Minutes of the Town Board for March 4, 2003

Transcription

1 Proceedings of a regular meeting of the Pittsford Town Board held on Tuesday, March 4, 2003 at 7:00 P.M. local time in Pittsford Town Hall. PRESENT: Supervisor Carpenter; Councilpersons Sandra F. Zutes, Henry F. Marini, John J. Higgins, Jr., Karen W. Green ABSENT: None ALSO PRESENT: Staff Members: Jared C. Lusk, Esq., Town Attorney; Thomas C. Elliott, Commissioner of Public Works; Gregory J. Duane, Finance Director; Edmund Starowicz Jr., Deputy Commissioner of Public Works; Patricia E. Chuhta, Town Clerk. ATTENDANCE: 10 The meeting was called to order by Supervisor Carpenter at 7:00 P.M. He then invited everyone to stand for the Pledge of Allegiance. PUBLIC HEARING: PITTSFORD SEWER DISTRICT EXTENSION SWBC-35 (LANDS OF 202, 206, 210, 214 & 218 TOBEY ROAD) Upon verification of publication of a legal notice, Supervisor Carpenter opened the public hearing, noting that this is a sewer district extension that would provide sanitary sewer service to the properties at 202, 206, 210, 214 & 218 Tobey Road. He also noted that this would be a bonded extension. He then opened the hearing to public comment. The following person spoke: Jewel Verbridge, 218 Tobey Road, asked for clarification of the costs associated with the proposed extension and had a question relative to the re-advertisement of the legal notice. She said that she was opposed to the extension costs. As there were no other speakers, Supervisor Carpenter adjourned the hearing until the next Town Board meeting on Tuesday, March 18, 2003 at 7:00 P.M. in Pittsford Town Hall. PUBLIC COMMENTS There were no public comments. SUPERVISOR S COMMENTS The 2003 United Way Campaign will begin on March 25 th for town employees. In order to maintain the current level of service, the United Way is requesting everyone be as generous as possible. The Communication Committee expects to make their final report to the Town Board in April. The passing of Bernie Frank, Chairman of the Pittsford Foundation, was sadly noted. Ronnie Walker, Pittsford School District Clerk, will send Town Board members notice of joint meeting dates. Councilman Henry Marini has announced his resignation from the Town Board effective March 31, 2003 in order to dedicate more time to his family and his job with the City School District. After the Supervisor s announcement, Councilman Marini expressed his appreciation to the Town Board and the staff members present for their dedication to the town. MINUTES OF FEBRUARY 18, 2003 APPROVED The following Resolution was offered by Councilwoman Green, seconded by Councilwoman Zutes, RESOLVED, that the minutes of February 18, 2003 are approved as written. ROLL CALL VOTE: Ayes, Zutes, Higgins, Green and Carpenter. Abstain, Marini. Nays, none. Declared carried. RESOLUTIONS OF COMMENDATION: BOY SCOUT TROOP 167 EAGLE SCOUTS The following Resolution was offered by Supervisor Carpenter, seconded by Councilman Marini, RESOLVED, that Town Board of the Town of Pittsford commends Mark James Privitera, Zachary Aaron Withrow, and Matthew Ziegler Dudley from Boy Scout Troop 167 on successfully completing the requirements for the Eagle Scout Award, the most prestigious award that the Boy Scouts can bestow upon a young man. It is FURTHER RESOLVED, that special greetings are extended to these scouts on the occasion of their receipt of the Eagle Scout Award.

2 ROLL CALL: Ayes, Zutes, Marini, Higgins, Green and Carpenter. Nays, none. Declared carried. BID OPENING DATE RESCINDED AND RE-SCHEDULED: CONTRACTED GROUNDS MAINTENANCE The following Resolution was offered by Councilman Marini, seconded by Councilwoman Zutes, RESOLVED, that a bid opening date for the Pittsford Parks Contracted Grounds Maintenance, originally set for Monday, February 24, 2003 is rescinded due to an error in the public hearing notice requirements. It is FURTHER RESOLVED that the bid opening be re-scheduled for Monday, March 24, 2003 at 11:00 A.M. local time in the office of the Commissioner of Public Works. ROLL CALL: Ayes, all. Nays, none. Declared carried. PHASE II OF THE KING S BEND PARK SITE PARK IMPROVEMENTS Supervisor Carpenter deferred this item to later in the meeting. SEQRA PROCEEDINGS: APPROVAL OF THE HIGHLANDS PUD (PLANNED UNIT DEVELOPMENT) The following Resolution was offered by Councilwoman Zutes, seconded by Councilman Higgins, RESOLVED, that the Pittsford Town Board, upon consideration of all written and oral submissions and testimony by the Applicant, the appropriate agencies and public comment, including each of the Short Form Environmental Assessment Forms, and the Town Board having taken a hard look at potential adverse environmental impacts of the proposal, and having given this matter due deliberation and consideration, finds that the proposed modification of the Highlands Planned Unit Development identified above to allow up to thirty-six (36) residential units and a dementia care facility containing up to fifteen (15) units, will have no significant adverse impact on the environment; and be it FURTHER RESOLVED, that the Town Board issues a Negative Declaration for the modification of the resolution controlling the Highlands Planned Unit Development. ROLL CALL VOTE: Ayes, Zutes, Marini, Higgins, Green and Carpenter. Nays, none. Declared carried. AMENDMENTS TO THE HIGLANDS PUD (PLANNED UNIT DEVELOPMENT) APPROVED The following Resolution was offered by Councilwoman Zutes, seconded by Councilman Marini, RESOLVED, that the Town Board approves, with conditions, the application for modification of the resolution controlling the Highlands Planned Unit Development to accommodate the changes as described in the March 4, 2003 resolution of the Town Board as per Attachment A. ROLL CALL VOTE: Ayes, all. Nays, none. Declared carried. PUBLIC HEARING SET: PROPOSED SPRUCE LANE WATER DISTRICT The following Resolution was offered by Supervisor Carpenter, seconded by Councilwoman Green, RESOLVED, that a public hearing is set for Tuesday, March 18, 2003 at 7:00 P.M. local time to consider the approval of the Spruce Lane Water District. (See Attachment B.) ROLL CALL VOTE: Ayes, Zutes, Marini, Higgins, Green and Carpenter. Nays, none. Declared carried. OPEN SPACE GRANT AGREEMENT WITH MONROE COUNTY AUTHORIZED The following Resolution was offered by Councilman Higgins, seconded by Councilwoman Zutes, RESOLVED, that the Town Board of the Town of Pittsford authorizes the Supervisor to sign grant contracts with the County of Monroe to receive grant funding for the John Willard and Snyder/Lehman Farms. ROLL CALL VOTE: Ayes, Zutes, Marini, Higgins, Green and Carpenter. Nays, none. Declared carried. INTERMUNICIPAL AGREEMENT WITH NEW YORK STATE CANAL CORPORATION AUTHORIZED The following Resolution was offered by Councilman Marini, seconded by Councilwoman Green, RESOLVED, that the Town Board of the Town of Pittsford authorizes the Supervisor to sign an Intermunicipal Agreement with the NYS Canal Corporation for the Canal Trail Re-Alignment Project. ROLL CALL VOTE: Ayes, Zutes, Marini, Higgins, Green and Carpenter. Nays, none. Declared carried.

3 ARCHITECTURAL CONSULTING SERVICES CONTRACT AUTHORIZED WITH JOHN MITCHELL, AIA The following Resolution was offered by Councilman Higgins, seconded by Councilwoman Zutes, RESOLVED that the Town Board of the Town of Pittsford authorizes the Supervisor enter into an Architectural Consulting Services Agreement with John Mitchell, AIA, for general architectural consulting services. ROLL CALL: Ayes, Zutes, Marini, Higgins, Green and Carpenter. Nays, none. Declared carried. SEMINAR ATTENDANCE AUTHORIZED The following Resolution was offered by Supervisor Carpenter, seconded by Councilwoman Green, RESOLVED, that the following employees are authorized for seminar attendance: Parks Department employees Doug McVay and Clyde Cutter to the S.V. Moffett Co., Inc. Irrigation Seminar on March 5, 2003 at no cost to the Town of Pittsford. ROLL CALL: Ayes, Zutes, Marini, Higgins, Green and Carpenter. Nays, none. Declared carried. DISCUSSION: PHASE II OF THE KING S BEND PARK SITE PARK IMPROVEMENTS Deputy Commissioner of Public Works Edmund Starowicz made a presentation to the Town Board regarding King s Bend Park. He began his discussion with the status of Phase I of the project, and then discussed the landscaping, cabin construction, installation of park accessories, fencing and entrance signage for Phase II of the project. He answered Town Board members questions on the buildings and materials, fireplaces, rest room facilities, grills, pathways, the number of parking spaces, and a possible opening date. Town Board members thanked Deputy Commissioner Starowicz for his superb presentation. PHASE II OF THE KING S BEND PARK SITE PARK IMPROVEMENTS AUTHORIZED The following Resolution was offered by Councilwoman Zutes, seconded by Councilman Higgins, RESOLVED, that the King s Bend Park Capital Project is increased by the amount of $322,729.00, for a total project cost of $499,070.00, to continue with Phase II of the project. The source of these funds will be an appropriation of $322, from the Pittsford 2000 General Reserve. Be it FURTHER RESOLVED that this resolution is subject to permissive referendum. ROLL CALL: Ayes, Zutes, Marini, Higgins, Green and Carpenter. Nays, none. Declared carried. As there was no further business, the Supervisor adjourned the meeting at 8:04 P.M. Respectfully submitted, Patricia E. Chuhta Town Clerk

4 ATTACHMENT A At a Regular Meeting of the Town Board of the Town of Pittsford, New York, held at the Town Hall, Pittsford, New York, on the 4th day of March, PRESENT: William A. Carpenter, Supervisor Sandra F. Zutes, Councilwoman Henry F. Marini, Councilman John J. Higgins, Councilman Karen W. Green, Councilwoman In the Matter of PROPOSED CHANGES TO THE HIGHLANDS PLANNED UNIT DEVELOPMENT PUD Modification Resolution WHEREAS, on July 7, 1992 the Town Board re-zoned approximately fifty-two (52) acres of property located on the north side of New York State Route 31, east of the Village of Pittsford and west of Marsh Road from SRAA to a Planned Unit Development District to allow construction of the Highlands Senior Living Community; and WHEREAS, as a condition of the 1992 re-zoning, the Town Board identified a fifteen (15) acre parcel of property ( the parcel ) that is situated to the west of Hahnemann Trail and South of the former trolley trail that was to remain undeveloped unless and until any proposed development was approved by the Town Board; and WHEREAS, on November 5, 2002 representatives of the Highlands Community Development Corporation ( the Highlands ) filed an application ( Application ) with the Town of Pittsford ( Town ) seeking a modification of the 1992 re-zoning to allow up to thirty-six (36) residential units and a fifteen (15) unit dementia care facility on the parcel (the Project ); and WHEREAS, the Highlands made a presentation of the Application to the Town Board at a public meeting on December 17, 2002 and following said presentation, the Town Board passed a resolution setting a public hearing on the proposed modification for January 21, 2003; and WHEREAS, on December 18, 2002, the Application was referred to the Town Planning Board, Environmental Board, Department of Public Works, Sewer Department, Architectural Review Board and Historic Preservation Commission for their review and comment to the Town Board and to the Monroe County Planning Department for its review under the General Municipal Law; and WHEREAS, on January 21, 2003, after duly complying with the requisite notice requirements, the Town Board held a public hearing to consider the Application and received further written material and testimony from the Highlands as well as from the public; and WHEREAS, the Town Board held the public hearing open until February 4, 2003 to allow for the submission of comments from the Town Planning Board, Environmental Board, Department of Public Works, Sewer Department, Architectural Review Board and Historic Preservation Commission. WHEREAS, by report issued on February 4, 2003, the Monroe County Planning Department found that the proposed action is a matter for local determination; and WHEREAS, after a careful and independent review of all relevant material the Town Board by resolution, after having determined that the proposed action was an Unlisted Action under SEQRA, issued a negative declaration under SEQRA, which is incorporated by reference herein; and

5 WHEREAS, it is the opinion of this Board that the proposed project is an appropriate use of the Property and will not have an adverse impact on surrounding properties or the Town; and NOW, after due deliberation and on motion duly made and seconded, it is, RESOLVED, that the Town Board of the Town of Pittsford has made the following findings concerning the proposed modification of the PUD: 1. The proposed development will serve a Town public purpose and a regional public purpose, i.e., the provision of housing and assisted living facilities for the aged, as well as those individuals suffering from dementia, which has also been identified as a national priority. 2. The proposed development is consistent with and furthers the goals of the Town 1995 Comprehensive Plan, which suggests a multiple dwellings/special residential use and includes a draft schematic development plan depicting a senior living facility in the location of the Property. 3. The proposed use as senior housing is appropriate for the Property and the increase in density is warranted given the intended use. 4. Overall, the proposed modification meets the intent of the zoning ordinance by permitting additional senior housing over approximately fifteen (15) acres. It further meets the needs of the Town and surrounding area for additional senior housing and services as the population grows older. 5. The proposed use will serve as a transition between the residential neighborhoods existing along the Route 31 corridor and the Village of Pittsford. 6. The 2001 Project will present an economic benefit to the Town, including, but not limited to, increased property tax revenues and employment. The economic benefit to the Town will be especially beneficial considering the relatively low service costs associated with senior residents. RESOLVED, that the Application for modification of the Highlands Planned Unit Development is hereby is approved, subject, however, to the following conditions; 1. The fifteen (15) acre parcel that is situated to the west of Hahnemann Trail and south of the former trolley trail may be developed according to the following land use density: a. Up to thirty-six (36) residential cottage-style units. It is anticipated that a number of the residential cottages will be duplexes and the remainder single family units. The final allowed density shall be determined during the site plan proceedings before the Planning Board. b. One (1) dementia care facility building containing up to fifteen (15) residential units within said building. The final allowed density shall be determined during the site plan proceedings before the Planning Board. 2. The former trolley trail that serves as the northern boundary for the fifteen (15) acres that is the subject of this Application, shall be maintained as required in the July 7, 1992 resolution creating the Highlands Planned Unit Development. 3. The Highlands shall appropriately integrate their proposed development into the existing area by maintaining the interconnecting trails and sidewalk(s) that currently exist throughout the Highlands PUD and constructing such additional trails and sidewalks as determined by the Planning Board during the site plan review process.

6 4. Vegetation buffers and/or berms will be established to screen existing residences located adjacent to the property in the Wood Creek complex. The Planning Board shall determine the appropriate type and location of the buffers and/or berms, given the location of the power lines in the buffer area. In establishing said buffer and/or berms, consideration shall be given to materials which obtain the maximum protection at full growth and in all seasons of the year. Said buffers shall be established as part of first phase development and shall be adequately warranted. 5. The Planning Board shall fully examine the traffic scenarios to determine the appropriate solution for access to the proposed development. Given the high volume and speed of traffic along the NYS Route 31 corridor, coupled with the significant right turn traffic from Mitchell Road on to NYS Route 31, the Planning Board shall explore whether the increased traffic created by the Project can be accommodated utilizing the current entrance (with or without needed improvements) at Hahnemann Trail. The installation of a traffic signal at the intersection of NYS Route 31 and Hahnemann Trail would provide additional gaps in traffic flow to greatly mitigate the danger of residents attempting to exit Hahnemann Trail, the Wood Creek Complex and the Mitchell Estates/Kolaneka neighborhoods. If, after a thorough examination of the needed traffic improvements, the Planning Board determines that a secondary access point is required for the site along NYS Route 31, the Planning Board shall, after consulting with appropriate agencies, determine the appropriate location of the access. This traffic access issue shall be determined prior to the granting of preliminary site plan approval by the Planning Board. 6. The line of trees along the southern boundary of the property adjacent to NYS Route 31 shall be preserved to the extent practicable. Where necessary, additional vegetation shall be added to the line of trees to fill in any gaps, preserve the integrity and to ensure year-round effectiveness of the natural screen. This issue shall be addressed by the Planning Board following a final determination of the traffic access issue described above. 7. The Highlands shall increase the number of available model cottages to increase the diversity of home styles that exist in the community to model the diversity of architecture found in the Village of Pittsford. The Planning and Architectural Review Board shall determine the appropriate number of models for the project. 8. The Highlands shall fully explore the availability of sanitary sewers to serve the Project as well as the residents of the Wood Creek subdivision. To that end, prior to submitting a site plan application to the Planning Board, the Highlands shall submit the capacity calculations for the Mitchell Road Pump Station, as well as the capacity needed to accommodate the flows from the Project. On a roll call vote the following votes were recorded: William A. Carpenter Sandra F. Zutes Henry F. Marini John J. Higgins, Jr. Karen W. Green Yes Yes Yes Yes Yes Dated: March 4, 2003 Patricia E. Chuhta, Clerk of the Town Board of the Town of Pittsford, New York

7 TOWN CLERKS CERTIFICATION I, Patricia E. Chuhta, Clerk of the Town Board of the Town of Pittsford, New York, DO HEREBY CERTIFY that I have compared a copy of the resolution as herein specified with the original in the minutes of the meeting of the Town of Pittsford and that the same is a correct transcript thereof and the whole of the said original. IN WITNESS WHEREOF, I have hereunto set my hand this 4 th day of March, Patricia E. Chuhta, Town Clerk Pittsford, New York 14534

8 ATTACHMENT B TOWN OF PITTSFORD MONROE COUNTY NEW YORK IN THE MATTER OF THE PROPOSED ESTABLISHMENT OF THE SPRUCE LANE WATER DISTRICT ORDER FOR HEARING WHEREAS, a petition dated March 2, 2003, has been duly presented to the Town Board of the Town of Pittsford, New York (the "Town"), according to law, requesting that a water district, as hereinafter described, be established in the Town; and WHEREAS, the boundaries of the proposed water district are as follows: ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Pittsford, County of Monroe and State of New York and as shown on a map entitled Spruce Lane Watermain Extension, Proposed Water District prepared by MRB Group and dated 9/30/02 and more particularly described as follows: Beginning at the intersection of the existing southerly boundary of lands owned now or formerly by the Niagara Mohawk Power Corporation with the existing common division line between lands owned now or formerly by Patricia and Chad Robinson with Lands owned now or formerly by Ellen and Anthony Barraco; thence Southerly, along the last mentioned common division line a distance of 190 ± to a point at its intersection with the existing northerly bounds of Spruce Lane (Private Drive); thence Easterly, along the last mentioned existing northerly bounds of Spruce Lane (Private Drive) a distance of 224 ± to a point at its intersection with the existing westerly highway boundary of New York State Route 253; thence Southerly, along the last mentioned existing westerly highway boundary a distance of 93 ± to a point at its intersection with the existing southerly boundary of lands owned now or formerly by Charles and Kris A. Campbell; thence Westerly, along the last mentioned southerly boundary a distance of 150 ± to a point at its intersection with the existing easterly boundary of lands owned now or formerly by Karen A Lejman; thence Southerly, along the last mentioned easterly boundary a distance of 120 ± to a point at its intersection with the southerly boundary of lands owned now or formerly by Karen A Lejman; thence Westerly, along the last mentioned southerly boundary and also along the existing southerly boundary of lands owned now or formerly by Andrew T. Neary, Douglas K. Potter, and Patricia B. and Paul V. Bacon a distance of 524 ± to a point at its intersection with the existing westerly boundary to lands owned now or formerly by Patricia B. and Paul V. Bacon; thence Northerly, along the last mentioned existing westerly boundary and also along the westerly boundary of Spruce Land and lands owned now or formerly by Wilma L and James H. Hill a distance of 343 ± to

9 a point at its intersection with the first mentioned southerly boundary of lands owned now or formerly by Niagara Mohawk Power Corporation; thence Easterly, along the last mentioned southerly boundary a distance of 480 ± to the point and place of beginning; and WHEREAS, the improvements proposed in said district consist of the construction of a new water main with corresponding distribution pipes and appurtenances in the area described above; and WHEREAS, the proposed method of financing the costs of the proposed improvements consists of the issuance of Serial Bonds of the Town of Pittsford, New York, to mature in annual installments over a period of not to exceed thirty (30) years, payable in the first instance from assessments levied on the benefited real property in the proposed water district; and WHEREAS, the maximum amount proposed to be expended for the improvement as stated in the said petition is fifty four thousand, seven hundred fifty five dollars ($54,755.00); and WHEREAS, the maximum amount to be expended by the proposed water district for the above-described proposed improvement is twenty nine thousand, four hundred and eighty dollars ($29,480). The costs thereof, are to be charged to each property in said proposed water district on a benefit basis. WHEREAS, the remaining costs will be paid as follows: Twenty two thousand four hundred seventy five dollars ($22,475) will be paid by the Monroe County Water Authority and two thousand eight hundred dollars ($2,800) will be paid by the Town of Pittsford for the installation of a fire hydrant for town-wide fire protection. WHEREAS, the cost of the district to a typical property is $3,275.56; and WHEREAS, the map, plan and report, prepared by the Town Engineer describing the proposed district and improvements are on file in the office of the Pittsford Town Clerk for inspection; and NOW, THEREFORE, IT IS HEREBY ORDERED, that the Town Board shall meet at the Town Hall, Pittsford, New York, on the 18th day of March, 2003, at 7:00 o'clock P.M., to consider said petition and hear all persons interested in the subject thereof, and it is further ORDERED, that the Town Clerk is hereby authorized and directed to publish a certified copy of this order in the official Town newspaper, and to post a copy of same on the sign-board of the Town in the time and manner required by law, and it is further ORDERED, that a copy of this Order be certified by the Town Clerk and filed with the Comptroller of the State of New York within ten (10) days of it s passage. Said matter having been put to a vote, the following votes were recorded: William A. Carpenter VOTING Yes Sandra F. Zutes VOTING Yes Henry F. Marini VOTING Yes John J. Higgins VOTING Yes Karen W. Green VOTING Yes

10 The resolution was thereupon declared duly adopted. DATED: March 4, 2003 Patricia E. Chuhta, Clerk of the Town Board of the Town of Pittsford, New York. I, PATRICIA E. CHUHTA, Clerk of the Town Board of the Town of Pittsford, New York, DO HEREBY CERTIFY that I have compared a copy of the resolution as herein specified with the original in the minutes of the meeting of the Town Board of the Town of Pittsford and that the same is a correct transcript thereof and the whole of the said original. IN WITNESS WHEREOF, I have hereunto set my hand this 4 th day of March, Patricia E. Chuhta, Clerk of the Town Board of the Town of Pittsford, New York.