MINUTES
OF THE REGULAR MEETING OF THE TOWN OF ELLICOTT PLANNING BOARD HELD AT THE
ADMINISTRATION BUILDING, 215 SOUTH WORK STREET, FALCONER, NY 14733 ON MARCH 8,
2006 AT 7:00 P.M.
PRESENT: Chairman Dan Evans, Ron Calanni,
Dave Carlberg, Phyllis Belin, Paul Shanahan,
Attorney William Wright, Code Enforcement Office Randy Woodbury and
Secretary Valerie Pierce.
ABSENT: Gary Swanson and Mike
Mogenhan
Chairman Evans called the meeting to order at 7:00
PM.
Motion made by Dave Carlberg, seconded by Phyllis
Belin to approve the minutes of the February 8, 2006 meeting.
Carried. Ayes –5 Noes-0 Absent- 2
Gary Swanson entered the meeting at 7:02 PM.
No one was present representing the owners for the
continuance of the public hearing for Linda Freedland for the timber harvest
on Southwestern Drive, Jamestown, NY. Attorney Wright had talked to Attorney
Scolton and he thought the Board could proceed.
Chairman Evans noted no neighbors present. Mr. Wright said the timber company stated at
the last meeting they would meet with the neighbors and identify trees they
wanted taken down and then would work on an agreement that would allow the
neighbors to go unto the property and cut down trees using their own people.
Mr. Scolton had sent a license and “hold harmless” agreement, which basically
if put into place would allow the neighbors at their own expense to cut trees that
would be identified and marked by agreement between the parties. Mr. Wright
said the agreement gives the neighbors only 90 days from the identification of
the trees and signing of the agreement to go and cut the trees. He said that
might be a little bit restrictive but the owners have done what the neighbors
asked.
The neighbors also expressed a lot of concerns
regarding water problems and the hours of operation. The Board has been very
successful in having people commit to frozen and dry operation cuttings only. A
sample timber sale agreement was provided. It did state that the purchaser
shall perform during dry and frozen conditions and all work shall be preformed
between the hours of 7:00 AM and 6:00 PM.
It talks about the marking scheme, the location of the property, what
will happen with the tops of trees that are cut, and what would happen with
certain trees that are marked to be removed but have no commercial value. Mr. Wright said it covers all the things the
Board discussed such as bonds, the use of roads where they exist and skid roads
only where necessary. Dan said the
owners do have access onto Hunt Road but had stated they would take the timber
all off Southwestern Drive. Randy
Woodbury said the Board could make that part of the condition for
approval.
The Board members reviewed the short form EAF
provided by the applicant. Attorney
Wright stated this action does not exceed any type I threshold in 6 NYCRR, Part
617.4 and would not receive coordinated review. The Board continued with Part
II C noting:
1)
this
is a water sensitive area and under the conditions they will be required to
restore water
courses
2)
this
project will not have an impact on the environmental characteristics that will
cause the establishment of a critical
environmental area
3)
there
is no controversy related to the potential adverse environmental impacts
Motion made by Ron Calanni, seconded by Dave
Carlberg making the determination that this proposed project will not have a
significant adverse environmental impact and authorizing Chairman Evans to sign
the EAF on behalf of the Planning Board.
Carried. Ayes-6 Noes-0 Absent-1
Motion made by Gary Swanson, seconded by Dave
Carlberg to approve the application of Linda Freedland for selective timber
harvest on Southwestern Drive with the following conditions:
1)
all timber will be removed onto Southwestern Drive with no access unto
Hunt Road
2)
all timbering will be conducted in dry or frozen conditions
3)
all property and water courses will be restored subsequent to the
cutting
4)
all cutting will take place between the hours of 7:00 AM and 6:00 PM
Monday through Saturday
The neighbors seemed to be satisfied so the Board
did not feel they had to impose the condition that the applicant would meet
with neighbors and identify trees and enter into agreements. They agreed the
neighbors would have been at this meeting if there were a problem. Attorney
Wright said the applicant had made the offer on the record so it did not have
to be imposed as a condition.
Craig Hefright presented a sketch plan to the Board
to construct a storage building on Second Ave., Falconer, NY.
Mr. Hefright told the Board the property is between
½ and ¾ acre and he provided a survey map and a rendering of the proposed
building. He explained he wanted to
build a 30’ by 70’ steel storage building for the purpose of self-storage.
There would be gravel added and some topsoil removed. They are planning just one building now but would have a circular
driveway for possible future buildings.
His rendering shows a water collection area for the drainage but he did
talk to Highway Superintendent Shellhouse. He told him it is on the agenda for
the Town to put storm sewers in first thing in the spring. Mr. Shellhouse
indicated he would make plans for Mr. Hefright’s drainage to go into that. This
property is zoned industrial.
The Board discussed:
1)
drainage
– the engineer can design the drainage to go into the Town system or design it
to keep it on site
2)
outside
storage and fencing – the Board could require a fence for the safety of the
neighborhood
3)
paving
of the driveways – the code requires bituminous surfaces but the Board can
allow time for that to be done
Randy Woodbury said that Mr. Shelters has been very
successful with his storage buildings just up the road and wants to construct
another building.
Attorney Wright said the Board does allow a period
of time, usually not more than a year, for the gravel to settle before the
paving has to be done. Randy said his recollection was that Mr. Shelters was
phased in and when they are fully built they would pave. Mr. Hefright said he would not have a
problem with the same type of commitment.
The Board discussed Mr. Shelters project and Gary
Swanson read his notes that said it was contingent on a 4 foot fence being put
around the pond and a 6 foot fence to be put on top of the swale. The Highway Superintendent would approve the
drainage and the driving areas would be paved before expansion beyond the first
two buildings. Randy will check with Mr. Shelters.
Carried.
Ayes-6 Noes-0 Absent-1
________________________________
Valerie Pierce, Secretary