VILLAGE BOARD of TRUSTEES
SCOPING MEETING of the BOARD of TRUSTEES
December 4, 2003

The Scoping Meeting of the Board of Trustees was called to Order by Mayor LeSage at 3:02 p.m. with the following present:

Trustee Robert Bausch
Trustee Virginia Adams (entered at 3:53)
Mayor Thomas LeSage

Also present were Village officials Administrator/Clerk-Treasurer Tracy Jong, Village Attorney Richard Curtis, Esq., Planning Board Chairperson Dale Leiter, DPW Supervisor Marty Krause, CEO/ZEO Thomas Williamson and Village Engineer Carl Schoenthal. Also in attendance were representatives of applicant: Franklin Churchill, Robert Fitzgerald, Marcia Havens and Buddy Filowick.

Members of the public present were:
Village Zoning Board Member Tally Almquist
Ralph Garnish
Norm Pawlak
Mr. & Mrs. Art Price
Mr. & Mrs. Smith
Town Supervisor John Specht

Lead Agency Review
Of a Long Form Environmental Assessment Form
Filed by Budvale Construction for the
Development of the Mayne Estates

The Clerk reported as follows: The Village has received a full Environmental Assessment Form dated September 25, 2003 and signed by George Filowik, Jr., Vice President of Budvale Construction Corporation. The environmental review relates to an application to rezone newly annexed land with consideration of a preliminary plat for development of this land for residential use, including a Planned Unit Development. The Village has sent written correspondence to all interested agencies on October 9, 2003, and written correspondence of this scoping meeting on November 24th to all interested persons and agencies. Copies of the preliminary plat and draft scope were sent to all interested agencies and deposited in the Byron Bergen Public Library for public review. Copies also are available at the Office of the Village Clerk. At its meeting on November 12, 2003, The Village Board declared itself Lead Agency in this review process. Preliminary public meetings were held by the Board of Trustees and Planning Board separately and jointly to conduct an initial review of the draft scope. Comments have been received by the Village Engineer, Village Administrator and Planning Board Chairperson, all of which have been presented to the Board of Trustees and applicant. Based upon these comments and its review of the application and draft scope presented by the applicant, the Board made a positive declaration on November 12, 2003. Said Positive Declaration has been sent to all interested agencies, interested parties and published in accordance with SEQRA regulations. The Planning Board made a recommendation to the Board of Trustees at its meeting on November 19, 2003.

At its meeting on November 12, 2003, the Village Board of Trustees found that the action exceeded one or more Type 1 Thresholds in NYCRR, Part 617 or is an Unlisted Action, and

· May have an adverse effect associated with existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems, public health and

· May have an adverse effect associated with aesthetic, cultural, water, land, open space, recreational resources, or other natural or cultural resources or community or neighborhood character, and

· The action would not have any adverse effects associated with air resources and quality (or odor levels), vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species, nor archeological or historic resources, and

· May have an adverse effect associated with the community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources, and

· May have an adverse effect associated with long term, short term, cumulative, or other effects, and

· May have an adverse effect associated with changes in use of either quantity or type of energy, and

· The project would not have an impact on the environmental characteristics that caused the establishment of a CEA, and

· There would likely be controversy related to potential adverse environmental impacts.

A preliminary list of items to be included in the Scope has been developed which contains all of these issues presented during the foregoing meetings and from comments duly received by the Board. This meeting shall give the public an opportunity to present additional items that the Board may wish to include in the Scope.

Village Attorney Richard Curtis and Village Engineer Carl Schoenthal presented some concerns and addressed inquiries of the applicant and public. The following general items were discussed:

NOISE: The Village would like to see a phasing plan that details the length of construction together with more information about OSHA noise level regulations for equipment used in the Village during construction.

STORM WATER/GROUND WATER: The Village would like to see detailed plans for treatment of storm and groundwater issues. This would include discussion of alternative methods for dealing with storm water runoff and a study showing the impact on the Village's current drainage system.

ENERGY: The Village would like to see a study of the impact on electric rates, available power and the cost to extend the service to this vacant land. More information is necessary on the underlying assumptions used by applicant. Based upon comments from RG&E, additional data is required about the extension of natural gas. RG&E reported that gas is only available from Parkview, not from Buffalo Road or Appletree Avenue and the extension of service required greater review.

AESTHETIC: The Village would like to see more photos detailing the views from both an "inside" and "outside" perspective. They would also like to see mitigation plans for the Townhouses to retain the "Village" character with such dense population multiple family dwelling units.

AGRICULTURAL: The Village would like to see a specific reference and review of the project under the Town/Village Comprehensive Plan, the Genesee County Smart Growth Plan and the Genesee County Agricultural Preservation Plan.

TRAFFIC: The Village noted that there are 3-4 intersections that may be affected by this project:
Buffalo Road and Parkview Drive
Buffalo Road and Appletree Avenue
Lake Avenue and Appletree Avenue
Lake Avenue and Parkview Drive

Since Parkview will no longer permit truck traffic and it will be detoured to other street routes, there is also a tangential impact on at least two other intersections:
Lake Avenue and Rochester Street
Buffalo Road and Lake Avenue

The additional traffic presents two traffic flow concerns requiring more information on traffic calming device implementation:
Truck traffic along Lake Avenue presents speed and congestion concerns downtown
Car traffic along Parkview presents pedestrian concerns

The Village would like to additional traffic study data, and reference to the current County plans to install a turn lane on the County Road (Route 262).

GROWTH OF THE COMMUNITY: Based upon comments received from the Town Planning Board Chairperson, the Village would like to see a review of population changes and projections together with a discussion of whether this development adequately meets those community housing needs. It was acknowledged that there is a significant increase in the elderly population and that the town homes may meet those needs. There was also an acknowledgement that the Village did not desire apartment dwellings and asked the applicant not to include such dwelling units in any development plans. There was a discussion as to whether the Village Planning Board may wish to consider imposing a condition that all town homes be owner-occupied and not rental units. The Village attorney noted this was a Planning Board issue and not a subject in the SEQRA review of the zoning application.

The Village Engineer and Village Attorney confirmed that a final scope will be prepared and presented to the applicant, with best efforts being used to have such completed within one week.

The meeting was adjourned at 4:18 p.m.

Respectfully submitted,
Tracy Jong
Administrator