On the agenda: Canandaigua meeting — colocation (Aug 13)

CRC Agenda / Staff Comments on August 2024 CPB Referrals

ONTARIO COUNTY PLANNING BOARD
Referrals for Review at the:
Coordinated Review Committee Meeting –Tuesday August 13th, 2024, at 3:30pm 20 Ontario St., Room
122A, Canandaigua, NY
County Planning Board Meeting – Wednesday August 14th, 2024 at 7:00pm 74 Ontario St., Room 218,
Canandaigua, NY
Telephone: 585-396-4455

Referral
No

Municipality

153-2024 Town of Victor
154-2024 Town of Victor
Town of
Canandaigua
156.0Town of
2024
Manchester
156.1Town of
2024
Manchester
157.0Town of
2024
Manchester
157.1Town of
2024
Manchester
158-2024 Town of Victor
155-2024

Referring Board
Zoning Board of
Appeals
Zoning Board of
Appeals

Applicant
Boester, Michael
Kaier, Robert & Jeri

Application Type - Pg.
Class
#
Area Variance - 1

2

Area Variance Exempt
3
Special Use Permit 1
3

Planning Board

Morgan, Cullen

Zoning Board of
Appeals

Gardner, Steven

Use Variance - 2

Planning Board

Gardner, Steven

Site Plan - 1

Bell Atlantic Mobile
Systems
Bell Atlantic Mobile
Systems
Flower City Dispensary

Special Use Permit 1
7

Planning Board
Planning Board
Planning Board

159-2024 Town of Gorham Planning Board

Horst, Jacob

160-2024 Town of Gorham Planning Board
161-2024 Town of Gorham Planning Board
162.0Town of Gorham Planning Board
2024
162.1Town of Gorham Planning Board
2024
Town of
163-2024
Planning Board
Canandaigua
Town of
164-2024
Planning Board
Canandaigua

Prestgiacomo, Andy
Stern, Allan
LeTourneau Christian
Center Inc.
LeTourneau Christian
Center Inc.

165-2024 Town of Seneca Planning Board

Berliner, Brett
Meagher, Wendy

Site Plan - 1

4
6

8
9

Site Plan - AR 1
Minor Subdivision Exempt
9
Site Plan - Exempt 10
Site Plan - Exempt 10
Site Plan - 1

11

Minor Subdivision 1
13
Special Use Permit 1
14
Minor Subdivision Exempt
14

Seedway Corp., Kessel
Site Plan - 2
Construction

ONTARIO COUNTY PLANNING DEPARTMENT • 20 ONTARIO ST. • CANANDAIGUA, NY 14424 • 585-396-4455 • WWW.CO.ONTARIO.NY.US

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CRC Agenda / Staff Comments on August 2024 CPB Referrals

1532024

Town of Victor

Zoning Board of Appeals

Boester, Michael

Area Variance - 1

Area Variance for a 336 SF accessory structure (shed) to have a rear setback of 7 ft.
6.00-1and a side setback of 9 ft. where a minimum of 30 ft. is required. Project is located at
34.100
7622 County Road 42 in the Town of Victor.
https://ontariocountyny.gov/DocumentCenter/View/44865/153-2024-Aerial-Boester-Shed-Variance
https://ontariocountyny.gov/DocumentCenter/View/44870/153-2024-Test-Questions-Boester-ShedVariance
https://ontariocountyny.gov/DocumentCenter/View/44869/153-2024-Survey-Boester-Shed-Variance

The residential use of the property is considered a pre-existing non-conforming use – parcel
is currently in the Light Industrial (LI) Zoning District. Surrounding land uses are commercial
or industrial. The proposed 14 ft. x 24 ft. storage shed (14 ft. x 30 ft. with the attached porch)
is proposed to be located in the northeast corner of the parcel. Trees along the perimeter of
the property (north – rear of parcel; and east – side yard) lie between the proposed shed.
Disturbance is estimated to be less than 0.2-acres.
In the Area Variance Test Questions, the applicant mentions:
• The granting of this area variance will not produce an undesirable change in the
character of the neighborhood and it will not be a detriment to neighboring
properties. Neighboring properties are industrial uses with dumpsters, construction
equipment, etc.
• The benefit sought cannot be achieved by a method other than an area variance. The
are requesting the area variance to conserve the open space and a garden in the back
yard.
• The applicant and neighbors do not believe this area variance is substantial.
Neighbors do not see the storage shed as large enough to be noticeable / important
in regards to their operations.
• The proposed area variance will not have an adverse effect or impact on the physical
or environmental conditions in the neighborhood / district. The site is currently clear,
flat and well drained. No major excavation is necessary. There will be no disturbance
to trees/shrubs/septic field area.
• The request for the area variance is created through the need for more storage space
(items that could be stored in this proposed shed are currently taking up one bay of
their two-bay garage). Granting the area variance will also maximize open and
garden space in the backyard. The applicant believes these proposed changes are
practical and necessary for the reasonable use of the property.

ONTARIO COUNTY PLANNING DEPARTMENT • 20 ONTARIO ST. • CANANDAIGUA, NY 14424 • 585-396-4455 • WWW.CO.ONTARIO.NY.US

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CRC Agenda / Staff Comments on August 2024 CPB Referrals

1542024

Town of Victor Zoning Board of Appeals Kaier, Robert & Jeri Area Variance - Exempt

Area Variance for a 200 SF accessory structure (shed) to be placed forward of the
40.02-1front line of the principal structure (house). Project is located at 6420 Claremont Ct.,
31.000
just south of CR41 in the Town of Victor.

155-2024 Town of Canandaigua
Planning Board Morgan, Cullen Special Use Permit - 1
Special Use Permit to install both tower- and ground-mounted equipment on an
125.00-1existing 159 ft. co-located monopole tower communications facility. Project is
31.111
located at 4430 Deuel Rd. in the Town of Canandaigua.
https://ontariocountyny.gov/DocumentCenter/View/44877/155-2024-Aerial-T-Mobile-Tower-SUP
https://ontariocountyny.gov/DocumentCenter/View/44881/155-2024-Site-Plan-T-Mobile-Tower-SUP

This project was referred at the August 2023 County Planning Board meeting (as 150-2023
and 162-2023) for area variance (for a tower erected in a drumlin area) and site plan
approval to construct and operate the 155 ft. (+ 4 ft. lightning rod) monopole tower
communications facility (w/ associated improvements). The tower, access drive, and 7 ft.
fence are now constructed. Four (4) separate stormwater management basins (within
stormwater easements) run along the access road. This month, the current referral is for
special use permit approval for the tower’s use for “essential services, public utility or
communications installations” (Town of Canandaigua Town Code Section 220-16E).
The proposed colocation will include both tower-mounted equipment, to be installed at a
centerline-height of 141 ft., and ground-mounted equipment to be installed on a proposed
164.4 SF (10’2’’ x 16’2’’) concrete pad adjacent to the base of the tower within the existing
fenced compound. Tower-mounted equipment to be installed includes nine (9) antennas, six
(6) RRUs, and three (3) hybrid cables. Ground-mounted equipment will include the
installation of the concrete pad, three (3) equipment cabinets, one (1) H-frame, one (1) ice
canopy, one (1) 48 kW diesel emergency backup power generator, and one (1) Generator
ATS. Utilities will be routed via a proposed cable bridge to the tower, from the equipment
area. Total disturbance is to be less than one acre. The tower appears to have ground space
for 2 additional carriers (3 total).
The 34-acre property and most adjacent properties are in OC Agricultural Districts #1. The
assessor has listed the use of the property as field crops and OnCor shows the non-wooded
areas of the site as cultivated in conjunction with fields on adjacent lot under common
ownership. Surrounding parcels are either residential or agricultural uses. The fall zone
extends outside the leased area, but in contained on the property. Also, according to OnCor,
ONTARIO COUNTY PLANNING DEPARTMENT • 20 ONTARIO ST. • CANANDAIGUA, NY 14424 • 585-396-4455 • WWW.CO.ONTARIO.NY.US

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CRC Agenda / Staff Comments on August 2024 CPB Referrals

there are significant areas of 15 to 30 and 31 to 60 percent slope. Based on the town’s 2020
Natural Resource Inventory, the project site is not visible from Canandaigua Lake.
Town Code Section 220-60(1)(a) states, “where co-location antennas exist, the period of
approval for the co-located antenna shall be five years or the authorized franchise period
remaining on the permit from the Federal Communications Commission”.

156.02024

Zoning Board of
Gardner, Steven Use Variance - 2
Appeals
Use Variance and Site Plan for an existing 2,400 SF building to be used as a used
20.00-1automotive (cars, trucks, ATVs) sales shop. Subject parcel is located on the northwest
47.111
corner of the Hackett Rd. and SR21 intersection in the Town of Manchester.
Town of Manchester

https://ontariocountyny.gov/DocumentCenter/View/44883/1560-2024-and-1561-2024-Aerial-GardnerAuto-Shop
https://ontariocountyny.gov/DocumentCenter/View/44884/1560-2024-and-1561-2024-CCE-LetterGardner-Auto-Shop
https://ontariocountyny.gov/DocumentCenter/View/44888/1560-2024-and-1561-2024-Sketch-GardnerAuto-Shop
https://ontariocountyny.gov/DocumentCenter/View/44889/1560-2024-and-1561-2024-ZBA-AppGardner-Auto-Shop

Referral was previously submitted to the County in November 2021 as 224-2024, 224.1-2024,
and 224.2-2024. 224-2024 and 224.1-2024 were for a sign permit and Site Plan for the 2,400
SF building to be used as an automotive shop – both recommended as incomplete by the
County Planning Board. 224.2 was for a use variance for the same project – recommended
for denial. This month, the applicants are currently re-referring for the use variance and site
plan. There is no proposed disturbance on the 22.2-acre parcel.
The parcel is located in the Agricultural (AG) Zoning District. Allowable principle uses in the
AG Zoning District are:
• Agricultural (Agricultural, agri-business, or agri-tourism operation)
• Residential (single / two family /multiple family dwelling, bed-and-breakfast)
• Commercial (Airport/Heliport, campground, day-care facility, golf course, gun range,
kennel / animal hospital)
• Other (Cemetery, essential services, public park / playground, outdoor recreation
facility, religious institution, tier 3 solar energy collection system, telecommunications
facility)
ONTARIO COUNTY PLANNING DEPARTMENT • 20 ONTARIO ST. • CANANDAIGUA, NY 14424 • 585-396-4455 • WWW.CO.ONTARIO.NY.US

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CRC Agenda / Staff Comments on August 2024 CPB Referrals

The subject parcel and surrounding parcels are all within the Ontario County Agricultural
District #1. Subject parcel has a vacant (with improvements) land use, and surrounding land
uses are a mix of agricultural, residential, and commercial. According to OnCor – a National
Wetland lies on the southern portion of the parcel, and on surrounding parcels to the east
and west. The parcel has predominately gentle to no slope (0-9% gradient, downhill from
north to south) and is mostly Palmyra Cobbly Loam (not hydric, high permeability, medium
erodibility, is considered an area of prime farmland, and is in hydrologic soil group B). A
letter from the Sr. Resource Educator for the Ontario County Cornell Cooperative Extension
(Russell Welser) mentions that the parcel is covered primarily with trees, shrubs, and several
areas of Federal/State designated wetlands. There is “essentially no open land suitable for
crop farming”. From some older map references, it was found that mining activity occurred
on part or all of this parcel going back to the early 1900s. Mr. Welser mentions that because
of the past mining activity, Federal/State designated wetlands, the present shrub/tree
establishment - the economics in trying to return this land to traditional agriculture would
not be practical. This parcel would be better used for outdoor recreation, wildlife habitat
and forestry. This parcel “cannot be farmed”.
Applicant mentions that they expect 0-1 customers a week. They are proposing a (4 ft high)
24 SF free-standing commercial speech sign that “meets all code requirements” and 10 or
less parking spaces. Access comes off of existing drive on State Route 21.
If requesting a use variance, that is, permission to establish a use of property not otherwise
permitted in the zoning district, the applicant must prove "unnecessary hardship." To prove
this, State law requires the applicant to show all of the following:
1. that the property is incapable of earning a reasonable return on initial investment if
used for any of the allowed uses in the district (actual "dollars and cents" proof must
be submitted);
2. that the property is being affected by unique, or at least highly uncommon
circumstances;
3. that the variance, if granted, will not alter the essential character of the
neighborhood; and
4. that the hardship is not self-created.
If any one or more of the above factors is not proven, State law requires that the ZBA must
deny the variance.
In the Use Variance test questions, the applicant mentions:
1. Show in “Dollars and Cents” that the land in question, if used for any permitted use,
will not yield a reasonable return.
o Applicant refers to Cornell Cooperative Extension Letter.
2. Show that the hardship is unique and is not shared by all properties in the
neighborhood.
o “AG properties in the neighborhood can be farmed, light industrial zoned
properties are being used for that use”.
ONTARIO COUNTY PLANNING DEPARTMENT • 20 ONTARIO ST. • CANANDAIGUA, NY 14424 • 585-396-4455 • WWW.CO.ONTARIO.NY.US

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CRC Agenda / Staff Comments on August 2024 CPB Referrals

3. The granting of the variance will not alter the essential character of the area as it
“cannot be seen from the road”.
4. Show that the hardship is not self-created.
o “I have not sold off portions of this property”.
Comments
1. Was the property zoned Ag with the current use restriction when purchased? This
information is relevant to whether the hardship was self-created.
2. Does the applicant plan on hiring employees in the future?
3. What are the hours of operation? Will the noise level be appropriate for the area?
4. Where will the vehicles be displayed? On the ground? Will vehicle repair be taking
place? There is potential for environmental contamination if equipment is not
properly stored. Proper containment and disposal of fluids needs to be taken.

156.12024

Town of Manchester

Planning Board

Gardner, Steven

Site Plan - 1

Use Variance and Site Plan for an existing 2,400 SF building to be used as a used
20.00-1automotive (cars, trucks, ATVs) sales shop. Subject parcel is located on the northwest
47.111
corner of the Hackett Rd. and SR21 intersection in the Town of Manchester.
See 156.0-2024

ONTARIO COUNTY PLANNING DEPARTMENT • 20 ONTARIO ST. • CANANDAIGUA, NY 14424 • 585-396-4455 • WWW.CO.ONTARIO.NY.US

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CRC Agenda / Staff Comments on August 2024 CPB Referrals

157.02024

Bell Atlantic Mobile
Special Use Permit Systems
1
Special Use Permit and Site Plan to construct and operate a 195 ft. (+4 ft. lightning
12.00-1rod) monopole tower communications facility and associated improvements at 3139
11.100
Bird Rd. in the Town of Manchester.
Town of Manchester Planning Board

https://ontariocountyny.gov/DocumentCenter/View/44890/1570-2024-and-1571-2024-Aerial-VerizonTower
https://ontariocountyny.gov/DocumentCenter/View/44893/1570-2024-and-1571-2024-ElevationsVerizon-Tower
https://ontariocountyny.gov/DocumentCenter/View/44896/1570-2024-and-1571-2024-Grading-PlanVerizon-Tower
https://ontariocountyny.gov/DocumentCenter/View/44900/1570-2024-and-1571-2024-Site-PlanVerizon-Tower
https://ontariocountyny.gov/DocumentCenter/View/44894/1570-2024-and-1571-2024-FEAF-VerizonTower
https://ontariocountyny.gov/DocumentCenter/View/44980/1570-2024-and-1571-2024-Visual-EAFVerizon-Tower

The proposed tower will include nine (9) attached wireless telecommunications antennas.
The tower appears to have ground space for 2 additional carriers (3 total). Ground
improvements include: equipment cabinets on a 137.5 SF concrete slab (with an ice canopy
above), a cable bridge (connects to underground local utilities via easement), a propane
generator on a 32 SF concrete slab, a 500-gallon propane tank on a 40 SF concrete slab, an Hframe, all enclosed by a 7 ft. tall chain-link fence w/ barbed wire. The tower is setback 290 ft.
or more from property lines. The fall zone lies completely within the leased area.
The parcel is 24.4-acres – total disturbance from the project is to be 0.77-acres. Some
trees/shrubs are to be cleared for the tower site (fenced area). The applicant is leasing 0.23acres of land from the landowners for this tower. There is a proposed 10 ft. wide (roughly
675 ft. long) access road (gravel) with an access gate is to provide access to the tower via an
easement. The road runs along (just outside) the edge of the woods to the west. Access is to
come from Bird Rd. to the north. A proposed 12’’ diameter (20’ long) HDPE pipe with rip-rap
protection is to pass under the road. A check-damn will run along the east-side of the access
road.
Land cover is currently open fields / woods. According to the submitted site plan, a federal
wetland (pond) lies just north of the proposed tower site (on the parcel) – there is no
proposed disturbance in this area. There is also a delineated federal wetland (on the same
parcel) just east of the proposed tower site. Trees (5-8 ft. tall) exist along the road frontage
of the parcel. Forested land lies on the western and southern portion of the parcel.
ONTARIO COUNTY PLANNING DEPARTMENT • 20 ONTARIO ST. • CANANDAIGUA, NY 14424 • 585-396-4455 • WWW.CO.ONTARIO.NY.US

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CRC Agenda / Staff Comments on August 2024 CPB Referrals

Agricultural land lies on the adjacent parcel to the east. A drumlin exists directly west of the
proposed tower location (tower site ground level 70-80 ft. lower in elevation from the top of
the drumlin). Subject parcel land use is listed as rural residential and agricultural (according
to OnCor). Surrounding land uses are either agricultural or residential. In the submitted
visual EAF, it mentions the tower is visible from both County and local roads, at a range of 0.5
to 3 miles. It is estimated that on average, 181 people would view this tower per day.
Subject parcel and surrounding parcels are in Ontario County Agricultural District #1.
Disturbance is in area with gentle to no slope (0-9% gradient). Soil disturbed is Phelps
Gravely Silt Loam (not hydric, high permeability, medium erodibility, is an area of prime
farmland, and is in hydrologic soil group B/D).
The tower removal letter states that “Verizon Wireless agrees to remove its facilities and
improvements if the proposed wireless telecommunications facility becomes obsolete or
ceases to be used for its intended purpose. Removal will occur after ninety (90) days of
cessation of use and will submit a removal bond prior to commencing construction”.
Comment
1. Does the telecommunications pole require lighting? Will it be rotating? What color?

157.12024

Town of Manchester

Planning Board

Bell Atlantic Mobile Systems Site Plan - 1

Special Use Permit and Site Plan to construct and operate a 195 ft. (+4 ft. lightning
12.00-1rod) monopole tower communications facility and associated improvements at 3139
11.100
Bird Rd. in the Town of Manchester.
See 157.0-2024

ONTARIO COUNTY PLANNING DEPARTMENT • 20 ONTARIO ST. • CANANDAIGUA, NY 14424 • 585-396-4455 • WWW.CO.ONTARIO.NY.US

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CRC Agenda / Staff Comments on August 2024 CPB Referrals

1582024

Town of Victor

Planning Board

Flower City Dispensary

Site Plan - AR 1

Site Plan to operate a legal cannabis retail store (within the Cannabis Retail Dispensary
6.00-1Overlay District) in an existing building at 8053 SR96, just south of the Monroe County
7.120
line, in the Town of Victor.
https://ontariocountyny.gov/DocumentCenter/View/44904/158-2024-Aerial-Flower-City-CannabisRetail
https://ontariocountyny.gov/DocumentCenter/View/44907/158-2024-LOI-Flower-City-Cannabis-Retail
https://ontariocountyny.gov/DocumentCenter/View/44905/158-2024-Floor-Layout-Flower-CityCannabis-Retail

Policy AR-4: Use of existing facilities for a permitted use with no expansion of the building
or paved area.
Applications involving only the use of existing facilities for a permitted use with no expansion
of the building or paved area of have been determined by this Board to be a category of
referrals with no potential countywide or inter-municipal impact. Applications for specially
permitted uses or the addition of drive through service are not covered under this policy and
will require full board review.
Final classification shall be Class 1
Findings:
1. Applications addressed by this policy propose no new development.
2. Applications addressed by this policy include only permitted uses.
3. Such applications present little potential for countywide or intermunicipal impact.
Final Recommendation – The CPB will make no formal recommendation on applications
involving only the use of existing facilities for a permitted use with no expansion of the
building or paved area (Class 1).
Comments from individual members and staff shall be so designated and sent to the
referring agency.

159-2024 Town of Gorham Planning Board Horst, Jacob Minor Subdivision - Exempt
Subdivision of a 39.2-acre parcel into two (2) parcels: Lot 1 – 4.2-acres and Lot 2 –
129.00-135-acres. Subject parcel is located along the south side of CR18 in the Town of
37.110
Gorham.
ONTARIO COUNTY PLANNING DEPARTMENT • 20 ONTARIO ST. • CANANDAIGUA, NY 14424 • 585-396-4455 • WWW.CO.ONTARIO.NY.US

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CRC Agenda / Staff Comments on August 2024 CPB Referrals

160-2024 Town of Gorham Planning Board Prestgiacomo, Andy
Site Plan - Exempt
127.11-1- Site Plan to construct a 24.25 ft. x 60 ft. multi-use recreational area on a residential
52.000
vacant parcel on Deep Run Cv. in the Town of Gorham.
https://ontariocountyny.gov/DocumentCenter/View/44913/160-2024-Plans-Recreation-Area

OCSWCD Comments
1. Location of perimeter drain outlet not specified on plans. Outlet protection should be
used when installing.
2. Will perimeter drain have above ground inlet or be buried?
3. Consider green infrastructure practice to manage surface water runoff from site.

161-2024 Town of Gorham
Planning Board
Stern, Allan
Site Plan - Exempt
Site Plan for the demolition of three (3) existing structures on the parcel and to
113.15-1replace them with a single, 3,956 SF two-story residence at 3948 SR364 in the Town
38.000
of Gorham.

ONTARIO COUNTY PLANNING DEPARTMENT • 20 ONTARIO ST. • CANANDAIGUA, NY 14424 • 585-396-4455 • WWW.CO.ONTARIO.NY.US

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CRC Agenda / Staff Comments on August 2024 CPB Referrals

162.0-2024 Town of Gorham Planning Board LeTourneau Christian Center Inc. Site Plan - 1
Site Plan and Subdivision (Lot Combination – combining 4961 CR11 with 4950
141.00-1CR11, creating a 26.5-acre parcel) for the construction of a multi-purpose facility
43.100;
and additional parking to accommodate indoor sports, social events, and
154.00-3communal activities. Project is located at 4950 CR11 (Letourneau Christian Center)
3.100
in the Town of Gorham.
https://ontariocountyny.gov/DocumentCenter/View/44923/1620-2024-and-1621-2024-AerialsCommunity-Center
https://ontariocountyny.gov/DocumentCenter/View/44924/1620-2024-and-1621-2024-Concept-PlanCommunity-Center
https://ontariocountyny.gov/DocumentCenter/View/44925/1620-2024-and-1621-2024-DrivewayProfile-Community-Center
https://ontariocountyny.gov/DocumentCenter/View/44927/1620-2024-and-1621-2024-Grading-PlanCommunity-Center
https://ontariocountyny.gov/DocumentCenter/View/44929/1620-2024-and-1621-2024-Landscape-PlanCommunity-Center
https://ontariocountyny.gov/DocumentCenter/View/44932/1620-2024-and-1621-2024-Site-PlanCommunity-Center
https://ontariocountyny.gov/DocumentCenter/View/44931/1620-2024-and-1621-2024-SEAFCommunity-Center

Subdivision (lot combination) will join the 4961 CR11 (southern parcel) with 4950 CR11
(northern parcel). Overall demolition plans for the site includes: removal of up to twelve (12)
trees, removal of existing pipes and inlets along roadsides, adjustment/removal of culverts as
necessary, adjustments/removal of certain portions of the driveway as necessary, and
removal of one of the three (center) access drives. The proposed building and attached
parking lot will require the removal of light poles, chain link fence, and two (2) existing cabins
along the southern (rear) portion of the combined parcels.
Throughout the 26.5-acre combined parcel, the area of proposed work is predominately in
mowed lawn. Subject parcel land use is recreation/entertainment, and surrounding parcels
are predominately residential. Proposed disturbance occurs in areas ranging from gentle
slope (4-9% gradient) up to areas of steep slope (16-30%) towards the Canandaigua Lake. Soil
disturbed is Cayuga Silt Loam (not hydric, moderately high permeability, very high erodibility,
is farmland of statewide importance, and is in hydrologic soil group C/D).
A new 20’ wide asphalt drive will replace the existing stone drive throughout the parcel.
There are 102 total parking spaces proposed (4 ADA spaces) throughout the parcel, in
addition to 51 land-banked parking spaces. A new concrete walk is proposed to connect the
ONTARIO COUNTY PLANNING DEPARTMENT • 20 ONTARIO ST. • CANANDAIGUA, NY 14424 • 585-396-4455 • WWW.CO.ONTARIO.NY.US

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CRC Agenda / Staff Comments on August 2024 CPB Referrals

north and south internal roadway. Three new trees are proposed to be planted (2 Autumn
Blaze Freeman Maple and 1 Red Oak) surrounding the proposed building. 17 proposed polemounted area/site luminaires are to surround the internal roadway, as well as the new
parking lot. Public water service and sewer services are to connect to the proposed building,
and overhead electric will connect via a new transformer. 2’ x 2’ inlet structures and rip-rap
areas collect stormwater and direct it to one of two proposed bio-retention areas – both lie
on the southern portion of the parcel. Lot coverage is to remain under 30% and greenspace
is to remain over 25% - meeting the Town’s zoning requirements. Of the 26.5-acre
(combined) parcel, the total disturbance is to be approximately 3.6-acres. Limits of
disturbance are to be surrounded by a silt fence.
County Planning Board Bylaws relating to development on lakefront parcels state:
• Increased runoff from lakefront development is more likely to impact water quality.
• Protection of water features is a stated goal of the CPB. The Finger Lakes are an
indispensable part of the quality of life of Ontario County.
• Proper stormwater and erosion control is needed to protect ground and surface
waters.
Comments
1. Will the parking spaces be paved? Is the number of ADA spaces (4) proposed
sufficient?
2. How much additional impervious surface is being created?
3. Project appears to have disturbance in the steep slope area (16-30% gradient). Plans
should indicate how much disturbance is occurring in this area.
4. What will hours of operation be for the event center?
5. Referring Board may want to consider requiring additional tree plantings /
stormwater management to help reduce impacts off runoff / erosion.
OCDPW Comments
1. Sheet C101 shows that the southernmost driveway is being widened over the two
existing catch basin’s that are currently on both sides of the driveway.
a) Are these catch basin’s being brought up to driveway grade? If so, will the current
drainage grates meet live load capacity?
b) If the drainage grates are being raised, what is the plan to capture any water in
the swales on either side of the driveway?
c) How do you plan to catch any water coming down the driveway at a 13% slope?
d) We have record drawings showing a pipe connected below the driveway, running
out to the lake. We will have to do some more investigating to verify the accuracy.
Please reach out to DPW for those record drawings and more information.
2. Where the middle driveway is being removed, what kind of grading work is being
proposed for the ditch/swale that will be made with the removal of the culvert pipe
and driveway?

ONTARIO COUNTY PLANNING DEPARTMENT • 20 ONTARIO ST. • CANANDAIGUA, NY 14424 • 585-396-4455 • WWW.CO.ONTARIO.NY.US

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CRC Agenda / Staff Comments on August 2024 CPB Referrals

3. Provide a driveway profile for both entrances showing a descending tangent from the
pavement edge of County Road 11 back towards the right-of-way line. The grade of
the tangent shall be no flatter than - 1.5% and no steeper than -3%. The tangent shall
connect to the ascending tangent with a sag vertical curve. The low point in the sag
curve should be located to allow drainage from the driveway to runoff into the
roadside ditch and not flow into the traveled way of the County Road. The length of
the sag vertical curve shall be determined by applicable design standards.
4. Applicant is required to obtain a highway work permit for any proposed work within a
County highway right-of-way and shall pay all necessary fees & comply with all permit
conditions and restrictions. Highway Work Permit forms can be found on Ontario
County website at http://www.co.ontario.ny.us/1260/Highway-Work-Permits.
• In addition, Applicant’s contractors will also be required to provide insurance per
attached insurance schedule; proof of Worker’s Comp & Disability insurance must be
on appropriate forms, we cannot accept on ACORD form.
• A copy of the SWPPP will also be required prior to permit approval.
5. DPW will not approve the driveway permit until we receive verbal or written
acceptance from the Town of Gorham stating all site plan documents meet their
access management guidelines.
OCSWCD Comment
1. Current emergency overflow of upper retention area is directed at existing building.
Consider relocating to the southwest of berm towards existing drainage.

Town of
LeTourneau Christian Center
Planning Board
Minor Subdivision - 1
Gorham
Inc.
Site Plan and Subdivision (Lot Combination – combining 4961 CR11 with 4950
141.00-1CR11, creating a 26.5-acre parcel) for the construction of a multi-purpose facility
43.100;
and additional parking to accommodate indoor sports, social events, and
154.00-3communal activities. Project is located at 4950 CR11 (Letourneau Christian Center)
3.100
in the Town of Gorham.
162.1-2024

See 162.0-2024

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CRC Agenda / Staff Comments on August 2024 CPB Referrals

163-2024 Town of Canandaigua
Planning Board Berliner, Brett Special Use Permit - 1
Special Use Permit to operate a short-term rental with a maximum overnight
126.00-1occupancy greater than 12 at 4410 Middle Cheshire Rd., in the Town of
56.110
Canandaigua.
https://ontariocountyny.gov/DocumentCenter/View/44952/161-2024-Layout-and-Elevations-SternHome
https://ontariocountyny.gov/DocumentCenter/View/44933/163-2024-Aerial-Berliner-STR
https://ontariocountyny.gov/DocumentCenter/View/44936/163-2024-Sketch-Berliner-STR
https://ontariocountyny.gov/DocumentCenter/View/44937/163-2024-Survey-Plat-Berliner-STR
https://ontariocountyny.gov/DocumentCenter/View/44935/163-2024-LOI-Berliner-STR

There will be a total of six (6) bedrooms at the short-term rental (STR), able to hold up to 32
people. According to Town Code Section 2017E Maximum Occupancy, “the zoning inspector
shall establish the maximum overnight occupancy in accordance with Uniform Code”. Per
NYS Property Maintenance Code, the Zoning Officer determined that 32 people are allowed.
The Town of Canandaigua Zoning Inspector commented that the applicant is in the process of
having a 500-gallon septic expansion installed just east of the existing home.
According to OnCor, the subject parcel:
• Is within and has neighboring parcels in the Ontario County Agricultural District #1.
• Subject parcel has residential land use. Surrounding land uses are residential or
agricultural.
• Existing home is over 500 ft. from the right-of-way and over 500 ft. from another
residence.
Comments
1. Is parking sufficient to accommodate 32 overnight guests?
2. Town Code Section 201-4B states, “In no event shall a STR permit be issued for a STR
with a maximum occupancy greater than 18 overnight guests”. Would this a
overnight occupancy of 32 people require an area variance?

Minor Subdivision Exempt
Subdivision of a 59.9-acre parent parcel into Lot 1 (52.9-acres) and Lot 2 (7-acres) at
5575 SR5&20 in the Town of Canandaigua.

164-2024 Town of Canandaigua Planning Board Meagher, Wendy
83.00-125.120

ONTARIO COUNTY PLANNING DEPARTMENT • 20 ONTARIO ST. • CANANDAIGUA, NY 14424 • 585-396-4455 • WWW.CO.ONTARIO.NY.US

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CRC Agenda / Staff Comments on August 2024 CPB Referrals

165-2024 Town of Seneca Planning Board Seedway Corp., Kessel Construction Site Plan - 2
Site plan to build a 110,000 SF processing and storage facility on Seedway
159.00-1- agricultural lands on Austin Road in the Town of Seneca. Building for
51.100 relocation/expansion of business including grain bins, mill, warehouse, lab, and
offices.
https://ontariocountyny.gov/DocumentCenter/View/44946/165-2024-Aerial
https://ontariocountyny.gov/DocumentCenter/View/44949/165-2024-Plans
https://ontariocountyny.gov/DocumentCenter/View/44951/165-2024-Summary-Letter
https://ontariocountyny.gov/DocumentCenter/View/44948/165-2024-FEAF
https://ontariocountyny.gov/DocumentCenter/View/44950/165-2024-Renderings

The project parcel is 268 acres and includes lands northwest of Wilson and Austin Roads,
where the building would be built, as well as lands south of Austin Road and lands east of
Wilson Road. The entire parcel and all adjoining properties are zoned Agricultural and in
Ontario County Consolidated Agricultural District #1. The proposed building is a permitted
farm related building used for the storage of products or equipment located on the same
parcel as a principal farm use. Permitted farm buildings may also be used for the incidental
processing of farm products.
Non-agricultural uses near the proposed building include a two-family home at the
northwest corner of Austin and Wilson Roads, a single family home to the south of the
project site across Austin Road, and a single family home at the southwest corner of Austin
and Wilson Roads.
According to Oncor, there are no steep slopes, wetlands or existing or preliminary floodplains
on the parcel or project site. OnCor indicates a 17 acres NYS DEC wetland east of the portion
of the parcel southeast of Wilson Road. The EAF identified NYS DEC regulated wetland ST-39
with 24 acres on or adjacent to the site.
Existing site structures include a number of interconnected barns dating mostly from 1910
used for maintenance of agricultural equipment used in the farming operation and 5 circular
bins used for grain storage. There also appears to be existing parking west of the buildings.
The proposed building has access off Wilson Road and includes 6, 000 SF of office space and
92,750 SF of warehouse space. A mill building of 8,750 SF located by the existing structures
off Austin Road was included in the SWPPP and is not proposed for construction at this time.
The mill and grain silos will remain operating at the Hall property.
The proposed building is 250’ to 825’ from property lines. The proposed project will disturb
39 acres of the 44 acres on the designated project site. The area of impervious surface is 7.2
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CRC Agenda / Staff Comments on August 2024 CPB Referrals

acres up from 1.6 acres impervious area existing. The maximum height of the single-story
building will be 40’, within the 100’ height limit for farm structures.
There are 15 passenger vehicle parking spaces, including 2 ADA accessible spaces, along the
entrance/office portion of the building facing Wilson Road and 30 spaces in front of the
south end of the building. The building elevations show 7 overhead doors on the front
elevation facing Wilson Street, and 1 overhead door on both the north and south elevations.
The concept plan also shows a planted berm along the rear of the adjacent two-family
residential property, lighting along the entry drive, two stormwater management facilities to
serve driveway and building area, a mound system for wastewater treatment, a stone drive
around the entire building, and a 14,000 SF future expansion area at the north end of the
building. The future mill building would be near the 58,000 SF stone area shown to the south
of the building. Since the mill building is not proposed for construction at this time, this area
is shown as the construction staging area for the proposed building.
Comments
1. Are the 39 acres of highly productive soils identified on the EAF retained?
2. A limit of disturbance line should be shown on the site plan.
3. Could any of the 35 acres converted to meadow be used for agricultural production?
Will land cultivation resume on lands surrounding the building northwest of Austin
and Wilson Roads? Construction documents should be clear about limit of
disturbance and placement of any topsoil removed from the building area. Will
converted land be managed as meadow for wildlife habitat? Mowed?
4. The key and the pavement details show 3 pavement types; the concept plan shows an
additional pavement type for the driveway and access to the areas with heavy duty
pavement, likely loading docks.
5. Does the proposed site activity generate changes in site traffic on local roads?
Changes in weight of typical vehicle?
6. What plans does the applicant have to reoccupy office and warehouse areas of
existing buildings on Hall property?
OCSWCD Comments
1. Concrete truck washout must be located a minimum of 100 feet from all drainage
swales, storm drain inlets and surface waters.
2. Will there be direct access from staging area to construction zone or will trucks be
required to enter the road and enter through the stabilized construction entrance?
3. Will stormwater drainage be tied directly into existing underground drainage?
4. Extensive underground field tile will be disturbed during construction and should be
repaired and redirected upon project completion.
5. Proposed mound system is not indicated to be connected to lawn associated with
processing facility. Care should be taken not to drive heavy equipment over this area.
6. SWPPP not provided for additional E&SC details

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