Approved - Village of Churchville
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January 13, 2021
Approved
VILLAGE OF CHURCHVILLE
PLANNING BOARD
Minutes
January 13, 2021
At the regularly scheduled meeting of the Village of Churchville Planning Board held at
7:00 p.m. on the above date via ZOOM videoconferencing the following were:
Present: Sue Davis, Chairperson
George Beldue, Board Member
Michael Graham, Board Member
Mike Bohan, Board Member
Chuck Hathaway, Board Member
Joshua Clark, Board Member (Alternate)
Christopher Ross, Board Member (Alternate)
Eric Stowe, Attorney
Kathy Thompson, Secretary
Others Present:
Stacy Stanton, Village Clerk/Treasurer
Tim McElligott, BIZEO
Julie Michalko Liaison
J.P. Schepp. MRB Engineering
Mike Morris, 435 Sanford Road South
Rob Fitzgerald, Fitzgerald Engineering, PLLC
John Hartman, Village Mayor
Matthew & Paula Penna, 9 Spotts Circle
Sue DeFrancesco, 8 Spotts Circle
John Bank/Karen Rosekrans, 11 Spotts Circle
Pat Leiston, 5 Spotts Circle
Beth Hopkins, 48 Spotts Circle
Janice Beutner/Bill Shirtz, 4 Spotts Circle
Mike Brown, Village Board of Trustees
Celie Smith/Joyce Pospula, 58 Spotts Circle
Ginger Parker, 6480 Buffalo Road
Tammy Mogavero, 27 Spotts Circle
Mary Lou Bowers, 29 Spotts Circle
Peg Alexander, 20 Spotts Circle
Charles Mallow, 75 Spotts Circle
Stephen Bonacci, 34 Spotts Circle
Karin Carnevale, 54 Spotts Circle
Paul Robinson, Village Superintendent (joined at 8:03 p.m.)
Sue DeFrancesco, 8 Spotts Circle (joined at 8:10 p.m.)
1January 13, 2021
At 7:01 p.m., Chairperson Sue Davis welcomed everyone that is attending the ZOOM
videoconference. She explained how the Public Hearing was going to be run. The
meeting will be called to order and Village Clerk Stacy Stanton will be the host and
explain the guidelines on when the public can ask a question/concern. Planning Board
members and alternates, Village Attorney, Village BIZEO and Village Engineer were
introduced by Secretary Kathy Thompson. She also introduced the applicant and his
Engineer. The Planning Board will first hear from the applicant and his Engineer. Sue
will then open the meeting to the public for comment.
Chairperson Sue Davis moved forward to approve the minutes.
Approval of Minutes
Mike Bohan made a motion, seconded by George Beldue to approve the December 9,
2020 meeting minutes with corrections
Voting: Sue Davis AYE
Mike Bohan AYE
George Beldue AYE
Michael Graham AYE
Chuck Hathaway AYE
Motion passed
Morris-Washington Street, 15 Washington Street
Sue Davis asked Mike Morris to give an overview of his project.
Mike Morris shared some of his professional background. He stated this development is
his retirement project to keep his mind busy. His goal is to bring professional business
back to Churchville. He feels the need to have these resources available in the
community. He asked Rob Fitzgerald to be his Engineer as he has worked on other
projects with him in the past. Mr. Fitzgerald also did the original design concept work
for Jerry Spotts building next door at Eastpoint Business Park.
Rob Fitzgerald went over some of the Engineering items:
• They will be using the existing curb-cut for access and this was actual required by
the NYSDOT.
• Utilities: there is a Storm Water Retention Facility already in place that will be
utilized.
• All other Engineering items are located right at the street so it will be short tie-
ins.
• Working on getting enough parking space circulation for both vehicles and
2January 13, 2021
pedestrians.
Secretary Kathy Thompson read the Public Hearing notice:
VILLAGE OF CHURCHVILLE
LEGAL NOTICE
OF PUBLIC HEARING
PLEASE TAKE NOTICE, that the Planning Board of the Village of Churchville, New York, will
hold a public hearing on Wednesday, January 13, 2021, at 7:00 p.m. via virtual ZOOM
videoconferencing to consider the following application:
Application of Michael Morris for proposed Site Plan approval with regard to property known as
15 Washington Street (Tax Acct No. 143.11-1-1), Churchville, New York.
All interested parties are invited to attend. The application and any maps, documents or
materials filed therewith may be examined in the Office of the Village Clerk, 23 East Buffalo Street,
Churchville, New York, during regular business hours.
For agenda and information on how to join the meeting please visit our website at
www.churchville.net.
Dated: December 28, 2020
Sue Davis, Chairperson
Planning Board
Public Hearing opened at 7:11 p.m.
Sue Davis wanted to start the Public Hearing by addressing the comments that were
submitted in writing.
• Stakes be placed at the northeast & northwest corner of property line and stake
out the building on the north corners of the property lines so there is a visual idea
of where everything will sit.
• Village Engineer JP Schepp requesting renderings of the buildings to understand
visual impact of proposed project. Address comments regarding front façade
• Traffic patterns - part of the NYSDOT review?
• Lighting issues – Superintendent Paul Robinson will review the placement of the
lighting. It can be properly shielded with directional lighting
• Types of businesses allowed. Ex.: Restaurants? Applicant would like to attract
professional businesses. As long as the business is permitted in the zoning code
it will be allowed. Existing detention pond adequate for this development.
• Are builds too close to property line? It will be built according to code
• Runoff & drainage? After checking with Village Superintendent and Engineer,
drainage is adequate
3January 13, 2021
• Water issues in basements per Spotts Circle residents – Pre-existing and perhaps
address with contractor of The Villas.
• Tree buffer? Recommendations can be made by a landscaper as we get further
into the project.
• Down spouts on buildings? No plans on buildings yet so when submitted it will
be addressed at that time.
• Questions on landscaping & screening – the number of parking spaces, size and
types of trees also that the façade should face the primary street. Planning Board
needs more detail.
Matt Penna at 9 Spotts Circle asked: In the event that the project begins and the first
building remains unoccupied, then what happens? What will you do with it? They
are still concerned with the water problem as there was a lot of dirt fill on the land
previously, which has been spread out and has raised the elevation of the property.
That being the case he feels there will be a lighting problem again as well as a water
problem once excavation starts.
Rob Fitzgerald stated that this site and the site closer to the intersection were
designed to have all the run-off go to the pond constructed at the back of the parcel.
All roof laterals and parking will be directed via closed drainage system into that
pond and monitored out at a slower rate than what it goes into. Mr. Fitzgerald said
there is no off-site discharge from this what-so-ever.
Mike Morris added that the water situation is straight forward. The preparation that
was done for the construction at the Villas was approved and adequate. They do not
see standing water. The new part of the project is, in his opinion, adequate and
correct. Mr. Morris then responded to the concern regarding a standing building
that may sit empty. He said his intent is not to build until tenants secured. There
may not be any construction take place for 1-1/2 years.
Sue Davis pointed out that she remembers it was almost 5 years before Jerry Spotts
got his build completely done. Sue then asked Attorney Stowe how long does Mr.
Morris have to start construction. Attorney Stowe stated under Code 250-169 it
reads that the applicant needs to obtain necessary building permit or Certificate of
Occupancy within one year of approval date or if there is no substantial physical
evidence of initiated construction within one year or no written request for
extension. If they fail to complete construction within 2 years from issuance of
approval and they can request 2 periods of 6 month extensions. Total of 3 years.
Mike Morris asked if they are allowed to have a Building Permit of site development
for Phase 1. Tim McElligott, BIZEO stated he would first need to see approved plans
of the building.
Sue Davis wanted to know since there are two Phases will there be two site plans or
one? Mike Morris said one existing site plan, which shows future for Phase 2.
Chuck Hathaway questioned whether it would be optional to “flip” the phases so the
4January 13, 2021
existing residential structure could come down just in case you never get to second
phase as there would be a residential unit sitting between two commercial buildings.
Mr. Morris’ intention is not to build phase 2 until he has occupancy and demolition
of residential house at the end of Phase 1.
Attorney Stowe said a condition of any preliminary/final would be an additional
conditional that prior to issuance of any Certificate of Occupancy and the residential
structure on the premises is to be demolished in accordance with demolition permit.
Pat Leiston, 5 Spotts Circle: it was stated several of the issues were going to be
addressed as the project progresses so does that mean there will be more Public
Hearings and will she be notified. Sue Davis stated that all meetings are open to the
public, but this meeting is a Public Hearing so that comments heard. There will be
changes made in the future. All Planning Board meetings fall on the second
Wednesday of the month at the same time. Ms. Leiston asked for clarification on site
development.
JP Schepp, Village Engineer explained that there is grading improvements, site
drainage improvements, extension of water supply and extension of sewer laterals.
He did state that nothing can take place until there is a Building Permit issued. Site
Plan approval must be completed and architectural plans submitted to BIZEO. Only
then can site development start.
John Banks, 11 Spotts Circle: Asked if Mr. Morris has any potential tenants lined
up? Mr. Morris said no. Mr. Banks then asked if restaurants or bars have approval
to open business there. Attorney Stowe stated a tavern or bar NOT permitted in a
Neighborhood Business District but a restaurant requires a special use permit. The
question of parking came up and Attorney Stowe said it would have to comply with
parking requirements.
Mike Morris stated he understand that it is a neighborhood/commercial- property
and he respects the neighbors and will be realistic with business hours. More
conversation took place.
Josh Clark wanted to ask Attorney Stowe for more clarification on zoning for the
opening of a bar/tavern vs. restaurant. Does this include bar/grill or family
restaurant that has a liquor license that they could not open or is this considered a
restaurant? Attorney Stowe said under Code 250-20 for business permitted uses
(Neighborhood - Business zone) it lists permitted and not permitted uses.
Ginger Parker, who resides near the corner of Washington Street and E. Buffalo
Street questions traffic flow and has concerns about heavy traffic in that area and
how this development will impact traffic.
Sue Davis said the NYSDOT look at ingress and egress.
5January 13, 2021
JP Schepp pointed out that these are both State roads so they are both under the
jurisdiction of the NYSDOT but could request the applicant to complete a traffic
analysis but both roads are high- capacity State roads and the State will ultimately
make the decision on whether any traffic improvements needed. (Ex: street lights,
cross walks). More discussion took place.
John Banks asked if the building will be one story. Mike Morris said his preference
is a Business Park and there needs to be consistency in the buildings that are
constructed on that site. Mr. Morris presented a picture of the office area next door
and it gives you an idea of appearance of the building he plans to construct. Attorney
Stowe added that there is a restriction height code of 35 feet in this district as well.
Chris Ross made comments about this plot. He stated he knows there are old growth
trees on the property and according to Code 250-99 © it states existing vegetation
and trees shall be maintained. Are there plans to do this? Also, roof styles and
treatment. Flat or pitched style? Per Code 250 – 112 (a – e) talks about having
conformed roof styles to adjacent buildings. Chris assumes when a rendering of the
building provided it will show a pitched roof?
Mike Morris stated a pitched roof is his intent and that is why he has the picture to
support that. Trees will be maintained.
Attorney Stowe stated it would be his suggestions that if requesting any
modifications or additions to the plan that now would be the time if additional
information the Planning Board required.
Sue Davis listed the items she has:
• No Certificate of Occupancy issued for development until the existing
dwelling on the parcel has been demolished pursuant to issued demolish
permit.
• Traffic analysis
• Setbacks should be looked at again
Attorney Stowe added that the Village maximum lot coverage is 45% in district. Is it
46% or 48% on plans? Rob F. said that it is actually 42%. Set back is unique.
Maximum setback is 35 ft. and it is right at 35 ft. Attorney Stowe said everything is
compliant.
George Beldue: Was the question answered about the traffic on Washington Street?
Impact on traffic pattern?
Rob F. stated NYSDOT will review.
Ginger Parker asked about hours of operation: Mike Morris said the nature of the
business makes hours reasonable.
6January 13, 2021
Attorney Stowe stated there was the question of the front façade, which is required to
face the street so Planning Board will need to know how they are going to comply
with that. He feels a rendering would go a long way with respect to showing all that.
Matt Penna: With the current pandemic and businesses closing how does it affect
this plan? Sue Daivs stated this is not something that the Planning Board addresses.
Everyone has the right to develop their property as long as it meets Code.
Motion made by George Beldue, seconded by Chuck Hathaway to close Public
Hearing.
VOTE: Sue Davis AYE
George Beldue AYE
Michael Graham AYE
Mike Bohan Abstain
Chuck Hathaway AYE
Public Hearing closed at 8:16 p.m.
Motion passed
We will get applicant a list of requested changes to be made.
Mr. Morris and Mr. Fitzgerald gave their consent to table the application until
February 10, 2021 meeting for the purpose of revising the Site Plan in response to
the Public Hearing comments.
New Business
None
Adjourn
Mike Bohan made a motion, seconded by George Beldue to adjourn the meeting at
8:25 p.m.; motion passed unanimously.
The next meeting is scheduled for Wednesday, February 10, 2021.
Respectfully submitted,
Kathy Thompson, Secretary
Planning Board, Village of Churchville
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