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 OCTOBER
11, 2006 AT 7:00 P.M.
PRESENT: Chairman Dan Evans, Gary
Swanson, Ron Calanni, Dave Carlberg, Phyllis Belin, Paul
Shanahan, Robert Thomas, Attorney William Wright, Code Enforcement
Office Randy
Woodbury and Secretary Valerie Pierce.
ABSENT: Gary Swanson
Chairman Evans opened the meeting at 7:00 PM.
Motion made by Dave Carlberg, seconded by Paul
Shanahan to approve the minutes of September 13, 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.
Paul Potter, engineer, and Dan Kling, Engineering
Manager, for Valeo, were presented. Mr. Potter reviewed the site
plan and the items that were addressed at the last meeting.
1)
the
storm water is not an issue; there is same amount of impervious area as prior
to when it is developed.
2)
there
are no lighting changes
3)
the
tractor trailers were an issue if the trucks were 76 feet the Board discussed
unloading them so they would not be in the road
Dan Evans listed the issues from the last meeting
that were required for this site plan:
1)
the
County Planning Board review the Town received a letter from the County
2)
the
length of the tractor trailers
3)
an
engineer stamp was needed on the plans
Paul Shanahan said he had a note from the last
meeting that the Board would require in their approval a company safety officer
present when the truck was parking and leaving. Attorney Wright said the Board
decided that no part of the truck would be in the road area or in the
pedestrian walkway.
Dan asked if it would be a problem for Valeo if the
Board were to make approval contingent on the trucks dismounting if they got
into the walkway area because it would be a safety issue. Sebastian Guery,
Valeo, asked if they needed to paint that on the sidewalk. Mr. Potter said there is a color contrast
because the four-foot sidewalk is concrete and the parking is blacktop. Mr.
Wright said they could state that no part of the truck may extend onto the
sidewalk. The applicant agreed.
Mr. Potter was asked to fill out a short form
EAF.
The Board continued with the application for Thomas Shelters, to add
office space to the approved storage building and for approval to sell used
cars at 2553 South Work Street Ext., Falconer, NY.
Randy Woodbury said Mr. Shelters is still
non-compliant with his site plan and has not provided any storm water
calculations. He does not think it
would be advisable for the Board to leave this application on the table at this
point.
Motion made by Bob Thomas, seconded by Paul Shanahan
to deny the application for Thomas Shelters for a modification to his site
plan.
Carried. Ayes 6 Noes
0 Absent 1
The enforcement of the non-compliance of the prior
approved site plan will be left to Mr. Woodbury.
Chairman Evans opened the public hearing for
Falconer Enterprises for phase II of their site plan approved August 2005 to
include a showroom and offices for Harley Davidson of Jamestown at 1951 E. Main
St. Ext., Falconer, NY.
No one was present for Falconer Enterprises.
Mr. Evans opened the public hearing for Starbucks,
for a new coffee retail store at 944 956 Fairmount Ave., W.E., Jamestown, NY.
Paul Potter, engineer, and Kevin Petru, Development
Manager, for Starbucks, presented the site plan for the new store between Wicks Avenue and
Green Street.
The Board members reviewed the site plan with Mr.
Potter and Mr. Petru. They discussed:
1)
the
required zoning variances were granted at the September meeting
2)
storm
water calculations - the storm water
will connect into Wicks Ave.- there will be a storm water detention area with
an infiltration system it is all underground Mr. Potter said it does not
require water quality because it is not a big enough site but they did quantity
adjustment so the existing Town system could handle it
3)
all
access for the facility will be off Green Street there will be no access off
394 and they will close off the
existing curb cuts
4)
the
landscaping plan they did shading so headlights going through the drive-thru
will not show going up the street the green space is around 30 % - the
applicant will maintain the area
5)
traffic
- there is one way traffic through the site all the traffic goes around the
building
6)
retaining
wall will be on the back side of the building and down Wicks Ave and a little
along the front it will improve the sight distance for Wicks Ave. that is now
overgrown the wall is two stages there will be a planting area on the wall
- they did get a variance for the part of it that will be over 6 feet the
two-tiered wall will be on northwest corner and the north side
7)
seating
28 seats inside of the building with ample parking - there will be
approximately 6 employees and their parking will be on the west side
8)
there
is a sewer right-of-way through the property
9)
snow
storage there will not be much area so the runoff calculations will not be
any greater because the snow melts off over a period of time because of the
restriction on the site because of the landscaping plan they will have to have
the snow removed
10)
dumpster
- is completely enclosed with a fence there will be no other outdoor storage
11)
fence
- runs along the wall pedestrian type four-foot high fence
12)
fire
hydrant is on the corner of Wicks Ave. and Fairmount Ave.
13)
utilities - will come off Wicks Avenue the BPU wants
a bigger tap for the water so they will do that they will get the sanitary
sewer permit from Chautauqua County South and Center Sewer District - the other utilities are already there
14)
lighting
there is a lighting schedule on the plans 6 directional lights on poles
15)
construction
schedule Mr. Petru said pending approval tonight they would like to start
within a couple weeks and open early Spring 2007
16)
signage
has been reduced signs variances were approved at the ZBA meeting
17)
hours
of operation 6:00 AM to 10:00 PM normally weekends may be a little longer
18)
elevations
were submitted with the plans with the construction documents
19)
pedestrian
access off the sidewalks on Fairmount Ave.
There were no neighbors present for the Starbucks
project.
The Board went over the site plan checklist noting:
1)
the
plans were stamped by Robert J. Runge II, PE
2)
scale
on the plans
3)
boundaries
on the plans plotted to scale
4)
there
are no existing buildings
5)
grading
and drainage plan submitted - no
watercourses - several trees will be
removed for the retaining wall
6)
existing
tree masses are on plans
7)
the
storm water management plan was submitted it is underground storage going
into a closed drain on Wicks Ave.
8)
elevation
drawings were submitted
9)
there
will be no tractor trailers - primarily
only 6-wheelers will be used for deliveries the drive-thru area will be
concrete and the rest of the parking will be paved
10)
no
pedestrian walkways onto Fairmount Ave
11)
dumpster
area will be in the northwest corner all contained
12)
retaining
wall will be 10 feet high at the tallest height where the wall is
approximately 6 feet it will be a dual height retaining wall with a planter
Starbucks will maintain the landscaping there will be a 4 foot high natural
wood fence on top of the wall probably a cedar type fence
13)
the
sewer will go on the back side and hooks up to the Chaut Lake Sewer District
14)
the
water service will be off Fairmount Ave
15)
the
fire hydrant located on the southwest corner of the property
16)
natural
gas will come off Fairmount Avenue - existing
17)
signs
on building and one proposed pole sign variances were granted by the ZBA
18)
buffer
area shown existing lawn will remain
19)
outdoor
lighting five poles nothing shining onto the neighbors some decorative
lights under the canopies
20)
building
is for retail sales
21)
they
are removing several trees and replacing with smaller landscaping and
buffering new trees on the entrance
way toward the north
22)
construction
schedule starting as soon as they have approval finishing in March or April
2007
23)
permit
required from South and Center Sewer District the County Planning Board had
reviewed the project
24)
they
own property
25)
no
aerial map required
26)
the
map of topography shows contours at one foot
27)
Board
did not require any other elements
A letter was received by the Town from William
and Netta Saulsgiver, 62 Wicks Ave., W.E., Jamestown, NY, stating they were
in favor of this project since there would be no driveways in or out unto Wicks
Avenue and all egress and ingress would be on Green Street.
The Planning Board reviewed the EAF provided. Attorney Wright stated the action does not
exceed any Type I threshold in 6 NYCRR, Part 617.4 and would not receive
coordinated review. The Town of
Ellicott Zoning Board did an independent review.
The Board continued with Part II C noting:
1)
this
property is zoned mercantile
2)
they
will use underground storm water management
3)
there
will be less traffic existing directly onto Fairmount Avenue
4)
this
project will not have an impact on the environmental characteristics that cause
the establishment of a critical environmental area
5)
there
was no controversy related to potential adverse environmental impacts
6)
they
determined this project will not result in any significant adverse
environmental impacts
Motion made by Paul Shanahan, seconded by Phyllis
Belin to have Chairman Evans execute the SEQR from with a negative declaration.
Carried. Ayes 6 Noes 0 Absent 1
Mr. Woodbury said that the maintenance of the
property is covered by the NYS property maintenance code.
Motion made by Bob Thomas, seconded by Ron Calanni
to approve the plans as presented for Starbucks for a retail coffee store at
944-956 Fairmount Ave., W.E., Jamestown, NY subject to the restriction:
1) the fence along the
retaining wall will be 4 feet high and would be of wooden structure
Carried. Ayes 6 Noes 0 Absent 1
Chairman Evans stamped and dated three sets of plans
for Starbucks.
The Board continued with the EAF for Valeo.
Attorney Wright stated this action does not exceed
any Type I threshold in 6NYCRR 617.4 and will not receive any coordinated
review. The Board continued with Part
II C noting:
1)
the
Board required that they drop any tractor trailer that extends over the
pedestrian
walkway and Valeo is expected to have a safety officer
present when they are bringing
trailers in or out
2)
the
project will have no impact on the environmental characteristics that would
cause the establishment of
a critical environmental area
3)
there
is not likely to be any controversy related to potential environmental impacts
4)
the
Board determined this project will not result in any adverse environmental
impacts
Motion made by Paul Shanahan, seconded by Dave Carlberg
to have Chairman Evans execute the SEQR with a negative declaration noting the
stipulation of the safety officer and the truck line.
Carried. Ayes 6 Noes 0 Absent 1
Motion made by Dave Carlberg, seconded by Ron
Calanni to approve the site plan for Valeo, 2258 Allen St., Jamestown, NY with
the following stipulations:
1)
a safety officer will be on duty during the delivery of a tractor
trailer
2)
any tractor trailer that extends into the walkway would have to
dismount
Carried. Ayes 6 Noes 0 Absent 1
Chairman Evans stamped and dated three sets of site
plans for Valeo.
Chairman Evans reopened the public hearing for
Harley Davidson of Jamestown, for Phase II of their site plan for 1951 East
Main Street Ext., Falconer, NY.
There was an objection raised from a resident as to
the order of the agenda. Mr. Tolman
stated they thought the meeting was at 7:30 PM. Attorney Wright said that since there was no action taken before
the Chairman has the authority to put the meeting any order he wants. The Board had no objections to hearing this
application at this point on the agenda.
Brian Reid, Harley Davidson, and Rex Tolman, PE for
this project, reviewed
the site plans with the Board members.
Discussion followed on:
1)
utility
issues water will come across the road and they will boar under the road
the County Health Department will have to approve the septic the connection
to the public sewer was too costly existing they have electric, telephone and
gas coming in on the northwest corner of the existing building
2)
they
changed the entrance because it was too costly to have the entrance from the
I-86 exit
Attorney Wright said at the last meeting the Board
requested one site plan with everything on the checklist. He stated the Zoning Board had approved the
variance for the height of the building. Mr. Wright asked if there were any
other changes except the septic system. Mr. Tolman said the basic change from
the approval was the movement of the driveways. They were going out the front and hook into the exits of I-86 but
it was too costly (approximately $100,000) to modify the traffic light. The
footprint of the building is the same.
There were no concerned neighbors for this project.
The Board reviewed the site plan checklist noting:
1)
the
plans were stamped by a licensed engineer
2)
scale
on plans
3)
boundaries
were plotted to scale
4)
existing
buildings shown
5)
grading
and drainage plan provided
6)
watercourses
and tree masses and other natural recourses plotted
Attorney Wright said it was noted at the last
meeting the original drainage plan for the property as it was approved for
Phase I was intended to accept all the drainage for Phase II. He asked Mr.
Tolman if the expansion of the showroom building would have an impact or the
design of the original drainage plan would still accommodate the larger
building. Mr. Tolman said he did not do
the original storm water calculations and has not reviewed the plan. He said it is a very minor change so he
would anticipate that it wouldnt. The
building is actually smaller and based on the change it should be better. They
have not changed the imperious areas.
7)
the
storm water management plan and calculations were done by Paul Potter, PE
Rex
could review the plan and certify there would be not change
8)
elevations
drawings and photos provided
9)
parking
lots and driveways will be paved
10)
no
pedestrian access from the front
11)
dumpster
in the back of the building - no other
outdoor storage
12)
no
retaining walls or fences
13)
septic
system will need to be approved by Health Department
14)
water
supply from across the road
15)
fire
hydrant was added right by the road within 500 feet of the building
16)
utiltities
off the pole with underground
17)
signs
on the building only no pole sign proposed
18)
buffers
tree line shown on plans
19)
lighting
on building no pole lights in the parking but there are street lights in
the front
20)
there
will be retail sales
21)
landscaping
and planting schedule Mr. Tolman thought that was approve on the plans for
Phase I Phase II did not have any changes in the landscaping- Paul Shanahan said he remembered that it was
approved in Phase I
22)
construction
schedule Mr. Reid stated they will break ground March 1st and be
completed and should move in by September or October of 2007
23)
permits
- they have applied for approval from the Health Department and NYS DOT
24)
permits
required from the Health Department and NYS DOT and a building permit form the
Town of Ellicott
25)
no
proposed easements or restrictions
26)
aerial
map not required
27)
map
of topography provided
28)
no
other elements required
Attorney Wright said a SEQR form is required for the
proposed Phase II. Mr. Wright also
asked if the Board would want to do an approval contingent on a building permit
not being issued until the Town engineer or Mr. Tolman certify the storm water
management plan or if they wanted to hold on approval. Mr. Reid said that they would like the Board
to move forward because they have a building out for bid. Randy said he would not issue a building
permit unless a letter from an engineer was provided to him with the building
permit application. Secretary Pierce had a copy of the SEQR completed for Phase
I but the information was not the same as far as the acreage. Mr. Tolman completed Part I a new SEQR form
and Chairman Evans reviewed the SEQR completed 8/10/05.
Motion made by Paul Shanahan, seconded by Dave
Carlberg adopting the findings in the environmental review conducted on 8/10/05
as it applies to Phase II.
Carried. Ayes 6 Noes 0 Absent 1
Motion made by Bob Thomas, seconded by Paul Shanahan
to approve the plans as presented by Harley Davidson with one stipulation:
1)
an engineer has to review the storm water management plan and attest the
calculations
will not change with Phase II - the Code Enforcement Officer has to
receive the letter
before a building permit is issued
Carried. Ayes 6 Noes 0 Absent 1
Chairman Evans signed and dated three sets of plans
for Harley Davidson of Jamestown.
The Board reviewed a request from the Town Board for
a recommendation to modify the zoning around the Fairmount Avenue.
Attorney Wright explained that a developer
approached the Town Board and requested rezoning on Fairmount Avenue in the
vicinity of the Fairmount Plaza as well as rezoning in the Fluvanna area, as it
exists. There are three requests:
1)
to
change the Fluvanna Shopping Center District from what is appears under the
code to a mercantile district as it appears under the code.
2)
to
change the zoning designation of the shopping center district on Fairmount
Avenue (the Fairmount Plaza district) to a mercantile district
3)
to
increase the size of the commercial district that is currently shopping center
district on Fairmount Avenue
Mr. Wright explained the procedure. Once the request
has been made to the Town Board the Town Board, before making their decision,
is required to seek a recommendation from the Planning Board. He said the Planning Board would review
those requests and make a recommendation back to the Town Board, at which time
the Town Board will make a decision.
The Town Board can adopt the recommendation or ignore the recommendation
of the Planning Board.
Randy Woodbury said the Fluvanna area request came
directly from the Town Board. He showed
the Board on the map where the shopping center district was. He explained it is land westerly of Strunk
Road and northerly of Route 430 (Fluvanna Ave.). When you enter the Town of
Ellicott from the City of Jamestown both sides are mercantile until you get to
Strunk Road. Then the north side
becomes shopping center district and the south side remains mercantile. The Shopping Center District includes The
Fountain Bowl, the old AM Vets building, B & S Wholesale and the Humane
Society. The Town Board wants to
homogenize that district into the mercantile district, which it adjoins.
There were no neighbors or comments from the
Fluvanna area.
Attorney Wright explained the differences between
the shopping center and mercantile districts.
He read from Section 146-25 of the code.
Adrianne Rounds, Ross Mills Rd., Falconer, NY, asked how this would affect
the SPCA and if they were aware of this request.
Attorney Wright said the SPCA would be grandfathered in because the change in zoning would be after th