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 FEBRUARY 21, 2007 AT 7:00 P.M.

 

PRESENT: Chairman Dan Evans, Ron Calanni, Dave Carlberg, Phyllis Belin, Paul Shanahan, Robert Thomas, Attorney William Wright, Code Enforcement Office Randy Woodbury and Secretary Valerie Pierce

ABSENT:  Gary Swanson

 

Chairman Evans opened the meeting at 7:05 PM.

 

Motion made by Dave Carlberg, seconded by Paul Shanahan to approve the minutes of the January 10, 2007 meeting.

 

Mr. Jerry Erickson, PE, for Thomas Shelters told the Board that Mr. Shelters was sick and requested they be on the agenda for next month.

 

Chairman Evans stated it would remain on the table until next month.

 

Robert W. Van Every, Attorney, addressed the Board on behalf of Audrey Buck.  She is requesting site plan review for the installation of additional parking and interior remodeling at 471 Fairmount Ave, W.E., Jamestown, NY 14701 to be used for an Occupational Therapist Office. 

 

The Board had been provided with a site plan and a letter addressing some of the issues of the 28 points in the site plan review in Section 121 of the Town of Ellicott Zoning and Planning Code from Mr. Jerry Erickson, PE. 

 

Mr. Van Every, Attorney Wright, Mr. Erickson and the Board members reviewed the plans noting:

1)    the plan is in compliance with the site plan checklist except the scale is 1”to 20’ instead of  

                  1” to 200’

2)    the existing parking is now in front of the garage – the proposed parking will enter in the

                  same apron off Hanford Ave.- it will be paved

3)    Mr. Erickson said the Zoning Board had requested a 20 foot buffer between the professional office zone and the residential zone even though Mrs. Buck does own both parcels – the plantings shown on the plan will be new – Mr. Woodbury said the plantings are as specified by the Zoning Board of Appeals

4)    the BPU has taken down the guy wire – Mr. Evans asked if they would have an extended curb cut – Mr. Erickson stated there is not a curb there – Randy Woodbury said he would cover the driveway with the building permit

5)    the footprint of the house will not change – Mrs. Buck wants to change the garage – she does not want to have garage doors – Mr. Erickson provided an elevation drawing, where the garage area is, entering in off the South Hanford side

6)    the exterior lighting – there will be lights by the new entry door – the lights may be on the wall or in the ceiling of the entry – there would not be a motion detector – there would be no other security lights or pole lights

7)    Mrs. Buck does want to put a small roof out 2’ to 3’ over the door for protection in bad weather – the posts may not be there if they are in the way of the parking

8)    hours of operations will be 8:00 AM to 5:00 PM - she might have an occasional early evening appointment – Mr. Van Every said she indicated at the Zoning Board of Appeals that she might be there till 5:30 PM or 6:00 PM – normally she will not have any appointments on the weekends – Attorney Wright said the minutes of the Zoning Board meeting said her hours of operation would be Monday through Friday 8:00 AM to 5:00 PM and she would have no Saturday or Sunday hours - she would have approximately 8 patients but could have up to 16 patients per day – she will have 2 employees, an office person and an OT assistant, which accounts for the five parking spaces 

9)    Attorney Wright said the applicant received the area variances that were necessary to convert this property from residential to commercial use with the existing structure that currently does not meet the setbacks – the applicant received area variances on both sides of the property and on the front – it was, as Mr. Erickson had stated, a requirement of the Zoning Board of Appeals to add the 20 foot buffer and to keep the buffer on the property that is commercially zoned – it will separate it from the residential property even though Mrs. Buck owns the residential property- Randy said Mrs. Buck would not orphan the residential lot – it would become additional buffer

10) pedestrian access would stay the same in the front – the handicapped entrance would be in the back so the ramp would be unnecessary 

11) the utilities would stay the same – public water, sewer, electric and gas

12) there is a fire hydrant on Butts Ave and one behind it on the corner of Hanford and Woodworth

13) Mr. Erickson provided an aerial photograph

 

There were no neighbors present for this application.

 

The Board continued with the site plan checklist noting:

         1)   the plan was stamped by a licensed engineer

2)   the scale is 1” to 20’ instead of 1” to 200’

3)    the boundaries of the property are plotted to scale

4)   existing buildings are shown

5)    the property is level – the parking area will be 10’ by 40’

6)    the water will run off to the buffered area in the back

7)    the Board would waive the storm water management plan due to the fact there is virtually no modification to what is existing

8)    the exterior dimensions of all buildings are shown

9)    the new parking area will be paved

10) there are provisions for pedestrian access – walkway in front and handicapped entrance in back

11) there will be no outdoor storage

12) no fence

13) all the utilities will be the same

14) method of securing water is the same and is provided by Jamestown BPU

15) one fire hydrant is located on the corner of Hanford and Woodworth – one is on Butts

16) no changes in energy distribution

17) Mrs. Buck would like a sign out front – a compliant non-illuminated sign will be placed in front of the porch – the sign will require a separate permit from Mr. Woodbury

18) all buffers and vegetative cover are shown

19) there will be pole lights – some under canopy lights for the entranceway

20) no retail sales

21) the trees will be put in during the time of the paving of the parking lot

22) construction will start as soon as Mrs. Buck gets the permit and wants to be in by August 1, 2007

23) no permits are required from any other governmental bodies

24) the Town has a copy of the County Planning referral on file 

25) no proposed easements, restrictions or common ownerships

26) an aerial map was provided by Mr. Erickson

27) the Board will waive the map of site topography – the arrows shown on the pavement surface indicate water flow direction

28) no other elements to the proposed development were required by the Planning Board

 

David Carlberg asked about handicapped parking. Mr. Woodbury said the requirement is to have one handicapped space out of every 25 parking spaces so they would be required to have one.  That might create a parking issue. Discussion followed.  Attorney Van Every asked who enforced the handicapped parking.  Attorney Wright suggested they mark the handicapped parking space. Mr. Erickson said if you mark “handicapped only” it is restricted.  Mr. Evans said they could make the sixth parking space in the back and the employees can fit in the space even though it will be tight.

 

The Board continued with the EAF short form provided.  Attorney Wright stated this action does not exceed any type I threshold in 6 NYCRR, Part 617.4 and will not receive coordinated review.  The Board continued with Part II C noting:

1)    the ground was level and that only 10’ by 40’ of the ground is being disturbed

2)    the property is in a professional office zone

3)    Attorney Wright stated the project will not have an impact on the environmental characteristics that cause the establishment of a CEA

4)    there was no controversy related to potential adverse environmental impacts

 

Motion made by Ron Calanni seconded by Phyllis Belin declaring that this proposed action will not have any significant adverse environmental impacts and authorizing Chairman Evans to sign the EAF form on behalf of the Planning Board.

 

Carried.                          Ayes – 6                           Noes – 0                      Absent – 1

 

No neighbors were present and no correspondence was received by the Town Clerk’s Office. by Ron Calanni to approve the site plan for Audrey Buck for the installation of additional parking and interior remodeling at 471 Fairmount Ave., Jamestown, NY for an Occupational T

 

Motion made by Paul Shanahan seconded herapist Office as presented with the following conditions:

 

         1) Mrs. Buck will have a compliant non-illuminated sign placed in front of the porch

    as noted on all three sets of site plans

2) the Board is waiving the storm water management plan

3) the Board is accepting the arrows on the site plan in lieu of the contours

5)    there will be at least five parking spaces with one space being designated as a handicapped space

 

Motion made by Dave Carlberg seconded by Phyllis Belin to adjourn the meeting at 7:47 PM.

 

Carried.                        Ayes – 6                               Noes – 0                       Absent – 1

 

 

_____________________________

Valerie Pierce, Secretary