MINUTES OF THE REGULAR MEETING OF THE TOWN OF ELLICOTT PLANNING
BOARD HELD AT THE ADMINISTRATION BUILDING, 215 SOUTH WORK ST., FALCONER, NY ON
AUGUST 10, 2005 AT 7:00 P.M.
PRESENT: Chairman Dan Evans,
Gary Swanson, Ron Calanni, Phyllis Belin, Paul
Shanahan, Attorney William Wright, Code
Enforcement Officer Randy
Woodbury and Secretary Valerie Pierce.
ABSENT: Mike
Mogenhan and Dave Carlberg
Chairman
Dan Evans called the meeting to order at 7:00 P.M.
Motion made by Ron
Calanni, seconded by Phyllis Belin to approve the minutes of the July 13, 2005 meeting.
Carried. Ayes-5 Noes-0 Absent-2
Chairman Evans asked Randy Woodbury to present the
sketch plan he had. Randy said he had
asked both Mr. John Alm, owner and
Allen Glover, tenant to attend the Planning Board meeting because
of the situation on North Work Street near the entrance to the Cassadaga Pump
Station for municipal drinking water produced and delivered by the Jamestown
Board of Public Utilities. Mr. Alm had
taken down a house under Mr. Woodbury’s order and was scheduled to clean up the
property. There were some issues that might have averted that but they did not
go through so Mr. Alm still owns the property and has rented it to Mr.
Glover. Mr. Glover failed to come see
this Board and started what the owner calls a recycling business. It is going through the administrative and
judicial process right now. Mr. Woodbury received a call from Mr. Bill
Parment’s office with a request that the Board hear Mr. Glover. Randy suggested that maybe the County and
the State could help to get this business up at the landfill in Ellery.
Mr. Glover has applied for a fence permit, which Mr.
Woodbury denied. Randy stated since they have not been to the Board for site
plan approval there is no bases to grant a permit without a site plan.
Mr. Glover told the Board members that he does not
have a plan and is just looking for a place to store the metals and other
things he removes from old houses. He
would like to have a fenced in area so it does not look so bad and also to
protect it from thieves.
The property is zoned industrial and Mr. Glover
stated the property is approximately 4.9 acres. Randy asked Mr. Glover if he understood the site plan process and
asked him what his intentions were.
When asked by Attorney Wright if he planned to construct a building to
store this, Mr. Glover said he did not because his business is not that
big. Mr. Glover stated his business has
been the same size for 20 years and was previously in the Town of
Stockton. He was going to try and get a
DEC permit to open a compose spot but he had not yet spoke to the person at
DEC. Mr. Glover said he would just like
a permit for a fence to protect the metal.
PLANNING BOARD
AUGUST 10, 2005
PAGE TWO
Randy asked the Board if they would like him to work
with Mr. Glover on the site plan review.
He does plan on proceeding with the administrative and
judicial process to have the property cleared.
Chairman Evans asked if there were any hazardous or dangerous materials
on the site. Mr. Glover stated it is
environmentally safe.
Randy told the Board under Section 139 of the Town
code they were given notice to remove everything within four days but that has
not been done. If Mr. Parment is not
able to secure land at the landfill the Town will tow it to other
locations. Randy suggested that Mr.
Glover stay and watch the procedures for site plan review.
Mr. Paul Battaglia,
Hamilton, Houston and Lownie Architects LLC, and Ken Kirsh, facilities manager
for Greater Buffalo Savings Bank, presented the additional
information requested by the Planning Board at the June meeting.
Discussion followed on the items requested:
1) the
lighting - they submitted a photometric plot
2) a
survey with topographic information was provided
3) the
landscaping plan was provided with a legend for the planting materials
4) the
sales contract will be provided by the bank – they are waiting for the Planning
Board’s approval
5) drainage
calculations were provided – they indicated less runoff when completed than
what is on the site currently
Chairman Evans asked Mr. Battaglia about the
easement with Mr. Piazza. Mr.
Batttaglia said that has been negotiated and is shown on the plans. They have also had conversations concerning
the ingress and egress on Fairmount Avenue.
The County did recommend that they restrict access from the site to
Fairmount Avenue by having a right turn egress from the property. They reviewed that with Don Nickerson, NYS
DOT, and he verbally agreed. The curb
cut on Jackson Avenue has been moved approximately 20 feet. The location of the easement where it goes
onto the neighbor’s property has been moved.
Mr. Woodbury said that Mr. Piazza is coming in for an extension on his
site plan and the Board could find out his intention on the easement.
Attorney Wright had some questions on the lighting.
There appears to be some pretty high intensity lights on the northwest corner
that do not meet the code. Mr.
Battaglia said they are on an existing pole but they could put a cutoff on to
cut that down. There is commercial
property next door. Mr. Battaglia said he would be willing to take that fixture
out. The light for the ATM is a State-banking requirement.
The Board continued by reviewing the EAF for Buffalo
Savings. Attorney Wright stated this project does not exceed any Type I
threshold in 6NYCRR, part 617.4 and will not receive any coordinated review
PLANNING BOARD
AUGUST 10, 2005
PAGE THREE
The Board
members continued with Part IIC noting:
1) there
are no changes to the topals and the drainage is existing
2) this
property is zoned mercantile
This project will not have an impact on the
environmental characteristics that will cause the establishment of a critical
environmental area. The Board determined that this proposed action would not
result in any significant adverse environmental impacts.
There were no neighbors present for this project.
Motion made by Gary
Swanson, seconded by Paul Shanahan, to check the second box of part III
(determining this project will not have any significant environmental impacts)
on the EAF form and authorizing
Chairman Evans to sign on behalf of the Planning Board.
Carried. Ayes-5
Noes-0 Absent-2
Motion made by Paul
Shanahan, seconded by Ron Calanni, to approve the site plan as submitted for
Greater Buffalo Savings Bank, 870 Fairmount Ave., W.E., Jamestown, NY, with the
following contingencies:
1)
The applicant will
provide a copy of the easement and sales contract.
2)
The Board is
waiving the requirement for the light on the northwest corner.
Mr. Battaglia said there would be a separate
presentation for the signs.
Carried. Ayes-5
Noes-0 Absent -2
Chairman Evans
signed and dated three copies of the site plan.
Don Sennett, PE,
Abate Associates, presented the site plan for the Hampton Inn access highway and also the pond
that was designed by C & S Engineers.
The proposal that was presented a few months ago has
not changed in principal and basically not changed in plan view.
They have added items that were suggested:
1) utilities
along the corridor to the south of the property
2) street lights and directional signs on the
access road
3) snow storage areas are indicated on the plans
The entrance is off Route 60 and centered on the
entrance to the Comfort Inn across the street. It occupies a 30-foot strip of
property, which goes back to the largest site that is not being developed in
the Town of Ellicott and goes up to the Hampton Inn that is entirely in the
City of Jamestown.
PLANNING BOARD
AUGUST 10, 2005
PAGE FOUR
Approval has been applied for and verbally received
for the access road as shown on the drawings from the NYS DOT. They have also
requested an easement or permit for the discharge of the pond into State
drainage. No easement is required just a permit for construction, which they
have verbally received. Mr. Sennett
explained the storm water runoff and collection system. He provided a storm
water pollution plan.
There will be five street lamps for security. The
only signage will be directional signs that will meet the DOT
specifications. They have designated
the snow storage areas as shown on the plans. They are still waiting for the
actual permit from the State DOT. Bob Del Fanzo, Buffalo DOT, approved the
permits. They have not contacted Mr.
Woodbury but it was his understanding that Mr. Paul Liuzzo would have to sign
off as the property owner. All Randy’s conversations with the Buffalo DOT
office have been that this is the way they will permit the project. The State
DOT feels lining up this driveway with the driveway of the Bob Evans Restaurant
is the best long-term option. They would eventually like McDonalds and Mobile
to join into this driveway and make it the only driveway and perhaps put a
traffic light at that four way intersection.
Chairman Evans asked if there would be any future
buildings. Mr. Sennett stated that for
the traffic survey there were future concepts for a professional office
building and a banquet hall. They do
not have any plans at this point and the applicant would have to come back to
the Board for site plan approval. The
storm water plan is not for any future plan but just for the Hampton Inn and
the roadway. The ability is there to expand the pond.
There were no neighbors present for this site
plan.
Part I of the EAF was provided and Mr. Woodbury said
he would get a copy of Part II for the
Board’s review. Randy told the Board if they approve the plans and
get to the stamping of the plans he would like to keep all three copies until
they get the permits from the State DOT.
Chairman Evans continued with the sketch plan review
for Tanglewood Manor, 560 Fairmount
Ave., W.E., Jamestown, NY.
Mr. Jim Carroll,
Asterhill Planning and Developing Services, presented the sketch
plan for an adult day care facility on property on the west side Gifford Avenue
approximately 105 feet from the intersection of Gifford and Fairmount
Avenues.
Discussion followed on:
1) the
size of the building and the setbacks
2) the
proposed parking and the driveways – the applicant needed clarification on the
distances the ingress and egress have to be from the property lines – there
cannot be
PLANNING BOARD
AUGUST 10, 2005
PAGE FIVE
any commercial purpose on the residential lots even
for the ingress and egress
3)
the buffers - if they do not meet the code requirements they would have
to go before the Zoning Board of
Appeals
4)
the space for snow removal
5)
the lighting - residential lighting that will meet all the requirements
in the code will be used
6)
the traffic patterns will be south of any residents
7)
the fence
8)
definition of the rear of the property
Attorney Wright told Mr. Carroll that his interpretation would be that
the building would have to be set back from not only the property they own but
from the boundary of the neighborhood district by its side yard setback. Mr.
Carroll said the code said side yard setback from the property line. The
property falls into two districts but is a contiguous property and they will be
back 40 feet out of the residential zone.
Mr. Ferreri said he then has 65 feet of his property he cannot use.
Tanglewood will decide if they will go to the Zoning Board for variances
for the setbacks.
The Board continued with the EAF for Sandlewood Hotels for the
Hampton Inn access road on Route 60. They reviewed the EAF
noting no significant impacts. There were no neighbors present for this site
plan.
Motion made by Ron Calanni, seconded by Gary Swanson that this project will not have any large or important impacts and, therefore, will not have a significant impact on the environment and therefore a negative declaration will be prepared and authorizing Chairman Evans to sign the EAF on behalf of the Planning Board.
Carried. Ayes-5 Noes-0 Absent-2
Motion made by Gary Swanson, seconded by Ron Calanni to approve the site plan as presented for the access road for Sandlewood Hotels contingent on:
1) the NYS DOT permit to constructed within the right-of-way for the driveway
2) the permit from NYS DOT to construct within their right-of-way for the drainage
Chairman Evans signed and dated three sets of plans that will be kept at the Town until the permits are received.
Mr. Paul Potter, Envirovison Engineering, presented the final plans for Nothgate Church at County Route 380 and NYS Route 60.
Mr. Potter told the Board they have received the approval for the SPEDES
permit, the driveway permit from the County and the approval of the septic
system design. The lighting plan was
provided.
PLANNING BOARD
AUGUST 10, 20005
PAGE SIX
Discussion followed on:
1)
the project phases - the storm water is designed for all three phases,
the septic system is designed to handle phase I and II – the lighting plan will
handle phase I and II – phase III will require them to come back and present
the new septic system and to relocate one of the driveways off Rout 60 – phase I
will begin in September, phase II in about 5 years and phase III in about 10
years
2)
the signs – shown on the plans – will need to get approval from the
Zoning Board
3)
lighting - shown on the plans
Jeff Ekstrom showed the Board photos of the signs. The total square footage is under
the code requirement but they need a variance for the two signs since they are
allowed only one according to the code.
There are no changes on these plans except for the signs being
noted. The building elevations and
pictures were provided. The lights,
which are only on the building, are shown on the plans.
Mr. Gamble, technical architect, reviewed the building plans with the Board
members.
The Board reviewed the EAF provided noting:
1)
the proposed action will result in a physical change to the project site
- the construction will continue for more than 1 year and involve more than one
phase
2) the
property was rezoned to mercantile two years ago
3) the proposed action will effect the existing
traffic – it would create more traffic
4)
the proposed action will affect the character of the existing community –
it will change the density of the land use
5)
there was no public controversy – there were no neighbors present
Motion made by Paul Shanahan, seconded by Phyllis Belin that the Board determines this project will not result in any large and important impacts and, therefore, will not have a significant impact on the environment, therefore a negative declaration will be prepared and authorizing Chairman Evans to sign the EAF
Carried. Ayes-5 Noes-0 Absent-2
Motion made by Ron Calanni, seconded by Paul Shanahan to approve the site plan for Northgate Church as presented.
Carried. Ayes-5 Noes-0 Absent-2
Chairman Evans signed and dated three copies of the site plan.
PLANNING BOARD
AUGUST 10, 2005
PAGE SEVEN
Paul Potter, Envirovision Engineering, presented plans for Harley Davidson ( Marilyn Reid) for a new facility across from Exit 13 just outside the Village of Falconer on Route 394. Kevin and Brian Reid were also present.
Discussion followed on:
1)
the existing driveway that cuts across on an adjacent property
2) there is public water on this site
3)
phase I of this project
will be the maintenance facility that will provide the parking and some
demolition of the existing buildings on the three lots
4)
they have filed with Mayville to convert these lots into one single
property
5)
a storm water analysis was
provided – there is a 4th
order stream which means they
can do water quality and quantity based on a 10-
year storm instead of thru the 100 year storm – they do not have to have the
detention as great as it was if there were no stream – they do need to worry
about the water quality so they need to trap any sediment or oils- they will be
trapped in the system that is designed - the calculations were given the Mr.
Woodbury - Randy stated he agreed with
the calculations
6)
the State has been notified and will approved the driveways
7)
they plan to keep one of the houses and some of the sheds
8)
the septic system is designed for the existing house – they don’t know if
the City will extent the sewer that far
– for phase I there will be no drain – but there will be drains in phase II –
for now it will be a dry shop but in Phase II there will be detail washing
areas that will need to be drains
9)
Randy Turner, Kessell, presented building plans. It will be a single slope
building that is 148’ x 80’ and there will be a slightly longer building 160’ x
100’ along the front added in Phase II.
Harley Davidson has certain requirements for the building. There will be a loading dock, which will
have a 60-foot pad in front of it, a drive-thru door with a 12’ x 14’ overhead,
and a 12’ by 6’ bi-parting door, The building will be humidity controlled. In the second phase there will be a dividing wall to separate the show
room.
Discussion followed on:
1)
the driveway would be paved in phase II
2)
the Route 60 site will remain open until the completion phase II
3)
from the completion of phase I there will be approximately 18 months and
phase II should take approximately 6 months
4)
phase II would need another single head on the traffic light and some
additional signs
5)
there is existing landscaping but more landscaping would be done in phase
II
6)
they are looking at about a 6 month construction schedule for phase I
7)
there are four exterior lights on the first building
8)
the storm water plan has been done on phase I
PLANNING BOARD
AUGUST 10, 2005
PAGE EIGHT
9)
the first phase is just under 12,000 SF so they do not need sprinklers –
phase II would be 16,000 SF
Mr. Woodbury said he would suggest they get on municipal sewer. He will
call Steve Johnson at the Health Department.
The Board continued with the site plan checklist noting:
1)
the storm water management for phase I was provided
2)
all the driveways will be paved with phase II with the Board’s approval
3)
the Reid’s marked and initialed which sheds would be removed on the plans
4)
there will be no fences
5)
they will use the existing septic system that is there for the house
–they will need approval from the County Health Department before a building
permit could be granted
6)
there is existing municipal water – they will need to put in a fire
hydrant
7)
there will be one sign on the building only for phase I
8)
the buffers are existing
9)
lighting - only on the doors of the building
10)
curb cuts are existing
The Planning Board requires the following for approval:
1)
the Board will approve phase I
and they will have to come back for phase II
2)
the septic is contingent on the approval of the current one or the
installation of one that meets the Health Department’s specifications
3)
the paving will be done within 24 months or would be included with phase
II provided it is under progress within 24 months
4)
the existing green area will be undisturbed
Pamela Lucus, 1974 East Main Street, Falconer, NY 14733, had concerns with the
amount of noise from the motorcycles and trucks.
Mr. Reid said he does not feel it
will add to the noise already at that intersection and he said the truck
traffic will be minimal. They only get one or two semi-tractor trailers per
week. Mr. Reid said phase I will be a
service support center and there will be only 1 or 2 employees and he sees no
disruption at all.
The hours of operation for phase I will be 8:30 AM until 5:00 PM six days
a week. In the second phase the hours
of operation will stay the same except on Thursday and Friday they stay open
until 8:00 PM. They are closed on
Sundays. They have plans for an indoor
anemometer so the operations during the winter months would be done in a sound
proof room. They will have an exhaust
extraction system in the building. They
do not have “events” but will have an open house. They have been a sponsor but have not had actual events. He said that might change. The day-to-day operations are
PLANNING BAORD
AUGUST 10, 2005
PAGE NINE
conducted internally but he can not control the people that are coming
and going. Mr. Reid said that he is
always willing to talk to the neighbors if they have a problem. Mr. Turner said they can designed
landscaping so at least on the ingress and egress they do have something to
buffer the noise.
The Board reviewed the EAF.
Attorney Wright said that the present use of the land in the vicinity of
the project is marked residential. He
asked permission to checked the box that it is commercial as well as
residential. Mr. Wright stated this
proposed project does not exceed any type I threshold in 6NYCRR, Part 617.4 and
will not receive any coordinated review.
The Board continued with Part IIC noting:
1)
the surface water is to discharge into a dry swale system and then into
the the Chadakoin
river
2)
this property is zoned mercantile
The Planning Board determined that this proposed action
would not result in any significant adverse environmental impacts.
Motion made by Paul Shanahan, seconded by Gary Swanson to authorize Chairman Evans check the second box in Part III that states their determination.
Carried. Ayes-5 Noes-0 Absent –2
Motion made by Ron Calanni, seconded by Gary Swanson to authorize Chairman Evans to sign the EAF for Harley Davidson.
Carried Ayes-5 Noes- 0 Absent-2
Motion made by Paul Shanahan, seconded by Gary Swanson, to approve the site plan for Harley Davidson, 1959 East Main St., Falconer, NY contingent on:
1) finishing the paving within 24 months of construction
2) they use an approvable water and sewer system
Mr. Evans signed and dated three sets of site plans for Harley Davidson.
Neville Messinger, Commander, and Larry Bimber, 1st Vice Commander, presented a sketch plan to construct a pavilion at the American Legion Herman Kent Post 777 on Jackson Ave., W.E., Jamestown, NY.
The old pavilion at their campgrounds in the Town of Harmony is no longer
big enough for the membership that has grown to 1800 members
PLANNING BOARD
AUGUST 10, 2005
PAGE TEN
They would like to build a new 30’ by 60’ pavilion. He showed the Board members a picture of one
at the Lakewood Rod and Gun that would be about the same size they would like
to build. They would like to use the
pavilion for their family picnic, the boy scouts or cub scouts, the Celoron or
West Ellicott seniors, the auxiliary, or members that would like to have
parties. They would also use it for the
other legions after the Memorial Day services.
Their liquor license stipulates they are only allowed to sell alcohol at
the post and not outside and they abide by that.
He showed a sketch of the site and noted where the pavilion would be and
the drainage system. The map was from 1996.
Attorney Wright said he thought
the Legion had been in for a modification within the last couple of
years. Randy said this map is the most
current for what was built but the
Legion had come in for much more. They
did not do that project. Gary Swanson
said his notes reflected the Legion have been in for the re-grading of a slope
and a retaining wall in 2000. Mr. Messinger said they want to do just the
pavilion at this time. They do own the
property and a paper street that goes all the way to North Allegheny. The
property has been cleared and is currently being mowed.
Attorney Wright stated they are in under a site plan
conference and his recommendation would be to modify the current site plan.
They would need to apply for a modification and the neighbors would have to be
notified.
Dan Devereaux presented plans for revised plans for Kingsview Paving. Mr. Devereaux said they now need bathrooms, a break room, office and
storage. The property is zoned industrial.
They need approval for the building.
Attorney Wright said a revision for a site plan requires an application
and the notification to the neighbors.
The Board agreed that the applicant should apply for a revision. Discussion followed on the fact they were
Motion made by Ron Calanni, seconded by Phyllis Belin to adjourn the meeting at 10:30 PM.
Carried. Ayes – 5 Noes – 0 Absent-2
________________________
Valerie Pierce, Secretary