MINUTES OF THE REGULAR MEETING OF THE TOWN OF ELLICOTT PLANNING BOARD HELD AT THE ADMINISTRATION BUILDING, 215 SOUTH WORK ST., FALCONER, NY ON APRIL 11, 2001 AT 7:00 P.M.

 

PRESENT:   Acting Chairman Gary Swanson, Ron Calanni, Becky Goodell, Bob Pickett, Pat

                       McLaughlin, Attorney William Wright and Code Enforcement Officer Randy

                       Woodbury

 

ABSENT:      Dan Evans and David Carlberg

 

Acting Chairman Gary Swanson opened the meeting at 7:00 P.M.

 

Motion made by Pat McLaughlin, seconded by Bob Pickett to approve the minutes of the March 21, 2001 meeting.

 

CARRIED.               Ayes-5            Noes-0             Absent-2

 

Code Enforcement Officer Randy Woodbury briefed the Board members on the status of the NYS Police sub-station.  He explained that he would like to request new plans and application and the applicant would pay a new fee.  They will appear at the May meeting. The Board members were in agreement.

 

Janet and Timothy Miller along with Robert Nordine from Habiterra Associates presented plans for the restaurant project on North Main Street Extension, Jamestown, NY.  The plans were not stamped and were missing some items from the site plan checklist.

 

The Millers, Mr. Nordine and the Board members reviewed the plans. Janet Miller asked if the Board would be able to approve the plans with contingencies since the season for ice cream was almost here and they would like to open as soon as possible.

 

The Board went over the site plan checklist noting:

 

1)      the plans needed to be stamped by a NYS licensed architect

2)      applicant needs  a professional engineer do calculations on the drainage and grading

3)  paving needs to be completed by certain date agreed upon by the Board

4)      public sewer and water has to be provided before the code enforcement officer can issue a certificate of occupancy

5)      signage will be on the gable and comply with the code

6)      lighting plan to be provided to Mr. Woodbury

 

Brief discussion followed and the Board members felt they could approve the site plans with contingencies.  Mr. Woodbury assured the Board that the certificate of occupancy would not be issued without public sewer and water.

 

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PAGE TWO

 

Attorney Wright stated this project is exempt from SEQR review under 617.5 C (2) because it is the replacement of an existing structure.

 

Motion made by Pat McLaughlin, seconded by Ron Calanni to approve the site plan for Janet and Timothy Miller for their restaurant on North Main Street Ext., Jamestown, NY with the following contingencies:

1)      applicant must provide plans stamped by a NYS licensed architect

2)      applicant must show the building dimensions on the plans

3)      the lighting with two poles in each parking lot shall be shown on the plans

4)      applicant must provide an engineering report for the drainage

All of these items will be provided for and approved by the Mr. Woodbury.

5)      the paving of the parking lot must be completed by October 2002

 

Carried.             Ayes-5                    Noes-0                 Absent-2

 

Mr. Woodbury explained that he had received revised plans for Kenneth and Patricia Strong for their building on Wilson Street, Falconer, NY.  He explained that they had revised their plans for the pole structure to be used as a garage. It will be an accessory building for the residence at 2005 E Main St., Falconer, NY.  Mr. Woodbury will enforce the concerns of the neighbors under the housing maintenance code.

 

John Cusimano, 2597 South Work Street Ext., Falconer, NY asked for a sketch plan conference for an addition to his facility.  Mr. Cusimano had questions about the procedure and fees for the site plan review.  Mr. Woodbury stated that because of the size of the proposed addition exception under Section 121-5 A (4) would not apply.  

 

The Board reviewed plans with Mr. Cusimano and made suggestions to help him reduce some cost s but could not waive the engineering plans for this project. It was explained to Mr. Cusimano that the Town Board sets the fee for the site plan and if he wanted he could appear before them. They discussed the zoning, which is Industrial instead of Industrial Park Zone.  They discussed the set backs and drainage. Mr. Cusimano will return for the May meeting with a full set of site plans.

 

Gary Hellner requested a sketch plan review from the Planning Board.  He would like to open a Kitchen and Bath shop on property that he is purchasing from Weber-Knapp on South Work Street Ext., Falconer, NY. 

 

The Board and Mr. Hellner discussed the low traffic flow, the drainage, the type of business, the materials used in his business, the removing of trees and contours of the property, parking and the industrial zone and setbacks. Mr. Hellner will get the site plan section of the code and come back with his complete plans.

 

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PAGE THREE

 

The Board discussed the purpose of sketch plan conferences and the waiving of certain items on the checklist.  The Board did not feel a complete site plan review should be waived but some items could be waived in certain cases. They asked if Randy could made sure that the applicant understood the items on the check list should be addressed on their plans.  Randy explained that the applicant was usually looking to avoid the fee for the site plan review and that is why he had them come in for a sketch plan review. The Board members were in agreement that the fees were a Town Board issue.

 

Mr. Woodbury asked the Board members and Attorney Wright for a determination on some other pending projects.

 

He explained that Bethel Baptist Church on Hunt Road has on-going filling of land behind their premises.  He looked back in the Planning Board minutes and feels that their site plan has lapsed.  His opinion is they should be given a Stop Work Order immediately and directed to reapply, with a fee payment for an updated site plan. They should also bring in the maintenance log for review by the Code Enforcement Officer.

 

Gary Swanson had his notes from August of 1998 that approval was given with the following contingencies.  The Church must maintain the ditch on the north side of the property and change the lighting in the parking lot to lights that would be directed downward.  It was explained to the applicant at that meeting that the approval was for one year.

 

Mr. Woodbury also told the members that Trinity Biotech on Girts Road want to expand their parking lot on the westerly side of their building.  The Board determined that a site plan review was required.

 

Mr. Woodbury suggested the Planning Board relay to the Town Board that they would be enforcing the code and not waiving site plan reviews.    The Town Board sets the site plan review fees but the Planning Board members were in agreement that those fees are not usually the applicants major concern. The engineering fees are the costly ones.  The Planning Board cannot waive the engineering requirements and still enforce the code. Pat McLaughlin suggested that Chairman Evans might want to give the Town Board formal notice of their decision.

 

Motion made by Pat McLaughlin, seconded by Becky Goodell to adjourn the meeting at 8:45 P.M.

 

Carried.                   Ayes-5                 Noes-0               Absent-2

 

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Valerie Pierce, Secretary