MINUTES OF THE REGULAR MEETING OF THE TOWN OF ELLICOTT PLANNING BOARD HELD AT THE ADMINISTRATION BUILDING, 215 SOUTH WORK ST

Preliminary Draft/Unapproved Minutes

MINUTES OF THE REGULAR MEETING OF THE TOWN OF ELLICOTT PLANNING BOARD HELD AT THE ADMINISTRATION BUILDING, 215 SOUTH WORK ST., FALCONER, NY ON MARCH 10, 2004 AT 7:00 P.M.

PRESENT: Chairman Dan Evans, Gary Swanson, Ron Calanni, Becky Holmstrom,Dave Carlberg Phyllis Belin, Attorney William Wright and Code Enforcement Officer Randy Woodbury.

ABSENT: Mike Mogenhan.

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

Motion made by Gary Swanson, seconded by Dave Carlberg to approve the minutes of the January 14, 2004 meeting.

Carried. Ayes-6 Noes-0 Absent-1

Rex Tolman, engineer for Kingsview Enterprises, Inc., presented the Board with a long form EAF and a list of concerned agencies. They would like a co-coordinated review and requested the Planning Board be the lead agency. He will send letters to the concerned agencies for the Planning Board.

Attorney Wright told Mr. Tolman that NYS DEC is the only involved agency and would be the only one to receive a lead agency status letter. Mr. Tolman said they like to send letters to potential affected agencies because it helps with filling out the EAF.

Attorney Wright stated that the municipality or agency that would like to declare themselves lead agency should be the transmitter of the letter. Mr. Tolman said he has done this for the Town before and Mr. Wright said he believed that was when Mr. Tolman had a relationship with the Town, which he no longer has. Mr. Wright does not want anyone to have an argument with the way it is done.

Attorney Wright would like the Planning Board to make a motion to authorize Chairman Dan Evans to send a letter to NYS DEC, the only other agency that he feels is an involved agency, stating their intention to declare themselves as lead agency and sent it along with Part I of the EAF. He said if Mr. Tolman wanted to send it to the other interested agency that would be a perfectly good idea.

John Rauh, owner of Kingsview Enterprises Inc., asked if the other agencies would be able to come back and have a problem with it. Mr. Wright told him that under SEQRA the only one that can object to the approval is anyone that has approval authority. Discussion followed on if Dow Street was a County Road and if the County had any involvement in this project. Dow Street is a Town Road.

PLANNING BOARD

MARCH 10, 2004

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Mr. Tolman provided the Board with copies of Storm Water Pollution Prevention Plan. They are not disturbing over one acre.

Mr. Tolman gave an overview of the project. He explained there would be very little disturbance because the bulk of the site is concrete floors that have been left and really compacted gravel. They will be setting the asphalt plant on top of what is there. They will put in a 10-foot grass swale all the way around the site. There are less than 2-foot contours across the site. They will have more than 12% green space. They will put an asphalt plant on the 3.6-acre lot and than potentially adding a drum asphalt plant on the 2.8-acre lot. Also long term they are leaving provisions to add a 40’ by 60’ shop. There is an existing 40’ by 100’ building on the site they will bring up to code and use. There will be an entrance off Allen Street and an exit onto Dow Street. This would be a good location for the asphalt plant with a similar operation next to it.

Gary Swanson asked about noise and order. Mr. Rauh stated NYS DEC over sees the emissions regulations.

Attorney Wright stated there was some concern with the letter received from the County Planning Department. They refer to this as a 100’ X 150 ‘ asphalt plant and this project affects 6 ½ acres with the two plant and stockpiles and additional buildings. The Planning Board would like to send a copy of the plans to County Planning. Mr. Woodbury stated that County Planning had plans that indicated the total site would be used as an asphalt operation.

The Planning Board reviewed the site plan checklist noting:

1) they are not changing contours

2) if the additional buildings are not built within one year the applicant would have to come back to the Planning Board to modify the site plan – the Planning Board needs to see the elevations of the building and lighting – Mr. Wright suggested they submit an as built package of the building

3) there will be truck parking on the north side but it is not designated

4) property is industrial zoned

5) dumpster needs to be located on plans

6) utilities will be provided by Jamestown Board of Public Utilities – Mr. Woodbury noted that some sewer lines needed to be capped

7) signs are shown on the plans

8) there is a 10 foot buffer strip around the site

9) lighting shown on plans

10) planting schedule was provided

The neighbors had been notified and there were no neighbors present.

There was discussion on drainage and Mr. Woodbury stated the Jamestown aquifer was below it. DEC will review that.

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Motion made by Gary Swanson, seconded by Phyllis Belin to direct Chairman Evans to execute a letter directed to the only identified involved agency which is the NYS DEC declaring the Planning Board’s intention to take lead agency status and sending a copy of the long form EAF.

Carried. Ayes-6 Noes-0 Absnet-1

Mr. Evans listed the items that were missing on the site plan:

1) the building elevations and the lighting

2) the dumpster location

3) the Jamestown BPU should be notified to cap off the open sewer lines

Discussion followed on the date of the next meeting. The Board set the meeting for April 21, 2004.

Richard J. Catanese, Sr. requested a sketch plan conference for a car dealership at 3990 Falconer Kimball Stand Road, Jamestown, NY.

Mrs. Cantanese briefly described what they want to do. Mr. Woodbury explained what brought the applicant to the Planning Board was the business has been vacant for several years. It was last used as a dance hall and retail business.

Mrs. Cantanese checked with the County Health Department and the sewer was OK. She said the County Highway Department said the entrance and exits were OK. They park their equipment there and the Cantaneses do not have a problem with that.

Mr. Cantanese does no repair work only detail work on the vehicles. He stated there are other car dealerships in the area.

Discussion followed on:

1) additional asphalt paving – there will no additional paved area

2) lighting will be on the building

3) they will put a sign over the existing sign

Mr. Woodbury told the Board members that one of the driveways is in the Town of Gerry. He introduced Allen Gustafson, code enforcement for the Town of Gerry. He will take it to the Town of Gerry’s Planning Board to see if they have any concerns.

Attorney Wright reviewed the section of code concerning the change of use and told the Board they can deem any part or the entire site plan unnecessary.

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MARCH 10, 2004

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Attorney Wright asked the applicant if he bought the property. Mr. Cantanese said they are buying the property under land contract. They provided a survey of the property. The hours of operation will possibly be 7:00 AM to 7:00 PM but this will be a part time operation at the present time.

Attorney Wright would like the Board to require at a minimum a detailed survey of the property noting the existing building, parking and curb cuts, lighting, signs and schedule this for site plan review and notify neighbors. The Board members agreed and asked Mr. & Mrs. Cantanese to apply for site plan review. The Town then has an enforcement tool if they decided to change anything at a later date.

Motion made by Gary Swanson, seconded by Ron Calanni to adjourn the meeting at 8:25 PM.

Carried. Ayes-6 Noes-0 Absent-1

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Valerie Pierce, Secretary