MINUTES OF THE REGULAR MEETING OF THE TOWN OF ELLICOTT PLANNING BOARD HELD AT THE ADMINISTRATION BUILDING, 215 SOUTH WORK ST

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 16, 2004 AT 7:00 P.M.

PRESENT: Chairman Dan Evans, Ron Calanni, Mike Mogenhan, Phyllis Belin, Attorney William Wright, Code Enforcement Officer Randy Woodbury and Secretary Valerie Pierce.

ABSENT: Gary Swanson, Becky Holmstrom and Dave Carlberg.

Chairman Dan Evans called the meeting to order at 7:00 P.M.

Motion made by Mike Mogenhan, seconded by Phyllis Belin to approve the minutes of the May 12, 2004 meeting.

Carried. Ayes-4 Noes-0 Absent-3

Rex Tolman, engineer for Kingsview Enterprises, Inc. reviewed the revised plans for the blacktop facility on Allen Street, Jamestown, NY noting they added the following to the plans:

1) the dumpster

2) the details of the building ( elevations and lighting to the building )

3) the paving for the office area

Mr. Evans asked about the tapping of shut offs by the BPU. Mr. Tolman said that was the responsibility of the applicant.

Attorney Wright asked if there would be any lighting at night or any 24-hour operation. There might be some potential for evening lighting.

Mr. Wright explained to the Board about the SEQR review. The Planning Board had sent a letter to NYS DEC requesting lead agency for this project. DEC has sent a letter to the Town, but not an unconditional one agreeing to the lead agency status. The time has expired and the Planning Board can now be lead agent. The Town has received a copy of a letter from DEC directed to the applicant stating their air permit was incomplete and that their application is subjected to Environmental Justice Policy procedures. They need a copy of the Planning Board’s SEQR review. DEC will provide the Planning Board with the information needed to help make their determination.

Attorney Wright said he had contacted Mr. Taft from DEC and had not received a reply. Mr. Tolman suggested a conditioned approval. Mr. Wright explained that a conditional approval was not appropriate. Conditional approval is given when there is a potential adverse environmental impact and the applicant is going to reduce the impact. Environmental Justice does not fall into that. Mr. Tolman said a reply to the recent letter would go out this week.

PLANNING BOARD

JUNE 16, 2004

PAGE TWO

Discussion followed on the Environmental Justice Policy and the SEQR procedure. The applicant agreed that the Planning Board should wait for the DEC’s response. The date of the next meeting was discussed. Mr. Tolman gave the Board members copies of the SEQR full environmental form to review.

Motion made by Ron Calanni, seconded by Mike Mogenhan to table this application until the next meeting.

Carried. Ayes-4 Noes-0 Absent-3

Randy Woodbury asked the Board to review a drainage issue since the Town engineer was present.

It initially involves the Zoning Board and the Verizon cellular tower between Idlewood Drive and Orchard Roads. They are to come in for their two-year renewal in July. There has been some indication that some of their work has adversely affected the drainage on Idlewood Drive.

Mr. Woodbury asked the Board if they would like a revised site plan. Discussion followed on the drainage problem. Mr. Tolman suggested the cell tower build a detention pond. Two years ago there was an issue of maintenance but not drainage.

Attorney Wright said this should be handled through the Zoning Board because that is the mechanism the Town has for any enforcement. The cell tower company needs to apply for the two-year renewal and provide a basic site plan for the Zoning Board. Then they can come to the Planning Board for site plan review. Mr. Woodbury will notify the cell tower company.

Mr. Woodbury inform the Board that Mrs. Scott Humble had called and withdrew the sketch plan review for a professional office at 690 Fairmount Ave., W.E., Jamestown. He told the Board that he has maintenance issues and is going to suggest that Mr. Humble demolish the building.

Ron Long, representing the Church of Christ, 875 Fairmount Ave., W.E., Jamestown told the Board members that the Church had retained the services of Envirovision Engineering to provide an accurate site plan for their addition. There had been no changes to the addition.

Mr. Evans reviewed a letter addressed to Mr. Woodbury requesting the withdrawal of the site plan that was presented on May 12, 2004 and stated the Church would present a new site plan for this meeting.

The Board members discussed:

1) handicapped bathrooms

PLANNING BOARD

JUNE 16, 2004

PAGE THREE

2) outdoor storage

3) the addition is for fellowship hall and will not have any effect on the operation of the Church

4) elevations were on the plans

5) no change in parking

6) they will have one additional tie-in for the sewer but no other utility changes

7) lighting is existing

8) drainage

The Board members continued with the site plan checklist noting:

1) the Planning Board is waiving the requirement for a storm water management plan

2) they have one outdoor shed

3) they will have an additional sewer line

4) the fire hydrant was not shown on the plans - Mr. Woodbury will cover that with the building permit.

5) no change in the signs

6) no change in lighting

7) they are taking out grassed area and no additional landscaping will be added

8) the Board waived the map of site topography

Attorney Wright stated this project is exempt from SEQR under 6 NYCRR Part 617.5 (7) as an expansion of a non-residential structure of less than 4000 SF.

Mr. Long posted the fire hydrants on the plans.

Motion made by Mike Mognehan, seconded by Ron Calanni to approve the site plan for Church of Christ, 875 Fairmount Ave., W.E., Jamestown, NY for an addition as presented waiving the requirement for the storm water management plan.

Carried. Ayes-4 Noes-0 Absent-3

Mr. Woodbury read a letter received today (06/16/04) from George Means requesting the premises located at 3200 Airport Drive, Jamestown, NY be used 24 hours per day for auto rental, leasing, sales, repair, for hire passenger transportation and a general business office.

Attorney Wright said this is a change of use and Mr. Means cannot start the use until he gets approval. He can do this in one of two ways:

1) he can come in for a sketch plan conference and tell the Board what he plans to do in an attempt to get a wavier to any modifications to the site plan

2) or he can modify the site plan and apply for a revision

PLANNING BOARD

JUNE 16, 2004

PAGE FOUR

American Legion Herman Kent Post 777, Jackson Ave., W.E., Jamestown, NY did apply for a revised site plan and was not heard.

Mary Santucci, 2917 West Oak Hill Rd., Jamestown, NY asked the Board for a sketch plan conference to subdivide and sell the house and ½ acre from a total of 4.7 acres on West Oak Hill Road. Frank Santucci provided a preliminary survey map showing the proposed property lines for the house.

Attorney Wright suggested they have a land surveyor provide the Board with descriptions of both properties. The Santucci’s were told file an application with 4 copies of the survey to the Town Clerk’s Office at least 10 days prior to the July meeting. There will be a public hearing for the minor subdivision.

Randy Woodbury told the Board that an owner of a house and car sales business on Falconer Kimball Stand Road wants to build a new house out back. When that is completed he wants to abandon the use of the existing house as a residence and use it for the business. You can have only one dwelling on a site but they will only be living in one at a time. Discussion followed on the enforcement. Attorney Wright said he needs a site plan review and suggested he should show the whole project on the site plan review. Then the Town has an enforcement mechanism.

Motion made by Mike Mogenhan, seconded by Ron Calanni to adjourn the meeting at 8:18 PM.

Carried. Ayes-4 Noes-0 Absent-3

_________________________________________

Valerie Pierce, Secretary