brian napoli, chairman tibbs ahlberg, vice …...16-20 shelby request for amendment to zoning...

Orleans County Planning Board Minutes March 24, 2015

Brian Napoli, Chairman COUNTY OF ORLEANS Tibbs Ahlberg, Vice-Chairman PLANNING BOARD

14016 Route 31 West Albion, New York 14411-9382

(585) 589-3198

County Planning Board Minutes Regular Meeting County Administration Building March 24, 2016 Conference Room C, 7:00 p.m. CPB ATTENDING: Tibbs Ahlberg, Dan Strong, Terry Brown, Kevin Johnson, Mike Grabowski, Ron Vendetti,

Monica Seeler, Andy Kludt, Marty Busch, Joe Sidonio, Kirk Myhill, Gary Daum, Paul Hendel, Jean Benson, Tom Fenton, Edward Urbanik

LEGISLATOR: Ken DeRoller CPB EXCUSED: Brian Napoli, Christine Buongiorne CPB ABSENT: Danny Woodward, Jr., Tom Keeler GUESTS: Dan Seeler, Kirk Mathes STAFF: Jim Bensley, Sarah Gatti Vice-Chairman Tibbs Ahlberg called the regular meeting of the Orleans County Planning Board (CPB) to order at 7:00 p.m. He welcomed all present this evening, and in particular recognized Legislator Ken DeRoller. Kirk Myhill made a motion for APPROVAL of the minutes from the December 17, 2015 regular meeting as submitted, seconded by Kevin Johnson and carried unanimously. NEW BUSINESS Dan Strong spoke on behalf of fellow Nominating Committee members Gary Daum and Kirk Myhill saying consistency would remain throughout 2016 with Brian Napoli and Tibbs Ahlberg retaining their positions of Chairman and Vice-Chairman respectively. Vice-Chair Ahlberg then asked if there were any other nominations that CPB members wanted to make from the floor; none were offered. Thereafter, Kevin Johnson made a motion for APPROVAL of Brian Napoli as Chairman and Tibbs Ahlberg as Vice-Chairman of the Orleans County Planning Board for 2016, seconded by Paul Hendel and carried unanimously. Mr. Ahlberg expressed his gratitude for the continued confidence of the CPB. Director Bensley offered thanks on behalf of Mr. Napoli who had previously been excused from the meeting due to a conflicting commitment.

Orleans County Planning Board Minutes 2 March 24, 2015

New three-year terms began for the following CPB representatives: Albion (T) Full Barre Full and Alternate Gaines Full Holley Full and Alternate Yates Full The Town of Albion and Yates alternates were first-time appointees to the CPB while the Town of Gaines alternate position remains unfilled. With the exception of these CPB roster revisions, all existing members would continue their service. County Planner Gatti then indicated a blank CPB roster on which any revisions/updates could be made and would then be updated accordingly. A copy of CPB By-Laws was distributed to CPB members. No suggestions were offered when Director Bensley invited proposals for revisions. Director Bensley spoke of recent state legislation regarding the siting of manufactured homes. Ron Vendetti indicated that there had been no notice from the State about this law and believes it is open to a challenge because of its apparent impairment of the home rule power of municipalities. Prior to this legislation, mobile homes were only allowed to be located within a mobile home park; under this new law the only method of regulation would be based on dimensional requirements. Specifically, these dimensional requirements, such as minimum square footage of dwelling space, would have to be broadly prescriptive and apply to all single-homes within a municipality. Paul Hendel interjected to say this legislation is actually an amendment to a 2006 executive order. In preparation for the County’s evening training to be held on June 2nd at the Hoag Library in the Village of Albion, a list of course offerings, from the New York State Department of State (NYSDOS), was included alongside other CPB materials in the meeting packet. Additionally, courses that had been held over the last several years in both Niagara (Orleans County training partner) and Orleans County were available for review. Due to the lack of CPB meetings in January and February of 2016 selection of topics could not be postponed any further and CPB suggestions were asked for at that time. The selection of a few reserve topics was also requested in the event that NYSDOS doesn’t have the appropriate expert available to make a particular presentation, as has occasionally happened in the past. Paul Hendel suggested Affordable Housing, Solar Energy Regulation, or Wind Energy Regulation. Gary Daum indicated he would like to see Case Law Update for Planning and Zoning, Financial Analysis of Shared Services and a basic Planning Board or Zoning Board Appeals session such as Planning Board Overview, Planning and Zoning: An Introduction, or Zoning Board of Appeals Overview. Tibbs Ahlberg concurred with Daum regarding the course selection of Planning Board Overview. Kirk Myhill then stated the since Solar Energy Regulation was previously held last year, it might be a better decision to choose Wind Energy Regulation as a course. There was concern that Planning Board Overview, at two hours in length, was a bit too lengthy for a four-house training session to which Director Bensley stated that NYSDOS has reduced the length of sessions in the past in order to accommodate a wider selection of courses. Last, Kirk Myhill suggested Intermunicipal Planning. Director Bensley provided a final reminder that the Genesee/Finger Lakes Regional Planning Council’s Spring Local Government Workshop will be held at the Burgundy Basin Inn in Pittsford on May 14th and indicated that registration materials were available if any member was in need of one although registration materials were mailed in wide distribution to all town and village land use officials. County Planner Gatti distributed a summary of 2015 referrals to the CPB. Site plan reviews comprised the single largest category of applications (29), while the Town of Albion had the greatest number of actions (16).


The annual letter to municipalities outlining the requirements for a complete referral to the CPB was drafted and approved by Chairman Napoli and was further distributed for CPB input and approval. Director Bensley asked if there were any amendments the CPB wished to make to the draft, to which none were indicated. Kirk Myhill made a motion for APPROVAL, seconded by Andy Kludt and carried unanimously. County Planner Gatti presented the Map Orleans and CPB Referral Map online mapping applications to the CPB. These applications have a variety of uses and capabilities and are publicly available. Gatti asked that members of the CPB use the applications and make known any suggestions to improve efficiency of the applications to alert her of any discrepancies found in the data. Mr. Kludt stated that he was very impressed with this new method of obtaining data. Zoning Referrals 16-04 Ridgeway Request for Site Plan Review for Proposed 7,000 Square Foot

Addition to Existing Structure Located at 12590 Ridge Rd in General Business (GB) District.

Dan Wolfe stated the addition would be an open-sided eastern addition to accommodate the Mennonite population and their produce auction. Paul Hendel then sought confirmation that the addition would be approximately double the size of the current structure to which Mr. Wolfe responded in the affirmative. Gary Daum inquired if there had been any concerns regarding parking in the interim between the original CPB referral (2012) and the present; Tom Fenton responded that there had been none and moreover, that he had not seen more than 20 or 30 cars at that site in that time. Mr. Daum further asked if there had been any neighborhood concerns to which Mr. Wolfe stated there had not been. RECOMMENDATION for 16-04: Andy Kludt made a motion for APPROVAL WITH the following CONDITIONS, seconded by Kevin Johnson and carried by all voting members:

1. Any additional exterior lighting shall not produce glare off the premises, as judged by the Ridgeway Planning Board.

2. Off-street parking shall be provided in an amount sufficient to meet demand at times of peak use, as determined by the Ridgeway Planning Board.

16-05 Clarendon Request for Amendment to Zoning Ordinance: Reducing Minimum Size for

Structures Subject to Building Permits Applicable to all Zoning Districts. Kevin Johnson said the Town was proposing to change the building permit size requirement from 144 ft. to 64 ft. with the intent that an inspection would then be necessary for those structures as well. Terry Brown inquired if there was a quantity restriction, such as maximum amount of structures or a maximum lot percentage, on structures between 64 and 144 ft. allowed on one lot to which Mr. Johnson responded in the negative. Dan Strong suggested some sort of quantity restriction might bolster the strength of the ordinance and would be something for the Town to keep in mind. RECOMMENDATION for 16-05: Ron Vendetti made a motion for APPROVAL, seconded by Dan Strong and carried by all voting members (Kevin Johnson abstaining).


OTHER BUSINESS

Paul Hendel noted that Section 10 of the CPB By-Laws addresses the issue of public comment at CPB meetings. To this, Director Bensley stated that he had recently received a 32 page highly technical draft wind energy regulation from the Town of Yates and it might be timely to address Section 10 and further stated that the April meeting of the CPB may be moved to accommodate an expected greater number of attendees. Vice-Chairman Ahlberg said the CPB would address the issue at hand—the draft zoning regulations and let Chairman Napoli set the ground rules at the start of the April CPB meeting.

ADJOURNMENT

There being no further business, Paul Hendel made a motion to ADJOURN at 8:12 p.m., seconded by Kirk Myhill and carried unanimously.

Respectfully Submitted,

Sarah E. Gatti Acting Executive Secretary

Orleans County Planning Board Minutes 1 April 28, 2016

Brian Napoli, Chairman Tibbs Ahlberg, Vice-Chairman

County Planning Board Minutes

Regular Meeting Carlton Recreation Hall April 28, 2016 7:00 p.m.

CPB ATTENDING: Brian Napoli, Tibbs Ahlberg, Christine Buongiorne, Tom Keeler, Wes Miller, Terry Brown, Kevin Johnson, Mike Grabowski, Ron Vendetti, Monica Seeler, Andy Kludt, Marty Busch, Joe Sidonio, Tom Fenton, Tim Elliott, Gary Daum, Ed Urbanik, Paul Hendel, Jean Benson

LEGISLATOR: Ken DeRoller, Fred Miller

ELECTED OFFICIALS: Jim Simon, Mark Chamberlain, Wes Bradley

CPB EXCUSED: Dan Strong, Kirk Myhill, Gary Watts, Darryl Sanford

CPB ABSENT: Danny Woodward, Jr.

GUESTS: William Fetzner, Dan Seeler, Dale Nikitas, Bruce Williams, Ben Yazman, Dan Fitzgerald, Wes Bradley, Cynthia Heller, Anne Smith, Paul Salmons, Shelley Salmons, Jim Bausbach, Pam Atwater, Jim Shoemaker, Lynne Fhine, Paul Juntlid, Dan Wolfe, Stacey Pellicaro, Taylor Quarles, Rob Williams, Cathi Orr, Donn Riggi

STAFF: Jim Bensley, Sarah Gatti

Chairman Napoli called the regular meeting of the Orleans County Planning Board (CPB) to order at 7:02 p.m. and welcome everybody noting the presence of Legislator Ken DeRoller. Mr. DeRoller further welcomed Legislator Fred Miller, Town of Yates Supervisor Jim Simon, Town of Yates Councilman Wes Bradley, and Town of Barre Supervisor Mark Chamberlain.

COUNTY OF ORLEANS PLANNING BOARD


(585) 589-3198


Ron Vendetti made a motion for APPROVAL of the minutes from the March 24, 2016 regular meeting as submitted, seconded by Gary Daum and carried unanimously.

OLD BUSINESS

Director Bensley provided an update on the course selection status for the upcoming County land-use training to be held in June. He noted that although the courses differed from what the CPB has selected last month, he believed members would be satisfied with the changes. The New York Department of State Office of General Counsel had agreed to attend the training to teach “Case Law Update” only if the entire workshop consisted of legal-based issues. Director Bensley stated it had been nine years since “Case Law Update” was last held in Albion and urged members to come because it might be a similarly long interval before they attend again. Next, the Director offered a final reminder to CPB members about the Spring Local Government Workshop sponsored by the Genesee/Finger Lakes Regional Planning Council to be held at the Burgundy Basin in Pittsford on Thursday, May 20th. He indicated that brochures were available online and in the Planning Department’s office.

NEW BUSINESS

Chairman Napoli addressed the question of whether public comment would be permitted at this meeting.

Ron Vendetti made a motion for DENIAL of public comment, seconded by Tom Fenton and carried by six additional members (Tom Keeler abstaining). Therefore, the requirement of a quorum was not met and the motion did not pass.

Paul Hendel then made a motion to ALLOW public comment with the following stipulations:

1. No repetition2. Comments be limited in time at the Chairman’s discretion3. Comments be specific to subject at hand

This motion was then seconded b Gary Daum and carried by eleven additional board members, therefore meeting the requirements of a quorum and being passed.

Zoning Referrals

16-06 YATES Request for New Local Law: Six Month (180 days) Moratorium onWind Energy Conversion Systems.

Gary Daum indicated Jim Simon to be the point person on this referral and turned the dialogue over to him. Simon thanked the CPB for the chance to address the

issue at hand and continued to state that the Town of Yates Board has unanimously sent this referral to the CPB and that the existing zoning regulation, commenced in 2006, is now ten years out of date. He further explained that the 2006 zoning regulations also required a moratorium (1.5 year) during their formulation. Simon then stated that the Town is doing due diligence with regard to changes in technology, comprehensive plan update, and the local waterfront revitalization program (LWRP) update happening in the municipality. Simon further stated that the LWRP was signed by the Town in 1999


while the Western Orleans Comprehensive Plan was signed 13 years ago and both are necessarily in need of updating. The updating process regarding the Western Orleans Comprehensive Plan is to commence immediately following the approval of this moratorium. Supervisor Simon proceeded to inquire if there were any questions. Paul Hendel inquired if wind measurement towers (met towers) were included in this moratorium to which Mr. Simon responded affirmatively. He further elaborated that Dan Spitzer, land use legal expert, had advised them that any wind device should be excluded during this moratorium. Mr. Hendel then asked if there were any existing met towers in the Town; Mr. Simon responded that there was one existing. Director Bensley then notified the guests that the floor was now open to any comments regarding this referral. Taylor Quarles, development manager for Lighthouse Wind, spoke citing his support of the Town in their pending revisions to the LWRP but pointed out that this project is subject to the Article 10 review process. He further stated that Lighthouse Wind had submitted an application to the Town for an additional met tower and feels the proposed moratorium would only affect their application, as there are no other such applications in the Town. This prohibition would then restrict their ability to gather data on wind conditions. Mr. Quarles respectfully asked that the CPB consider denial of this action. Mr. Hendel interjected asking for clarification from Mr. Quarles that an application for a met tower had previously been submitted to the Town; Mr. Quarles responded affirmatively. Supervisor Simon rebutted that the met tower application is not the issue under examination by the CPB tonight and as such, it was inappropriate to discuss at this time. Mr. Hendel than inquired of Director Bensley whether an application that has been submitted, but not acted upon, is then subject to prohibition under a moratorium? Director Bensley replied that moratoria can apply to applications in the pipeline. Dan Fitzgerald, project manager for Lighthouse Wind, then spoke expressing his confusion as to why this moratorium is just directed at wind energy facilities and not all development. Joe Sidonio interjected and inquired if there was a met tower in operation right now and if so, what need is there for an additional met tower? Mr. Quarles explained an additional tower would provide more comprehensive data. Mr. Sidonio then noted that the conversation seemed to be shifting away from the topic at hand – the moratorium – and suggested the comments be redirected towards that subject. Jean Benson then reiterated Mr. Fitzgerald’s comment and inquired why the moratorium was limited only to wind energy facilities. Supervisor Simon answered citing a recommendation from the Town’s special counsel that stated wind energy facilities be restricted because of its unique impacts. Director Bensley offered clarification to explain that moratoria can be written to address a single use and that case law provides municipalities a fair amount of latitude with this type of regulation.

RECOMMENDATION for 16-06: Ron Vendetti made a motion for APPROVAL seconded by Joe Sidonio and carried by all voting members (Gary Daum and Tom Keeler abstaining)

16-07 YATES Request for Amendment to Zoning Ordinance Text: Regulating Wind Energy Conversion Systems.

Supervisor Simon provided the following background on the zoning amendment at hand: The Town started with a similar zoning ordinance from the Town of Somerset in Niagara County. An ad hoc committee was formed by vote of the Town Board and that committee proceeded to meet several times, reviewing 70+ laws ranging from local, state, and federal laws to European regulations. He believes this law is a reasonable, but admittedly, imperfect document. The Town is open to suggestions and is currently evaluating public comments from their meeting the week prior. Mr. Hendel questioned an apparent discrepancy in the document where it is stated on page eight that Wind Energy Conversion Systems (WECS) are offered some relief from setback requirements if they are to be used for agriculture but on page 16, these setbacks appear to be significantly greater than previously indicated. Supervisor Simon explained that page eight refers to small WECS, under certain kilowatts, while page 16 refers to larger-scale WECs. Mr. Hendel then inquired if the Wind Energy Overlay District had been mapped; Mr.


Simon responded that this District is in the existing law and is a great tool to protect residents. Hodgson Russ, a law firm retained by the Town for this regulation, had advised inclusion of this term. Mr. Hendel further questioned the Real Property Valuation clause which holds the applicant responsible for a period of ten years to guarantee against property devaluation. Supervisor Simon explained this would not apply if the property devaluation was unrelated to wind energy uses. Mr. Hendel then stated that although he respected the Town’s ability and interest to pass legislation that best represents its constituents he believes this law has potential to open the Town up to challenges in courts. As long as the Town is aware of this opportunity, he sees this regulation as acceptable. That being said, Mr. Hendel expressed additional concern regarding the liability of the CPB if they do approve the zoning amendment. If the regulations were to get challenged in court, where would the County and the CPB stand? Director Bensley stated that since the CPB is an advisory body it cannot be party to a lawsuit. He further stated that he had, in the past, spoken with the County attorney who confirms that since the CPB is not the final action party, there are no grounds for liability. Ed Urbanik then vocalized his similar concerns regarding the Town itself and suggested waiting to see what, if any, legal retribution the Town of Somerset faces stemming from their similar regulations. To this, Ron Vendetti said that the responsibility of the CPB is to look the legislation and not any other issues. If our advisory position says this legislation is reasonable, then our decision should be approval no matter how we personally feel about wind energy. Director Bensley interjected saying that this was uncharted territory as no other Article 10 review had reached this point in the State. He further explained he was unsure of the outcome if legislation was challenged in court. Mr. Hendel reiterated his stance that as long as the Town recognized there would likely be significant legal issues, and the CPB/County is not involved, he is in favor of the legislation. Tom Keeler inquired if the CPB approved the legislation and a precedent was set, would there then by any legal issues? Director Bensley again stated there is no reason to be held accountable. Chairman Napoli stated the CPB looks as each referral independently and since the CPB does not have final action authority, our job essentially ends when a recommendation is sent to the Town. He then recalled that the CPB was named in a lawsuit some time ago but was removed almost immediately by the judge. Supervisor Simon assured the CPB that he, and the Town, are aware of the potential legal consequences but is confident in the legislation based on review by legal counsel in both Orleans and Niagara Counties. Tibbs Ahlberg inquired if there were exemptions provided for WECs in agricultural districts. Supervisor Simon indicated that Mr. Hendel had previously questioned this topic. Mr. Hendel then paraphrased the regulations saying that WECS in an agricultural district are not subject to the same restrictions. Director Bensley then questioned the lack of a definition for the term Wind Energy Overlay District; Supervisor Simon noted that it has been previously defined in the existing legislation and will be defined at such a time where there is an application. Mr. Hendel questioned how applicants would know where to site their projects if there was no definition? Supervisor Simon responded that since WECS would only be allowed in agricultural/residential districts this would then be their starting point. Director Bensley then stated his belief that the Wind Energy Overlay District was a floating zone although not explicitly called such in the legislation. At this point, public comment was accepted. Mr. Quarles explained that Lighthouse Wind has no qualms with the reanalysis of the Town’s legislation. He further explained that they do not have the authority of eminent domain and as such are reliant on landowners’ permission to site their projects. Mr. Quarles implicated that the restrictions in the proposed legislation would negatively impact those landowners by restricting their ability to build barns and other agricultural structures on their property if a portion had been leased to Lighthouse Wind. Cynthia Hellert, representative of Save our Shores and a member of the ad hoc committee, then spoke of the many hours that had been spent creating and reviewing this legislation word-by-word of which the sole purpose is to enhance the safety, welfare, and protection of the Town’s citizens. She expressed her full support for the Town of Yates and noted that a lot of the technology regarding WECS has changed since 2008 necessitating an update. Ms. Hellert then noted that three county legislatures had come out against these sorts of projects as well as numerous other organizations. Finally, she noted that the American Bird Conservancy had named this potential wind farm as one of the


top ten worst sited in the country. Rob Williams, a homeowner in Yates, expressed concern over the impact WECS would have on his airport (Tigerpaw). Williams stated WECS would pose a significant issue due to height, proximity, and downwind turbulence. He believes these impacts would be so severe that the airport may potentially be forced to close its doors. He expressed his full support for the Town of Yates. Dan Fitzgerald then stated that Lighthouse Wind would be glad to speak about project anytime with anybody. Fitzgerald also noted that definition of WECS is defined to include lines and roads which essentially eliminates the ability of turbine-to-turbine connections. He views this as a de facto ban on WECs. Cathi Orr, Niagara County resident, explained that she had moved from Wyoming County to escape the wind turbines only to be threatened with the same issues at her new residence. Orr stated the negative impacts to be unimaginable: the noise of the pile driving, the impact on the roads, the years it takes to repair them, the erosion of the tax base and accompanying tax increase on those are subject to taxes, and the negative impacts on property values. She noted that house sales in Orangeville since 2013 have been stagnant or sold below assessed value. Gary Daum then spoke, saying that the Town is in the middle of a long and new process with an unknown timeline on all sides. He further believes that due diligence has been conducted on both sides but is going to take many years to know how this process works. Supervisor Simon noted his appreciation of Mr. Daum’s comment and stated for the record that this amendment was never about any specific project and that banning WECS was never a part of the conversation. He then indicated that Apex’s comments were also under review along with other public comment received by the Town. Lastly, Supervisor Simon noted that every point made by Lighthouse Wind was to be expected of a developer but this legislation is written for the Town’s residents and not developers. Mr. Ahlberg inquired if the Town expected to get the law perfected within the window of the six-month moratorium, Supervisor Simon responded affirmatively noting that the legislation will likely be done but he is unsure if the LWRP or Western Orleans Comprehensive Plan will be done as well. Mr. Ahlberg then asked when NYS would become involved with the Article 10 process. Supervisor Simon responded that a siting board had just been constituted but in lieu of an official application there have been no deliberations. Joe Sidonio stated that the audience, both sides, needed to understand the CPB is constituted of people that care and are just good people. He indicated his agreement with Mr. Hendel about the potential legal consequences and also agreed with Mr. Vendetti about the value of municipal home rule. Mr. Sidonio also concurred with Tom Keeler’s concern about the long-term ramifications of this decision. That being said, Mr. Sidonio restated the advisory nature of the CPB and indicated his wish that these comments be added to the final recommendation.

RECOMMENDATION for 16-07: Joe Sidonio made a motion for APPROVAL seconded by Marty Busch and carried by all voting members (Gary Daum, Christine Buongiorne, Jean Benson, Monica Seeler, and Ed Urbanik abstaining).

16-08 CLARENDON Request for Special Use Permit to Operate Home Occupation (firearm sales) at 4257 Hindsburg Rd in Residential/Agricultural (RA) District.

Kevin Johnson explained that this business had been in operation from 1999-2009 and closed down due to the owner’s lack of time. There was never any plan to reopen. However, circumstances had changed and the applicant now wishes to reopen the business under identical special use permit conditions and at the same location. The building is approximately 24 ft. by 30 ft. and sits isolated in a field. Mr. Johnson continued to provide information saying the neighborhood is relatively small with only houses on Hindsburg Rd. People in Clarendon had always wondered what caused the shop to close and are glad the applicant is reopening. Terry Brown inquired whether outdoor firing would be permitted at the shop, Mr. Johnson responded in the negative. Mr. Johnson elaborated further, stating the applicant has got all the necessary permits and is going to comply with all new regulations that are in effect.


RECOMMENDATION for 16-08: Tim Elliot made a motion for APPROVAL with the FOLLOWING CONDITION, seconded by Tom Keeler and carried by all voting members (Kevin Johnson abstaining):

1. Any outdoor advertising sign (6 sq. ft. maximum) shall not be located in the highway right-of-way or pose an obstruction to the sight lines for vehicles attempting to exit the property.

16-09 ALBION (V) Request for Area Variances (16-09A), and Site Plan Review (16-09B) for Installation of Automatic Teller Machine (ATM) and Freestanding Sign at 151 S. Main St in General Commercial (GC) District.

Ron Vendetti provided information on the project explaining that there are ATM standards the applicant had to meet, regarding fencing and the aesthetic quality of machine, and that those standards had indeed been met. Bank of America is keeping their existing walk-up ATM located across the street. Mr. Vendetti stated he did not anticipate any problem with this proposal. Tim Elliott inquired if signage would be located only on Platt St., Mr. Vendetti clarified that signage would be located only on S. Main St and would be co-located with the existing Dunkin’ Donuts sign. Director Bensley noted that County Planner Sarah Gatti had, in her report, noted the sign as depicted lacked any indication that it was an ATM only. He then inquired if that could be changed to which Mr. Vendetti responded in the affirmative.

RECOMMENDATION for 16-09A: Tom Fenton made a motion for APPROVAL seconded by Andy Kludt and carried by all voting members (Ron Vendetti abstaining).

RECOMMENDATION for 16-09A: Gary Daum made a motion for APPROVAL with the FOLLOWING CONDITIONS, seconded by Andy Kludt and carried by all voting members (Ron Vendetti abstaining):

1. The Village of Albion Planning Board shall determine the nature and extent of additional bufferingand screening, if any, to protect the owners’ privacy and enjoyment of adjacent properties.

2. Exterior lighting, if any, shall not illuminate areas beyond the parcel, as determined by the Villageof Albion Planning Board.

3. The free-standing sign location shall not obstruct sight lines for vehicles attempting to exit theproperty.

16-10 ALBION (V) Request for Amendment to Zoning Ordinance: Six Month Moratorium on Mobile Home Construction Outside of Mobile Home Parks.

Ron Vendetti explained that after the creation of a State law regarding manufactured home siting, he had first discussed the issue with the Town of Murray Board and then the Villages of Albion and Holley. All of these municipalities felt they needed time to reevaluate their regulations and with the upcoming training in May (where this is a course topic) this moratorium is especially relevant. Andy Kludt sought confirmation that only mobile home construction outside of mobile home parks was to be limited, Mr. Vendetti then confirmed this. Joe Sidonio inquired if since these last three referrals were identical a batch motion could be undertaken; Director Bensley and Chairman Napoli stated their shared belief that there should be separate motions.

RECOMMENDATION for 16-10: Andy Kludt made a motion for APPROVAL seconded by Tim Elliot and carried by all voting members (Ron Vendetti abstaining).


16-11 MURRAY Request for Amendment to Zoning Ordinance: Six Month Moratorium on Mobile Home Construction Outside of Mobile Home Parks.

RECOMMENDATION for 16-11: Joe Sidonio made a motion for APPROVAL seconded by Tim Elliot and carried by all voting members (Ron Vendetti and Paul Hendel abstaining).

16-12 HOLLEY Request for Amendment to Zoning Ordinance: Six Month Moratorium on Mobile Home Construction Outside of Mobile Home Parks.

RECOMMENDATION for 16-12: Andy Kludt made a motion for APPROVAL seconded by Tim Elliot and carried by all voting members (Ron Vendetti and Monica Seeler abstaining).

OTHER BUSINESS

Ron Vendetti inquired if any other towns had examined their regulations regarding the siting of manufactured homes to a general response of no. He then suggested every town undertake this task and amend accordingly. Mr. Vendetti further stated that all regulations should look similar to make things simpler and to perhaps one day realize the idea of County-wide code enforcement.

ADJOURNMENT

There being no further business, Tom Fenton made a motion to ADJOURN at 8:44 p.m., seconded by Terry Brown and carried unanimously.



Orleans County Planning Board Minutes 1 May 26, 2016

Brian Napoli, Chairman COUNTY OF ORLEANS Tibbs Ahlberg, Vice-Chairman PLANNING BOARD


(585) 589-3198


Regular Meeting County Administration Building May 26, 2016 Conference Room C, 7:00 p.m.

CPB ATTENDING: Brian Napoli, Tibbs Ahlberg, Dan Strong, Wes Miller, Terry Brown, Monica Seeler, Danny Woodward, Jr., Tom Fenton, Kirk Myhill, Paul Hendel

CPB EXCUSED: Christine Buongiorne, Tom Keeler, Kevin Johnson, Russell Bosch, Andy Kludt, Marty Busch, Joe Sidonio, Gary Daum, Ed Urbanik, Jean Benson

CPB ABSENT: Mike Grabowski, Ron Vendetti

GUESTS: Della Sliker, Ben Flansburg, Daniel Seeler

STAFF: Sarah Gatti

Chairman Brian Napoli called the regular meeting of the Orleans County Planning Board (CPB) to order at 7:03 p.m. and welcomed all present this evening.

Staff confirmed there was a quorum present after roll call with ten voting members being present at the meeting and noted a quorum consists of at least nine members for the purposes of the CPB.

Terry Brown made a motion for APPROVAL of the minutes from the April 28, 2016 regular meeting as submitted, seconded by Tom Fenton and carried unanimously.

OLD BUSINESS

Staff offered a final reminder that the County Land Use Workshop is to be held on Thursday, June 2nd at the Hoag Library in the Village of Albion and noted “Case Law Update’” was being offered – a topic that is much requested but has not been offered at this training for the past nine years.

NEW BUSINESS

Staff reported on the progress of litigation in the Town of Wheatfield where the action of spreading biosolids as an agricultural practice has been banned by local law. On May 6, the Niagara County courts upheld the Town’s ability

Orleans County Planning Board 2 May 26, 2016

to enact such a law while expressing deference to the New York State Department of Agriculture and Markets pending determination of the restrictiveness of such a law.

Next, Staff shared the most recent building permit statistics from the United States Census Bureau, noting there had been a 63% decrease in the ten-year period from 2005 to 2015 of building permits issued in the County. Explanations offered are as follows: the Great Recession of 2008, the aging population (baby boomers) who may not be building new, and the affordability of existing housing stock in the County. Chairman Napoli contributed by relaying the contents of an article he had seen in Buffalo Business First magazine containing statistics for population change across 50 communities in the Western New York Region. He noted Ridgeway was number 47 on the list and had lost 249 people since 2010.

Zoning Referrals

16-13 ALBION (T) Request for Site Plan Review for Agricultural Service Business in Existing Structure with Planned Addition at 14530 E. Lee Rd. in Residential/Agricultural (RA) District.

Dan Strong stated the applicant, Ben Flansburg, was present. Mr. Strong next explained the prior use of this site: a cabbage storage facility for CY Farms. Mr. Flansburg’s company is currently located in Genesee County although he is an Albion native and would like return his operation back into Orleans County. Mr. Strong then indicated that Mr. Flansburg would be presenting a short slideshow on his business to explain its nature and impact. Mr. Flansburg provided the following information: the business is a family-owned operation that started in 2007 out of his home. Since that time, the business has expanded and they have outgrown their current location with no room for expansion. Paul Hendel extended congratulations to Mr. Flansburg and welcomed him back in the County.

RECOMMENDATION for 16-13: Kirk Myhill made a motion for APPROVAL WITH the following CONDITIONS, seconded by Wes Miller and carried by all voting members (Dan Strong abstaining):

1. Off-street parking shall be provided in a sufficient amount, as determined by the Albion PlanningBoard.

2. Outdoor signage, if any, shall not be located in the highway right-of-way or pose an obstruction tothe sight lines for vehicles attempting to exit the property.

16-14 ALBION (T) Request for Site Plan Review and Special Use Permit for Proposed Dog Agility Training Facility at 3446 Eagle Harbor West Barre Rd in Residential/Agricultural (RA) District.

Dan Strong explained that the applicant was previously located in Medina but would instead like to pursue business in the Town of Albion. The business is to be constructed in phases as capital allows. He further explained that although no boarding, breeding, or grooming is to be done on the premises this use is nonetheless defined as a kennel under the Town’s Zoning Ordinance. A video of an agility meet was then shown to members of the CPB. The applicant, Della Sliker, explained the video was from a European meet where she competed on the United States team. She stated her hope to build an indoor training facility noting there is a lack of such facilities in Western New York and the region as a whole. Ms. Sliker would like to teach classes all year but inclement weather often prevents this, hence the need for an indoor facility. She also indicated the benefit of the building as a means to eliminate any noise of dogs running or barking. Ms. Sliker explained the outdoor portion of the facility would be fenced in to keep dogs safe. Additionally, no classes are to be held after dark due to the lack of outdoor lighting. There is no desire or intent to add outdoor lighting to the site. Classes consist of no more than six people and range from 1 to 1.5 hours in length. Mr. Strong noted his belief that this seemed to be a well-thought plan. Terry Brown inquired whether there were any bathroom facilities for customers on site. Ms. Sliker answered in the negative and


stated there were none at her previous facility either. Mr. Brown questioned whether this was appropriate at times when agility competitions are held; Mr. Strong stated a temporary facility would be sufficient for such an occurrence. Paul Hendel sought confirmation that this use was indeed an acceptable use with the issuance of a Special Use Permit to which Mr. Strong responded affirmatively. There was some discussion about whether the CPB was examining the entire project or just the fenced-in area to be constructed immediately (pending final approval). Mr. Strong explained the entire project is under review and that we are proceeding under the assumption that it will all be constructed; this was done in an effort to eliminate additional steps in the approval process (i.e., a second application to the CPB). Paul Hendel inquired if a Special Use Permit would expire after a certain amount of time if not all construction had begun. Mr. Strong stated it would not and that a building permit has a term of one year before expiration but can be renewed annually during construction. Kirk Myhill asked what the building would be used for; Ms. Sliker stated it would be used for training during the winter. Terry Brown inquired of what material the ground cover would consist of to which Ms. Sliker stated dirt and possibly artificial turf. Terry Brown then questioned whether it was the responsibility of the CPB to consider facilities now since the entire project is under review. Staff noted the referral submitted to the Department of Planning and Development contained a letter stating that all requirements set forth by the Orleans County Health Department will be complied with and that, as of yet, no such requirements have been made known. Mr. Strong concurred and explained it is his intent to seek guidance and work with the Health Department when the time comes.

RECOMMENDATION for 16-14: Paul Hendel made a motion for APPROVAL with the FOLLOWING CONDITIONS, seconded by Terry Brown and carried by all voting members (Dan Strong abstaining):

1. Procedures for animal waste storage and disposal shall be acceptable to the Albion PlanningBoard.

2. The Albion Planning Board shall require any screening and/or landscaping that it deemsnecessary to protect the privacy and enjoyment of property of the occupants of the residenceimmediately to the west.

3. Lighting should be constructed as to minimize any ambient light pollution on neighboringresidences.

4. Signage, if any, shall not be located in the highway right-of-way or pose an obstruction to the sightlines for vehicles attempting to exit the property.

16-15 HOLLEY Request for Special Use Permit to Operate Home Occupation (quilt printing) at 120 W. Albion St. in Single-Family Residential (R-1) District.

Monica Seeler explained there are to be no customer sales on site, it is an allowed use, and it only needed to go through the Special Use Permit process because it is a home occupation. Kirk Myhill inquired if they owned the property to which Monica Seeler answered in the affirmative.

RECOMMENDATION for 16-15: Wes Miller made a motion for APPROVAL with the FOLLOWING CONDITION, seconded by Terry Brown and carried by all voting members (Monica Seeler abstaining):

1. The size of the signage shall conform to the Village of Holley Zoning Ordinance.

16-16 CLARENDON Request for Amendment to Zoning Ordinance: One Year Moratorium on Mobile Home Construction Outside of Mobile Home Parks.

Staff explained this moratorium was identical to the three moratoria seen on last month’s agenda with the exception that this moratorium is for the period of one year rather than six months.


RECOMMENDATION for 16-16: Dan Strong made a motion for APPROVAL, seconded by Terry Brown and carried by all voting members.

OTHER BUSINESS

Staff made CPB members aware that she was in the process of drafting solar regulations which should be ready for inclusion on next month’s agenda and further explained these regulations were to be comprehensive with a specific focus on protecting land in Agricultural Districts in addition to Prime Farmland.

ADJOURNMENT

There being no further business, Terry Brown made a motion to ADJOURN at 7:43 p.m., seconded by Kirk Myhill and carried unanimously.




COUNTY OF ORLEANS

PLANNING BOARD

14016 Route 31 West

Albion, New York 14411-9382

(585) 589-3198


Regular Meeting County Administration Building

July 28, 2016 Conference Room C, 7:00 p.m.

CPB ATTENDING: Christine Buongiorne, Dan Strong, Tom Keeler, Terry Brown, William

Camann, Kevin Johnson, Mike Grabowski, Andy Kludt, Andrew Cousins,

Marty Busch, Joe Sidonio, Tom Fenton, Kirk Myhill, Gary Daum, Tibbs

Ahlberg, Jean Benson

CPB EXCUSED: Ron Vendetti, Paul Hendel, Brian Napoli

GUESTS: Norman Miller, Jo Donna Sugar, John Sugar

STAFF: Jim Bensley, Sarah Gatti

Vice-Chairman Tibbs Ahlberg called the regular meeting of the Orleans County Planning Board

(CPB) to order at 7:00 p.m. and welcomed Andrew Cousins as a recent addition to the County

Planning Board roster. Likewise, Vice-Chairman Ahlberg welcomed all other members and

guests to the meeting.

Gary Daum made a motion for APPROVAL of the minutes from the May 26, 2016 regular

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

Orleans County Planning Board Minutes 1 1

OLD BUSINESS

Director Bensley discussed the restrictive nature of the New York State law regarding the siting

of manufactured homes as explained at the County land-use training held on June of 2016.

Natasha Phillips, an attorney with the Department of State, made it apparent at the event that

municipalities do not have much leverage with regard to dimensional regulations of

manufactured homes. An excerpt of the law states, “…[a structure of] eight body feet or more in

width of forty body feet or more in length, or, when erected on site, is three hundred twenty or

more square feet…” must be allowed by municipalities. Joe Sidonio then inquired if municipal

architectural standards would have any bearing on the siting of these structures; Director Bensley

explained that if manufactured homes can meet the architectural standards of a municipality, they

must be allowed. That being said, such standards may be “bulked up” but then must apply

uniformly to all stick-built homes. Joe Sidonio remarked on the excellent session given by

Natasha Phillips saying she did a nice job with the material. Director Bensley agreed, citing the

large turn-out and informative courses offered at the County land-use training.

Next, Director Bensley provided the most recent update regarding the status of the spreading of

sewage sludge as an agricultural practice. The New York State Department of Agriculture &

Markets has issued a letter declaring the Town of Wheatfield’s law, prohibiting the spreading of

sewage sludge, is an unreasonable restriction on farm operations. The Town of Wheatfield has

stated their plans to appeal this declaration.

NEW BUSINESS

Director Bensley discussed the state of agricultural value assessments in the County –

specifically the number of parcels receiving this assessment, the comparison of total assessed

agricultural value versus the value of agricultural exemptions, and agricultural value exemptions

as a percentage of the total assessed agricultural value. He explained how this data demonstrated

the robust nature of agriculture in the County. Joe Sidonio then inquired if there was a recent

edition of the Cost of Community Services report in circulation to which the Director responded

that he was unsure but would certainly research the question. Mr. Sidonio stated his belief that

this document might help the public at large to realize that although agriculture, in general, pays

a lesser tax they do not receive as many services.

County Planner Gatti presented draft solar regulations to members of the CPB. She explained

these regulations to be comprehensive and noted that municipalities should tailor the document

to meet their specific needs. Gatti further commented on the focus on farmland protection that

CPB members would notice in the document citing the need to locate solar arrays on marginal

farmland wherever possible. To this end, a prime farmland map was developed and included as

part of the draft solar regulations. Ms. Gatti offered each member a municipal-specific map upon


request. Andy Kludt questioned how prime farmland, for the purposes of this map, was

determined. In response, Ms. Gatti explained the three types of farmland classified by the United

States Department of Agriculture (USDA):

1. Prime farmland

2. Unique farmland, other than prime

3. Additional farmland of statewide importance

She further explained that the draft solar regulations are based on prime farmland boundaries

(no. 1) only. Mr. Kludt then stated that numerous landowners in the Town of Kendall had

received contracts regarding large-scale solar farms locating on their property. These contracts

were then sent to an attorney who, upon review, urged landowners to refraining from signing the

document. Details/concerns of the contract are as follows:

· forty- year contract

· $1,500 per acre/year

· landowner is prohibited from entering land after lease is signed

· question of financial impact if company goes bankrupt or ceases to operate

Mr. Kludt believes only one contract had been signed by an out-of-town landowner. Terry

Brown questioned whether the removal of solar panels during the roofing process would then

require an additional inspection upon reinstallation. Dan Strong responded in the affirmative. Mr.

Brown then wondered if any other towns/villages had adopted anything similar to the County’s

draft solar regulations; Kirk Myhill replied that the Town of Shelby’s proposed solar regulations

were presently on the CPB agenda.

Director Bensley notified the CPB of the pending update to the Western Orleans Comprehensive

Plan, completed 13 years prior, in which the Department of Planning and Development has

agreed to assist. Director Bensley further stated that starting August 15 an additional planner

would be on staff, thus enabling the Department to assist other municipalities should they wish to

begin similar projects. Director Bensley encouraged towns/villages to work jointly on their

comprehensive plans and stated that zoning updates should be avoided until the former have

been completed.

Zoning Referrals

16-18 RIDGEWAY Request for Amendment to Zoning Map: Rezoning of Three Parcels

on Fruit Ave. from Agricultural/Residential (AR) to General

Business (GB).

Code enforcement officer, Dan Wolfe, provided background information on the proposed

rezoning explaining that the applicant had initiated the request due to his expanding home


occupation (book binding and sales). The applicant considers a General Business (GB) District

zoning designation more hospitable to this use then an Agricultural/Residential (AR) District.

Mr. Wolfe further explained the GB District does encompass a small portion of the applicant’s

lot on its northwest corner. Norman Miller, the applicant, explained his business deals with mail-

order books and there are occasionally United Parcel Service (UPS) trucks on the premises.

Terry Brown questioned the uniform setback of the zoning districts noting they do not follow

parcel boundaries; Dan Wolfe affirmed this noting a consistent 750 ft. setback from street

centerlines across the majority of Ridgeway’s zoning districts. Director Bensley questioned

whether it was necessary for the rezoning to extend to such a southern extent and suggested it

stop just south of parcel number 57.-1-78 to match the western extent of the GB District already

in existence. Mr. Wolfe and Mr. Miller both agreed with this condition.

RECOMMENDATION for 16-18: Andy Kludt made a motion for APPROVAL WITH the

following CONDITION, seconded by Dan Strong and carried by all voting members (Tom

Fenton abstaining):

1. The proposed rezoning shall only extend southerly to match the southern

extent of the General Business District on the west side of Fruit Avenue.

16-19 ALBION (T) Request for Site Plan Review and Special Use Permit for Proposed

Home Business (Pet Grooming) at 15447 Holley Rd. in

Residential/Agricultural (RA) District.

Dan Strong stated this home business will focus strictly on pet grooming with no other activity

(i.e., boarding and/or breeding). The applicant desires to grow her business gradually and, as

capital allows, eventually relocate to a village storefront setting. Mr. Strong noted that applicant

had graduated from the Microenterprise Small Business Assistance program.

RECOMMENDATION for 16-19: Tom Keeler made a motion for APPROVAL with the

FOLLOWING CONDITIONS, seconded by Gary Daum and carried by all voting members

(Dan Strong abstaining):

1. Exterior lighting, if any, shall not produce glare onto highway right-of-way or

adjoining properties.

2. Signage, if any, shall not be located in the highway right-of-way or pose an

obstruction to the sight lines for vehicles attempting to exit the property.


16-20 SHELBY Request for Amendment to Zoning Ordinance: Adoption of Solar

Energy Regulations (Mounted and Freestanding) to Permit Building

in all Zoning Districts Subject to Detailed Regulation.

Kirk Myhill stated that approximately a year ago the Town consulted an attorney prompted by

the growing issue of solar panels in the Town. The attorney is from a group in Syracuse, NY that

focuses strictly on zoning law. Mr. Myhill explained the Town and attorney had worked together

to create this “basic” set of solar regulations which he summarized as follows: rooftop mounted

solar panels can be handled by the Code Enforcement Officer and will not come to the Town

Planning Board while freestanding solar panels will require a Special Use Permit, Site Plan

Review, and be subject to a public hearing. The Town felt it was important to have some

regulation regarding solar panels in their zoning ordinance. Dan Strong inquired if it was the

intention of the Town to utilize this law to regulate large-scale commercial solar farms; Mr.

Myhill responded that two attorneys from the firm gave conflicting answers regarding that

question and so the answers remain unclear.

RECOMMENDATION for 16-20: Andrew Cousins made a motion for APPROVAL, seconded

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

OTHER BUSINESS

Andy Kludt made a motion to CANCEL the August CPB meeting unless significant applications

were received in nature or number, seconded by Terry Brown and carried unanimously. Staff

will consult with Chairman Napoli at the time of the deadline for a final determination.

County Planner Sarah Gatti informed the CPB of a calendar on the Department webpage listing

all CPB meetings/deadlines, land-use trainings, and any other relevant events. Links and details

are provided for every event where applicable and she expressed her hope that CPB members

would find it useful.

ADJOURNMENT

There being no further business, Kirk Myhill made a motion to ADJOURN at 7:59 p.m.,

seconded by Tom Fenton and carried unanimously.


Sarah E. Gatti

Acting Executive Secretary



COUNTY OF ORLEANS

PLANNING BOARD

14016 Route 31 West

Albion, New York 14411-9382

(585) 589-3198


Regular Meeting County Administration Building

August 25, 2016 Conference Room C, 7:00 p.m.

CPB ATTENDING: Brian Napoli, Tibbs Ahlberg, Dan Strong, Terry Brown, Ron Vendetti,

Monica Seeler, Andy Kludt, Marty Busch, Tom Fenton, Gary Watts, Gary

Daum, Ed Urbanik, Paul Hendel, Kevin Johnson

LEGISLATOR: Ken DeRoller

ELECTED

OFFICIALS: Jim Simon, John Riggi

CPB EXCUSED: Christine Buongiorne, Wes Miller, Kirk Myhill

CPB ABSENT: Tom Keeler, Mike Grabowski, Andrew Cousins

GUESTS: James Zelazny, Ed Zelazny, Philip D. Keppler, Daniel R. Seeler, Dan

Wolfe, Dan Fitzgerald, Jim Simon

STAFF: Jim Bensley, Sarah Gatti, Rocky Navarro

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

to order at 7:00 p.m. welcoming all in attendance and noting the presence of Legislator Ken

DeRoller.

Dan Strong made a motion for APPROVAL of the minutes from the July 28, 2016 regular

meeting as submitted, seconded by Marty Busch and carried unanimously (Paul Hendel and

Brian Napoli abstaining due to their absence from said meeting).

NEW BUSINESS

New professional staff member, Rocky Navarro was introduced by Director Jim Bensley;

members of the CPB welcomed Mr. Navarro kindly. Director Bensley noted that the Department

would now be able to undertake an expanded scope of work in light of additional staff support.

Ron Vendetti spoke of an amendment to the New York State Property Maintenance Code,

effective October 3rd

, banning the presence of any unlicensed motor vehicles on property.

According to Mr. Vendetti, agricultural properties are exempted, to some extent, from this

regulation but “casual” auto sales and similar uses will indeed be impacted. The Town of

Murray, in which Mr. Vendetti is a code enforcement officer, has begun the process of informing

residents of this change and is anticipating significant fallout from this ruling. Lastly, Mr.

Vendetti stated his belief that zoning ordinances throughout the County would likely be in need

of revision in light of this State law.

Director Jim Bensley informed CPB members of the upcoming land-use training seminars to

take place in Niagara County as well as Batavia. Staff explained the former would be similar to

the Orleans County training held in June whereas the Batavia training will be an all-day event.

Additional details concerning the latter training are not yet available but will be provided upon

their release.

Zoning Referrals

16-21 SHELBY Request for Site Plan Review and Special Use Permit to Operate

Motor Vehicle Repair Shop in Existing Structure at 11352 Maple

Ridge Rd. in Hamlet (HA) District.

Code enforcement officer, Dan Wolfe, provided background information on the proposal. Mr.

Wolfe explained the site had previously been the Don Evans garage for a period of 60 years.

Although closed for some time, the shop had been registered as a motor vehicle repair shop until

10-31-15 at which point the license had lapsed; this lapse is for a period of less than one year.

Mr. Wolfe continued, saying that Don Evans had maintained the building in good condition

through the years. Gary Daum noted that Maple Ridge Rd. has become a busy thoroughfare over

the years and can become particularly traffic-filled during the school year as the high school lets

out; Mr. Daum agreed with the staff report that traffic patterns should be considered with regard

to this referral. He further noted that the applicant may wish to install caution signs on his

property for the safety of his customers. Tibbs Ahlberg then inquired about the location of the

entrance and exit of the site; Gary Watts stated there are points of ingress/egress both on Maple

Ridge Rd. and West Ave. Extension. The West Ave. driveway, he continued, is the intended

Orleans County Planning Board Minutes 2 8-25-16

location for exiting vehicles. Marty Busch questioned whether any exterior renovations would be

undertaken to which Dan Wolfe responded that he was confident the Town of Shelby Planning

Board would address such issues. Dan Strong addressed the issue of parking in winter and the

impact snow would have on this site, especially given its small size. Mr. Strong sought

confirmation that provisions had been made for this situation. Mr. Wolfe responded by stating

that the applicant will be limited to three or four vehicles (due to lot size) and elaborated further

saying that screening would be required for any outdoor storage on site. Marty Busch noted that

since the intersection is so busy in this area, lighting and sight lines are very important.

RECOMMENDATION for 16-21: Ron Vendetti made a motion for APPROVAL WITH the

following CONDITIONS, seconded by Gary Daum and carried by all voting members (Gary

Watts abstaining):

1. Site plan shall comply with the Town of Shelby Zoning Regulations to the

satisfaction of the Planning Board.

2. Site plan shall identify parking spaces and internal circulation patterns to

comply with minimum parking space and lot requirements in number,

orientation/size, and handicapped accommodations.

3. Site plan does not explicitly provide lighting and signage plans. Plans shall

comply with the Town of Shelby Zoning Regulations to the satisfaction of the

Planning Board.

4. Vehicles exiting the northernmost bay shall not reverse into or out of the bay

from or onto Route 31A.

5. A mobile food service trailer is currently located on the northwest side of the

existing building structure. Trailer shall be removed prior to site operation.

16-22 GAINES Request for Moratorium (180 Days) on Industrial Solar Energy

Generation Facilities Applicable to all Zoning Districts.

Dan Strong said this request stemmed from concern brought about by the large-scale solar

industry’s interest in the County. Mr. Strong explained the Town of Gaines pursued a

moratorium to create a “time-out” period to craft zoning regulations regarding this matter. Paul

Hendel inquired if any model regulations existing regarding commercial solar facilities; County

Planner Sarah Gatti stated she had distributed such a model at the 7-28-16 meeting of the CPB

and offered to digitally send the file to Mr. Hendel.

RECOMMENDATION for 16-22: Andy Kludt made a motion for APPROVAL, seconded by

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


16-23 SHELBY Request for Amendment to Zoning Ordinance (Text and Map):

Addition of Wildlife Refuge Protection Overlay District (WRPOD).

Dan Wolfe provided details about this referral to the best of his ability but noted that the Town

Board had initiated this amendment and submitted the application to the CPB. Mr. Wolfe stated

the distance of the WRPOD as 3,000 feet from the border of the Iroquois National Wildlife

Refuge and directed the CPB to the page of the proposed law containing a list of prohibited uses.

The following two uses drew much attention: agricultural product processing facility and

agricultural distribution center. Planner Gatti interjected relaying her conversation with John

Brennan, of New York State Agriculture & Markets (NYSDA&M), who recommended two of

the prohibited uses regarding agriculture be removed. It was Mr. Brennan’s belief that

NYSDA&M would find these uses unreasonably restrictive on farm operations in an agricultural

district and furthermore that they met the definition of a farm operation. Dan Strong inquired of

the location of the potential stone quarry to be located within the WRPOD; Mr. Wolfe indicated

that site to be located on the eastern extent of the District. Mr. Strong wondered if the adoption

of the WRPOD would then prohibit the proposed quarry from moving forward to which Mr.

Wolfe answered in the affirmative. Paul Hendel concurred with Ms. Gatti, stating that Orleans

County is blessed to have this resource (Iroquois National Wildlife Refuge) and that it must be

preserved. Mr. Hendel continued by stating that Orleans is an agricultural County and the

prohibited agricultural uses should be examined carefully. Ron Vendetti questioned whether

those prohibitions would be enforceable in an agricultural district to which Director Bensley

responded in the negative. Gary Daum asked Mr. Wolfe what uses, if any, would be rendered

non-conforming by the adoption of the WRPOD; Mr. Wolfe stated a runway and kennel would

become non-conforming uses.

RECOMMENDATION for 16-23: Paul Hendel made a motion for APPROVAL WITH the

following CONDITIONS, seconded by Tom Fenton and carried by all voting members (Joe

Sidonio and Gary Watts abstaining):

1. The setback of the WRPOD from the border of the Iroquois National Wildlife Refuge

shall be stated in the text of Local Law 2 of 2016 and similarly shown on the Zoning

Map.

2. The prohibited uses “Agricultural Product Processing Facility” and “Agricultural

Product Distribution Center” (items 9 and 10 in § 598.b) shall be removed pursuant to

guidance of New York State Agriculture and Markets Law 25-AA.

16-24 KENDALL Request for Moratorium (180 Days) on Industrial Solar Energy

Generation Facilities Applicable to all Zoning Districts.

Ms. Gatti stated this referral is similar, if not identical, to referral 16-22 (Gaines). Andy Kludt

noted the Town of Kendall proposes adoption of this moratorium as a way to “get ahead of the

game” with regard to large-scale solar projects.

RECOMMENDATION for 16-24: Ron Vendetti made a motion for APPROVAL, seconded by

Terry Brown and carried by all voting members (Dan Strong and Andy Kludt abstaining).


16-25 YATES Request for Use Variance for Construction of Meteorological

Tower on W. Yates Center Rd (tax parcel # 12.-1-16.21) in

Agricultural/Residential (AR) District.

Dan Wolfe stated the applicant has requested a use variance to construct a Meteorological Tower

(Met Tower). Jim Simon offered further explanation noting the moratorium the Town is under

does in fact include Met Towers. Mr. Simon called the moratorium a time-out in order to get

their regulations in order. Dan Fitzgerald, of Lighthouse Wind, proceeded to speak citing the

purpose of this use variance is to obtain wind data to move forward with the project. Paul Hendel

asked for a detailed summary of the need for a Met Tower; Mr. Fitzgerald explained the Met

Tower would collect wind pattern data and lead to final siting considerations. Mr. Hendel then

asked if any other device existed to gain such data. Mr. Fitzgerald stated that LIDAR and

SODAR can be used for that purpose although the data provided by these technologies is not as

accurate. Furthermore, LIDAR and SODAR do not have the same components as a Met Tower

and are typically used in conjunction with such towers rather than as standalone measurement

devices. Mr. Hendel then inquired if the absence of such data would prevent Lighthouse Wind

from knowing where to site wind turbines; Mr. Fitzgerald responded in the affirmative. Gary

Daum inquired if the proposed Met Tower fell within the study area to which Mr. Fitzgerald

responded that yes, it did. Tibbs Ahlberg wondered how long the Met Tower was to be in use to

which Mr. Fitzgerald explained it would be used for a period of three years. Director Bensley

then asked whether the Article 10 process would be significantly affected by the lack of a Met

Tower and its data; Mr. Fitzgerald responded affirmatively. Ed Urbanik then questioned the

validity of considering wind energy an essential service; Director Bensley responded that to the

extent that wind is considered a public utility, it is an essential service. Paul Hendel inquired if

staff could provide an explanation of the “lightened” use variance tests applicable to this referral.

Ms. Gatti explained that case law (Cellular Telephone Company v. Rosenberg, Consolidated

Edison Company v. Public Service Commission) has supported relaxed standards for use

variances so long as the project is found to provide an “essential service”. The essential service

applicable to this use variance is wind energy which New York Courts have found to be an

essential service. The same courts have also found Met Towers to be part of this essential service

designation as they provide data and are used in the siting and development of wind projects.

Gatti further explained the lightened use variance standards as follows:

1) The relief is required to render safe and adequate service.

2) There are compelling reasons, economic or otherwise, for needing the variance.

The applicant set forth the following proofs regarding these standards1:

1) Facility is Necessary

2) No Existing Viable Alternatives Exist

3) Proposed Site Meets Technological Objectives

4) Relief Necessary and Unavoidable

RECOMMENDATION for 16-25: Ron Vendetti made a motion for APPROVAL, seconded by

Dan Strong and carried by all voting members (Gary Daum and Ed Urbanik abstaining).

1 Full staff report, with comprehensive explanation of these standards, on Referral 16-25 available upon request.


16-26 ALBION (V) Request for Site Plan Review for Freestanding Sign at 439 West

Ave. in General Commercial (GC) District.

Ron Vendetti stated this sign application was only referred because it is an addendum to a site

plan review previously heard by the CPB. At the time of original referral, the applicant had not

intended to erect a sign but in the interim has decided otherwise. Mr. Vendetti stated the sign

meets all setback requirements and that there are no sight line problems associated with its

location. He then noted the sign will be externally illuminated either by upturned or downturned

lights. Dan Strong questioned the height of the sign; Mr. Vendetti responded that it would be six

feet in height.

RECOMMENDATION for 16-26: Gary Daum made a motion for APPROVAL WITH the

following CONDITIONS, seconded by Andy Kludt and carried by all voting members (Ron

Vendetti abstaining):

1. Site Plan shall comply with the Village of Albion Zoning Ordinance to the

satisfaction of the Planning Board.

2. The freestanding sign location shall not be an obstruction to sight lines for vehicles

attempting to exit the property.

3. Lighting, if any, should be constructed as to minimize any ambient light pollution and

shall conform to Village of Albion Zoning Ordinance.

OTHER BUSINESS

Paul Hendel spoke of the recent death of Michael Sawyer, CEO of WNY Energy, and his

contribution to the County. Mr. Hendel wished to dispel any rumor regarding the future of the

company and outlined a conversation he had with the company’s Board of Directors: the Board

is working hard to maintain the vision of Mr. Sawyer and is expecting continued growth.

Legislator DeRoller stated the imperativeness of taking planning and land use seriously in this

County and noted that with additional staff support it would now be possible to expand upon

that. Mr. DeRoller noted the upcoming Western Orleans Comprehensive Plan update, the Local

Waterfront Revitalization Program update as well as the planned upgrade of six Erie Canal

bridges in the County. The latter of which have been funded, in partial or whole, by State money.

Paul Hendel thanked Legislator DeRoller for his support of the Department of Planning and

Development.

Brian Napoli extended his gratitude to Vice-Chairman Tibbs Ahlberg for chairing last month’s

meeting.


ADJOURNMENT

There being no further business, Terry Brown made a motion to ADJOURN at 8:27 p.m.,

seconded by Andy Kludt and carried unanimously.


Sarah E. Gatti

Acting Executive Secretary


brian napoli, chairman tibbs ahlberg, vice …...16-20 shelby request for amendment to zoning...

Documents