Village of Chittenango, New York

Planning Board Meeting

December 12, 2016


Present:  Bob Salmon, Andy Jones, Joyce Newkirk, Scott Pellman, Bob Lake, Doug Brown, Counsel Baum,  Mr. Malley, Mayor Keville, Mrs. Kendall, Mrs. Brown, Mr. & Mrs. Goggi, Mr. Herba, Mr. McDermott, Mr. Clark, Mr. & Mrs. Becker, Mr. Anderson, Mr. & Mrs. VanValkenburg, Mr. Trasher, Mr. Caputo, Mr. & Mrs. Griffith, Mr. Gloska, Trustee Bough Martin, Trustee Baldwin,  Mrs. Doss


Chairman Salmon called the public hearings to order at 6:35 p.m.


Bill’s Custom Designs, LLC –subdivision public hearing

Chairman Salmon called the public hearing to order at 6:35 p.m.  Mr. Lynch was not at the hearing.  Chairman Salmon explained that the applicant is looking to subdivide property he owns at 282 Genesee Street.  The portion of the property with the house from the portion of the property that has the garage.  By subdividing the property, it will not create a non-conforming situation.  Rouse Street divides the property in question.  The mapping shows Lot 1 as the house and property and Lot 2 is the garage and property.  The information was sent to Madison County Planning and they have left it to Local Determination.  Chairman Salmon asked if anyone wished to speak for or against the proposed subdivision.  No one spoke.  The public hearing was closed.


David Miller –Steep Slope Tree Permit – public hearing

Chairman Salmon called the public hearing to order for the request of David Miller who owns land identified as 200 Lake Street, to cut and remove trees from steep slopes and lands adjacent to Chittenango Creek that are part of this parcel.  Mr. Miller did not appear at the hearing this evening.  Mark Malley from C & S Engineering, the Village Engineer appeared at the meeting to review the report he had been asked to compile by the Village in regard to this request for tree removal from Steep Slopes.  He commented a lot of trees are down and there are currently nine trees that are marked with different color markings on the property.  He does not know what the different color marks mean.  There are quite a few trees currently stacked on the flat portion of the property and there have been trees cut from the steep slope, but there is little to no disturbance of the hillside with some evidence of where the trees were dragged.  He said there is some damage, but minimal.  He would recommend to the Board, if the permit request is approved, that one of the conditions of the permit should be the re-seeding and vegetating of the disturbed area.  He also noted that there are a lot of trees that have fallen down.  There are a lot of Ash trees on the site, which he would recommend that they be taken down because of the ash borer issue.  There are no environmental or archeological issues with this property either.  Counsel Baum asked about the “haul road” referred to in the C& S report.  Mr. Malley responded that this is the specific area that was used to drag the trees to Genesee Street.  Mr. Malley also commented that the area be inspected at the conclusion of the tree removal process, if approved.  Counsel Baum stated that the Board has 60 days to give a response; either disapprove, approve, or approve with conditions.  The Secretary commented that in the GML response received from Madison County Planning Board, they suggested that the Board contact Madison County Soil & Water Conservation.  The Secretary advised that she had forwarded all the information to Madison County Soil & Water Conservation via email today, as the response from the County was received today.  The Board discussed having the Code Officer issue a Stop Work Order for this proposed request for permit until the requested information from the applicant is received and the applicant comes before the Board.  Chairman Salmon asked if anyone had comments on the requested permit for Mr. Miller.  Mr. Clark stated he owns property on Genesee Street and he has given Mr. Miller permission to drag the trees out through an easement on his property.  He would like to see this process wrapped up by giving Mr. Miller permission to take the trees he wants, so that Mr. Clark’s easement can be restored.  Mr. Clark has no problem with the requested permit.  Mrs. Goggi asked if she could see the engineering report prepared by C & S Engineering.  Mr. Malley gave her a copy of the report.  Mr. Goggi stated he was concerned about the trout stream and the fact that this tree removal is done correctly.  Mr. Clark encouraged the Board to give permission to take the trees and get this done as long as the rules are satisfied. Mr. Clark advised that the easement is one from the School and is really for walking and not dragging things across, but it does give access to the parcel.  The Board talked about holding some type of retainage to insure that the property is restored and restored correctly.  A resident from 140 Lake Street asked about some trees that have been damaged when other cut trees fall on them (mainly damaging the tree tops).  What about those trees that are now damaged?  He expressed his concern about erosion.  Mr. Malley stated that during his site visit he noted that there was no excess turbidity in the stream and the water quality was good and there was a minimal amount of erosion on the hillside.  Mr. & Mrs. VanValkenburg expressed concern of the damage caused by falling trees and erosion.  With no further information available this evening the public hearing was adjourned.  The Secretary was instructed to send a letter to the applicant advising him this public hearing will be continued on January 9, 2017 at 7 p.m. and that his presence along with the required data on the requested permit  must be provided at that time as well. The Board reiterated that the Codes Office issue a stop work order to Mr. Miller for any further work on the slopes, but he will be allowed to remove the cut trees from the flat area of the property.  The Board also noted that if the permit is approved that the applicant will be required to provide a certification stating that all the work done meets the requirements of the permit (this is part of the language of the Code). 


Sun Chevrolet/Todd Caputo/UCK One, LLC- site plan public hearing

Chairman Salmon called the hearing to order for site plan review public hearing for 113 W Genesee Street for Sun Chevrolet.  James Trasher from CHA Design Associates presented the proposed plan for the project.  He explained the plan of landscaping the western and southern border of 113 W Genesee with a combination of Norway Spruce and Colorado Blue Spruce (planting height 6-7’), the installation of new site lighting on 16 ft. poles (the Boards’ request) which includes the one foot base and dark sky compliant fixtures that are down lit, shielded and installed at 90° to ground for no light spillage off site.  They will use the existing curb cut on W. Genesee Street.  He pointed out that there will be grass planted areas around the perimeter of the combined site.  Chairman Salmon asked if anyone had questions/comments in regard to the site development plan being presented this evening.  Karl Herba asked if the lighting was dark sky compliant.  Mr. Trasher stated the lighting was dark sky compliant, that the lights were shielded on the back to prevent any light spillage onto the adjacent highways.  Debra Griffith asked about the lighting, because she stated lighting is light and she has more than enough light coming into her house.  Mr. Trasher reassured her that the fixtures are designed at a 90° angle to ground with no spillage of light off site.  She asked about what plans are being made to prevent more heat coming off of the site.  With the added pavement, she is concerned about the additional heat that will come off the property in the summer and impact her home.  Linda Brown is concerned about the noise and light levels that will increase.  She is in favor of the trees that are being proposed for the site.  She would like to see the addition of a solid wood fence around a portion of 113 W Genesee as additional sound barrier.  There was a fence around the property originally and when the fence was removed, there was a noticeable increase in the noise level.  She asked that the Board review this request in line with the Comprehensive Plan, consider the aesthetics for the neighborhood and the area, and consider the safety of the neighbors as well.  Please be consistent and be accountable to the Village.  Gary McDermott 125 W Genesee said he agreed with Mrs. Brown.  He said with the change of landscape and the inclusion of good wood fencing on both sides in addition to the proposed trees will be helpful.  Zachary Becker of 115 W Genesee Street stated he didn’t want a fence by his property.  He was fine with the trees that are proposed as they are comforting.  Mr. Trasher stated that the trees at time of planting will be between 6-7ft in height and would grow to about 20 feet wide.  The trees are being proposed for the western and southern border of 113 W Genesee Street.  Mrs. Brown stated that the fence in addition to the trees would provide a better/more effective sound barrier.  Mr. Caputo stated that he is not opposed to putting up a 6 ft. solid wooden fence.  He doesn’t want to place fencing along Route 173, he would be agreeable to put the fence in front of the trees on the south border and a portion of the western border (not to block the Becker residence).  A letter was submitted from the Knowlton’s 117 W Genesee Street which was read into the minutes “To whom it may concern: Due to work and family schedules, we are unable to attend tonight’s meeting.  However, we would like our remarks to be included in the record.  Our friend and neighbor, Gary McDermott, was kind enough to offer to bring our remarks with him tonight.  In regards to the vacant Sun Chevy property on W Genesee St: we would like to see that something is done to ensure privacy and safety.  A fence like the one recently installed across the street, a row of cedars in conjunction with the fence to shield the Beckers and the Browns, low-level lighting so as not to intrude into homes, a paved lot instead of a dirt lot, perhaps even a landcaped green area in between the paved lot and our neighbors. These are just some examples of what could be done to make the property more visually appealing, and to put a barrier between the residences and Sun Chevy.  Thank you.  Fred and Christy Knowlton 117 West Genesee Street.”  The Secretary advised that the information for site plan review had been submitted to Madison County Planning Agency for their review.  The County has left this to local Board determination.  With no further information being presented, the public hearing was closed.


Mr. Lynch came to the meeting during the Miller public hearing.


Chairman Salmon called the regular Board meeting to order at 7:25 p.m.


Bill’s Custom Design, LLC – 282 Genesee Street subdivision

The Board members discussed the information presented this evening for the subdivision request for 282 Genesee Street.  Upon the motion made by Joyce Newkirk, seconded by Scott Pellman, the Board approves the subdivision of property owned by Bill’s Custom Design, LLC for 282 Genesee Street, as presented this evening.  All members present voting in favor.


David Miller – Steep Slopes Tree Permit public hearing

The Board discussed the information presented this evening.  The Secretary was instructed to send a letter to David Miller advising him to be in attendance at the January Board meeting and to bring information that was requested with the letter sent to him in November from the Board.  Also, the Code Enforcement Officer was instructed to issue a stop work order on the slope portion of the property.  The Board talked about perhaps setting a bond for restoration and re-seeding the property.  Counsel Baum will check with Counsel Bell on the bonding question.


Sun Chevrolet/Caputo – Site Plan – 113 W Genesee Street

The Board discussed the information presented this evening for the site plan request of Sun Chevrolet/Todd Caputo.  Todd Caputo was asked the question about tree replacement should any of the trees being planted die. He stated that if any of these trees die, he will replace and replant.    Upon the motion made by Andy Jones, seconded by Joyce Newkirk, the Board approves the site development plan for 113 W Genesee Street, which includes planting of Norway spruce trees on the west and south perimeter of the property that at time of planting will be 6-7 ft. in height,  if any of the new trees die, Mr. Caputo agrees to replace and replant them, the installation of new lighting fixtures for the entire site that are a total of 16 ft. in height and will be dark sky compliant, a six foot solid wood stockade fence to be installed in front of the trees on the south(only in front of the trees) and western boundary of the property, the fence to only extend to the rear of the Becker house on the adjoining lot at 115 W Genesee Street. Mr. Trasher will bring in a revised plan showing the modifications that were approved.  Joyce Newkirk, Scott Pellman, Andy Jones, Bob Lake and Bob Salmon voting in favor.  Doug Brown abstaining.   Motion carried. 


Skeele – 40’ flag pole

Mr. Skeele was scheduled to appear before the Board this evening.  The Board requested that he attend the January meeting to review his request for a 40’ flag pole at his business on Genesee Street.




Lake Street School

The Secretary asked the Board about setting a meeting with Scott Mahardy of the School District to discuss the Lake Street school property.  The Board suggested either Jan 3 or 4 at 7 p.m.  Secretary to contact Mr. Mahardy to see if either date will work for him.



Upon the motion made by Scott Pellman, seconded by Bob Lake, minutes of November 14, 2016 approved as written.  All members present voting in favor.


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


Respectfully submitted,




Jill A. Doss

Secretary to PB


 ©2011 Village of Chittenango, New York