MINUTES OF THE REGULAR MEETING OF THE TOWN OF ELLICOTT PLANNING BOARD HELD AT THE ADMINISTRATION BUILDING, 215 SOUTH WORK ST., FALCONER, NY ON FEBRUARY 21, 2001 AT 7:00 P.M.
PRESENT: Chairman Dan Evans, Gary Swanson, Ron Calanni, Bob
Pickett, David Carlberg,
Attorney William Wright
and Code Enforcement Officer Randy Woodbury
ABSENT: Becky Goodell
and Patrick McLaughlin
Chairman Evans called
the meeting to order at 7:00 P.M.
Motion made by Bob Pickett, seconded Gary Swanson to approve the minutes of the November 8, 2000 meeting.
Carried. Ayes-5 Noes-0 Absent-2
No one appeared
for the Buffalo Lube Realty site plan. Code Enforcement Officer Woodbury
had tried to contact them but had no response.
No
one appeared for the NYS Police Sub-Station on North Main St. Ext. but
Mr. Woodbury informed the Board that the preliminary paving had been done
contrary to the site plan approval. They need a site plan approval for any
modification or alteration to the original plans.
Janet
Miller presented site plans for modifications and alterations to the existing
building at 3249 N. Main St. Ext., Jamestown, NY for a restaurant. They
plan to serve breakfast, lunch and ice cream from the location. She provided a survey but was missing
several items required for site plan approval.
Discussion
followed between Mrs. Miller and the Board members. The Board suggested she hire an engineer and have the site plans
drawn up. There are several engineers that have appeared before the Board and
have experience in preparing site plans.
Motion made by
Gary Swanson, seconded by Bob Pickett, to consider this a sketch plan
conference and have Mrs. Miller return for site plan review at the March
meeting.
Carried. Ayes-5 Noes-0 Absent-2
Jerry
Erickson, P.E., and Keith Zuck , Son-in-law of Mr. Kenneth Strong presented
site plans for a 36 x 72 pole barn on Wilson Street, Falconer, NY. Mr. Zuck
is the resident of the property at 2005 E. Main St. Ext., which is adjacent to
the property on which the pole barn would be built.
Mr.
Erickson said that he did not feel that this building should be described as a
commercial
FEBRUARY
8, 2001
PAGE
TWO
building. Mr. Zuck said the building would be used to store antique cars and materials from renovated apartment houses that Mr. Strong owned. He explained that it would be used more as an accessory building for the family use.
Mr.
Erickson said this is in a mercantile zone and everything on the plans is
within code.
Code Enforcement
Officer Randy Woodbury provided the Board with a copy of the letter that he
sent Mr. Strong directing him to stop this project. He told the Board that Mr. Strong had come in and applied and
paid for a building permit but had not been issued the permit before he started
construction.
Mr. Woodbury reviewed
Section 146-18 of the Town of Ellicott Planning and Zoning Code that excludes
structures that are designed to be used for industrial use and Section 146-38
that defines a storage warehouse as industrial use.
There was discussion on
the property and whether it was contiguous. Attorney Wright stated that
structure would have to be build on the same parcel to be considered an accessory
building. The Attorney, Code
Enforcement Officer and Board members agreed that Mr. Strong would have to be
granted a use variance before they could review this site plan. The plans were
not complete enough to go over the checklist.
They asked Mr. Erickson to complete the plans and return once the use
variance was approved.
Chairman Evans asked for
comments from the neighbors.
Richard Sweet,
2009 E. Main St. Ext., Falconer, NY stated
he was an adjacent neighbor and had concerns about how much activity this would
generate.
Al Griffith, from
the executive committee of the Ross Grange 305, reviewed the letter sent by the Ross Grange and placed on file. They had several requests regarding this
project:
1) they want a privacy fence or hedge
2) they want the building properly finished
3) they want eaves troughs installed to prevent any
water problems
4)
they do not want trash
placed at the rear of the building
Bernice Jones, 14
Wilson St., Falconer, NY, had concerns
about the activity. She stated that
this neighborhood had always been quite and clean and would like to see it stay
that way.
Motion made by
Ron Calanni, seconded by Bob Pickett, to table this site plan review until
after the applicant has appeared before the Zoning Board of Appeals.
Carried. Ayes-5
Noes-0 Absent-2
PLANNING BOARD
FEBRUARY 21, 2001
PAGE THREE
Troy Little,
representing Ryder Truck Rental, 2137 Allen St., Jamestown, NY 14701 and Roger
Harrower, P.E. presented plans for a 46 x 61 canopy over the fueling area
that is connected to the existing building.
The Board members
reviewed the plans with Mr. Little and Mr. Harrower. The total square footage is approximately 2800 square feet and
the cost of the project is $36,000.
Attorney Wright said
that this project is exempt from SEQR as a type II action because it is under
4000 square feet.
The Planning Board
decided they did not want jurisdiction over this project because this project
will not change any of the paving, slopes, elevations or impervious area. It will not change any of the drainage on
this site. The Board decided to accept this as a sketch plan.
Motion made by
Gary Swanson, seconded by Bob Pickett to waive the full site plan review for
the canopy over the fueling area for Ryder Truck Rental at 2137 Allen Street
and apply the fee toward the building permit cost.
Carried. Ayes-5 Noes-0 Absent-2
Michael Metzer,
Project Civil Engineer, and Richard Lamont, Architect for Greenberg Farrow
Engineering Development presented site plans for the construction of a Home
Depot store at Fairmount Ave., and Green Avenue in West Ellicott.
There had been an
approval of a Chase Pitkin store on the same site at the time Wegmans and
K-Mart had been built. The area is
zoned mercantile and the store will be 116,000 square feet with an 18,000 square foot garden center.
The Town of Ellicott
Zoning Board approved a variance of up to 0 feet for Wegmans and Home Depot at
their February 5, 2001 meeting.
Discussion followed
between Mr. Metzer, Mr. Lamont and the Board members. They discussed:
1)
number and placement
of parking spaces Home Depot wants 527 spaces
2)
utilities they will
utilize the existing utilities
3)
exits on the side of
the building
4)
landscaping and % of
coverage they have more than required according to code
5)
variance that was
granted by ZBA was up to 0 but each Wegmans and Home Depot will have a set back
of 7 feet
6)
retaining wall and
possible fence
7)
exporting of materials
from the site
8)
fire hydrants they
are relocating and adding one
PLANNING BOARD
FEBRUARY 21, 2001
PAGE FOUR
9)
lighting they have
relocated some lighting on the plans
10)
no water drainage off
site it will go into the existing system
11)
water tank the tank
holds 300,000 gallons color should be beige to match building
12)
buffers to wrap along
the water tank
13)
hours of operation
normal hours of operation are 6:00 AM to 10:00 PM home Depot has some 24 hour
stores
14)
signage shown on
plans they will be replacing the Jamestown Savings sign along Fairmount Ave
with a Home Depot sign which will be the same square footage but different
dimensions Mr. Lamont provided a photo of the sign
15)
there will be no
outside dumpsters there might be some recyclables
There was a lengthy discussion
on the truck traffic through the customer parking lot. There were concerns
about the safety with the parking spaces located where they are shown on the
plans. Mr. Lamont stated that he did
not feel that Home Depot would want to decrease the number of spaces. He thought they would be willing to move
some of them because of the safety factors.
The Board and Mr. Metzer and Mr. Lamont discussed several changes and
came to an agreement that seemed best for both the Town and the applicant.
(Revisions listed in the motion of approval).
Mr. Metzer told
the Board members that he had ran calculations on the drainage. He stated that
the oversized pipe in the far reach of the system pre-detains the water and
because of the additional detention the flow from this property will
not be increased over the original 100,000 square footage building.
The retaining wall was
discussed and they came to an agreement that a 4 foot chain link fence would
added the length of the wall and have both top and bottom rails. It was agreed
there would be additional buffers to wrap along the water tank.
Board went over the
check list and noted:
1)
no drainage off site
2)
some parking revisions
were made and the crosswalk was changed
3)
added a chain link
fence along the retaining wall
4)
they will tie into the
existing utilities
5)
one new fire hydrant
and relocation of others
6)
they will replace the
exiting Jamestown Savings sign with Home Depot sign
7)
addition of additional
buffers
8)
applicant needs to
provide copy of the cross drive agreements
The Board members
reviewed the EAF provided. Attorney
Wright said the proposed project did not exceed any Type I threshold in 6NYCRR,
Part 617.4 and will not receive any coordinated review.
Board continued with
Part IIC noting:
PLANNING BOARD
FEBRUARY 21, 2001
PAGE FIVE
1)
the traffic patterns
and drainage were addressed in the site plan
2)
the property is zoned
mercantile and had previously been approved for a Chase Pitkin store
Motion made by
Gary Swanson, seconded by Bob Pickett to declare this proposed project would
not have any adverse environmental impacts and direct Chairman Evans sign the
EAF on behalf of the Planning Board.
Carried. Ayes-5 Noes-0 Absent-2
Motion made by
Bob Pickett, seconded by Ron Calanni to approve the site plan for Home Depot
with the following contingencies:
1)
applicant must
provide Town with a copy of the crosswalk
easement they have with Wegmans
and K-Mart
2)
applicant will
make revisions to eliminate 33 parking spaces along the northeast border of the current lot revisions to increase
parking on what is now the north easterly triangular island revisions to
increase the number of parking spaces along the easterly boundry of the
property to the east of the building to add 5 additional spaces to the
north
3)
applicant will
make revisions to the site plan to add a pedestrian crosswalk in a
north east direction with
the addition of STOP signs in both directions
4)
applicant will
make revisions to the landscaping plan to add Austrian Pines at the south east
corner of the lot and around the water tank to a boundary that would represent
a north south line at the western portion of the tank
5)
applicant will
make revisions to the site plan adding a four foot high chain link fence for
the full length of the retaining wall such fence to have top and bottom rails
The applicant
will provide three sets of revised plans to be approved by the Code Enforcement
Officer.
Carried. Ayes-5 Noes-0
Absent-2
Randy Woodbury
asked the Board members to hear a sketch plan for Mary Ellen Williams for her
business at 878 Fairmount Avenue.
Ms. Williams explained
to the Board that she wanted to relocate an outdoor pavilion on her property.
PLANNING BOARD
FEBRUARY 21, 2001
PAGE SIX
There was a discussion
on another business on the same property.
The Board agreed that Toms BBQ Pit had been misrepresented to the Town.
Mr. Woodbury and Attorney Wright had a brief discussion on non-conforming use
and legal non-conforming use. Attorney
Wright feels that Toms BBQ is illegal and was misrepresented to Town and the
former Code Enforcement Officer.
There have been water
and sewer connections added to the building.
The building was not supposed to be
a permanent building. Mary Ellen
Williams said that she would work with the Town Officials to remedy this since
it was on her property.
Ms. Williams told the
Board members that the relocated pavilion would be used for her use only.
The Planning
Board waived the full site plan review for Mary Ellen Williams for the
relocation of a pavilion on her property at 878 Fairmount Avenue.
Motion made by
Ron Calanni, seconded by Bob Pickett to adjourn the meeting at 9:30 PM.
Carried. Ayes-5
Noes-0 Absent-2
___________________________________________
Valerie Pierce,
Secretary