Preliminary Draft/Unapproved Minutes

 

MINUTES OF THE REGULAR MEETING OF THE TOWN OF ELLICOTT PLANNING BOARD HELD AT THE ADMINISTRATION BUILDING, 215 SOUTH WORK STREET, FALCONER, NY ON MARCH 13 2002 AT 7:00 P.M.

 

Present: Chairman Dan Evans, Gary Swanson, Ron Calanni, Bob Pickett, Mike Mogenhan, Attorney

                William Wright and Code Enforcement Officer Randy Woodbury

 

Absent:  Becky Goodell and David Carlberg

 

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

 

Motion made by Ron Calanni, seconded by Gary Swanson, to approve the minutes of the January 9, 2002 meeting.

 

Carried.            Ayes-5                Noes-0              Absent-2

 

Jerry Erickson, PE, for S. Richard Piazza presented new plans to construct a 12,500 SF building for a Stone Mountain Carpet Store Outlet at 878 Fairmount Ave., W.E., Jamestown, NY.

 

Attorney Wright explained to the Board that Mr. Piazza had been granted a 23 foot side yard variance at the February 23, 2002 Zoning Board meeting that was contingent on the parking area set back 15 feet from the front property line.

 

Mr. Erickson briefed the Board members on the new plans noting:

1)      the parking area would be gravel until future development

2)      drainage

3)      storage             

4)      loading area

5)      future expansion – buildings in the back will be removed before there will be any future expansion          

 

Gary Swanson had questions on the parking and Dan Evans asked about the lighting that will be in the parking area and on the building for security and signs that will be code compliant.

 

In response to being asked by Attorney Wright, Randy Woodbury stated that if the buildings were moved they would have to comply with the code.

 

Mr. Woodbury told the Board that Mr. Al Hendrickson asked that the Board members review 121-14B as it relates to # 7 on the checklist. Mr. Hendrickson feels that the drainage should be underground according to the Town code.

 

Attorney Wright explained that the language that Mr. Hendrickson referred to in the code would make mandatory that the drainage be underground but that Section 121-10 gives the Planning Board the option to allow above ground detention if they deem that underground detention is unnecessary.

 

The Board reviewed the site plan check list noting:

1)      drainage-Mr. Erickson provided a storm water management plan

2)      building elevations

3)      sidewalks  

4)      outdoor storage     

5)      Board would like the applicant to add a fence around the pond in back with a locked gate

 

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MARCH 13, 2002

PAGE TWO

 

6)      drainage system ties into the NYS system

7)      location of signs is will be the same

8)      rip-rap will be packed to hold the bank stable

9)      security lights on the building

10)  restaurant will remain in business for two years

11)  planting schedule

12)  project construction schedule – complete 4 months after approval date

13)  applicant has applies for a modified curb cut

14)  applicant must provide a copy of the easement with DQ

 

 Discussion followed on the review of drainage.  The Planning Board had previously requested a review of the drainage. The Board members were in agreement that the retainer that Rex Tolman wanted from the applicant was costly.  Mr. Erickson agreed that the cost was high for a review.

 

Mr. Woodbury was asked if he had any conversation with Highway Superintendent Shellhouse about the drainage.  He explained that the only conversation they had was about the financial issues and not technical issues. 

 

The Board members were in agreement that if Mr. Erickson or Mr. Piazza could find another licensed engineer willing to do the review it did not have to be Mr. Tolman if Mr. Shellhouse approved.

 

Discussion followed on the paving of the parking lot. The Board could impose a time for the paving to be done.  Mr. Wright explained that when the applicant wants to expand he will have to come for site plan review and the Board could address the paving then.  He just wanted the Board to be aware they were waiving the criteria for the parking lot to be bituminous surface. They also discussed the 5% required green space in the interior of the parking lot.  They agreed that the plantings in the front and on the sides of the building were enough.

 

The Town needs to receive a copy of the legal document with the new owner. The Board suggested that the applicant might want to have a two year non-renewable lease with Mary Ellen Williams. Ms. Williams has stated that she would be running the business for two more years.

 

The Petersons’ no longer have a problem with the buffers since the building will not be coming down for two years.

 

The Board members reviewed the short form EAF provided noting that the plan included a partial plan for future development.

 

Motion made by Gary Swanson, seconded by Bob Pickett to have Chairman Evans sign the EAF on behalf of the Planning Board and check the box in Part III that states the Board determined this proposed action will not result in any significant adverse environmental impacts.

 

Carried.             Ayes-5                     Neos-0                     Absent-2

 

Motion made by Gary Swanson, seconded Bob Pickett to approve the site plan for S. Richard Piazza contingent on:

1)      the drainage must be approved by Highway Superintendent Shellhouse

2)      a 4 foot chain link fence be added around the pond with a locked gate

PLANNING BOARD

MARCH 13, 2002

PAGE THREE

Carried.                 Ayes-5                  Noes-0                    Absent-2

 

Mr. Eugene Desposito, Bradford Forest, Inc., presented site plan for timber harvesting on the west side of Idlewood Drive on property owned by Fay, Diane, Brady and Danielle Schoonover. 

 

Mr. Deposito briefed the Board on what he was doing on the property.  He said Bradford Forest in harvesting the trees off 17 acres. They had started the project not knowing they needed to do a site plan. He had spoken to Highway Superintendent Shellhouse before he started.  The work had been suspended by Code Enforcement Officer Randy Woodbury. They are doing selective cutting and removing most of the commercial trees.

 

Bob Thomas, 409 Hunt Rd., W.E., Jamestown, NY, had concerns about the tree  tops that have been left on his property and the dam that has diverted the water unto the neighbors property.  

 

Mr. Desposito said they had built a sediment pond. He told Mr. Thomas he would come and look at the tree tops and see what could be done.

 

Attorney Wright explained to the Board members that this is not a permitted use in a residential area and would be a zoning issue.  The issue for the Planning Board is a commercial operation in a residential area.  The Board needs to address water sedimentation, noise, and hours of operation. 

 

The applicant stated that the sediment pond will be restored to the pre-harvesting condition.

 

The neighbors reviewed the plans with the Board members and applicant.

 

Vincent Gerace, 381 Hunt Rd., W.E., Jamestown, NY, stated the County or Town have not solved the water problems in the area. He has no problem with the logging if it does not make the water problem worst.

 

Attorney Wright asked Mr. Woodbury if this could be considered agricultural or horticultural use.  Mr. Woodbury stated that this is not an accessory use and he feels it is an improvement change of residential property. It could be a preparatory use.  Mr. Desposito said that he is only logging and this is not preparatory as far as he is concerned.

 

Mr. Woodbury stated that since this is a change in residential use of over 2 acres it requires site plan review. 

 

Attorney Wright agreed with Mr. Woodbury that this is a change in residential use and subject to site plan review.  He did tell the Board members that they could waive all or any of the criteria for site plan.

 

Gary Swanson stated he does not feel that the criteria pertain to this activity.   The other Board members were in agreement.  Dan Evans said he sees the changing of the water courses as the only problem. 

 

Mr. Desposito stated that all water courses will be kept in their original channels. 

 

Attorney Wright said that the Board can treat this as a sketch plan conference and can waive all or any of the criteria.

 

Motion made by Gary Swanson, seconded by Ron Calanni to adopt the plan for Bradford Forest, Inc. and waive site plan criteria as long as they resolve the problems with Bob Thomas or any other neighbor.

 

Carried.                 Ayes-5                       Noes-0                   Absent-2

 

PLANNING BOARD

MARCH 13, 2002

PAGE FOUR

 

Gene Aversa appeared before the Board concerning the sub-division on West Oak Hill Road. 

 

Randy Woodbury told the Board that Mr. Aversa was before the Board because he had not received any approval from the Town for a sub-division.  Mr. Aversa has a letter from the Health Department that he can have 6 lots with individual septic and wells.  20,000 SF is required for individual wells and septic. 

 

Discussion followed between the Board members and Mr. Aversa. 

 

Chairman Evans asked what would stop any future sub-dividing.  Mr. Woodbury stated that under State law they must wait three years to sub-divide again. 

 

Mr. Aversa said that the County had required public water and sewer for the first plan they had proposed and the Town would not bond it for the developer.

 

Attorney Wright explained to Mr. Aversa that he must get a copy of the sub-division code and determine if he wants a major or minor sub-division and follow the code to apply for the sub-division.  A minor sub-division is less than five lots.  If Mr. Aversa wants 6 lots he must apply for a major sub-division.

 

Motion made by Ron Calanni, seconded by Gary Swanson to adjourn the meeting at 9:12 P.M.

 

Carried.                 Ayes-5                  Noes-0                 Absent-2

 

__________________________________________________

Valerie Pierce, Secretary