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
13, 2006 AT 7:00 P.M.
PRESENT: Chairman Dan Evans, Gary
Swanson, Ron Calanni, Dave Carlberg, Paul Shanahan,
Robert Thomas, Attorney William Wright, Code Enforcement Office Randy
Woodbury
and Secretary Valerie Pierce.
ABSENT: Phyllis Belin
Chairman Evans opened the meeting at 7:00 PM.
Motion made by Dave Carlberg, seconded by Paul
Shanahan to approve the minutes of the July 12, 2006 meeting.
Carried. Ayes 6 Noes 0 Absent 1
Chairman Evans reopened the Public Hearing for Site
Plan Review for Valeo, 2258 Allen St., Jamestown, NY to install a truck dock at
the southwest corner of the facility.
Mr. Todd Anderson, Plant Manager for Valeo, addressed the Board. He said
when he appeared at the July meeting the Board asked him to talk to Bill Rice
from the Jamestown Department of Development to get their comments. Mr. Rice
was to send a letter to the Town but the Town has not received the letter. Mr.
Rice told him Jamestowns biggest concern was the traffic.
Discussion followed on:
1)
the
traffic they do not have as much control on when the deliveries are made as
they do on the outgoing material they can only request certain times - they receive one load a day on average the
closest crosswalk is at the corner
2)
the
safety of having the truck dock on the west end of the plant that uses the
aluminum coil stock to prevent having to take it through the plant
3)
the
drawings that Mr. Anderson provided showing where the dock would be and how
much room they have to back the
trailer to the dock the trailers could be up to 73 feet long
there is no other place to
put the dock that would not interfere with the parking, the
compressors, the utilities
or the entrance to the plant
4)
the
safety concerns - the Board can not allow a situation where people have to go
out and around into the road surface to get around a truck if the Board
approves this project they could impose a condition that no part of the truck
can exceed three feet from the street curb that would allow people to walk by
they might be able to leave the cab jack-knifed Mr. Anderson said any truck
with a normal cab should not be an issue
5)
the
amount of time it would take to unload Mr. Anderson said it could take up to
an hour
6)
if
it would be feasible to separate the cab of the truck while they are unloading
if the cab extended beyond a certain point Rex Tolman told the Board there is
another authority, the manual uniform traffic devices, which sets the design criteria
that is established by the State
7)
a
safety traffic director - Gary Swanson
asked if there could be one while the truck is there even when it is parked
their receiving hours are from 7:00 AM to evening Attorney Wright thought it
would be better to impose a condition that they cannot block the sidewalk
8)
if
the Board could impose a condition that signage be put up Paul Shanahan asked
if a sign such as tractors must stay off curb or dismount trailer up Mr.
Anderson said there is a fee they must pay each time the dismount the tractor
from the trailer and it could leave a potential safety issue that if for some
reason the pod in the front of the trailer collapses the trailer might fall
forward the driver could be asked to put a trailer jack under it they do
not anticipating that a dismount be necessary every time only when the larger
truck come in
Mr. Anderson said they would agree to the condition
that no truck can park so as to prevent at least three foot of pedestrian
walkway from the curb Randy suggested at least four feet because the standard
sidewalks are 4 feet and 5 feet Mr. Anderson said they would agree but he
would need that in writing for Valeo.
Discussion followed on waiving the requirement for a
licensed engineers stamp on the plans. Mr. Anderson said Jim Dunn from
Wellsville was the P.E. that did the original plans for Valeo about seven years
ago.
The Planning Board went through the Site Plan
checklist noting:
1)
the
Board decided they would only need a stamped plan of the portion where they are
adding the truck dock on the basis that there has been previous current review
of the site
2)
there
are no curb cuts
3)
there
is no change in the drainage the Board waived the requirement of a grading
and drainage plan because of the existing parking lot Mr. Anderson said they
have a storm water permit that covers the total facility - Valeos engineer can comment on the plans
that this project will not impact the storm water plan they have
4)
the
plans already show the parking lined and striped the total area is concrete
there is no definite sidewalk
5)
the
utilities do not change
6)
fire
hydrants do not change
7)
there
will be informational traffic signs they will be 2 by 2 signs against the
wall they are exempt signs
8)
no
lighting changes
9)
project
construction schedule as soon as they have approval
10)
there
is NYS requirements for removing the wall since it has asbestos in the paint
and they will have a third party come in to do the monitoring Randy said he
would also monitor that process
11)
when
Valeo is considering this project with their engineer, they should keep in mind
the Planning Board has discussed imposing a four foot setback requirement from
the curb and see if he can build that in on the plans
Mr. Anderson asked the Planning Board to table this
project pending receipt of the additional information.
Chairman Evans reopened the Site Plan Review for
Thomas Shelters, 2553 South Work Street Ext., Falconer, NY to add office space
to the approved storage building and for approval to sell used cars.
Randy told the Board members that he and Gary Swanson had a conversation with Mr. Shelters.
Gary informed the Board that Mr. Shelters was
waiting for his engineer, Jerry Erickson, to recalculate the size of the
pond. The Board approved the site plan
with a bigger pond but Mr. Shelters has built it about half the size. There does not seem to be any problem with
the pond. The neighbor has had no
problems and feels it does improve the drainage.
Randy said the engineer does have to evaluate the
pond. Mr. Shelters knows he cannot make any changes until he catches up with
the current approved site plan. Mr. Shelters told Randy the paving would be
done next week.
Gary said Mr. Shelters has left a space for an
office. Randy said it is space he
cannot use except for storage. It has no water or sewer connections that would
be required for an office. Gary stated that he thinks he is intending to use it
as an office. Mr. Shelters eliminated a
couple of regular storage units and modified it by putting in windows and man doors.
Randy said the footprint of the building is identical and this office space is
in the second phase of buildings not the first.
Mr. Rex Tolman, P.E., told the Board just because
you have a short duration of time that you do not have any drainage problems
the ponds are designed for up to a hundred year storm. Attorney Wright said not only that but the
drainage was originally designed to have pavement because it was a requirement.
They have not had that pavement so it might have not needed as much detention
because of the gravel instead of the pavement.
Attorney Wright said the modified plan was not
approved so Mr. Shelters cannot use the space for office space. This project stays on the table.
Dave Carlberg asked how a pond can be re-engineered
if it has already been approved. The
Board members were in agreement that should not be allowed. Attorney Wright
said this becomes an enforcement issue because Mr. Shelters is not compliant.
Randy said the offer to have the drainage re-studied should have been done
immediately and now Mr. Shelters has to comply with approved plan.
Chairman Evans opened the Public Hearing for the
Site Plan Review for Falconer Enterprises LLC for phase II of their site plan
approved August 2005 to include a showroom and offices for Harley Davidson of Jamestown at
1951 East Main Street Ext., Falconer, NY.
Brian Reid and Kevin Reid presented plans for Phase II
of the site plan. Randy advised them to come before the Board because things
have taken longer than originally planned.
They provided renderings and a site plan that shows the actual building
for phase II.
Randy told the Board this project was brought in
with as much detail as possible from the beginning. They did not know which way
the Health Department would go but that issue will be addressed with the
building permit
Brian Reid reviewed with the Board:
1)
the
driveways are finished and the service building is finished
2)
the
second phase building footprint has now been determined - they had elevations
and renderings to show the Board
3)
it
was his understanding the septic was the only thing that was not done
4)
the
one house was completely demolished and several of the smaller buildings were
gone - the one house is still there and one shed - those buildings will be
eliminated as soon as they move ahead with the building for the second phase
5)
since
the second phase building dimensions were not determined the building is
smaller - it was only on the original
plans as a rectangular box
6)
the
storm water should not be affected -
the proposed concrete and pavement stayed the same
7)
he
explained the ingress and egress
8)
they
had wanted to get driveway access across from I-86 but it was too costly- they
decided to keep the existing driveways - NYS DOT has approved the plans
9)
they
have tried to get focal points from coming from Falconer and Kennedy as well as
coming off I-86
10)
the
building is set back further it is slightly narrower and slightly shorter
it is 80 by 180 instead of 100 by 200
11)
the
location of the building is the same
12)
internally
they were required by Hartley Davidson to have a certain number of square
footage they went with a two story structure the engineer expanded the
upstairs mezzanine to keep the square footage the same
13)
the
smaller building gives them some real estate to put the septic
Rex Tolman, P.E., explained they are just in the process of
designing the utilities. They plan to do a directional boar under Route
394. The 12-inch water main is on the
opposite side of the road. They look into the Jamestown system for the sewer
but it was too expensive. The County
Health Department is on Board for the septic. Mr. Tolman said the soil is good
gravel soil. They are putting in an oil
or grease separator for the wash rack and floor drains. They are in the process of designing that
with the Health Department. They should have the utilities designed within a
couple months.
Randy suggested a new fire hydrant because they have
a 500-foot hose requirement from a hydrant and if water is available you have
to have a hydrant.
Randy thought the applicant was going to bring in
the approved site plans but they did not have it. Mr. Tolman said they did have a new survey done by Dan Berry.
The Town does not have a site plan with the changes. Brian Reid stated that
what was built was built according to plan. It is only the building on the
second phase that will be smaller and does show on the plans presented.
Paul Shanahan asked if the only thing still not
completed that was approved for phase I is the removal the buildings and Mr.
Reid stated that was correct.
Kevin Reid went to get the approved site plans at
their office.
Kevin Petru, Development Manager for Starbucks
Coffee Company and Paul Potter, P.E., requested a sketch plan review for the new Starbucks
on Fairmount Avenue, Jamestown, NY.
Mr. Petru told the Board they are proposing a new
Starbucks coffee retail store at 944-956 Fairmount Ave., W.E., Jamestown, NY
between Wicks Avenue and Green Street.
The Board reviewed the project with Mr. Petru and
Mr. Potter and discussed:
1)
the
land is currently undeveloped - it is approximately 38,000 SF with about 200
feet of frontage and 150 feet of depth on the Wicks side and deeper on the
Green Street side - they will develop approximately 2/3 of the property the
store will be 1750 SF with 28 inside seats and parking for 22 cars
2)
they
will have a drive thru window
3)
the
ingress and egress - there is no access onto Route 394 nor access onto Wicks
Avenue all access will be off Green Street
4)
the
required variances needed from the Zoning Board they are at this meeting only so the Planning Board can take a
look at it the Zoning Board had not seen this plan
5)
the
retaining wall
6)
the
drainage Mr. Potter did not think they needed storm water calculations
because it was less than ½ acre of impervious area Randy told them the Town
code is 0 net regardless of acres they can put in larger pipes and control
the output no drainage goes to Green Street everything will slope to the
back of the property
7)
the
photo metrics are still being prepared
8)
utilities
Mr. Potter did speak to the South and Center Sewer District about the sewer
9)
signs
there will be directional signs and they will need variances from the Zoning
Board for some signs they will appear before the Zoning Board on September
25, 2006
10)
landscaping
is not on the plans yet but will be ready for the October meeting
11)
the
outdoor storage will be fenced
12)
the
fire hydrants are existing
Mr. Petru requested the Board have a special meeting
before the October 11 meeting. Dan told them if they could get their plans in
before the meeting the Board would certainly like time to look the plans over
before the meeting. Attorney Wright
said since they have to go before the Zoning Board meeting on September 25th
they would have to finalize their plans and get them to the Town 10 days
prior to the meeting so the Town can publish a notice and notify the neighbors.
They would only gain four days. Mr. Petru said they would appear on October 11th.
The Board continued with the Site Plan for Falconer
Enterprises, LLC. Mr. Reid provided a copy of the approved site plan and the
Board noted:
1)
the
plans received tonight had changes for Phase II of site plan the driveways
will change and the new building will change everything done for Phase I was
as approved on the original site plan
2)
the
drainage was designed and approved for both Phase I and Phase II
3)
the
Board would like one final plan for the modified site plan to include the 28
points of the site plan
4)
Mr.
Reid said they tabled the groundbreaking until spring because of the delays
5)
the
Health Department approved the temporary use of the current septic system
6)
the
new building needs a variance from the Zoning Board of Appeals because it is
over two stories (Section 146-36 B of the code) Mr. Reid said they will apply
for a variance
Gary Swanson took over as Acting Chairman.
Mr. Swanson opened the Public Hearing for the Site
Plan Review for Dan Evans for a patio and landscaping on the southwest corner
of the existing building at 986 Fairmount Ave., W.E., Jamestown, NY.
Dan Evans provided three sets of plans for this project.
The Board reviewed the plans noting:
1)
the
County Planning Board had reviewed these plans and the Town had received a
letter from the County
2)
Mr.
Evans has applied for a variance for the setbacks for the staircase and to
square off the structure Attorney Wright explained the code requires a
building to be set back 50 feet from the front property line and it will be
only 36 8 - the side property line it is required to be 20 feet and it will
be only 10 4 Mr. Evans did not have County approval for the September 11,
2006 meeting so the Zoning Board could not take any action on the variances
3)
Mr.
Evans submitted pictures to show the reasons they are trying to beautify the
area
4)
they
would enclose the coolers and the other space will be used for dry storage
5)
they
are also doing inside renovations
6)
they
will have an exit door for a fire exit
7)
there
will be a security light at that door
there will be no other additional lighting
8)
there
will be no other outdoor storage
9)
they
will reconstruct the awing the way it was
10)
this
would be decorative patio not an active use patio just for beautification
11)
the
concrete pad already exist but they would replace it with new concrete
12)
Dan
Berry did the survey submitted
Discussion followed on if this would be considered a
structure. Attorney Wright said that he thought this would be considered a
structure that would also need a variance.
Mr. Evans did not consider a concrete pad or a stamped concrete patio a
structure.
Attorney Wright said the Board had an issue with
Wegmans patio. They were building a
structure or it would not have triggered site plan. Mr. Woodbury stated he did
not bring Wegmans in because it was a structure but because it was a significant
use variation on the property that was not on the original site plan.
If the Board determines this is a modification to
the site plan, it does it contingent on the determination of the Zoning Board
on the porch and the building setback.
The Board could waive the topals as long as they have a site plan that
shows the topals.
Gary Swanson asked if Dan would consider just
landscaping the area. Mr. Evans did not
want to ask for any more variances from the Zoning Board. He would build the
building in the same dimensions. He could keep his sign and put in a dry
storage and keep everything existing as it is. Mr. Evans said he is trying to
beautify the corner and without the patio it will not help him. He thinks the patio is key ambience. He did
have a patio before that was a structure because it had a footer, columns and
walkways.
The definition of a structure exempts driveways and
walkways that are attached. Paul Shanahan said he asked if the difference would
be using or not using it as a patio. Dan said he would put tables out there for
ambience. Dave Carlberg asked what the size of a walkway is and if this could
be considered a walkway. Mr. Woodbury
stated it is usually 4 to 5 but can be wider. A walkway connects something to
something else. Paul stated there are two doors.
Mr. Woodbury stated he did not bring Wegmans in
because of the structure. He brought it
in because it was a significant use variation on the property that was not on
the site plan.
Mr. Woodbury asked if Dan would consider downsizing
it to the size of the awning. It could be considered a walkway between the two
doors if it were to follow the outline of the awning. Mr. Evans said he would agree to have the concrete follow the
outline of the awning and eliminate a section of the sidewalk. He would
landscape the other area. Attorney Wright said he can narrow it down but needs
to have a way to the main sidewalk because of the fire code.
Mr. Woodbury made the determination that if the
concrete goes westerly no further then the nine-foot awnings he would define it
as a covered walkway. Mr. Woodbury marked a four-foot minimum for the
connection. He marked the area under
the awing 9 feet and added the landscaping area. Mr. Evans agreed with the
changes.
The Board continued with the site plan checklist
noting:
1)
the
Board waived drainage plans on the basis that it is a minimal affected area and
a letter received from Ralph Wilson, P.E., stating the renovations and yard
work shown on drawings dated 9/9/06 would not alter the existing storm water
drainage
2) it would be sided to match the existing building
2)
the
fire hydrants are on the other side of Johnnys Lunch and Monroe Muffler
3)
no
change in utilities - they will have
electric into the dry storage area
4)
they
would remove two signs
5)
landscaping
is shown on the plans low shrubs
6)
there
would be an emergency light only
7)
this
would be storage area no more retail
8)
they
would like to start next month he would need the variance approval he could
begin
9)
the
Town received the letter from the County Planning Board
The Board did not have any other concerns. Attorney
Wright stated the approval would have to be contingent on the area variances
being approved by the Zoning Board. Mr.
Woodbury was asked to draw equally on the two other sets of plans.
Mr. Wright also determined this project is exempt as
a Type II action under NYCRR 617.5 (7) as the construction of an accessory
nonresidential structure of less then 4000 SF grossed floor area not involving
any change in zoning.
Motion made by Paul Shanahan, seconded by Ron
Calanni to approve the site plan for Dan Evans, 986 Fairmount Ave., W.E.,
Jamestown, NY for a landscaping and a walkway on the southwest corner of the
existing building contingent on:
1)
the approval of the variance from the Zoning Board
2)
the changes made by the Mr. Woodbury, Code Enforcement Officer,
regarding the walkway
Carried. Ayes 5 Noes 0
Abstain 1 (Evans) Absent
- 1
Motion made by Dave Carlberg, seconded by Ron Calanni
to adjourn the meeting at 10:05 PM.
Carried. Ayes 6 Noes 0 Absent 1
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