MINUTES OF THE REGULAR MEETING OF THE TOWN OF ELLICOTT PLANNING BOARD HELD AT THE ADMINISTRATION BUILDING, 215 SOUTH WORK ST., FALCONER, NY ON JANUARY 11, 2006 AT 7:00 P.M.

PRESENT: Chairman Dan Evans, Ron Calanni, Mike Mogenhan, Dave Carlberg, Phyllis Belin, Paul Shanahan, Attorney William Wright, Code Enforcement Officer Randy Woodbury and Secretary Valerie Pierce

ABSENT: Gary Swanson

Chairman Evans called the meeting to order at 7:00 P.M.

Motion made by Dave Carlberg, seconded Phyllis Belin to approve the minutes of the December 14, 2005 meeting.

Carried. Ayes-6 Noes-0 Absent-1

Attorney Wright said the applicant had submitted a preliminary plot plan that had been accepted by the Board at the last meeting.

Mr. Gene Aversa told the Board members there were no changes to the preliminary plot plan and he submitted a final plot plan that was the same as the preliminary plot plan.

Mr. Evans reviewed the standards for a sub-division with the Board. They noted:

1) they are not utilizing any streets except for the ones they created and the streets are laid out to discourage use by through traffic

2) the street name, Topol Lane, has been filed with the County Clerk and there is a street sign up

3) they are not turning the streets over to the Town but are maintaining the street themselves so they do not have to conform to Town specifications and they have access to a street approved by the Town of Ellicott

4) there are no double frontage lots and the corner lots are larger to provide for proper setbacks

5) the smallest lot is over ½ acre and is sufficient for the County Department of Health for installation of water and septic – there will be no public water or sewer

6) the Town has a complete drainage plan and also a letter from Mr. Jack Thompson, engineer for the project, stating the additional lots do not change the overall topography or the drainage

7) there are no watercourses on the property

8) all the lots that are adjacent to the golf course have trees and are vegetated - the property owner has the right to remove trees with approval – the new lots do not have trees – there will be no requirements for treeing of the lots but appropriate landscaping will be required

9) all the utilities are noted on the plans and in the road rights-of-way

10) there are no plans for street lighting but Mr. Aversa said he would be willing to put them in if the Board requires – he will commit to four self-standing street lights

11) the fire department asked if they would be willing to put in a fire hydrant and Mr. Aversa said they would

12) they have put up a street sign, a stop sign and a development sign – they are wood signs but there might be a requirement for municipal signs – Mr. Aversa will comply with any uniform traffic control requirements for signs

Mr. Aversa located the four streetlights on the plans.

Steve Hoglin, Moon Rd., Jamestown, NY, stated that the closest BPU streetlight is at Johnson Road and is nothing else there. Mr. Aversa said they would put an additional streetlight at the entrance if needed.

Chairman Evans opened the public hearing for the sub-division for Gene Aversa and Todd Patric on West Oak Hill Rd., Jamestown, NY at 7:20 PM.

Steve Hoglin asked if the hydrant would be a dry hydrant and Attorney Wright said that had been discussed and it would be a dry hydrant.

Mr. Evans closed the public hearing at 7:21 PM.

The Board reviewed the short form EAF. Attorney Wright said this action does not exceed any type I threshold in 6 NYCRR, Part 617.4 and would not receive any coordinated review. The Board members continued with Part II C noting:

1) a storm water management plan was provided

2) this property is zoned residential and allows for sub-divisions

3) this project will not have an impact on the environmental characteristics that would cause the establishment of a critical environmental area

4) there is not likely to be controversy related to potential adverse environmental impacts

5) the Board determined this proposed action will not result significant adverse environmental impacts

Motion made by Mike Mogenhan, seconded by Ron Calanni authorizing Chairman Evans to sign the form making the determination this project will not have significant adverse environmental impacts.

Carried. Ayes-6 Noes-0 Absent-1

Attorney Wright review the procedure for a major sub-division, which had been followed, and said the Board, within 45 days of the close of the public hearing, can approve, conditionally approve with modifications or disapprove the final plot plan. There is no minimum time limit so his opinion is that could be done tonight if the Board is ready. If it is approved without modification the Board by resolution shall empower the Chairman to sign the final plot plans.

Mr. Woodbury said Mr. Aversa has to file the approved Mylar copy with the County Clerk’s Office and then return that back to the Town of Ellicott with the Clerk’s certification within 30 days to be the Town’s official copy.

Motion made by Mike Mogenhan, seconded Dave Carlberg to accept the final plot plan for Gene Aversa and Todd Patric for their sub-division on West Oak Hill Rd. and authorizing Chairman Evans to sign the plans.

Carried. Ayes-6 Noes-0 Absent-1

Mr. Paul Potter P.E. said they had presented a site plan for Fluvanna Fire Department at the last meeting but it needed to be referred to County Planning. The Town has received a letter from County Planning on this project.

Mr. Potter said the one thing they needed to add was the lighting for the FAA regulations. He has checked with the FAA and they wanted a dual red light on the highest point of the building. They will apply that to the building the same as is on their siren pole at the existing facility.

Mr. Potter provided plans with site notes to meet the criteria for the airport. The floor plan and building stayed the same and they stayed within the height restriction. The lighting detail was not on the plan so Mr. Potter located the light on the plans. The lighting in the doorway entrances, which is a requirement for public buildings, is shown on the details of the building plans. There will be additional lighting in the parking lot.

The Board went through the site plan review and the only issues were the FAA required lighting and the referral to the County Planning. Randy said any issues from the County were addressed in their letter.

Chairman Evans asked if there were any neighbors that had concerns. No neighbors were present.

Attorney Wright stated this project was in front of the Zoning Board of Appeals on Monday and the ZBA did not do coordinated review due to the time limits. The Planning Board does have to do independent review, however, they can go through the EAF done by the Zoning Board and accept or reject the findings of the ZBA. The Zoning Board determined this project would not exceed any type I threshold in 6 NYCRR, Part 617.4 and would not receive coordinated review. They found no impacts on any of the items addressed in Part II C 1-7 and they made a determination that the project would not cause a significant adverse environmental impact and Chairman Steve Hoglin signed the form making that determination upon motion from the Board.

Motion made by Paul Shanahan, seconded by Dave Carlberg to adopt the findings of the Town of Ellicott Zoning Board of Appeals.

Carrried. Ayes-6 Noes-0 Absent-1

Motion made by Dave Carlberg, seconded by Phyllis Belin to approve the site plans as presented for Fluvanna Fire Department for Fluvanna Fire Station 2 at 3496 Stubb Rd. (Turner Rd), Jamestown, NY.

Carried. Ayes-6 Noes-0 Absent-1

Randy Woodbury told Board members the Carlsons requested a sketch plan conference for a sub-division for land known as the Royal Oaks area. There was a sub-division of that property done back in 1967 and they have determined it was never filed with the County Clerk. The current requirement is when a sub-division plan is approved at a local level they have 62 days to file with the County Clerk so that it can become an official sub-division plan and they can sell lots by referencing that sub-division. The lots in Royal Oaks have been sold by meets and bounds description with no reference to a sub-division maps. Randy has determined that the sub-division map is only an informal record and in terms of Town of Ellicott Planning Board sub-division there is no Royal Oaks sub-division that they could sell lots out of or dedicate roads. There are quite a number of lots and a lot of things to consider for public water and sewer. Randy asked the Carlsons if they agreed with him and would go through the sub-division process or if they wanted to challenge that and say they want to use their 1967 plan. They do have a copy of the 1967 survey done by Frances Jenkins.

Jerome Erickson, P.E., told the Board that the sub-division now, because of the development to the north, would require storm water that was not necessary in the 1967. Attorney Wright and the Board members agreed because it drains into a problem area within the Town of Ellicott.

Mr. Carlson told the Board this property goes all the way from Howard Avenue down through and comes out onto Hunt Road. There are 70 to 80 acres. They would be looking at about 80 building lots.

Randy suggested the Carlsons get an engineer and modernize their survey to the current requirements and make formal application to start the process.

Jerome Erickson, P.E., presented a site plan for Bill Farr, insurance agent for Allstate Insurance, for a professional office on the corner of Hanford and Fairmount Avenues.

Mr. Erickson provided some photos of the house and the lot out back. This is presently a one family house with a two-car attached garage with three blacktopped parking places. Mr. Erickson said that Mr. Farr plans to use the downstairs as an office and the upstairs for storage. The bathroom will be handicapped accessible. The kitchen will be used as a break room. Mr. Farr wants to take down the stairs to the second floor and will put in a handicapped ramp. If more parking spaces were needed he would have to have the utility companies remove a guide wire. He could use the garage for two parking spaces and may not need to add more parking spaces. There are three employees at the present time so they may have to plan for five cars.

Mr. Erickson asked if they have to do a full site plan review. Mr. Farr is not adding to the house and they will be making no changes to the landscaping. He will probably want a sign either in the front yard or on the front of the building. There will be no more lighting on the dwelling than there is now. The hours of operation will be from 8:00 AM or 9:00 AM to 6:00 PM unless by special appointments. It will not be a high traffic business. The biggest share of the business is done over the phone. All the utilities are already there. The professional zone is approximately 122 feet deep.

Attorney Wright said his concern is a zoning concern. He asked Mr. Woodbury if you could take a building that is prior non-conforming as a residence and convert it to a commercial building and not meet the setbacks. Mr. Woodbury thinks it would require area variances. His biggest concern for code enforcement is the conversion inside. Attorney Wright said he had questions on the inside as well because applicants have had to get a waiver from Buffalo on the basis that where you keep records had to be handicapped accessible, otherwise you would be discriminating against potentially handicapped employees who could not go the second floor to access the record room. Mr. Erickson said that the kitchen could be designated as record storage.

Mr. Woodbury said he would make the ruling that they require zoning approval. Mr. Erickson would have to lay out a site plan and Randy would compare the preliminary site plan with the zoning requirements. Then he would determine if anything did not meet the zoning requirements the applicant would have to come in before the Zoning Board. When the site plan comes before the Planning Board Randy would like the Board to look at the inside site plan as well. To convert from residential to professional office involves some big safety issues, zoning issues and planning issues.

Mr. Erickson asked if the parking area that is there is still allowable. Attorney Wright did not think that would be an issue but the issue he sees is this property is only 50 feet wide and has pencil thin setbacks from the side yards. The requirements in a professional office zone are 50 feet off the front line, 20 feet from the side property lines and there is a 20 foot deep buffer requirement between any commercial use and a residential zone.

Mr. Wright suggested the applicant do this in two stages. First they should get a survey noting all the building, as it exists currently. Then he can look at it with Randy, Dan Evans and Steve Hoglin.

The Board did not see any reason to relax any of the criteria of the site plan. They will not have to do water runoff calculations because of the size of the lot. Mr. Erickson said he did not see any criteria that would be a problem. Mr. Farr’s offer is contingent on the approval of the Town.

Steve Hoglin, Chairman of the Zoning Board was introduced and there was a brief discussion on the members visiting other Boards.

Mr. Erickson was told he would have to make application before January 19, 2006 to be on the agenda for the Zoning Board of Appeals.

Motion made by Mike Mogenhan, seconded by Phyllis Belin to adjourn the meeting at 8:27 PM.

Carried. Ayes-6 Noes-0 Absent-1

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Valerie Pierce, Secretary