MINUTES OF THE REGULAR MEETING OF THE TOWN OF ELLICOTT PLANNING BOARD HELD AT THE ADMINISTRATION BUILDING, 215 SOUTH WORK ST., FALCONER, NY ON MAY 14, 2003 AT 7:00 P.M.

 

PRESENT:  Acting Chairman Gary Swanson, Ron Calanni, Becky Holmstrom, Dave Carlberg,

                  Mike Mogenhan, Attorney William Wright and Code Enforcement Officer Randy

                  Woodbury.

 

ABSENT:    Dan Evans and Bob Pickett

 

Acting Chairman Swanson called the meeting to order at 7:00 P.M.

 

Motion made by Ron Calanni, seconded by Dave Carlberg to approve the minutes of the April 9, 2003 meeting.

 

Carried.                Ayes-5                        Noes-0                   Absent-2

 

Ted Bogdan, Beacon Development/Yaw Oil, Rex Tolman , PE and Dave Rhinehart , Habiterra Associates, appeared to answer any questions from the Planning Board concerning the changes on the site plan for the project on Route 60.  Gary Swanson stated the Board members had concerns with the drainage, signage and the easement.

 

Mr. Rhinehart explained the changes they made to accommodate the concerns from the last meeting. He told the Board members the negotiations with Patels had not been successful and that

changes had been made to down size and modify the plans to get into compliance for the drainage.

Mr. Rhinehart explained the drainage was changed from a perimeter collection system of gutters and curbs along the outside to a collection closer to the building creating a swale area that collects onto the State drainage ditch.  Mr. Tolman has been in contact with NYS DEC. He did the storm water management plan based on a 25-year storm. 

 

The applicant received a letter from his attorney, Greg Yaw, stating the placement of the underground electric service and light standard as well as the paving of a small portion of the easement area does not violate the provisions of the easement. If Mr. Patal should exercise his easement rights they may be required to terminate the use of the area for parking. Mr. Woodbury stated that the Town should have a copy of the letter and perhaps incorporate something into the motion of approval concerning the easement.  Attorney Wright did not a copy of the letter received from Attorney Yaw was placed on file.

 

Attorney Wright asked about the lot line variances and Mr. Rhinehart explained they were within the variances granted by the ZBA.  The sign variances are still before the ZBA and waiting for the environmental review. 

 

Attorney Wright asked if there were any “means” to separate.  Mr. Tolman there were sumps in

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the catch basins but that was all. Mr. Woodbury told the Board members that NYS DEC has strict regulations.  Mr. Tolman said they are discharging into a grass swale and any problems will be quickly apparent to the State.  Mr. Woodbury if the State were to require additional oil separators

it could be addressed.

 

Attorney Wright asked if there were any regulations on oil separation and Mr. Tolman stated there were no State regulations.

 

Mr. Swanson asked about the topography and Mr. Rhinehart explained the existing contours will not change. He reviewed the plans showing how it drained to the catch basins. 

 

The applicant will not be curbing the parking lot. They have reduced the parking spaces from 52 to 41 spaces.  McDonald’s is happy with the number of spaces and expects a lot of drive thru business.

 

Rex Tolman explained that the applicant decided to do co-coordinated review for this project to get comments from all involved and interested agencies. He had with the approval of Chairman Evans sent the letters. Attorney Wright read a list of the agencies contacted.  Mr. Tolman told the Board they had not received any negative comments.

 

After the Board members took time to review Part A of the long form environmental review, they reviewed Part B of the form with Mr. Tolman noting:

1)      there will be minimal impact on ground water

2)      they will be altering the drainage or surface water runoff

3)      there will be a minimal affect on the air quality

4)      there will be a minimal affect on energy

5)      there will be an impact on growth – it will create up to 25 jobs

6)       

The Board members agreed with Mr. Tolman’s findings. 

 

Motion made by Mike Mogenhan, seconded by Ron Calanni making the determination this project will not result in any large and important impacts and, therefore, will not have a significant impact on the environment and authorizing Acting Chairman Gary Swanson to sign the EAF on behalf of the Planning Board.

 

Carried.                  Ayes-5                   Noes-0                   Absent-2

 

Attorney Wright explained that the Planning Board couldn’t give final approval on this project because it has been referred to the County Planning Board and the Town has to wait for the comments from the County.

 

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Motion made by Mike Mogenhan, seconded by Dave Carlberg, granting tentative approval for Beacon Development/Yaw Oil  pending the comments from the County Planning Board.

 

Randy Woodbury asked if there should be something in the motion concerning the easement.  Attorney Wright stated this was a private easement on private property and not a Town matter.

 

Carried.                Ayes-5                    Noes-0                 Absent-2

 

Three sets of plans were stamped with tentative approval.

 

Mr. Woodbury suggested the Town approach the County Planning Board for a possible agreement to waive their review on Town of Ellicott projects. 

 

Ted Bogdan reiterated what Mr. Woodbury said and said it just causes additional delays and have not had to have total review from both the County and Town for any other projects. He feels the Planning Board and ZBA are excellent and have knowledgeable members.

 

Dave Rhinehart who is a member of the Town of Carroll Planning Board said that their Board has no authority to approve any project and has no site plan review said for the smaller Towns County review is OK but for a Town such as Ellicott who has the site plan code in place he would endorse an agreement with the County to waive their review.

 

Rex Tolman agreed that Towns that do not have reviews need the County Planning Board review but sees no need for the County to review projects in the Town of Ellicott.

 

Sherry Bower, Deputy Director for Chautauqua County IDA, stated she agreed and did not realize that the County was only redoing what the Town of Ellicott have already done and does not want to see this hold up economical development.  She sees no need for County to review projects in Ellicott and will be willing to go to the county Planning Board and make that recommendation.

 

Gerald Johnson, representing the AMVETS Post 1996 Inc., briefly explained they would be renovating the property at 3155 Fluvanna Avenue.  They will repair the walls and put on a new roof. This property is zoned mercantile and Mr. Woodbury considers the use as assembly use.  Mr. Woodbury explained that the dollar amount for the reconstruction triggered the review. 

 

Attorney Wright asked if there would be any change in parking, lighting or traffic flows.  Mr. Johnson stated no.  There are no zoning issues and the building is not being enlarged. 

 

Discussion followed on if the Planning Board had any jurisdiction on this project. The Board members decided they did not since it is the restoration of an existing structure so they could enact Section 121-5B of the Town code.

 

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Motion made by Becky Holmstrom, seconded by Dave Carlberg making the determination pursuant to Section 121-5B of the Town Zoning and Planning code this project is not subject for review under the jurisdiction of the Planning Board.

 

Carried.                Ayes-5                    Noes-0                   Absent-2

 

The Town received a FAX from Fred LoFaso requesting the site plan review for Lamparelli Properties, Inc. be re-scheduled for the June meeting.

 

Diane Hendrix, Design Affiliates, reviewed the plans for Royale Cheese, in Mason Industrial Park, for the renovation and addition of a truck receiving bay and cooler for a cheese processing plant.

 

Mr. Brad Nilson, partner, and Ron Catalano, Ralph Wilson Engineering, was also present to answer any questions. 

 

Ms. Hendrix reviewed the plans noting:

1)      the new addition will be 4,000 SF

2)      there will be no signage

3)      they will upgrade the walkway to make it handicapped assessable

4)      elevations shown on plans

5)      there will be no upgrade in utilities

6)      there will be a dumpster

7)      there will be bi-product waste taken off site

8)      they would like to start as soon as they are granted approval

9)      they will need to obtain a permit fro NYS AG Department and a building permit

10)  the outdoor lighting will be on the building

11)  they moved the truck bay back so they need no variance for set backs – existing building is non compliant by 2 feet 

12)  there was discussion on the water runoff

13)  applicant plans to a have a shared driveway easement with neighbor –Town needs a copy of the easement

 

The plans for this project have not yet been sent to County Planning so the Planing Board can not approve this site plan until the County comments.

 

Ms. Bower asked if this project should be waived along with the Bogdan project.  Mr. Woodbury suggested that she request this project also be waived. 

 

 

 

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The Planning Board reviewed the site plan checklist noting:

1)      drainage – Mr. Woodbury said the Town could accept the drainage plan as the storm       water management plan

2)      The dumpster needs to be shown on the plans and type of fencing noted

3)      Jamestown Board of Public Utilities has been contacted

4)      The State will address the back flow valves

5)      There is no fire hydrant on the property

6)      There will be no signage

7)      Outdoor lighting will be the same

8)      There will be no retail sales – Mr. Nilson was told he would have to get a variance for any retail sales

9)      The Board agreed to leave the planting schedule open – there will be some vegetation added to the front of the building

10)  The applicant wants to start as soon as approval is granted

11)  Permits will be obtained from NYS AG Dept and Town Building Inspector

12)  A copy of the easement will be provided for the Town

13)  There will be 8-10 employees to start and up to 33 in three years

 

Attorney Wright asked how big the new addition would be and Mr. Woodbury stated 4400 SF. He stated a short form EAF is required.

 

Mr. Catalano took time to fill out the EAF. Mr. Catalano was also asked to draw the dumpster on the plans.

 

Discussion followed on General Municipal Law Section 239 M (3)c. Mr. Woodbury read the section of the law for the Board members.  It gives the County Planning Board the authority to waive the review on Town planning issues.

 

Mike Mogenhan stated that if the County were willing to waive their review it would certainly expedite the process.  The Town of Ellicott Planning and Zoning Board of Appeals are uniquely qualified to review the projects so the County could waive their review.

 

Mike Mogenhan made a motion, seconded by Becky Holmstrom to have Attorney Wright and Chairman Evans enter into agreements with the County Planning Board to have the Town Planning Board be lead agency and supercede any County jurisdiction over planning issues.

 

Carried.                         Ayes-5                     Noes-0                 Absent-2

 

The Board reviewed the short form EAF for Royale Cheese. Attorney Wright stated this action does not exceed any type I threshold in 6NYCRR, Part 617.4 and will not receive coordinated review.

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The Board member reviewed Part IIC noting:

1) certain waste products will be disposed off site and the applicant will receive a SIU     

    permit from Jamestown BPU

2) this property is in an industrial park and this is an intended use

3) this could create up to 33 jobs within three years

4) there has been no controversy over this project.

 

Motion made by Dave Carlberg, seconded by Ron Calanni determining this proposed project will by result in any significant adverse environmental impacts and have Acting Chairman Swanson sign the EAF.

 

Carried.               Ayes-5                       Noes –0                Absent-2

 

Motion made by Ron Calanni, seconded by Dave Carlberg to grant tentative approval to Royale Cheese pending comments by the County Planning Board such approval to become final if the County waives its right to review this project.

 

Carried.                Ayes-5                      Noes-0                   Absent-2

 

Motion made by Mike Mogenhan, seconded by Ron Calanni to adjourn the meeting at 9:10 PM.

Carried.                Ayes-5                         Noes-0                   Absent –2

 

 

 

 

 

 

 

 

 

 

___________________________

Valerie Pierce, Secretary