a Resolution for Final Approval for the Board s review. Chairman Bavis asked if the Town of Penfield has signed off on what they needed to, and both Mike Simon and Mr. Strassburg indicated that they have. Chairman Bavis then asked for verification that this was sent for referral to the County. Mike said that it had been sent to the County in July, and all the concerns the County raised at the time have since been addressed. Mike mentioned that the SEQR and Preliminary Approval have already been done. Phil Williamson, Code Enforcement Officer, reminded the Board that the County recommended the referral to be returned to the Town and handled as a local matter. Karel Ambroz asked Norm Druschel, Building Inspector if the West Walworth Fire Chief had a chance to look at the plans. Norm stated that the Chief looked at them, and did not provide the Town with any correspondence, comments, or concerns. Chairman Bavis asked if Penfield Fire Department had also looked at the plans, and Mr. Strassburg stated that they had, and did have some concerns, all of which were addressed and were incorporated on both the Penfield and Walworth sides of the driveway. Chairman Bavis asked if there were any comments from the public. There were no members of the public present, only Applicants. Karel Ambroz made a motion, seconded by Elaine Leasure, to close the public hearing. All members were in favor. Chairman Bavis closed the public hearing at 7:40pm. Elaine Leasure read the Resolution for Final Subdivision and Site Plan Approval for Applicant, Walter Strassburg. TOWN OF WALWORTH APPROVAL RESOLUTION 2080 Watson Hulbert Road QUAGLIATA (Strassburg) SUBDIVISION & SITE PLAN At a meeting of the Planning Board of the Town of Walworth held on the 13th day of November 2017, at the Town Hall in said Town, Board member Elaine Leasure moved adoption of the following resolution; Board member Karel Ambroz seconded the motion: RESOLVED, that the Planning Board of the Town of Walworth has reviewed the proposed action to subdivide the property at 2080 Watson Hulbert Road, Tax Account # , into two Parcels as shown on the Subdivision Map prepared by Parrone Engineering dated May 10, 2017, last revised September 29, 2017, and to construct a single family residence on Parcel (Lot) 2 of said map. Site plan design for the single family residence is shown on plans prepared by Hutchins Engineering last dated September 29, FURTHER RESOLVED, that the Planning Board has previously determined that the proposed action is an Unlisted Action as defined under SEQR and based on the information and supporting documentation provided by the applicant, the Board determined that the proposed action will not result in any significant environmental impacts.
2 November 13, 2017 Planning Board Meeting Page 1165 FURTHER RESOLVED, that the Planning Board hereby grants final approval for the Quagliata (Strassburg) Subdivision and Site Plan with the following conditions; 1. All approvals pertain only to the lands located in the Town of Walworth (not Penfield); 2. All Planning Board, town staff and consultant comments are fully addressed; 3. All required Agency approvals have been obtained and; 4. A copy of the filed map at the Wayne County Clerk s Office (liber and page) be provided to the Town Building office. Upon being put to a vote, the resolution was adopted: AYE 5 NAY 0_ STATE OF NEW YORK: COUNTY OF WAYNE: ss TOWN OF WALWORTH: I,, Town Clerk of the Town of Walworth, Wayne County, New York, DO HEREBY CERTIFY that I have compared the foregoing resolution duly adopted by the Planning Board of the Town of Walworth on the 13th day of November, 2017 with the original thereof now on file in my office, and the same is a correct and true copy of said resolution and of the whole thereof. DATED: 2017 (SEAL) Susie C. Jacobs, RMC, MMR, Town of Walworth Roll Vote: Chairman Bavis Marlene Hall Elaine Leasure Lou Villanova Karel Ambroz Norm Druschel, Building Inspector, asked Chairman Bavis about the Recreation Fee that is required for all new Residential Approvals. There was not a Recreation Requirement Script available for Ms. Leasure to read aloud. Elaine Leasure made a motion, seconded by Karel Ambroz, to amend the Resolution to incorporate that the required recreation fee be added as a condition that must be met in granting Final Subdivision and Site Plan Approval. All members were in favor. Roll Vote: Chairman Bavis Marlene Hall Elaine Leasure Lou Villanova Karel Ambroz Mr. Strassburg asked whether or not each Parcel would have its own Tax ID. Chairman Bavis indicated yes it would, and suggested Mr. Strassburg might want to approach the Assessor as a means of following up on that. Before moving on to the next item, Chairman Bavis stated that since he owns property adjacent to the next Applicant, he would be recusing himself from chairing the meeting and discussing this as a Board Member. The meeting was handed over to Vice Chair Elaine Leasure. Vice Chair Leasure moved forward with Item 2 on the Agenda: 2. Application of Dollar General for Final Site Plan Approval for 9100 SF +/- retail store located at 2080 Walworth-Penfield Road, Town of Walworth, and County of Wayne. Property is zoned B-Business. (Public Hearing) Vice Chair Leasure opened the public hearing at 7:45PM.
3 November 13, 2017 Planning Board Meeting Page 1166 Aaron Brooker was present to speak on behalf of Dollar General. Mr. Brooker stated that he received comments from LaBella Engineering, and those concerns have been addressed in the Final Site Plan. Mr. Brooker stated that he had a couple items he wanted to bring up, the first being about the concrete wheel stops. Mr. Brooker indicated that the sidewalk has been extended and now has a 6 inch curb, therefore, the wheel stops are no longer required, and when such is the case, Dollar General will refrain from putting them in. Vice Chair Leasure asked if that meant there would be no wheel stops on the entire property. Mr. Brooker said there would be some, but only in those places where there is no curb. Mr. Brooker also wanted to address LaBella s comment about site lighting. Mr. Brooker said that site lighting will come on a set period of time, which is generally at least one half hour but not more than one hour, before the store opens and closes. In some cases, it might be when the last employee leaves for the night. Mike Simon, Engineer for the Town, asked if there was any all- night security lighting. Mr. Brooker stated that there are two gooseneck lights on the side that will be on all night, and a couple interior exit lights that will turn on. Mike Simon wondered whether or not there would be enough room for pedestrian access, given that without the wheel stops, there is going to be car overhang. Mr. Brooker stated that he thought the sidewalk was five feet wide, and car overhang is typically one foot, allowing for four foot of space. Mr. Brooker also said that if those measurements were not accurate, adjustments would be made to ensure there is sufficient access for pedestrians. Karel Ambroz asked if there were going to be propane tanks on site. Mr. Brooker stated that he did not believe Dollar General sells propane, but if so, they will comply with the required bollards. Mr. Brooker said that was all he wanted to discuss, and the remainder of LaBella s comments were addressed by the Engineer, including the SWWP comments, and all the technical details will be sound on the Final plans that are to be signed by all required persons. Mr. Brooker also stated that the Right of Way will be noted on the Final plans as well. Mike Simon asked for clarification about the dumpster enclosure, so that the Board could be clear on what is being presented, and that it meets with what they are able to approve. Mr. Simon wants to make sure the enclosure is added to the plans as well. Mr. Brooker said the enclosure will be what is called a board on board enclosure, which consists of a six foot high privacy fence with a chain link front that has lattice woven through it so you cannot see the dumpster. Vice Chair Leasure asked if he could point out where that would be, and Karel Ambroz said that there is a good depiction of it on page C-502 of the most recent plans the Board members were given. Vice Chair Leasure then asked Mike Simon if he had anything further, and Mike asked about the site distance at the driveway entrance, wanting to make sure that Beardsley Engineering had added it to the plans. Mr. Brooker said that page C-102 of the plans show the layout of the driveway. Mike noted that it shows as 30MPH where it changes at the bottom of the hill. Mike also said that the plans show distance as at least 370 feet, which is well beyond the required distance of 200 feet. Mike went on to say the remainder of his concerns are technical in nature, and he is working with Jarod Heinl of Beardsley Engineer to resolve those issues. Mike said that the Storm Water Sewer prevention plan was revised as necessary, and while he continues to review updates he receives from Mr. Heinl, he does not see anything questionable at this time. Vice Chair Leasure asked if the Code Enforcement Officer and Building Inspector had any questions, and they did not. Vice Chair Leasure read portions of a letter from Wayne County, dated October 26, 2017 which follows: At its regular meeting on October 25,2017, the Wayne County Planning Board reviewed the above referenced referral and recommended approval of the Special Permit / Final Site Plan with the following comments: 1) the proposed driveway should have sight distances available that meet AASHTO (American Association of State Highway and Transportation Officials) recommendations (the board wanted to stress the importance of this item), 2) a driveway permit must be obtained from the Wayne County Highway Department for the proposed driveway, 3) proposed on-site traffic circulation, building area and associated parking area should be designed/developed in a manner that will provide safe interaction between those items as well as access to Walworth - Penfield Rd., 4) emergency service vehicle access should be provided for, Vice Chair Leasure noted that numbers 5 and 6 of the letter were standard issues, but wanted to end by reading aloud item #7 of the letter 7) the property owner(s) should be aware that portions of the parcel may contain (or be near) National and NYS Department of Environmental Conservation wetland area (approximate mapping for both available
4 November 13, 2017 Planning Board Meeting Page 1167 online at as well as FEMA flood zone area (mapping available online at and any planning/development should be done in accordance with applicable regulations. Vice Chair Leasure asked if the Board had any questions. Mr. Brooker stated that Dollar General is in touch with the Fire Marshall regarding the placement of a Knox box. Karel Ambroz asked Mr. Brooker to see him after the meeting to obtain the necessary paperwork for a Knox box, as he is the one who administers the Knox box for the district. Karel asked what is being done regarding tree removal and landscaping, and asked what Dollar General plans to do with the front of the building. Mr. Brooker, referencing page C-104 of the plans which is noted as Topography, said Dollar General will provide sod and irrigation at their sites, and will be planting ground vetch to help stabilize erosion. Mr. Brooker said due to the grading and elevation, they did not plan for many trees, and Dollar General does not want to put too many trees in, as they are concerned about getting too close to the right of way, and of blocking visibility of the store and traffic getting in and out. Karel Ambroz asked if they might consider planting an Oak or Hard Maple out front. Mr. Brooker stated that he is not opposed to that, and can certainly speak with Dollar General about a couple of trees on the west side, and one, perhaps two, in front. Mr. Brooker asked if there were any recommendations as to what type of tree might work best, and Karel Ambroz mentioned Oak or Bradford Pear. Vice Chair Leasure asked if there were any comments from the public. There were no members of the public present, only applicants. Karel Ambroz made a motion, seconded by Lou Villanova, to close the public hearing. All in favor. Vice Chair Leasure closed the public hearing at 8:15PM. Vice Chair Leasure said that Board Member, Marlene Hall, notified her that she had previously voted on a Zoning Variance for Dollar General, and because of that, was not able to vote on the Resolution for Final Site Plan Approval. Mike Simon stated that the Applicant did provide renderings for the Board to review, and he wanted to make sure those renderings are what is going in the official record of what Dollar General will be constructing. Karel Ambroz asked if that meant the brick exterior. Mr. Simon said yes. Mr. Brooker said along with that, a wainscot of the same material will be going along the sides of the building at a height of roughly four feet. Karel Ambroz read the Resolution for Final Site Plan Approval: TOWN OF WALWORTH FINAL APPROVAL RESOLUTION DOLLAR GENERAL SITE PLAN 2080 WALWORTH-PENFIELD ROAD At a meeting of the Planning Board of the Town of Walworth held on the 13th day of November 2017, at the Town Hall in said Town, Board member Karel Ambroz moved adoption of the following resolution; Board member Lou Villanova seconded the motion: RESOLVED, that the Planning Board of the Town of Walworth has reviewed the proposed action to construct a 9,100+/- SF Dollar General retail store, Tax Account # , as shown plans prepared by Beardsley Architects & Engineers dated November 6, FURTHER RESOLVED, that the Planning Board has determined that the proposed action is an Unlisted Action as defined under SEQR and based on the information and supporting documentation provided by the applicant, the Board previously determined that the proposed action will not result in any significant environmental impacts. FURTHER RESOLVED, that the Planning Board hereby grants final site plan approval for the Dollar General retail store with the following conditions; 1. The applicant will be required to post a letter of credit or bond acceptable to the Town in the amount of $5,000 to assure proper fulfillment and completion of all site work and erosion and sediment control measures; 2. The Planning Board approves the removal of trees within 100 feet of Walworth-Penfield Road; 3. All Planning Board, town staff and consultant comments are fully addressed and; 4. All required Agency approvals have been obtained Upon being put to a vote, the resolution was adopted: AYE 5 NAY_0 STATE OF NEW YORK:
5 November 13, 2017 Planning Board Meeting Page 1168 COUNTY OF WAYNE: ss TOWN OF WALWORTH: I,, Town Clerk of the Town of Walworth, Wayne County, New York, DO HEREBY CERTIFY that I have compared the foregoing resolution duly adopted by the Planning Board of the Town of Walworth on the 13th day of November, 2017 with the original thereof now on file in my office, and the same is a correct and true copy of said resolution and of the whole thereof. (SEAL) DATED: 2017 Roll Vote: Chairman Bavis Recused Susie C. Jacobs, RMC, MMC, Town of Walworth Marlene Hall Elaine Leasure Lou Villanova Karel Ambroz Abstained Motion carried. Chairman Bavis rejoined the meeting, and moved forward with the next item on the Agenda: 3. Other-Concept Discussion Blue Heron Flyway: Proposed Single Family Homes. Property is located at the corner of West Walworth Road and Gananda Parkway (formerly proposed as the Eagles Roost Townhouse Project) Larry Heininger, Marcus and Associates, and Tim Verschage were present to speak before the Board. Mr. Heininger stated that the property that is being discussed is 3 ½ acre +/- piece of property, zoned Planned Development. The Applicant(s) desire to place 48 single family ranch homes on the property. Mr. Heininger said this Subdivision would be a dedicated road, and would have dedicated water and dedicated sewer that meets town standards. Mr. Heininger said all the laterals for the sewer would come in from underneath the basement slab. He said storm sewers would be dedicated to the Town, and that he talked to Mike Frederes about the south side of the right of way, and that the right of way would basically go all the way to the property line because they would kick out the storm sewers to a bio swale. They would stop grading at the edge of the steep slope and have adjusted the road grade so that the edge and shoulder matches the edge of the total slope on the other side to maximize the width of the bio swale. Mr. Heininger then went into more technical detail about pool elevations, lot sizes, driveways, square footage of the homes themselves, garage space, etc. He ended by saying that this Subdivision would be very much in character with the rest of the neighborhood. There was much discussion about the areas Mr. Heininger touched on, the major areas being a buffer strip, the pond (bio swale) behind lots 9 and 10, the storm water sewers and drainage, and the lot sizes themselves, not only as to how what needs to be done could affect lot size, but also according to the plans, there are only 3 lots that are compliant with size requirements at this point in time. It was pointed out that the Planning Board does have discretion to alter required lot sizes. The storm water sewers and drainage, and who would maintain them, was perhaps the major area of concern, as it was pointed out by Norm Druschel that the Town would most likely not take on that responsibility. The Board indicated that they have run into this before, and the problem was resolved either by management, or by a Homeowner s Association. The Board ended by stating that regardless of how it is resolved, that provisions for drainage maintenance are critical, and must be addressed. There was also discussion about a buffer strip, and Mr. Heininger mentioned a few things he could do to assure that a buffer strip was in place. There was some concern expressed about the bio swale behind lots 9 and 10, which Mr. Heininger said he will be addressing also. Along with this, the Town Engineer, Building Inspector, Code Enforcement Officer, and Sewer and Highway Department Heads will be meeting to discuss the pond and drainage issues, and Mr. Heininger will be keeping in touch with Mike Simon regarding any requirements or findings in this matter. Mr. Heininger made sure to go over what it was he needed to address, and let the Board know that he would be back to meet with them once he has addressed their concerns. Chairman Bavis read the last item on the Agenda 4. Other- Concept Discussion: Proposed 2and 3 Lot Subdivisions. Two properties total. One property located at 5402 Ontario Center Road and the other located at 5267 Ontario Center Road.
6 November 13, 2017 Planning Board Meeting Page 1169 Debbie Amsler, Applicant, was present to speak before the Board. Ms. Amsler started by saying that she would like to Subdivide the property at 5267 Ontario Center Road, which is 29.3 acre+/- into 3 lots. One lot would be one acre, a second lot would be roughly 27.9 acres, and the final parcel would be a pie like wedged strip of land, roughly.04 acres, which would eventually be purchased by the neighbor allowing him to straighten up his property line. Ms. Amsler stated that the sewer, electric, etc., will be located on the lot that is 1 acre in size. The Board did not see any issues with the Subdivision as described by the Applicant. Ms. Amsler continued with the concept for the second Subdivision, which is the acre =/- property located at 5402 Ontario Center Road. The land is owned by Michael Bogue, and Ms. Amsler does have an Affidavit of Record Owner signed by Mr. Bogue allowing her to speak on his behalf. This will be a two lot Subdivision, one lot being a one acre, and other lot being the land that is left, or acres =/-. Ms. Amsler noted that Mr. Bogue would be keeping the one acre parcel where his home now stands, and Ms. Amsler will be purchasing the remaining acres =/-. The Board saw no issues with this second Subdivision, and once Ms. Amsler has all the required paperwork, she will meet with the Board to seek Preliminary Subdivision Approval for both pieces of property as mentioned above. Chairman Bavis asked if anyone had anything further they wished to discuss. There were no issues brought forward. Chairman Bavis adjourned the meeting at 9PM. Respectfully submitted, Mary Beth Braman, Clerk
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