Town of canandaigua

5440 Routes 5 & 20 West, Canandaigua
PLANNING BOARD
Tuesday, January 26, 2010, 6:30 p.m.
APPROVED MEETING MINUTES
MEETING CALLED BY:
Thomas Schwartz
BOARD MEMBERS:
Joyce Marthaller, Thomas Crawford, Richard Gentry, Charles Oyler
SECRETARY:
Leslie O’Malley
STAFF MEMBERS:
Timothy Jensen, Director of Development; Christian Nadler, Planning
Board Attorney
Excused: Gregory Hotaling, MRB Group, Town Consulting Engineer

APPLICANTS:
Paul D. Minor, Architect; Gary Ross, Zocor LLC; William and
JoAnne Smith, Log Cabin Bed and Breakfast; Thomas Crawford,
TLMJ Ventures LLC; Jeff Saeger, John August, David Dworkin,
Canandaigua Crossings LLC; Bob Bringley, Marathon Engineering

AUDIENCE:
Canandaigua residents: Lew Smith, Yvonne Chavez, Tom and Barb
Harradine
_____________________________________________________________________________________
Pledge of Allegiance
Introduction of Board Members and Staff
In addition to his introduction of Board members and staff, T. Schwartz welcomed the new Planning Board members: Thomas Crawford and Richard Gentry. He said it is nice to have a full Board again. Overview of Emergency Evacuation Procedures
BOARD BUSINESS
 Approval of January 12, 2010 Meeting Minutes
C. Oyler made a motion to approve the Minutes of the January 12th meeting and J. Marthaller seconded his motion. C. Oyler, J. Marthaller and T. Schwartz voted aye. T. Crawford and R. Gentry abstained since they did not attend the meeting. They were appointed to the Planning Board after the January 12th meeting.  Referrals to Town Board:
None at this time
 Recommendations to Zoning Board of Appeals:
 Recommendation regarding requested area variances for Tops Fueling Station
application
The Director of Development said that no recommendations are needed since the request for variances has been withdrawn.  Recommendations to the Code Enforcement Officer: None at this time
 Privilege of the Floor—no one asked to speak
 Attest to publishing of legal notices
At the Chair’s request, Secretary O’Malley attested to the publication of the required legal notices on January 15, 2010.  Other Business as Required:
Planning Board Meeting Minutes, January 26, 2010  2010 Rules of Procedure
The Board members unanimously agreed to move this to the end of the meeting in order to hear waiting applicants first.  Resubdivision / Annexations:
 CPN 001-10 Gentry for Bounds, owner of property at 4485 Latting Road, is annexing a
portion of TM#57.00-1-5.100 to TM#57.00-1-5.200.
T. Jensen explained that this is a simple administrative adjustment for the Board’s information. No action is required. There were no Board comments or questions.  Letter of Credit/Bond Releases:
 Villas at Cheshire Glen, Letter of Credit Release #6
Director of Development Jensen said that a request has been received for the release of this letter of credit which has been signed by the required department heads. J. Marthaller moved for approval with C. Oyler seconding. In a voice vote, all five Board members voted aye. The Chair signed the request. _____________________________________________________________________________________________
CONCEPTUAL SITE PLANS / SUBDIVISIONS:
None at this time

CONTINUED PUBLIC HEARINGS:

CPN-111-09 Tops Markets LLC, representing Philip Edison (Canandaigua Station Inc), owner
and 112-09
property at 5150 North Street, TM#70.11-4-48.100, is requesting preliminary site
plan
and 113-09
approval, sign site plan approval and a special use permit for the construction of a
motor vehicle service station and restaurant/retail in the CC zoning district.
(Continued to unspecified date)

T. Jensen told the Board members that a revised site plan is being submitted for action at the February 9th
Planning Board meeting. J. Marthaller made a motion to continue the public hearing to that date. C.
Oyler seconded her motion. All five Board members voted aye in a voice vote.
NEW PUBLIC HEARINGS:
CPN-123-09
Canandaigua Crossings LLC, owner of property at 2536 NYS Route 332,
TM#70.11-1-7.110, is requesting a special use permit for a fast food restaurant and
preliminary site plan approval for a fast-food restaurant and a retail building in the
CC zoning district.

John August, Jeff Saeger and David Dworkin from Canandaigua Crossings LLC and Bob Bringley from
Marathon Engineering appeared for this application. J. August explained that the original plans for this
triangular parcel required eight variances back in 1987. Three years ago, they drew up plans for an 8,800
square foot retail building requiring only six variances. The Director of Development at that time, Ron
Brand, recommended that they obtain an easement for access from Monroe Muffler. They have been able
to do this as well as obtaining 6/10 of an acre from that firm. This will provide more green space on the
property.
J. August continued by pointing out changes from their original plans in the current application. One
large building has been divided into two which are now located perpendicular to the road to provide a
more campus-like environment. The building footprints have been reduced to 7,000 square feet, a 22%
reduction. Only 8.8% of the site is covered by the buildings, which is far less than the Town Code
Planning Board Meeting Minutes, January 26, 2010 allows. Fewer variances are needed: four for the front and rear setbacks, the parking buffer and the size of the parking places. 40 feet of road frontage has been added. The applicants also explained that the Ontario County Planning Board misunderstood the application, overlooking some of the recent changes discussed above. T. Jensen asked about signage. J. August promised it will meet Code if possible. The Development Director said he would like this issue to be addressed up front. The applicants responded that the Colonel’s outline and the letters KFC are sufficient for brand recognition. There are three KFCs in the Rochester area and they usually can meet Code requirements. T. Jensen pointed out that the sign plan needs to be reviewed by the County Planning Board (CPB) and should be submitted fairly quickly. He also asked if any variances for signage would be needed. J. August went over some of the comments from the Fire Department and said they will revise the plans to allow a larger turning radius for emergency equipment. J. Marthaller inquired about directional signs for traffic at the entrances/exits and was assured that these will be provided. In regards to site traffic, the applicants explained that the KFC trucks will be making deliveries early in the morning. The other building is planned as office space so there should be very few truck deliveries. The Chair and the Board Attorney asked the applicants to respond to the Town Engineer’s comments before returning. T. Crawford inquired about the project’s phasing. J. August said the restaurant will be constructed first. They are looking for tenants for the second building before building it. Until then, they plan to bank parking spaces to allow more green space on the site. They agreed to add a note to the plans explaining this. C. Oyler pointed out that the variances, if granted, will also need to be noted on the plans. J. Marthaller inquired about the need for a traffic study. J. August responded that he has discussed site traffic with Monroe Muffler management. They get about 25-30 cars per day, many of them dropped off in the morning and picked up in the evening. There is less traffic that the usual retail establishment so he does not consider a traffic study to be necessary. Cars waiting for servicing could be parked behind the building. T. Jensen asked for a memo of understanding with Monroe Muffler. J. August agreed and added that the easement has been recorded. The applicants told the Board members that they wish to start work around April 1 of this year. J. Marthaller raised the question of a missing landscape calculation mentioned by the PRC (Project Review Committee). B. Bringley replied that it was submitted. T. Jensen said he will follow up on this with the Zoning Enforcement Officer. T. Schwartz asked what the applicant should do about the CPB’s denial of the site plan based on incorrect information. T. Jensen said, from his experience in the County Planning Department, it is better to focus on justifying the Board’s override rather than trying to submit revised plans. C. Nadler added that they should check to see if incorrect plans were used for the decision and use this as an argument for an override. The Chair announced that this is a public hearing and asked if there is anyone who wishes to comment for or against this application. No one responded. Planning Board Meeting Minutes, January 26, 2010

J. Marthaller asked if they planned to grade and seed the area for the second phase. The applicants said
that they will remove 1,000 cubic yards of fill from the old gas station site. They will then seed and
possibly plant the area. T. Schwartz reminded them to work with the DEC (State Department of
Environmental Conservation) on this. C. Oyler inquired about stormwater management but was told that
the fill is not in the storm water containment area. The applicants agreed to work with the DEC on soil
information, quality and quantity.
Since the applicants did not receive the Town Engineer’s comments, T. Jensen promised to provide them
tomorrow.
Returning to the subject of the public hearing, T. Schwartz asked if the Board members wished to
continue it to the February 9th meeting. J. Marthaller made the motion with C. Oyler seconding. All five
Board members voted aye in a voice vote and the motion was passed.

CPN-132-09
Gary Ross, representing Zocor LLC, owner of property at 3179 NYS Route 21,
TM#97.02-1-44.000, is requesting a renewal of a special use permit for a tourist
home in the SCR-1 zoning district.

Gary Ross appeared for his application, a special use permit (SUP) renewal for the Sutherland House Bed
and Breakfast. He explained that there are five guest rooms with parking. Only breakfast is served.
There have been no changes since the last permit approval.
T. Schwartz enquired about dark sky compliant lighting. The applicant said no one has checked.
J. Marthaller asked if there is a septic maintenance agreement. G. Ross said no, but he has the system
checked every three to four years. T. Schwartz commented that the ZEO should inspect once a year but
this has not been able to be done. G. Ross explained that occupancy has been greatly reduced by the
economic downturn so the septic system has less use.
The Chair told the applicant that now the SUP runs with the land in accordance with State law so he will
not need to appear before the Planning Board in three years.
The Board members asked about checking the site to ensure the lighting complies with the Town Code.
T. Jensen agreed to have a site visit done by his staff. The Board members agreed that this should be
done within six months or by July 26, 2010. C. Nadler told the applicant that his SUP will be null and
void if this condition is not met.
The Chair announced that this is a public hearing and asked if there is anyone present who wishes to
speak for or against this application. When no one responded, he closed the public hearing at 7:33 p.m.
C. Oyler made a motion to approve the special use permit conditioned upon site lighting being dark sky
compliant by July 26, 2010. T. Crawford seconded. The motion was approved by a vote of five ayes.

CPN-134-09
Custom Sign Center Inc, representing Inland WNY Portfolio LLC, owner of
property at 5137 North Road, TM#70.16-4-44.100, is requesting a special use permit
for a second building sign in the CC zoning district.

T. Schwartz announced that this is a public hearing and asked if there is anyone present who wishes to
speak for or against this application. No one responded. He explained that this is an incomplete
application because the property owner’s signature is needed for the application. Since the applicant has
requested that action be tabled and the public hearing kept open to an indefinite date, C. Oyler made the
motion with J. Marthaller seconding. In a voice vote, all five Board members voted aye.
Planning Board Meeting Minutes, January 26, 2010

CPN-135-09
William and JoAnne Smith, owners of property at 6121 Rossier Road, TM#111.00-
1-40.700, are requesting a renewal of a special use permit for a tourist home in the
AR-2 zoning district.

JoAnne Smith appeared for her application. She said they operate a tourist home and are requesting
renewal for a special use permit. She presented photos to the Board showing that they have complied with
previous conditions for approval. She showed the site lighting which is on motion detectors and does not
spill onto the neighboring properties. She also requested an inspection to ensure that the lighting meets
Code. T. Jensen said he will speak to Jean Chrisman, the ZEO, about this. The Board members agreed
that this should be a condition of approval to be met by July 26, 2010.
J. Marthaller noted that the application includes a letter of support from the applicant’s neighbor. The
applicant assured the Board members that her other neighbors offered to appear tonight in her behalf, if
necessary.
J. Smith also said that her septic system was pumped out last summer.
The Chair announced that this is a public hearing and asked if there is anyone present who wishes to
speak for or against this application. Paul Minor asked about the regulations governing the visibility of
light fixtures. T. Jensen responded that they should not be visible off site.
When there were no other public comments, T. Schwartz asked for a motion to close the public hearing at
7:46 p.m. J. Marthaller made the motion and C. Oyler seconded. All five Board members voted aye in a
voice vote.
T. Schwartz explained to the applicant that the permit now runs with the property so she does not need to
return to the Planning Board. J. Marthaller asked if there was a professionally prepared site plan. The
Board members checked and found that there was one in the file. The Secretary was asked to put this in
the record.
Then, C. Oyler moved to approve the special use permit with the condition. T. Crawford seconded his
motion. The motion was carried by a vote of five ayes.

CLOSED PUBLIC HEARINGS:

CPN-103-09
Thomas Crawford, representing TLMJ Ventures LLC, owner of property at 2484
County Road 28, TM#70.11-1-32.000 – the Planning Board is conducting a public
hearing to discuss the SEQR review for the rezoning application from RB-1 zoning
district to MUO-1 zoning district for construction of mini-storage units.

Since T. Crawford was the applicant and had a financial interest in this application, he recused himself
and sat in the audience.
T. Crawford and his architect, Paul Minor, appeared for this application. T. Jensen told the Board that
tonight they need to declare the Planning Board as the Lead Agency under SEQR and make a
determination of significance.
The applicants explained that the Planning Board members do not have the latest plans and that there
might be additional revisions to the plans. The setbacks have been changed. The Board members
reviewed the latest plans with the applicants. T. Crawford noted that ZBA variances will be needed for
lot size and setbacks. The current plans show 40% lot coverage and 60% undeveloped land.
Planning Board Meeting Minutes, January 26, 2010

The applicants pointed out that now they plan to add siding where the buildings face the street as well as
more landscaping to fit the project into the neighboring residential area. J. Marthaller commented that the
PRC discussed nine canopy shade trees but the crabapples, shrubs and evergreens shown are not shade
trees. She also asked if they would leave a right-of-way for a public sidewalk.
The Board members discussed sidewalks. The Board members asked about the size of the right-of-way
for them, if this is something the Town Board needs to address and if the easement for them should be
parallel to the lot line. T. Jensen agreed to check on where they should be located and the size of the
right-of-way needed.
The Director of Development explained that the Town Board will meet next week to discuss the MUO-1
(Multiple Use Overlay) zoning addition. The ZBA will meet on the variance requests the following week.
Does the Planning Board want to act on that same night? J. Marthaller replied that the Board needs to see
the site plans first. The Board members agreed to schedule action for the February 23rd meeting. The
applicants said that they hope to start work in April, weather permitting.
P. Minor went over the fire department review of the plans and said there will be a 20 foot crushed stone
driveway access. J. Marthaller pointed out that the County Planning Board requested that the section next
to the road be paved.
T. Jensen explained to the Board that this application does not meet the requirements for a Type I action
SEQR and is not on the list specifying Type II actions. Therefore, it will be an Unlisted Action. The
Board members reviewed the draft Declaration of Lead Agency status and requested that the following
clause be added: “WHEREAS, the action has been determined to be an unlisted action pursuant to
NYCRR part 617….” T. Jensen agreed to do.
C. Oyler moved to approve the resolution with J. Marthaller seconding. In a voice vote, J. Marthaller, R.
Gentry, C. Oyler and T. Schwartz voted aye. T. Crawford was excused.
Next, the Board members reviewed the SEQR Negative Declaration draft resolution and requested that
the following clause be inserted: WHEREAS, the Planning Board has reviewed the Environmental
Assessment Form and the additions numbers (c) 1 through (c) 7 and has determined that this is an
Unlisted Action with a Negative Declaration as far as the potential significance of adverse environmental
impacts.” C. Oyler moved to approve the resolution. R. Gentry seconded. In a voice vote, J. Marthaller,
R. Gentry, C. Oyler and T. Schwartz voted aye. T. Crawford was excused.
NEW PRELIMINARY SITE PLANS:

CPN-136-09
Thomas Crawford, owner of property at 2484 County Road 28, TM#70.11-1-32.000,
is requesting preliminary site plan approval to construct two mini-storage buildings
in the RB-1 (MUO) zoning district.

T. Schwartz proposed that the Board pass a resolution continuing the application to the February 23rd
meeting but the Director of Development responded that no resolution is needed because they do not have
a complete application.
When the discussion on this application was finished, T. Crawford returned to the Board.
CONTINUED SIGN SITE PLANS:
None at this time.
Planning Board Meeting Minutes, January 26, 2010
FINAL SUBDIVISIONS:
CPN-133-09
RSM West Lake Road LLC, owner of property at 3950 County Road 16,
TM#112.00-1-24.100, is requesting final subdivision approval for a 65-lot
subdivision in the SC-1/RL zoning districts.

T. Jensen read James Bonsignore’s letter requesting a continuation of this application to the February 23rd
meeting into the record (see attached).
The Director of Development then explained that the applicants are seeking final subdivision approval
and it is up to the Board members to decide how this proposal does or does not substantially agree with
the preliminary subdivision already approved. Since the public hearing was closed in December, the
Board would have 62 days to act or until February 9th. However, in this case, the applicants are seeking
an extension which would be by mutual consent if the Planning Board agrees. C. Oyler made a motion to
continue the application to the February 23, 2010 Planning Board meeting. R. Gentry seconded the
motion. All five Board members voted aye in a voice vote.

On behalf of the new Board members, the Chair requested that the Director of Development schedule a
workshop on the latest version of the application before the February 23, 2010 meeting. The Board
members asked the Secretary to attend and take Minutes. A Tuesday night was best for everyone. T.
Jensen said he would provide a list of findings. He added that the Town Engineers, MRB Group, P.C.,
met with the applicants’ engineers, BME Associates. However, it is not entirely clear how they wish to
proceed. It is important for them to understand the subdivision review process, he said, as well as what
their options are.
NEW SIGN SITE PLANS:
None at this time

CONTINUED PRELIMINARY SITE PLANS:
None at this time

CONTINUED FINAL SITE PLANS:
None at this time

NEW FINAL SITE PLANS:
None at this time
 Other Business as Required:
 2010 Rules of Procedure
The Board members discussed the changes suggested by the Planning Board’s legal counsel, C. Nadler, to
the 2010 Rules of Procedure. After going through the suggested improvements, the Board members
agreed that these changes should be made. T. Crawford moved to approve the amended Rules of
Procedure with C. Oyler seconding. The motion was carried by a voice vote of five ayes.
C. Nadler also raised the issue of including addresses for persons participating in public hearings and
meetings in the Minutes if these are to be published on the Town’s website. It was pointed out that it
could be important to determine if someone speaking for or against a contentious issue, for example, wind
farms or cell towers, is from the Town of Canandaigua or a “carpetbagger” from another town who
attends all such meetings to sell an agenda. The Board members agreed that it might not be necessary to
include in the Minutes the home addresses of all persons attending each meeting.

STAFF REPORTS:
 Town Consulting Engineer –excused from this meeting
 Planning Board Attorney—no report
 Director of Development—no report
Planning Board Meeting Minutes, January 26, 2010  Board Member Reports
T. Schwartz said that the Board still needs to appoint a committee to develop a report on the
Comprehensive Plan. This should be done at the next meeting. He asked for volunteers. This report, he
explained, has been done each year but received no response until last year when there was a joint Town
Board/Planning Board meeting on it. J. Marthaller pointed out that the Board’s report is due in July.
The Chair also said that a representative or representatives of the Planning Board might be needed when it
is time to work on an update to the Comprehensive Plan. T. Jensen said that a consultant has been
identified and work should begin in about six months.

J. Marthaller, C. Oyler and T. Schwartz enthusiastically welcomed R. Gentry and T. Crawford as new
Board members.
ADJOURNMENT
With no further items of business, R. Gentry moved to adjourn the meeting at 8:47 p.m. The
motion was seconded by J. Marthaller and carried in a unanimous voice vote. The next scheduled
meeting of the Planning Board will be held on Tuesday, February 9, 2010 at 6:30 p.m. in the Town
Hall.

These Minutes were taken and respectfully submitted by
Leslie C. O'Malley, Ph.D.
Secretary to the Planning Board
Planning Board Meeting Minutes, January 26, 2010

Source: http://www.townofcanandaigua.org/doc_boards/January262010Minutes.pdf