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
12, 2001 AT 7:00 P.M.
PRESENT:
Chairman Dan Evans, Ron Calanni, Gary Swanson, Bob Pickett, David
Carlberg, and Attorney William Wright
ABSENT:
Becky Goodell, Patrick McLaughlin and Code Enforcement Officer Randy
Woodbury.
Chairman Evans called the meeting
to order at 7:08 P.M.
Cathy Bardenstein, Attorney for SBA Properties, Inc.
addressed the Board on the continuation of the site plan for the
telecommunications tower on Eckman Road.
Chairman Evans had questions on
the lease agreement concerning the removal of the tower at the end of the
lease. He asked if they provided a Bond
for the removal in case of abandonment of the tower or in case of a structural
hazard.
Ms Bardenstein said they have
done that in the past and would have no problem doing so. Discussion followed on the bond and what the
amount of the bond should be. Gary Swanson provided the Board with a copy of
the local law for the Town of Kiantone pertaining to telecommunications towers
in their Town. Ms. Bardenstein
suggested that the applicant could get an estimate of the cost for the removal
and that could be updated every three years.
She would have the estimate reviewed by Mr. Woodbury.
Chairman Evans stated the other
issues besides the bond addressed at the last meeting were:
1) the proof
of insurance
2) access
provided for the Town of Ellicott code enforcement officer
3) the gate
on the access road
The Planning Board had reviewed
the environmental form at the last meeting but had not made a determination of
significance. Attorney Wright had reviewed Part I and II of the EAF.
Motion made by Gary Swanson, seconded by Bob Pickett
making a declaration this proposed project would not have an adverse
environmental impact and have Dan Evans sign as Chairman of the Planning Board.
Carried.
Ayes-5 Noes-0 Absent-2
Motion made by Gary Swanson, seconded by Dave
Carlberg to approve the site plan for SBA Properties, Inc. and Horizon Personal
Communications, Inc. for the construction of a 150 foot telecommunications
tower, antenna array and equipment platform within a fenced compound on
property owned by Ronald McKillip, at 3108 Eckman Rd., Jamestown, NY.
PLANNING BOARD
SEPTEMBER 12, 2001
PAGE TWO
Carried. Ayes-5 Noes-0 Absent-2
Rodney Drake, Habiterra Associaties, and Timothy and
Thomas Galbato presented site plans for a proposed 38-space parking lot on
Fairmount Avenue next to Brigiotta’s Farmland.
Mr. Drake told the Board they had
been before the Zoning Board of Appeals and been granted a variance to use this
as business parking.
Mr. Drake reviewed the plans with
the Board members and stated the parking lot is for employee parking only. He
said they would be filling and that they are disturbing less than 1/10 of an
acre of wetlands. There will be a 3-foot berm with 10-foot trees. He told the Board that they have tried to
address all of the neighbors concerns.
Discussion followed on:
1) the
lighting – existing
2) paving of
the parking lot – applicant would like some time before paving
3) sound
buffers- trees will help
4) drainage
with control pressure catch basin –
calculations need to be provided by Rex Tolman
5) planting
of trees – when will depend when large trees can be planted – may wait till
spring
6) neighbors
concerns have been addressed
Melissa Cowen, Butts Ave., W.E., Jamestown, NY asked how
far from Butts Avenue the trees would be.
Allen Hendrickson, Town Councilman, stated
that Mr. Hasson, the closest neighbor, had input into the project and had
approved the plans at the Zoning Board meeting.
Elizabeth Dunker, 443 Fairmount Ave., W.E.,
Jamestown, NY, asked when the berm would be completed. Mr. Drake told her
that would be done this fall but explained the trees might be planted next
spring. She also wanted to know if the
new access to the truck loading dock would eliminate the stopping of truck
traffic on Fairmount Ave. Mr. Galbato said it would help but not eliminate it.
The Board members went through
the site plan checklist noting:
1) applicant
needs to provide the calculations for the drainage from Rex Tolman
2) the
surface will be paved but after it settles
3) no new
signs
4) planting
schedule was provided
5) lights
are directional – no lights in the new parking area
PLANNING BOARD
SEPTEMBER 12, 2001
PAGE THREE
The Board reviewed the short form
EAF provided. Attorney Wright stated
this proposed project does not exceed any Type 1 threshold in 6NYCRR, Part
617.4 and will not receive coordinated review.
In their review the Board members
noted there would be improvements in the ground water quality and an
improvement in the traffic patterns.
The applicant received a variance from the Town of Ellicott Zoning
Board.
Motion made by Ron Calanni, seconded by Bob Pickett
making the determination that this proposed project would not have an adverse
environmental impact and have Dan Evans sign as Chairman of the Planning Board.
Carried. Ayes-5 Noes-0 Absent-2
Motion made by Ron Calanni, seconded by Bob Pickett
to approve the site plan for Brigiotta’s Farmland for a 38-space parking lot
for employee parking contingent on:
1)
the
receipt of the drainage calculations from Rex Tolman by the Town of Ellicott.
Carried. Ayes-5 Noes-0 Absent-2
A request was received from Thomas Shelters to table
his site plan for the clearing and leveling of property on South Work Street
Ext. for a business site until the October meeting. His plans were not complete.
Some of Mr. Shelter’s neighbors
were present at the meeting and were informed they would not be notified
again. They should phone the Town
Clerk’s Office the day of the meeting to see if Mr. Shelters would be appearing.
Motion made by Dave Carlberg, seconded by Bob
Pickett to table this site plan until the October meeting.
Carried. Ayes-5 Noes-0 Absent-2
The next item on the agenda was the modifications to
the site plan for Bethel Baptist Church, 200 Hunt Rd., Jamestown, NY for the
construction of a playground.
No one was present to represent the Church. Several
neighbors were present and voiced complaints concerning the site plan that had
already been approved.
PLANNING BOARD
SEPTEMBER 12, 2001
PAGE FOUR
James Hall, 9 Westbury Court, W.E., Jamestown, NY showed
photos that he had taken of the ditch and the dumping going on at the site. He had many concerns that the original site
plan had not been followed and concerns about the environmental review that had
been filed with the site plan.
Gary Swanson stated that Mr.
Woodbury had told the Board members at the last meeting that the ditch was
being maintained and that the logs were being keep.
Luann Kanavy, 7 Westbury Ct., W.E., Jamestown, NY had
concerns about what the Church was doing.
Kirk Charles, 1 Westbury Ct., W.E., Jamestown, NY also
voiced concerns on this project.
Rue and Patricia Button, 227 Hunt Rd., W.E.,
Jamestown, NY had concerns on the dumping and what the Church had not
done.
Dennis Franklin, 11 Westbury Ct., W.E., Jamestown,
NY stated they have had to keep coming to the Town concerning this project
because of the filling and the problems with drainage. He does not feel there
is stability to what they are filling. He stated they are dumping late at night
and he did not think the Church could be keeping a log if there was no one at
the Church while the dumping was going on. He was upset with the Church
community because he felt that they were ignoring the neighbors concerns.
Mr. Hall quoted the minutes of
the June 13th meeting of the Planning Board. He stated the Planning Board had granted a
six-month extension to the Church site plan contingent that they have a new
survey done and provide it to the code enforcement officer. He wanted to know
if that had been done. Mr. Woodbury was not present and it would have to be
checked out with Mr. Woodbury.
Todd Boardman entered the
meeting representing Bethel Baptist Church.
He was unaware of these problems. He had
come for the modifications for the new playground. He stated that the new survey had been done by Dan Barry and
provided to Mr. Woodbury.
Lengthy discussion followed
between the Board, neighbors and Mr. Boardman.
The discussion was on what the approvals were for and what the Church
had actually done. Mr. Boardman said
that he had not been involved and could not answer for the Church. David Emmott
had been in charge of the site plan.
Town Councilman Allen
Hendrickson asked the Board if they could reverse their extension of
the site plan. Chairman Evans said they
needed proof the Church did or did not comply with the contingency the Board
had put on the extension. They would have to discuss it with the code enforcement
officer.
PLANNING BOARD
SEPTEMBER 12, 2001
PAGE FIVE
The Board decided that they could
not act on the playground until these issues were addressed. The Board cannot
enforce or put a stop order on any project. Mr. Woodbury has the enforcement
power. Attorney Wright stated he
would talk to Mr. Woodbury as soon as possible. Mr. Wright said both the Church
representative and neighbors should appear at the next meeting.
Mr. Boardman stated he would see
if he could put up “No Dumping” signs and stop any additional dumping until
these issues are addressed. They will be moving the fill already there.
Motion made by Gary
Swanson, seconded by Bob Pickett to table the modifications for the Bethel
Baptist Church until the October meeting and the issue of the site plan
extension could be resolved.
Carried. Ayes-5 Noes-0 Absent-2
Attorney Wright explained
to the Board members his reasons to have Armand Cerrone come before them for
modifications to the site plan for the State Police barracks on North Main
Street Extension.
They want to add a storage shed
on the property and Mr. Wright felt that because this site plan had just been
approved and there were other issues with the site they should file an
application and get approval for a modification to the original site plan. The Board agreed that they should approve a
modification to the site plan.
Discussion followed on the
procedure. There should be time limits on modifications to the site plans. The Town will have to address this issue in
the future.
The Board went through the site
plan checklist and Attorney Wright stated this proposed modification was exempt
from SEQRA as an accessory building less than 4000 square feet.
Motion made by Bob
Pickett, seconded by Dave Carlberg to approve the site plan modification to the
State Police barracks on North Main Street Extension for a storage shed.
Carried. Ayes-5 Noes-0 Absent-2
Motion made by Ron
Calanni, seconded by Dave Carlberg to approve the minutes of the August 8, 2001
meeting.
Carried. Ayes-5 Noes-0 Absent-2
PLANNING BOARD
SEPTEMBER 12, 2001
PAGE SIX
Motion made by Gary
Swanson, seconded by Dave Carlberg to adjourn the meeting at 9:05 PM.
Carried. Ayes-5 Noes-0 Absent-2
_______________________________________________
Valerie Pierce, Secretary