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 = 13, 2007 AT 7:00 P.M.

PRESENT:= Chairman Dan Evans, Ga= ry Swanson, Ron Calanni, Dave Carlberg, Phyllis Belin, Paul Shanahan, Steven Peterson, Attorney William Wright, Code Enforcement Office Randy Woodbury and Secretary Valerie Pierce

ABSENT: None <= /span>

Chairman Evans opened the meeting at 7:10 PM.

Motion made by Gary Swanson, seconded by Ron Cal= anni to approve the minutes of the May 9, 2007 meeting.

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

= &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp;

Chairman Evans opened the Public Hearing for a request from the Town Board for a recommendation for rezoning approximately= 55 acres of Residential zoned land easterly of the Mercantile Zone on North Ma= in Street Ext., Jamestown, NY.

Andrew Jochum, 2700 Horton Road, Jamestown, NY, = stated that he was not opposed to all commercial activity on North Main Street Ext. but does think= Horton Road= is very residential. He said that originally the Town set the stream as the natural dividing line and Mr. Jochum would like to see the Board keep the stream as= the natural buffer going to Ho= rton Road and as far as Palm Road. After Palm Road they could back the merca= ntile zone up further. Mr. Jochum t= old the Board there are wetlands south of Horton Road. Mr. Jochum reminded the Board that Jack Scalise donated a lot of the land in the back of his property to the Boy and Girl Scouts to provide a buffer. This could be a continuation of that buffer if the Board lets it go = just to the stream.

Susan Carlson, 2709 Horton Rd, Jamestown, NY, told the Board that she lives just one lot away from the creek.&nb= sp; She stated that she was not against any development on property along Route 60 but she is concerned that the zoning line could come up to her property.

Kim Sherwood, a resident of the Town of Ellingto= n, told the Board he came= to this meeting as a citizen of the area to express a concern about sprawl. He knows that development is intimate and is needed to be prosperous but he wo= uld like to encourage the Planning Board to think about what the Town of Ellico= tt will look like in the future and to develop it in a way that is sustainable= so they do not end up with more problems than benefits. Mr. Sherwood said he belongs to the Conewango Creek Watershed Association and they have a concern about the flo= od plains. Randy Woodbury did ass= ure Mr. Jochum that any developer would have to comply with all the State laws. One thing that goes on = in watersheds is that you have accumulative effects. That means the sum of the incremental effects of each piece often ends up being more than the grand total.

Pat Carr, owner of property on Eckman Road and a resident of North Main Street Ext., stated she is not against what the Carlsons and Cederquists are proposing but would like them not go back so far. She said = that previously people did hunt for beaver on this property. She is concerned about the girl sc= outs. They camp down in there so she has concerns for the children if they rezone= too far.

Sue Carlson added that as far as the wetlands are concerned,= a few years ago she had a water moccasin in her flowerbed. They know it was a water moccasin because they had officials come to verify what it was. =

Mr. James Carlson, owner of property at 2990 Nor= th Main Street Ext., Jamestown, NY, told the Board:

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>1) his family has owned t= his property for over one hundred years

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>2) there are no wetlands = on his property according to the State of New York – there is a stream that runs though h= is property –there is no beaver dam on the property now

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>3) he was not aware that = girl scouts were camping on his property and no one has ever asked permission for the girl scouts to camp

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>4) as you drive Horton Road= you can not see his property until you get to the top of the hill because of all the trees - you look down on the Comfort Inn, the Hampton Inn, the gas station = and the freeway

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>5) the development that h= e is working on requires all of his acreage – the Town will lose tax base = if this is not done

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'>6) he said he believes th= at the rezoning was done incorrectly when it was done in the past – he said there should be uniformity

Mr. Jochum said that you do not see Mr. Carlson’s pr= operty now because it is beautiful and nicely treed. The neighbors will see a Lowe= s, a Target or something else and that is fine except that another ramification = to this is they will now have trucks coming unto Horton Road. Mr. Jochum said that everyone woul= d come out fine if they meet halfway. The residents are supporting the Carlsons but asked them to downsize the project a little. Mr. Jochum asked that the Town accommodate the residents of the area.

Randy Woodbury= provided the Board me= mbers with a map of the existing division line between Mercantile on the west and Residential on the east. He h= as marked and flagged both Horton and Palm Roads where they intersect that line. He also marked the poss= ible line where it would extend easterly to where it is currently residential to= the west and agricultural residential to the east. That line is approximately 700 feet easterly of the first mention line and is also marked and flagged where it would intersect both Horton Road and Palm Road.

There were no other questions from the Board members. Dan explained that the Board would be doing a field trip to the property. He asked for any additional comments from residents.

Herbert Burch, 2771 Horton Road, Jamestown, NY, = asked if they would be forced to move at some point. He lives right on the corner of Horton Rd. and North Main St. Ext. Mr. Wright explained that Mr. Burch’s property was rezoned to Mercantile years a= go when they rezoned the properties back 750 feet from North Main Street Ext. = Mr. Wright stated the consideration now is that the Town Board has asked the Planning Board to make a recommendation on whether to move that line deeper, which would be approximately 1200 feet.

Soffian Adam, 3128 North Main Street Ext., Jamestown, NY, said they own one of the properties that are split by the rezoning.= He had concerns with the impact it would have on their property. He has small children and is concerned with additional traffic but also has concerns abo= ut the people moving out of the area.

Attorney Wright said that it could affect their assessment if the property starts to sell but stated no one can force them = to sell their property. Dan Evans told Mr. Adam that the property next to him might be sold for Mercantile use to a depth of 1200 feet, which could affect traffic, noise and etc.

Mr. Adam asked if one owner were opposed, would = that be a reason they would not rezone. Attorney Wright told him that one of multiple factors for the Planni= ng Board to consider is the impact on all of the neighbors. Everyone states his or her prefere= nce but no one person could prevent the rezoning. It is up to the Town Board as= to whether or not they want to rezone the property upon recommendation of the Planning Board. The Board will consider everyone’s opinion. Mr. Adam does not want any animosity with neighbors but they bought the property because they liked the area and it w= as outside of Town and was quiet. Mr. Adam is a biology teacher and has a stro= ng love and reverence for nature and the environment. He personally would not = like to see the development North Main St. Ext.=

Pat Carr and Sue Carlson said that they know thi= s is going to happen, but wanted to know how it would affect their assessments. = They have seen on Fairmount Avenue where people have had to sell their property = and doctors and other professional offices have gone in. Ms. Carr said she and = her son own over two hundred acres on the other side of the road further out and have concerns about what would happen to their assessments.

Attorney Wright said the Board really has no idea what might happen with assessments, but a mercantile property could be valu= ed on a per acre basis as being more valuable. If their property borders the Mercantile Zone their assessment should not change but potentially could go= down.

Mr. Carlson said that on Ms. Carr’s side of North Main Street Ext. her property is already zoned Mercantile 3000 feet b= ack. He said the development company he is working with and the stores they are working with support the tax base heavily as well supporting the schools.

Mr. Jochum asked “who they were?”. Mr. Carlson said he could not say.= Mr. Jochum said then it should not= be talked about. Chairman Evans said the Board does not have anything before t= hem except the rezoning requested by the Town Board.

Mr. Sherwood said that planning to him means “foresight” and so he would encourage the Board to use their responsibility and authority as a Planning Board to help this area’s future. He said sustainable, responsible growth is great but sprawl does not work.

Mrs. Jim Carlson said that Mr. Adam had a concern about t= he people moving out of Jamestown. If everyone keeps moving away to secure jobs and support their families then t= here won’t be anyone here to keep the communities running. The future is i= n keeping the people here and bringing people from outside the community in to build a tax base and to provide for the senior citizens and the children and the schools.

There were no more comments from the Board. Chairman Evans said that Randy pro= vided maps for the field trip.

Motion made by Dave Carlberg, seconded by Gary Swanson to adjourn the meeting at 7:40 PM.

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

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Valerie Pierce, Secretary