MINUTES OF THE REGULAR MEETING OF THE TOWN OF ELLICOTT PLANNING BOARD HELD AT THE ADMINISTRATION BUILDING, 215 SOUTH WORK ST., FALCONER, NY ON SEPTEMBER 14, 2005 AT 7:00 P.M.

PRESENT: Chairman Dan Evans, Gary Swanson, Dave Carlberg, Phyllis Belin, Paul

Shanahan, Attorney William Wright, Code Enforcement Officer Randy

Woodbury and Secretary Valerie Pierce.

ABSENT: Mike Mogenhan and Ron Calanni

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

Motion made by Gary Swanson, seconded by Phyllis Belin to approve the minutes of the August 10, 2005 meeting.

Carried. Ayes-5 Noes-0 Absent-2

Chairman Evans said Nicholas Ferreri (Tanglewood Manor) has requested the site plan for the senior housing and the day care be tabled.

Mr. Woodbury said that B & L Realty had called just prior to the meeting and it appears they do not want to put in the fuel storage tank at 2887 Strunk Rd., Jamestown, NY. Randy said their architect looked over the plans and could not meet setbacks and had other issues so at this time corporate in Rochester does not want to put the fuel tank in. Randy asked for their decision in writing.

Motion made by Phyllis Belin, seconded by Dave Carlberg to table these three site plans until next month.

Carried. Ayes-5 Noes-0 Absent-2

Attorney Lucian L. Lodestro presented a sketch plan for vacant land owned by Falconer Realty located on East Main Street Extension, Falconer, NY for consideration for a reverse sub-division.

The Board reviewed the tax map with Mr. Lodestro. He told the Board back in 1983 they thought this was all taken care of, however, a small triangular piece shown on the map extends over to lot 13-2-18.2.1. Now they are selling both lots and are asking for a reverse sub-division to include the little triangular piece with lot 13-2-17.1 and take it away from 13-2-18.2.1.

Attorney Lodestro told the Board that Falconer Realty has sold both lots to Dahan Laxmi LLC that is owned by the Patals who are buying properties for hotels.

Randy Woodbury told the Board the Town does not assign tax map numbers because the tax map office automatically assigns the parcel numbers. He also told the Board members back in 1983 when the zoning was done for the mercantile zone it was not filed correctly but has been corrected.

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Attorney Wright explained from the legal prospective the Planning Board is looking at whether or not they would require any process and if the Town considers this a sub-division.

Mr. Lodestro said they are requesting to take the triangle away from lot 13-2-18.2.1 and incorporate it into lot 13-2-17.1. Attorney Wright agreed with Randy that is something done by the tax map department and the Planning Board would not require process in splitting the triangle off of lot 13-2-18.2.1.

Randy said that back in 1983 when the sub-division was filed there were requirements and the composite perimeter of the lot and the triangular piece has existed since 1983. Attorney Wright asked Attorney Van Every if a sub-division plan was filed when all of the lots were broken up and Mr. Van Every said that he did not think that it was.

Attorney Robert Van Every, representing the buyers, told the Board on the RP 5217 form they ask if there is sub-division authority in the law and if it has been before the Planning Board. He wants to be able to say they have been before the Board. Attorney Wright asked Mr. Van Every if he was looking for an indication that the Planning Board does not see a need to be involved in this. Mr. Van Every said he would like a vote of the Planning Board that they do not feel this is a sub-division by conveying the small triangular piece with one lot instead of the other and is not a sub-division of land that the Planning Board need to exercise jurisdiction over. If they come back in one year or five years from now and want to develop that property they do not have to start again for sub-division and could move ahead on terms of the development.

Attorney Wright told the Board he would research this and they could continue with the next sketch plan.

Marc Turner of Turner Property Maintenance, owner of C P Plastics, presented a sketch for an addition to his current building at 1890 Lyndon Blvd., Falconer, NY.

Mr. Turner presented a sketch of the building and proposed addition to the Board members. He explained in 1997 they put up an 80’ by 100’ steel building and had planned for this addition at the time that Lyndon Boulevard was being paved. The addition will be 60’ by 150’ with a possible truck dock going out either onto Delaware or Lyndon Boulevard. They might need a variance because the building will come right up to the right-of-way line on Lyndon Boulevard. This property is zoned Industrial so it requires a 10 foot property line setbacks and would require an area variance from the Zoning Board of Appeals.

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Mr. Turner could possibly use the site plan they used in 1997 and modify those plans. The only issue that Attorney Wright could identify so far is the setback variance required from the Zoning Board. That would be an immediate filing to get this project going and because the Zoning Board is required to grant the minimum variance necessary Mr. Wright suggested Mr. Turner look for the minimum variance. Chairman Evans told Mr. Turner this Board would look at the truck traffic, safety issues and lighting. Mr. Turner said he would file for the variance and site plan review.

Attorney Wright reviewed the sub-division portion of the Town of Ellicott code. In the definitional section it states a sub-division does include the division of any parcel of land into two or more lots, however, there is no requirement for any process in front of the Planning Board unless the sub-division is what is called a minor sub-division under the code, which would be the sub-division of land into four or more lots. There is a major sub-division that is above that. It is his determination this Board does not need to review the property owned by Falconer Realty as a sub-division.

Motion made by Paul Shanahan, seconded by Gary Swanson that the Planning Board does not need to review the property owned by Falconer Realty Corporation at East Man Street Extension, Falconer, NY shown on the Town of Ellicott tax maps as Section 13 Block 2 Lots 17.1 and 18.2.1 as a sub-division.

Carried. Ayes-5 Noes-0 Absent-2

Attorney Lodestro and Attorney Van Every asked for a copy of the minutes. Attorney Wright explained that an official copy of the minutes is not available until the Board passes the minutes the next month but they could get a copy of the unapproved minutes. Mr. Lodestro asked if they could get a letter from the Town stating this action was taken. A letter will be sent to both attorneys.

William Ohnmeiss presented a sketch plan for a sub-division for himself and his partner Robert Blanchard for property at 2378 Horton Rd., Jamestown, NY.

Mr. Ohnmeiss provided a sketch that showed the sub-division into six parcels and said they want to clean up this parcel that is all wooded and now has one owner. He just wanted to know the process and if could be done.

Attorney Wright told Mr. Ohnmeiss there is very little chance it cannot be done but explained this would fall into the category of a major sub-division. It is six or more lots and there is a procedure for the approval from the Planning Board. There are a lot of steps but because every one of the lots fronts onto a Town road there would be no roads involved and several items could be waived.

The sub-division would require process with the creation of maps, legal descriptions of parcels and the marking of the properties, a public hearing and SEQR requirements. Mr. Wright suggested PLANNING BOARD

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Mr. Ohnmeiss should go through Section 130 of the code that will explain they would need to do.

Randy Woodbury explained that Supervisor Tyler would be requesting this Board look at the issue of political election signs. There has been recent Federal court action that causes a need for change in the code.

Dan Evans asked if he was talking about time limits on the signs. Attorney Wright said the issue now is that the Town has a provision in the code that basically allows political signs as an unregulated sign similar to real estate signs. The political signs have size limitations and are exempt from the larger sign requirements. The only limitations on the little signs is they have to be on private property not public property, they have be under 3’ by 3’ and could not be up more than 30 days before the election and 7 days after. Mr. Wright said he understands that the safety issues are being upheld but the time limits are not being upheld if the community does not have provisions for time limits on real estate signs. The courts have come in to say it is a limitation on free speech and is probably an equal protection issue because you are treating political signs differently than other signs. Attorney Wright suggested they could put time limits on all of the signs or put in a fee structure that every sign requires a permit.

Mr. Woodbury said he has got some feed back from Neil Robinson who thinks it would be good if all the Towns would get together and should take a uniformed look for all of Chautauqua County. It would be good if all the Towns had the same regulations and those regulations were “bullet proof” to challenge and enforceable. Randy will not pull signs off private property but will remove signs on the right-of-ways that are unsafe.

Paul Shanahan noted that the code calls for time limitations. If you are not in the primary you are not currently in an election. Randy said regulations have to be content neutral so he cannot take notice of what the sign says because that would be judging content. Attorney Wright said as soon as he distinguishes on the basis of “your not in an election” that would be noting content.

Attorney Wright said it would be a good idea for the Towns countywide address this issue. Mr. Wright asked about the off premises signs. Randy said in looking at the political sign issue he found things on commercial versus non-commercial signs and he feels pretty comfortable with our regulations.

Motion made by Gary Swanson, seconded by Paul Shanahan to adjourn the meeting at 7:52 PM.

Carried. Ayes-5 Noes-0 Absent-2

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Valerie Pierce, Secretary