May 13, 1997

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 MAY 1= 4, 2008 AT 7:00 P.M.

PRESENT:= Chairman Dan Evans, Ga= ry Swanson, Ron Calanni, Phyllis Belin, Paul Shanahan, Steve =

= Peterson, Fred Santucci, Attorney William Wright, Code Enforcement Officer Randy =

= Woodbury and Secretary Valerie Pierce

ABSENT: None

Chairman Evans opened the meeting at 7:00 PM.

Motion made by Gary Swanson, seconded by Paul Shanahan to approve the minutes of the April 2, 2008 meeting.

Carried. = &nb= sp; Ayes – 7 = &nb= sp; Noes – 0 = &nb= sp; Absent – 0

Mr. Evans said he woul= d like to move the request from the Town Board for a recommendation regarding permitted uses in Industrial Parks to the end of the agenda. The Board had = no problem with the change.

Chairman Evans reopened the public hearing for P= aul Gutzmer, National Bedding Co., LLC (Serta Mattress Co.) for an addition to the exist= ing building at 2375 Parkway Drive, Falconer, NY 14733.

Mr. Gutzmer, told the Board the pla= n he was submitting was scaled back from the plans they presented in April. Initially the project = was for 42,000 plus SF and now is 35,000 SF.&n= bsp; At the last meeting the issue of the retention pond was discussed. The original site plan was approved for this addition and the retention pond was built to accommodate that as well as other business moving into the park. Since that time they ha= ve met with the County Engineer, Mr. Bremmer, and they ha= ve additional information. He tu= rned the presentation over to Tim Asinger, Vice President of Kessel Construction Inc., and his representatives.

Mr. Asinger reviewed t= he plans with the Board. He told the Board that the building will be 350’= ; by 100’. He presented stamped site plan drawings for the project reflect= ing the building and the parking lot area.&nbs= p; The piping for the storm water drainage was noted on the drawings. He asked the board how they would = like him to proceed. He submitted = an aerial view of the property. = Mr. Asinger introduced Roy Pedersen, PC from= E & M Engineers and Surveyors PC, who did the site plan drawings for = this project.

The Board discussed the following with the representatives from Serta:

· the drainage – the swales will go around the building, there is a grade rise in the back

side = of the building – if any maintenance or emergency vehicle need =

= to get around the buil= ding they could because it will be graded – they will re-grass<= /span>

· the set back – they are well short = of the required 150 feet required setback lines – they resized the lot in the previous plan because of the setback requirements – they have a 50 foot setback from Willard Street Ext.

· there is a compacted gravel lot – t= heir thought process is to let it settle for one to two years before they pave - National Bedding just purchased the land, where the drop lot was, last year=

· no additional lighting other than what is existing on the building - th= ere will be security lights that will meet the code

· no change in the utilities – the existing infrastructure will accommodate the expansion

· elevations are shown on the plans –= they are moving the drive-in ramp to the new addition and opening up some loading docks to have more shipping docks available -= the receiving area on the new side wall will be expanded for receivi= ng more raw materials

· they will put silt fence in the construct= ion areas to control any of the erosion or sedimentation and prevent that from getting into the current storm water system without being properly filtered=

Attorney Wright said t= hat one of the questions in his notes from the last meeting is whether or not t= he water detention facility that was constructed by the County was going to be adequate for this project. A = letter received by the Town dated 5/14/08 from John Bremmer, Chautauqua County engineer, stated that the water detention facility is going to have to be revised to meet the current standards.&nbs= p; Mr. Pedersen told the Board that the County is taking proposals for = the design and will be doing the work themselves for the revised water detention facility. <= /p>

Paul Shanahan said the County indicated they would have the water detention addressed by summer and asked the applicant what their construction schedule was. Mr. Gutzmer said they would like to break ground as soon as they are issued a building permit and if possible t= he construction would start within a week or two. The Planning Board usually does not= go over one year for the paving because the site plan expires in one year. If Serta needs more than one year they can come back to the Planning Board and request additional time.

The Board continued by reviewing the site plan checklist noting: <= /span>

= <= o:p>

· the water flow – the roof water wil= l be captured by underground piping and directed to the storm pond – the parking lot water has storm inlets that are existing and go to the pond tha= t will be modified by the County - the water in the back will come around and the water that does not soak into t= he ground will get into the storm drainage system – the trailer drop lot= is graded so that water comes to a grass swale that will take it to the roadsi= de ditch, which goes to the pond - Mr. Richard Dixon said there is money set aside to maintain these ponds and as = soon as the County can they will get the estimates and get the work done to meet= the standards – Randy referenced the letter from Mr. John Bremmer - the B= oard decided that they will waive the storm water management plan with the understanding that the County will update the storm retention facility for = this project – Randy said he will issue a building permit with the conting= ency that the storm water pond is being reconstructed at the same time the build= ing is being built but he will not issue a permit for occupancy until the DEC s= igns off on the storm water pond – Serta’s completion date is December 2008 so the County will not hold them up.

· The parking lot in the back can stay grav= eled for one year but it they need to come back to the Planning Board to ask for= an extension if they need more time to pave next year.

· The Planning Board requested that a 20 fo= ot tree buffer be added to the Willard Street side – there is a provisio= n in section 146-43 C (landscaping) that states a planted visual barrier will be required to be maintained in yard areas that abut land upon which residenti= al structures are permitted except when natural or physical manmade barriers e= xist – the planting barrier or visual screens shall have a width of no less than 50 feet and should be of plant materials that within a reasonable time= (5 years) the vegetation will have curtained such growth habit that on a year-= round basis a person standing on either side of the planning shall not be able to= see through the planting - Mr. Gutzmer has no problem planting trees but does n= ot know if he can meet the standard requirement of a wall of trees that preven= ts someone from seeing the trailers - Gary suggested that they could plant some trees so it is not so stark - The Board decided that they would require Serta to plant trees - They agreed= on the trees going east to west at a 45 degree angle extending 75 feet - The t= rees will be Norway spruce with 10 foot centers.

· Only other permits required are the build= ing permit and the DEC notice of intent.

Steve Peterson had a question about the water that comes down from the east across the driveway = to the retention pond. The water= now sheets over the parking lot. = The applicant agreed to put a pipe under the parking lot.

The Board reviewed the= EAF that was submitted by the applicant. Attorney Wright stated that this action does not exceed any Type I threshold in 6NYCRR, Part 617.4 and will not receive coordinated review. The Board continued with Part II C noting: =

· This is an addition in an Industrial Park=

· That the storm water management plan is t= o be upgraded by the County IDA.

· This project will not have an impact on t= he environmental characteristics that would cause the establishment of a criti= cal environmental area.

The Board determined t= hat this proposed action will not result in any significant adverse environment= al impacts.

Motion made by Paul Shanahan, seconded by Gary Swanson that Chairman Evans executes the EAF with a negative declaration.

Carried. = &nb= sp; Ayes – 7 = &nb= sp; Noes – 0 = &nb= sp; Absent - 0

Motion made by Paul Shanahan, seconded by Phyllis Belin to approve the site plans for National Bedding LLC (Serta) for the addition to their existing building at 2375 Parkway Drive, Jamestown, NY as presented with the following stipulations:

= · the parking lot will be paved within one = year – the applicant will come back to the Planning Board if they need more time

= · a pipe will be put under the parking lot = for drainage

= · a tree buffer will be added east to west = extending on a 45 degree angle 75 feet – they will stagger Norway Spruce trees = 20 feet on center

= · DEC notice of intent and a building permi= t are required

= · the regulations for the storm water management plan by the County shall be sent to the Town of Ellicott

Carried. = &nb= sp; Ayes – 7 = &nb= sp; Noes – 0 = &nb= sp; Absent – 0

Paul Potter, PE for Fluvanna Community Church, presented a sketch plan for a Family Life Center for the Church at 3363 Fluvanna Avenue Ext., Jamestown, NY 14701.

Mr. Potter told the Bo= ard that the design is approximately 75% done.= It does have all the issues for storm water. It is about 2 ½ acres with = the expansion. The existing build= ing is shown with the proposed addition. There was a sketch plan brought before the Planning Board a couple y= ears ago but that did not go forward. Mr. Woodbury said this is the first time a design professional has b= een before that Board with this project.

Mr. Potter said they w= ant to do several things:

· the Church wants to add the Family Life Center and a narthe= x

· the church has its own septic system and = well - the septic system is based on how many people sit in the sanctuary - base= d on what will come up in the future the current septic system can’t be expended large enough to handle it for this site - Mr. Potter has talked to= the South and Center Sewer District and there is a sanitary manhole across the street so they have put a pump station in and would modify the current sept= ic for the holding tank to handle the sewage.

· an elevation plan for the front of the Ch= urch was submitted because they are going to add a narthex to the front

· they do not have the all of the architect= ural plans or the landscape plan

· they hope to come back in a couple months=

· this property was an old gravel pit - Mr. Potter did some storm water calculations and he explained the drainage to t= he Board – they will need to have fire suppression for the family life center, which adds approximately 11,000 SF – 12,000 SF - the connector building adds another 2500 SF plus the narthex – just the family life center needs to have fire suppression – they will need storage and pu= mps and back up generation for the pumps – the Church is looking to put t= heir own power generation system in

· there will be parking lot lighting that w= ill go around the outside and shine in- that is not shown on the plan

· there will be some small modifications on= the inside of the building

· this property is zoned residential – the Church has a Special Use Permit - Randy stated that they should come in for a modification to the Special Use Permit to show the new scale

· this site is 11.1 acres and with the new = build-out they will have about 6 acres of green space – there is a courtyard in= the middle of the parking lot that will be use for green space and a memorial garden

· there is some storm water that is not collected by the storm water pond – the grade does not change –= it runs to the southwest

· Mr. Potter spoke to the NY State Highway and they are OK wi= th this project – they are= not generating more traffic - he already has the permit setup for boring across= the State Highway

· the parking lot will probably not be buil= t as big as it is shown on the plans – there is bad soil in the front of t= he site – the gravel ends approximately 25 feet in front of the Church a= nd from there on the soil gets worse as you go toward the lake

· Paul Shanahan asked about the pond and dr= ainage – Mr. Potter said they will build a berm – Paul asked if it will help alleviat= e some of the current drainage problems – Mr. Potter said it will not allevi= ate the problem but may help because the drainage now contributes to the proble= m

The Board told Mr. Pot= ter that the Church would have to submit an application to the Zoning Board. Mr. Potter said they are still wor= king on the lighting and the landscaping. They will meet with the neighbors so they are in agreement with the project. Mr. Potter would lik= e to help the neighbors with the ditch but does not see that they can because the elevation is too low. Attorney Wright said that the neighbors will receive notice of both the Planning and Zoning meetings and will be able to come in and participate. Mr. Wright said that the Church should do everything they can to help mitigate the impacts = for the neighbors. He said that because it is a modification of a Special Use Permit they should review section 146-64 of the code. The Zoning Board would like to see everything that will be presented to the Planning Board. Mr. Potter told the Board they do not plan to ask for any variances. The budget for this project was $800,000 to $900,000 but with the costs going up and because the Church= has not yet generated enough funds; Mr. Potter estimates it will be closer to $1,125,000. Mr. Potter told t= he Board he would have all the required permits, the lighting plan and the lan= dscaping plan when he comes back to the Board. Attorney Wright stated they need to go before the Zoning Board first= for modification of their Special Use Permit.

The Planning Board continued with discussion on = the request from the Town Board to review section 146-42 D of the Town of Ellic= ott code regarding permitted uses in Industrial Parks, especially that retail business should not be precluded from operating in Industrial Parks and to = give a recommendation.

Attorney Wright read t= he letter received from the Town Board dated 1/23/08. The Planning Board had met with= William Dailey and Richard Dixon from the County Planning Board with the idea t= hat the Industrial Parks in the Tow= n of Ellicott were a pr= oject that was basically sponsored by the County. The County purchased the land, did= the entire infrastructure and did all of the environmental work. Mr. Wright presumes the County had input into what would be allowed in the Industrial Park District.

Ron Calanni said that = Bill Dailey wears more than “one hat” but would only speak for the <= st1:place w:st=3D"on">County Planning. Paul Shanahan said he thought that= Mr. Dailey was favorable to modifying the Town of Ellicott code to allow the proposed bus= iness which is Bloomquist Landscaping. Fred Santucci said that Mr. Dailey thought there was some land that would be undesirable for industrial and manufacturing because it was smaller –= it could be used for retail or smaller businesses.&= nbsp; Ron said there was also discussion on this parcel of land being used= for parking for another plot of property that could be developed that would not change the integrity of the industrial park. Attorney Wright said that from his perspective what they would have liked is a zoning that is specific to this= one piece of property that they are having a hard time selling provided it did = not impact the other parcels of land. Mr. Dailey was not in favor of making the change throughout the industrial park. <= /span>

Randy Woodbury has mad= e a proposal which might be a compromise to the Town Board. The Town Board has asked Attorney = Wright to discuss that proposal with the Planning Board. The proposal is to add another section of code to the indu= strial park district that creates the concept of a special permit use in an industrial park district. The Planning Board discussed that proposal.

·        Attorney Wright told the Town Board that = they can not leave it up to the Zoning Board to decide what is allowed - he aske= d if the Planning Board wanted to recommend the Town Board create the concept of= a special permit use and if so, what the criteria should be for that special permit use - Mr. Wright asked the Board for ideas for what the criteria sho= uld be - Some thoughts for criteria, before the Planning Board knew what the project was, were for incidental sales of products made at the location.

·        Paul Shanahan said that when he asked Mr. Dailey and Mr. Dixon if it would have any impact on future development with larger manufacturers if the Town did allow Blooomquist Landscaping to come in and develop this parcel within the industrial pa= rk - Mr. Dailey did not think it would h= ave any impact and did voice he was favorable to the change - Paul said that if they did allow this they should open the code to allow the businesses that = are there to do the same - Attorney Wright agreed that they would have to make anything they did district wide or they would get into a spot zoning situation - Paul said that he thought you could achieve a common ground by allowing Bloomquist Landscaping or a similar business into the industrial park district through a special use permit pro= cess – the part about retail sales would have to have one broad change and= one variance type of change - Ron said he would agree but for existing business= es the incidental sales should have a start and end time - Fred Santucci said that Overhead Door sells doors and Gary= has stated that Gren Company also d= oes retail sales - Attorney Wright said that should not be there but they did n= ot come before the Town - Randy Woodbury told the Board members that Overhead = Door has been told not to sell doors to individuals at the industrial park - they can have clients come in because they are a service company but individuals should not be allowed to pick the door up themselves - both Serta and Bush have asked to have retail sales and Randy has told them “no”

·        Paul asked what the necessity or purpose = of prohibiting retail sales was – Randy thought that has to be decided o= n a case by case basis and is why he suggested the special use permit that can = be a mechanism to govern something that is not a “use by right” in t= he memo that he wrote to Councilman Lodestro– there is a strong test in = section 146-64 of the Town of Ellicott Zoning code that states in the special use permit section that whatever use that is allowed by special use permit cann= ot be any more objectionable than a use that is allowed by right – there= is also a lack of definitions in the code

·        Bloomquist Landscaping does not fit in the Industrial Park by right – almost 100% of his business is off site bu= t it is not a business that can be there by right

·        Randy said that the Board needs to realize how valuable the Industrial Parks are to preserve (even if they are vacant for a long period of time) f= or a high employee business such as manufacturing – there is a lot of money put into the infrastructure – Fred said there are better locations mo= re suitable for a landscaping business than the Industrial Park – Paul stated that he feels that the IDA made it very clear that the parcel has not been developed and this would be opportunity to get it developed – Attorney Wright said the problem is to write the code to allow this business but not something that the IDA and Town does not want – Ron stated th= at the purpose of the Industrial Park is for manufacturing business and to cre= ate jobs – the landscaping business will not create jobs – Paul sai= d at the same time you are not developing that parcel and getting it on the tax = roll

·        Ron asked if the businesses were subsidiz= ed by the Federal or State government - Randy said he thought it was part of the Economic Development Zone

·        Randy said that he thought an ideal spot = for this would be on South Wor= k Street were Regal was – they do not want to go there because of the taxes

·        Most of the Board members were in agreeme= nt that this business did not belong in the Industrial Park – it could o= pen the Industrial Park to anything – it might be considered spot zoning = – Paul said that this parcel has never been developed in all the years the Industrial Park has been there

·        Phyllis Belin stated that because of the emphases at the College on training people that are industry ready there wi= ll be more skilled labor in the area – a business may come in because of= the work force

·        Randy said that even if the Special Use Permit were created the Zoning Board might not grant a permit to this busin= ess – Randy said that Bloomquist could apply for a use variance

·        Randy said that the same thing is happeni= ng at the airport – there is a big hanger that they hope will be used to it’s capacity - someone= at the IDA (who is not there anymore) wanted them to use it for IDA offices – that would have taken something (even though it is not being used to it’s full capacity) away from the airport

·        Randy said Mr. Dixon, as the financial person, wants to do something with the properties because they are not turn= ing a profit – the County has expenses - Mr. Dailey would say the same th= ing with his “IDA Hat” on but when he had his “County Planning Hat” on and was asked if they wanted the scheme to apply to the whole district he said “No”

·        Paul asked the Board if they were in agreement to open the Park to incidental sales to the existing businesses – the letter from the Town Board did not request that - Dan did not think the criteria was= there to change the integrity for retail sales

·        Gary Swanson said that his opinion would = be to recommend not to change the code – Fred Santucci agreed – Pa= ul said that there does not seem to be anyway to make it fit –

·        Attorney Wright said that the Board in the past have directed the Chairman with the Attorney’s help to send a letter to the Town Board with= their recommendation and the reasons

·        Randy said that the Industrial Parks are designed for what goes back to legislative intent – he feels that the legislative intent of Industrial Parks Countywide is for job intensive manufacturing purposes and even if they have to be land banked preserving t= hat is so great that should never jeopardized

The Board agreed that = they should recommend that this business not be allowed in the Industrial Park because:

= ·        of the legislative intent - land is valuable and should be pre= served

= ·        even with a modification of the code to a= llow a special use permit the proposed use of applicant is not permitted under t= he Industrial Park criteria

= ·        the IDA director advised the Board that unless the Board could create criteria that only went to one parcel they were not in favor of retail sale= s on an Industrial Park wide basis the Board did not recommend the rezoning of individual parcels due to spot zoning– Paul said that would tread on a spot zoning issue – Ron said that if they were to allow retail outlet= s in an industrial park would it discourage manufacturing companies coming in

Motion made by Gary Swanson, seconded by Phyllis= to direct Chairman Evans to send a letter to the Town Board stating the Planni= ng Board is not in favor of a change because of the reasons listed.=

Carried.        =                 Ayes – 7        =             &nb= sp;           Noes – 0        =                    =            Absent – 0

Motion made by Paul Shanahan, seconded by Ron Calanni to adjourn the meeting at 9:08 PM.

Carried.        =             &nb= sp; Ayes – 7   &nbs= p;            &= nbsp;                 Noes – 0            =             &nb= sp;             Absent – 0 <= /o:p>

_______________________________

Valerie Pierce, Secretary<= /p>