May 13, 1997

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 MAY 12, 2010 AT 7:00 P.M.

PRESENT: Chairman Dan Evans, Phyllis Belin, Ron Calanni, Steven Peterson, Fred Santucci, Paul Shanahan a= nd Attorney William Wright Jr., C= ode Enforcement Officer Randy Woodbury and Secretary Valerie Pierce

ABSENT: Gary Swanson

Chairman Evans opened the meeting at 7:00 PM. =

Motion made by Ronald Calanni, seconded by Fred Santucci to approve the minutes of the last meeting, April= 7, 2010.

Carr= ied. &= nbsp; Ayes - 6 &nbs= p; &= nbsp; Noes- 0 &= nbsp; Ab= sent- 1=

Chairman Evans opened with a proposal to restrict the number of dogs that an owner may have without a special permit as defined under a kennel code.

Brooke Colley, 50 Babcock Av.:= Concerned because she has four dogs and wants to know why we need mo= re rules.

Chairman Evans: Falconer has an ordina= nce for no more than 3 dogs, Celoron has ordinance for no more than 5 or more d= ogs or cats for six months or older without kennel license.

Atty. Wright: The Town Board has ask= ed the Planning Board to make a recommendation as to whether or not the term kennel should be defined in the code, under Sec. 146.15 Special Permit Uses in the= Ag. Res. district.&= nbsp; The Code states you can have a kennel by Special Use Permit. There is no definition of what a k= ennel is.

Chairman Evans: There are two villages within the Town and we should abide by what they are doing right now. We should go with the max of four = (4 dogs). Five (5) would enact a kennel license. This pertains= to sheltering or boarding dogs. =

Paul Shanahan: Hasn’t talked to= one person who is in favor of having a limit on dogs without kennel license. He agrees that commercial kennels = need regulation. He feels it’= ;s a further erosion of people’s property rights. He recommends that the Town Board = not do this.

Ran= dy Woodbury: We do have a way to co= ntrol the number of dogs by using “customary accessory use or number”. It is generall= y not more than 5 dogs per property in other municipalities. The kennel license through a Speci= al Use Permit defines the dog owner rights. Application could be viewed on case by case basis.

Roger Loe= wenheim, 434 Orchard Rd: Wanted to know procedu= re to get kennel license.

Atty. Wright: This has nothing to do= with a kennel license; it is about obtaining a Special Use Permit. It has nothing to do with licensing. =

Randy Woodbury: Appearance fee for no= n-commercial Special Use Permit is $75 for the first appearance for residential non-commercial. It could be d= one for less and for a period of up to ten (10) years. Commercial is $200 for initial, re= new is $75.

Brooke Colley: She feels the dog ordi= nance is complete and gives the town all the tools they need to take care of the = dogs and problems.

Randy Woodbury: The Zoning Board analy= zes these case by case and does an excellent job of doing this. Without the Special Use Permit, th= ere would be no process for someone with a large number of dogs to allow them to have that number of dogs because it is not a customary number of dogs. They have a little more protection= with the Special Use Permit and it grants them extra rights. It gives them a process.

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;font-family:Arial'>Atty= Wri= ght: The Special Use Permit= is for the protection of the neighbors and for demonstrating that the use is no more offensive to neighbors by reason of noise, fumes, vibrations, or whate= ver. If she can keep 10 dogs in her hom= e and care for them properly under Ag and Markets Law and pass the inspection of = the Zoning Board of Appeals she could have 10 dogs.

Motion made by Dan Evans for a description of a kennel to be added to the Town Code, seconded by Fred Santucci.: Any premise on whi= ch 5 or more dogs over six months of age are housed, groomed, boarded or trained would constitute a kennel.

Rejected. = &nb= sp; Ayes - 3 &nb= sp; = Noes - 3 = &nb= sp; Absent - 1

Chairman Evans opened discussi= on on the expansion of the industrial zone on the property of Elmwood Ave. and Harmon Ave., Falconer NY for SKF expansion. Rodney Drake and D= avid Rhinehart from Habiterra,= site designer, and Bob Nordine, architect, were pres= ent.

David Rhi= nehart: SKF is looking to expand. Within the Town footprint, will be a research and development buildi= ng and a storm water detention facility for the entire development. One developer for the entire project. The detention proper= ty is owned by SKF. There will be a= lease agreement between the developer and SKF.&n= bsp; An explanation of the
Site Plan was given. Parking = for the new building will be in the existing SKF parking lot. There will be fencing and gates. There will be planting for screeni= ng and minimal lighting for security.

R. Drake: The parking for the heat treat building will be using existing SKF l= ot so they will not be using = Harmon Ave. The 40 employees using the new office building will be using Harmon Ave.= There will be approximately 4-5 pa= nel trucks and 8-10 semis going to the receiving dock every day.

D. Rhineh= art: Storm water design is= being done by a company in Buffalo. The flow rate leaving the site now= will be slightly reduced.

R. Drake: The block walls will be insulated for noise reduction. Roof R- 30. Nothing near the resid= ents will generate noise in the production facility. The production will be about= 450 feet away from closest residents. The new building will be a block for noise from the existing building. They have done every thing they can to address production noise.

Frank Lam= arca, 1871 E. Elmwood Ave: He is pleased and just wants to be certain the neighbors are protected.

D. Rhineh= art: The modifications of t= he plan have removed the need for the requested rezoning, but they are still leaving the rezoning issue on the table.&n= bsp; They still would like the property that they now own to be zoned commercial. No doors will be = on the North facing towards Elmwood.

R. Drake: The parking has been m= oved so the rezoning is not necessary for the Site Plan approval. May 19^th Habiterra will be going before the Village for Use Variance. Habiterra will be working with the Falconer Fire Dept. to insure proper fire hydrants &= ; 20 ft hard surface around the building. Full Site Plan presented to Ellicott on June 9, 2010. SEQR will be complete. Heat Treat building is scheduled t= o be enclosed by Nov. 3. Equipment arrives at that date. Coordin= ating with IDA and County Planning. The County has preliminary drawings done early on. No opposition to rezoning as long = as it doesn’t hold project up.

R. Woodbury: He will need to submit= plans to County because of the 500 feet of Village /Town border. A fence higher than 6 feet would r= equire an Area Variance (the chain link will be 6’ and barbed wire will make= it higher). They may want to pur= sue rezoning. Special conditions = may be desirable and could be applied. The residents may want to do this. The building is 20 feet from the residential/industrial zone and they are requi= red to have a 10’ buffer between the building and a hard surface. Without rezoning, a Special Use Pe= rmit may be needed since fence is in residential area for industrial use if not rezoned.

D. Rhineh= art: The buffer is in residential. It was understoo= d that the driveway could go to the zoning line.

Atty. Wright: Inquired as to why the fence was set on neighbor’s line and no= t on the zoning line.

D. Rhineh= art: As we understand it, t= he insurance company that governs SKF said they want their property protected = to the property line. The fence = is in line with current facility. T= here are certain government restrictions since they make bearings for the government.

Chair Evans opened discussion = of Heritage Ministries development, Hunt Road and Southwestern Drive. David Smeltzer of Heritage Ministries, 3017 N Main St. Jamestown, and Don Sennett of Abate Engineering were present.

D. Smeltzer: Pres= enting first phase of planning process for construction of six assisted liv= ing units and combination of skilled nursing facilities. 12 residents each. Also, some potential independent l= iving units at a future date. They = would be approximately 8,000 sq ft each and at present are proposing only 3. Each unit would contain residences= for 12 people in private rooms with a shared living, dining and kitchen area. The people residing there would be served meals and taken care of in those units. There would be very few, if any commercial activities involved in the process. Their goal is to make everything as residential as possible for long term and senior care. This is phase one which includes 3 residences of the total 6 approved by the Zoning Board for Use Variance. We have been approved for more tha= n we will probably put on the site.

D. Sennett: 2008 Special Use Permi= t for layout at that time. Since th= at time the area of development has been greatly reduced, due to the location = of Federal wet lands. Some are u= nder review by the Court for exclusion because of their quality and not being connected to water of the United States.= Phase I involves three buildings and a driveway. The remainder of roads shown are f= or feasibility of roads being installed in the future. The storm water management, wet po= nd will have two discharge points. Th= e pond is currently sized to take development of full build out. They wanted to limit the amount of= water flowing out from the larger storms. The storm water originates at the top of the hill. The entire site is = zoned residential. The property fac= es both Hunt Rd= and Southwestern Dr. Never plans for access on Hunt Rd. The only access from Hunt Rd. was for utility corridors.= Everything will come off of Southwestern Dr. if more development takes place.

Sewer line will cut through one wet land; the wet land is not being considered for removal from the delineation at this time.= They will have to get a permit from the Army Corps of Engineers to c= ut through the wet land. The oth= er two wet land areas are currently under scrutiny by the Court. If they are determined to be high quality wet lands, they will have to reroute the sewer. At this time, they are confident t= hat they will go away. At this ti= me, this is the only utility going to Hunt Rd. The connection is the South and Center Sewer District. It is a private sewer for the enti= re length but it will go to S & Center for approval.

The = road is a private drive, approximately 20 ft. wide paved surface. Side ditches, normal crown. Storm water on site is a combinati= on of open ditches and closed piping.

There are two water systems one along Hunt Rd (low pressure) and one along SW Dr (high pressure, moderate flow). Both operated by Jamestown BPU. 840 gallons/minute available at SW Dr. This will allow for peak flows to each of the homes. There will be sprinkler buildings.= The fire flow has been calculated = at 350 gal. /min with hand line of 250 gal/min.&n= bsp; Hydrant on site. Large= fire meter proposed to pay BPU for fire.

Gas service will be off of SW Dr., electric off of SW Dr. Southwestern is Nationalgrid, Hunt Rd. is BPU. Because they face SW = Dr. they will be on Nationalgrid.

Park= ing. It’s a residential zone. No requirement for number of parki= ng stalls because it is a non-commercial site. They are at this point proposing 3 stalls for guest parking per building.&nbs= p; 3 spaces in front of the building, there is a garage door for storage. Those three spaces a= re for employees. If more needed, th= ey can be expanded. Accessible handi= capped space in front of every building.

The buildings are going to be the same. A nurse will visit one or two of the buildings during the day. Minimum amount of grading will be done. The buildings will be 1= 50 feet away from the south property line and 200 feet away from the north property line. A buffer of th= e pond and wet land will be on the two sides.&nbs= p; It was a restriction of the permit that the buildings be 100 feet aw= ay from the other residents.

Entr= ance detail. It’s a resident= ial entrance with 27 cars for employees and a maximum of 50 cars per day is expected. This is a very high estimate.

The overall dimensions of the building are 126’ x 105’. The area in the rear will be a pat= io with walkways and extensive plantings around the building. The actual number and location of = plants hasn’t been determined as yet. The majority will be a residential look.

They will be developing about 7 acres at this time.

Roger Low= enheim: Inquired about taxes, = water pressure (will the water pressure be affected on SW Dr.) and the estimated = 50 vehicles per day. He feels th= at is a lot of traffic with the school buses.&nb= sp; Also, traffic speeds down SW Dr and doesn’t slow down until needing to stop at intersection.

D. Smeltzer: Water pressure will be reviewed by the BPU. He highly doubts that there will be 50 cars, only the workers and a few visitors. This is not a nursing home; it is assisted living so there are much fewer visitors.

R. Lowenh= eim: Is a left turn off of = SW Dr. into there. He feels there is= a traffic problem coming down the hill.

D. Smeltzer: This will be submitted= to the County and they will look at all of this. There are numerous driveways. There is a cemetery across the street.

Carl Scar= pino, 535 Orchard Rd: He has same concerns as Roger, but in particular, he is concerned about the tax issue. It is a Town Board issue. He feels we are overindulged in ta= x free facilities.

Kathy Johnston, 449 Orchard Rd: Wanted to know if there would be a reason to have a drive onto Orchard Rd. They own no property on Orchard Rd.= and would keep 100’ away from the line.&= nbsp; The majority of this site is not buildable because of the terrain and because of the physical limitations of the residents.

D. Smeltzer: They have not worked o= ut the details for lighting. Because= it is of residential nature it would be very similar to someone’s home. There may be down lighting around = the building. No desire to = put in more lighting than needed to keep people safe. There are no large deliveries expected. The laundry will be= done in house. The residents will = be permitted to have vehicles. These facilities will be licensed as Assisted Living and Assisted Living Program which means they can have a higher level= of care than is allowed at H= eritage Village. Hopefully 36 of the 36 will fall u= nder the State Medicaid program reducing the number of people that receive Medic= aid in the nursing home at $150/day and putting them in one of these proposed facilities at $50/day. They w= ill take 20 skilled nursing beds out of the system and build 36 of these, 30 of which will be reimbursed by Medicaid. The savings to Medicaid will be $750,000. This should help the County taxes.=

Dawn Calamari, 525 Hunt Rd: What is the time fram= e on the first phase of development? What will we be looking at for the next phase?

D. Smeltzer: Construction may star= t late summer or early fall and would extend into spring of 2011 with occupancy th= at summer. If there is a demand = for the duplexes they will come back in with more plans. If more assisted living is needed = that may be the next phase. Future growth will depend on financial feasibility studies, and as to who wants wh= at type of unit. Future growth on assisted living facilities depends upon receiving a $5,000,000.00 grant from the State. There is no capitol reimbursement on assisted living units.&nb= sp;

These are exactly the same buildings for skilled nursing care as for assisted living. All will be one floor= , and a little under 8,000 sq feet, counting the garage.

D. Sennett: They have a Special Us= e Permit which specifies a certain number of buildings and they can not exceed that without more requests and Permits. It was based on not having as many wet lands. Each new phase has to come before = the Board. The retention pond is = about 40-50 feet from the line. The actual wet pond is 50 feet. <= o:p>

C. Scarpi= no: Is this going to be a secured building where alarms go off if someone leaves the building? <= /o:p>

D. Smeltzer: Not audible, not that = you would hear.

C. Scarpi= no: If residents do not h= ave vehicles, how do they get to appointments?

D. Smeltzer: They will provide transportation (at no charge) to appts., grocery store, banks, and church etc. There will be a van providing transportation two to three times per day. They try to group them for cost ef= fectiveness.

Atty. Wright: They filed a short fo= rm SEQR.

D. Evans: For the acreage they h= ave they need long form SEQR.

Atty. Wright: Questioned why this isn’t a Type I action for SEQR. Disturbance of 10 or more acres is a Type I action. Ultimately this is over 10 acres.<= span style=3D'mso-spacerun:yes'> They should look at the whole proj= ect for the environmental. Then d= o in phases.

D. Sennett: The phases in the full= build out need to come back for review because of current regulation.

Atty. Wright: This Planning Board ca= n not approve the environmental for this site without considering all of the environmental for the current and accumulative effects of what may be there.

D. Evans: We need to see whole p= roject and accept phases of it.

Atty. Wright: If you establish param= eters and then build within, the Board needs to approve the whole and then you wo= uld come before us for each phase. We need to identify some of the issues that need to be addressed and get some additional clarifications. We= need a long form EAF. Need lightin= g plan and planting schedule for check list. Site distances on driveway. D. Smeltzer should get photos. Randy has to compare this plan for consistency with what the Zoning Board of Appeals looked at and approved a couple of years ago. They were re-dated or reapproved a couple of months ago. Flow ca= pacity of ditch on Hunt Rd. is unknown and that may need to be investigated and given to M. Shellhouse = or the Town engineer for review as drainage on Hunt Rd. is an on-going problem.

D. Smeltzer: The flow rate has been greatly reduced.

R. Woodbury: Storm water quality and quantity post development can actually be better than pre-development. The regulations being drafted now = are going to be more restrictive. Phase II can be more restrictive. <= o:p>

D. Sennett: That is why as they pr= oceed through the project that the first SEQR may not hold up. A set of plans will be left with R= andy for the County referral. The problem lies with the Engineers report dealing with things in the future. He would rather concentrate on today’s development.

R. Woodbury: Regarding parking in f= ront of garage doors, they may need their architects to look at that since the garage is planned on emergency use. The employees parking in front of them may be a problem for Code.

Motion by Steven Peterson, seconded by Fred Santucci to adjourn until next month pending new information.

Carried. &n= bsp; = ; Ayes – 6 &nbs= p; &= nbsp; Noes – 0 &= nbsp; &nbs= p; Absent – 1

Dan Evans opened discussion on= re-opening restaurant by Abigail Martinez in the Colony Motel, 620 Fairmount Av, Jamestown. Present were Paul Potter, Engineer= and Abigail Martinez, manager of the restaurant.

Paul Potter, engineer: The restaurant was last open sometime in the 1980’s. The kitchen doesn’t meet cur= rent standards. They have contacte= d the County Health Dept. The only project for the outside is to put up a sign on the bottom of the motel sign= and on the side of the building. =

R. Woodbury: The zoning is Neighbor= hood Business. <= /p>

Mike Castiglione, 30 Houston Av: There has been a bulld= ozer running in the back yard for the past couple of weeks. There has been a clearing behind the motel.

R. Woodbury: If they are just moving dirt, there isn’t a process. He needs to know what they are doing. He will talk to the owner and owner’s atty. tomorrow to find out what they are doing and how it fits into the process. It is not p= art of this project of re-opening the restaurant.=

Paul Potter: The same seating will = be used. It will hold 36 people max.

Atty. Wright: The motel exists ther= e as prior non-conforming use, it can be used as nothing but a motel. A prior non-conforming use can not= be modified which changes it’s character of use, even if it puts somethi= ng back that was there years ago.

R. Woodbury: There has to be a proc= ess to legitimize the motel being there through Use Variance. This would have to go before the Z= oning Board of Appeals before going before the Planning Board. He will deal with Atty. VanEvery in obtaining needed information. He warned Ms. Martinez not to do anything because she is at risk.

D. Evans: Ms. Martinez would run= the restaurant and lease from the motel owners.

Atty. Wright: Adding the restaurant = in an existing building alters the use of the building as there will be an increa= se in traffic. He will research getting non-compliant to more compliant.

Motion to Table until next mon= th by Fred Santucci, seconded by Paul Shanahan.

Carried. &n= bsp; Ayes – 6 &nbs= p; &= nbsp; Noes – 0 &= nbsp; &nbs= p; Absent – 1

Chairman Evans reopened the discussion on rezoning of SKF property, Harmon Av, Falconer.

Atty. Wright: You = can rezone property and you can restrict property that is rezoned. You would have to make that it= s own zoning district or add on to zoning district and put a restriction on that particular part. Didn’t answer why you would run a fence 50 ft. away from the building and circle t= rees making it 1 ½ feet away from the neighbors property lines rather than putting the fence in next to the driveway on the zoning line and have 30 fe= et of green space. If the fence = is the line of defense, he feels it would be better served if the fence could be seen. A variance is needed fo= r the height. A fence like that has= not been allowed on non-industrial property prior.

R. Woodbury: Reminded the Board tha= t was for security reasons. If the = fence is enclosing an industry, it’s an industrial fence. Its intention is to secure the industry. Without some other process, it has to be industrial zoned.&nb= sp; Suggested a Use Variance.

D. Evans: Doesn’t feel rez= oning is a problem as long as stipulations of restrictions on parking and future use. Using it as plans presen= ted before this Board.

Atty. Wright: Remember that zoning is forever. The building is temp= orary and zoning is supposed to be permanent.&nb= sp; The restriction would have to be written personal property between A= , B, C etc. may only be used for fencing, buffering trees or undeveloped buffer area.

R. Woodbury: In Zone 4 there are additional zone specific bulk regulations.= In Zone 4 no permanent improvement should be placed closer than 150’ to the westerly boundary of said zone and no road ways or access routes shall allow any egress from Willard St. Ext. That is the type for one specific restriction for a geographic area of a zone.

R. Woodbury: The Zoning Board can s= et their own restrictions. =

Motion by Paul Shanahan, secon= ded by Phyllis Belin to recommend to the Town Board to extend the industrial zo= ne approximately 50 feet to the east line of residents property on Harmon Av.<= span style=3D'mso-spacerun:yes'> Restrict use for vegetative buffer= ing and other green space and precluding all structures and pavement.

Carried. &n= bsp; Ayes – 6 &nbs= p; &= nbsp; Noes – 0 &= nbsp; &nbs= p; Absent - 1

Atty. Wright will write that f= or the Town Board with R. Woodbury’s assistance.

Motion to adjourn by Steve Peterson seconded by Phyllis. &= nbsp; PM

Carried. = &nb= sp; Ayes – 6 = Noes – 0 &nb= sp; Absent – 1

_________________________ &= nbsp; &nbs= p;

Valerie Pierce, Secretary=