MINUTES OF THE REGULAR MEETING OF THE TOWN OF ELLICOTT

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 SEPTEMBER 11, 2002 AT 7:00 P.M.

PRESENT: Chairman Dan Evans, Ron Calanni, Becky Goodell, Bob Pickett, David

Carlberg, and Attorney William Wright

ABSENT: Gary Swanson and Mike Mogenhan.

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

Motion made by Ron Calanni, seconded by Bob Pickett to approve the minutes of the August 14, 2002 meeting.

Carried. Ayes-5 Noes-0 Absent-2

Attorney Wright stated that the Board members had addressed a list of items for the Patric-Aversa sub-division on West Oak Hill Road, Jamestown, NY at the last meeting and had accepted the final plat plan. The Board had asked Mike Puffpaff to provide a findings statement and negative declaration.

The Board members reviewed the findings statement and Attorney Wright recommended that Chairman Evans seek a motion to adopt the findings statement.

Motion made by Bob Pickett, seconded by Dave Carlberg to adopt the findings statement that had been prepared by Mr. Puffpaff.

Carried. Ayes-5 Noes-0 Absent-2

Motion made by Becky Goodell, seconded by Bob Pickett authorizing Chairman Evans to sign the environmental form and check the box that the Board has determined there will be no significant environmental impacts as a result of this proposed project and therefore a negative declaration will be prepared.

Carried. Ayes-5 Noes-0 Absent-2

Motion made by Dave Carlberg, seconded by Bob Pickett to approve the final sub-division for Todd Patric and Gene Aversa on West Oak Hill Road, Jamestown, NY and authorize Chairman Evans to sign and date three copies of the plans.

Carried. Ayes-5 Noes-0 Absent-2

PLANNING BOARD

SEPTEMBER 11, 2002

PAGE TWO

Randy Woodbury informed the Board members that he had not had any response from Dr. Lisciandro’s contractor. Attorney Wright suggested that the Board deny the application to remove it from the agenda.

Motion made by Ron Calanni, seconded by Dave Carlberg to deny this application for Dr. Lisciandro, 816 Fairmount Ave., W.E., Jamestown, NY and remove it from the agenda since the applicant has not appeared.

Carried. Ayes-5 Noes-0 Absent-2

Dan Evans excused himself from the Chair and Ron Calanni took over for the Board.

Attorney Wright reviewed the project for Evans Alfie’s for additional parking at 986 Fairmount Ave., W.E., Jamestown, NY. He stated that at the last meeting Mr. Evans told the Board he would bring Rex Tolman, engineer for the project and would get a letter from Mr. Shellhouse concerning the drainage.

Mr. Tolman explained the drainage and ditch to the neighbors. Mr. Tolman stated that the storm water analysis that was provided for this project was correct but there was an error on the drawings. The revised plans were presented.

Mr. Tim Morrison, 50 Babcock Ave., W.E., Jamestown, NY, stated he had talked to both Mr. Tolman and Mr. Shellhouse concerning the drainage.

Mr. Tolman told the Board that Mr. Shellhouse is aware of the problem and is in the process of addressing it. The problem is not connected to this project.

Gary Swanson entered the meeting at 7:22 P.M.

Mr. Wright asked Mr, Evans about the lighting on the new parking lot. Mr. Evans stated that the lighting would be put in at the same time the parking lot was being done.

Barbara Slumsky, 34 Babcock Ave., W.E., Jamestown, NY told the Board that she had concerns with the existing lighting.

Edward Slumsky, 34 Babcock Ave., W.E., Jamestown, NY told the Board that the existing lighting shines right into their home. He suggested that the light be aimed differently.

Discussion followed on the existing and new lighting. Mr. Evans said he thought he might be able to change the angle of the light. He stated the lights were on timers.

PLANNING BOARD

SEPTEMBER 11, 2002

PAGE THREE

Mr. Woodbury stated that this was not an issue for this site plan. He suggested that Mr. Evans, the neighbors and he could resolve this issue.

Attorney Wright stated this project was subject to SEQRA review.

The Board reviewed the EAF form provided. Mr. Wright said that this action does not exceed any Type I thresholds in NYCRR 617.4 and that it would not receive any coordinated review. The Board noted that there were drainage issues that had been adequately addressed and that complete storm water calculations had been provided. They also noted that all the property affected by this project is on a mercantile zone.

Motion made by Bob Pickett, seconded by Dave Carlberg to authorize Ron Calanni to sign the EAF on behalf of the Planning Board and check the box stating there would be no adverse environmental impacts as a result of this proposed project.

Carried. Ayes-5 Noes-0 Absent-1 Abstained-1 (Evans)

Motion made by Dave Carlberg, seconded by Becky Goodell to approve the site plans for Evans Alfies’s Inc. for additional parking at 986 Fairmount Ave., W.E., Jamestown, NY.

Carried. Ayes-5 Noes-0 Absent-1 Abstained-1 (Evans)

Attorney Wright told the Board that Montana Mills Bread Co. had been in to the Zoning Board of Appeals on September 9, 2002 for a variance approval. They had asked the ZBA for four variances. The plans that the applicant presented were different than the ones the Planning Board had seen at the August meeting. The Zoning Board denied the variances.

Motion made by Bob Pickett, seconded by Ron Calanni to table the site plan for Montana Mills Bread Co.

Carried. Ayes-6 Noes-0 Absent-1

Mr. Woodbury asked that the Board make a determination on if he should ask James Sirianno who is using some of his property on Buffalo Street Ext., Jamestown, NY for a dirt bike track .

Attorney Wright stated this is not an issue for the Planning Board. This would be a Zoning Board determination and also an enforcement issue. It would have to be determined if dirt bike activity would be considered an accessory use to a residential structure in an Ag-Residential zone. It would also have to be determined if there is not a residence on the property it could be considered an accessory use. Attorney Wright suggested that Mr. Woodbury makes sure the Town does not let it become a commercial use.

PLANNING BOARD

SEPTEMBER 11, 2002

PAGE FOUR

Mr. Woodbury asked the Board to hear S. Richard Piazza and Mr. Jerry Erickson concerning a change in a site plan approval granted in March of 2002 for a carpet store at 878 Fairmount Ave. W.E., Jamestown, NY. Mr. Woodbury told the Board that he asked applicants to appear for any changes in site plans so the Planning Board can determine if they need a new site plan.

Mr. Erickson reviewed the changes for the Board members. He told the Board the applicant had appeared before the Zoning Board on Monday, September 9, 2002. The ZBA had decided that since the variance that had been granted would now be less than what they had originally asked for they did not need to appear for a new variance.

After discussion the Planning Board decided they could not waive site plan review for the changes and would require a new site plan review.

Mr. Piazza stated he did not realize Mr. Erickson’s changes had made the area for loading and unloading so tight. Changes would require a new variance. Mr. Clark Johnson asked the Board what Mr. Piazza’s options were and was told because of the considerable changes he could use the old site plan that had been approved or could apply for a new site plan review. He would be able to start site work under the old site plan approval. Mr. Piazza asked for some time to confer with Mr. Erickson and Mr. Clark Johnson from Kessel Construction.

Mr. Piazza was undecided and said he would decide if he would apply for another variance and than apply for a new site plan review for next month’s meeting.

Motion made by Bob Pickett, seconded by Ron Calanni to adjourn the meeting at 8:37 P.M.

Carried. Ayes-6 Noes-0 Absent-1

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Valerie Pierce, Secretary