RUSH PLANNING BOARD REGULAR MEETING APPROVED MINUTES DECEMBER 19, 2006 A regular meeting of the Rush Planning Board was held on Tuesday, December 19, 2006, at the Rush Town Hall, 5977 East Henrietta Road and was called to order at 7:30 P.M. MEMBERS PRESENT: John Felsen, Chairman John Morelli Don Sweet Richard Anderson EXCUSED: Al Simon OTHERS PRESENT: Gerald Kusse, Code Enforcement Officer. Tom Doupe, Town Board Member Lisa Sluberski, Town Board Member Todd Ewell, Clough Harbour & Associates, Engineer for the Town of Rush Harold & Sharon Slack, 512 Fishell Rd Glen & Suellen Miller, 580 Fishell Rd Bryan & Sandy Laughlin, 534 Fishell Rd Dan Noble Sean Noble, 7072 East River Rd Al & Carol McCombs, 1227 Rush Scottsville Rd Jim Wentzel, 50 Williamsburg Rd, Pittsford, NY Tom Tuety, 5918 Big Tree Rd, Lakeville, NY Malcolm Packer, 7 Stream View Circle, Fairport NY Scott Vogel, 27 Kathy Drive Bob McGrail, 1945 E. Ridge Rd Mark Derue, 1945 E. Ridge rd David Knotowicz, 250 Honeoye Falls 5 Pts Rd Tony Loprofedo, 55 Bain Bridge Lane, Penfield Glenn Thornton, 77 E. Main St, Victor Michael Perry, 209 Overland Trail Stu Chait, 234 Hill St, Rochester Mark Gorvanz, 530 Summit Pt Drive, Henrietta Patrick Waterman, 530 Summit Pt Drive Henrietta Lee Rust, Henrietta APPROVAL OF MINUTES: The Minutes of November 21, 2006 were reviewed. Mr. Morelli made a motion to approve the Minutes of November 21, 2006 as amended. The following change was made: RUSH PLANNING BOARD DECEMBER 19, 2006 On Page #4 third paragraph, change the last part of the sentence to read “how it will be accessed”. Mr. Sweet seconded the Motion and the Board Members were all in agreement. The Planning Board’s recommendation to the Town Board regarding the petition from Rush Associates LLC to rezone property located on the north east corner of West Henrietta Road & Rush Scottsville Road. Mr. Felsen made a Resolution Whereas; the Town of Rush Planning Board, having received a referral from the Rush Town Board relating to the rezoning application of Rush Associates, pursuant to §273 of New York’s Town Law and §120-72 of the Rush Town Code; and Having held an informal “workshop” on November 21, 2006 to examine and discuss Rush Associates LLC’s application to rezone 6.3 acres of land at 7262 West Henrietta Road currently zoned R-30 to Commercial; and Having reviewed the proposed application, including the subdivision map and site plan, and having heard a presentation by a representative from Passero Associates on behalf of applicant and applicant's attorney and heard public comment from citizens attending the workshop; and THEREFORE, after due deliberation, the Rush Planning Board hereby resolves to recommend to the Town Board that the rezoning request be denied. The major reasons for this recommendation include the following: 1. The site plan does not present a safe method of ingress and egress to and from the property; neither does the property appear to have any available road frontage that could provide safe access. 2. The proposed access and use of the property are inconsistent with proposed access and development detail set forth in the Rush Comprehensive Plan. 3. The applicant failed to provide any indication of plans for future use of the remaining lands. 4. The applicant failed to provide an allowable method of accessing the remaining lands. There were also many additional discrepancies in the Environmental Assessment Form and the trip generation studies. The application lacked a detailed traffic study, construction details and details on storm sewer sizing and crossings and other items. However, in view of the severity of the four major problems listed above, these additional problems were not reviewed. RUSH PLANNING BOARD DECEMBER 19, 2006 Mr. Anderson seconded the Resolution and the Board polled: Roll: Mr. Felsen aye Mr. Sweet aye Mr. Morelli aye Mr. Anderson aye carried. The Clerk was asked to draft a letter to the Town Board regarding this resolution. PUBLIC HEARING: Application 2006-18 P by Michael Flannery for Subdivision approval to combine two tax parcels into one. Property is located at 7070 West Henrietta Road. Property is located in an R-30 Zoning District. Mr. McGrail stated that Mr. Flannery wanted to remove a property line and combine the two lots into one for tax purposes. There were no other plans for the parcel. There were no further comments and Mr. Felsen declared the Public Hearing closed. Application 2006-19 P by Harris RF Communications for Site Plan approval to use vacant land located north of Fishell Road for field testing of radio equipment. Property is located in a Limited Industrial Zoning District. Mr. Loprofedo and Mr. Thornton presented the Application to the Board Members on behalf of Harris RF Communications. Harris had other technical people available to answer any questions from the Board Members or audience. Harris RF Communications builds radios and wished to use the site to test the radios performance. This testing is done from point to point. There is a similar location based on the height of terrain in Stockbridge NY. Communications would take place between the Stockbridge location and the property in Rush. The radios communicate by voice, data and video. Mr. Felsen asked about the type of structures the Applicant would be building on the site. Mr. Thornton stated that they would install a stone driveway onto West Henrietta Road with a turnaround and parking for approximately 7 vehicles, and a prefabricated equipment shelter to house the equipment. Electric service would be brought into the equipment shelter for security lighting and to power the equipment when the technicians are on the site. An area on the north side of the site will have a 200 foot square area for a potential overnight testing area for antennas. The hours of operation would be from 8:00 AM to 5:00 PM, having 2-3 people on the site. Mr. Loprofedo showed the Board Members and the audience the type of antenna they would be testing. The Applicant was asked to provide the Board Members with information regarding the safety & testing standards Harris RF Communications follows. The Applicant is asking for a ten year lease from Mr. Thomas Tuety (owner of the property). A 50 foot buffer around the perimeter of the property to avoid the residential homes on Fishell Road was discussed. RUSH PLANNING BOARD DECEMBER 19, 2006 Security gates will be installed at the driveway entrance and trees will be added for screening around the fenced area used for testing. The following residents had comments: Mrs. Suellen Miller residing at 580 Fishell Rd, asked if there would be any interference with phones, TV’s or computers. The Applicant stated that there wouldn’t be any problems. Mrs. Sharon Slack residing at 512 Fishell Rd, asked about lighting on the property. The Applicant stated that there would be security lighting. Mrs. Carol McCombs residing at 1227 Rush Scottsville Rd, asked what road the access for this property would be on. The Applicant stated that it would be on West Henrietta Road. There were no further comments and Mr. Felsen declared the Public Hearing closed. INFORMAL DISCUSSION: Mr. & Mrs. Knotowicz – 250 Honeoye Falls 5 Points Road Mr. Knotowicz would like to run public water to his property located at 250 Honeoye Falls 5 Points Road. He asked if he would have to purchase a 10 foot strip from his neighbor on Five Points Road so he could run the water to his house or could he obtain an easement from this neighbor. The Water Authority has told Mr. & Mrs. Knotowicz that they will need a 5 foot strip of land to run the water to his property. The Board Members stated that they will have to ask the Water Authority if they have to own the land to do this. If one of the parcels is part of a filed subdivision, and the Water Authority requires that he owns the property, a formal subdivision from the Planning Board will be required. Mr. Felsen explained the subdivision process to Mr. & Mrs. Knotowicz. Dan Noble, 7072 East River Road, wishes to revise the existing site plan for this lot. Mr. Noble stated that his son Sean had purchased the property on the east side of East River Road. The parcel has previously been approved for building. Mr. Noble stated that they would like to change the position of the house so that it faces the road. The Board Members reviewed the approved site plan. Mr. Felsen stated that Mr. Noble will be building in the 100 year flood plain regardless of how the house is positioned on the lot. The site plan showed 2 retaining walls. Mr. Noble wishes to use a boulder style retaining wall instead of poured concrete retaining walls. There was a discussion regarding the 2 stage septic system designed for the house. Mr. Felsen stated that a permit would be required to build in the flood plain. Mr. Felsen read from the approval letter for the lot, stating that during construction, the Engineer for the Town of Rush would have to inspect the retaining wall. There was a lot of field work that went into the approval of this lot and RUSH PLANNING BOARD DECEMBER 19, 2006 Mr. Felsen stated that he wanted to speak with the people who were involved with this subdivision before the Planning Board could make a recommendation to Mr. Noble regarding any changes he could make to the lot. Mike Perry - Howlett property located on Rush West Rush Road. Proposing Multiple Dwelling / Senior Housing and the re-zoning of the property. Mr. Mike Perry, Mr. Mark Gorvanz & Mr. Stu Chait presented their proposal to the Board Members. The proposal was for a village concept containing 375 individually owned units. The south side of the Lehigh Valley Trail will be designed as single family lots, 50 feet wide by 120 feet deep. The streets would be fronted with houses with porches; the garages would be located in the back of the lots accessible by alleys. There would be no driveways coming off of the streets. The north side of the trail would have 200 units of condominiums; 20- 2 story buildings of 10 units each. Storage buildings would be available for these units. A commercial retail store as well as retail buildings with 2nd and 3rd story apartments was proposed. There would be 3 access points, 2 onto Rush West Rush Road and 1 onto Rt 15A at the Creekside Inn. A dedicated road is proposed to cross the Lehigh Valley Trail. Green space will be located throughout the complex. Development would be outside of the 100 year flood plain. Pictures of the style of homes for this proposal were given to the Board Members. Sidewalks with curbs and streetlights are part of the walk able community. The alleys would be 15 feet wide. The sewage treatment facility was discussed. This community would require a facility that could treat upwards of 100,000 gallons per day. The facility is approximately 20 feet by 80 feet long. The community would contain single family homes with the square footage of between 1200 sq ft & 1500 sq ft in the price range of $180,000.00. Condominium units would be approximately 1000 sq ft. The community would have a home owners association to control the agricultural restraints and for the maintenance of the community. The Board Members were concerned with the width of the alley for residential parking and for the access of emergency vehicles. The size of this proposal would increase the size of the Town of Rush by one third. The Board Members were concerned with a proposal this dense having a large impact on traffic in the area. The points of access and low probability that permission could be obtained to cross the Lehigh Valley Trail were a concern. Rezoning of the property would be required for this proposal. There was a discussion on how to scale down the amount of homes proposed. The idea of the village concept was attractive to the Board Members. The number of homes proposed was not favored. After a lengthy discussion it was suggested that future proposals contain fewer homes, not building north of the linear trail, and that traffic impact and access points for the project be reassessed. Mr. Kusse gave his report to the Board Members of his inspection of Mimmy’s Pickety Place located at 2458 Rush Mendon Road. He stated that Margie Stevens had a large inventory of merchandise for sale. Mr. Felsen asked how much of the inventory was Mrs. RUSH PLANNING BOARD DECEMBER 19, 2006 Stevens artistic work. Mr. Kusse stated that he felt it was only 10% of her work. The Board Members referred to an advertisement from the Penny Saver listing it as more of a gift shop than an artist studio. Mr. Kusse asked the Board Members for direction on this matter. The Board Members stated that when Mrs. Stevens appeared before the Planning Board they did not give her a permit to operate her studio. Under the code, the Board Members felt that from the description of her business, she didn’t need a permit to operate a small artist studio that would be open to the public. She did obtain a sign permit from the building inspector. After the Board Members discussed Mr. Kusse’s report it was decided that Mrs. Stevens was no longer operating as an artist studio as she had stated to the Board Members in January of 2006 and is now ordered to cease operation of all retail sales within 30 days of receipt of the letter drafted from the Planning Board. The Board Members decided that for all future inquires regarding home businesses; a pre-application packet is to be filled out describing the nature of the business, hours of operation and any other information relating to the proposed business. This application would be given to the Planning Board for their determination as to weather a Special Permit was required. A copy of the Planning Boards decision would be given to the applicant; a copy of this decision would be kept on file in the clerks office for future reference. The Clerk and Mr. Felsen will create a form to be used for this purpose. DECISIONS: Mr. Felsen made a Motion WHEREAS; this Board has examined Application 2006-18 P by Michael Flannery for Subdivision approval to combine two tax parcels into one. Property is located at 7070 West Henrietta Road. Property is located in an R-30 Zoning District. For preliminary plat review, and the maps and other materials which were filed with the Application, including the Environmental Assessment form and WHEREAS, the proposed action is a Type II action under the State of New York SEQR laws requiring no further action by this Board. Mr. Anderson seconded the motion and the Board polled: Roll: Mr. Felsen aye Mr. Morelli aye Mr. Sweet aye Mr. Anderson aye carried. Mr. Felsen made a Motion to grant preliminary approval to the Michael Flannery Subdivision based on what was presented. Mr. Morelli seconded the motion and the Board polled: Roll: Mr. Felsen aye Mr. Morelli aye Mr. Sweet aye Mr. Anderson aye carried. RUSH PLANNING BOARD DECEMBER 19, 2006 Mr. Felsen made a Motion to waive the final Public Hearing for Subdivision approval. Mr. Morelli seconded the motion and the Board polled: Roll: Mr. Felsen aye Mr. Morelli aye Mr. Sweet aye Mr. Anderson aye carried. Mr. Felsen made a Motion WHEREAS; this Board has examined Application 2006-19 P by Harris RF Communications for Site Plan approval to use vacant land located north of Fishell Road for field testing of radio equipment and to store equipment on said property. Property is located in a Limited Industrial Zoning District, and the maps and other materials which were filed with the Application, including the Environmental Assessment form and WHEREAS, the proposed action is an unlisted action under the State of New York SEQR laws, BE IT RESOLVED, that upon its examination and study of the Environmental Assessment Form and the maps and plans submitted with the Application, this Board determines that the proposed action will not have a significant effect on the environment. The reasons for this determination are that the proposed action cannot reasonably be expected to lead to any of the following consequences: A. a substantial adverse change to ambient air or water quality or noise levels or in solid waste production, drainage, erosion or flooding. B. The removal or destruction of large quantities of vegetation or fauna, the substantial interference with the movement of any resident or migratory fish or wildlife species, impacts on critical habitat areas, or the substantial affecting of a rare or endangered species of animal or plant or the habitat of such a species. C. the encouraging or attracting of a large number of people to a place for more than a few days, relative to the number of people who would come to such place absent the action. D. the creation of a material conflict with the Town’s existing plans or goals as officially approved or adopted. E. the impairment of the character or quality of important historical, archaeological, architectural or aesthetic resources or of existing community or neighborhood character. F. a major change in the use of either the quantity or type of energy. G. the creation of hazard to human health or safety. H. a substantial change in the use, or the intensity of use of land or other natural resources or in their capacity to support existing uses where such a change has been included, referred to, or implicit in an official comprehensive plan. I. the creation of material demand for other actions which would result in one of the above consequences. RUSH PLANNING BOARD DECEMBER 19, 2006 J. changes in two or more elements of the environment, no one of which is substantial, but when taken together result in a material change in the environment. Mr. Sweet seconded the motion and the Board polled: Roll: Mr. Felsen aye Mr. Morelli aye Mr. Sweet aye Mr. Anderson aye carried. Mr. Felsen made a Motion to grant Site Plan approval to Harris RF Communications conditioned upon: 1. The Applicant indicating on the plans a 50 foot buffer along the south side of the property. 2. The Applicant providing performance safety standards on exposures and measurements that Harris RF Communications will conform to for all operations on this property. 3. The Applicant providing lighting details and a statement of conformance with the Town of Rush lighting ordinance as part of the Application. Mr. Anderson seconded the motion and the Board polled: Roll: Mr. Felsen aye Mr. Morelli aye Mr. Sweet aye Mr. Anderson aye carried. Councilwoman Lisa Sluberski reported that at the Planning & Zoning Workshop she had attended in Mt Morris the previous month, she was told that starting January 1, 2007 it would be a requirement for all Zoning Board & Planning Board Members to participate in at least 4 hours of training per year. There was a discussion about this new change. There were no further comments and the meeting was adjourned at 11:30 P.M. Respectfully submitted, Darlene M. Pilarski Deputy Town Clerk