PLANNING BOARD MINUTES
May 12, 2008

Posted 06/11/08

PRESENT
Jeff House, David Jefferson, Robert Gruber, Anne Christ

ALSO PRESENT
Karen Green, Town Board Liaison, Richard Williams Planning Board Attorney, Martin Brewster Director of Planning, Zoning & Development, Doug DeRue Planning Assistant, Linda Dzakowic Planning Secretary

ABSENT
Larry Magguilli, David Wigg, Rhett Smith

Jeff House called the meeting to order at 7:35 pm.

DECISION PENDING

3000-3060 Monroe Avenue / Oak Hill Commons / Preliminary Site Plan
Tax Parcel #138.17-01-13, 150.08-01-60.1, 61.1, 62.1, 63, 64.1, 65.1, 79.11, 80

Don Lasher was present representing Buckingham Properties request for Preliminary Site Plan Approval.

Mr. House motioned to approve the SEQRA resolution and read the Findings of Fact into the record. Anne Christ seconded the motion. The Board voted to grant approval.

FINDINGS OF FACT

1. In general the site plan application materials submitted by Buckingham Properties, the subsequent response to the DRC review, and the various plan revisions represent considerable responsiveness to the purpose and intent of the Design Guidelines where it is practical.

IMPACT ON LAND

2. Small to moderate impacts related to construction can be mitigated through compliance with usual erosion control practices and the implementation of generally accepted construction practices.
   
3. There is some potential that construction may take place for over one year. The associated impacts are not significant and temporary in nature.

IMPACTS ON WATER - DRAINAGE

4. The applicant's engineer, Fisher Associates, prepared a stormwater pollution prevention plan and report published February 2008 and revised March 2008. The report addresses potential impacts of construction phase and post construction impacts on stormwater runoff and demonstrates the project will satisfy requirements of NYS DEC Phase II Stormwater Regulations and Town of Pittsford drainage control laws. Surface water runoff onto adjacent properties will be reduced as a result of this project. The applicant has reached an agreement with Oak Hill Country Club regarding stormwater discharges onto their property.

IMPACT ON AESTHETIC RESOURCES AND RESIDENTIAL PROPERTIES

5. Views of parking areas and lighting from public highways are not incompatible with the existing surrounding area. The implementation of an appropriate buffering plan on the "Oak Hill" side of the project can provide reasonable mitigation of views of the parking area by adjacent properties. Use of cut-off type lighting fixtures, specific locations of fixtures and restrictions on levels of illumination and timing will further mitigate impacts.
   
6. Conditions imposed on the re-zoning of a portion of this property will further mitigate or reduce impacts to adjacent residential properties.
   
7. This action is substantially a re-development of pre-existing commercial uses that have existed on this site in different form for over 50 years. Existing commercial buildings will be demolished and replaced with new structures having an architectural style more consistent with a residential neighborhood.
   
8. The majority of nearby residential properties are not adjacent to the proposed development. They are currently afforded significant buffering in the form of over 300 feet of a well-maintained golf course, which contains substantial landscape plantings.

IMPACT ON HISTORIC RESOURCES

9. The close proximity of the project to the nationally registered Spring House and the Old Erie Canal sub-area has resulted in a greater sensitivity to the architectural integrity of the project. The new buildings "emulate the architectural style and character of earlier canal-era buildings" encouraged by the Monroe Avenue Design Guidelines. The Monroe Avenue Design Guidelines to a large extent have established standards and guidance to the applicant sufficient to minimize those impacts.
   
10. The Town Board, Planning Board, Historic Preservation Commission and Architectural Review Board have spent a considerable amount of time evaluating the plan and the many revisions to it. It is felt that the combined efforts of all involved have lead to the development of a design that is interpretive of the historic architecture and its construction will not adversely affect the visual impact of the Spring House or the Old Erie Canal sub-area.
    
11. The new buildings "emulate the architectural style and character of earlier canal-era buildings" encouraged by the Monroe Avenue Design Guidelines.
    
12. The new construction will not encumber the Old Erie Canal sub-area and will expand its visibility and accessibility to the general public.
    
13. Architectural diversity has been employed in the design of the rooflines, gable orientation, fenestration and exterior materials.
    
14. Front porch elements have been used to provide continuity in the design features of all the proposed building and provide shelter for pedestrians.

IMPACT ON OPEN SPACE AND RECREATION

15. This action will have a significantly positive impact on recreation and open space resources, more specifically the Auburn Railroad Right of Way and trail, and the Old Erie Canal Trail. It is the opinion of the Planning Board that this site is the logical beginning or end point of this trail. The Planning Board will require that the Auburn Railroad Trail be extended from the southeast through the land on the "Oak Hill" side where it could connect to the Spring House property and canal trail.
    
16. Adequate pedestrian access will be provided as part of the final site review.

IMPACT ON TRANSPORTATION

17. This action will have a small to moderate impact on traffic associated with additional vehicle trips and revisions to access on Monroe Avenue. Additional vehicle trips and turning movements on Monroe Avenue will be relatively minor as compared to approximately 33,000 average trips per day on this highway. The Town Staff, the Town Engineer, the Applicant and the NYSDOT met as part of a previous application and have given careful consideration to the proposed plan and possible alternatives including other access locations and a signalized intersection.
    
18. The NYSDOT has taken the position that the traffic generated by this action and the existing use will not meet the warrants required for a traffic signal and a traffic signal would have a negative impact on the flow of traffic on Monroe Avenue. Implementation of the access plan as proposed will not necessarily preclude the installation of a signal if it should be determined appropriate at a later date.
    
19. In a letter from the NYS DOT to the Town of Pittsford Deputy Commissioner of Public Works dated November 25, 2002, the NYS DOT agreed to an access plan similar to the current proposal. The NYS DOT did not believe that further review or analysis of traffic impacts is necessary.
    
20. The plan as proposed will result in a reduction in the number of curb cuts on Monroe Avenue and associated reduction in the number of points of vehicular conflict in those areas. There are provisions for vehicular interconnection and improvements to interconnection for a majority of the site. This will serve to further minimize points of vehicular conflict.

NOISE AND ODOR IMPACTS

21. The surrounding area has an above average ambient noise level associated with a highly traveled commercial corridor and arterial highway. Potential impacts of noise generated by parking lots adjacent to residential properties can be partially mitigated by the construction of a board fence type sound barrier. Building construction may minimally reduce noise from Monroe Avenue.
    
22. Noise impacts associated with site construction are unavoidable and temporary in nature.
    
23. Existing Code restricts hours of refuse removal and deliveries to (No trucks shall operate on the premises between the hours of 8:00 p.m. and 6:00 a.m. local time. Trash removal and similar services shall be carried out between 7:00 a.m. and 7:00 p.m. local time) Enforcement of Town Code will reduce potential impact to adjacent residential properties.
    
24. The Pittsford building department will require that demolition and disposal of the existing buildings will be performed in accordance with all applicable NYS regulations.
    
25. LaBella Associates has reviewed a number of environmental audits and studies prepared for the various parcels within the site. Correspondence received from LaBella Associates on behalf of Buckingham Properties provided a summary and some conclusions regarding potential environmental contamination associated with the site more particularly #3000 and #3060 Monroe Avenue. The correspondence suggests the potential of residual petroleum impairments within small areas on the site and possible need for further investigation and remediation. These actions, if necessary, can be required as a condition of approval and can take place during the site development process. This action will not result in a significant risk to the health and safety of the public.
    
26. Records indicate that there is a definite potential presence of prehistoric resource in the form of eurypterid fossils within Pittsford Shale, which may lie under this site. This resource was encountered during Wegman's site construction. The Planning Board can require that a qualified geologist or paleontologist be retained to be available during times of construction when Pittsford Shale might be encountered so the fossils may be recovered.

Bob Gruber made a motion to approve the preliminary resolution, Anne Christ read the Conditions of Approval into the record. David Jefferson seconded the motion and the Board voted to grant approval.

CONDITIONS OF APPROVAL

1. Subject to resolution to or compliance with the applicant's written response to the Town's DRC report dated March 7, 2008, and responses dated March 20, 2008 and revised response dated April 10, 2008 unless specified otherwise herein.
   
2. This approval is subject to the applicant's receiving all necessary variances, from the ZBA, as referred to in the within Findings. This Board supports the requested variances, based upon the Findings that relate to such proposed variances, set forth above.
   
3. Final plans are to include revisions in parking area for Building #1 as shown on revised plans received on April 28, 2008.
   
4. Final site plan applications for any of the subject properties must include written confirmation that owner and it's successors will not unreasonably deny public access for the purpose of the trails and their interconnection. Site-specific access easements may be required.
   
5. Site lighting shall be provided consistent with the purpose and intent of the Design Guidelines average levels of illumination in parking areas shall not significantly exceed minimum levels identified in the ninth edition of the IESNA handbook for low activity open parking facilities. Pedestrian crossing areas may be lit up to 2 times average level of parking area. Architectural style and detail will be subject to further review and approval by the Planning Board and ARB.
   
6. Final lighting plans must include a photometric printout of level of illumination as well as a schedule of minimum, maximum and uniformity ratio.
   
7. Final plans must show all proposed building mounted lighting. Site lighting facing residential properties shall be cut-off type fixtures that will minimize impact on adjacent property. Excessive illumination of exterior building walls will not be permitted.
   
8. Parking lot lighting should be cut-off type fixtures at a height not to exceed what is necessary to meet Town requirements. Lights are to be equipped with house side shields as necessary and placed to minimize impacts to residential properties.
   
9. Levels of illumination (at grade) along the common property line with Oak Hill and residential properties shall generally not exceed 0.2 foot-candles.
   
10. Parking lot lights may have to be equipped with timed and/or photocell switches. Limits on hours of lighting will be considered as part of the final approval.
    
11. The applicant may, at their discretion negotiate with adjacent residential zoned property owners to allow bufferyard planting on the residential side of the property line.
    
12. Landscaping plans must be prepared by a licensed landscape architect.
    
13. Bufferyard for the "Oak Hill side" shall meet the standard "G" (see attached), which will require an 8' fence or masonry wall in those areas within close proximity to residential properties. It will be subject a height variance that must be granted by the Zoning Board of Appeals. Buffer plantings may have to be extended southwest at west property line to screen West End of the parking area. If a wooden fence is chosen it shall be board on board pressure treated yellow pine or cedar in order to mitigate potential noise impacts. Details of fence construction will be subject to further review and approval by the Planning Board and ARB. Design guidance will be provided by the DPW upon request. It is recognized that the DPW may allow existing plant materials to be counted to meet Bufferyard requirements.
    
14. Sidewalk access adjacent to building walls shall be a minimum of 7' in width (8' preferred).
    
15. As part of the final site plan approval process the applicant must provide written verification of NYS DOT, RG&E and Monroe County Water Authority approval of all proposed improvements and plantings within their easements or right of way areas.
    
16. In order to ensure there is adequate parking, final site plan approval will be conditioned on restricting Office use to non-medical offices. Further specifics will be provided as part of the final site plan approval.
    
17. Final building design shall be subject to a further ARB review of building color, materials and architectural fenestration.
    
18. The final site plan process may involve further consideration of site development details associated with:
    
    • Pedestrian access from the Monroe Avenue sidewalk to the rear of Buildings 3, 4, and 5.
    • Further investigation and remediation of possible site contamination. This would apply to demolition of existing buildings as well as site development activities. It may require that this work be monitored by the NYS DEC.
    • Contingency plans in the event "Pittsford Shale" is encountered during site construction activities.
    • Planning Board approval of a sign package as required by Town Code.
    • The granting of a stormwater maintenance/easement agreement in compliance with local law.

PUBLIC HEARINGS CONTINUED / DECISIONS PENDING

3240 - 3246 Monroe Avenue - Pittsford Square Plaza
Sign Package for Plaza
Tax Parcel #150.12-1-10.1

The applicant was not present and there was no public comment on this application to approve an overall sign package for all of the buildings and tenants in the Pittsford Square Plaza. The hearing was closed.

Jeff House motioned to approve the SEQRA resolution as written. Anne Christ seconded the motion. The Board voted to grant approval.

Jeff House made a motion to approve the resolution. Anne Christ seconded the motion and the Board voted to grant approval. The approved resolution included the following conditions:

CONDITIONS OF APPROVAL

1. This approval is based on the attached Excel Spread sheet, dated May 8, 2008
2. All new signage is subject to approval by the Architectural Review Board, prior to installation.

4141 & 4245 East Avenue - Nazareth College of Rochester
Change of Use & Extension of Temporary Classroom Use
Special Permit
Tax Parcel #151.140-01-1.1

Phil Sylvestri of Harter Secrest Emery, LLP explained with the completion of the new dorm student housing would not be required any further at 4141 East Avenue. The College is requesting permission to return the building to office space. The offices at 4141 East Avenue would serve as the Admissions Building and Mr. Sylversti further requests 2-way access from the adjacent parking lot onto East Avenue.

Ms. Ferber indicated the current admissions building located near the Arts center would be converted to offices for the music department and the current offices back into practice rooms.

Mr. Sylvestri explained the College use of the modular classrooms approved by the Board in 2001 would be extended to June of 2010 when approved.

There was no public comment and the hearing was closed.

Anne Christ made a motion to approve the resolution. David Jefferson seconded the motion and the Board voted to grant approval. The approved resolution included the following conditions:

CONDITIONS OF APPROVAL

1. Subject to compliance with or resolution to DRC report comments dated May 9, 2008
2. The College must continue to maintain appropriate emergency access.
3. The Temporary Classrooms shall not remain past June 2010 without an additional Special Permit being approved by the Pittsford Planning Board.
4. Exterior modifications to the original #4141 home must be in keeping with the existing architectural features and not result in a significant change to the exterior appearance of the building.
5. Subject to all applicable regulatory approvals.
6. Subject to all applicable Building Codes.

3400 Monroe Avenue
Tasteology Restaurant
Special Permit
Tax Parcel #150.16-2-3

The applicant was not present as discussion took place regarding this application requesting modification of special to allow 5 tables to accommodate up to 14 diners on the front veranda of the existing restaurant There was no public comment and the hearing was closed.

Jeff House made a motion to approve the resolution. Bob Gruber seconded the motion and the Board voted to grant approval. The approved resolution included the following conditions:

CONDITIONS OF APPROVAL:

1. All applicable Building Codes must be complied with.

Scutti Residence
Extension of Preliminary Subdivision approval
Tax Parcel #163.030-01-063.111, 063.210, 056.210

The applicant requesting an extension of the preliminary approval was not present.

Jeff House made a motion to approve the resolution. Bob Gruber seconded the motion and the Board voted to grant approval. The approved resolution included the following conditions:

CONDITIONS OF APPROVAL

1. Subject to previous conditions of approval as stated in the Planning Board Preliminary Subdivision Resolution dated November 12, 2007.

NEW PUBLIC HEARINGS

4045 East Avenue - Irondequoit Country Club
Preliminary/Final Site Plan/Special Permit
Tax Parcel #151.050-01-056.1

Ed Parrone of Parrone Engineering and John August President of the Country Club were present to discuss the demolition and reconstruction of a portion of the existing Irondequoit CC. The improvements will enlarge the original footprint of the club and allow members a more appealing view of the course with enhancements to the dining room, grill room, pro shop and creation of a new staging area. Mr. Parrone also explained proposed grading improvements and indicated a retaining/parapet wall would make the pool and old tennis court areas more compatible to the public.

Anne Christ inquired how the old tennis courts are used and Mr. August explained the area is used to stage tents for a variety of social activities involving club members.

Mr. Parrone indicated review was underway on the DRC comments and they await comments from the County. There was no public comment and the hearing remains open.

Cottages at Malvern Hills
Preliminary Subdivision
Tax Parcel # 178.030-2-28.2

Lee Sinsebox of Costich Engineering received the DRC comments and addressed the proposed layout for this preliminary application. Marie Kenton of Ketmar commented on the choice of 3 home plans each with a 3-car garage. Mrs. Kenton discussed the positioning of patios or decks allowed some choices in order to fit on certain lots. She noted the curved roadways afforded a slightly larger lot for the homes proposed as1 story with hip roofs. Walkouts could be available depending on location.

Mr. Sinsebox addressed delineation of rural conservation boundaries. He felt the homeowners association would leave the rural conservations areas slightly longer (a bit like a meadow). A trail system is proposed along the perimeter of the subdivision and several types surface materials are under review.

Mrs. Kenton indicated a Phase 1B archaeological study of the grounds by Powers & Teremy, LLC found nothing of interest and presented the Board with a copy of the report.

Mr. House asked the secretary of the board to reproduce the report for all board members.

There was no public comment and the hearing remains open.

APPROVED
April 28th Planning Board meeting minutes were approved by voice vote.

The hearing was adjourned at 9:00 p.m.