May 13, 1997

MINUTES OF THE REGULAR MEETING OF THE TOWN OF ELLICOTT ZONING BOARD OF APPEALS HELD= AT THE ADMINISTRATION BUILDING, 215 SOUTH WORK STREET, FALCONER, NY 14733 ON M= ARCH 31, 2008 AT 7:00 PM.

PRESENT:= Chairman Steve Hoglin, Dave Remington, Richard Keefer, John Merchant, Phillip Pratt, =

= Kathy Hedstrand, Allan Hendrickson, Attorney William Wright, Code Enforcement

= Officer Randy Woodbury = and Secretary Valerie Pierce

ABSENT: <= /span> None

Chairman Hoglin opened= the meeting at 7:00 and led the Board in the Pledge of Allegiance. Secretary Pierce called the roll.<= o:p>

Motion by Steve Hoglin, seconded by John Merchant to approve the minutes of the Febru= ary 25, 2008 meeting.

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Carried.= = &nb= sp; Ayes – 6 = = Noes – 0 = = &nb= sp; Absent - 1

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Attorney Wright swore in everyo= ne present that would be giving testimony at this meeting.

Chairman Hoglin opened a Public Hearing re the renewal of a special use permit for M= ichael Darroch, 1 Westminster Cir. for the operation of an engineering consulting business.

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Mr. Darr= och addressed the ZBA. He noted that he was first granted= a special use permit to operate the business out of his home in 2005. He stated that nothing has changed= since then & the business generates no additional traffic.<= /p>

No public comments were heard and no corresponde= nce was received re the matter.

Motion by David Remington, seconded by Allan Hendrickson to grant the renewal of a special use permit = to Michael Darroch, 1 Westmin= ster Circle for a period of five years.<= /span>

Carried.= = &nb= sp; Ayes – 6 = &nb= sp; Noes – 0 = Absent – 1

Richard = Keefer entered the meeting at 7:13.

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Chairman Hoglin re-opened a Public Hearing for The Gerry Homes (d/b/a The Heritage= Group), 3017 N. Main St. Ext. re a request for a Special Use Permit to construct a senior housing community on sixty (60) acres of property located on Southwestern Drive between Orchard Road and Hunt Road.<= o:p>

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Mr. David Smeltzer, Executive Director for The Heritage Group presented his plan to the ZBA.&nbs= p; He stated that THG is interested in constructing a senior citizen community on the site. The center will be an assisted-living/skilled nursing facility.&= nbsp; He explained that the project will consist of single-family homes, duplex homes, multiple dwellings & an apartment building. The complex will provide housing f= or approximately 200 residents. = According to Mr. Smeltzer, the project appears to be a permitted use under Section 14= 6-9C of the Town of Ellicott Code. He feels that the project would be compatible with the existing neighborhood.= He assured the ZBA that the project would be constructed in accordan= ce with the Town code. He stated= that the total number of structures within the proposed development would be less than 50. He outlined the proj= ect in specific detail – including landscaping, lighting, utility service, p= arking, traffic, drainage & storm water retention. He showed the ZBA pictures of the = type of housing that would be constructed. He stated that the proposed apartment building will be no higher tha= n 40 feet. He explained that the s= enior housing community will be constructed in 3 phases & noted that each pha= se will require pre-sales of 70% - 80% before construction would begin. <= /o:p>

Mr. Smel= tzer requested that the Zoning Board grant THG a special use permit to construct duplex homes, patio homes, quad-plex home= s, an apartment building and 6 group homes in accordance with Section 146-9C of the Town of Ellicott Code.

The ZBA discussed the proposal and asked Mr. Smeltzer a number of questions…

Allan He= ndrickson asked Mr. Smeltzer ab= out the difference in grade between the upper and lower sections of the proposed development. Mr. Smeltzer res= ponded that there would be about a 100 foot difference. Mr. Hendrickson expressed his conc= ern about proper drainage given the elevation differential. Mr. Smeltzer noted that water runo= ff would be directed to a retention pond.

Kathy Hedstrand asked whether fencing would be erected around the retention pond. Mr. Smeltzer replied that a fence w= ould be constructed.

John Mer= chant asked if there is an adequate municipal water supply to service the facility. Mr. Smeltzer stated that the Jamestown Board of Public Utilities has assu= red him that the water supply is adequate.

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Chairman Hoglin expressed concerns about traffic egress onto Southwestern Dr. Mr. Smeltzer addressed his concerns.

Ms. Heds= trand asked Attorney Wright= if a special use permit could be granted in phases. Mr. Wright stated that it would be preferable to consider the entire development at once because it would simp= lify the environmental review process. However, he feels that the project could be approved in phases.

Mr. Merc= hant asked what the time f= rame would be on Phase I of the construction.&n= bsp; Mr. Smeltzer estimated that it would be completed in 8 – 10 months.

Richard = Keefer asked Mr. Smeltzer to= point out where the prospective parking areas would be located. Mr. Keefer also asked how much of = the sixty acres would actually be developed.&n= bsp; Mr. Smeltzer stated that only about 30% of the property would be developed. =

Chairman Hoglin asked if the utilities would be located underground. Mr. Smeltzer replied that all util= ities would be located underground.

Phillip = Pratt asked how long ago THG constructed its facility in S. Carolina. Mr. Smeltzer responded that it was completed in 2000. Mr. Pratt asked whether that facil= ity was constructed near a residential neighborhood & whether property valu= es were affected. Mr. Smeltzer w= as unsure.

Ms. Heds= trand asked whether the fac= ility would provide medical care. I= f so, she asked if the facility would also be providing outpatient medical care.<= span style=3D'mso-spacerun:yes'> Mr. Smeltzer responded that the fa= cility is not licensed to provide medical care – only skilled nursing.

Ms. Heds= trand also asked where maintenance equipment would be stored.&nbs= p; Mr. Smeltzer stated that most such equipment would be stored off-sit= e at another location.

Attorney Wright asked Code Enforcement Officer Woodbury for his interpretation re whether M= r. Smeltzer’s request is a “permitted use” under Section 146= -9 of the Town Code.

Code Enforcement Officer Woodbury explained what types of facilities are permitted under Section 146-9C of the Town of Ellicott Code. He also stated that Section 128 of the New York State Public Health Law addres= ses health care facilities and nursing homes.&= nbsp; He explained that because “outpatient services” would no= t be provided at the proposed community center, the project would be considered a residential healthcare facility and, therefore, would not be excluded from receiving a special use permit.

Mr. Smel= tzer stated that he would = be willing to stipulate in the special use permit that no outpatient services would ever be conducted at the facility.

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The foll= owing public comments were heard:

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Michael Darroch, 1 Westminster Cir., = asked if the new facility will require a pressurized municipal water system and, if = so, who will pay for it. Mr. Wood= bury noted that the facility would receive its water from the existing water lin= e on Southwestern Dr. and would not require an additional water pump.

Joseph M= agnio, 1960 Southwestern Dr., expressed co= ncerns about potential drainage problems should the facility be constructed.<= /o:p>

Annette Carlson, 499 Hunt Rd., questioned whether the existing sewer system will have the capacity to handle 200 additional users. Mr. Smeltzer replied t= hat South & Center Chautauqua Lake Sew= er officials have assured him that the existing sewer system has the capacity = to handle the additional users. = Ms. Carlson feels that the new facility will not fit the character of the exist= ing neighborhood. In her opinion,= the ZBA should not even consider the proposal until the Town updates its comprehensive plan.

Rick Sol= inger, 539 Hunt Rd., expressed several con= cerns about the proposed project. He feels that the community center will result in an increase in traffic. He is also feels that there will n= ot be an adequate “buffer Zone” between the new facility & the residences on Hunt Rd. He is also concerned about the disruption and noise that a lengthy construction cycle would generate.=

Thomas Priester, 566 Orchard Rd., pointed out that Orchard R= d. residents each had to pay $10,000.00 to finance the municipal water line th= at was installed several years ago. He asked if the new facility would have to pay to connect to the municipal wat= er system.

Ken Gais= er, 548 Orchard Rd. asked about the possibility of installing an earthen embankment between the new facility and the homes on Orchard Rd.

Carl Sca= rpino, 545 Orchard Rd., expressed concern = that THG might sell the property to ano= ther owner at a future date.

Nikolaus Grunert, 522 Orchard Rd., expressed his concern about the type of air conditioning units that will be installed on the dwellings. M= r. Smeltzer addressed his concerns.

Calvin Cederquist, 3214 Baker St. Ext., asked how many people would be living in the proposed complex. Mr. Smeltzer stated that the maxim= um population would be 200 – 120 in the independent living units and 80 = in the assisted living/skilled nursing facilities.

Dawn Cal= imeri, 525 Hunt Rd., expressed concerns ab= out the disruption and noise that would be caused during construction. She also expressed concern that th= e new facility would put a strain on fire and rescue resources.=

Donald J= ohnson, 475 Hunt Rd., asked how the retenti= on pond would be drained. Mr. Sm= eltzer replied that he is not sure.

Roger Loewenheim, 434 Orchard Rd., is concerned that THG will aban= don the project if enough units are not sold.

Mr. Soli= nger asked if an environme= ntal review would be conducted before construction could proceed. Attorney Wright stated that an environmental review must be conducted.

Mr. Gais= er asked if the ZBA has = the ability to approve certain phases of the project. Attorney Wright feels that the ZBA= does have the ability to consider certain aspects of the project.

Diana Ni= differ, 463 Hunt Rd., asked about the responsibilities of the ZBA in regards to the proposed project. Chairman Hoglin stated that it is t= he ZBA’s responsibility to determine whether the proposed project meets = the criteria of the Town Code.

ZBA member Hedstrand pointed out that a private developer could construct single family homes on= the site without obtaining a special use permit.

Attorney Wright outlined the ZBA’s responsibilities in regards to Mr. Smeltzer’s request. He noted the specific sections of Town Code which are pertinent to the request. He stated that the ZBA’s tas= k is to determine whether the project being proposed is consistent with the uses permitted under Section 146-7 of the Town Code.

Motion <= /span>by Steve Hoglin, secon= ded by John Merchant to convene Executive Session to seek legal counsel. 8:40 PM – 9:05 PM

Carried.= = &nb= sp; Ayes – 7 = &nb= sp; Noes – 0 = &nb= sp; Absent - 0

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The ZBA completed Part II of the Environmental Assessment Form (EAF) submitted in conjunction with the proposed Heritage Group project. Attorney Wright explained that the project is an unlisted action under the New York State Environmental Qualit= y Review Act (SEQRA). He stated that t= he Board’s task is to determine whether there will be a significant environmental impact as a result of the project.

Motion <= /span>by Steve Hoglin, secon= ded by Kathy Hedstrand that a proposal by = The Gerry Homes (d/b/a The Heritage= Group), 3017 N. Main St. Ext. to construct a senior housing community on sixty (60) acres of property located on Southwestern Drive between Orchard Road and Hu= nt Road will have no significant adve= rse environmental impact. (see ‘The Gerry Homes’ file for detai= l)

Carried.= = &nb= sp; Ayes – 7 = &nb= sp; Noes – 0 &nb= sp; = &nb= sp; Absent - 0

The board discussed the potential ramifications = of the project. Ms. Hedstrand fe= els that assisted living & skilled nursing facilities may not be appropriate for the site. Mr. Hendrickson= & Mr. Keefer agreed. The board members asked Mr. Smeltzer a number of questions. Mr. Smeltzer addressed the board&#= 8217;s concerns. Mr. Hendrickson ask= ed whether all three proposed phases of the project would have to be approved = in order for construction to move forward.&nb= sp; Mr. Smeltzer stated that he is not sure but feels that THG officials would probably re-co= nsider the project if it was not approved in its entirety. Mr. Pratt asked Mr. Smeltzer sever= al questions re the placement of the proposed sewer line. Mr. Smeltzer explained that So. & Center Sewer officials d= etermined where the line should be located. Mr. Pratt also asked for assurances that the facility would never provide “out-patient” services. Mr. Smeltzer stipulated that it wo= uld not. Chairman Hoglin reminded= the board that the proposed project could be approved in phases. Also, the board does not have to a= pprove every facility being proposed.

Ms. Heds= trand asked about the possi= bility of altering the height of the proposed apartment building. Mr. Smeltzer stated that THG officials would consider it.

Motion <= /span>by Richard Keefer, sec= onded by Phillip Pratt to approve a request from The Gerry Homes (d/b/a The Heritage Group), 3017 N. Main = St. Ext. for a special use permit to construct six (6) 10-12 unit skilled nursing and assisted-living group homes on sixty (60) acres of property loc= ated on Southwestern Drive between Orchard Road and Hunt Road.=

Carried.= = &nb= sp; Ayes – 4 = &nb= sp; Noes – 3 &nb= sp; = &nb= sp; Absent - 0

(Hedstrand, Hendrickson & Hoglin Voted No.)<= o:p>

MOTION <= /span>by Richard Keefer, sec= onded by Kathy Hedstrand to approve a request from The Gerry Homes (d/b/a = The Heritage Group), 3017 N. Main = St. Ext. for a special use permit to construct nine (9) single-family homes= and twenty-two (22) duplex homes on sixty (60) acres of property located on Southwestern Drive between Orchard Road and Hunt Road.

Carried.= = &nb= sp; Ayes – 7 = &nb= sp; Noes – 0 &nb= sp; = &nb= sp; Absent - 0

Motion <= /span>by Richard Keefer, sec= onded by John Merchant to deny a request from The Gerry Homes (d/b/a The Heritage Group), 3017 N. Main = St. Ext. for a special use permit to construct six (6) 4-unit apartment buildings and one (1) 50-unit apartment building on sixty (60) acres of property located on Southwestern Drive between Orchard Road and Hunt Road.<= o:p>

Carried.= = &nb= sp; Ayes – 6 = &nb= sp; Noes – 1 = &nb= sp; Absent - 0

(Hedstrand Voted No.)<= /p>

Attorney Wright explained that construction of e= ach phase of the project must begin within one year or the special use permit w= ill expire. Mr. Wright also expla= ined that although special use permits are granted for two years the ZBA can req= uest the applicant to return to the board after one year to update the board re = the status of the project & also to ensure that the applicant is complying = with the special use permit.

MOTION <= /span>by Steve Hoglin, secon= ded by John Merchant stipulating that a representative of The Gerry Homes (d/b/a = The Heritage Group), 3017 N. Main = St. Ext. appear before the Town of Ellicott Zoning Board of Appeals in April 2009 to report on the status of the construction of 6 group homes, 9 single-family homes and 22 duplex homes on sixty (60) acres of property loc= ated on Southwestern Dr. between Orchard Rd. & Hunt Rd.

Carried.= = &nb= sp; Ayes – 7 = Noes – 0 = &nb= sp; Absent - 0

Chairman Hoglin opened a Public Hearing for Margaret Servoss, 3464 N. Main St. Ext., Jamestown, NY re a request for a Special Use Permit to operate a dog kennel & grooming service.

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Margaret Servoss presented her plan to the ZBA. She desires to operate a dog-grooming service & kennel on her property loca= ted at 3464 N. Main St. Ext. In particular, she would temporarily house dogs owned by elderly people who are convalescing from in= jury or illness. She explained that these people originally “adopt” the dogs from the Chautauqua Co. Humane Society & added that she would only agree to take dogs that were adopted from the Hum= ane Society. She stated that she = would be housing no more than five (5) dogs at any one time. She also stated that she would be converting an existing 20’x20’ utility shed into a kennel.=

In addition to the kennel service, Ms. Servoss explained that she would be operating a mobile grooming service. The grooming would not be conducte= d on her property and would be available to anyone.

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The ZBA discussed the proposal and asked Ms. Ser= voss a number of questions…

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Ms. Heds= trand asked Mrs. Servoss the maximum length of time a particular dog would be harbored at the kennel. Ms. Servoss replied that she is no= t sure but if she had the dog for more than a year she would probably return the d= og to the Humane Society. Ms. Hedstrand also expressed conce= rns about the dogs barking.

Mr. Keef= er asked Mrs. Servoss if= she has an agreement with the Humane Society. Mrs. Servoss res= ponded that she does not have an agreement. He also asked Ms. Servoss if the operation would require any signage. She stated that she = would not need signage.

The ZBA discussed whether Mrs. Servoss might need two separate permits – one for the kennel and one for the grooming service. Code Enforcement Off= icer Woodbury stated that she would not need two separate permits. He explained that the grooming ser= vice would be ancillary to the kennel and not a separate business. However, he noted that she could n= ot operate the mobile grooming unit without obtaining a permit for the kennel.

Attorney Wright asked Ms. Servoss to agree to house only licensed dogs and to make sure the dogs’ vaccinations are current. Ms. Servoss agreed to do so.

Mr. Prat= t expressed concerns th= at the number of dogs will escalate beyond the maximum of five she has stated she would harbor.

Attorney Wright explained that Mrs. Servoss’ request is addressed in Section 146-15 of the Town of Ellicott Code. He outlined the uses permitted und= er special permit. In his opinio= n, the project would not be subject to environmental review.

The foll= owing public comments were heard:

Marilyn = Nelson, 1922 Willard St. Ext. asked Ms. Ser= voss if she has a business plan. S= he expressed concerns about potential liability should the dogs get loose and cause property damage. She al= so asked Ms. Servoss if she has received training in dog care. Ms. Servoss addressed Mrs. Nelson concerns.

Motion made by Allan Hendrickson, = seconded by David Remington to grant a one-year Special Use Permit to Margaret Servoss, 3464 N. Main St. Ext., Jamestown, NY to operate a dog kennel & grooming service and; further, stipulating that no more than five (5) dogs be harbored in the ken= nel at any one time.

Carried.= = &nb= sp; Ayes – 7 = &nb= sp; Noes – 0 = &nb= sp; Absent - 0

Motion made by Kathy Hedstrand, se= conded by Phil Pratt to adjourn the meeting at 10:32 PM.

Carried. = Ayes – 7 = &nb= sp; Noes -0 = &nb= sp; Absent R= 11; 0

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Valerie Pierce, Secreta= ry