1 00:00:04,667 --> 00:00:07,667 Welcome everyone to the March 26th, 2 00:00:08,667 --> 00:00:11,900 2026 meeting of the Penfield Planning Board. 3 00:00:13,033 --> 00:00:15,400 We will start with the pledge of allegiance. 4 00:00:20,133 --> 00:00:23,867 I pledge allegiance to the flag of the United States of 5 00:00:23,934 --> 00:00:27,333 America and to the Republic for which it stands, 6 00:00:27,967 --> 00:00:31,867 one nation under God, indivisible, with liberty 7 00:00:32,000 --> 00:00:33,233 and justice for all. 8 00:00:39,066 --> 00:00:40,867 Okay, Michelle, please call the roll. 9 00:00:41,834 --> 00:00:42,266 Knauer? 10 00:00:42,800 --> 00:00:43,767 Knauer here. 11 00:00:43,834 --> 00:00:44,166 Aiken? 12 00:00:44,533 --> 00:00:45,100 Aiken here. 13 00:00:45,634 --> 00:00:45,967 Daly? 14 00:00:46,333 --> 00:00:46,767 Daly here. 15 00:00:47,266 --> 00:00:48,133 McCooy? 16 00:00:48,166 --> 00:00:48,767 McCooy here. 17 00:00:49,300 --> 00:00:49,700 Tydings? 18 00:00:49,800 --> 00:00:50,300 Tydings here. 19 00:00:50,934 --> 00:00:51,266 Krueger? 20 00:00:51,800 --> 00:00:52,300 Krueger's here. 21 00:00:52,934 --> 00:00:53,400 Prinzing? 22 00:00:53,800 --> 00:00:54,333 Prinzing here. 23 00:00:54,600 --> 00:00:55,467 Ferrigno here. 24 00:00:57,166 --> 00:00:57,567 Thank you. 25 00:00:58,734 --> 00:00:59,166 And 26 00:01:00,166 --> 00:01:03,333 I assume everybody had a chance to look at the minutes. 27 00:01:04,200 --> 00:01:05,734 Thank you, Michelle. Nice job. 28 00:01:06,233 --> 00:01:06,266 Thank you. 29 00:01:06,266 --> 00:01:07,834 It was a longer one. 30 00:01:10,867 --> 00:01:12,867 So if there are no 31 00:01:13,700 --> 00:01:15,967 changes, corrections, questions, 32 00:01:17,266 --> 00:01:21,033 anyone move to approve? Tydings. Make the 33 00:01:21,066 --> 00:01:22,300 motion to approve. I'll second. 34 00:01:23,834 --> 00:01:24,266 Knauer? 35 00:01:24,800 --> 00:01:25,367 Knauer, I. 36 00:01:25,867 --> 00:01:26,166 Aiken? 37 00:01:26,433 --> 00:01:26,967 Aiken, I. 38 00:01:27,400 --> 00:01:27,734 Daly? 39 00:01:28,333 --> 00:01:28,734 Daly, I. 40 00:01:29,100 --> 00:01:29,533 McCooy? 41 00:01:30,066 --> 00:01:30,734 McCooy, I. 42 00:01:31,000 --> 00:01:31,367 Tydings? 43 00:01:31,467 --> 00:01:32,033 Tydings, I. 44 00:01:35,333 --> 00:01:38,433 Okay. Tonight is a work session. We have five tabled 45 00:01:38,500 --> 00:01:40,333 applications on the agenda. 46 00:01:41,533 --> 00:01:45,500 And as you know, there's one 47 00:01:46,967 --> 00:01:49,767 new business, a revised resolution, 48 00:01:52,367 --> 00:01:54,867 based on some work we did at the last meeting. 49 00:01:55,000 --> 00:01:55,400 So 50 00:01:56,367 --> 00:01:58,667 with that, Matt, take it away. 51 00:01:59,233 --> 00:02:03,066 So the first tabled application, 1320 Harris Road, the DeRoller 52 00:02:03,133 --> 00:02:03,767 Subdivision. 53 00:02:04,967 --> 00:02:08,400 We have no news from the applicant or their engineers. 54 00:02:08,934 --> 00:02:12,500 Still waiting on clarification from the New York State DEC 55 00:02:12,600 --> 00:02:16,166 on their wetland delineation. 56 00:02:16,667 --> 00:02:20,533 And so at this time, the board doesn't need to take 57 00:02:20,567 --> 00:02:22,634 any action to continue tabling. 58 00:02:26,867 --> 00:02:27,166 Okay. 59 00:02:27,500 --> 00:02:27,800 All right. 60 00:02:28,700 --> 00:02:31,900 Moving into the next one, 1384 Empire Boulevard, 61 00:02:32,934 --> 00:02:34,166 the Verizon antenna. 62 00:02:35,367 --> 00:02:38,767 We have prepared the parts two and three of the 63 00:02:38,867 --> 00:02:40,567 EAF pursuant to SEQR. 64 00:02:41,533 --> 00:02:45,066 We've also prepared a waterfront consistency 65 00:02:45,233 --> 00:02:45,567 memo, 66 00:02:47,233 --> 00:02:51,000 and an approval resolution with conditions for the approval of 67 00:02:51,066 --> 00:02:52,433 the conditional use permit. 68 00:02:54,600 --> 00:02:58,500 I don't know if the board members had any questions for any of those items that we 69 00:02:58,567 --> 00:02:59,233 prepared. 70 00:03:00,634 --> 00:03:03,734 I had just a little bit of cleanup. They 71 00:03:03,767 --> 00:03:06,200 all look good to me overall. 72 00:03:06,533 --> 00:03:06,767 Yeah. 73 00:03:06,900 --> 00:03:08,333 On the part two EAF, 74 00:03:10,000 --> 00:03:12,166 we checked the box for 75 00:03:13,567 --> 00:03:15,867 impact on human health, which was number 16. 76 00:03:16,667 --> 00:03:20,133 The proposed action may have an impact on human health from exposure to new or 77 00:03:20,166 --> 00:03:22,667 existing sources of contaminants. 78 00:03:22,734 --> 00:03:26,667 And I don't know why we checked yes there, and I would just 79 00:03:26,667 --> 00:03:28,934 propose we check no, given the- 80 00:03:28,967 --> 00:03:29,533 So 81 00:03:30,433 --> 00:03:30,834 based on- 82 00:03:30,867 --> 00:03:32,066 I might have read the part three as well. 83 00:03:32,100 --> 00:03:32,967 So based on 84 00:03:33,166 --> 00:03:37,567 their 85 00:03:37,600 --> 00:03:41,467 responses in part one, where they note that 86 00:03:41,500 --> 00:03:45,100 there are emissions during construction. 87 00:03:47,166 --> 00:03:47,934 So, 88 00:03:48,867 --> 00:03:52,634 we say that yes, there may be an impact, but all of the impacts are 89 00:03:52,700 --> 00:03:56,667 small or no impact may occur. So we are acknowledging 90 00:03:56,700 --> 00:04:00,333 that there are emissions that could be detrimental to human 91 00:04:00,367 --> 00:04:04,367 health during construction because there are emissions 92 00:04:04,400 --> 00:04:05,266 during that. But, 93 00:04:07,033 --> 00:04:10,233 when we clarify in that part two that the 94 00:04:11,000 --> 00:04:14,800 no or small impact may occur, that's where we're clarifying that even though 95 00:04:14,834 --> 00:04:17,066 there are a chance of those 96 00:04:18,333 --> 00:04:21,934 impacts to health, they're small or insignificant. 97 00:04:22,700 --> 00:04:25,066 Got it. Yeah. No, I appreciate that clarification. 98 00:04:25,100 --> 00:04:25,233 And 99 00:04:26,066 --> 00:04:28,166 overall, I'm fine with that approach. 100 00:04:28,200 --> 00:04:28,634 It seems 101 00:04:30,233 --> 00:04:32,967 extremely conservative, I guess is my reaction. 102 00:04:34,533 --> 00:04:34,934 With 103 00:04:36,033 --> 00:04:39,734 cellphone towers, you hear a lot of issues with RF and my 104 00:04:39,767 --> 00:04:43,367 understanding of the law and we can leave with the council to tell us is like, we 105 00:04:43,400 --> 00:04:47,233 can't consider that. And I don't want to suggest that the board has any 106 00:04:47,900 --> 00:04:50,800 concerns about RF or evaluated that whatsoever. 107 00:04:50,867 --> 00:04:54,767 Yeah, no. And yeah, in the, as you mentioned, the 108 00:04:54,867 --> 00:04:56,467 part three, we clarify that 109 00:04:58,166 --> 00:04:59,500 their reasoning for the 110 00:05:00,533 --> 00:05:02,533 health effects that we are considering, 111 00:05:03,533 --> 00:05:07,333 are those ones that are really only related to those 112 00:05:07,367 --> 00:05:08,066 emissions. 113 00:05:09,533 --> 00:05:12,800 I'm just going to double-check verse 16. Yeah. 114 00:05:13,567 --> 00:05:16,667 Right. It talks about historical contamination at the site. 115 00:05:17,100 --> 00:05:20,734 Right. And that there was the remediation that occurred there. 116 00:05:22,233 --> 00:05:23,900 But yeah, ultimately, the 117 00:05:25,767 --> 00:05:29,433 findings of the board or the findings through the SEQR review is that the proposed 118 00:05:29,467 --> 00:05:31,634 development will not have an impact on human health. 119 00:05:33,433 --> 00:05:37,333 Okay. Yeah, I'm fine with that, leaving it as is, as long as it 120 00:05:37,367 --> 00:05:39,467 sounds like we're clear on the record on what we were talking about. 121 00:05:39,533 --> 00:05:40,734 Absolutely. Yeah. 122 00:05:42,233 --> 00:05:42,533 Okay. 123 00:05:42,834 --> 00:05:43,033 Okay. 124 00:05:43,834 --> 00:05:45,734 I have one other item on cleanup. 125 00:05:47,266 --> 00:05:50,333 The draft resolution overall looks good to me. 126 00:05:50,467 --> 00:05:54,400 The one thing that we don't reference that to me was at 127 00:05:54,467 --> 00:05:58,066 least how I approached the application and I think how the applicant approached the 128 00:05:58,100 --> 00:06:02,033 application was the specific criteria for a conditional 129 00:06:02,166 --> 00:06:03,767 use permit for 130 00:06:04,867 --> 00:06:07,000 wireless communications facility, 131 00:06:08,333 --> 00:06:09,734 whichThat 132 00:06:10,634 --> 00:06:14,000 we didn't make specific findings there with respect to that section of the code. 133 00:06:14,834 --> 00:06:18,700 To me, I think it's as simple as saying, in addition 134 00:06:18,767 --> 00:06:21,333 to the basic findings under, what is it? 135 00:06:23,367 --> 00:06:27,000 13.3, we're also found it consistent with 136 00:06:27,066 --> 00:06:28,166 13.11. 137 00:06:28,467 --> 00:06:28,667 Okay. 138 00:06:32,000 --> 00:06:32,233 Yeah. 139 00:06:33,634 --> 00:06:34,233 We can 140 00:06:35,700 --> 00:06:37,800 revise the approval resolution. 141 00:06:39,500 --> 00:06:39,900 Let's see. 142 00:06:56,233 --> 00:06:57,567 Yeah. I suppose that would go 143 00:06:57,634 --> 00:07:00,800 underneath 144 00:07:01,500 --> 00:07:02,734 item 20, 145 00:07:03,967 --> 00:07:07,300 on page three, where the board bases its decision to approve 146 00:07:09,100 --> 00:07:12,133 its determination of environmental non-significance of the following 147 00:07:12,200 --> 00:07:15,100 findings relating to chapter 250. 148 00:07:15,467 --> 00:07:18,567 Related to that, for the conditional use, we would add in that 149 00:07:18,634 --> 00:07:21,600 specific reference to the 150 00:07:23,900 --> 00:07:26,600 article related to citing 151 00:07:28,867 --> 00:07:30,200 telecommunications. 152 00:07:32,133 --> 00:07:34,900 Okay. Yeah. I think that change makes sense. 153 00:07:35,066 --> 00:07:35,367 And then, 154 00:07:37,133 --> 00:07:40,700 otherwise, no further comments. I think they're ready to roll with 155 00:07:40,767 --> 00:07:42,700 that change. 156 00:07:43,000 --> 00:07:43,767 Sure. 157 00:07:45,367 --> 00:07:45,567 Okay. 158 00:07:46,667 --> 00:07:47,266 Anyone else? 159 00:07:48,934 --> 00:07:51,266 So I think that's three items. 160 00:07:51,667 --> 00:07:52,300 Three items. 161 00:07:52,400 --> 00:07:52,800 Okay. 162 00:07:53,033 --> 00:07:53,567 Or, sorry. 163 00:07:54,000 --> 00:07:54,533 No, go ahead. 164 00:07:55,100 --> 00:07:58,600 Just in summary, the first one would be adoption 165 00:07:58,634 --> 00:08:02,500 of parts two and three of the EAF. Item number two 166 00:08:02,500 --> 00:08:05,967 would be authorizing the chair to sign the waterfront 167 00:08:06,000 --> 00:08:07,100 consistency memo. 168 00:08:07,667 --> 00:08:07,834 Mm-hmm. 169 00:08:08,000 --> 00:08:10,600 And then the third being approving, with conditions, 170 00:08:11,500 --> 00:08:14,500 the approval for a conditional use permit with the 171 00:08:15,100 --> 00:08:15,867 recommended changes. 172 00:08:15,867 --> 00:08:17,066 With the recommendations. 173 00:08:17,200 --> 00:08:17,333 Yes. 174 00:08:17,400 --> 00:08:17,700 Okay. 175 00:08:20,767 --> 00:08:23,600 I'll make that motion as Matt just recited it. 176 00:08:24,100 --> 00:08:24,400 Thank you. 177 00:08:24,867 --> 00:08:26,767 They all have to be separate actions. 178 00:08:26,834 --> 00:08:28,100 Oh, they do? Okay. Well- 179 00:08:28,166 --> 00:08:29,634 My understanding is that we would do- 180 00:08:30,166 --> 00:08:32,467 Gee, I thought Pete called me out on that the other day. 181 00:08:34,166 --> 00:08:37,934 That's true. Yeah. Now referring back to that meeting, I think that we 182 00:08:38,000 --> 00:08:38,200 can... 183 00:08:39,734 --> 00:08:41,634 No. I'm going to say that because 184 00:08:43,266 --> 00:08:44,567 that was for... 185 00:08:46,900 --> 00:08:50,367 I'm fairly certain, at least in the past, we've always taken a separate vote 186 00:08:50,867 --> 00:08:51,033 for- 187 00:08:51,100 --> 00:08:51,233 Yeah 188 00:08:51,667 --> 00:08:51,700 ... the EAF. 189 00:08:51,700 --> 00:08:53,266 Let's do that. We don't want to- 190 00:08:53,533 --> 00:08:54,834 I think you would separate the SEQR from- 191 00:08:54,867 --> 00:08:56,233 Yeah. We don't want to muck it up. 192 00:08:56,233 --> 00:08:56,600 From the decision. 193 00:08:56,667 --> 00:08:56,900 Okay. 194 00:08:57,033 --> 00:08:57,300 Yes. 195 00:08:57,500 --> 00:09:01,266 So we're voting on the motion is for the 196 00:09:01,300 --> 00:09:03,900 EAF, parts two and three. 197 00:09:05,200 --> 00:09:05,800 I'll second. 198 00:09:07,467 --> 00:09:07,900 Kanakowar. 199 00:09:08,433 --> 00:09:09,000 Kanakowar, aye. 200 00:09:09,300 --> 00:09:09,667 Aiken. 201 00:09:09,967 --> 00:09:10,467 Aiken, aye. 202 00:09:10,800 --> 00:09:11,166 Daly. 203 00:09:11,500 --> 00:09:11,900 Daly, aye. 204 00:09:12,166 --> 00:09:12,667 McCooy. 205 00:09:13,033 --> 00:09:13,700 McCooy, aye. 206 00:09:13,900 --> 00:09:14,200 Tydings. 207 00:09:14,266 --> 00:09:15,000 Tydings, aye. 208 00:09:19,233 --> 00:09:21,266 Okay, and then the second on the 209 00:09:21,634 --> 00:09:24,567 approval resolution. 210 00:09:25,800 --> 00:09:25,834 Yeah. 211 00:09:25,867 --> 00:09:27,333 And it's both- 212 00:09:27,467 --> 00:09:28,166 Waterfront cons- 213 00:09:28,166 --> 00:09:29,867 ... the waterfront consistency as well as the- 214 00:09:30,266 --> 00:09:31,533 Yes. Those we'll do together. 215 00:09:31,700 --> 00:09:31,967 Okay. 216 00:09:31,967 --> 00:09:32,166 Yeah. 217 00:09:32,634 --> 00:09:36,600 I'll move to approve the waterfront consistency determination 218 00:09:36,667 --> 00:09:40,533 as well as the approval for a conditional use permit with that one 219 00:09:40,600 --> 00:09:41,867 change I noted on the record. 220 00:09:42,900 --> 00:09:43,400 I'll second. 221 00:09:44,800 --> 00:09:45,200 Kanakowar. 222 00:09:45,667 --> 00:09:46,266 Kanakowar, aye. 223 00:09:46,467 --> 00:09:46,800 Aiken. 224 00:09:47,100 --> 00:09:47,734 Aiken, aye. 225 00:09:47,767 --> 00:09:48,200 Daly. 226 00:09:48,433 --> 00:09:48,900 Daly, aye. 227 00:09:49,100 --> 00:09:49,533 McCooy. 228 00:09:49,900 --> 00:09:50,533 McCooy, aye. 229 00:09:50,667 --> 00:09:50,934 Tydings. 230 00:09:50,934 --> 00:09:51,867 Tydings, aye. 231 00:09:58,066 --> 00:09:58,900 Okay. 232 00:09:59,500 --> 00:10:00,367 All right. So 233 00:10:01,367 --> 00:10:04,900 that takes care of 1384. 234 00:10:05,667 --> 00:10:09,166 Moving on to our third tabled application, 1315 235 00:10:10,133 --> 00:10:11,233 Sweets Corners Road, 236 00:10:12,467 --> 00:10:14,066 the Wickham Farms Pavilion. 237 00:10:15,100 --> 00:10:19,033 Also for that application, we prepared parts two and three 238 00:10:19,166 --> 00:10:20,667 EAF pursuant to SEQR, 239 00:10:21,967 --> 00:10:24,233 and then we also drafted an approval resolution, 240 00:10:25,333 --> 00:10:29,033 with the conditions for the application for preliminary, 241 00:10:29,200 --> 00:10:31,300 final, and site plan approval. 242 00:10:33,767 --> 00:10:37,200 The tabling resolution from the last application, 243 00:10:38,600 --> 00:10:40,367 or from the public hearing, 244 00:10:41,467 --> 00:10:43,100 we were looking at 245 00:10:43,900 --> 00:10:47,400 some information, some guidance from the New York State DEC 246 00:10:47,767 --> 00:10:50,934 regarding whether or not, or what the town should 247 00:10:51,000 --> 00:10:54,433 consider when recommending a 248 00:10:54,467 --> 00:10:55,100 developer 249 00:10:56,734 --> 00:11:00,533 get or request a JD. In this case, there weren't 250 00:11:01,000 --> 00:11:03,000 the informational wetlands or 251 00:11:05,066 --> 00:11:08,700 any of the previously mapped wetlands or any of the national wetland 252 00:11:08,767 --> 00:11:11,867 inventory within 100 feet of the project. 253 00:11:12,900 --> 00:11:16,500 The town took the most conservative look, or we looked 254 00:11:16,600 --> 00:11:19,467 at what the DEC 255 00:11:20,100 --> 00:11:23,867 recommended we look at, so all of those wetlands, but also 256 00:11:23,934 --> 00:11:27,333 USGS streams, drainage ways, ponds, other water bodies, 257 00:11:28,200 --> 00:11:31,934 soil mapping, poorly drained soils, or wetter drainage 258 00:11:31,967 --> 00:11:32,500 classes, 259 00:11:33,867 --> 00:11:37,800 or using aerial imagery to identify undeveloped 260 00:11:37,867 --> 00:11:39,400 areas with natural vegetation, 261 00:11:40,433 --> 00:11:44,200 and found that there were no areas within 262 00:11:44,266 --> 00:11:47,533 100 feet of the proposed site or 263 00:11:49,166 --> 00:11:53,100 of the pavilion that would meet that classification of a 264 00:11:53,166 --> 00:11:55,000 wet area. So, 265 00:11:56,100 --> 00:11:57,000 given that 266 00:11:58,634 --> 00:12:01,767 finding that there's no wet areas in the project area, 267 00:12:02,667 --> 00:12:06,533 we aren't recommending that the applicant get that or pursue 268 00:12:06,600 --> 00:12:07,734 that JD 269 00:12:08,667 --> 00:12:11,834 request,And 270 00:12:12,500 --> 00:12:15,100 with that, that was really the only outstanding item. 271 00:12:15,266 --> 00:12:18,166 I know that we also received public comments 272 00:12:18,200 --> 00:12:19,333 regarding 273 00:12:21,467 --> 00:12:25,367 the use of the pavilion for a performance space, 274 00:12:26,000 --> 00:12:27,967 and that we looked at. 275 00:12:29,567 --> 00:12:33,233 Originally, we had discussed at the last planning board meeting having that be a 276 00:12:33,266 --> 00:12:37,100 condition, but ultimately the town already has a process 277 00:12:37,266 --> 00:12:41,066 for that. If the applicant wanted the pavilion to be used 278 00:12:41,200 --> 00:12:44,867 as a performance space, then they would have to come in 279 00:12:44,934 --> 00:12:48,300 for a conditional use permit within the mixed use district. 280 00:12:48,967 --> 00:12:52,333 Performance venues are a permitted use in the mixed use district, 281 00:12:53,634 --> 00:12:56,834 but they would have to come in for that specific conditional use permit. 282 00:12:57,066 --> 00:12:59,500 They're not asking for that at this time. 283 00:12:59,634 --> 00:13:03,166 Our understanding is that the pavilion's really only going to be used as a picnic 284 00:13:03,233 --> 00:13:03,567 space 285 00:13:04,567 --> 00:13:08,367 or just a shelter for the continuing business of 286 00:13:09,033 --> 00:13:10,700 the Wickham Farms. 287 00:13:12,033 --> 00:13:16,000 But essentially there is a process already with the town if they wanted to 288 00:13:16,100 --> 00:13:19,900 use that, but they're not asking for that at this time. 289 00:13:20,266 --> 00:13:23,767 And then as far as the maintenance of 290 00:13:23,800 --> 00:13:24,500 vehicles 291 00:13:25,567 --> 00:13:26,967 in the pavilion, 292 00:13:27,867 --> 00:13:31,333 the applicant indicated that's really just for storage of vehicles. 293 00:13:31,767 --> 00:13:35,700 We had discussed having a condition in the approval resolution where 294 00:13:35,734 --> 00:13:36,834 we would 295 00:13:36,900 --> 00:13:41,100 prohibit 296 00:13:41,367 --> 00:13:43,000 the maintenance of vehicles in the pavilion. 297 00:13:43,834 --> 00:13:46,367 Speaking with town staff, the 298 00:13:47,200 --> 00:13:51,033 pavilion is designed for any runoff 299 00:13:51,066 --> 00:13:54,333 from the pavilion to go into the storm water management facility. 300 00:13:54,467 --> 00:13:56,533 So that's really how it would be designed. 301 00:13:56,567 --> 00:13:59,600 So the initial concern of runoff going into 302 00:14:01,567 --> 00:14:05,300 areas where it shouldn't, or going into the wetland areas, it really 303 00:14:05,333 --> 00:14:09,300 is designed to go into the storm water management facility. 304 00:14:09,867 --> 00:14:13,867 And then also, there were concerns from staff of adding in a condition 305 00:14:13,934 --> 00:14:17,767 about the maintenance of farm operation vehicles in the approval 306 00:14:17,834 --> 00:14:21,600 resolution, given that the board has limited jurisdiction 307 00:14:21,700 --> 00:14:23,700 to limit farm operations, 308 00:14:27,100 --> 00:14:27,533 given the 309 00:14:29,567 --> 00:14:31,266 preemption of ag and markets 310 00:14:32,233 --> 00:14:32,500 on 311 00:14:33,634 --> 00:14:33,867 those 312 00:14:34,834 --> 00:14:37,433 concerns and those protections on farm operations. 313 00:14:37,700 --> 00:14:41,500 So given those considerations from the public comments that we 314 00:14:41,567 --> 00:14:45,100 got at the public hearing, town staff determined that 315 00:14:45,200 --> 00:14:48,967 we likely shouldn't add those conditions 316 00:14:49,000 --> 00:14:51,500 into the final approval resolution. 317 00:14:52,300 --> 00:14:56,300 And so that's how we came to the draft that we prepared for 318 00:14:56,367 --> 00:14:56,800 you tonight. 319 00:14:58,467 --> 00:14:58,800 So, 320 00:14:59,867 --> 00:15:03,467 I don't know if we have any questions based on that discussion or... 321 00:15:05,800 --> 00:15:06,300 Thanks, Matt. 322 00:15:06,500 --> 00:15:10,333 Yeah.I just wanted to note the other public comments we heard were around 323 00:15:10,400 --> 00:15:10,967 noise. 324 00:15:11,133 --> 00:15:11,133 Yes. 325 00:15:11,166 --> 00:15:12,100 And 326 00:15:12,967 --> 00:15:16,900 I know in the resolution you did evaluate 327 00:15:16,900 --> 00:15:20,100 the proximity of the next 328 00:15:20,166 --> 00:15:22,100 residential space to- 329 00:15:22,934 --> 00:15:26,266 Right... where this facility will be. But was there any further discussion 330 00:15:27,400 --> 00:15:27,800 in the 331 00:15:29,066 --> 00:15:31,367 review meeting or otherwise, or thoughts on that? 332 00:15:32,066 --> 00:15:32,200 No, 333 00:15:34,133 --> 00:15:37,166 we looked at the existing buffering. 334 00:15:38,767 --> 00:15:41,867 So they're not proposing any additional buffering, right? 335 00:15:42,266 --> 00:15:45,867 There is existing buffering on the nearest property line directly to 336 00:15:46,834 --> 00:15:47,000 the 337 00:15:48,667 --> 00:15:52,433 west, and then to the south there is the berm and 338 00:15:52,500 --> 00:15:54,433 also vegetation along there. 339 00:15:55,367 --> 00:15:58,467 But again, the distance from 340 00:15:58,567 --> 00:16:01,200 that pavilion to 341 00:16:01,266 --> 00:16:05,100 those property lines seems 342 00:16:05,133 --> 00:16:07,767 sufficient for that type of buffering. 343 00:16:08,967 --> 00:16:10,967 And then, yeah, consideration that 344 00:16:11,066 --> 00:16:14,767 the bounce pads or the use of that 345 00:16:14,867 --> 00:16:18,600 space was already for the 346 00:16:19,166 --> 00:16:22,634 business or for the operation of it, and it's not 347 00:16:22,667 --> 00:16:26,066 fundamentally changing by putting the pavilion there. 348 00:16:26,634 --> 00:16:30,367 And so that's where we came to the conclusion that the 349 00:16:30,400 --> 00:16:31,400 buffering from 350 00:16:32,500 --> 00:16:35,667 just in the space, but also the vegetative and the 351 00:16:35,967 --> 00:16:39,567 topography, the berm that they have there, we feel is sufficient 352 00:16:39,800 --> 00:16:43,600 buffering for any nominal noise. Ultimately, 353 00:16:43,667 --> 00:16:47,400 our understanding is there's no noise being created 354 00:16:48,433 --> 00:16:49,233 just from the 355 00:16:50,200 --> 00:16:51,266 pavilion itself. 356 00:16:52,100 --> 00:16:52,967 Thank you. 357 00:16:53,100 --> 00:16:53,300 Yeah. 358 00:16:53,934 --> 00:16:56,433 Yeah, that's a pretty substantial berm. 359 00:16:56,500 --> 00:16:57,100 You can see it- 360 00:16:57,266 --> 00:16:57,333 Yeah 361 00:16:57,734 --> 00:17:01,367 ... even from Sweet's Corners looking across there, and that's got to 362 00:17:01,400 --> 00:17:04,800 be, I don't know, 1,200, 1,500 feet back. 363 00:17:05,667 --> 00:17:05,700 Mm-hmm. 364 00:17:05,767 --> 00:17:05,934 So... 365 00:17:07,400 --> 00:17:07,767 Thank you. 366 00:17:17,300 --> 00:17:19,500 Okay. So any other 367 00:17:20,500 --> 00:17:21,367 discussion 368 00:17:22,200 --> 00:17:22,667 on the 369 00:17:24,800 --> 00:17:26,100 approval resolution? 370 00:17:30,033 --> 00:17:31,100 No? Okay. 371 00:17:32,433 --> 00:17:33,667 Motion to approve? 372 00:17:34,400 --> 00:17:38,166 So first can we have a motion for the adoption of 373 00:17:38,567 --> 00:17:39,934 parts two and three of the EAF? 374 00:17:39,934 --> 00:17:41,266 Oh, I'm sorry. I missed that. 375 00:17:43,367 --> 00:17:43,667 Okay. 376 00:17:44,100 --> 00:17:48,000 I move to approve parts two and three of the EAF. 377 00:17:50,400 --> 00:17:51,033 I'll second. 378 00:17:52,834 --> 00:17:53,333 Kauer? 379 00:17:53,900 --> 00:17:54,500 Kauer, aye. 380 00:17:54,767 --> 00:17:55,100 Aiken? 381 00:17:55,333 --> 00:17:55,867 Aiken, aye. 382 00:17:56,166 --> 00:17:56,600 Daly? 383 00:17:56,934 --> 00:17:57,500 Daly, aye. 384 00:17:57,800 --> 00:17:58,266 McCooy? 385 00:17:58,567 --> 00:17:59,200 McCooy, aye. 386 00:17:59,367 --> 00:17:59,734 Tydings? 387 00:17:59,767 --> 00:18:00,467 Tydings, aye. 388 00:18:03,600 --> 00:18:05,033 Okay. And then the 389 00:18:06,834 --> 00:18:09,667 resolution, I'll move to approve. 390 00:18:13,900 --> 00:18:15,700 I'll move to approve the resolution. 391 00:18:15,734 --> 00:18:16,734 Or you moved? 392 00:18:17,000 --> 00:18:18,600 Bob moved it. Second. 393 00:18:18,900 --> 00:18:19,333 Thank you. 394 00:18:20,100 --> 00:18:20,533 Kanakow? 395 00:18:21,000 --> 00:18:21,533 Kanakow, I. 396 00:18:21,900 --> 00:18:22,233 Aiken? 397 00:18:22,500 --> 00:18:22,967 Aiken, I. 398 00:18:23,300 --> 00:18:23,834 Daly? 399 00:18:23,934 --> 00:18:24,400 Daly, I. 400 00:18:24,734 --> 00:18:25,200 McCooley? 401 00:18:25,400 --> 00:18:26,233 McCooley, I. 402 00:18:26,233 --> 00:18:26,800 Tydings? 403 00:18:26,800 --> 00:18:27,166 Tydings, I. 404 00:18:32,266 --> 00:18:35,233 All right. 405 00:18:36,834 --> 00:18:39,300 Moving into the fourth tabled application, 406 00:18:39,667 --> 00:18:43,200 480-484 Plank Road, the Malcho's building 407 00:18:43,233 --> 00:18:44,200 addition. 408 00:18:45,100 --> 00:18:47,700 Going through the tabling resolution, there was 409 00:18:49,033 --> 00:18:52,400 concern about any 410 00:18:53,133 --> 00:18:56,133 spill or remediation information tied to this site. 411 00:18:56,233 --> 00:19:00,066 We were able to look closer and just at 412 00:19:00,133 --> 00:19:04,100 the history of the site and find that there was a spill record that 413 00:19:04,133 --> 00:19:08,033 dated back to 2004. But the DEC records and 414 00:19:08,133 --> 00:19:11,900 town records indicate that all of the required remediation was 415 00:19:11,900 --> 00:19:15,500 completed in 2006, and there haven't been any other 416 00:19:16,834 --> 00:19:20,700 spill records since that time. So we feel that at this time there's no 417 00:19:20,800 --> 00:19:24,500 other required remediation based on 418 00:19:25,300 --> 00:19:28,567 the town's knowledge and from what the DEC has reported. 419 00:19:29,867 --> 00:19:33,734 The one thing that we are following up on is 420 00:19:33,934 --> 00:19:37,900 there was also concerns about what prior approvals were tied 421 00:19:38,000 --> 00:19:41,800 to the 24/7 operation of the 422 00:19:41,834 --> 00:19:45,734 gas station convenience store. And we looked at the 423 00:19:45,900 --> 00:19:49,700 2013 conditional use permit and found 424 00:19:49,734 --> 00:19:52,133 that there were certain details of the 425 00:19:53,800 --> 00:19:55,634 approval of the conditional use permit. 426 00:19:55,667 --> 00:19:57,300 Two, in particular, 427 00:19:58,867 --> 00:20:02,767 the conditions stated that they would not change the 428 00:20:02,800 --> 00:20:06,266 means of ingress and egress, and they wouldn't 429 00:20:06,600 --> 00:20:10,567 add any additional lighting. So with those, we're 430 00:20:10,834 --> 00:20:14,266 considering that the conditional use permit will need to be 431 00:20:14,867 --> 00:20:15,533 either 432 00:20:16,600 --> 00:20:20,433 modified or expanded based on the 433 00:20:21,200 --> 00:20:25,166 road vies or with the submission of this site plan. 434 00:20:25,700 --> 00:20:29,600 So, we are working with the town attorney as well as 435 00:20:29,634 --> 00:20:33,333 the ZBA because this was a conditional use permit 436 00:20:33,433 --> 00:20:35,200 issued by the Zoning Board of Appeals. 437 00:20:35,700 --> 00:20:39,600 And so we're discussing with the town attorney and the zoning 438 00:20:39,600 --> 00:20:42,967 board liaison to figure out if this will go 439 00:20:43,033 --> 00:20:46,934 to the zoning board who originally cited, or 440 00:20:47,500 --> 00:20:50,734 the planning board now being the board of jurisdiction over this 441 00:20:52,166 --> 00:20:55,333 application for preliminary final site 442 00:20:55,400 --> 00:20:57,200 plan. And so, 443 00:20:58,300 --> 00:21:02,200 pending those decisions or pending more information, we recommend no 444 00:21:02,300 --> 00:21:05,967 action at this time considering we're still waiting for all the materials from 445 00:21:06,066 --> 00:21:08,433 the tabling resolution from the last meeting. 446 00:21:09,266 --> 00:21:09,533 Okay. 447 00:21:09,834 --> 00:21:13,634 Yeah. A motion to keep tabled. We can just take no action. Okay. 448 00:21:13,667 --> 00:21:16,333 Yeah, because it's the same terms of the last- Okay ... tabling resolution. 449 00:21:16,834 --> 00:21:18,600 Can I make one comment? 450 00:21:18,834 --> 00:21:20,033 Sure. 451 00:21:20,100 --> 00:21:23,600 Can the town provide that remediation history to the 452 00:21:23,700 --> 00:21:24,166 applicant? 453 00:21:24,400 --> 00:21:25,133 Yeah. Yes. 454 00:21:25,300 --> 00:21:27,634 I think it's important that they're aware of that. 455 00:21:28,066 --> 00:21:28,300 Yes. 456 00:21:29,667 --> 00:21:33,600 It didn't come up on 457 00:21:34,000 --> 00:21:34,333 the 458 00:21:36,300 --> 00:21:38,233 EAF mapper. And 459 00:21:39,066 --> 00:21:42,700 we're thinking that it didn't do that for one or two 460 00:21:42,734 --> 00:21:46,533 reasons. One being, it was tied to, I believe it 461 00:21:46,600 --> 00:21:50,400 was 1640 Empire Boulevard. And when the 462 00:21:50,433 --> 00:21:52,166 Malcho station was approved, 463 00:21:53,033 --> 00:21:56,634 I believe it was with that approval that they changed the address to the 464 00:21:56,767 --> 00:22:00,200 480 Plank Road. And then also, 465 00:22:00,734 --> 00:22:03,400 the remediation was completed in 2006. 466 00:22:03,800 --> 00:22:07,600 So we're thinking that the EAF mapper just didn't 467 00:22:07,900 --> 00:22:11,800 identify it either because the address wasn't quite right, hoping 468 00:22:11,834 --> 00:22:15,734 it's not just that. But it could have just been because 469 00:22:15,834 --> 00:22:19,767 remediation is complete, and it wouldn't trigger any additional review because 470 00:22:19,800 --> 00:22:20,166 of that. 471 00:22:22,000 --> 00:22:25,133 But yes, we'll provide that. And 472 00:22:26,433 --> 00:22:30,300 the decision on whether or not it goes to ZBA or planning board, 473 00:22:31,300 --> 00:22:31,634 definitely 474 00:22:32,533 --> 00:22:36,033 we want to have that well understood before we 475 00:22:36,100 --> 00:22:39,333 notify the applicant of what their next steps are, because then they'll have 476 00:22:39,333 --> 00:22:42,700 certain deadlines for getting to a public hearing before the 477 00:22:42,734 --> 00:22:45,400 ZBA or the planning board. 478 00:22:50,533 --> 00:22:50,734 Okay. 479 00:22:52,500 --> 00:22:54,500 So moving into our 480 00:22:55,367 --> 00:22:57,900 fifth tabled application, 1801. 481 00:23:00,834 --> 00:23:02,300 So the 482 00:23:04,233 --> 00:23:07,467 planning department prepared a lead agency letter to send 483 00:23:07,567 --> 00:23:11,467 out to Ag and Markets, New 484 00:23:11,500 --> 00:23:12,400 York State DEC, 485 00:23:13,567 --> 00:23:13,834 the 486 00:23:14,934 --> 00:23:18,033 New York State Office of Parks, Recreation, and Historic Preservation, 487 00:23:19,133 --> 00:23:20,233 and Monroe County Department of 488 00:23:20,300 --> 00:23:24,266 Planning and Development, 489 00:23:24,700 --> 00:23:28,433 Monroe County Water Authority, Penfield Town Board, and the Webster Central School 490 00:23:28,500 --> 00:23:28,900 District, 491 00:23:30,300 --> 00:23:34,200 where the planning board declares its intent to serve as lead agency 492 00:23:34,266 --> 00:23:35,000 for this project. 493 00:23:36,700 --> 00:23:40,100 And we also have a tabling resolution 494 00:23:40,133 --> 00:23:44,100 reflecting the board's intent to serve as lead agency. 495 00:23:47,500 --> 00:23:49,100 Okay, any discussion on that? 496 00:23:51,133 --> 00:23:51,734 Okay. I will 497 00:23:54,967 --> 00:23:57,734 take a motion to move that. 498 00:23:59,066 --> 00:23:59,233 Second. 499 00:23:59,634 --> 00:24:02,033 Sorry. Again, we want to keep the SEQR- 500 00:24:02,400 --> 00:24:03,233 Keep them separate 501 00:24:03,333 --> 00:24:03,367 ... table resolution separate. 502 00:24:03,400 --> 00:24:07,266 Okay. So first we'll declare the planning board as 503 00:24:08,000 --> 00:24:08,834 lead agency. 504 00:24:10,300 --> 00:24:10,700 And I'll 505 00:24:11,700 --> 00:24:12,433 make that motion. 506 00:24:13,300 --> 00:24:14,400 I'll second. Thank you. 507 00:24:16,166 --> 00:24:16,600 Knauer? 508 00:24:17,100 --> 00:24:17,800 Knauer. Aye. 509 00:24:17,900 --> 00:24:18,200 Akin. 510 00:24:18,600 --> 00:24:19,100 Akin. Aye. 511 00:24:19,333 --> 00:24:19,634 Daly. 512 00:24:19,934 --> 00:24:20,367 Daly. Aye. 513 00:24:20,634 --> 00:24:21,467 McCooey. 514 00:24:21,500 --> 00:24:22,266 McCooey. Aye. 515 00:24:22,300 --> 00:24:22,600 Tydings. 516 00:24:22,700 --> 00:24:23,767 Tydings. Aye. 517 00:24:27,200 --> 00:24:30,166 And then the second motion is for the tabling resolution. 518 00:24:30,233 --> 00:24:32,767 Yes, table pending written responses to the- 519 00:24:33,166 --> 00:24:34,266 Pending responses- 520 00:24:34,333 --> 00:24:34,500 ... pending resolution 521 00:24:34,500 --> 00:24:36,166 ... as described. 522 00:24:36,367 --> 00:24:36,500 Yeah. 523 00:24:37,500 --> 00:24:38,500 And I'll make that motion. 524 00:24:39,767 --> 00:24:41,066 Second. Thank you. 525 00:24:42,000 --> 00:24:42,400 Knauer. 526 00:24:43,066 --> 00:24:43,667 Knauer. Aye. 527 00:24:43,867 --> 00:24:44,266 Akin. 528 00:24:44,634 --> 00:24:45,300 Akin. Aye. 529 00:24:45,367 --> 00:24:45,700 Daly. 530 00:24:45,934 --> 00:24:46,400 Daly. Aye. 531 00:24:46,600 --> 00:24:47,066 McCooey. 532 00:24:47,400 --> 00:24:48,166 McCooey. Aye. 533 00:24:48,200 --> 00:24:48,700 Tydings. 534 00:24:48,800 --> 00:24:49,500 Tydings. Aye. 535 00:24:54,367 --> 00:24:58,166 And as Bob mentioned at the beginning of the meeting, just one last new business 536 00:24:58,233 --> 00:24:59,300 item. 537 00:25:00,467 --> 00:25:04,066 So at the March 12th meeting, we 538 00:25:04,100 --> 00:25:07,700 discussed the Bramble Ridge application 539 00:25:07,800 --> 00:25:08,500 at, 540 00:25:10,266 --> 00:25:14,200 sorry, 35 Apollonia Lane. And we 541 00:25:14,800 --> 00:25:18,467 voted on the chairman to sign the 542 00:25:18,467 --> 00:25:22,333 revised plat map, but we also wanted to take 543 00:25:22,467 --> 00:25:26,133 action to amend the approval resolution 544 00:25:26,300 --> 00:25:29,700 from November 13, 2025. So the approval 545 00:25:29,767 --> 00:25:33,700 resolution before you mentions how the applicant submitted a letter and a 546 00:25:33,734 --> 00:25:37,100 revised subdivision plan to the board, requesting an amendment to the original 547 00:25:37,166 --> 00:25:37,967 approval resolution, 548 00:25:39,000 --> 00:25:42,166 allowing for the merger of the proposed residential lot 549 00:25:42,200 --> 00:25:45,000 404 and the remaining lands, lot 405, 550 00:25:46,467 --> 00:25:50,066 changing the approval resolution from five 551 00:25:50,066 --> 00:25:53,567 lots to four. There's no change to the number of 552 00:25:53,600 --> 00:25:56,300 single-family dwellings on the 553 00:25:57,100 --> 00:25:57,667 subdivision. 554 00:25:59,834 --> 00:26:01,400 We also mentioned that 555 00:26:02,767 --> 00:26:06,166 it complies with all dimensional requirements of a rural 556 00:26:06,200 --> 00:26:09,934 agricultural two zoning district, and the town engineer 557 00:26:10,200 --> 00:26:13,467 indicated a preference for the stormwater detention area to be 558 00:26:13,600 --> 00:26:17,266 on the residential lot rather than on the remaining lands 559 00:26:17,400 --> 00:26:17,700 lot. 560 00:26:19,166 --> 00:26:22,667 And so, yeah, we're just looking for the board to 561 00:26:23,567 --> 00:26:27,066 vote on approving the amended approval resolution. 562 00:26:28,567 --> 00:26:28,967 All right. 563 00:26:30,033 --> 00:26:30,900 Any discussion? 564 00:26:32,467 --> 00:26:36,100 No. I'm just curious as I know that they were supposed to 565 00:26:36,266 --> 00:26:37,934 fix the roads and all the stuff. 566 00:26:38,066 --> 00:26:38,433 Yes. 567 00:26:38,467 --> 00:26:39,367 Where are we with that? 568 00:26:41,333 --> 00:26:43,734 I guess I don't know. I know that is 569 00:26:46,533 --> 00:26:49,667 one of the conditions in the original approval resolution. 570 00:26:49,700 --> 00:26:49,867 Right. 571 00:26:50,166 --> 00:26:53,567 And this approval resolution doesn't 572 00:26:54,166 --> 00:26:54,967 modify that. 573 00:26:57,567 --> 00:26:57,567 Okay. 574 00:26:57,667 --> 00:26:57,767 So 575 00:26:59,400 --> 00:27:00,934 it is compliance with 576 00:27:01,900 --> 00:27:02,033 the 577 00:27:02,867 --> 00:27:06,767 conditions approval of the seeker findings and the original approval resolution 578 00:27:06,834 --> 00:27:07,700 and these. 579 00:27:08,867 --> 00:27:12,700 Yes, I know that's something they've been working on and something that we've 580 00:27:12,767 --> 00:27:13,533 been, 581 00:27:14,500 --> 00:27:16,166 yeah, trying to 582 00:27:18,100 --> 00:27:21,166 require them or get them to address a number of years. 583 00:27:22,000 --> 00:27:25,767 But no, I don't have the latest on that, but I can follow up with the board on a 584 00:27:25,867 --> 00:27:26,667 condition of that. 585 00:27:27,133 --> 00:27:28,000 Yeah. Okay. Great. 586 00:27:28,333 --> 00:27:28,433 Yeah. 587 00:27:28,500 --> 00:27:28,734 Okay. 588 00:27:31,800 --> 00:27:33,300 Okay, with that, I'll 589 00:27:33,400 --> 00:27:38,266 make 590 00:27:38,300 --> 00:27:39,767 a motion to 591 00:27:40,867 --> 00:27:43,166 revise the original 592 00:27:44,600 --> 00:27:47,333 approval resolution as noted. 593 00:27:48,867 --> 00:27:50,100 I'll second. Thank you. 594 00:27:51,166 --> 00:27:51,600 Knauer. 595 00:27:52,200 --> 00:27:52,767 Knauer. Aye. 596 00:27:53,000 --> 00:27:53,367 Akin. 597 00:27:53,600 --> 00:27:54,166 Akin. Aye. 598 00:27:54,533 --> 00:27:54,867 Daly. 599 00:27:55,300 --> 00:27:55,800 Daly. Aye. 600 00:27:56,000 --> 00:27:56,834 McCooey. 601 00:27:56,867 --> 00:27:57,533 McCooey. Aye. 602 00:27:57,767 --> 00:27:58,133 Tydings. 603 00:27:58,233 --> 00:27:58,967 Tydings. Aye. 604 00:28:04,100 --> 00:28:06,834 Okay. Anything else before the board? 605 00:28:07,100 --> 00:28:09,200 That was all the business I had for the board this evening. 606 00:28:09,867 --> 00:28:11,567 Okay. Thank you everyone. 607 00:28:12,467 --> 00:28:14,834 I'll call this meeting adjourned.