MINUTES OF THE REGULAR MEETING OF THE TOWN OF ELLICOTT PLANNING BOARD HELD AT THE ADMINISTRATION BUILDING, 215 SOUTH WORK ST., FALCONER, NY ON FEBRUARY 9, 2005 AT 7:00 P.M.

PRESENT: Chairman Dan Evans, Gary Swanson, Dave Carlberg, Phyllis Belin, Paul Shanahan, Attorney William Wright, Code Enforcement Officer Randy Woodbury and Secretary Valerie Pierce.

ABSENT: Ron Calanni and Mike Mogenhan.

Chairman Dan Evans called the meeting to order at 7:00 P.M.

Motion made by Phyllis Belin, seconded by Dave Carlberg to approve the minutes of the October 27, 2004 meeting.

Carried. Ayes-5 Noes-0 Absent-2

Chairman Evans asked Mr. Woodbury if Green Acres Enterprises Inc., LLC had withdrawn their application.

Mr. Woodbury told the Board he would remove this application from the agenda. There is some interest in the NYS Teachers Association to locate in the Town of Ellicott and are several parcels they are looking at but they removed Mr. Martiny’s parcel from their list of interest.

Steve Marchinson, with LRK Design Group, addressed the Board for B & L Realty NY for the site plan for an additional storage building at 2887 Strunk Rd., Jamestown, NY.

Mr. Marchinson explained the new pole barn would be 4334 SF. It will be used for the storage of lumber and will be open on the north side. He showed the Board what the elevations would look like. Mr. Marchinson said he did not have three sets of plans for the new building but said there would be no change in the paving and the drainage is in place. Mr. Woodbury said that they would have to present building plans to him and should notify the Fluvanna Fire Department of the storage of the materials. The building elevations will be on the stamped plans that Mr. Marchinson will get for Mr. Woodbury. The Board can go through the site plan review with the plat plan provided.

There was a variance granted for the building built in 2001 and the applicant was granted a variance for the new building at the January 31, 2005 Zoning Board of Appeals meeting.

B & L Realty had presented a letter to the Zoning Board of Appeals from the Humane Society that states they understand the project and are comfortable with it. Dan asked about the buffering. Mr. Woodbury told the Board with the Humane Society effectively signing off they have foreclosed on their ability to move closer to the line.

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Attorney Wright asked Randy Woodbury if he had a copy of the site plan from 2001. Randy said he did but they were upstairs in the attic. Mr. Cornell stated they have not made any changes to the site since the 2001 site plan. Mr. Woodbury said then the site is compliant.

In looking over the plans the Board noted:

1) the drainage would flow off the back of the property and it will be guttered into drains

2) they discussed green space

3) there will be no new lighting

4) no night time sales

5) the property is fenced in

6) the building is the same height (16’) as the building built in 2001

The Board went over the site plan checklist noting:

1) there is no problem with the drainage – the topals and catch basins are shown

2) no sewage disposal or water supply

3) no fire hydrants

4) no new signs

5) buffered areas are existing

6) no new outdoor lighting and no power to the building

7) the building will be used for storage

8) there is no landscaping or planting schedule

9) they would like to start the construction as soon as the weather permits and will take one month to complete

10) a variance was approved for the set back

The Board continued with the short form environmental assessment form. Attorney Wright stated this action does not exceed any type I threshold in 6 NYCRR, Part 617.4 and will not receive coordinated review. Attorney Wright stated this project was exempt from SEQR review for zoning purposes. The Board continued with Part II C noting this project will not have any significant adverse environmental impacts. The project will not have an impact on the environmental characteristics that caused the establishment of a critical environmental area. There were no neighbors present.

Motion made by Gary Swanson, seconded by Phyllis Belin making the determination this project will not have an adverse environmental impact and authorizing Chairman Evans to sign the EAF.

Carried. Ayes-5 Noes-0 Absent-2

Mr. Marchinson will bring in three sets of stamped plans to Mr. Woodbury. Chairman Evans will

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sign this plan but the new plans need to show the eve troughs. Mr. Evans will note that under his signature on this plan. Attorney Wright said the Board could require that the new plans show the lead lines into the current catch basin system as well. The Board is waiving the requirement for the calculation based upon the site is already paved in compliance with the pre-existing site plan.

Motion made by Dave Carlberg, seconded by Paul Shanahan to approve the plans as presented for B & L Realty Inc., LLC at 2887 Strunk Rd., Jamestown, NY with the following conditions:

1) modifications will be shown on the site plan for the eve troughs on said building bringing water into existing catch basins to keep on the property

2) the Board is waving the storm water calculations on the bases that this is a building being put over pavement that is in compliance with the previous site plan

Carried. Ayes-5 Noes-0 Absent-2

The applicant will not receive a building permit until the stamped copies of the plans are brought to Mr. Woodbury for Chairman Evans to sign.

Mr. Paul Battaglia, architect for Hamilton, Houston and Lownie in Buffalo, presented a sketch plan for a Greater Buffalo Savings Bank at 870 Fairmount Ave., W.E., Jamestown, NY.

The Greater Buffalo Savings Bank has its headquarters in the former Pierce Arrow historic auto dealership in Buffalo and have been building prototype banks based on that art deco styling. Mr. Battaglia saw the site for the first time today and they do have some preliminary ideas based on what they saw on the survey. He provided a copy of the survey and some copies of the proposed site plan.

He told the Board members this is the site of the former Dairy Queen on Fairmount and Jackson Avenues. They had proposed to keep the parking the way it is and the building the way it is except move the walk-in cooler onto the back of the building and have the drive thru in the back. Because they have an easement for the neighboring parcel they need to maintain an easement over to Jackson Avenue. They are looking to move the curb cut further north

Mr. Battaglia explained to the Board after walking thru the building what might additionally be involved.

Discussion followed on:

1) Drainage

2) the existing easements

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PAGE FOUR

3) the ingress and egress

4) the truck access

Mr. Woodbury will talk to Mr. Piazza about the truck access and easement.

Mr. Battaglia asked if they were to come back and put one of their prototypes on this site what would be the building requirements. Besides requirements IN the NYS building and fire code they would have to talk to the NYS DOT and the Town of Ellicott Highway Superintendent. Mr. Woodbury suggested they also talk to the Chautauqua County South and Center Sewer district because of their easement.

Gary Swanson asked if they were considering a whole new building. Mr. Battaglia said after walking through the building today he wondered if it would make sense to take the building down because of the stature of the building. Mr. Battaglia said existing building is 2500 SF and they have a 2000 SF prototype and a 3000 SF prototype. They are in a mercantile zone. Attorney Wright said that would no longer be compliant and they could not restore the parking lot right over to the boundary without variances. Attorney Wright said if they were to take the building out and change the topography they would be looking at a new variances. Buildings under 7000 SF the building require a set back of 20 feet.

Mr. Battaglia said there is an issue on the lighting of the ATM. The security light for an ATM, according to the banking commission, needs to be is a 5-foot candle, five feet above grade at 50 feet from the ATM. The Town of Ellicott site illumination standard is ¾ foot-candle at 20 feet. They have a direct conflict between the State’s banking commission and the Town’s regulation. Attorney Wright said that it would be an area variance issue. Mr. Battaglia will get the lighting requirements to Mr. Woodbury.

Peter Rudewicz with Massachio Architects in Buffalo, presented a sketch plan for 4 story, 70 room hotel located within the City of Jamestown with a private road located within the Town of Ellicott.

Mr. Rudewicz provided several drawings. The parcel is about 2 ½ acres and is located on West Oak Hill Road and Route 60. The other parcel that is contiguous to the parcel they are developing is 8 ½ acres. They have proposed a private road that is completely within the Town of Ellicott to come up through and divide the two parcels. They would be locating the hotel, all the associated parking as required and also looking to maintain all the detention on the site to the left as well.

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Dan Evans asked if they owned both parcels. Technically they do not. There are two partnerships and one partner from the one parcel is involved with the other partnership. Nothing has been determined as to the development of the one site beyond a basic scope to provide enough information for the SEQR process.

Mr. Rudewicz explained some of the requirement of the City of Jamestown. They wanted to come to the Town of Ellicott as a courtesy to at least begin to discuss it. They wanted to know if there was anything the Board might need from the standpoint of the road so they can address it in the preliminary design phases. They would like to address any issues that might prohibit this project from moving forward at a relatively rapid pace. There are time lines the applicant needs to address in order to keep the project on the table.

Mr. Evans asked if the main entrance would be on West Oak Hill Rd. Mr. Rudewicz stated the intent is to have a primary entrance off the access road. The access road would extend from Route 60 to West Oak Hill Road. Mr. Rudewicz said that is generating the need for a traffic study based from the comments from NYS DOT and discussions with the City of Jamestown.

There was not a plan to show the Board the opposite side of the road where the cemetery is. They are currently obtaining additional topography for Marvin Parkway. The access road is just off center with Marvin Parkway. The difficulty is there is an easement and homes there. Two of the three properties are for sale.

They are required to have County planning and the Town of Ellicott to review the plan as well as the City of Jamestown. They will be doing a traffic study and the additional topography.

Mr. Rudewicz asked if the Town of Ellicott would deem this as a site plan review process and if they would view this a joint effort with the City of Jamestown. Attorney Wright asked if they have any conversation with NYS DOT regarding bringing the driveway out in that relationship with Marvin Parkway. Mr. Rudewicz said he had spoke to them and has a meeting scheduled with them. There will be a visibility issue.

Mr. Rudewicz showed the Board a prototype of the hotel and gave the Board some background information concerning this project.

They have also considered potentially shifting this building completely into the Town of Ellicott, which would in essence create a full site plan review for the hotel as well as the road design. They wanted to know if that would be a possibility. They have a fairly high building and have not done a zoning analysis of the Town of Ellicott. He wanted to know if there would be any resistance.

Randy Woodbury asked if they have had any feedback for County Planning yet. Mr. Rudewicz

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PAGE SIX

said they will review the project. They had no issues except through the SEQR process they wanted the traffic addressed as well as talks generated with the County Highway Department. Randy said the County had to sign off on the project before this Board can do anything.

Attorney Wright asked who the lead agency would be and Mr. Rudewicz said it would be the City. Mr. Wright told him this Board couldn’t act until they completed until the SEQR review. Mr. Wright said that the biggest issues would not be Town issues but NYS DOT issues. Mr. Wright said this is not a road but a private driveway. Discussion followed on the road and if it would go through from Route 60 and West Oak Hill Rd. Attorney Wright told them not to include the entire road on the site plan if they do not intend to put it completely through. Mr. Woodbury recommended the traffic study should include a discussion with the Chiefs of Police of both Ellicott and Jamestown. Mr. Rudewicz said that is not unreasonable.

Attorney Wright said the Town of Ellicott does have to see the entire plan. They want to approve this in light of the whole project. The applicant will put together an accumulative package for the County, City and Town.

Mr. Woodbury said that if they decided to put the hotel in the Town it is zoned mercantile and there is no height restriction in a mercantile zone. Gary Swanson asked what would trigger the hotel to be moved to the Town. Mr. Rudewicz said that they need to keep this project moving and one of the things that are important is the June 1^st date to break ground. The process can take anywhere from 60 to 90 days depending on the required variances.

Mr. Bill Rice, the architect and planner for the City of Jamestown, told the Board that when it comes to the SEQR process it is their intention to seek lead agency at their February 15^th meeting. The process will be the same it they keep the hotel in the City or move it to the Town. The first thing is the 30-day window for seeking lead agency so the determination needs to be made quickly. He said they could act as co-lead agencies but it would make it difficult. Attorney Wright said he would not recommend a co-lead agency status whether it is built in the City or the Town.

Tom Thill, Core States Engineer, provided a sketch plan to add a members only gas station to the existing Sam’ Club on Fairmount Avenue.

The gas station is going into the existing parking lot and will be attended. He said according to the ordinances they are well within the setbacks requirements. He provided photos of the corner of the parking lot where the gas station is proposed. If they want additional signage they would need a variance.

Attorney Wright asked why they were not putting this in the out parcel. Mr. Thill told the Board there is a large drainage structure that goes through the property underground. Because the gas station is members only they do not put in out on the highway

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PAGE SEVEN

Mr. Thill said he was trying to find out if there would be any issues or concerns about this site plan. The hours of operation would be the same as the store hours. Attorney Wright said the site plan review would cover the lighting, the building code will cover the canopy and buildings and NYS DEC regulates the tanks and all the underground piping, weights and measures is the pumps and landscaping will be site plan. There is existing buffering but they are willing to add more buffers. They do not feel it will impact traffic because of the member’s only aspect. The customers are predominantly ones that are already at the store.

Mr. Thill has the site plan checklist. Mr. Woodbury wanted Mr. Thill to be aware that he is requiring that any conduits underground through the pumps and service electrical panel in the building all be continuous metal pipes. They have discovered some problems with some plastic pipe. Mr., Thill said he thought that was their spec anyway.

Dave Carlberg asked is this would be entirely on the existing parking lot. Mr. Thill said they might expand it 20 feet where there is no parking now to put some parking to offset some of the parking they will be losing. The Board suggested they not have the additional parking because they do not need it and the process will be much easier.

Mr. and Mrs. Robert Perry, 26 Wellman St., W.E., Jamestown, NY asked the Board what they needed to put his commercial garage on their property.

The garage will be no larger than 30’ x 30’ and probably will be 30’ x 18’. Randy Woodbury said this would become a property with a mixed use of residential and mercantile. It is in a mercantile zone.

Dan Evans asked about the regulations for garage as far as South and Center Sewer District is concerned. Mr. Woodbury said they have to meet all the discharge requirements of the sewer district. Attorney Wright explained they have to go through the site plan review and Randy can give them the site plan checklist. They will have to present a site plan with the building elevations, topographical map of the property, the driveway layout, the number of parking spaces, exterior lighting, hours of operation, and any vegetative cover. They must have an architect or engineer to work with and stamp the plans. Randy will give them a developer’s disk with all the regulations on and a list of architects and engineers that like to do small projects.

Mr. Perry is now working out of the Village of Celoron on Chicago Avenue. The owner has rented the other part of the building to someone that has a rock and roll band that disturbs his business. Mr. Perry wants his business on his property.

Randy Woodbury explained that Robbie Schultz had to leave but would be back. He told the Board that Mr. Schultz has is a development that is primarily in the Town of Poland. He is going

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to have a used car sales at the route 380 bend across from George’s Junction. Phyllis Belin said that there is a dangerous driveway there and will be worst without the stop sign. The zoning is Industrial. Randy said he could refer this to the County based on what he has to get it started. Whatever is happening in the Town of Poland should have been referred to the County and should have already asked the Town of Ellicott. Gary Swanson said there has been businesses there in the past.

The Board said since Mr. Schultz has probably already done the site plan for the Town of Poland he can just expand on what was done for them. Randy will refer this to County Planning.

The Town Board has requested that the Planning Board look at rezoning on Route 60 and West Oak Hill Road (Mercantile Zone IV) and also property on Route 394 Mercantile Zone II).

The Board had a lengthy discussion on the rezoning. The Board decided that since the 900-foot buffer was put in to protect the residents on West Oak Hill Road and they did not want the commercial to be on West Oak Hill Road they should not change the zoning. Mr. Woodbury said there is a potential project that would require that extra property to be rezoned. The Board did not feel it should be rezoned before the developer comes to the Board.

The Board discussed the rezoning on Route 394. This property was to be rezoned back in 1984 but the local law was never filed with New York State. It was indicated in the Town Board minutes that a public hearing was held. Randy said there is no description of the property that was to be rezoned. There is nothing in the code rezoned for the motel or the bank.

There is a possible sale of property now but they want the ambiguity cleared up because it will only sell as a commercial property. Falconer Realty is requesting this be cleared up. Mr. Woodbury said he feels this need to be done to fix a technical error.

There was more discussion on the rezoning on Route 60 and West Oak Hill Road. They Board felt that since the 900-foot buffer was put in for the protection of the residents it should not be changed without any compelling reasons.

Motion made by Dave Carlberg, seconded by Paul Shanahan not to alter the existing zoning at Route 60 and West Oak Hill Road absent compelling reasons for the change.

Carried. Ayes-5 Noes-0 Absent-2

The Board felt that it was the intention of the Town that the property on Route 394 is mercantile and it was just a clerical error.

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Motion made by Dave Carlberg, seconded by Paul Shanahan to rezone the property on Route

394 correcting a clerical error.

Carried. Ayes-5 Noes-0 Absent-2

Robbie Schultz addressed the Board on his project. He explained he had a project going on in the Town of Poland. The building is entirely in the Town of Poland and he has purchased additional 5 ½ acres that will not be developed. He would like to put some lighting within the Town of Ellicott.

Mr. Evans said that the lighting would come under the site plan review. Mr. Woodbury asked if he did a site plan review for the Town of Poland. Mr. Schultz said there was no site plan requirement and they did not refer this project to the County Planning.

The Board told Mr. Schultz he would have to do a site plan. Attorney asked what would be in the Town of Ellicott. The lights will be in the Town of Ellicott and additional parking with cars and trucks parked.

Mr. Woodbury told Mr. Schultz that he would refer this to the County Planning. Attorney Wright told him that if he keeps his project totally within the Town of Poland he does not have to be here but if he comes into the Town of Ellicott for any mercantile activity it has to go through the site plan process. He would need to get his application in 10 days prior to the meeting.

Motion made by Dave Carlberg, seconded by Phyllis Belin to adjourn the meeting at 9:34 PM.

Carried. Ayes-5 Noes-0 Absent-2

________________________________________________

Valerie Pierce, Secretary