TOWN OF PITTSFORD
June 30, 2010
Planning Commission Members Present – Don Nickless, Trish Lewis and Thor Konwin. Others Present – Byron R. Hathaway (abutter – General Land Company), Byron J. Hathaway (abutter – General Land Company), Colleen Hobbs, Tom Bowen, Tom Carrara. Lloyd Davis (abutter – General Land Company), Francis Lloyd (abutter – Hobbs), Rhonda Grace, Jim Grace, Charles Merriman (Atty. – Grace), Paul Cormier, Ken Gagnon, Bruce Paynter, Atty. Jack Facey, Amy Loomis – Zoning Administrator, and Kelly Giard, Recording Secretary
D. Nickless Chair, called the meeting to order at 7:00 PM.
Site Plan Review:
Interested Persons – Byron R. Hathaway, Byron J. Hathaway, and Lloyd Davis.
Applicant: General Land Company; property located at Gordon Hill Road. The purpose of the application is to divide a parcel of land (parcel ID #1165), which is 202 acres into 5 lots.
Mr. Grace presented maps for the Planning Commission to review.
Mr. Grace explained that the entrance to the development would occur on the southwest corner at the Lands of Gagnon. D. Nickless inquired if there was an easement in place for this entrance. Mr. Grace indicated that there was an easement in place, as well as for 2 other properties.
Mr. Grace indicated that the lots would range in size from 35 acres to 46 acres. Mr. Grace indicated that the road frontage was listed with the smallest road frontage being 325’ on lot 3.
A. Loomis inquired the Right of Way. Mr. Grace indicated that there is Right of Way of 50’ information that will be included in the deeds when the property is sold.
Mr. Grace indicated that he has the survey maps, however, there are no pins placed as yet, however, there are markers in place. There is currently an access road, which was constructed by Markowski Excavating to the property only and no further access has been completed to the various lots.
D. Nickless inquired the requirement for private road frontage. Atty. Facey indicated that there is no regulatory difference between the private road vs. the public road frontage. There was discussion regarding the frontage and the section 1.8.15 of the 1989 Regulations was referred.
A. Loomis inquired if there were covenants in place. Mr. Grace submitted proposals for the covenants to be forwarded to the buyers of the parcels. The covenants include no further subdivision, single family homes and include private road maintenance.
Atty. Facey inquired who would own the road. Mr. Grace indicated that the Neighborhood Association would own and maintain the road.
Atty. Merriman indicated that the property lines would be measured from the center of the road as the Right of Ways.
D. Nickless inquired who would provide fire protection to this area, either Rutland Town or Pittsford. Mr. Grace presented variables indicating the distance from the Pittsford fire station to the property vs. other properties in town that were similar and that are serviced by the Pittsford fire department.
Mr. Davis expressed concerns of his water supply spring is in the area of this proposed development. Atty. Facey asked for Mr. Davis to explain to the Planning Commission the location of his water supply on the maps that were provided by Mr. Grace. T. Lewis inquired of Mr. Davis if the water supply springs are located on the General Land Company property, to which Mr. Davis denied. Mr. Grace indicated that there was a water study completed and there was a silt fabric installed to prevent erosion. Mr. Davis expressed concern of who is responsible and if this is a reasonable project.
Mr. Byron R. Hathaway indicated that this is the first time he has seen a map of the proposed project. A. Loomis indicated that the maps have been available in the Town Office and could have been reviewed after the notices were received by the abutting land owners.
Mr. Hathaway indicated that the deed obligations have not been met. Mr. Grace indicated that the water issue on the Livak property has been resolved. Mr. Harvey inquired if the fencing issue has been resolved. Mr. Grace indicated that there was nothing of this nature in the deed. Atty. Facey reminded the participants that this is nothing that the Planning Commission can control and prior to any construction, the Zoning Board of Adjustment will meet to review the projects on an individual basis.
D. Nickless explained the review process and that a reply will be received prior to the 45 day limit.
Motion by T. Konwin and seconded by T. Lewis to close the hearing at 7:30 PM. Motion passed 3 – 0.
Jim Grace, Rhonda Grace, Byron R. Hathaway, Byron J. Hathaway, Lloyd Davis, Ken Gagnon, and Atty. Merriman exited at 7:30 PM.
Site Plan Hearing:
Interested Persons – Francis Lloyd – abutter to proposed parcel ‘C’
Applicant: Colleen Hobbs, property located at 570 Sangamon Road. The purpose of the application is to divide a parcel of land (parcel ID #0346), into 5 lots with 50’ Right of Way in the Rural District.
Ms. Hobbs presented a proposed drawing of the project. Ms. Hobbs indicated that she has a permit in place, however, has changed the drawing since the permit was approved.
Ms. Hobbs was asked to return with drawings prepared by a licensed surveyor showing lot sizes, right of ways, property boundaries, and encroachments. Ms. Hobbs indicated that she has spoken with Mr. Tinker to perform this work.
Mr. Lloyd indicated that there are concerns with the road access and the water. Mr. Lloyd indicated that the land has been clear cut logged. D. Nickless indicated that the Planning Commission would await the new drawings before any decision can be made.
Mr. Lloyd inquired if there would be a buffer in place. A. Loomis indicated that the proposed lots must meet the set-back requirements. T. Konwin explained that this would be considered when the homes are proposed. A. Loomis indicated that the tree issues would be a concern of the state. D. Nickless explained that each proposed house would require a hearing and must meet the required 25’ set-backs.
Motion by D. Nickless and seconded by T. Konwin to recess Ms. Hobbs’ hearing until August 26, 2010 at 7:00 PM. Motion passed unanimously 3 – 0.
Site Plan Review:
Applicant: Paul Cormier, property located at 9 Hendee Lane, Pittsford. The purpose of the application is to add a 28’ X 36’ addition to existing garage.
Mr. Cormier presented a drawing of the proposed project for review.
D. Nickless inquired if there would be a new access to the property. Mr. Cormier indicated that there would be no new access and the current access is on Hendee Lane. Mr. Cormier indicated that there is a mobile home across Hendee Lane and another house at the end of Hendee Lane.
T. Konwin inquired if there would be additional parking required on the property. D. Nickless indicated that the current permit allows for 12 vehicles, and can be a combination of customer vehicles and/or vehicles for sale and is requesting no additional parking.
T. Konwin inquired if there would be any additional employees or an increase of hours. Mr. Cormier indicated that here would be no increase in employees or hours of operation.
Mr. Cormier indicated that the request is due to the need for more space as he currently has 1 working bay with a lift.
T. Konwin inquired if there would be an additional sign. Mr. Cormier indicated that the sign would be moved from one garage to the other, with the proper permits.
Mr. Cormier indicated that the current permit required a tree barrier, for which he has the holes dug and is anticipating planting 16 cedar trees to cover the 75’. A. Loomis indicated that the current permit, with the tree conditions was issued on March 2, 2006. A. Loomis inquired when the plantings would be complete. Mr. Cormier indicated that he could have this complete in 30 days.
There were no further comments from the Planning Commission members.
Motion by D. Nickless and seconded by T. Konwin close this hearing at 7:57 PM. Motion passed 3 – 0.
Motion by D. Nickless and seconded by T. Konwin to enter into Deliberative Session at 7:57 PM. The Planning Commission invited Atty. Facey to remain for Deliberative Session.
The Planning Commission exited Deliberative Session at 8:15 PM.
Motion by D. Nickless and seconded by T. Konwin to approve the application submitted by General Land Company with conditions of Road Maintenance Declaration, Map dated 3/3/10 from LaRose Surveys, PC, and the Covenance, Conditions and Restrictions for Gordon Hills, Pittsford. There was nothing that could be done at the Planning Commission level with regard to the off-site spring. Motion passed unanimously 3 – 0.
Motion by T. Konwin and seconded by T. Lewis to approve the application submitted by Paul Cormier with conditions of planting the 16 cedar trees over the 75’ area, beginning at the entrance access to Route 7 within the next 60 days. Motion passed unanimously 3 – 0.
The minutes of the June 24, 2010 Site Plan reviews were signed with no corrections.
Meeting adjourned at 8:20 PM
Kelly Giard, Recording Secretary
Don Nickless, Chair
Thor Konwin, Vice Chair