Preliminary Draft/Unapproved Minutes
MINUTES OF THE REGULAR MEETING OF THE TOWN OF ELLICOTT PLANNING BOARD HELD AT THE ADMINISTRATION BUILDING, 215 SOUTH WORK ST., FALCONER, NY ON JUNE 12, 2002 AT 7:00 P.M.
PRESENT: Chairman Dan Evans, Gary Swanson, Ron Calanni, Bob
Pickett, Dave Carlberg,
Attorney William Wright
and Code Enforcement Officer Randy Woodbury.
ABSENT: Becky Goodell and Mike Mogenhan
Chairman Evans called
the meeting to order at 7:00 P.M.
Motion made by Bob Pickett, seconded by Ron Calanni to approve the minutes of the May 8, 2002 meeting.
Carried. Ayes-5 Noes-0 Absent-2
Michael Puffpaff, Development and Environmental
Consultants, presented plans for the Aversa/
Patric sub division on West Oak Hill Road,
Jamestown, NY.
Mr. Puffpaff briefed the
Board members on the plans and explained that they fell back to the plan for 6
lots with wells and septic systems. He
told the Board that Mr. Aversa wanted to build his house this construction
season. Mr. Puffpaff discussed the need for water detention and told the Board
they did not want to add to the problems that Moonbrook already has.
The applicant has
provided a copy of the letter they received from Chautauqua County Department
of Health stating they could issue a permit for individual on-site septic
systems for the six lots.
Discussion followed on
the possibility of the roads being dedicated and Mr. Puffpaff stated that he
did not think that Mr. Aversa and Mr. Patric would be dedicating the roads to
the Town. The applicant would be responsible for the roads.
Mike Mogenhan entered the meeting at 7:10 P.M.
Attorney Wright
explained the procedure to the Board members.
The last meeting was a sketch plan conference and they need to approve
the preliminary plat plan with or without conditions and then approve a final
plat plan and set a public hearing. He reviewed Section 130-6, 130-7 and 130-8
of the Town of Ellicott Zoning and Planning Code.
Discussion followed on the
storm water management plan. Mr. Puffpaff told the Board there would be an
increase of 1 cubic foot per acre per second.
This is based on a ten year storm.
The applicant had
received a letter from Chautauqua County Department of Public Facilities dated
6/10/02 stating that the hydraulic calculations presented in the Storm Water
Runoff Analysis are not
PLANNING BOARD
JUNE 12, 2002
PAGE TWO
consistent with the
County procedures. They suggested a
ditch system be installed.
A letter provided to the
Town from Jack Thompson, P.E., responded
to the letter and explained that different professional engineers asked to
design the same systems come up with different solutions by using different
formulas. Attorney Wright explained that the applicant might want to resolve
the runoff disagreement with Chautauqua County.
The Board reviewed
Section 130-12 (criteria for a major sub-division) of the code noting:
1)
the area is zoned
residential
2)
applicant will provide
as modified topals for the roads
3)
Mr. Woodbury will meet
with the Fluvanna Fire Dept. and applicant concerning the fire access
4)
The applicant will
resolve the concerns of Chautauqua County on the water runoff
5)
any covenants and deed
restrictions will be provided for the Town
Attorney Wright
recommended that the Board conditionally approve the preliminary plat and have
Mr. Puffpaff submit the final plat at the next meeting and set the public
hearing at that time.
Discussion followed on
whether the Board could set the public hearing for next month. It was suggested that if Mr. Puffpaff could
get the plans to Mr. Woodbury within the next two weeks that Mr. Woodbury and
Chairman Evans could be delegated to determine if the plans were complete
enough to schedule the public hearing for the same meeting as the Board would
see the final plat plans.
Motion made by Gary Swanson, seconded by Mike Mogenhan to delegate Mr. Woodbury and Chairman Evans to schedule the public hearing if the final plans for the Aversa/Patric sub-division were complete.
Carried. Ayes-6 Noes-0 Absent-1
Motion made by Bob Pickett, seconded by Dave Carlberg to approve the preliminary plat with the following conditions:
1) Mr. Puffpaff will revise the storm water narrative
2) Mr. Woodbury and Mr. Puffpaff will meet with the Fluvanna Fire Department concerning the fire access
3) All covenants and deed restrictions will be provided to the Town
4) Applicant will resolve the water runoff concerns with Chautauqua County
5) Plat Plan with as is topals will be provided to the Town
Carried. Ayes-6 Noes-0 Absent-1
PLANNING BOARD
JUNE 12, 2002
PAGE THREE
Mr. Woodbury informed the Board members that Brad Lawson, Operations Manager for Tanglewood Manor, had provided a landscaping plan for 560 Fairmount Ave., W.E., Jamestown, NY. They are willing to leave this open until next month so the Board has time to review the plans.
Mr. Woodbury told the
Board that he would be issuing a temporary certificate of occupancy so they
could have their open house. They are
willing to make any changes the Board feels they need to mitigate the change in
the building set back.
Gary Swanson agreed to meet at the site with Mr. Woodbury, Chairman Evans, Attorney Wright and Mr. Lawson. Mr. Woodbury will set a time and let the others know.
Donald Sennett, P.E. from Abate Engineers, and Dennis Martin, presented site plans to construct a 40’ x 45’ extension to the existing structure at 3029 Fluvanna Ave. Ext., Jamestown, NY on property owned by Bernard Woolschlager.
Mr. Martin will be
purchasing the property from Mr. Woolschlager if this site plan gets approved.
Mr. Sennett reviewed the plans with the Board noting:
1)
there will be 7 bays
for auto repair
2)
there will be no sales
3)
the site is now
approximately 90% asphalt or oil and chip
4)
there will be 5
parking spaces and one handicapped parking space for customers and there will
be 8 employee parking spaces
5)
there was no
landscaping plan submitted because of the asphalt on the site
6)
the drainage is from
Fluvanna Avenue
7)
storm water
calculations were submitted from Mr. Sennett
8)
there are no records
for sub-surface disposal
9)
the elevations are
shown on the plans
10)
they will modify one
wall for the bay doors
Mr. Woodbury stated that the County Health Department have formally requested that he require a letter of approval from them before he issues a permit.
Attorney Wright stated that the Zoning Board of Appeals has approved the set back variances that are required.
The city of Jamestown is
requesting that the applicant modify for oil separators in existing buildings.
No public utilities will be changed.
PLANNING BOARD
JUNE 12, 2002
PAGE FOUR
The Board continued by
reviewing the site plan check list noting:
1)
no additional paving
2)
there will be a dumpster in the back of the building
3)
some of the fencing
will be relocated
4)
there is no public
water
5)
the signs will require
a permit from the code enforcement officer
6)
the security lighting
on the building will face down
7)
the construction will
begin as soon as the site plan has been approved
8)
applicant needs to get
approval from Chautauqua County Health Department
9)
this property is in a
mercantile zone
10)
there will be no new sanitary
connections
Attorney Wright wanted
the Board aware that they would be waving certain criteria. They would be
waving the criteria for paving because the site is already 90% paved and the
landscaping criteria because of the existing site. The applicant is willing to put removable planters in front of
the building.
Discussion followed on
the legality of Mr. Martin appearing before the Board. Mr. Woolschlager signed the application and
the EAF so Mr. Martin is acting as an agent for Mr. Woolschlager.
The Board reviewed the
short form EAF presented noting:
1)
the applicant intents
this will be a dry shop
2)
the building inspector
will contact the Chautauqua County Health Department before a permit is issued
3)
this property is zoned
mercantile
The Board determined
this proposed project would not result in any significant environmental impacts.
Motion made by Ron Calanni, seconded by Dave Carlberg making the determination that there would be no significant environmental impacts as a result of this project and authorizes Chairman Evans to sign the EAF on behalf of the Planning Board.
Carried. Ayes-6 Noes-0 Absent-1
Application for site plan review had been made by Kingview Enterprises Inc. for Richard C. Lisciandro, MD for additional paving at 816 Fairmount Ave., W.E., Jamestown, NY.
No one appeared for the applicant.
PLANNING BOARD
JUNE 12, 2002
PAGE FIVE
Steven Lasneck appeared for the Scared Heart Church in
opposition of the project. He stated he had reviewed the plans and they already
have concerns with the drainage and he had questions concerning the paper
street.
Attorney Wright
explained to the Board that he felt that this project would have to appear
before the Zoning Board because there is an issue with the paving being to
close to the property line.
Motion made by Ron Calanni, seconded by Mike Mogenhan to table this application because the applicant needs more extensive plans and because of the zoning issue.
Carried. Ayes-6 Noes-0 Absent-1
Mr. Woodbury will notify
the applicant.
Mr. Roger Smith asked the Board for a sketch plan conference. He wants to lease 3 acres of land on Fluvanna Ave. Ext. owned by Marilyn Moreen for an outdoor flea market. He wants to rent to approximately 20 vendors and operate every Saturday and Sunday from June 5, 2002 through October 15, 2002.
The Board discussed Mr.
Smith’s plans with him and explained there would be several issues that would
have to be addressed. These would include:
1)
traffic issues
2)
parking issues
3)
safety issues
4)
capacity of the site
5)
allowed use in
mercantile zone
The Board members agreed
that there are too many issues and Mr. Smith would be changing the use of the
property. They explained to Mr. Smith that he would have to pay the application
fee and submit a complete site plan. Mr. Woodbury told the Board that he had
informed Mr. Smith that the code required site plan review but Mr. Smith did
not want to pay the fee or hire an engineer. Mr. Woodbury explained that he
could have helped if Mr. Smith had filed an application.
Mr. Smith asked if he
could get a temporary permit. Mr. Woodbury and Attorney Wright stated there was
no provision in the code for temporary permits.
Edward Martiny asked for a sketch plan conference. He wants to develop property currently owned by Mr. Scalise on North Main Street Ext., Jamestown, NY. He asked the Board and Attorney for advice concerning the procedure and what he needed for the site plan review.
PLANNING BOARD
JUNE 12, 2002
PAGE SIX
Mr. Martiny told the
Board members he would be down sizing the project from the original 16,000 SF
building that Mr. Scalise had proposed to an approximately 1500 SF to 2500 SF
building for a Red Apple/Kwik Fill station.
He would also like to lease or rent half of the property to a franchise
such as Burger King or McDonald’s.
He wants to have a sign
on North Main Street and I-86. He was
told he would need a permit from DOT for any sign on I-86.
Attorney Wright told Mr.
Martiny he would have to go through the complete site plan review. He might be
able to incorporate most of Mr. Scalise’s EIS.
The negative declaration would not carry to a new applicant and the
Board would need new findings. Attorney Wright did not feel they could use the
long form EAF and should modify the
EIS. Attorney Wright, Mr. Puffpaff and Mr. Martiny will determine what they
will need for environmental review.
Discussion followed on
who the lead agency would be and Attorney Wright said the Planning Board could
declare lead agency but that could be challenged. He did not see a problem since the Town Board had changed the
zoning. Scoping is not mandatory.
The Board all agreed
that this property should be developed and hoped that Mr. Martiny will pursue
his project.
Motion made by Bob Pickett, seconded by Mike Mogenhan to adjourn the meeting at 9:45 P.M.
Carried. Ayes-6 Noes-0 Absent-1
___________________________
Valerie Pierce, Secretary