Ogden Planning Board met July 13.

By Lhalie Castillo

Sep 7, 2017

Here is the minutes provided by the Board:

Members Present:

Michael Baird None

Mary Lou Hetzke

Gary Parker

Linda DelRegno

Tony Halaris

Tom Coburn

Jim Marshall

Members Absent:

Others Present:

Patrick Smith, Building Inspector

Keith O’Toole, Planning Board Attorney

Cathy Wilson, Building Clerk

John Freel, Town Engineer

Dave Widger, Highway Superintendent

Bill Parkhurst, Conservation Board

Richard Stowe, Esq.

Pete Dolges, Deleware River Solar

Jared Pantella, LaBella Associates

George Reed, Deleware River Solar

David Matt, Schultz Associates

I. Pledge of Allegiance

II. Old Business:

Appeal of: Abundant Solar Power/Whittier Road PV Array-Application to construct a 2.6 MW (DC) solar array on a 16.4 acre parcel consisting of 9.89 acres of fenced area and 3.73 acres of parcel coverage within the fenced area located between 676 & 692 Whittier Road, Spencerport, NY 14559. The property is currently zoned R-1 Single Family Residential and requires rezoning to Solar Energy System Overlay District. Also complete SEQR classification.

Tax Acct. #115.02-4-4.114

Resolution #1-

SEQR Determination

Introduced by Ms. Hetzke

Seconded by Mr. Coburn

Resolved: The Planning Board acknowledges receipt of the Part I of the Full Environmental Assessment Form and having conducted a coordinated review of this Type 1 project, finds that the project will have no significant impact and makes a negative declaration.

Vote of the Board-

Ayes: DelRegno, Baird, Parker, Hetzke, Coburn, Marshall, Halaris

Nays: None

Absent: None

Resolution #2-

Introduced by Mr. Coburn

Seconded by Ms. DelRegno

Please Take Notice that at the Ogden Planning Board meeting, which was held on July 13, 2017, concept approval was granted:

Vote of the Board-

Ayes: DelRegno, Baird, Parker, Hetzke, Coburn, Marshall, Halaris

Nays: None

Absent: None

Resolution #3-

Introduced by Ms. Hetzke

Seconded by Mr. Marshall

RE: Ellicott Development; Phase 1 Rite Aid Pharmacy at 2841 2839 Nichols Street, Ogden NY Whereas, Ellicott Development is the owner of lands commonly described as 2841 and 2839 Nichols Street in the Town of Ogden located at the intersection of NYS Routes 259 and 31; and

Whereas, Ellicott Development wishes to develop the parcel in phases, and

Whereas, Ellicott Development has present plans to develop Phase 1 of the project which consists of a Rite Aid pharmacy, and

Whereas, the Town of Ogden Planning Board agrees that phased development of the overall 33.137 acre parcel is appropriate, and

Whereas, the Town of Ogden Planning Board issued a Negative Declaration under SEQR on

March 10, 2016 and it granted final site plan approval on August 11, 2016 for Phase I, the Rite

Aid pharmacy, and

Whereas, The Town of Ogden Planning Board agrees that any future development beyond Phase 1 shall not be permitted until any required traffic mitigation is completed satisfactorily as determined by NYSDOT.

Now, therefore be it resolved that:

The Town of Ogden Planning Board is agreeable to the phasing of this project (i.e.: 2841 and 2839 Nichols Street in the Town of Ogden). However, the property owner/developer (Ellicott Development and its assigns) shall submit a revised traffic impact study to NYSDOT prior to progressing to each subsequent phase of the project and shall construct all traffic mitigation required by NYSDOT pursuant to terms and conditions of a highway work permit according to Section 52 of the Highway Law before opening the respective phase of the development. The Town of Ogden further agrees not to issue any Certificates of

Occupancy beyond the pharmacy until any required traffic mitigation is completed satisfactorily as determined by NYSDOT.

Vote of the Board-

Ayes: DelRegno, Baird, Parker, Hetzke, Coburn, Marshall, Halaris

Nays: None

Absent: None

III. Public Hearing:

Appeal of: Canaltown Landing, Resubdivision of Lot 1-Application of Michael LoPresti to subdivide Lot 1 of this 3.86 acre property into 2 lots. This property is located at 2800 Spencerport Road in an (RB) Restricted Business District.

Tax Acct. #087.14-2-2.1

Resolution #4-

SEQR Determination-

Introduced by Ms. Hetzke

Seconded by Mr. Coburn

May It Be Resolved that the Planning Board classifies this action as an Unlisted Action, with a Negative Declaration.

Vote of the Board-

Ayes: Baird, Parker, Hetzke, Marshall, DelRegno, Coburn, Halaris

Nays: None

Absent: None

Resolution #5-

Introduced by Mr. Coburn

Seconded by Ms. Hetzke

Please Take Notice that at the Ogden Planning Board meeting, which was held on July 13, 2017 preliminary and final approval was granted with the following contingencies:

- Satisfy the concerns of the Town Engineer

- Satisfy the concerns of the Highway Superintendent

- Satisfy the concerns of the Planning Board Attorney

Vote of the Board-

Ayes: DelRegno, Baird, Parker, Hetzke, Coburn, Marshall, Halaris

Nays: None

Absent: None

IV. Concept:

Delaware River Solar, LLC Solar Energy Facility-Application to construct four (4) approximately 2 MW (AC) photovoltaic solar generation facilities on sites approximately 10 +/- acres each. The property is located at 760 Washington Street and Colby Street. The property is currently zoned R-1 Single Family Residential and requires rezoning to Solar Energy System Overlay District.

Tax Acct #100.02-2-11, 100.04-2-1.1

101.03-1-1

Resolution #6-

Introduced by Ms. Hetzke

Seconded by Ms. DelRegno

Resolved that the Planning Board:

1. Classifies this matter as a Type I action under SEQR

2. Acknowledges receipt of the Long Form EAF

3. Declares its intention to become lead agency for a coordinated review and

4. Authorizes the Planning Board secretary to circulate notices of the Board's intention to become lead agency.

Vote of the Board-

Ayes: Baird, Parker, Hetzke, Marshall, DelRegno, Coburn, Halaris