COUNTY OF ORLEANS PLANNING BOARD County Planning Board …€¦ · Chairperson Brian Napoli called the regular meeting of the Orleans County Planning Board (CPB) to order at 7:04

Orleans County Planning Board Minutes 1 January 25, 2018

Brian Napoli, Chairperson Tibbs Ahlberg, Vice-Chairperson

COUNTY OF ORLEANS

PLANNING BOARD

14016 Route 31 West

Albion, New York 14411-9382

(585) 589-3198

County Planning Board Minutes

Regular Meeting County Administration Building

January 25, 2018 Conference Room C, 7:00 p.m.

CPB ATTENDING: Brian Napoli, Dan Strong, Paul Hendel, William Camann, Michael Grabowski,

Tracy VanSkiver, Terry Brown, Kevin Johnson, Andrew Kludt, Tim Elliott,

Kirk Myhill, Elaine Berg, Gary Daum, Wesley Miller, Marty Busch, Kelly

Cousins, Jean Benson

CPB EXCUSED: Tibbs Ahlberg, Ron Vendetti, Thomas Keeler

CPB ABSENT: Tom Fenton, Christine Buongiorne

GUESTS: Ken DeRoller, John DeFilipps, Cheyenne Farewell, Rochelle Horner, Jim

Simon, John Riggi, Taylor Quarles, David Snell, Dan Wolfe, Brenda Benjovsky,

Scott Bennett, LuAnn Tierney

STAFF: Jim Bensley, Sarah Gatti, Tim German

Chairperson Brian Napoli called the regular meeting of the Orleans County Planning Board (CPB) to

order at 7:00 p.m. He welcomed all present, noting the attendance of several elected officials.

Kirk Myhill made a motion for APPROVAL of the minutes from the November 16, 2017 regular

meeting as submitted, seconded by Kevin Johnson and carried unanimously.

NEW BUSINESS

Dan Strong, spokesperson for fellow Nominating Committee members Gary Daum and Kirk Myhill,

recommended Brian Napoli and Tibbs Ahlberg retain their positions as Chairperson and Vice-

Chairperson of the Board. Chairperson Napoli accepted the nomination and opened the floor to other


nominations, of which there were none. Paul Hendel made a motion to close the floor to further

nominations and to APPROVE the appointment of Brian Napoli as Chairperson and Tibbs Ahlberg

as Vice-Chairperson of the Orleans County Planning Board in 2018, seconded by Terry Brown and

carried unanimously.

Director Jim Bensley of the Orleans County Department of Planning and Development (OCDPD)

presented the meeting calendar for 2018, noting that meetings will continue to be held on the fourth

Thursday of each month with referrals due at least one week prior to the meeting date. The exception

being the months of November and December when the meeting will be held earlier in the month to

avoid any conflict with the holidays. Tim Elliot made a motion to APPROVE the 2018 calendar,

seconded by Elaine Berg and carried unanimously.

Director Bensley presented the updated CPB roster, noting that new three year terms began for CPB

representatives for three municipalities as follows:

Carlton Terry Brown Full, William Camann Alternate

Clarendon Kevin Johnson Full, Russell Bosch Alternate

Shelby Kirk Myhill Full, (Alternate position vacant)

Tim German, Planner for OCDPD, presented the by-laws of the CPB, and asked members for any

suggested revisions. It was decided to defer the discussion of the by-laws until the next meeting, to

give members time to review them. Director Bensley noted that the CPB can vote on any revisions, but

they would then have to be sent to the County Legislature to be passed by resolution.

Sarah Gatti, Planner for OCDPD, presented an overview of 2017 referrals. She stated that the CPB saw

35 more referrals in 2017 than in 2016, an increase of 66 percent. In addition, 46 of 73 referrals were

recommended for approval or conditional approval, and the number of site plan review and special use

permit requests more than doubled from 2016.

Mr. German presented the land use training course offerings for the upcoming workshop to be held

May 31st at the Hoag Library in Albion. He asked the CPB members to review the list and select

possible topics. Topic selection will occur at the next meeting of the CPB.

Zoning Referrals

18-01 BARRE Request for Area Variance for Non-Conforming Lot on Route 98

(tax parcel 95.3-1-15.1) in General Business District

LuAnn Tierney, Chairperson of the Barre Zoning Board of Appeals, stated that there are many non-

conforming parcels near the parcel in question. The parcel in question was altered contrary to the

Town’s zoning; there is essentially no setback along the south side of the building and a minimum lot


width variance of 147 feet is needed along the east face of the building. She noted that the amount of

relief needed is significant and that there are safety and traffic concerns.

Mr. Strong stated that his concern is that, given the limited space on the north, west, and south sides of

the building, fire suppression could become a problem if a fence were to be constructed around the

building. In this case, the only way to get around the building would be by scaling the fence, and

transferring the piece of real estate in question may compound the problem. He stated that any

disagreement between the neighboring landowners could make the situation even more difficult.

Jean Benson asked if there is any parking on the site. Ms. Gatti replied that there is theoretically

enough space to park, but it would be very close to Route 98 and would neither be safe nor would it

meet parking requirements. Gary Daum stated that at past events held at the Grange, cars would park

along the side of the road and on the neighboring lot. However, it is now a very high-traffic area.

Ms. Benson asked about the proposed use of the building. Ms. Tierney replied that the prospective

buyer was considering using it for storage but may have backed out of the sale. There is no room on

the lot for a septic system and the building does not have water connected. Mr. Hendel asked what

specifically would be stored in the building. Ms. Tierney replied that she did not know. There is access

to the building from the front and back doors. There is no door on the north side of the building.

Ms. Benson asked how the building can be without a septic system. Scott Bennett, representing the

Barre Presbyterian Church, stated that the building has been used exclusively for chicken barbeques

and garage sales for the past 40 years.

Dan Strong pointed out that if the building will be used for storage, there will need to be enough space

to allow loading and unloading.

David Snell of Snell Realtors made the case that there is enough space in front of the building to

parallel park two cars, and that holding tanks may be used instead of a septic system. He compared the

building to the row-type buildings in downtown Albion, in that they can only be accessed from the

front or rear. He stated that he is in favor of the use that is being proposed, and that it would be

preferable to have the building in use rather than allow it to fall into disrepair. Dan Strong replied that

the heart of the matter is that the lot could become a detriment to the town. Marty Busch further

pointed out that the staff recommendation clearly states that pre-existing non-conforming lots may not

be further reduced in size, pursuant to the Town’s Zoning Ordinance. Chairperson Napoli agreed that

the CPB bases its recommendations on the local ordinance.

Mr. Brown asked how old the building is and if it is historic. William Camann replied that it is not

historic to his knowledge. David Snell noted the need to increase property values, as they have been

falling across the County recently. Ms. Benson asked if Barre has a hamlet district. Ms. Gatti clarified

that the subject lot is in a General Business district. Ms. Benson asked what would need to be done to

make the lot conforming. Ms. Gatti replied that the building would need to be moved to another lot,


although the lot itself would still be non-conforming in size. She also stated that only the area

variances associated with the parcel’s subdivision are in question. Any other future uses could come

back to the CPB, and denial of the variance would not necessarily restrict future potential uses.

Gary Daum noted the upcoming bicentennial for the Town of Barre, and that the Grange is one of the

few buildings in the Town that has not changed over the years. Re-use of the building is worth looking

into, but not at the expense of going against the Town’s zoning.

RECOMMENDATION for 18-01: Paul Hendel made a motion for DENIAL, seconded by Andrew

Kludt and carried by all voting members (Wesley Miller abstaining).

18-02 YATES Request for Amendment to Zoning Ordinance: Revising Wind

Energy Facilities Law of 2008

Mr. Daum stated that the new law is the result of collaboration between the Yates Planning Board and

Town Board. The law was originally adopted in 2008. He then turned over the floor to Town

Supervisor Jim Simon. Supervisor Simon stated that the ongoing Western Orleans Comprehensive

Plan (WOCP) update as well as the Kendall-Yates-Carlton Local Waterfront Revitalization Plan (KYC

LWRP) amendment have re-affirmed and updated the goals and objectives of Yates and neighboring

municipalities. The Town of Yates volunteered to be involved in the Consensus Building Institute’s

Renewables on the Ground Round Table via teleconference. The discussion was centered around how

New York State’s energy goals can be met, with a focus on solar and wind. He stated the Town

officials have been in an ongoing learning process regarding these developments.

Supervisor Simon cited the United States Fish and Wildlife Service (USFWS) as recommending that

no industrial wind energy facilities be sited within three miles of the shoreline of the Great Lakes. He

also cited a rule adopted by the State of Vermont Public Utilities Commission under the State Public

Service Board, regarding acceptable noise emissions from wind turbines. A second part of the rule

regarding setbacks based on turbine height was not adopted but was nonetheless recommended by

experts. He noted that New York State has to date failed to adopt standards of its own. The Town also

researched setback regulations in other towns and found a range of setback dimensions.

Mr. Hendel asked if anyone has mapped out where wind turbines will be allowed under the new

ordinance. Supervisor Simon responded that he has not, but the three-mile setback from Lake Ontario

would preclude wind turbines from being sited the northern part of the Town. He mentioned the

Article 10 siting board, and its stated intent to respect the local ordinances of subject municipalities.

Mr. Hendel stated that if and when this law goes to court, he wants to be sure that the CPB will not be

named in any litigious actions that may take place. He said that while he respects the rights of towns to

enact their own laws, he also wants to protect the CPB. Director Bensley replied that the same issue

was raised in 2016 when the law was last amended, and that since the CPB is not a final action body

and only issues advisory recommendations, it would not be party to any lawsuit.


Mr. Brown stated that it seems that given the setback requirements, one would need a property of one

mile by one mile in order to site a turbine. Supervisor Simon replied that that is not necessarily the

case. He cited the need to protect non-participating landowners and to protect the rural, leisure-based

nature of the area, and also to protect the lakefront along with its migratory paths.

Ms. Benson asked why these particular distances were recommended. Supervisor Simon replied that

the general consensus is that noise and infrasound cause sleep disturbance and can lead to physical

problems over time. He cited the World Health Organization’s recommended limits to nighttime noise

levels, saying that noise will travel further over flat terrain. The height of turbines has grown from 500-

feet to over 700 feet since the Town has first enacted their Wind Energy Ordinance, hence the need for

the amended ordinance.

Taylor Quarles, representing Apex Wind Energy, stated that he understands the decision of the Town,

but in regard to Mr. Hendel’s question about the ultimate result of the ordinance, the Law essentially

represents a wind energy ban. He said that Apex has submitted comments heavily disputing the claims

made by the Town Board, and that the USFWS has made no recommendation specific to the

Lighthouse project. He stated that Apex works with USFWS to design wildlife studies and ensure

proper siting of facilities, and that the noise limit given by Supervisor Simon roughly represents

normal background noise.

Andrew Kludt asked what exactly is meant by infrasound. Supervisor Simon replied that it is sound

that is below the audible range. He stated that it can cause health problems, particularly in people with

autism or other conditions, and must be accounted for by developers. He stated that the USFWS

recommendation does in fact apply to the Lighthouse project in Yates and Somerset, as the agency has

monitored the site for potential impacts to birds and bats and has stated that the risk could rise to

severe levels.

Ms. Berg asked if there was a lot of public input regarding the law. Supervisor Simon replied that the

Town did receive a lot of input both for and against it. He said that while he and the developer do not

see eye to eye, they have made an effort to be collegial and understanding of one another throughout

the process. Some residents even want the new law to go further. He said that in the Town of Somerset,

wind turbines were previously only permitted in industrial zones, which did in effect constitute a ban.

He also stated that the Town’s residents are overwhelmingly in support of the new law, with good

science to support it.

Dan Strong asked if there have been any studies done to examine the potential reduction in property

values stemming from wind developments. Supervisor Simon stated that there have been studies cited

by those both for and against wind energy, that there is a wide spectrum of stated economic impacts,

and that it is difficult to obtain current and up to date studies. He further stated that one professor cited

a 14 percent reduction in property values.


RECOMMENDATION for 18-02: Martin Busch made a motion for APPROVAL, seconded by Kelly

Cousins and carried by all voting members (Gary Daum abstaining).

OTHER BUSINESS

Director Bensley announced that the Department of State approved grants for Orleans County and the

Village of Medina for the Erie Canal LWRP, with $62,000 going to the County and $32,500 going to

Medina. This will be a collaborative project involving all towns and villages adjoining the canal in the

County, and it will likely be several months before the next steps of the process take place.

Ms. Gatti presented a letter draft letter to be sent to local land use officials regarding the importance of

the CPB receiving referrals that are complete and containing the required content. Terry Brown made a

motion to APPROVE the letter, seconded by Gary Daum and carried unanimously.

County Legislator Ken DeRoller addressed the CPB regarding the recent clearing of the Erie Canal

banks. He stated that the project was possible following the transfer of the New York State Canal

Corporation from the Thruway Authority to the New York Power Authority, and that the intent of the

project was to address potential deterioration of the canal banks brought on by pressure from the root

systems of the trees.

ADJOURNMENT

There being no further business, Tim Elliot made a motion to ADJOURN at 8:10 PM, seconded by

Andrew Kludt and carried unanimously.

Respectfully Submitted,

Timothy German

Acting Executive Secretary

Orleans County Planning Board Minutes 1 March 22, 2018


COUNTY OF ORLEANS

PLANNING BOARD

14016 Route 31 West


(585) 589-3198



March 22, 2018 Conference Room C, 7:00 p.m.

CPB ATTENDING: Brian Napoli, Ron Vendetti, Paul Hendel, Kevin Parker, Tom Fenton, Michael

Grabowski, Terry Brown, Kevin Johnson, Andrew Kludt, Gary Daum, Wesley

Miller, Kelly Cousins, Monica Seeler

CPB EXCUSED: Elaine Berg, Marty Busch, Kirk Myhill, Dan Strong

CPB ABSENT: Tibbs Ahlberg, Tracy VanSkiver, Thomas Keeler

GUESTS: Daniel Seeler

STAFF: Sarah Gatti, Tim German

Chairperson Brian Napoli called the regular meeting of the Orleans County Planning Board (CPB) to

order at 7:00 p.m. He welcomed all present.

Andrew Kludt made a motion for APPROVAL of the minutes from the January 25, 2018 regular

meeting as submitted, seconded by Ron Vendetti and carried unanimously.

OLD BUSINESS

Timothy German, Planner for the Orleans County Department of Planning and Development (OCPD),

asked the CPB for proposed revisions to the by-laws that were distributed at the previous meeting.

Chairperson Napoli suggested three revisions:

Revising the language of Section 3 to account for the possibility of a January meeting being

cancelled


Revising the language of Section 4 regarding meeting cancellation by majority vote of members

present

Adding the Pledge to the Flag to Proceedings under Section 9

Sarah Gatti, Planner for OCDPD, stated that the procedure for updating the by-laws is to draft the

revisions, present them to the CPB for a motion, and send them to the Legislature to be approved by

resolution.

Mr. German asked the CPB for suggested course selections for the upcoming land use training at the

Hoag Library. Paul Hendel noted that there has not been a basic training course offered in some time,

and suggested Introduction to Planning and Zoning for those local land use board members who may be

new to the job. Terry Brown suggested orienting new board members toward attending the introductory

courses. Kelly Cousins noted that some of the introductory courses are also offered online. Mr. Hendel

also suggested the Case Law course. Chairperson Napoli noted that the Department of State (DOS)

trainers must send an attorney to teach that course. Ms. Gatti suggested choosing alternative courses in

the event that an attorney is not available. Ron Vendetti suggested the State Environmental Quality

Review (SEQR) course. Ms. Cousins suggested the Historic Preservation course. The Comprehensive

Planning course was also suggested. Ms. Gatti stated that she would confer with DOS and report back.

NEW BUSINESS

Ms. Gatti announced that the Lyndonville Village Board and County Legislature have approved a tax

exemption area on the east side of Main Street between Eagle Street and Riverside Drive. Property

owners making improvements to historic structures in this area will see no increase in their property tax

assessments for five years, after which the assessment will increase twenty percent annually until full

assessment is reached. Ms. Cousins stated that the Village hopes that this will be an incentive for

investment in the buildings. In addition, the Lyndonville School District and Town of Yates are

considering following suit.

Ms. Gatti also announced the Genesee/Finger Lakes Regional Planning Council’s Local Government

Workshop to be held at the Burgundy Basin Inn in Pittsford on May 18th. Attendees will earn credits

toward their required annual hours of training.

Zoning Referrals

18-04 CARLTON Request for Amendment to Zoning Ordinance: Regulating Solar

Energy Systems

Ms. Gatti presented the referral to the CPB, stating that Carlton is the last of the lakeshore towns to adopt

solar regulations, and the eighth municipality in the County to do so since 2016. Terry Brown confirmed this,

stating that the law is based on the others that have come before the CPB to date, and that there was no need

for any specific changes in relation to the solar regulations of other municipalities.


RECOMMENDATION for 18-01: Gary Daum made a motion for APPROVAL, seconded by Kevin

Johnson and carried by all voting members (Terry Brown abstaining).

18-05 MEDINA Request for Site Plan Review to Construct Medical Office

Building at 11472 Maple Ridge Rd in General Business (GB)

and Maple Ridge Overlay (MRO) District.

Mr. German introduced the referral, stating that the proposal is for an approximately 6,000 square foot

building for use as a medical office. He stated that the dimensional requirements of the Maple Ridge

Overlay District have been met, a water main extension is being proposed from the road to the rear of

the project site, and that it appears that the site is designed such that future development to the rear of

the lot will be most expedient. Finally, on-site stormwater management facilities are proposed, and the

Village’s consultant engineer is reviewing the submitted stormwater pollution prevention plan (SWPPP).

Paul Hendel asked if the building would house a single tenant or several. Ms. Gatti clarified that the

building would be used as a dialysis center. Tom Fenton asked if the facility would be owned by Oak

Orchard Health. Mr. German answered that it would be owned and operated by a private company. Mr.

Brown noted that the site plan shows the parking lot connecting to neighboring parking lot of the GCC

campus via a cross easement, so that there will be two ways in and out. Mr. Brown also asked if any fire

hydrants are planned for the site. Ms. Gatti replied that according to Marty Busch, the Medina Fire

Department would like two fire hydrants to serve the site.

RECOMMENDATION for 18-05: Kelly Cousins made a motion for APPROVAL, seconded by Terry

Brown and carried unanimously.

18-06 MURRAY Request for Special Use Permit to Establish Business at 16305

Route 31 in Residential Agricultural (RA) District.

Mr. Vendetti introduced the referral, stating that the applicant seeks to re-establish a business selling

topsoil, landscape stone, and other similar materials. He indicated on the submitted site plan where

material stockpiles would be located. He also stated that there had previously been complaints from

neighbors regarding dust generated by topsoil screening, and that the Town of Murray had initiated legal

proceedings against the applicant before terminating that route in favor of granting a special use permit.

The owner had since retired and allowed the special use permit to expire. He stated that the submitted

site plan is printed on a tax map, and that the stated distances are roughly representative of the site but

not perfect.

Mr. Daum asked if the neighbors’ issues regarding the business would be resolved if the business were

allowed to re-open. Mr. Vendetti replied that it was not immediately clear if that would be the case. Mr.

Hendel clarified that the CPB must determine whether the application meets the special use permit

requirements for the Town of Murray, and allow the Town to decide specific restrictions thereto. Ms.


Gatti stated that the main concern in the staff recommendation is the lack of a to-scale site plan drawing,

and given the contentions nature of the matter, it could invite controversy.

RECOMMENDATION FOR 18-06: Terry Brown made a motion to return the referral as

INCOMPLETE, seconded by Tom Fenton and carried by all voting members (Ron Vendetti

abstaining).

ADJOURNMENT

There being no further business, Gary Daum made a motion to ADJOURN at 7:33 PM, seconded by

Tom Fenton and carried unanimously.


Timothy German


Orleans County Planning Board Minutes 1 April 26, 2018


COUNTY OF ORLEANS

PLANNING BOARD

14016 Route 31 West


(585) 589-3198



April 26, 2018 Conference Room C, 7:00 p.m.

CPB ATTENDING: Dan Strong, Tom Keeler, Wes Miller, William Camann, Kevin Johnson, Michael

Grabowski, Ronald Vendetti, Monica Seeler, Kelly Cousins, Marty Busch, Elaine Berg,

Tim Elliott, Paul Hendel, Tibbs Ahlberg, Brian Napoli

CPB EXCUSED: Andy Kludt, Kirk Myhill, Gary Daum

CPB ABSENT: Tracy VanSkiver, Tom Fenton

GUESTS: Ken DeRoller, Robin Nacca, Alex Nacca, Richard Cox, Daniel Seeler, James Kirby, Robert

Hales, Betty Hales, Dean Brightley, Betsy Brightley, Cheyenne Farewell, Maddie Lynn,

Sean Pogue, John Messler, Dan Markle, Richard Goetze

STAFF: Sarah Gatti

Chairperson Brian Napoli called the regular meeting of the Orleans County Planning Board (CPB) to order at

7:01 p.m. He welcomed all present and thanked Legislator Ken DeRoller for his attendance.

Tom Keeler noticed an error on the attendance portion of the minutes and suggested a revision. Kevin Johnson

made a motion for APPROVAL of the minutes AS AMENDED from the March 22, 2018 regular meeting as

submitted, seconded by Tim Elliott and carried unanimously.

OLD BUSINESS

Sarah Gatti, Planner for the Orleans County Department of Planning and Development (OCPD), reviewed the

proposed By-Laws based on discussion at the March 2018 meeting. Changes include clarification that the annual

meeting will be the first meeting of the year (whenever that may occur), future meetings can be cancelled by a

majority vote of members present, and the addition of the pledge of allegiance to the list of proceedings.


Upon reading the proposed amendments and there being no questions or comments from the CPB, Ron Vendetti

made a motion for APPROVAL of the AMENDMENTS TO THE BYLAWS OF THE ORLEANS COUNTY

PLANNING BOARD, seconded by Elaine Berg and carried unanimously.

Ms. Gatti discussed the upcoming training opportunity at the Hoag Library in Albion, scheduled for May 31,

2018. This training will be hosted by the Orleans County Department of Planning and Development in conjunction

with the Niagara County Department of Economic Development. Four credit hours of training are available and

the courses offered are State Environmental Quality Review Act (SEQRA) Basics and Comprehensive Planning.

Ron Vendetti explained that an application previously seen and deemed incomplete by the Board, identified as

18-06 from the Town of Murray, was actually sent in error. Jeff Martin, Murray Town Attorney, found records

indicating the applicant was granted a perpetual permit for this business operation. Transcripts illustrating this

were provided. Mr. Vendetti further elaborated that with this new information, the application for a special use

permit was no longer required. The Town believes this is the correct course of action. Mr. Vendetti wanted to

make it clear that the CPB would not be seeing this referral again for the reasons outlined above.

NEW BUSINESS

Ms. Gatti informed the Board that Terry Brown, representative for the Town of Carlton, has tendered his

resignation from the CPB. Mr. Brown joined the board as an alternate in 2004 and remained in that role until 2012

when he transitioned to a full member. Paul Hendel noted the Mr. Brown would be missed.

Chairperson Napoli explained the role of the CPB and its policies regarding public comment. The CPB, as an

advisory body, is not required to hold public hearings and therefore any public comment is at the sole discretion

of the Board.

Zoning Referrals

18-07 KENDALL Request for Area Variance (18-07A), Site Plan Review and Special Use

Permit (18-07B) for Farm Labor Camp at 1857 Transit Road in

Residential/Agricultural (RA) District.

Dan Strong stated he and the applicant had met with the Orleans County Department of Health and discussed

regulations applicable to the site. He further stated that the subject parcel is not currently enrolled in a State-

certified Agricultural District although they intend to enroll this year. Dean Brightley, the applicant, explained

the farm worker housing would be situated in a spacious house with plenty of space for recreation. Tibbs Ahlberg

confirmed the parcel was not in a State-certified Agricultural District.

RECOMMENDATION for 18-07A: Tim Elliott made a motion for APPROVAL, seconded by Kelly Cousins

and carried by all voting members (Dan Strong abstaining).

RECOMMENDATION for 18-07B: Elaine Berg made a motion for APPROVAL with the FOLLOWING

CONDITION, seconded by Ron Vendetti and carried by all voting members (Dan Strong abstaining):

1. The applicant shall submit an Agricultural Data Statement to the Town of Kendall.


18-08 GAINES Request for Site Plan Review to Construct Farm Worker Housing at

2803 Crandall Road in Residential/Agricultural (RA) District.

Dan Strong provided information on this application. Both Mr. Strong and the applicant, Jim Kirby, have been in

constant conversation regarding public health requirements. The septic system has been designed and those plans

are currently at the County Health Department of review. The new building will be energy efficient. Mr. Kirby

explained to the Board that there is already public water at the site and that due to its large setback, about 600

feet, it is a quiet and personal place for farm workers to enjoy.

RECOMMENDATION for 18-08: Ron Vendetti made a motion for APPROVAL with the FOLLOWING

CONDITION, seconded by Paul Hendel and carried by all voting members (Dan Strong and Mike Grabowski

abstaining):

1. The Town of Gaines shall receive an Agricultural Data Statement from the applicant prior to taking

any action.

18-09 ALBION (T) Request for Site Plan Review and Special Use Permit for Bed and

Breakfast in Existing Single Family Dwelling at 15403 Holley Road in

Residential/Agricultural (RA) District.

Dan Strong indicated the applicants were here and referenced their business plan included in their application. He

went on to explain this use is a specially permitted use in the RA District. Mr. Ahlberg inquired as to how many

guests would be permitted at the residence at one time. Mr. Strong stated there would be a maximum of six

allowed but an average of two. The reason for this is that the applicants wish to accommodate whole families

should they wish to stay. Tim Elliott thanked Mr. and Mrs. Hale (the applicants) for coming to the County and

Town with this. He noted that many AirBnB operations do not go through the correct process and that

municipalities do not benefit from any bed tax they may generate.

RECOMMENDATION for 18-09: Marty Busch made a motion for APPROVAL with the FOLLOWING

CONDITION, seconded by Elaine Berg and carried by all voting members (Dan Strong abstaining):

1. Applicant shall provide parking location on site plan for five vehicles to the satisfaction of the Town

of Albion Planning Board.

18-10 GAINES Request for Review of Amendment to Zoning Text.

Dan Strong explained this amendment came about after the Town of Gaines realized their zoning ordinance was

not in accordance with County law regarding occupancy limits. This proposed amendment will rectify this and

bring the Town of Gaines zoning ordinance in compliance with the aforementioned law.

RECOMMENDATION for 18-10: Kelly Cousins made a motion for APPROVAL, seconded by Elaine Berg and

carried by all voting members (Dan Strong and Mike Grabowski abstaining).


Chairperson Napoli addressed the question of whether public comment would be permitted related to agenda

items 18-11 and 18-12. Paul Hendel made a motion to ALLOW public comment with the following stipulations:

1. No repetition

2. Comments be limited in time at the Chairperson’s discretion

3. Comments be specific to subject at hand

18-11 BARRE Request for Site Plan Review and Special Use Permit to Construct

Meteorological Tower at 5140 Angevine Road in

Agricultural/Residential (AR) District.

Tom Keeler stated there are two meteorological towers (met towers) currently in the Town and operated by Apex

Clean Energy. They have been up since 2017. At that time, four were proposed but only two were constructed

due to poor soil conditions and a change of property ownership. Mr. Keeler explained that the Barre Planning

Board has provided a recommendation on this action to the Town Board and they will be the final decision making

body. Dan Strong inquired if the Town had height restrictions on met towers; Sean Pogue, Barre Town Supervisor,

responded in the negative. Paul Hendel asked if all dimensional requirements regarding the siting of met towers

are met by this application. Mr. Keeler replied that all such requirements were met. At this time, public comments

were entertained. They are summarized as follows:

John Messler began to speak on the subject of ethics in Barre. This was off-topic and Mr. Messler was

reminded that the Town Board would be an appropriate party to voice his concerns, not the CPB.

Robin Nacca stated the Barre Town Board had granted permission for three met towers in 2017 and

wondered why two more were being proposed now. Ms. Nacca believed this application was an

extension of the Special Use Permit that had been previously granted. Mr. Hendel explained this was

not an extension but a brand new application.

Sue Webster pointed out several questions on the Environmental Assessment Form (EAF) had not been

answered. Ms. Gatti explained that construction of a met tower is considered a Type II action by the

New York State Department of Environmental Conservation (NYSDEC) and thus no EAF is required.

Dan Markle questioned whether two or four met towers would be built. Mr. Strong responded by stating

two towers would be built as indicated by the two discrete addresses on each application.

Tom Keeler reminded the public that before the Barre Town Board can vote on this application, there must

be a public hearing. That public hearing is the appropriate place for the public to be heard. Ron Vendetti

further elaborated by again stating the CPB is an advisory board and that final action still rests with the local

board. Chairperson Napoli then explained that the CPB has no zoning of its own and reviews application

based on the submitting municipalities regulations.


CONDITION, seconded by Dan Strong and carried by all voting members (Tom Keeler and Wes Miller

abstaining):

1. The applicant shall comply with rules, regulations, license, and permit requirements of all other

agencies with authority over this project, including but not limited to the Federal Aviation

Administration.


18-12 BARRE Request for Site Plan Review and Special Use Permit for

Meteorological Tower on Root Road (tax ID # 116.-1-30.11) in

Agricultural/Residential (A/R) District.

Sue Webster again questioned the completeness of the EAF. She noted that page four was not present. Ms. Gatti

stated that Type II actions do not require an EAF. Tim Elliott clarified that the entire form was unnecessary for

this application to be considered complete and did not have to be submitted. Ms. Webster remained concerned

that Parts 2 and 3 of the EAF appeared to be incomplete. Mr. Strong stated that even though the EAF was not

required, in cases where an EAF is required the CPB would only require Part 1 of the EAF. Richard Goetze noted

the “date received” date stamps were dated 2017. Ms. Gatti replied that the application has been stamped with an

incorrect date but had been received in April of 2018.

RECOMMENDATION for 18-12: Paul Hendel made a motion for APPROVAL with the FOLLOWING

CONDITIONS, seconded by Dan Strong and carried by all voting members (Tom Keeler and Wes Miller

abstaining):

1. The applicant shall comply with rules, regulations, license, and permit requirements of all other agencies

with authority over this project, including but not limited to the Federal Aviation Administration.

2. If lighting of the meteorological tower is not required by the FAA, the Barre Town Board may

nevertheless exercise its own discretion to determine what lighting, if any is necessary in the interest

of public safety.

18-13 CLARENDON Request for Special Use Permit for Personal Storage Units in Existing

Structure at 4552 Holley Byron Road in Business/Commercial District.

Kevin Johnson noted this building is currently vacant. The applicant intends to use the entire first floor. The

Clarendon Planning Board had requested the site plan be altered slightly for fire safety reasons. Paul Hendel

inquired where parking would be. Mr. Johnson explained parking would be located north and south of the main

structure and south and east of the pole barn located on the property. He also noted the parking area is gravel,

albeit overgrown with grass. The applicant will be putting down new gravel. Mr. Hendel asked if there was ample

room to prevent cars reversing on to the roadway. Mr. Johnson responded in the affirmative. Elaine Berg thought

the front entrance was close to the road and voiced safety concerns. Mr. Johnson explained the porch could only

be entered from the north and via the deck. This protects it from the road. Tim Elliott asked about signage. Mr.

Johnson confirmed there would be signage mounted on both sides of the building.

RECOMMENDATION for 18-13: Elaine Berg made a motion for APPROVAL with the FOLLOWING

CONDITION, seconded by Paul Hendel and carried by all voting members (Kevin Johnson abstaining):

1. The surface of the parking area shall comply with the Town of Clarendon Zoning Ordinance.

OTHER BUSINESS

Ms. Gatti reminded Board members of the May training at the Burgundy Basin Inn in Pittsford.


ADJOURNMENT

There being no further business, Elaine Berg made a motion to ADJOURN at 7:58 PM, seconded by Tim Elliott

and carried unanimously.


Sarah E. Gatti


Orleans County Planning Board Minutes 1 May 24, 2018


COUNTY OF ORLEANS

PLANNING BOARD

14016 Route 31 West


(585) 589-3198



May 24, 2018 Conference Room C, 7:00 p.m.

CPB ATTENDING: Tracy VanSkiver, Matthew Hand, Tom Keeler, Wes Miller, Kevin Johnson, Michael

Grabowski, Ronald Vendetti, Kelly Cousins, Charles Felice, Tom Fenton, Tim Elliott, Kirk

Myhill, Paul Hendel, Tibbs Ahlberg, Brian Napoli

CPB EXCUSED: William Camann, Dan Strong, Andy Kludt, Elaine Berg, Gary Daum,

CPB ABSENT: Marty Busch

GUESTS: Ken DeRoller, Ian Joseph, Robert Brown, Eric Brown, Maggie Danaher, George Miller,

Mike Walsch, Gail Fass, Sharon Narburgh, Destiny Satkowski, Alyssa Beyer, Sean Pogue,

Janis Maines, Shawn Vick, Karen Vick, Karen Narburgh



7:04 p.m. He welcomed all present and thanked Legislator Ken DeRoller for his attendance.

Tracy VanSkiver made a motion for APPROVAL of the minutes from the April 26, 2018 regular meeting as

submitted, seconded by Tim Elliott and carried unanimously.

OLD BUSINESS

Sarah Gatti, Planner for the Orleans County Department of Planning and Development (OCDPD) reminded the

CPB of the upcoming Land Use Training Workshop to be held at 5:00 PM on May 31st at Hoag Library in Albion.

NEW BUSINESS

James Bensley, Director of OCDPD, introduced Paul Schwenk, the new CPB representative for the Town of

Carlton. He stated that Mr. Schwenk will be confirmed by resolution of the Orleans County Legislature at its next


session, at which time he will become an official voting member.

Director Bensley noted the temporary parking arrangement at the County Administration Building during the

construction of the new addition. CPB members and guests are asked to park to the north of the building and enter

through the front doors for evening meetings.

Zoning Referrals

Before proceeding, Chairperson Brian Napoli reminded those present of the procedure for public comment at

CPB meetings, that is, comment is allowed at the discretion of the CPB, must not be repetitive, and must be

relevant to the matter at hand.

18-14 RIDGEWAY Request for Special Use Permit to Operate a Distillery at 2788 South

Lyndonville Road in Rural Residential (RR) District.

Tom Fenton stated that the operation is to take place in part of a building that is located behind the applicant’s

house. The operation will be part-time in nature, and there will be no public access at this stage of the operation.

Dan Wolfe, Code Enforcement Officer for the Town of Ridgeway, stated that upon consultation with the

applicant, it was determined that the proposed operation fits the definition of a home business. Mr. Wolfe stated

that a special use permit is not required, although the Bureau of Alcohol, Tobacco, and Firearms (ATF) requires

documentation of approval from the Town, thus necessitating a more formal review of the application. He stated

that there is to be no customer traffic at the site, and the applicant will bring materials in himself and market the

product away from the site. The business is not to become anything resembling a tavern, as there will be no

product consumed on the premises.

Ron Vendetti asked about the nature of the waste to be generated by the operation. Tim Elliot replied that very

little waste will be produced, consisting of mash left over from the process, which will be composted. Mr. Vendetti

then asked about the amount of water usage that is anticipated. Mr. Elliot replied that the amount of water usage

will be minimal. Charles Felice asked if the operation will produce any discharge into the air. Mr. Elliot replied

in the negative.

RECOMMENDATION for 18-14: Kirk Myhill made a motion for APPROVAL with the following

CONDITIONS, seconded by Kelly Cousins and carried by all voting members (Tim Elliot abstaining).

1. The Ridgeway Planning Board shall be satisfied that minimum parking requirements are met pursuant to

§ 601 of the Town Zoning Ordinance.

2. The applicant must obtain all other necessary permits and licenses necessary to conduct business.

18-15 RIDGEWAY Request for Site Plan Review and Special Use Permit for Cell Tower

at 2821-2827 County Line Road in Rural Residential (RR) District.

Mr. Wolfe stated that the proposed tower is to be set back 1000 to 1500 feet, and is not likely to be visible from

the road. Upon consultation with the applicant, the height of the security fence will be changed from seven feet


to eight feet to comply with the Town’s dimensional requirements. Paul Hendel asked about the means of access

to the tower. Mr. Wolfe pointed out the access road that will serve the tower. He also stated that the company has

explored all alternatives to constructing a new tower, and has found the tower to be necessary for providing

service to the area. Vice-Chairperson Tibbs Ahlberg asked if other facilities will co-locate on the tower. Mr.

Wolfe replied that it will most likely be the case. Chairperson Napoli noted that an existing tower located on

property owned by the Town of Ridgeway is currently at full capacity.

RECOMMENDATION for 18-15: Paul Hendel made a motion for APPROVAL with the FOLLOWING

CONDITION, seconded by Tracy VanSkiver and carried by all voting members (Kirk Myhill abstaining):

1. The applicant must submit a completed Agricultural Data Statement

18-16 CARLTON Request for Area Variance (18-16A) and Site Plan Review (18-16B) for

Building Addition (Farm Labor Housing) at 14272 Oak Orchard River

Road in Hamlet (H) District.

Eric Brown, the applicant, stated that he owns a single-family house in which five people reside. He would like

to construct a 30 by 30 foot addition to house an additional eight residents. He offered to show the CPB updated

interior schematics and septic drawings. Mr. Hendel noted that the New York State Department of Agriculture

and Markets (NYSAM) has the authority to overrule local actions pertaining to farm operations within State

Certified Agricultural Districts. Ms. Gatti cited a court finding that maintains the authority of NYSAM to do so.

Kirk Myhill asked if a State Environmental Quality Review (SEQR) form had been completed. OCDPD staff

answered that a SEQR from is not required, as the proposed action is a Type II action under the SEQR Act. Mr.

Brown stated that there will be no more than two vehicles parked on the property at any time.

George Miller, an area resident, expressed his concerns regarding visibility at the intersection of Oak Orchard

River Road and Route 18. Mr. Brown replied that the only curb cut on his property is on Route 18 rather than

Oak Orchard River Road. Sharon Narburgh, another area resident, stated that she believes that the application

will result in a negative impact on tourism in the area, and echoed the sentiment expressed by Mr. Miller. Resident

Janis Maines also voiced her opposition to the project. At this time, Michael Grabowski questioned the relevance

of the comments to CPB business. Ron Vendetti echoed this sentiment. Chairperson Napoli reminded those

present that the CPB is not a final action body, and as such, can only take recommendatory action with the local

municipality being the final action body. He stated that NYSAM can overrule local actions, as has occurred

previously in Orleans County. He suggested that the Town’s hearing on the matter might be a more appropriate

forum for the residents to voice their concerns.

RECOMMENDATION for 18-16A: Ron Vendetti made a motion for APPROVAL, seconded by Michael

Grabowski and carried unanimously.

RECOMMENDATION for 18-16 B: Ron Vendetti made a motion for APPROVAL, seconded by Tim Elliot and



18-17 GAINES Request for Amendment to Zoning Map (18-17A) and Special Use

Permit (18-17B) to Operate Airport at 14912 East Brighton Cliffe Drive

in Waterfront Residential (WR) District.

Mr. Schwenk, representing the Carlton Planning Board, stated that he had visited the site and found it to be very

well screened from the road, although he was not sure whether noise would be an issue. The applicant, Shawn

Vick, stated that he is developing the lot with a barn and house and would like to add a grass airstrip for

summertime use. Mr. Hendel asked what type of aircraft would be using the facility. Mr. Vick stated that the

aircraft is a modified, triple propeller Cessna with a low landing speed and short take-off and landing distances.

Mr. Hendel inquired about the flight pattern, to which Mr. Vick answered that there will be ample clearance above

all nearby structures when taking off and approaching in either an easterly or westerly direction. He also stated

that he has no intention of being unsafe, and will not fly in bad weather or high winds.

Ms. Gatti stated that the main concern of OCDPD is that rezoning the parcel to Residential/agricultural (RA)

would open up the parcel to a number of potentially incompatible uses such as mining and excavation. Since the

rezoning runs with the land, the incompatible uses would be made possible if the property were to change hands

in the future. She explained that there are other ways for the Town to achieve the desired end without opening up

the parcel to incompatible uses. These alternatives include establishing a floating zone or changing the allowed

uses in the Waterfront Residential (WR) district. Chairperson Napoli asked if the application should be sent back

to the town, to which Ms. Gatti replied in the affirmative. Director Bensley stated that the application would also

need to undergo consistency review by the New York State Department of State (NYSDOS) because of its

location within the Kendall-Yates-Carlton Local Waterfront Revitalization Program (LWRP).

It was decided to send the application back as incomplete in order to allow the Town to evaluate its options and

decide how best to proceed.

RECOMMENDATION for 18-17 A: Ron Vendetti made a motion to return the application as INCOMPLETE,

seconded by Kelly Cousins and carried unanimously.

RECOMMENDATION for 18-17 B: Ron Vendetti made a motion to return the application as INCOMPLETE,

seconded by Kelly Cousins and carried unanimously.

18-18 BARRE Request for Moratorium (Three Months) on the Installation of

Freestanding or Ground-Mounted Solar Energy Systems.

Sean Pogue, Barre Town Supervisor, stated that the moratorium is being instituted while the Town’s draft solar

energy law undergoes final revisions and review by legal counsel. It is the intent of the Town to avoid pressure

from any outside parties during the final stages of drafting the law.

RECOMMENDATION for 18-18: Kirk Mykill made a motion for APPROVAL, seconded by Kevin Johnson



OTHER BUSINESS

Director Bensley notified the CPB of several recent developments:

The Western Orleans Comprehensive Plan (WOCP) update process is nearing completion and it is

anticipated that the Plan will soon come before the CPB for approval.

Introduced the topic of small wireless facilities, or microcell towers, stating that it is an unsettled area of the

law and that he is working with the Genesee/Finger Lakes Regional Planning Council (GFLRPC) to invite

an attorney to discuss the topic at the Fall Regional Local Government Workshop in Batavia.

Provided an overview of the forthcoming transportation study along the Maple Ridge Corridor in the Town

of Shelby/ Village of Medina. The study will evaluate the feasibility of installing sidewalks and bike lanes,

as well as turning lanes as required by the New York State Department of Transportation (NYSDOT) as a

condition for future State Highway access to the Medina Business Park. The study will include a broad

group of community stakeholders including the Village of Medina, Town of Shelby, Orleans County,

Medina Central School District, Genesee Community College, and the local business community.

Announced an upcoming public information session hosted by the New York State Canal Corporation

regarding the ongoing canal bank maintenance program, to be held June 6th from 6:00 P.M to 8:00 PM at

Hoag Library in Albion.

ADJOURNMENT

There being no further business, Kevin Johnson made a motion to ADJOURN at 8:19 PM, seconded by Tracy

VanSkiver and carried unanimously.


Timothy P. German


Orleans County Planning Board Minutes 1 June 28, 2018


COUNTY OF ORLEANS

PLANNING BOARD

14016 Route 31 West


(585) 589-3198



June 28, 2018 Conference Room C, 7:00 p.m.

CPB ATTENDING: Tracy VanSkiver, Matthew Hand, Dan Strong, Wes Miller, Paul Schwenk, Kevin Johnson,

Michael Grabowski, Ronald Vendetti, Andy Kludt, Marty Busch, Elaine Berg, Tom

Fenton, Kirk Myhill, Gary Daum, Paul Hendel, Brian Napoli, Jean Benson

CPB EXCUSED: Tom Keeler, Tibbs Ahlberg

CPB ABSENT: Kelly Cousins

GUESTS: Natasha Wasuck, Ray Burke, Eric Stein



7:04 p.m. He welcomed all present.

Kirk Myhill made a motion for APPROVAL of the minutes from the May 24, 2018 regular meeting as submitted,

seconded by Tom Fenton and carried unanimously.

NEW BUSINESS

James Bensley, Director of the Orleans County Department of Planning and Development (OCDPD), asked CPB

members to evaluate the Land Use Workshop event that was held on May 31st. Paul Hendel stated his approval

of the workshop. Director Bensley stated that there will likely be two topics covered at next year’s Albion event

to allow the best use of the allotted time.


Zoning Referrals

18-19 GAINES Request for Site Plan Review and Special Use Permit to Operate

Seasonal Business at 14386-14398 Ridge Road in Commercial Historic

(CH) District.

Ray Burke, the applicant, stated that the barn has been used for seasonal storage for about 15 years and that he

wishes to introduce several uses for the summer months including sales, entertainment, events, and others. Mr.

Hendel asked if the term “barn sale” would be synonymous with “garage sale”. Mr. Burke answered in the

affirmative. Mr. Hendel asked if events would be held mainly on weekends, to which Mr. Burke answered in the

affirmative. Mr. Myhill asked what the proposed use falls under in the Gaines Zoning Ordinance. Michael

Grabowski replied that it is considered a seasonal business. Mr. Myhill stated that seasonal businesses are not

mentioned under the Commercial Historic (CH) District. Gary Daum asked where the property is accessible from.

Mr. Burke answered that it is accessible from both Route 98 and Route 104.

Ron Vendetti asked where the proposed use is listed in the Zoning Ordinance. Sarah Gatti stated that the proposed

use is not mentioned in the Ordinance. In addition, the CPB does not have the authority to determine whether the

use is allowed or not without an interpretation by the Gaines Zoning Board of Appeals (ZBA).

RECOMMENDATION for 18-19: Kirk Myhill made a motion to return the application as INCOMPLETE,

seconded by Gary Daum and carried by all voting members (Michael Grabowski abstaining).

18-20 GAINES Request for Area Variance (18-20A) and Site Plan Review (18-20B) to

Convert Existing Structure to Farm Labor Housing at 2325 Gaines

Waterport Road in Residential Agricultural (RA) District.

Dan Strong stated that the applicant seeks to convert an existing single-family house that he owns into farm labor

housing. He stated that the applicant has applied to enroll the parcel in Orleans County Consolidated Agricultural

District #1. The applicant stated that he has received County Health Department approval for occupancy and a

septic system. He stated that farm worker housing is typically occupied until December, and that the building will

house eight people.

RECOMMENDATION for 18-20A: Ron Vendetti made a motion for APPROVAL with the FOLLOWING

CONDITION, seconded by Andrew Kludt and carried by all voting members (Dan Strong and Michael

Grabowski abstaining):

1. This parcel is enrolled and certified as part of Orleans County Consolidated Agricultural District No. 1.

RECOMMENDATION for 18-20B: Paul Hendel made a motion for APPROVAL, seconded by Tom Fenton and

carried by all voting members (Dan Strong and Michael Grabowski abstaining):

Ms. Gatti informed the CPB that referral 18-21 had been withdrawn.


18-22 ALBION (V) Request for Site Plan Review to Operate Wedding Venue at 160 N.

Main Street in General Commercial (GC) District.

Ron Vendetti stated that the applicants are seeking to establish a venue for weddings and other events in a former

auto repair shop, and that they now exceed the parking requirement after securing a parking agreement with her

neighbor on the north side of the property. He stated that the parking plan dictates that vehicles will enter from

Orchard Street and exit onto Main Street. In addition, fire sprinklers are not required as they typically would be

for a project of this size due to the design of the building. In response to a question for Dan Strong, applicant

Natasha Wasuck stated that there are two retail spaces at the front of the building. One will be used as a staging

area for wedding caterers while the other will be used as a candy and ice cream shop. The shop will be closed for

events but can be rented out for such events. In response to a question from Director Bensley, Ms. Wasuck stated

the building can accommodate up to 300 people per the fire code.

RECOMMENDATION for 18-22: Dan Strong made a motion for APPROVAL with the FOLLOWING

CONDITION, seconded by Elaine Berg and carried by all voting members (Ron Vendetti abstaining).

1. The owner of the lot providing exit on Orchard Street shall continue to provide consent for the duration

of the business.

18-23 ALBION (V) Request for Area Variances and (18-23A) and Site Plan Review (18-23B)

for 40-unit Residential Housing at 150 S. Liberty Street in Residential

(R-3) District.

Ron Vendetti stated that he had visited a similar residential complex operated by the applicant in Lockport, and

that it was of a high quality. He stated that the proposed project will include 10 units for clients with special needs,

10 units for senior citizens, and 20 market rate units. The facility will be staffed 24 hours, with security at night.

Mr. Vendetti outlined the variances being requested, saying that the Village’s parking requirement does not fit

this kind of user. The applicant submitted a parking study to support its request for a reduced number of parking

spaces. Mr. Daum asked about the extent of demolition to take place. Mr. Vendetti answered that two houses

were demolished previously, and that of the three remaining houses, two are in very poor condition. CPB members

pointed out that the project is located close to downtown Albion, with many neighborhood amenities nearby.

They also discussed the condition of sidewalk infrastructure in the vicinity of the project. Eric Stein, representing

the applicant, stated that the site plan includes extensive path connections to Village streets. Mr. Vendetti stated

that while apartment rents will be based on income, the applicant produces high-quality facilities and the project

will be an asset to the community. CPB members discussed the proposed fencing on the property.

RECOMMENDATION for 18-23A: Gary Daum made a motion for APPROVAL, seconded by Kevin Johnson

and carried by all voting members (Ron Vendetti abstaining).

RECOMMENDATION for 18-23B: Andrew Kludt made a motion for APPROVAL with the FOLLOWING

CONDITION, seconded by Mary Busch and carried by all voting members (Ron Vendetti abstaining):

1. A completed Stormwater Pollution Prevention Plan (SWPPP) shall be submitted.


OTHER BUSINESS

Director Bensley formally welcomed Paul Schwenk of Carlton to the CPB, following his confirmation by the

Orleans County Legislature.

Director Bensley reminded all CPB members of the importance that OCDPD staff receive complete applications,

with all required materials, included at the time they are submitted.

ADJOURNMENT

There being no further business, Tracy VanSkiver made a motion to ADJOURN at 7:54 PM, seconded by Elaine

Berg and carried unanimously.


Timothy P. German


Orleans County Planning Board Minutes 1 July 26, 2018


COUNTY OF ORLEANS

PLANNING BOARD

14016 Route 31 West


(585) 589-3198



July 26, 2018 Conference Room C, 7:00 p.m.

CPB ATTENDING: Tracy VanSkiver, Dan Strong, Wes Miller, Paul Schwenk, Kevin Johnson, Michael

Grabowski, Ronald Vendetti, Andy Kludt, Elaine Berg, Tom Fenton, Kirk Myhill, Gary

Daum, Paul Hendel, Brian Napoli, Tibbs Ahlberg, Jean Benson, William Camann

CPB EXCUSED: Marty Busch, Tom Keeler, Kelly Cousins, Chad Arlington

GUESTS: David Herring, Dan Wolfe, Alan Kepner

STAFF: Sarah Gatti, Tim German



Kirk Myhill made a motion for APPROVAL of the minutes from the June 28, 2018 regular meeting as submitted,

seconded by Tim Elliot and carried unanimously.

NEW BUSINESS

Tim German, Planner for the Orleans County Department of Planning and Development (OCPD), presented a

map depicting the locations of electric substations throughout the County. The purpose of the map is to anticipate

where large solar and wind generating facilities may be proposed in the future.

Mr. German informed the CPB that the annual recess typically takes place in August, and that a vote may be taken

to cancel the August meeting unless the CPB receives a referral that is significant in nature.

Paul Hendel made a motion to CANCEL the August meeting, subject to the previously stated condition, seconded

by Tibbs Ahlberg and carried unanimously.


Zoning Referrals

18-24 SHELBY Request for Site Plan Review and Special Use Permit for Motor

Vehicle Repair Shop at 4244 West Ave. Ext. in General Business (GB)

District.

Kirk Myhill stated that the applicant is seeking to move his business to a new location. This new location was

formerly auto repair shop before being destroyed by fire. He stated that the applicant intends to use the existing

concrete foundation for the building. Applicant Alan Kepner stated that he has been in contact with the County

Health Department and is working with them to obtain the necessary permits. Dan Strong asked where parking

and loading areas will be located. Mr. Kepner pointed out the locations of the parking spaces on the site plan. He

stated that there might be 15 to 20 vehicles on the site at any time, all of them licensed, and that he does not intend

to have vehicles lingering on the site for extended periods. Mr. Myhill stated that the applicant’s existing shop is

in good order. Mr. Kepner stated any scrap kept on the site will be in an enclosed area and picked up once per

month.

RECOMMENDATION for 18-24: Andrew Kludt made a motion for APPROVAL with the FOLLOWING

CONDITION, seconded by Gary Daum and carried by all voting members (Kirk Myhill abstaining):

1. An Agricultural Data Statement must be submitted.

18-25 YATES Request for Site Plan Review and Special Use Permit for Farm Labor

Housing at 11781 Platten Rd. in Agricultural/Residential (AR)

District.

Dan Wolfe, Code Enforcement Officer for the Town of Yates, stated that the proposal meets all Town zoning

regulations, and that the applicant is working with the County Health Department to obtain the necessary permits.

He stated that this would be the second farm labor camp owned by the applicant, who employs workers through

the H-2A Program. CPB members discussed the proposed layout of the building. CPB members also discussed

the requirement in Yates and other towns that farm labor camps only be occupied during summer months.


CONDITION, seconded by Tracy VanSkiver and carried by all voting members (Gary Daum abstaining):


18-26 BARRE Request for Site Plan Review and Special Use Permit for Addition to

Existing Office Building and Gravel Mine at 13159 West Lee Rd. in

Agricultural/Residential District.

Wesley Miller stated that the applicant seeks to construct a new addition to their office building so they have a

larger and more modern space to show to clients. David Herring, representing the applicant, stated that they

continue to expand and desire to attract young people to work for the company. Mr. Strong asked if the addition


will be located on the western side of the existing office building. Mr. Miller answered in the affirmative and

stated that very little of the building will be visible from the road. Mr. Strong inquired as to the nature of the

mining operation. Mr. Herring stated that the mine was active years ago, takes up a small area, and will only be

used intermittently.

RECOMMENDATION for 18-26: Dan Strong made a motion for APPROVAL with the FOLLOWING

CONDITION, seconded by Tracy VanSkiver and carried by all voting members (Wesley Miller abstaining):


18-27 LYNDONVILLE Request for Site Plan Review for Reuse of Existing Structure at 15 S.

Main St. in Central Business (CB) District.

Mr. Wolfe stated that the Village of Lyndonville recently enacted a Historic District, which requires a Certificate

of Appropriateness before any renovations can be made to buildings therein. Mr. Wolfe further state that it was

this Certificate of Appropriateness that was approved by the Village Planning Board – not the application for Site

Plan Review. Sarah Gatti, Planner for OCPD, indicated that paperwork submitted to the CPB indicates otherwise

and that furthermore, the CPB should not act on locally approved proposals until such approval has been

rescinded. If in fact, it was a Certificate of Appropriateness that had been approved, then the paperwork should

be officially rectified and the application resubmitted to the CPB. A question was raised by CPB members as to

whether the application needed to be sent to the CPB given its nature (i.e, reconfiguration of an existing structure

with little to no external changes). Ms. Gatti stated that the Department will follow up on the matter to make that

determination.

RECOMMENDATION for 18-27: Kirk Myhill made a motion to take NO ACTION, seconded by Paul Hendel


ADJOURNMENT

There being no further business, Tim Elliot made a motion to ADJOURN at 7:38 PM, seconded by Michael

Grabowski and carried unanimously.


Timothy P. German


Orleans County Planning Board Minutes 1 August 23, 2018


COUNTY OF ORLEANS

PLANNING BOARD

14016 Route 31 West


(585) 589-3198



August 23, 2018 Conference Room C, 7:00 p.m.

CPB ATTENDING: Dan Strong, Tom Keeler, Paul Schwenk, William Camann, Kevin Johnson, Michael

Grabowski, Marty Busch, Kelly Cousins, Elaine Berg, Tom Fenton, Gary Daum, Brian

Napoli, Tibbs Ahlberg, Jean Benson

CPB EXCUSED: Paul Hendel, Kirk Myhill, Ronald Vendetti, Andy Kludt, Tracy VanSkiver, Chad Arlington

CPB ABSENT: Matthew Hand, Monica Seeler

GUESTS: Dan Wolfe, Shirley Nigro

STAFF: James Bensley, Sarah Gatti, Tim German



Tom Fenton made a motion for APPROVAL of the minutes from the July 26, 2018 regular meeting as submitted,

seconded by Kevin Johnson and carried unanimously.

NEW BUSINESS

James Bensley, Director of the Orleans County Department of Planning and Development (OCDPD), announced

the upcoming regional land use workshop, to be held Wednesday, November 14th at the Quality Inn and Suites

in Batavia. He also announced the upcoming Public Information Meeting for the Kendall-Yates-Carlton Local

Waterfront Revitalization Program (KYC LWRP), to be held Thursday, August 30 at the Carlton Fire Department

Recreation Hall.


Zoning Referrals

18-27 LYNDONVILLE Request for Site Plan Review for Reuse of Existing Structure at 15 S.

Main St. in Central Business (CB) District.

Kelly Cousins stated that the CPB was unable to take action on the referral at the July meeting due to a clerical

error. She stated that the Village of Lyndonville had previously had no site plan on file for this particular building.

Dan Wolfe, Code Enforcement Office for the Village, summarized the project. He stated that it is the first of three

phases, and will include a hotel on the upper floors with retail space on the ground level. Dan Strong asked if the

site is served by public sewer, to which Mr. Wolfe replied in the affirmative.

RECOMMENDATION for 18-27: Gary Daum made a motion for APPROVAL, seconded by Paul Schwenk and

carried by all voting members (Kelly Cousins abstaining).

18-28 CLARENDON Request for Amendments of Zoning Ordinance Text.

Mr. Strong suggested a change to the language of the amended ordinance. As written, the proposed law states that

an accessory structure may be placed on a lot not occupied by a residence. Mr. Strong suggested that such

structures not be referred to as accessory structures to avoid conflict with other sections of the code.

RECOMMENDATION for 18-25: Tom Keeler made a motion for APPROVAL, seconded by Kelly Cousins and

carried by all voting members (Kevin Johnson abstaining).

18-19 GAINES Request for Site Plan Review and Special Use Permit to Operate

Seasonal Business at 14386-14398 Ridge Road in Commercial Historic

(CH) District.

Michael Grabowski stated that the CPB saw this referral at its June meeting, where it was deemed incomplete and

sent back to the Gaines zoning Board of Appeals (ZBA). The Gaines ZBA has since made the interpretation that

the proposed uses are allowed in the Commercial Historic (CH) District.

RECOMMENDATION for 18-19: Elaine Berg made a motion for APPROVAL with the FOLLOWING

CONDITIONS, seconded by Paul Schwenk and carried by all voting members (Michael Grabowski abstaining):


2. The Gaines Planning Board shall be satisfied that off-street parking requirements have been met.

18-21 BARRE Request for Area Variance (18-21A) and Site Plan Review (18-21B) for

Art Studio at 4706 Oak Orchard Rd. in General Business (GB) District.

Tom Keeler stated that the subject property is the old Barre Grange, which has existed on that parcel for a long

time. The applicant intends to use the building for her pottery business. In response to a question from Jean


Benson, applicant Shirley Nigro stated that the building is not intended for public access or use as a retail outlet,

but will rather be used for various production tasks associated with the business. Ms. Nigro stated that she will be

at the building three days a week, and has obtained an agreement with the neighboring church to provide parking

spaces. Director Bensley asked if there will be a pottery kiln in the building. Ms. Nigro said yes, but it will be

accompanied by a small ventilator. She stated that she will bring all materials to the site herself, and that the

biggest task will be the initial move-in of equipment and materials. Mr. Strong suggested that a variance be

granted so that there is a record of the parking arrangement. Mr. Keeler agreed, saying that it is to be included in

the conditions for approval.

RECOMMENDATION for 18-21A: Dan Strong made a motion for APPROVAL, seconded by Martin Busch

and carried by all voting members (Tom Keeler abstaining):

RECOMMENDATION for 18-21B: Gary Daum made a motion for APPROVAL with the FOLLOWING

CONDITIONS, seconded by Dan Strong and carried by all voting members (Tom Keeler abstaining):

1. Site plan shall indicate location of any refuse container(s) and/or holding tank(s) on the site and such

location and screening shall be satisfactory to the Town of Barre Planning Board.

2. Orleans County Department of Health permit(s) shall be granted.

3. The agreement between the owner of the site containing the designated parking spaces and the applicant

must endure as long as this business is in operation.

OTHER BUSINESS

At the request of Mr. Strong, CPB members discussed the trend of large-scale solar development in New York

State, in terms of what to expect and how best to approach applications for such projects when they do occur.

ADJOURNMENT

There being no further business, Dan Strong made a motion to ADJOURN at 7:29 PM, seconded by Tom Keeler



Timothy P. German


Orleans County Planning Board Minutes 1 December 13, 2018


COUNTY OF ORLEANS

PLANNING BOARD

14016 Route 31 West


(585) 589-3198



December 13, 2018 Conference Room C, 7:00 p.m.

CPB ATTENDING: Paul Hendel, Ronald Vendetti, Tracy VanSkiver, Matthew Hand, Dan Strong, Tom Keeler,

Paul Schwenk, Kevin Johnson, Russell Bosch, Tom Fenton, Gary Daum, Brian Napoli,

Tibbs Ahlberg, Daryl Sanford, Kirk Myhill, Charles Felice, Marty Busch

CPB EXCUSED: Kelly Cousins, Elaine Berg, Andy Kludt

CPB ABSENT: Michael Grabowski,

GUESTS: Ken DeRoller, Tim Scheg, Marc Kenward, Susan Sherman, Dan Wolfe, Tom Rivers

STAFF: James Bensley, Sarah Gatti, Tim German



Kirk Myhill made a motion for APPROVAL of the minutes from the August 23, 2018 regular meeting as

submitted, seconded by Gary Daum and carried unanimously.

Paul Hendel made a motion to move zoning referrals to the top of the meeting agenda, seconded by Tracy


Zoning Referrals

18-34 BARRE Request for Area Variance (18-34A), Site Plan Review and Special Use

Permit (18-34B) for Pole Barn at 4624 Oak Orchard Rd. in General

Business (B) District


Applicant Sue Sherman stated that her reasons for requesting the area variance were that the proposed pole barn

site is in an accessible location where there is already a large amount of gravel from years of mobile homes being

sited there. The existing gravel eliminates the need to bring in new gravel for the structure and will not impede

access to the property.

RECOMMENDATION for 18-34A: Ron Vendetti made a motion for APPROVAL, seconded by Dan Strong

and carried by all voting members (Tom Keeler abstaining).

RECOMMENDATION for 18-34B: Gary Daum made a motion for APPROVAL, seconded by Ron Vendetti

and carried by all voting members (Tom Keeler abstaining).

18-35 SHELBY Request for Site Plan Review and Special Use Permit for Riding Arena

at 11205 West Shelby Rd. in Agricultural/Residential (AR) District.

Kirk Myhill stated that the applicant has been giving horseback riding lessons at the site for a long time, and is

seeking to construct an indoor riding area. Dan Wolfe stated that the structure will be a temporary steel hoop

frame with a cover and that a building permit will be issued for its construction. Concerns were raised about the

availability of restrooms on the site, to which Mr. Myhill responded that it would be addressed at the local public

hearing on the proposal. Concerns were also raised over the applicable building codes for this type of structure

being used as a riding arena. Ron Vendetti expressed doubt that the structure would later be disassembled due to

the difficulty of doing so.

RECOMMENDATION for 18-35: Tom Keeler made a motion for APPROVAL, seconded by Tom Fenton and

carried by all voting members (Kirk Myhill abstaining).

18-36 SHELBY Request for Site Plan Review for Store Expansion at 11248 Maple

Ridge Rd. in General Business (GB) District.

Tim Scheg, representing the applicant, presented drawings of the proposed store expansion. He stated that the

expansion will be the same width as the existing store but approximately 19 feet deep, adding 2,062 square feet

of floor area. He added that since the addition will be constructed within the existing parking area, no net effect

on site drainage is anticipated. The site will connect to the Village of Medina public water system. A list of other

improvements (e.g., exterior LED lighting, new signage and appliances) are slated for the site. In addition, parking

requirements will be exceeded and no substantial increase in traffic is anticipated.

RECOMMENDATION for 18-36: Paul Schwenk made a motion for APPROVAL, seconded by Kevin Johnson

and carried by all voting members (Kirk Myhill abstaining).

18-37 RIDGEWAY Request for Area Variance (18-37A), Site Plan Review and Special Use

Permit (18-37B) for Ground Mounted Utility Grade Solar Energy

System at 3962 Allis Rd. in Industrial (I) District.


Marc Kenward, representing the applicant, stated that the proposed project is a 6.8-megawatt solar farm covering

28.8 acres of a 40-acre parcel currently in agricultural use. There are also some trees, brush, and wetlands scattered

throughout the site. There will be a 20-foot wide, 400-foot long access drive from Allis Road that will run along

the south parcel boundary. A nine-foot tall fence without barbed wire will surround the site. Fencing will be

placed so that the site’s wetlands are avoided. Mr. Kenward stated that a variance of 36% is being sought from

the neighboring structure setback requirement. A decommissioning plan and bond will be on file at Ridgeway

Town Hall. Some minor tree clearing and grubbing will be necessary. During construction, an estimated 50

vehicle trips per day are anticipated, accounting for trips both to and from the site. Once construction is complete,

there will be no discernible glare, noise, or traffic impacts, and the site will not be lit. Visits will be made to the

site for mowing twice per year and periodic maintenance.

RECOMMENDATION for 18-37A: Ron Vendetti made a motion for APPROVAL, seconded by Paul Hendel

and carried by all voting members (Brian Napoli and Tom Fenton abstaining).

RECOMMENDATION for 18-37B: Kirk Myhill made a motion for APPROVAL, seconded by Tracy VanSkiver

and carried by all voting members (Brian Napoli and Tom Fenton abstaining).

18-38 RIDGEWAY Request for Site Plan Review and Special Use Permit for Ground

Mounted Utility Grade Solar Energy System at 3846 Beals Rd. in

Industrial (I) District.

Mr. Kenward, representing the applicant, stated that the proposed project is a 4.3-megawatt solar farm covering

16 acres of an approximately 29-acre parcel currently in agricultural use. There will be a 20-foot access drive

from Beals Road to the interior of the site. A nine-foot tall fence without barbed wire will surround the site and

trees will be planted along the site’s road frontage for screening. Mr. Kenward stated that a glare study has been

conducted and determined that there will be no discernible glare impacts on neighboring property owners. Once

construction is complete, there will be no discernible glare, noise, or traffic impacts, and the site will not be lit. A

decommissioning plan and bond will be on file at Ridgeway Town Hall. Visits will be made to the site for mowing

twice per year and periodic maintenance.

RECOMMENDATION for 18-38: Gary Daum made a motion for APPROVAL, seconded by Paul Schwenk and

carried by all voting members (Brian Napoli and Tom Fenton abstaining).

NEW BUSINESS

Sarah Gatti, Planner for the Orleans County Department of Planning and Development (OCDPD), reported that

a nomination had already been received from the Town of Barre regarding their representation on the CPB. Still

pending are nominations from Albion (town), Gaines, Holley, and Yates. Likewise, all three At-Large terms

expire this year. A resolution appointing representatives to these positions has been put on the December

Legislative agenda.

Ms. Gatti distributed updated training logs to CPB members, stating that some errors were identified that had

since been corrected. CPB members were directed to review their revised training logs and to contact the

Department if any discrepancies were noticed.


Ms. Gatti stated that a Nominating Committee must be established for the purpose or recommending a CPB

Chairperson and Vice-Chairperson for 2019. The Committee gives it report at the beginning of the annual CPB

organizational meeting. Dan Strong, Gary Daum, and Paul Hendel volunteered to serve on the Committee.

Ms. Gatti presented the meeting calendar for 2019, noting that meetings will continue to be held on the fourth

Thursday of each month with referrals due at least one week prior to the meeting date. The exception being the

months of November and December when the meeting will be held earlier in the month to avoid any conflict with

the holidays. Ron Vendetti made a motion to APPROVE THE 2019 calendar, seconded by Tom Keeler and


Ms. Gatti asked CPB members to review and consider the implementation of a Deficiency Report. This report

had been in use previously by this Department to notify applicants of incomplete referrals. The deficiency report

would be completed by staff and sent back to the submitting official, thus giving them a chance to rectify the

referral prior to the CPB submission deadline. Materials not re-submitted by the deadline would then be placed

on a subsequent meeting agenda. This item will be discussed further at the next CPB meeting.

OTHER BUSINESS

Jim Bensley, Director of OCDPD, provided updates to CPB members regarding several developments. First, he

gave an overview of local government regulation of small cellular facilities, urging caution in light of a federal

ruling that small cell facilities shall be treated no differently that any essential utility. Second, he discussed

regulations on farm operations in agricultural districts producing alcoholic beverages, noting that dollars and cents

proof is required when determining whether this type of use is an “on farm operation”. Finally, he gave an

overview of amendments to the New York State Environmental Quality Review regulations, more specifically,

revised thresholds regarding Type 1 and Type II actions.

ADJOURNMENT

There being no further business, Ron Vendetti made a motion to ADJOURN at 8:30 PM, seconded by Tracy



Timothy P. German


COUNTY OF ORLEANS PLANNING BOARD County Planning Board …€¦ · Chairperson Brian Napoli called the regular meeting of the Orleans County Planning Board (CPB) to order at 7:04

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