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 AUGUST 14, 2002 at 7:00 P.M.

 

PRESENT:  Chairman Dan Evans, Ron Calanni, Bob Pickett, Mike Mogenhan, Dave

                      Carlberg, Attorney William Wright and Code Enforcement Officer Randy

                      Woodbury

ABSENT:     Gary Swanson and Becky Goodell

 

Chairman Evans called the meeting to order at 7:00 P.M.

 

Motion made by Mike Mogenhan, seconded by Dave Carlberg to accept the minutes of the July 10, 2002  meeting.

 

Carried.         Ayes-5             Noes-0             Absent-2

 

Attorney Wright asked Chairman Evans to bring the Board members up to date on the Aversa/Patric sub-division.

 

Mr. Evans listed the items the Board was missing  at the June meeting.                   

            1)  Confirmation if the area is residential

2)  Modified topals from the applicant

3)      Code Enforcement Officer would check with the fire department on the fire access

4)      The applicant would resolve the drainage runoff  with Chautauqua County

5)      Covenants and deed restrictions needed to be provided to the Town of Ellicott

 

Mr. Woodbury confirmed that the area is residential. He stated he had talked to the fire department about the fire access.  Modified topals were provided by the applicant and a revised storm runoff study was also provided by Mr. Puffpaff. A copy of the covenants and deed restrictions were provided.

 

Attorney Wright asked Mr. Puffpaff to explain the water flows on the property and how it now meets the County criteria.  Discussion followed on the drainage and detention pond. 

 

Attorney Wright explained to the Board that since they had went over the check list and had approved the preliminary plot plan at the June meeting with conditions the next step would be to approve the final plat plan.

 

Motion made by Ron Calanni, seconded by Mike Mogenhan to accept the final plot plan for the Aversa/Patric sub-division.

Carried.                      Ayes-5                   Noes-0                  Absent-2

 

Motion made by Ron Calanni, seconded by Bob Pickett to adjourn the Planning Board meeting and open the Public Hearing for the Aversa/Patric sub-division at 7:30 P.M.

Carried.                        Ayes-5                  Noes-0                  Absent-2

 

 

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PAGE TWO

No one appeared for the Aversa/Patric sub-division  public hearing. 

 

Attorney Wright stated after the public hearing had been held the Planning Board has 45 days to finally approve the sub-division. He asked Mike Puffpaff to prepare an environmental preliminary findings statement for the Planning Board. They will appear at the September meeting for final approval of the sub-division.

 

Chairman Evans closed the public hearing and reopened the Planning Board meeting at 7:32 PM.

 

The next item on the agenda was the site plan for Dr. Liciandro for additional parking at 816 Fairmount Ave., W.E.  Mr. Woodbury told the Board members that he had talked to Dr. Lisciandro’s contractor and advised them to appear before the Zoning Board.

 

The Planning Board continued with the site plan for Monarch Plastics in the Mason Industrial Park.

 

Arron Tiller provided the Board members with reduced plans for the revisions for the project.  They did not have actual stamped full sized plans for the Board.

 

Chairman Evans listed the items the Board required from the applicant at the July meeting. The applicant provided the following:

1)      the property lines were shown on the revised plans

2)      the applicant kept the same deeded lines and moved the parking lot back

3)      the loading and unloading area will not allow parking in that area so the set back meets the code requirement

4)      handicapped parking spaces are now shown on the new plans

5)      the outside storage dumpster is shown

6)      the utilities are located on the plans

7)      hydrants are shown

8)      the evergreens that the applicant agreed to plant are shown on the plans

9)      the lighting is shown on the plans and meets the code criteria

 

Attorney Wright stated that the Board could adopt the Chautauqua County SEQRA done for Mason Industrial Park since the perimeters were broad enough to cover this proposed project.

 

There was no public comment on this proposed project.

 

Motion made by Bob Pickett, seconded by Dave Carlberg to adopt the County SEQRA.

 

Carried.                Ayes-5                     Noes-0                 Absent-2

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AUGUST 14, 2002

PAGE THREE

 

Motion made by Ron Calanni, seconded by Bob Pickett to accept the site plans for Monarch Plastics as presented.  Three stamped full size sets of plans must be provided to the Town.

 

Carried.                 Ayes-5                    Noes-0                   Absent-2

 

Attorney Wright asked Dan Evans to leave the table and asked Ron Calanni to Chair this portion of the meeting. Dan Evans presented plans for additional parking at Alfie’s Restaurant at 986 Fairmount Ave., W.E., Jamestown, NY.

 

Mr. Evans explained to the Board he was proposing an additional 100’ by 150’ parking area for 24 cars.  There will be a berm on the back side of the property with trees planted on top. He told the Board that Dan Berry did the land survey and Rex Tolman was the engineer and provided the storm water calculations.  The calculations include the existing parking lot and are calculated on a 100 year storm.

 

Tim Morrison, 50 Babcock Ave. W.E., Jamestown, NY had concerns with the topals shown on the plans. He checked and found out that Mr. Evans had a permit to demolish the existing building on the property and that Mr. Evans did not need a permit to fill.

 

Christine Danforth, 37 Babcock Ave., W.E., Jamestown, NY told the Board that filling has made the water problems worse.

 

 Mr. Evans stated this plan with the new drainage should improve the water problems. He explained that Town of Ellicott Highway Superintendent Shellhouse has been working to correct the water problems in the area. The Board members and Mr. Evans reviewed the plans.

 

Barbara Slumsky, 34 Babcock Ave., W.E., Jamestown, NY was concerned that Mr. Evans had removed so many trees. She read from the site plan and thought Mr. Evans should have tried to preserve the trees.

 

Mr. Evans explained they removed the trees that were soft pine and one oak tree that was damaged by nails. 

 

Edward Slumsky, 34 Babcock Ave., W.E., Jamestown, NY, stated he was concerned with the drainage and that the Town had not been able to fix the water problems that exist.  He also had concerns with the lighting that he stated was aimed high and shines into his home. He also had concerns and felt the removal of the trees had added to the problems.

 

Mr. Morrison asked about the 4” pipe because he did not feel that it could handle the runoff of water.  Bob Pickett tried to explain the 4’ pipe was used to slow the water down.  Mr. Morrison

 

PLANNING BOARD

AUGUST 14, 2002

PAGE FOUR

 

said that the detention pond at Wegmans is not working.  Randy Woodbury stated that Wegmans is in violation and that he is trying to get that corrected but that is a separate issue.

 

Richard Harrison, 6900 Almond Ave # 118, Orangevale, CA., owner of property at 33 Babcock Ave., W.E., Jamestown, NY, had several concerns.  He asked the Board if the design was adequate.  He wanted to know if this project would pollute his well. 

 

Since the neighbors had so many concerns the Board asked Mr. Evans if he could bring Mr. Tolman to the next meeting to address some of the concerns. They asked Mr. Evans if he would get a letter from Mr. Shellhouse. 

 

Mr. Harrison stated that he felt there were items missing from the check list.  The Board reminded Mr. Harrison that they had not even gone over the check list for this project. 

 

Mr. Evans requested that the Board table this site plan review until next month so he could bring in his engineer to address the concerns of the neighbors. 

 

Christine Danforth stated she was concerned with the possible polluting of her well.

 

Mr. Woodbury told the residents that the County had a water resource specialist that they could call.  They should call the Environmental Health Department at Chautauqua County.

 

Mr. Harrison asked if the Board could have their engineer review this project and listed other concerns with this project which include lighting, trash and garbage, visual aesthetics and the planting schedule and noise.

 

Mr. Slumsky asked if there would be any change in the current lighting.  Attorney Wright stated that lighting would have been allowed under the old Town code.  Mr. Evans told the Board members that the lights were on timers and go off at 12:00 AM and come back on around 6:00 A.M. 

 

Motion made by Bob Pickett, seconded by Dave Carlberg to table this request for Evans Alfies’ Inc. for additional parking at 986 Fairmount Ave., W.E.,  Jamestown, NY until the September meeting to give Mr. Evans a chance to bring in his engineer to answer concerns.

 

Carried.                 Ayes-5                      Noes-0                   Absent-2

 

Ron Calanni stepped down from the Chair and Dan Evans returned for the remainder of the meeting.

 

Jerry Erickson, P.E., presented a sketch plan for S. Richard Piazza for a change to his site plan that was approved on March 13, 2002.

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PAGE FIVE

Mr. Erickson explained the changes they wanted to make to the site plan and asked the Board if they could treat this as a modification of the original plan without jeopardizing the original approval or getting a building permit. They would like to avoid getting another variance.  The previous site plan was approved under the old code that had been revised in March. 

 

Mr. Erickson stated that the applicant would like to start construction and if the Board  would consider a minor change to the approved site plan they would bring in a new site plan for the new building.

 

Attorney Wright read parts of the code and the Board discussed other options.  The Board decided they would like to look at this as a completely new site plan.  The previous site plan was to be done in stages and the Board had made concessions based on many factors. The changes would open the Board to criticism if they do not go through the complete site plan.

 

Fred LoFaso, Sienna Realty, presented a sketch plan for Montana Mills Bread Co. for the construction of a 2800 square foot store on Fairmount Avenue.  The property is located west of the Aldi’s store.

 

Mr. LoFaso said they understood they would need to go to the Zoning Board of Appeals to get a variance for the set backs. The required set backs were discussed.  The applicant has considered acquiring more land so they could meet the set backs.  The plans show boundary to boundary pavement.  The Board and Mr. LoFaso discussed other options. Mr. Woodbury stated his interpretation of parking lot lines that require 30 foot set backs as opposed to driveways.   Attorney Wright said that the intention of the code was not to have pavement to pavement. 

 

Mr. LoFaso told the Board that underground drainage was not feasible on this site but they had added a detention pond. 

 

The Board suggested that they put in as much green space as possible. Mr. LoFaso will take the Board’s recommendations back to Montana Mills.

 

Jerry Erickson asked the Board and Attorney Wright how the changes would change the Zoning Board’s approval of the variance that had been granted.  Attorney Wright told Mr. Erickson he could take the new plans to the Zoning Board for a modification to their variance. 

 

Motion made by Bob Pickett, seconded by Mike Mogenhan to adjourn the meeting at 9:00P.M.

 

Carried.                  Ayes-5                    Noes-0                   Absent-2

 

 

_____________________

Valerie Pierce, Secretary