Village of Chittenango, New York
Planning Board Minutes 11 14 16



Planning Board Meeting

November 14, 2016


Present:  Bob Salmon, Andy Jones, Scott Pellman, Joyce Newkirk, Bob Lake, Doug Brown,  Counsel Peter Baum, Mr. & Mrs. Whaley, Ms. Whaley, Mrs. Kendall, Mr. & Mrs. Kopp, Mr. Lynch, Mr. & Mrs. DeMario, Mr. Herba, Mayor Keville, Trustee Bough Martin, Mr. Caputo, Mrs. Doss


Mr.  & Mrs. Whaley – 320 Genesee Street

Mr. & Mrs. Whaley appeared before the Board this evening to discuss the renovations they are planning for the property at 320 Genesee Street.  They are coming before the Board because of the Commercial Design Guidelines.  Mrs. Whaley explained that they recently purchased the property and are intending, over the next year, to renovate the structure which needs a great deal of work. She presented photos of the existing structure and the changes that they plan to make.   The structure was built in 1896.   The changes and upgrades they are planning for the structure are the replacement of all the windows with energy efficient replacement windows; this will include the garage windows as well.  The windows will have white trim and will include a white grid in the windows.  For the most part, the windows will all remain the same size, except a kitchen and bathroom window which will be shorter.  There will be three windows removed and filled in and covered with siding for the improvement of the interior of the home.  The front porch will be repaired and the roof replaced on the porch.  The two chimneys will be removed and the soffits and/or roofing will be repaired.  There is a side door that is currently boarded up with plywood, that plywood will be removed and a door will be placed in that area (there was a door in this location originally).  The front door will be replaced with an energy efficient wood look door.  There will be a new rear entrance door as well.  They will try to use the existing siding and paint it if possible.  If they can’t use the siding, they will use a vinyl siding that would have the same appearance as the original siding.  They are planning on a grey siding with white trim and a dark wood stain on the front door.  They are also replacing the roof on the garage and replacing the overhead doors.  The structure has a stone foundation.  The Board discussed the information presented.  The Board agreed that the renovation plans presented by the Whaley’s this evening appeared to be in line with the Commercial Guidelines.  They did advise the Whaley’s that if they could not use the existing wood siding and did go with the vinyl, to let the Board know that change.


Mr. & Mrs. DeMario – 249 Genesee Street

Mrs. DeMario showed drawings to the Board of her proposed sign for the new eatery that they are planning to open at 249 Genesee Street (the former Redwood Bar & Grill).  The Eatery will feature a full line of sandwiches, soups, chili, mac & cheese and there will also be deli meats available.  The facility will be eat in or take out.  The signage they are proposing will be aluminum with sage and burgundy letters and will be attached to the building above the windows and will not be lit.  The lettering will be vinyl.  They are proposing signage for the windows, but Mrs. DeMario was not certain of the dimensions and the percentage of the window that will be covered.  Only 20% of the window can be covered per the Code.  It appears that more than 20% will be covered.  Mrs. DeMario stated she would contact her sign designer to get clarification on the sign coverage.  No lighting is proposed for the signs.  She asked if she could have a lit “Open” sign.  She said it did have a flashing option.  The Board said the “Open” sign is permissible but it can’t flash, per the Code.  She agreed to that requirement.  She asked about an A-frame sign.  The Board said the portable A-frame sign was permissible, but needed to be taken in after the store was closed and had to be done professionally.  The sign would also need to be placed that didn’t block pedestrians and block the view of drivers.  Mrs. DeMario agreed to provide the revised sign for the windows. (Note: Mrs. DeMario dropped off revised plan for the window signage-she has eliminated the white background for the window signage and the signs will only be letters 16.1” in height in sage green and maroon) The Board had no problem with the signage proposed, but she would only be allowed to cover the window signs at 20%.  She agreed.  She was instructed that she needed to provide the signage information to the Code Officer and do the sign permit process as well before any signage was put in place. 


Bill Lynch – 282 Genesee Street – subdivision

Mr. Lynch appeared before the Board this evening to request the subdivision of a piece of property he owns at 282 Genesee Street.  His request is to subdivide the portion of the lot with house on Genesee Street off of the portion of property that faces Rouse Street with the garage.  There is sufficient property so that the lots will not be non-conforming.  He plans to sell the portion of land with the house and keep the parcel on Rouse Street with the garage and use it for storage.  The parcel is located in General Business zone and the property adjoins land located in Special Residential.  The proposed subdivision would meet the setback requirements set forth in Special Residential (per language in the Code).  The information will need to be referred to the County Planning Board.  The Board discussed the information presented this evening.  A public hearing will be held on December 12 at 7 p.m. 


Chittenango School District –Lake Street School

No one appeared from the School District.   Secretary asked to contact School about their plan to attend a meeting.


Steep Slope Legislation

The Board has received an application for a steep slope work permit relative to the removal of trees from David Miller for property located homes on Lake Street and adjacent to the Chittenango Creek.  The property was formerly owned by the Chittenango School District and has to be accessed through a property on Lake Street (which the properties have given permission for).  The applicant is looking to cut down more than five trees; mainly black walnut trees.  When cutting their intention is to leave a stump so that the roots would still be in place; thus not changing the stability of the bank.  The property in question is 893 feet in length and there are 18 walnut trees that meet the 6” or greater dimension.  They are spread out throughout the 893’ of property.  Mr. Miller showed on the map the approximate location of the trees.  He said they have harvested some trees on the flat area of the property and there are quite a few dead trees.  The Board reviewed the information presented.  Application requirements.

(1)         The Planning Board shall be the approving authority for a steep slope permit.

(2)         An application for a steep slope permit shall be made on forms furnished by the Code Enforcement Office and shall include the following:

(a)             A written narrative explaining the nature of the proposal, including any future development proposals for the property and whether alternative locations exist for the proposed activity.

(b)             A site plan showing the following information:

(i)           The location of proposed structures, septic systems, wells and driveways.

(ii)         The location of the proposed area of disturbance and its relation to neighboring properties, together with structures, roads, and affected wetlands, if any, within 50 feet of the boundaries of the disturbed area.

(iii)        The existing topography in the proposed area of disturbance at a contour interval of not more than 2 feet.  Contours shall be shown for a distance of 50 feet or greater beyond the limits of the proposed area of disturbance.

(iv)        The location and size of areas of extremely steep slope, very steep slope and moderately steep slope under existing and proposed conditions, in the area of proposed disturbance and within a distance of 50 feet thereof.

(v)          The proposed final contours of the disturbed area at a maximum contour interval of 2 feet and proposed surface materials or treatment.

(vi)        The details of any surface or subsurface drainage system proposed to be installed, both during the performance of the work and after its completion.

(c)             A list of all applicable county, state or federal permits that are required for such work or improvement.

(d)             Payment of an application fee as set forth by resolution of the Village Board of Trustees.

The Board requested the Secretary contact the Village Engineer to take a look at the new legislation and to review the site in question.  The Board was interested to have information on erosion questions; risks of possible landslide; cutting of trees and leaving the stumps-will that prevent erosion in the future, the actual type of slope in the request.  The Secretary was also asked to send a letter to the applicant requesting the additional information that is included in the checklist above.  The Board set a public hearing date for December 12 and requested that the information that has been received be forwarded to County Planning for their review.


Todd Caputo – Sun Chevrolet – UCK One, LLC -113 W Genesee Street site plan

Mr. Caputo appeared before the Board this evening with a site plan request for 113 W Genesee Street which includes the planting of trees on the west side border of the property and the rear property line as well.  The plan is to plant 44 Norway and blue spruce trees 7 foot in height 8 feet on center in two rows.  The plan showed the trees being planted in a grass area, but Mr. Caputo commented if the Board wanted it to be mulch, that could be done.  They are also planning to pave and stripe the lot.  The light poles will be LED lights with shielding to prevent light spillage onto adjoining/adjacent lots.  A total of 14 lighting fixtures are planned for.   The lighting on the existing lots will also be replaced with the same lights.  The plan shows an additional 23 spaces will be added for display of new vehicles.  There will be no change in noise level as it is a display lot and there will be a minimum of vehicle traffic in and out of the lot. 

Doug Brown asked about the noise level and the delivery of vehicles.  Todd Caputo asked if Doug Brown will be asked to recuse himself from the discussion as he is a direct neighbor to the project.  Counsel Baum recommended that Doug Brown recuse himself.  He explained that Doug Brown could still ask questions relative to the site plan.  The Board asked about drainage of the lot.  Mr. Caputo stated that the lot basically ends up draining into the creek that is the rear of the property, based on the drainage system that the State put in place during their renovation of Route 5.  Joyce asked about delivery.  Todd explained that the change in the delivery schedule that was mentioned in the Village Board minutes is the delivery of parts from GM, which has been changed from 4:30 a.m. to around 6:00 a.m.  Andy Jones stated he would like to 16 foot light poles.  Joyce Newkirk asked about replacement of trees if they should dies.  Todd Caputo stated he would certainly replace any trees that die; he wants to keep the area looking attractive.  Bob Salmon asked Todd Caputo if he would consider doing some kind of landscaping around the fenced car storage area at the east end of the Village on Route 5.  Todd Caputo stated he would do landscaping of some kind at the corners of the lot, as planting in the front was not really practical because of the close proximity of the road to the fence and the salt used during the winter, plantings wouldn’t hold up.  He did agree that he would plant at the corners, although that might be tough as well with the salt.   The Board explained that this will require a public hearing.  Mr. Caputo asked if it would be possible to schedule earlier than the 12th.  The Board agreed that the 12th would need to be the date as this has to be sent to the County Planning Board and they have 30 days to respond to a referral.  The Board meeting will begin at 6:30 for the public hearings. 



The Board members reviewed the minutes of October 3, 2016.  Upon the motion made by Joyce Newkirk, seconded by Andy Jones, minutes of October 3, 2016 approved as written.  All members present voting in favor.



The Board discussed the Steep Slope legislation and how the procedure will work.  The Board agreed that there will need to be engineering expertise in review of this new permit process, so that the Board understands not only the process but the data that is being presented.  The applicant is required to provide certain documentation, and the Planning Board has to review the information during a public hearing.  The Board asked the Secretary to contact the Village Engineer to get information on this site and to understand what type of slopes are involved, to also ask questions on erosion, dead tree determination etc.  The information needs to be gathered before the hearing, and the applicant will need to provide information as outlined in the newly adopted legislation.  The Secretary was also asked to send a letter to the applicant explaining what will need to be provided for the hearing.  Counsel Baum stated he would call them as well. 


Tattoo Parlor Legislation

The Board agreed to send the draft tattoo legislation to the Village Board as a recommendation for inclusion into the Village Code. 


Public hearings for the three applications will begin at 6:30 p.m. on Monday, December 12. 


With no further business and upon the motion made by Scott Pellman, seconded by Andy Jones, meeting adjourned at 8:25 p.m.  All members present voting in favor.


Respectfully submitted,




Jill A. Doss

Secretary to PB

 ©2011 Village of Chittenango, New York