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 10, 2007 AT 7:00 P.M.

PRESENT: Chairman Dan Evans, Gary Swanson, Ron Calanni, Dave Carlberg, Paul Shanahan, Robert Thomas, Attorney William Wright, Code Enforcement Office Randy Woodbury

ABSENT: Phyllis Belin

Chairman Evans opened the meeting at 7:00 PM.

Motion made by Dave Carlberg, seconded by Gary Swanson to approve the minutes of the December 13, 2006 meeting.

Carried. Ayes - 6 Noes - 0 Absent - 1

Kevin Petru presented plans for a modification of Starbucks Coffee Company’s site plan for 944 Fairmount Ave., W.E., Jamestown, NY that was approved in October 2006. When the corporate office reviewed the plans they suggested some modifications.

They are requesting:

1) changes in the elevation of the site – they tried to make the grade more consistent with what was originally proposed and approved by the Planning Board – they lowered the site on average by about a foot and brought the driveway slope onto the property with a grade of about 7.5% where it was originally 6.6% - they changed the orientation of the storm water system to keep the water away from the retaining wall – it still has the same surface area and volume as was originally planned

2) the design of the retaining wall – the corner of the wall was rounded off to improve the construction of the wall – the wall will be more stable if it is not mitered – it will be finger locked – it will look better aesthetically – the surface area of the wall will be reduced

3) a minor change in the landscaping – Mr. Petru explained on the original plan the patio in front of the store showed a decorative finish to the pavement stones that went all the way to the curb – they added some planting because the corporate standard is to allow plantings between the outside radius of the curb and the actual patio - the patio was cut back a little and it will be a positive with the extra plantings

They feel the changes will improve the site plan in a number of ways including snow stacking to improving the retaining wall. They will enhance the ingress and egress by making the grade smoother for vehicles entering and exiting the site.

Jeffrey Skurka and Bob Runge, RJR Engineering, reviewed the changes with the Planning Board. A letter dated December 19, 2006 was submitted to the Town certifying the storm water management plan was unchanged.

Discussion followed on the change in grading and the retaining wall. There will be no change in the lighting. Attorney Wright asked about the fence. Mr. Skurka said he had extended the wall and the fence all the way to the existing fence. He was not aware that area was going to be used for snow storage so he pulled the wall back to almost where is had been proposed in the original design and made the fence so no one would step off the wall. The grade was changed to be a 1 on 3 slope other then a 1 on 1.75 to a 1.2.

Phyllis Belin entered the meeting at 7:10 PM.

Attorney Wright reviewed the changes that were presented and asked if there were any other changes. The Board would not have to go through the entire checklist if the applicant can describe exactly what the changes are.

Changes would included:

1) the wall and fence

2) the elevations and drainage

3) the minor change in landscaping

Mr. Petru said there would not be any changes in the lighting, the outdoor buildings or signage. The Board had discussed all of the changes.

This application is for a modification to the original Site Plan. The Board reviewed the original EAF and determined the changes would not cause any changes to the environmental review the Board had previously done. The Board reviewed the EAF done on October 11, 2006 and determined the modifications would not change their findings.

Motion made by Gary Swanson, seconded by Bob Thomas making the determination there is no change in the environmental impacts.

Carried. Ayes – 7 Noes –0 Absent – 0

Motion made by Dave Carlberg, seconded Ron Calanni to approve the modification to the approved Site Plan for Starbucks Coffee Company, 944 Fairmount Ave., W.E., Jamestown, NY.

Carried. Ayes – 7 Noes – 0 Absent – 0

Chairman Evans signed and dated three sets of Site Plans showing the modifications.

Code Enforcement Officer Randy Woodbury told the Board about a grant the Town was working on for a scanner so plans could be scanned and also make them available on the web site.

Jerry Erickson, PE, presented a modification for the approved Site Plan for Thomas Shelters on property at 2553 South Work Street, Falconer, NY. He presented the original plan approved in 2002 and a plan for the modifications.

Mr. Erickson reviewed the plans with the Board explaining:

1) the buildings are a little different size – the total facilities to rent are almost identical

2) everything on the original plans has been built except the one unit

3) they would like to add an office at the end of one of the storage buildings

4) Mr. Shelters would be adding a septic system and a well

5) this soil absorbs more water then anticipated – the pond could be made larger now or later if needed

Dan Evans stated the water calculations were done based on a larger detention pond. He asked if the site had changed so much that the pond could be downsized and asked Mr. Erickson if he had the calculations and topals to attest to that.

Mr. Erickson told the Board he had provided a letter that stated the existing pond is adequate. All water on site is kept on site and is going into the pond. Mr. Erickson said that the pond is 30% of the original size. They could make the pond a little wider or longer or they could put some underground pipes in the area that has not been developed yet to increase the storage capacity. Mr. Erickson said he has never seen the pond more then a third full.

Randy said the neighbors were relatively happy. It has improved the water drainage onto their property. He said the County kept a close eye on it because they were skeptical but Mr. Spanos, Director of the County Department of Public Facilities, was happy with it. Randy said that putting storage underground would give him the ability to do more on the surface if he wanted to expand.

Mr. Shelters is requesting to sell used cars on this property. He is also asking not to build the complete perimeter fence. Randy said Mr. Shelters has a “use by right” to sell the used cars but needs to include it on the site plan. Randy said he was not comfortable with an extension of the pond that Mr. Erickson suggested. He would like as much area to drive around the buildings as possible. Randy said that the outdoor storage of vehicles was not clear in the first site plan approval. The area was approved for the pond.

Paul Shanahan said it bothers him that the pond was not built to the original specifications. He asked Randy if the pond could handle the water when the paving is done. Randy said based on Mr. Erickson’s calculations and the surprising percolation of the sub-soil (that was unknown at the time of the first site plan review) it will be able to handle it. He had concerns that Mr. Shelters might use the area approved for a pond for commercial storage.

Randy said he did not feel the perimeter fence should be waived. Mr. Shelters said he put the fence on the plan as a possibility for the future, but now does not want to put the fence up because he does not have any problems. Paul asked if it was stipulated that he needed the fence in order to do outdoor storage. Attorney Wright said the minutes said if there were any outdoor storage the fence would be a condition of the approval. Mr. Shelters stated that he could do away with the outdoor storage.

Mr. Erickson stated that the paved area had not changed, the DI’s or drainage had not changed, the privacy fence is up, and the access and egress onto South Work Street was the same.

Mr. Shelters told the Board he would defiantly be blacktopping more this summer. He will not be doing any repair of vehicles on the site but may wash cars on the site.

Randy said there is a provision in the code for a second opinion for the pond. Attorney Wright said the Board needs a first opinion from Mr. Erickson with storm water calculations. Mr. Evans said he would like to see topals for the site. Mr. Wright suggested the Board asked for a modified plan on a one-sheet document that complies with the site plan checklist. The Board wants a comparison of the completely pre-developed site, not at interim, to the completely paved site. The other option would be for Mr. Shelters to build it to the original approved plan.

There were no other questions from the Board and Mr. Erickson said there was no problem providing what the Board requested.

The Town received e-mail from Thomas and Donna Becker, neighbors on South Work St., Ext., Falconer, NY, stating they had concerns with:

1) the fence – need of a fence and a locked gate

2) more units were built before the fence was finished and a locked gate put in

3) semi-trucks parking there and running for hours during the early morning hours

Gary Swanson asked if Mr. Shelters had considered a locked gate. Mr. Erickson said if there is a perimeter fence and a locked gate there would be hours of operation. Discussion followed on the fence. The Board agreed that if there is any outdoor storage Mr. Shelters would need a perimeter fence that is totally secure. If he does not have any outdoor storage the Board would waive the perimeter fence.

Motion made by Paul Shanahan, seconded by Ron Calanni to table this application for Tom Shelters pending further information.

Carried. Ayes –7 Noes – 0 Absent – 0

Randy Woodbury informed the Board about a possible lot for sale on Howard and Royal Oaks. The person that wants to buy the lot lives in Lakewood and wants to plant pine trees and stack firewood. Randy explained to him that he could not have an accessory building without a residence. It is in a residential zone and he wants to store his wood there.

Attorney Wright said that would be an accessory use under the Town of Ellicott code and the Board agreed it was not feasible.

Motion made by Dave Carlberg, seconded Gary Swanson to adjourn at 8:15 PM.

Carried. Ayes – 7 Noes –0 Absent –0

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Valerie Pierce, Secretary