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 JUNE = 10, 2009 AT 7:00 P.M.

PRESENT:= Chairman Dan Evans, Ga= ry Swanson, Ron Calanni, Phyllis Belin, Paul Shanahan, Steve =

= Peterson, Fred Santucci, Attorney William Wright, Code Enforcement Officer Randy

= Woodbury and Secretary Valerie Pierce

ABSENT: <= /span>None =

Chairman Evans opened the meeting at 7:00 PM.

Motion made by Ron Calanni, seconded by Gary Swa= nson to approve the minutes of the February 11, 2009 meeting. =

Carried. = &nb= sp; Ayes – 7 = &nb= sp; Noes – 0 &nb= sp; Absent - 0 &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p;

Chairman Evans opened the Public Hearing for Todd Saracki (Carlton Homes, LLC) for a site plan and sub-division approval to construct single family patio homes off Hunt Road.

Todd Saracki reminded the Board he = had come in approximately 1 ½ years ago and since October of 2007 he purchased the land to create a patio home sub-division. Mr. Saracki:

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;font-family:Symbol; mso-fareast-font-family:Symbol;mso-bidi-font-family:Symbol;mso-bidi-font-we= ight: bold'>· provided a brochure on the patio homes

Don Sennett, senior project engineer and project manager for the design, reviewed the plans for the sub-division. &= nbsp;

· the entry will be off Hunt Road with a cul-de-sac

· there are 27 proposed lots – 55 feet wide

· two proposed storm water management ponds=

· all the setbacks are shown – all of= the home footprints fall within the setbacks

· there is a 50 foot right-of-way with a 15 foot utility easement on both sides of the road

· no sidewalks

· proposed sanitary will connect on the nor= th side of Hunt Rd – they have a dead end line &nb= sp;

&= nbsp; ending at the southern most part of the cul-de-sac

Dan Evans had a concern about the road and if Mr. Shellhouse, Highway Superintendent, had reviewed the road. He asked if the road would be up to = code for it to be designated to the Town. Randy Woodbury said there is a section in the Town code that has road specifications. He just wants= to make sure that the whole diameter and footage on the road has been approved= by the Highway Superintendent. T= odd said that Mr. Shellhouse had also suggested that they create a diameter of = the cul-de-sac of 200 feet, which is very large for a cul-de-sac, but based on = his request they did make it work.

Mr. Sennett continued with the review of the plans.

Sanitary sewer – is an extensi= on of the South and Center Chautauqua Lake Sewer District – Chautau= qua County requested they move on manhole a little further west so it would not infringe upon the property – County also suggested that they dro= p a couple of laterals for the adjoining property and at this point Todd d= oes not see any problem with that - Mr. Sacarki may purchase and develop t= he property or it may be developed by someone else – it is not a pa= rt of the current sub-division plan.&nbs= p;
Water system – will be designe= d by the Jamestown BPU – they will take care of all the permitting and installation - a water line is shown on the plans - the exact location= and number of valves and hydrants may change.
Drainage System – is complex - there is drainage on both sides to capture the run-off coming unto the site and also to catch run-off before it exits the site. Dan asked about the open pipe= that is there now. Mr. Sennet= t stated that the open pipe that is there now will be removed. They will have a detention po= nd there that will discharge though a 24 foot pipe and will discharge whe= re it currently does. Mr. S= ennett said the pond is designed to take care of the southern part of the property and additional acres upstream totaling approximately 12 acres= . The other pond is designed to = take care of an additional seven or eight acre. This front pond will take of everything both east and west of the driveway. There are a couple of propert= ies that are impossible to catch the drainage. Dan said that lots 1 – = 3 are very wet. Mr. Saracki sa= id is a very low spot and they will be doing a lot of filling. Mr. Sennett said that he thin= ks that that might have been caused by logging. The 100 year storm all pa= sses through the pipe. The so= uth pond has 24 inch pipe and the north pond has 18 inch pipe. During a 100 year storm there will not be any more discharge then that is now. The ponds will also act as treatment systems, which are required by the storm water regulations.<= span style=3D'mso-spacerun:yes'>
They provided a grading plan - there will be a retaining wall behind some of the houses to take care of the change in grade - there is a change in grade from the extreme southwest corner to the building pads and the street - there are 32 catch basins= .
They are proposing a 20 foot wide pavement, two ten foot travel lanes and because of the slope of the roadway they are proposing a two foot wide asphalt gutter on each side. This will help direct the flow down the sides of the roadway and help = control the erosion. The roadway pavement will be 4 ½ inches of asphalt= and 3 ½ inches of screened gravel over 8 ½ inches of compact= ed gravel.
They do not want street lights. Mr. Sacraki said each home wo= uld have an individual dusk to dawn pole lanterns. The lights would be paid for and maintained by the buyer. Mr. Sennett said that because the lots are 55 feet there would be a light every 55 feet. If they put street lights in = they would be hundreds of feet apart. Mr. Sacraki said it gives the develop= ment a lot more character. Mr. Woodbury stated that the code specifically states that the Planning Board has the right to decide on the lighting= .

The plans included an erosion sedime= nt plan.
The Utilities will be underground an= d are shown on the plans – both water and sewer will bore under Hunt R= oad – there will be fire hydrants – Mr. Sacarki stated there w= ill be sewer and water laterals to each lot ready to go – BPU will be doing the electric as well - Windstream and Time Warner will also install all of their transformer pads and lines – Mr. Saracki will just have to do the digging

= · Dan had a question on the width of the dr= ive - the westerly driveway area = to the Colburn property seems pretty tight and asked Randy if there was anything in the code for an entrance setback in a sub-division – Randy said there= is not setback for a driveway – the setback that would apply would be fr= om the road right-of-way to the front of the house and they met that

= · The average square footage of the homes is 1400 to 1500 square feet with a minimum of 2 bedrooms – they have a o= ne car garage and basements unless someone does not want one - some have an ad= ditional study or optional upstairs loft

= · Mr. Wright asked about the security around the detention ponds – Mr. Sennett said there is nothing shown on the plans – different Boards have different opinions – Mr. Sacarki wants the ponds to be an asset and not an eyesore – his plan was that= the association would mow around the ponds and maintain them - Attorney Wright asked why they would dedicate the road or the ponds as long as they were go= ing to have an association to maintain the properties and ponds – Mr. Sar= acki said the association would only do lawn mowing, driveway plowing, sidewalk shoveling and in the Spring they would clean up the landscaping around the house – he thinks a lot of the homeowners will be gone in the winter – Randy said that the Highway Superintendent has expressed an interes= t in some Town rights in and within the ponds – Mr. Shellhouse would like = to address the drainage problem along the hill, south of Hunt Rd, in a more regional way – Dan asked what they had discussed about fencing – Randy said they did not discuss the fence but other ponds that have been bu= ilt with the Highway Department have been fenced – Attorney Wright said t= hat the Highway Superintendent or the Town Engineer will have to appear in fron= t of the Board at a meeting – Dan should take care of arranging that appearance – Paul Shanahan asked what the slope of the ponds will be – Mr. Sennett said the ponds are designed as wet ponds that will have water in them at all times to a certain elevation – the side slopes of the upper portions, used for storm water detention, are 3 on 1 – ther= e is a 10 foot safety bench that is 1 on 10 – the wet ponds themselves are= 2 ½ on 1 – the average depth of standing water in the ponds woul= d be 5’ to 6’ – there are no overflows, everything will go thr= ough the pipe – there are three properties that cannot drain into the pond – the ditch will take care of that water – Paul said that theoretically it should improve the drainage - the neighbors looked at the draina= ge plan and Mr. Saracki said that it may help their drainage=

Lori Jones, 3 Idlewood Drive, Jamestown, NY, told the Board they are really concerned about the drainage and they already have major water problems. They cannot afford to have any additional problems. M= r. Saracki said they are actually downstream from Ms. Jones and so their water= is coming onto his property. Any= thing coming off their property will be captured on the west end of the Saracki property. Ms. Jones said she = did not think Mr. Saracki’s property would get the water that comes from = Idlewood Drive.

Marilyn Gerace, 381 Hunt Rd., W.E., Jamestown, NY, = asked Mr. Sennett if he was aware of the 15 years water problem they have had with water coming off Idlewood. She wanted to know if there were any discussions with the Town about the water problems. Mr. Sennett said th= at he cannot do anything off Mr. Saracki’s property.

There was further discussion on the water problems.

Attorney Wright asked = if there were any report done to delineate wetlands. Mr. Sennett said that they had not= and said that it was not required. Discussion followed and the Board decided that the applicant should have one done.

Mr. Evans noted that t= he Town had received a letter from the County Planning Board noting that the County Planning Board:

= 1)&n= bsp; is not required to review subdivision proposals

= 2)&n= bsp; recommends that the applicant should comp= ly with all state and local subdivision regulations and that the proposed entr= ance driveway should be reviewed for possible site distance or safety concerns a= long this portion of Hunt Road<= /st1:address>.

Mrs. Gerace asked what= the target age for this subdivision was going to be. Mr. Saracki said that most of his inquiries have been from customers that are approximately 60 years of age.<= span style=3D'mso-spacerun:yes'> He has had interest from cou= ples that want to occupy the homes approximately six months of the year. The approximate cost of the homes = will start at $179,900 and the average cost will be $200,000 to $225, 000.

The Board took a short recess.

For this subdivision, which is over five lots the board has to go through the major subdivision approval procedure. Under Sec= tion 130-5 of the Town Code the steps for an approval of a major subdivision are outlined. <= /p>

1)&n= bsp; the applicant must submit a sketch plan &= #8211; they would appear before the Board for basically a conceptual talk – = Mr. Wright said that happened about a year ago when Mr. Saracki came before the Board

2)&n= bsp; next is the preliminary plat procedure – that is what Mr. Saracki is presenting at this

meeting - it is a plat plan in whatever stage of development the project is in=

3)&n= bsp; the Board will review the plan and has 90 days to make a determination – they can conditionally approve the plat plan with modifications or disapprove the preliminary plat plan – if = the Board disapproves the plat plan they should state grounds for disapproval -= if it approves with modification the procedure is to grant a conditional appro= val pending the final plat plan being submitted to the Board, at which time the Board will schedule a public hearing and review the final plat plan – the Board then has an additio= nal 45 days to approve the final plat plan

4)&n= bsp; there are several sections of the code wi= th designed criteria and design standards – they appear in 130-6 (development standards), 130-7 (design standards – lot sizes, street improvements and drainage), 130-8 (required improvements), 130-12 (major subdivision plat plan accompanying data)

Attorney Wright sugges= ted that the Board go through the design criteria for major subdivisions to see= if they were met and identify any additional things that the Board would like = to see on the final plat plan. <= o:p>

The Board reviewed the criteria in section 130-12 noting:

the applicant provided 3 copies of the plat plan with= the required information
plan has the name of the adjacent property owners
the boundaries were shown – property is in a residential zone
the easements and the property being dedicated to the Town of = Ellicott were identified
plan is to clear cut which was not intentional but the grading plan is such that they cannot save any of = the trees
the water information will all be co= ming from the Jamestown Board of Public Utilities – they hope to have that before the pubic hearing – the Health Department deals with= the BPU directly – the electric plan would also be coming from the B= PU
they show 1 foot contours on the pla= n
the street is 20 foot wide plus 2 fo= ot swales on each side – Randy said that the width is better than m= ost but would suggest getting a recommendation from the Highway Superintendent
the Town received a letter from the County sewer department
detention ponds are shown of the pla= ns
the Board would like a recommendatio= n on the street lighting from the Highway Superintendent – the Board = had a concern that until the houses are sold there would not be enough lig= ht to maintain the street – Mr. Sennett said that Mr. Sacarki could delineate the road with posts until the homes were built – the l= ights will not be turned off if the residents are away – the Board wou= ld like some assurance that the road would be delineated
there are no bridges
the proposed lot lines are shown
there is one public easement for the discharge of the pond – the rear yard easements will be taken ov= er by the homeowners association

The Town will need a c= opy of any deed restrictions and also a copy of the homeowner’s associati= on agreement.

Mr. Saracki has not na= med the street yet. Mr. Wright stated that he will have to have it named before= the final approval.

Attorney Wright said t= hat the object of the Board now is to make a determination whether they can app= rove a final plat plan tonight with modifications, deny it for reasons that the applicant did not meet requirements of the code or the Board has up to 90 d= ays or longer with the applicant’s approval to approve the plat plan. Mr. Wright’s recommendation = would be a preliminary approve with conditions and not take any part of the 90 da= ys and upon the applicant providing information on the conditions schedule a public hearing on the final plat plan.

The Board has an environmental assessment form but Attorney Wright said that does not to be = done before the final approval. It= would be the Highway Superintendent’s call if he wanted the Town engineer to review the plans. Mr. Wright suggested that the Board not spend the time to review the environmental for= m at this meeting but move forward with the approval of the preliminary plat pla= n. &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp;

Chairman Evans noted t= hat the Board needs:

to identify which sheet of the plat = plan was designated to be filed with the Clerk – that will come with = the final plat plan
water plan from the BPU
letter from the Highway Superintende= nt for his recommendation on – the size and maintenance of the road, lighting, fences around the ponds and if he wants to Town engineer involved in the drainage plan
copy of the homeowners association agreement and any deed restrictions – Mr. Saracki said because he did not know that had to be provided it might be awhile before he has = that – he would be working on that while they were doing the infrastructure – the deed restrictions do impact on the site plan and the liability of the site plan – Mr. Wright said he would recommend that the Town does not need the full homeowners association documentation but they do need the deed restrictions – Mr. Sarac= ki will file the homeowners association agreement when he has it finished=
the name of the street
wetlands delineated on at least lots= on 1 through 3

Because this has to be noticed as a public hearing Mr. Saracki needs to have the information to the Town before June 29, 2009.

Motion made by Paul Shanahan, seconded by Phyllis Belin to conditionally approve the preliminary plat plan with the items lis= ted above to be included in the final plat plan.

Carried. = &nb= sp; Ayes – 7 &nb= sp; = Noes – 0 = &nb= sp; Ayes – 0

Paul Potter, P.E., representing Mike and Brenda Alviti, addressed the Board on an expansion to construction of horseshoe pi= ts and volleyball courts at the Fountain Bowl, 3316 Fluvanna Ave., Jamestown, = NY.

Mr. Potter reviewed the plan with the Board noting:

the horseshoe pits are approximately 10’ x 55’
they would like to establish a coupl= e of volleyball courts that will be over the existing parking lot
the contours or drainage is within t= he existing – nothing will run off – storm water review is not required because the disturbed area is less than 4000 SF
the lighting shown on the plan will = only be on during events
hours of operation will be Thursday = to 11:00 PM and Friday and Saturdays to 12:00 AM or 2:00 AM if they have a band, which is about once a month
property is zoned mercantile
the Town has not done any site plan = on this property – building is over 50 years old<= /li>
letter was received from the County Planning Board stating this proposed action could not have any signifi= cant county-wide or inter-community impact and would be a matter of local concern
Randy stated that the building is compliant with the code – he has not analyzed the signage but th= ey have not changed the signage so it would be pre-existing making it compliant – the interior of the building has been fire inspected recently – the applicant does have an old survey
they will have two feet of sand and = do not plan on any frames – they will have a black net that will be= all around the volleyball courts - they eventually they want to landscape the area - the liquor authority requires a fenced in area = 211; the Board wants specifics on the fence – they can have a tempora= ry fence for one year – they will have to come back before the Boar= d if they decide on permanent fencing – the horseshoe pits will have 4 foot chain-linked fencing
Randy said that the outdoor activity area is allowed in a mercantile and industrial zones=
they will have not have a bar outside – the liquor has to be purchased inside and they will not have g= lass glasses
they will slope up to the concrete p= ad – if they don’t they have to have a handicapped ramp<= /o:p>
there will be lights on the building=

The Board reviewed the environmental assessment form. Attorney Wright stated that this proposed ac= tion does not exceed any threshold in 6 NYCRR, Part 617.4 and will not receive coordinated review. The Board noted:

· this property is zoned mercantile

· if any permanent fences or awnings are pu= t in they must appear before the Planning Board for a site plan modification

· this proposed project will not have any impact on the environmental characteristics that will cause the establishme= nt of a critical environmental area

· there is no controversy related to any potential adverse environmental impacts

· the Board determined there will be not significant impacts

Motion made by Paul Shanahan, seconded by Steve Peterson that Chairman Evans execute with a negative declaration.

Carried. = &nb= sp; Ayes – 7 = &nb= sp; Noes – 0 = &nb= sp; Absent – 0

Paul asked the Alviti’s to locate on the plan where the dumpster would be. They will= put a fence around the dumpster.

Motion made by Steve Peterson, seconded by Gary Swanson to approve the site plan for Mike and Brenda Alviti for the construction of horseshoe pits and volleyball courts at the Fountain Bowl, = 3316 Fluvanna Ave., Jamestown, NY 14701. The applicant will locate the dumpster and fence around the dumpster= on the plans.

Carried. = Ayes – 7 = &nb= sp; Noes – 0 = &nb= sp; Abse= nt – 0

Chairman Evans stamped and dated three sets of plans.

Paul Potter, P.E., presented plans for Mason of = New York, Inc., 575 Fairmount Ave., W.E., Jamestown, NY for a 10’ by 16’ detached ice cream stand addition. Mr. Lyman Buck was present to represent Mason of New York, Inc.

Before starting on the site plan review, Attorney Wright asked what the code issues of putting a temporary building in a Neighborhood Zone.= He wanted to know if you could have employees working in a temporary building. Randy said that he = will address the code issues before issuing the building permit. It will have to be electrical insp= ected by a third party. =

The Board had concerns about the disposal of the waster water from the ice cream stand. Randy said the carrying of the buc= kets for disposal is not a long term solution. Mr. Potter said there could possi= bly be some sort of grinder pump. The Chautauqua County South and Center Sewer can advise on that.

Mr. Potter reviewed si= te plans and checklist noting:

the ice cream stand is portable R= 11; not a permanent structure
there is no excavation
the utilities will come out of the original building underground – there will be hot and cold water= in the ice cream stand - there will be no sewage drainage from the buildi= ng – it will go into a basin and be dumped in the building – = the Board had concerns about the disposal of the waster water from the ice cream stand - Randy said the carrying of the buckets for disposal is n= ot a long term solution - Mr. Potter said there could possibly be some sort= of grinder pump - The Chautauqua County South and Center Sewer can advise= on that

this is a movable building and will = be put next to the original building in the winter – all of the electric is flex
the signage is existing on the pole = and will be changed to indicate ice cream – there will be a menu boa= rd on the ice cream stand – Randy told Mr. Buck that the cardboard signs stuck in the ground and the ones on the poles will have to be removed because they are= not compliant - the pole that Mr. Buck wanted to put the ice cream sign on= has lost it’s pre-existing non-conforming condition because it has n= ot been used for over 12 months and cannot be replaced without action from the Zoning Board of Appeals
there will be no new landscaping
there be one new light on the buildi= ng
the projected project schedule is as soon as possible
they will need a permit from the Sou= th and Center Sewer District and the Health Department<= /li>

Attorney Wright sugges= ted that they designated the parking spaces.&n= bsp; With the ice cream stand they have a potential to draw in a lot of people. Randy agreed and stat= ed that there is code restrictions keep the cars to be ten feet away from the building. He would like to se= e in the building permit application a striping plan and parking plan that is designed by the engineer.

Mr. Buck said the only issue will be the asphalt. If= they put the asphalt down now the building will sink into it. They need a period of time for the asphalt to cure. He does not need asphalt under the ice cream stand because there will be not parking there. Mr. Wright said the requirement in the cod= e is that all parking and driveway areas are to be bituminous. Mr. Potter said if the Board could = get conditional approval he could have the site plan for the delineated area by next week and have it paved within thirty days. The Board was in agreement = to designate Randy to approve the paving and striping plan. =

The Board reviewed the environmental assessment form noting:

the amount of affected land is .1 and that a portion of this property is also in a residential
this proposed action does involve a permit approval from another governmental agency - the Health Department permi= t and a Town of Ellicott building permit

Mr. Potter made the changes and initialed them in Part I of the form.

The Board reviewed Par= t II of the environmental form and determined:

this action does not exceed any type= I threshold in 6 NYCRR, Part 617.4 and will not received coordinated rev= iew

the property is zoned Neighborhood Business
the applicant has taken efforts to minimize traffic problems by striping the pavement <= /li>
this project will not have an impact= on the environmental characteristics that will cause the establishment of= a critical environmental area
there is not likely to be any controversy related to potential adverse environmental impacts
this proposed action will not result= in any adverse environmental impacts

Motion made by Gary Swanson, seconded by Paul Shanahan to designate Chairman Evans sign the Environmental Assessment Form making the designation that this proposed action will not result in any significant adverse environmental impacts.

Carried. = &nb= sp; Ayes – 7 = &nb= sp; Noes – 0 &nb= sp; = Absent – 0

Motion made by Gary Swanson, seconded by Fred Santucci to approve the site plan for Mason of New York, Inc., 575 Fairmount Ave., W.E., Jamestown, NY for the addition of a detached ice cream stand with one contingency:

1) the applicant will pav= e the parking area and the striping plan will be designed by Paul

Potter, P.= E., and provided to Mr. Woodbury

Carried. = &nb= sp; Ayes – 7 = &nb= sp; Noes – 0 &nb= sp; = &nb= sp; Absent – 0

Chairman Evans stamped and signed three sets of = site plans.

Randy Woodbury reviewed the sketch plan for LaScala’s, 3155 Fluvanna Ave., Jamestown, NY. Randy explained to the Board that they want to renovate and reopen the restaurant on the opposite = side of Fluvanna where the Am Vets were. There was never a site plan filed for that facility.

Paul Potter, P.E., will do the site plan and Dia= ne Hendricks will be doing the interior design.

Mr. Mike Seagren told the Board = that he never received the checklist for the site plan review. Randy informed him that is on the Town of Ellicot= t web site under Section 121 of the code. This property is zoned mercantile. =

Mr. Seagren said they = will use the building just for a restaurant for now but will possibly have tenan= ts in the rest of the building. = Randy suggested that show that on the site plan so they would not have to come be= fore the Planning Board again when they decided to have possible additional tena= nts.

They will not have any outside dining at this facility.

Ms. Hendricks asked ab= out the lighting and the landscaping. The Board said that Mr. Potter will be ab= le to address all of the 28 points of the site plan review. =

Motion made by Gary Swanson, seconded by Ron Cal= anni to adjourn the meeting at 10:52 P.M.

Carried. = Ayes – 7 = &nb= sp; Noes – 0 &nb= sp; = Absent – 0

_______________________________________

Valerie Pierce, Secretary <= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>=