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 JULY 12,
2006 AT 7:00 P.M.
PRESENT: Chairman Dan Evans, Dave
Carlberg, Phyllis Belin, Paul Shanahan, Attorney William
Wright, Code Enforcement Office Randy Woodbury and Secretary Valerie
Pierce.
ABSENT: Gary Swanson and Ron Calanni
Chairman Evans opened the meeting at 7:00 PM.
Motion made by Dave Carlberg, seconded by Paul
Shanahan to approve the minutes of the June 14, 2006 meeting.
Carried. Ayes 4 Noes 0 Absent 2
Chairman Evans reopened the Public Hearing for
Nicholas Ferreri, 560 Fairmount Ave., Jamestown, NY for a revised Site Plan for
the Adult Day Care Facility.
Mr. Potter told the Board members that:
1)
the
water calculations will not change there is no change in the impervious area
- there is no change in the slope
2)
the
lighting will stay the same distance from the new building the scattered
light will have
less effect on the neighbors it already met or
exceeded the Town requirements
3)
the
landscaping also meets the Town regulations
The
Board went through the site plan checklist noting:
1)
the
revised plans were stamped by a licensed engineer
2) the existing contours were on the original plan
2)
a
complete storm water management plan and a letter from Mr. Potter stating
the
calculations had not changed were on file
4) building elevations were on the plan
4)
all
parking will be paved loading and unloading areas will be concrete - pedestrian access
in the front of the building
6) there will be no outdoor storage
7) fences are on the original plans
8) plans show the method of sewage disposal and location
9)
water
comes directly off street fire hydrant is on Merlin and there will be one on
Gifford
10) no change in the signage
11) landscaping plan was
provided
12) no retail sales
13) the estimated project
construction schedule they will start as soon as they have approval and will
be completed in four months
14) Town has a copy of the NYS
DEC approved storm water
15) no easements or restrictions
16) Town has topographic map
with the original plan
The Planning Board reviewed the EAF provided by the
applicant. Attorney Wright stated this
action does not exceed any Type I threshold in 6NYCRR, Part 617.4 and will not
receive any coordinated review.
The
Board continued with Part II noting:
1)
the
property in the back was rezoned to neighborhood business
2)
this
project would not have an impact on the environmental characteristics that
cause the establishment of a critical environmental area
3)
there
is not likely to be any controversy related to the potential adverse
environmental impacts
Motion made by Paul Shanahan, seconded by Dave
Carlberg that Chairman Evans execute the EAF with a negative declaration.
Carried. Ayes - 4 Noes 0 Absent 2
Motion made by Phyllis Belin, seconded by Dave Carlberg
to approve the revised plans for Nicholas Ferreri (Tanglewood Manor), 560
Fairmount Ave., W.E., Jamestown, NY as presented.
Carried. Ayes 4 Noes
0 Absent 2
Chairman Evans signed and dated the three sets of
the revised site plan.
Mr. Evans reopened the Public Hearing for Wegmans
Food Market Inc., 945 Fairmount Ave., W.E., Jamestown, NY to install a patio at
the exterior of the man door area between Wegmans and K-Mart.
Mr. Tim Coddington, Wegmans, presented three sets of
plans for the patio. He apologized to the Board.
Wegmans hired a vendor to do this project and were under the impression that
all the permits were in order. Mr.
Coddington met with Randy Woodbury and got all the drawings in order for this
meeting. Randy did inform Wegmans how serious this situation was.
Randy Woodbury stated this is a modification of the
site plan that is on file with the Town.
Mr. Coddington told the Board members:
1)
they
have no intention of adding awnings or fencing
2)
all
the lighting is on the building
3)
the
patio will be open until dusk
4)
there
are no plans for additional expansion on the outside
5)
there
will be no additional signage
6)
everything
they planned to do is shown on the plans
Attorney Wright said he wanted Mr. Coddington to
know this was a serious situation. Even though Wegmans was mislead, it was
offensive to the Board. The contractor
had specific instructions not to pour the concrete and did it anyway. Mr. Woodbury stated Wegmans has always had
approval for projects in the past and done a good job.
Mr. Coddington said they had contacted the vendor
before the last meeting to make sure he was prepared and were told they were
all set.
Chairman Evans said he has been there since it was done
and the drainage looks good. When Paul Shanahan asked if there was a fire lane
between the two properties, Mr. Evans stated there was an easement on the
original plans.
Attorney Wright determined this project is exempt
from SEQR as a Type II action being an accessory structure to a non-residential
structure under 4000 SF.
Motion made by DaveCarlberg, seconded by Paul
Shanahan to approve the modification to the approved Site Plan for Wegmans, 945
Fairmount Ave., W.E., Jamestown, NY for the patio as presented on the plans.
Carried. Ayes 4 Noes 0 Absent 2
Three sets of plans were stamped and signed by
Chairman Evans for the site plan modification.
Chairman Evans opened the Public Hearing for Site
Plan Review for Valeo, 2258 Allen Street Ext., Jamestown, NY, to install a
truck dock at the southwest corner of the facility.
Randy stated this is a modification to the Site Plan
for the addition Valeo built.
Mr. Todd Anderson, Facility Engineer at Valeo, presented:
1)
drawings
of the existing and proposed truck docks
2)
surveys
showing Valeo and the surrounding properties both north and south of the
railroad tracks
3)
drawings
of the plant layout
4)
a
topographical map of the area surrounding Valeo
5)
a
sketch of the visitors parking lot
Mr. Anderson had been through the 28-point checklist
and thought some of the 28 points did not apply to this project. Mr. Anderson
and the Board members discussed:
1)
all
receiving takes place at the loading docks on the east side of the plant the
proposed
dock would eliminate lift truck traffic though the plant, reducing cost
and eliminating a
safety hazard
2)
there
is an existing visitors parking lot where the proposed dock would be
3)
the
trailers making the deliveries would be 48 to 53- his concern is they have to
drive down Tiffany Avenue close to the light and back in it is a busy
intersection and would be a problem when there is heavy traffic
4)
they
would have the visitors use the main parking lot on the corner of Tiffany
Avenue and Blackstone where the employees park there is room for another 100
cars in that parking lot
5)
this
is the only spot for a truck dock at this end of the plant most of the
receiving would be at the other end of the plant there would be one truck per
day, five days a week, delivering aluminum coil directly to the end of the
plant where it would be used
6)
they
would try to restrict traffic with a yellow plastic chain to section off an
area for the truck to back in they will lose about 8 parking spaces in that
area cars currently come off both Allen Street and Tiffany Avenue
7)
Valeo
only has security from 3:00 PM to 7:00 AM so there would not be any security
to help during the day
8)
from
a production stand point this makes sense but it could be a safety issue
9)
they
possibility could regulate the time of the deliveries they cannot count on
truckers not being held up - it is
easier to regulate shipping product than to schedule deliveries
10)
there
does not seem to be any other way to get the trucks into the proposed dock area
11)
the
trucks could be up to 70 feet with the tractor
12)
it
will take about ½ hour to unload - once the truck is backed in the problem is
over except if the truck is over the sidewalk people will be walking into the
road if the truck is over the sidewalk
13)
there
was concern with the railroad tracks since they are busier now
The Town received comments from Chautauqua County Planning. They recommended that the Town request:
1)
additional
information and assurances from the applicant that would address or mitigate
the traffic concerns about possible traffic flow stoppage or control along the
nearby streets during loading and unloading operations
2)
advise
and guidance from other interested agencies regarding potential traffic flow
interruptions in the area of the proposed project they recommended the Board
contact the City of Jamestown Department of Development and the Countys Department
of Public Facilities Engineering Division
It was determined that Tiffany Street is partially a
City Street and Allen Street is County.
There was a lengthy discussion on how the trucks
could possibility back up to the dock. They had 750,000 SF and have sold
approximately 500,000 SF to Bush or Crawford. Valeo now has only a little over
250,000 SF. Their waste treatment plant is on the other side of the railroad
tracks and the parking lot is on the Jamestown side. They do own the small lot on the southwest corner of Tiffany and
Allen that is not being used.
Randy suggested that Mr. Anderson get a written
opinion from the City of Jamestown.
Attorney Wright asked if the Town should do that. Mr. Anderson will contact the City.
Mr. Anderson said he had studied this and it is the
best option he could come up with. This is the only place in the plant for the
truck dock. Mr. Wright said there is an issue with the traffic and also with
the railroad tracks and intersection. The Board needs to coordinate with the
City of Jamestown.
Mr. Anderson said he could take some physical
measurements and verify his dimensions.
It was suggested he have someone back in there to see how it would
actually work. The Board suggested Mr.
Anderson come up with some mitigation for traffic control because they cannot
approve something that might cause a dangerous situation. It was suggested Mr.
Anderson coordinate with Bush Industries so they would not have two trucks
backing up at the same time. Mr. Anderson said Bush would not interfere with
them but it would add to the traffic confusion. Bush Industries uses the docks constantly but have room for the
trucks to pull off the road and wait till traffic clears.
Randy Woodbury suggested that Mr. Anderson go to see
Bill Rice at the City Department of Development. Randy will call Bill Rice and request a letter from them after he
meets with Mr. Anderson.
Motion made by Dave Carlberg, seconded by Paul
Shanahan to table this application for Valeo.
Carried.
Ayes 4 Noes 0 Absent - 2
Chairman Evans reopened the Public Hearing for
Hanson Aggregates, 2237 Allen Street Ext., Jamestown, NY, to erect a building
around the existing ready-mix concrete plant and install a new steel silo.
Randy said
the Town had received a letter from the County Planning and a new
EAF. Dan said he had noted at the last
meeting:
1)
if
the northeast wall is to be used for storage it has to be 10 foot off the property
line if they use it just as a wall it can be 6 inches off the line
2)
the
silo dimensions needed to be on the plans
3)
the
elevations of the building need to be shown on the plans
The County Planning Board stated that based on their
review this proposed action would have no significant countywide or
inter-community impact and would be a matter of local concern.
Mr. Woodbury has the silo dimensions and the
elevations.
The Board reviewed the EAF. Attorney Wright stated
this action does not exceed any type I threshold in 6 NYCRR, Part 617.4 and
would not receive any coordinated review.
The Board
noted in Part II:
1)
the
enclosing of the production should reduce the noise levels
2)
the
project will not have an impact on the environmental characteristics that cause
the
establishment of a critical environment area
3)
the
is not likely to be any controversy related to potential adverse environmental
impacts
Motion made by Paul Shanahan, seconded by Dave Carlberg
making the determination this proposed action will not result in any adverse
environmental impacts and authorizing Chairman Evans to sign the EAF on behalf
of the Planning Board.
Carried. Ayes 4 Noes 0 Absent 2
Motion made by Dave Carlberg, seconded by Phyllis
Belin to approve the site plan for Hanson Aggregates with the following
contingencies:
1)
any structures or retaining walls used for storage proposes shall be
located 10 feet off
the property line
2)
the Board waived the requirement of the paved area being bituminous
surfaced for the parking lot on the northwest corner and allowed Hanson to use
crushed stone
Chairman Evans signed and dated three sets of plans
for Hanson Aggregates and noted on the plans that the restrictions were in the
Zoning Board of Appeals minutes.
The Board discussed the site plan modification for Thomas
Shelters, 2553 South Work Street Ext., Falconer, NY.
Mr. Woodbury told the Board that he had not heard
from Mr. Shelters. Attorney Wright said
they told Mr. Shelters Randy had enforcement authority on things like:
1)
his
pond not being built to plans
2)
the
paving not being done
3)
any
fence issues
4)
outdoor
storage
Randy said Mr. Shelters retained Jerry Erickson, PE
to be his engineer. He stated the pond was not approved as a phase pond and
should have been done according to the plans in the first phase and will ask
Mr. Erickson about the pond.
The Board asked Randy to give them a report on the
status of this project at the next meeting. Randy said he would e-mail the
Board members.
Discussion followed on the Wegmans project. Paul
Shanahan asked if there were any ramifications if a contractor and/or owner do
not get the required approvals from the Town. Kingsview specifically went
against the Chairman of the Planning Board when they poured the patio. Attorney
Wright said when anyone hires a contractor the responsibility goes back to the
owner. The Town would not have any
enforcement action against the contractor except to site them for working
without a permit. Mr. Woodbury will send a letter to both Wegmans and Kingsview
summarizing what happened with the conclusion and put it in the file.
Motion made by Dave Carlberg, seconded by Phyllis
Belin to adjourn the meeting at 8:50 PM.
Carried. Ayes 4 Noes 0 Absent 2
___________________________________
Valerie Pierce, Secretary