MINUTES OF THE
REGULAR MEETING OF THE TOWN OF ELLICOTT PLANNING BOARD HELD AT THE
ADMINISTRATION BUILDING, 215 SOUTH WORK ST., FALCONER, NY ON OCTOBER 12, 2005
AT 7:00 P.M.
PRESENT: Chairman Dan Evans,
Gary Swanson, Ron Calanni, Dave Carlberg, Phyllis Belin,
Paul Shanahan, Attorney William Wright, Code
Enforcement Officer Randy
Woodbury and Acting Secretary Pam Vanstrom
ABSENT: Mike
Mogenhan
Chairman
Dan Evans called the meeting to order at 7:00 P.M.
Motion made by Dave
Carlberg, seconded by Paul Shanahan to approve the minutes of the September 14, 2005 meeting.
Carried. Ayes-6 Noes-0 Absent-1
Attorney Dave
Stapleton, representing Tanglewood Manor (Nicholas Ferreri), presented site
plans to build a private park and walking paths for residents and a adult day
care facility at 14 Merlin Ave., W.E., Jamestown, NY.
Mr. Stapleton explained they have been before the
Planning Board for sketch plan on several occasions and have been before the
Zoning Board three times and at the last Zoning Board meeting they finalized
the day care center portion of this proposal with three area variances which
were an area variance for parking off the Saloon back property line, a variance
on the north side for the building setback and the variance off the residential
line in the back.
The daycare center is proposed between Gifford and
Merlin Avenues on a site currently owned by James Kote and is being purchased
by Mr. Ferreri.
Attorney Wright stopped Mr. Stapleton because there
are two items on the agenda and the one that was read is for the senior housing
and walking paths. Mr. Stapleton said
it is his understanding they are not here for anything to do with the 24 to 30
units senior housing but the private parking and walking paths will be in the
presentation.
Mr. Paul Potter stated the SEQR would cover the
entire project for storm water because of State requirements. This is a
two-phase project but they will cover the entire project in the SEQR. If they ever build the senior housing
apartment complex they would have to revisit the Board and even though it will
be included in the SEQR they are not requesting approval for the senior
housing. They are not segmenting it and
if they come back to the Board five years from now the storm water plan and
SEQR will be done. They would have to come back for permission for the
apartment complex, which is considered phase II.
Mr. Wright said in order for the SEQR to be approved
for a phased project they have to know about the buildings, drainage, traffic
patterns etc. Mr. Potter said they have all those things.
PLANNING BOARD
OCTOBER 12, 2005
PAGE TWO
Attorney Stapleton told the Board they are looking
for approval on the 20-person day care center, a 40 by 32 maintenance
building that is on the Tanglewood Manor property and the park and walking
paths. Attorney Wright suggested they get though the site plan for the
20-person senior day care unit.
Mr. Stapleton explained this 20-person day care
facility would be operated from 8:00 AM to 5:00 PM. It will have one pick up
and drop off of residents in the morning and one in the evening. There will be little drop off of people by
private automobiles. There will be four
parking spaces off Merlin Avenue and a turnaround drive off Gifford
Avenue. It will have a walking garden
on the Fairmount Avenue side adjacent to the parking lots behind White
Chiropractic and the Saloon. There are
currently some fences between the parking lot and some shrubbery all of which
will stay. The have been granted three area variances by the Zoning Board of
Appeals. A 20-foot area variance was granted off the parking lot on the Saloon
side, a 10-foot variance for the building on the north side and a 5-foot
variance for the vegetated buffer requirement between the building and the
residential zone. Mr. Ferreri agreed to leave his residential lots as
undeveloped green space. There is a walking path behind the Saloon and White
Chiropractic parking lots.
They provided elevation drawings of the building
that will look residential and have low lighting. There will be no bright security lights throughout the evenings.
It will be strictly day care with perhaps three or four staff members coming
over from Tanglewood Manor to operate the facility. There may be some transportation of individuals by golf carts
back into the pavilion area behind Tanglewood in good weather to offer various
outdoor activities for the day care residents.
Dan Evans asked them to show where the walking paths
were going to be located. Mr. Potter
said the walking paths are on the other side of the street behind Tanglewood
Manor.
The Board reviewed the plans with Mr. Potter. Dan asked if this was going to be treated as
one property. Mr. Wright said for
environmental purposes you couldnt consider pieces of a project at different
times. Mr. Potter explained the
watershed and the drainage. Dan asked if there is a time frame on the project
and if there are two separate projects.
Mr. Wright said for SEQR it is all one project. They are asking for site
plan approval for all the walkways and drainage structures but not the senior
housing unit. Mr. Potter said they cant
do anything thing with phase II until they come back to both the Zoning and
Planning Boards.
Dan asked if this was the plan that was presented
originally when they notified the neighborhood because the Town does not notify
the neighbors of something that is substance to the same plan that was
presented. Attorney Wright said because
the old plan has not been approved and gets rescheduled until the next meeting
the neighbors at that meeting have benefit of knowing that and they are
entitled to come. Once the Town has
notified the neighbors there is no requirement to
PLANNING BOARD
OCTOBER 12, 2005
PAGE THREE
notify them each time an applicant comes back. Each
time they come in the applicant is bound to change the plans or they would not
be coming back. Mr. Lawson told the Board that they have modified the plan to
what the Board had requested and taken out the controversial portion of the
plan.
Mr. Stapleton said they are dealing with site plan
approval for the facility the Zoning Board gave them the variances for. There is no change in that other than the
setbacks. This is primarily the
topographical storm water runoff for the SEQR.
Discussion followed on the drainage and the site plan that was
presented.
When asked by Mr. Evans, Mr. Ferreri said there
would not be any tractor-trailers delivering to this facility. He told the
Board there would be 20 people that will come into the day care and they will
feed them two meals a day. The park will make it so they can utilize the
property but there will be no big change in the operations. Memory Garden
residents are active and this will allow them to do more such as fish and
walk. Mr. Potter said he has included
the traffic issues in the SEQR.
Mr. Ferreri said there would be two to three employees
for this day care that will be from 8:00 AM to 5:00 PM but if there is some
reason they may be there until 6:00 PM. They will have golf carts and they will
have certain things they will bring together in the park area but as far as
transportation they will just be bringing them in and taking them home. Those
vehicles will be parked inside at Tanglewood Manor in the garage area they have
on site.
Gary Swanson asked if the day care center would be
targeted for Alzheimer patients. Mr.
Ferreri said it would and they are going to do home care for twenty patients,
which will lead to the day care center.
They will have 20 residents at the day care center and they have 50
residents at Memory Garden. The Memory
Garden is currently full and they have not been able to take any day care
people so they have a need for more room for dementia and Alzheimer
patients. Mr. Ferreri said the day care
center will have alarms and they will have the same for the day care facility
because the residents have a tendency to wander. That is also why the walking paths will be enclosed.
The Board went over the site plan checklist with Mr.
Potter. They discussed:
1) the
drainage and the watershed
2) the
storm water management plan was provided Mr. Potter said they could send it
to the State if the Board would like he did sent the paper work in for the
notice of intent this does require a SPEDES permit
3) the
design and location for all the buildings were shown even though the Board is approving
only phase I the colors will match the colors (tans and natural colors)
PLANNING BOARD
OCTOBER 12, 2005
PAGE FOUR
across
the street they will have a shingled roof
4) there
will be sidewalks around the building
5) the
existing driveway onto Merlin is wide enough
6) there
will be no outdoor storage
7) there
are fences shown on the plans and they will be the same kind as are at Memory
Garden (6 foot white vinyl)
8) sewage
disposal hooks up to the existing sewer
9) water,
electric and gas come off Merlin Avenue utilities will be underground
10) there
are fire hydrants across the street
11) there
will be no signs
12) buffer
areas are shown the Board reviewed the planting schedule
13) the
only exterior lighting will be household style lighting for the entrance ways
there will be some foot lighting that is low level landscaping lighting there
is some security lighting in the parking lots Mr. Potter provided a photo
geometric plan to the zoning Board -
the poles are residential style lamps that are directional and will not go off
the property
14) the
landscaping and planting schedules are on the plans
15) estimated
construction schedule they will try to start the end of October to demolish
the existing building and start construction of the new building in the spring
16) the
only other permit needed is from NYS DEC for the storm water the Zoning Board
already approved the variances
Attorney Wright asked why they need the SPEDES
permit. Mr. Potter said anytime they
have a project that affects over one acre of disturbed soil you need a SPEDES
permit because you in essence create some soil runoff. You need an erosion and
sentiment plan and when you do that under the commercial regulations you have
to take into account water quality and all the pollutants.
They have to take 90% of the pollutants from the
entire project out of the storm water. They are doing single point pipeline
discharge onto neighboring property, which is owned by the applicant. They also
have to address water quantity. There will be less water from the site after
the construction than before.
Shawn Malay, Gifford
Ave., W.E., Jamestown, NY, provided some pictures that were
taken during high water time and also a Town map to give the Board a
reference. These pictures show where it
is not sufficient to handle the water that currently comes down in that area.
Mr. Potter said he thought that would be the Towns
pipe and if it does not handle the water there could be something stuck in the
pipe. Mr. Potter said the total overall outlet of water is a decrease. Mr. Lawson said they would ask the highway
superintendent to put in some sleuth pipes and ask them to clean the ditch.
Lengthy discussion followed on the drainage and the ditches.
PLANNING BOARD
OCTOBER 12, 2005
PAGE FIVE
Mr. Malay also had concerns with the size of the
parking area for the facility. Their
plan is to pick up everyone but there could be some drop-offs. They can accommodate six to eight cars in
the circle that is a standing area not a parking area.
Mr. Malay said when the soil analysis is done he
would like to get a copy to see that it will not affect his ground water since
he has a well. They have done a phase I environmental on the property and Mr.
Woodbury has a copy of that.
Mr. Malay also asked if they could do anything about
the hours of construction. Mr. Ferreri
said they would be done with construction by dark or approximately 6:00 or 7:00
PM.
Mr. Potter gave the Board an explanation of
everything on the other side of the street that they are asking approval
for. He told the Board they would be
putting a maintenance facility building in and six additional parking spaces
with a driveway that will come off the existing parking lot. There will be a pavilion for the residents
with a walkway.
Mr. Lawson showed the elevations for the 32 by 40
maintenance building that is a pole barn style and siding that would match the
existing Tanglewood Manor buildings.
The other structure will be a 24 by 32 open-air pavilion with a
shingled roof and a cement floor. There
is another 6 by 6 concrete building that will be a restroom. The walkways are open but the ponds are
fenced in. The people that will walk
the pathways will be from Tanglewood Manor and not Memory Garden. This will
keep the residents off Fairmount Avenue and they will have senior stations
where there will be a bench, a water station, birdhouses and flowers that will
attract hummingbirds. The fence around
the ponds is rated for swimming pools.
The gating will be of the same style and will be locked at night when
not in use. The regulations for the gate is that it is self-closing and
self-latching.
Mr. Potter explained the storm water facilities are
based on a hundred year storm. The
water quality has to be at least a one-hour detention in each of the pools to
settle out pollutants, there is some marsh type material that will go around
there, the ponds will maintain 2 to 4 of water in them at all times, they
will have to add clay to maintain the ponds and will have to add water to
them. It is designed to pick up all the
water from the whole project and will reduce the flows to the outlet by about
10%. The existing water has nothing to
stop it.
Mr. Evans asked if it would be a drainage pond or a
fishing pond. Mr. Potter said it would
operate in both capacities and it is OK for the fish but the fish cant be
eaten because there are too many pollutants.
Mr. Lawson said there would be little paving that
will be from the Tanglewood site to the pavilion. The rest will be grassed and
maintained.
PLANNING BOARD
OCTOBER 12, 2005
PAGE SIX
The walkways, the pavilion, the maintenance
building, and the day care building will be phase I. The senior housing would
be phase II.
Attorney Wright said in order to avoid the SEQR
segmentation issue the Board needs to review the entire project. Mr. Potter said the drainage is designed for
the entire project. Dan asked if there
is anything on phase II that would change topols or drainage. Mr. Potter said they have already been
revised in the SEQR. Attorney Wright
said they do have to talk about disturbing the property, traffic, SEQR issues
and construction issues concerning phase II.
Mr. Potter said the SEQR would have to be amended if Mr. Ferreri does
phase II. Dan asked if there would be any
regulation of the time frame for phase II.
Mr. Potter said that in the permit Mr. Ferreri would not be able to
build phase II until he revisits the Town.
The only property that will be touched will be what has been discussed
for phase I. Mr. Ferreri said he might
never do the senior housing.
Mr. Potter explained phase II will have a 24-unit
building that would be approximately 28 foot high, 65 foot long and 40 foot
wide.
Attorney Stapleton said the phase II application was
tabled at the Zoning Board level and not withdrawn. He asked if they withdraw the entire application even though
there are some references to it in the SEQR could they forget about phase II
all together for purposes of SEQR and could Mr. Ferreri reapply at some time in
the future? Attorney Wright said they
do not want anyone to say the withdrawal was just a farce in order to do the
SEQR on a piecemeal bases knowing full well they were going to come back. Mr. Ferreri said if he withdraws this and
down the road there is a demand he may consider it. Attorney Stapleton said anyone would have to show that they were
trying to hide something that was a detriment to the public or they
intentionally tried to avoid. They are
going to be covering the same material anyway.
Mr. Ferreri stated he will do the day care facility and the park and
phase II is not being considered at this time.
Attorney Wright said they could put on record they
are withdrawing the application for phase II from all consideration (both Zoning
and Planning). Mr. Potter said they
still have to include the storm water even if they never do phase II. Attorney Wright said if phase II is never
built the storm water is way over designed and Mr. Potter said the State has no
problem with that as long as it is not under designed. The applicant is not asking to downsize the
project for the storm water. They do understand the potential vulnerability
from saying they are now withdrawing phase II and trying to come back with
it. Mr. Stapleton suggested that
everyone has an opportunity and the right to come back in and make
application. If someone from the public
objects and wants to get some court order to prevent them from doing that let
them do it. At this point, Mr. Ferreri is saying he is not going to do the
project and it is something for the future.
The Board continued with the SEQR. Attorney Wright asked them to remove the
senior housing from the SEQR form. Mr. Potter had a SEQR with the projects
actual improvements for phase I described.
PLANNING BOARD
OCTOBER 12, 2005
PAGE SEVEN
The Board went through Part 2 of the SEQR noting:
1) the
proposed action will result in a small to moderate impact because the
construction
may continue more than 1 year
2) the
proposed action will have a small or moderate impact that will affect surface
or
groundwater quality or quantity and will require a discharge permit
3) the
proposed action will alter drainage flow or patterns, or surface water runoff
4) the
proposed action will have a small or moderate effect to the existing
transportation system
5) there
will be no public controversy related to phase I
Motion made by Paul
Shanahan, seconded by Gary Swanson determining the proposed project will not
result in any large and important impact(s) and, therefore, is one that will
not have a significant impact on the environmental and authorizing Chairman
Evans to sign the EAF on behalf of the Planning Board.
Carried. Ayes-6 Noes-0 Absent-1
Motion made by Ron
Calanni, seconded by Paul Shanahan to approve the site plan for Tanglewood
Manor (Nicholas Ferreri), 560 Fairmount Ave., W.E., Jamestown, NY, for the
modified plans presented contingent upon returning to the Zoning Board of
Appeals for approval of all buildings presented in the plan or the
determination by the Code Enforcement Officer that the Zoning Board approval is
not necessary.
Carried. Ayes-6 Noes-0 Absent-1
Attorney Wright said
he had spoke with Randy Woodbury and B & L Wholesale have withdrawn their
request for the placement of an above ground fuel storage dispenser at 2887
Struck Rd., Jamestown, NY.
Mr. Marc Turner, C P
Plastics, presented plans for an addition to their existing building at 1890
Lyndon Blvd., Falconer, NY.
The addition will be 60 by 150 and they now meet
the setback requirement for the building so they do not need a variance. Mr. Turner provided the site plan of the
building that was built in 1996 and explained his plans to the Board members.
They will have a loading dock. The
drainage system is the one that was put in when the Town of Ellicott upgraded
Lyndon Boulevard a couple years ago. Frances Jenkins and Steve Carlson have
looked at the plans. The runoff from the roof falls off and goes into the
existing system. There will be a new
parking area.
Mr. Turner said one neighbor came in and asked where
the addition would be and was satisfied.
PLANNING BOARD
OCTOBER 12, 2005
PAGE EIGHT
Mr. Turner said they would relocate the sign on the
side of the building. They will add one light to the side of the building to
light the parking area and some lighting in the parking lot There is currently
some gravel parking area.
Attorney Wright said they have to send the plans to
the Chautauqua County Planning Board because the site is within 500 feet of the
municipal boundary of the Village of Falconer and possibility the Town of
Poland. The Board told Mr. Turner he needed more detailed plans. Mr. Wright
said if Mr. Turner would have come in within two years of the original site
plan he could have just modified the site plan but now it has to be a new site
plan review.
The Board went over the site plan checklist noting:
1) the
Board will accept only the portion of the property to be impacted by the
modification plotted to scale provided a copy of the existing survey is with
these plans
2) the
Board needs a storm water management plan that has been certified by his engineer
3) the
building sign and light will be relocated
4) they
will maintain the existing green space required by the last site plan
5) they
anticipate they will build within the next six months
6) they
need to provide a building elevation
7) they
need show the location of the electrical source
Motion made by Gary
Swanson, seconded by Dave Carlberg to refer this plan to the Chautauqua County
Planning Board for review.
Carried. Ayes-6 Noes-0 Absent-1
Chairman Evans provided a list to Mr. Turner of the
items he needed to provide for the next meeting:
1) a
copy of the 1996 survey
2) a
storm water management plan
3) the
exterior dimensions of the building which include an elevation drawing
4) the
location of the electrical source
Motion made by
Phyllis Belin, seconded by Paul Shanahan to adjourn the meeting at 10:00 PM.
Carried. Ayes-6 Noes-0 Absent-1
____________________________
Valerie Pierce,
Secretary