MINUTES OF THE
REGULAR MEETING OF THE TOWN OF ELLICOTT PLANNING BOARD HELD AT THE
ADMINISTRATION BUILDING, 215 SOUTH WORK ST., FALCONER, NY ON JUNE 1, 2005 AT
7:00 P.M.
PRESENT: Chairman Dan Evans,
Gary Swanson, Phyllis Belin, Paul Shanahan, Attorney William Wright, Code
Enforcement Officer Randy Woodbury and Secretary Valerie Pierce.
ABSENT: Ron Calanni, Mike Mogenhan and
Dave Carlberg.
Chairman
Dan Evans called the meeting to order at 7:00 P.M.
Motion made by Gary
Swanson, seconded by Phyllis Belin to approve the minutes of the February 9, 2005 meeting.
Carried. Ayes-4 Noes-0 Absent-3
Edward Martiny presented
a revised site plan for Green Acres
Enterprises, LLC at 2930 North Main Street Ext., Jamestown, NY to hold flea
markets on Saturdays and Sundays during the summer months on the vacant acre
of land until the property can be sold or leased.
Mr. Martiny presented the site plan that was
approved on 3/12/03 for the travel plaza. He is asking permission to have the
flea market so he can generate traffic.
There was nothing approved for this part of his site.
Chairman Evans said he did not believe the Town has
any provisions for a flea market.
Attorney Wright stated that he did not think flea markets were allowed
in a mercantile zone or anywhere in the Town and it would be a zoning
question. He could get a permit for a
tent but it would not be allowed every week. There was another flea market
proposed on Fluvanna Avenue but Mr. Woodbury said they did not want to do a
site plan. Attorney Wright said that the difference is that in a mercantile
zone you are allowed stores and shops but not an open-air market. They noted
that there were places on Fairmount Avenue that had to be stopped because of
the zoning.
Paul Battaglia,
architect for Greater Buffalo Savings Bank, presented plans for a
branch office at 870 Fairmount
Ave., W.E., Jamestown, NY.
Mr. Battaglia told the Board that essentially this
site plan is the same as the sketch plan he presented in February. They have decided to maintain the existing
building and the site as presented at the sketch plan conference. They are reducing the amount of parking and
shifting the drive within 10 feet of the existing parking for access and egress
onto Jackson Avenue. They are looking
for egress onto Fairmount Avenue. The
drive thru would remain for an ATM and two drive-up teller stations. The exterior will be red brick and would
have metal panels on the canopy.
PLANNING BOARD
JUNE 1, 2005
PAGE TWO
The Board reviewed the site plan checklist with Mr.
Battaglia and discussed:
1) drainage
because they are reducing the paved area the run off should be less
the
Board requires topals and drainage calculations
2) parking
and sidewalks they will not change the elevation over by the carpet store
3) setbacks
Attorney Wright stated that because
the building is under 7500 SF the setbacks are 20 feet
4) building
they are not adding any additional square footage the main entrance will be
moved for secutity
5) fences
and dumpsters a fence is not required and there will not be a dumpster
6) fire
hydrants
7) lighting
there is a state law that requires they maintain 5-foot candles five feet
above the ground within fifty feet of
an ATM - there will be no additional lights except on the canopy Mr.
Battaglia said one of the lights has already been removed there is one light
in the back he would like to remove - he feels it offends the neighbors because
it is right up against the property line
8) signs
the applicant will be back in for the signs- and will have to go to the
Zoning Board if they are not compliant
9) landscaping
they need to provide the landscaping plan
10) construction
schedule they would like to start in late July
11) curb
cuts they need to talk to Town Highway Superintendent Shellhouse about the
curb cut on Jackson Avenue
12) traffic patterns - there will be no restrictions on turns going onto Fairmount Ave.
Mr. Battaglia said they will have the same traffic patterns both on Jackson
and Fairmount,
13) easements they are maintaining the easement
but will be redefining it currently the easement does not line up with the
driveway
14) sales
contract the Town needs a copy of the sales contract in order for the
applicant to have standing before this Board
Chairman Evans asked for comments from neighbors.
There were no neighbors present.
The Board listed the items they need from the
applicant:
1) a
lighting plan
2) topals
for the drainage
3) landscaping plan
4) copy
of the easement if redefined
5) copy
of the sales contract
6) drainage
calculations
7) signs
need to be noted on the plans
PLANNING BOARD
JUNE 1, 2005
PAGE THREE
Mr. Battaglia will have the additional items for the
July 13th meeting.
Peter Rudewicz ,
Mussachio Architects, and Donald Sennett, P.E., Abate Associates, and Victor OBrien, C & S, presented
a site plan for Sandal Wood Hotels,
L.L.C. for the construction of an access road beginning at a point along Route
60 to the hotel site. The work will also include a road drainage system.
Mr. Rudewicz gave a brief overview of the site
plan. Because of the municipal
boundaries they put together a site plan package that incorporated more
information than the Town needed pertaining to the hotel. They have met with NYS DOT and they are doing
a review for the SEQR process. They
have lined up the driveway with the Comfort Inn and Bob Evans Restaurant. There
have been agreements in place to exchange property so their client will have
access to Route 60. He told the Board
that they have a site that is severely graded so they have approached the
design such that they have accounted for the steep slopes and they brought the
road in so they would slope back up to their site. They will take the hotel and
road drainage to a common dry basin in the Town of Ellicott on the ten-acre
parcel. He had plans to show the Board
members.
Chairman Evans asked if they have the access permits
for the driveway. The NYS DOT said
there was a permit provided to the previous owner of the frontage for access to
his parcel. There is an access there
that is stoned not paved. Dan asked
what was the width of the access. Mr.
Sennett said he thought it is 78 feet wide and they are using 30 feet. The actual roadway will depend on the final
SEQR review. They do not have a formal
work permit to actually start the work but have submitted the traffic studies
to the NYSDOT.
Mr. OBrien explained what they are doing in respect
of drainage on the overall site. He provided the drainage plans for the Board
members and explained the detention and discharge. Mr. Woodbury asked if they had an easement for the discharge in
the Federal highway right-of-way.
They will be discharging at the same point they are
now. Randy said that as long as the pipe is not there now they would have to
get a work permit for any work on I-86.
Chairman Evans asked if they legally own the
driveway. Mr. Rudewicz said he provided
a copy of the agreement, which stipulates what has been exchanged.
Attorney Wright asked if they have abandoned the
plan presented at the sketch plan conference over the 20-foot right-of-way
across the Bogdan property. In the discussion with NYS DOT their concern was
with lining up opposite drives. That presented a more difficult proposition
because their client does not own those properties and the location of the road
in that very restrictive right-of-way easement would have been too little. There were also some utilities and some of
the parking from the Mobile was encroaching into what was the easement.
PLANNING BOARD
JUNE 1, 2005
PAGE FOUR
Attorney Wright asked what the status of the whole
project and the status of the SEQR was.
Mr. Rudewicz said they have been in the SEQR process for four weeks. Mr.
Wright asked if the City of Jamestown has accepted lead agency status and if
the Town has received notice of Jamestowns intention to declare lead agency
status on this project. Mr. Rudewicz
said that Bill Rice said he was going to take care of that. Mr. Woodbury said the Town has received
verbal notice but nothing in writing. Randy said the City Planning Board is
moving along as lead agency and he includes the Town as an involved agency with
their findings. At the next meeting on
June 21st the City should have the DOT comments. Attorney Wright said we should receive a copy
of the long form EAF from the City.
The Board members reviewed the checklist and
discussed:
1) the
site survey that was provided
2) Mr.
Sennett did a partial storm water management report for the road but provided
the Town with the storm water management report for the whole project
3) pedestrian
access to McDonalds there is nothing proposed nor has there been any
discussion
4) retaining
wall there is one along the road (not retaining the road but McDonalds
property) it will be keystone building block and 3 feet to 4 feet high
5) utilities - electric, water and sewer will come off
West Oak Hill Rd gas will have to come off Route 60 they are still checking
on pressure for the water
6) fire
hydrants are on Route 60 none on West Oak Hill Rd
7) signs
no proposed signs for access road there are building signs no entrance
signs
8) buffer
areas they will leave existing buffers
9) fence
around detention pond it is a dry pond there is no code requirement
10) lighting
no proposed lighting at this time
11) construction
schedule they want to start in July
12) permits
required from NYS DOT, Chautauqua County and City of Jamestown Mr. Sennett
asked if the Board could approve contingent on the permits
13) snow
removal it will be put on the 3 foot available on each side of the road with
no other plan
14) truck
traffic no heavy trucks only delivery trucks there will be no need for
semi-trucks
The items the Board needs from the applicant are:
1) they
need to provide whatever they receive from DOT regarding the street cuts
2) status
of the SEQR
3) storm
water discharge information on I-86
4) location
of gas line
They immediately need to check on the status of the
SEQR to see if the Town has been listed as an involved agency and if the Town
of Ellicott has received the letter to begin the thirty-day period to accept or
contest. That will give the Town an idea where they stand on the SEQR process.
PLANNING BOARD
JUNE 1, 2005
PAGE FIVE
Matthew and Julie
Harper presented a sketch plan to expand their current
landscaping business, Four Seasons
Landscaping, Snow Removal, Garden Center and Nursery, at 3181 North Main Street Ext., Jamestown, NY.
The Harpers provided photos of the property. They
told the Board they received permission from NYS DOT and constructed the access
road per their recommendations. The buildings are temporary and all the work
has been done in house. Mr. Harper
explained the irrigation system.
The main thing they are asking for at this meeting
is the signage. The sign would be 13 feet back from the easement so it would be
within the 10-foot setback. The sign is
approximately 32 square feet per side. It is a 4 X 8 sheet of plastic
signage. It will have 4 x 6 support
posts.
Mr. Woodbury asked the Board to scope full site plan
review. He feels this property has
evolved into a mercantile use. Its
history is agricultural. The
greenhouses are unique in the State building code and also in the State
taxation. They are considered
agricultural and the portable greenhouses are exempt from building permits and
exempt from taxes. Mr. Harper said the new building would not be exempt because
it will be permanent.
The Harpers have 440 feet of road frontage and the
business comprises about half of the road frontage. The residence is completely separated from the business with a
split rail fence.
There is a height restriction of 30 feet for the
sign. Mr. Harper said they want it high
enough so people can see but not so high it is obtrusive. Their fence is about
5 feet and they are looking to put the bottom of the sign even with that so it
will extend above the fence. They will put some lighting on the sign but the only time they will need that is
from Thanksgiving to Christmas for evening sales of Christmas trees. During the
summer they are closed before the daylight ends. The sales will be seasonal except for deicer products sold from
Christmas until April.
Attorney Wright asked if the equipment is stored on
site and goes out from this property. Mr. Harper stated pickup trucks are
stored on this site. Because the larger equipment is stored on the site where
the service is preformed only vehicular traffic would be going in and out of
this site. The trucks are stored in a
tent canopy or the greenhouse.
Attorney Wright said the issue is that this has
developed into a mercantile use without any process at all and now they are now
requesting a sign. The Board needs to decide if they grant the sign permit when
the Harpers would need to do site plan review.
Mr. Woodbury suggested they do a site plan as soon as they can and then
if they need more time they can come in after a year to extend the time.
Attorney Wright said the Town needs at least a survey, as it exists now for a
baseline of what they want to do later.
PLANNING BOARD
JUNE 1, 2005
PAGE SIX
The Harpers have a separate survey for this
parcel. It was separated into two
parcels when they bought the property.
Randy would like those two drawings on file with the sign application. Mr. Harper asked if they need the surveyors
drawing now. They are not going to put
up any new buildings for at least a year or two. Attorney Wright said they
could do the sign and document with photographs what is on the site right now.
That could not change without full site plan review.
The Board wont
require a full site plan review before the Harpers put up their sign but they
cannot do anything else on the property prior to site plan review. They need to
provide the surveys and photos and fill out the sign application.
John Jablonski,
Chautauqua Watershed Conservancy, presented a plan for a park and
boardwalk in the Fluvanna area.
Mr. Jablonski said the Chautauqua Watershed
Conservancy purchased property in the Fluvanna area in 1999 and some in
December 2004. They are trying to get permission from the State for an entrance
and are negotiating with another owner to purchase property for the entrance
and parking. The parking would be on property that was previously filled. They
would like to see this area cleaned up and work with the Town on this project.
The conservancy is looking to put in a driveway and
boardwalk with parking to access a walkway to the railroad bed. The boardwalk will be 5 feet wide that will
be floating on 6 x 6 treated lumber boards on 4 x 4 boards that would float
it. They would like to have another
section going down to the riverfront.
They have used this in Asbury Woods in Erie in a similar wetland area
that seems to be working just fine.
Randy asked if the DEC has any problem with this project. Mr. Jablonski said he had not been able to
get hold of anyone at DEC. Mr. Jablonski has been to the Town Board with this
project.
This is in a mercantile zone. This is a park and
would be allowed under a special use permit. Attorney Wright asked if the
access is unlimited. Mr. Jablonski said
they would have signage indicating it is open from sunrise to sunset. They need to go to the ZBA for a special use
permit. There is designated Town park
property in Fluvanna and Dan wondered if they could link the two together. Randy suggested that the special use permit
could be for a longer period or even permanent.
The Conservancy should first apply to the ZBA for a
special use permit and then will have to come in for site plan review. The Planning Board needs to see lighting,
signage, parking lot, handicapped accessibility, wetlands delineated and the
drawings of the bridge. The Board asked
Randy to provide contour maps for the Conservancy. They would like the Town to consider a gravel entrance. The Board could waive the requirement for
the bituminous driveway and parking lot. Mr. Jablonski asked what the storm
water management requirements were for a parking lot
PLANNING BOARD
JUNE 1, 2005
PAGE SEVEN
with 10 parking spaces. Randy said the engineer for
the bridge might also do the parking lot.
Mr. Jablonski will coordinate through Mr. Woodbury.
Mr. Ostrom, Ostrom
Company, had some questions for the Board. He wants to
acquire land and build a truck maintenance facility on the south side of East
Main Street at the west side of Water Street.
Mr. Ostrom said he wants to put a garage in the
middle with a driveway in one way and out the other way. It will be a steel building that is 100 x
120. He provided a sketch of the building. Mr. Ostrom said he was concerned with the
waterway. There is no sewer there and
they will need floor drain separators. If you dig down about four feet on the
property there is concrete and fill from Barnes Construction.
The property is zoned mercantile and Attorney Wright
said he did not think this is allowed in a mercantile zone.
The Board told Mr. Ostrom that he should make the
sale contingent on the site plan. He
should get advise from his engineer.
Rob Schultz,
Westwood Summit Corporation, and Don Sennett, Abate Engineering, presented
preliminary plans for a used vehicle sales lot at 2494 Peck-Settlement Road.,
Jamestown, NY. The Town received
application for a site plan review for the July 13, 2005 meeting.
Mr. Sennett said the pavement would cover about .85
acre to park approximately 59 vehicles.
There is a two-story building that is being renovated into an office but
most of that is in the Town of Poland. They are looking at minor landscaping in
front. There will be three floodlights on all night for security. There is an apartment upstairs.
Phyllis Belin asked about the grading that had
already been done and the pond. Mr. Sennett said the pond was already
there. They would be looking at using
the pond for storm water. Because of
the landscaping with topsoil and grass they will be reducing the amount of
runoff on the site. All the runoff will be collected in a stone lined open
trench and they will have a stone lined swale going down the side of the hill
to the pond.
This property is zoned industrial. There will be no additional signage except
on the building.
There was a lot of fill put on this site by
Kingsview Paving before Rob Schultz bought the property. They were also dumping on New England Motor
Freight property for years. New England
Freight sold Rob a piece of property to let him finish and clean up.
PLANNING BOARD
JUNE 1, 2005
PAGE EIGHT
Mr. Woodbury told the Board the Town of Poland does
not have a site plan process. A portion
of the building is in the Town of Ellicott and the sign will be on that portion
of the building. Mr. Woodbury needs a copy of the occupancy permit from the
Town of Poland.
The County Planning Board has been sent a copy of
these plans but Mr. Sennett said he had not heard from them.
Attorney Wright asked if there were any concerns
from the Board. There is a concern
about the paving. Mr. Schultz said he
might need more time for the final paving.
Mr. Schultz will be in for the July meeting for the
full site plan.
Bart Scheer, 3572
Ross Mills Road, Falconer, NY, is requesting approval for a
Frisbee golf course on his property.
The property is zoned residential-agricultural. Attorney Wright said under the zoning in a
residential-agricultural district you are allowed to have a golf course by
special permit. First the Code
enforcement officer would have to make a determination if this would apply and
then it would defer to the Zoning Board to determine if the proposed use was a
golf course under the permitted uses and therefore allow him to come in under a
special use permit.
Mr. Scheer told the Board he has 18 acres. He will have to apply for a special use
permit. He asked the Board if he could
have someone put up a billboard on his corner as a sponsor. Attorney Wright said
there is no off site advertising in the Town of Ellicott. He could put up his own
sign, which can be 16 SF.
Attorney Wright said that if he wanted to put in a
pro-shop it might be a problem. In a
residential-agricultural district there is no mercantile use until you get into
a neighborhood business district. It should be addressed in case he cannot do
it without the pro-shop. He could have
a place where he could rent discs as part of the pay-for-play.
Mr. Scheer will have to apply to the Zoning Board of
Appeals.
Mr. Woodbury said that Highway Superintendent
Shellhouse would like to recommend to the Town Board that Diane Stelmack, 50 Jackson Ave., W.E.,
Jamestown, NY be allowed to acquire title or rights to construct a new garage
in unopened Third Street north of her residence. Mr. Shellhouse would
like the Planning Boards opinion.
The Board discussed this and decided that the Town
of Ellicott does not give up the rights to the paper streets and that if anyone
wants to improve a paper street they do it at their own peril. There
PLANNING BOARD
JUNE 1, 2005
PAGE NINE
are detailed written agreements signed and approve
by a resolution of the Town Board and recorded in the County Clerks office
that indemnify the Town for any liability on there and also state the people
have paved them at their own risk. They continue to belong to the Town and if
the Town
wants to open them as a street they can. Mr. Woodbury and the Board agreed that the
Board should not allow her to build the garage. Randy asked the Board to look
at the property and give him a call.
Randy Woodbury said the Tom Shelters has requested a
building permit for an additional storage building on South Work Street Ext.
Randy asked the Board if he was allowed outdoor storage of vehicles. The Board agreed that outside storage was
not in the scope of what the Board approved.
Randy is holding the building permit and asked the Board to drive by and
give him a call. Gary Swanson said that
he checked his notes from 2002 and he did not see there was any discussion on
the outdoor storage.
Motion made by
Phyllis Belin, seconded by Paul Shanahan to adjourn the meeting at 10:00 P.M.
Carried. Ayes-4 Noes-0 Absent-3
_______________________________________
Valerie Pierce,
Secretary