Pittsford Planning Commission Hearing
Special Hearing Subdivision – Draft
December 13, 2018
Board Members Present: Dave Mills, Kevin Blow, Mark Winslow, Ted Gillen, Rick Conway, Tom Markowski, David Soulia, Chuck Charbonneau
Also in Attendance: Robert Giddings, Rachel Giddings, Jeff Biasuzzi, Beverly Peterson, Elizabeth Simpson, Ed Brutkoski
- Call to order
The meeting was called to order at 6:00PM by Dave Mills – Chair.
- Approval of Agenda
A motion was made by David Soulia and seconded by Kevin Blow to approve the agenda. The motion passed unanimously.
- Swearing In
All participants that would be giving testimony were sworn in by Dave Mills.
- Zoning Administrator Comments
The public hearing was to discuss application 18-38 submitted by Robert and Rachel Giddings for a three-lot subdivision, including approval for a private access in lieu of public road frontage for commercial property at 1448 US Route 7 South.
Jeff Biasuzzi stated this is a minor subdivision in that there is a parceling of three properties from the commercial frontage the Giddings own. Lot #1 is 3.5 acres that has a commercial building for equipment sales, Lot #2 is 2.4 acres that includes a barn and shop that was the culvert facility and the back lot is 2.3 acres that does not have frontage on a right of way or road and is somewhat of a boundary line adjustment. The reason for the Planning Commission hearing is due to the Zoning regulations requirement because of lack of road frontage and has to be approved by the Planning Commission. In reviewing the survey work by the engineer, there is a 50-foot right of way for Lot #1. Lot #3 will be merged to the farm. Lot #2 will have access to their private right of way and Lot #1 will have road frontage. There has been some additional work that involves State requirements for wastewater. There is no improvements planned for Lot #3 and it will be agriculture land.
- Property Owner Comments
Robert Giddings advised the State is changing Route 7 and is taking the north right of way from them. There had been an access given to the State and they want to take it out. The Giddings want to put another right of way for the culvert shop because there will be a new slope to the land with the State’s changes. The Giddings advised they are currently in Superior Court and are working with the Assistant Attorney General because the State indicates they cannot make a break in the guardrail. Robert Giddings advised the State that he would give up the driveway to his house if they can have the new access to take care of the back building and his house. The State can then start a guardrail where the accidents are happening. Rick Conway understands the issue with the State and noted that the Giddings will retain a 50-foot right of way and that is what the Planning Commission is looking for. Robert Giddings stated they have 184 feet of road frontage, but to get to 200 feet is difficult to do. Mr. Conway stated the Giddings have demonstrated there is a 50-foot right of way with the town line and he does not see a problem with the application. From a zoning perspective, the lot was created before zoning existed and would be pre-existing non-conforming as far as zoning is concerned. It was thought that it was a very good site plan. Dave Mills stated there was mention of an Act 250 amendment and it was noted this was issued on November 8, 2018.
- Public Comments
There were no public comments.
- Discussion/Decision
Dave Mills reviewed the Site Plan Review in according with Section 1103 of the Zoning Regulations. Mr. Mills noted the adequacy of traffic access was discussed and there is nothing to be added to the access. There is nothing for provisions for sidewalks. It is an existing access. Parking and loading is out back and there is a good-sized parking lot. There is nothing to be added for landscape and screening and essentially everything will look the same. There are some roads out back and material has been put down for permeation. Mr. Giddings noted that over the years, there were areas driven on that became roads, but they will be grassed in. They put a well in 3.5 years ago that will be hooked up for the lower building and the house next door. Storm water has been taken care of. Jeff Biasuzzi noted Lot #3 is intended to be merged with the adjacent ownership and is not part of the permit of having any right of way access and needs to be merged and create a separate property.
A motion was made by Rick Conway and seconded by David Soulia to approve the application as submitted and the testimony by the applicants according to the Site Plan Review. The motion passed unanimously.
Rick Conway noted there are no conditions required.
The Zoning Administrator will submit a draft of the permit to the Planning Commission and once all are in agreement, the Chair or Vice-Chair can come to the Town Office to sign the document. A permit will be issued once the signed document is received by the Zoning Administrator.
Jeff Biasuzzi advised the Zoning Board has a reference that the Board as a whole provides authority to the Chair or Vice-Chair to sign the document once approved by all. Mr. Biasuzzi stated if he receives feedback from the members regarding a change, he will resend the document to all members for review. Dave Mills requested the Commission members respond to the Zoning Administrator if in agreement with the document or request changes.
A motion was made by Rick Conway and seconded by David Soulia to adopt a three-day review of its hearing decisions and if any changes, notify the Zoning Administrator, with the Board authorizing the Chair or Vice-Chair to sign the permit document once approved. The motion passed unanimously.
- Adjournment
A motion was made by Mark Winslow and seconded by Kevin Blow to adjourn the meeting at 6:23PM. The motion passed unanimously.
Respectfully submitted,
Charlene Bryant
Recording Secretary
Approved by,
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The Pittsford Planning Commission