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 JANUARY 9, 2008 AT 7:00 P.M.

PRESENT: Chairman Dan Evans, Gary Swanson, Ron Calanni, Phyllis Belin, Paul Shanahan, Steve Peterson, Fred Santucci, Attorney William Wright, Code Enforcement Officer Randy Woodbury and Secretary Valerie Pierce

ABSENT: None

Chairman Evans opened the meeting at 7:00 PM.

Motion made by Gary Swanson, seconded by Ronald Calanni to approve the minutes of the November 14, 2007 meeting.

Carried. Ayes – 7 Noes – 0 Absent – 0

Chairman Evans reopened the Public Hearing for the request from the Town Board for rezoning of property owned by Richard and Anthony Benedetto on Dunham Ave., W.E., Jamestown, NY from residential to professional office or neighborhood business.

Chairman Dan Evans reviewed what was discussed at the November 2007 meeting. The Board decided to send a letter to Celoron to see what their status was and for their opinion on rezoning this corridor on Dunham Avenue. It had been almost two months and the Town had not received a reply so Dan called Mayor Bartolo last week (01/03/08). He did receive a return phone call from him. Mr. Bartolo explained their Village Clerk had been out sick and so she could not sent a letter. Mayor Bartolo did tell Chairman Evans that Celoron does not want to do anything until the comprehensive plan is done. Dan asked the Mayor for something in writing for the Town Board.

Dan said that he still feels strongly that since the comprehensive plan is in the process and Celoron wants to wait for the comprehensive plan the Board should recommend that the Town Board wait until the comprehensive plan goes through. He told the Board the comprehensive plan is moving along quickly.

This property is approximately 400 feet off of Fairmount Avenue. Mr. Benedetto said they are looking for a 300-foot extension. Andrew Goodell, Attorney for the Benedettos, said the extension they are looking for is 300 feet by roughly 140 feet. Mr. Goodell said that the neighbor across the street did ask the Board for a comparable extension on his side of the street. That was not submitted with this proposal.

Gary Swanson stated he did not see why Celoron was so adamant about this. Attorney Wright said that this is just one property (less than 500 feet) away from Celoron and that triggers sending the application to the County Planning Board. Attorney Wright said the Town asked both the Village of Falconer and the Village of Celoron to participate because of these inter-connections between the municipalities. Dan said that action at this point in time, since it is not of the time essence and the comprehensive plan is moving along as fast as it is that something better could come out of the comprehensive plan for this corridor.

Mr. Benedetto said that because of the residential area around it they think that the highest and best use will be office space. He said they think that it would be better than a multi-dwelling that they could put there now. He said that in talking with the neighbors they would rather see an office than a 4 or 6 unit house. He stated that the comprehensive plan could take up to five years and they have been paying taxes for 10 years and they would like to do something with the property.

Attorney Goodell stated he had attended the Village Board meeting and said the Village Trustees voted unanimously to support any moratorium if that was the direction of the Town of Ellicott wished to proceed. They also made it very clear that they were not expressing any opinions of the merit of the proposal. He did inform them if the Town Board did decide to proceed further in their consideration of the rezoning the Village of Celoron would be entitled to a further notice under section 139 NN of the municipal law and an additional thirty days to express an opinion of the merits of the proposal.

Dan asked if that was in the Village Board’s minutes. Mr. Goodell said he had not seen a copy of the minutes.

Chairman Evans said that since Paul Shanahan was from Celoron he would like his opinion. Paul said that the response from the Village is a courtesy, because it is not ultimately a Village decision. He said that the Village has had three meetings since the letter was sent and the fact that there was no response does not say to him that the Village is very adamant. He feels that a moratorium as the comprehensive plan gets closer and solidified could be very applicable but he does not think that is the case now and certainly is not in consideration of this proposal. Paul said that everyone has a general agreement that this would probably be a full commercial corridor. He thinks this is a very minimal change, which will probably be in the comprehensive plan. Paul feels this is a different situation then the Fairmount Plaza issue and the North Main Street issue. Part of the reason for their reasoning there was the comprehensive plan but there were a variety of reasons such as flood plain issues, potential wetlands issues, potential sale of property, and excess rezoning change. Paul said that the current owner of the property is looking to develop and it would be beneficial for the neighborhood and also the property tax base. Paul stated that he is not personally against the rezoning. He said the he is not fully up to date on the status of the comprehensive plan but it is his understanding that it is still in the planning stages and time frame has not been established. He said the other factor is that this was noticed and the only thing the Board has heard has been positive.

Chairman Evans told the Board that they do not have a time frame for the comprehensive plan. Discussion followed on the zoning of the other properties along Dunham Avenue. The Planning Board does not have to wait for a response from the Village of Celoron because they are only making a recommendation and the Town Board will have to do all of the legal things such as contacting the County and making the notifications.

Fred Santucci stated that this seems like a “good fit” for that property.

Gary Swanson stated he feels it is a very minimal change and would probably be included in the comprehensive plan anyway. He is in favor of recommending to the Town Board a change in the zoning of this property.

Phyllis Belin stated this is different than the other rezoning they have looked at, the neighbors have no objection and it is a minimal change. She said it would be nice if the comprehensive plan would finish but does not feel this proposal will make that big of a change in the neighborhood. She said she did not know the spot zoning rules. Dan said that they would have a final say on the site plan. Phyllis said she would like the hours of operation listed.

Attorney Wright said that when the Board has made a recommendation in the negative they have done it with specific reasons. He feels the Board needs to do the same thing if they are going to recommend the rezoning. Chairman Evans said the recommendation would need to set forth why the Board feels this property should be rezoned.

Attorney Wright advised the Board if there is SEQR work that needs to be done and is rezoned on project specific bases the applicant is responsible for the cost of the SEQR for the whole project. If the Board wanted to do any other property the Town would have to make an agreement with the applicant to make them responsible for the SEQR on the whole thing or they would create an expense for the Town. Dan said the Board should handle the recommendation on project specific bases. The Board members agreed.

Paul Shanahan made a motion, seconded by Gary Swanson to have the Chairman Evans send a letter to the Town Board recommending rezoning of the Benedetto property for the following reasons:

1) the rezoning is a 300 foot extension of a current zoned property

2) the character of Dunham Avenue is currently commercial

3) this corridor is likely to be included in the comprehensive plan as a commercial corridor

4) there was no opposition from the neighbors and one neighbor appeared in favor

5) the Planning Board agrees it is the best use of the property

6) there are no perceptible environmental impacts from what the Planning Board knows at this time

Carried. Ayes – 7 Noes – 0 Absent – 0

Dawn Thompson sent a letter to the Town requesting that she appear at the Zoning Board first. Attorney Wright said he thinks that is an appropriate request primarily because he does not think the Planning Board has the authority to act because they would be acting on a site plan review for property that Dawn’s does not own. Attorney Goodell, representing Dawn Thompson, stated that the deed has not yet been recorded but had her file if they wanted any further information.

Motion made by Steve Peterson, seconded by Paul Shanahan to table this application at the request of the applicant.

Randy Woodbury told the Board that neither party has stated to him that they at an impasse or he would have started some enforcement action. Attorney Wright said if the Board of Appeals determined this were a postponement tactic, Randy would not be able to hold off enforcement.

Carried. Ayes – 7 Noes –0 Absent – 0

Margaret Servoss did not appear. Randy told the Board he thought she should appear before the Zoning Board because his interpretation of what she wanted to do was a kennel. In an ag-residential zone special use permits allow kennels. Her property is located at 3464 North Main Street Ext., Jamestown, NY and is right across from Girts Road on the east side.

Gary Swanson said he visited the property today and there is a driveway with two houses down in the property.

Randy told the Board that he thought that Mrs. Servoss should come back to the Planning Board after she had her special use permit.

Randy told the Board that he from time to time issues written determinations that affect Planning and Zoning decisions that can be appealed within a certain amount of time. He is going to start filing some of those with the Planning and Zoning Boards. He has filed two with Chairman Evans tonight about complaints with signs. He said that one of the letters was concerning the K-Mart signs that are in the right-of-way and he has the authority to remove those signs. Another issue was resolved by analyzing the minutes of a Planning Board meeting and determined that an additional building permit was needed. Dan Evans said that he decided that he wanted to put side curtains on the patio even though he did not think he would have to at the time. He agreed to get the building permit and pay the fee.

Motion made by Steve Peterson, seconded by Phyllis Belin to adjourn the meeting at 7:42 PM.

Carried. Ayes - 7 Noes – 0 Absent - 0

__________________________________

Valerie Pierce, Secretary