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 JULY 8, 2009 AT 7:00 P.M.

PRESENT: Chairman Dan Evans, Gary Swanson, Ron Calanni, Ph= yllis Belin, Paul Shanahan, Fred Santucci, Attorney William Wright, Code Enforcem= ent Officer Randy Woodbury and Secretary Valerie Pierce

ABSENT: Steve Peterson

Chairman Evans opened the meet= ing at 7:00 PM.

Motion made by Gary Swanson, s= econded by Ron Calanni to approve the minutes of the June 10, 2009 meeting.

Carried. = &nb= sp; Ayes – 6 = &nb= sp; Noes – 0 &= nbsp; &nbs= p; Absent - 1

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp;

Chairman Evans opened the Publ= ic Hearing for LaScala’s Restaurant Site Plan

Paul Potter presented the Site Plan, Survey by Michael Rodgers. This was a report= of exactly what already exists.

· No drainage changes

· No driveway changes

· Lighting will stay exac= tly as is and a lighting plan will be submitted to Randy Woodbury

· There are a couple of s= torm water basins. Most water runs= off backside. The property slopes= to the back toward the lake

· The driveway on the West will be an entrance and the driveway on the East will be an exit.

· There will be landscapi= ng

· This is Mercantile Zone= in all directions

· No municipal water or s= ewer (sewer was tested right after purchase)&nb= sp; Well is in front

· Issues regarding a priv= acy fence were discussed

· A fence must be built around the dumpster

· No drainage issues, pro= perty not in wetlands area

· Last hydrant is at city line

· Premises had previously been granted a variance from State Code for a sprinkler system for an assem= bly space by the NYS Dept. of Labor. Mr. Potter is working to see if variance carries over to new owner.<= o:p>

· Any and all signs will = be in compliance

Atto= rney Wright noted for the record that this project is a Type II action and is ex= empt from the SEQRA.

Motion by Gary Swanson, second= ed by Phyllis Belin that this plan be accepted with the four contingencies:

1. To have signs in compliance

2. <= span style=3D'mso-spacerun:yes'> Install a fence around dumpster

3. Submit a lighting plan =

4. Submit dimensions of all buildings= on property.

Carried. = Ayes- 6 &n= bsp; = ; Noes- 0 &n= bsp; = ; Absent-1

Paul Potter presented plans fo= r Chautauqua Watershed Conservatory Projects. Since more people were attending for the Fluvanna project than the Elmwood Av WE project, the Fluvanna project was presented first.=

· There will be a sign stating the area will be open from sunrise to sunset

· A 3 x 4 ft sign (or what would be allowed in this zone) is proposed for the front entrance

· Posts would be installe= d to keep cars from going in further

· Proposed parking will be for three vehicles, there is parking for two at present

· Formal surveying by Mike Rodgers and staking has been done

Kathy Park, 2806 Denslow Ave stated that presently there isn’t much vehicle traffic that go= es down into the area.

Bruce Cobb, 3352 Old Fluvanna = Rd, is against the proposed project because when the area used to be more accessible, there were cars going in and out at all hours. Trash was left behind. It’s a nice residential area= and he would like to keep it that way.

James Seymour, 2802 Denslow Av= , asked if a gate could be installed instead of a post in case the neighbors needed access to their back yard.

Jim Glenn, 3351 Old Fluvanna R= d, has no problem with Conservatory project and parking is OK if there = is a stipulation of rules and regulations. He is concerned that more people will be visiting there when they kn= ow it isn’t private property.

Dean Valliancourt, 2782 Denslow Av, prefers the area to be left as is. Parking lot and signs adv= ertise for people come to this area. He is concerned there will be more trash left behind.

Eugene Forness, 3365 Old Fluva= nna Rd, wants to know if there are g= oing to be guided tours and the purpose of having this is.

It is desired to make this a nice nature preserve and the neighbors are the best defense of abuse to the property. It is to promote environmentalism.&= nbsp; They do not want to see it trashed.= If there is to be a tour after posted hours the neighbors will be notified. They do not want pe= ople partying. They have already removed a lot of debris from the area.

· Suggestion to have one = of the neighbors lock and unlock a gate to keep people out during evening hour= s.

· If there are abuses, the neighbors should contact the Watershed Conservancy. To prevent use by off road recreat= ional vehicles a trail would be constructed to not be conducive to such vehicles.= Some trees could be dropped onto t= he trails if needed. =

· No development is plann= ed for waterfront. No docks, no improvements.

· Signs around perimeter:= No littering, camping, dumping, vehicles, parties, hunting or trapping.

· Zoning is Residential (a 2 sq ft sign would be allowed)<= o:p>

· They would like a sign = by the river indicating it is a nature preserve.

· They would be willing to gate the area.

· Land by lake is NYS DEC= wet lands.

· There will be no landscaping. Trails will just= be gravel level with grass. No m= owing. They may or may not plow for cross country skiing.

· Parking lot is 40 ft fr= om road.

· They would like to put = in gravel ASAP and put in sign.

· The gate could be part = of this project.

· They have eight propert= ies like this, some have parking areas, some don’t and so far, they have = had few problems.

· There will be no trash containers

· There are no current pl= ans to extend the trails.

A fu= ll sized Rodgers Survey will be presented to Randy Woodbury with alterations a= nd the alterations will be stamped and signed.

The = gate will be a pipe between two other pipes that will be locked. It will be similar to the Westfield Watershed and gas line roads. There will be an anchor to prevent it from swinging shut once opened. Randy Woodbury will call the gate a fence because a fence has to meet the character of the neighborhood.

It w= as noted that the Board did waive the following criteria:

· The grading and drainage plan

· The storm water managem= ent plan

· The required bituminous surface for the entrance drive and parking area

· The aerial map

· The map of site topogra= phy

The Board reviewed the SEQR. Atto= rney Wright stated that this action does not exceed any type I threshold in 6 NY= CRR, Part 617.4 and would not receive any coordinated review. The Board noted th= at:

there would be no trash containers along the trail
this will not be a public park
this project will = not have an impact on the environmental characteristics that would cause the establishment of a critical environmental area
there is no controversy related to potential adverse environmental impacts

Motion by Gary Swanson seconde= d by Paul Shanahan to accept the criteria of the Site Plan with the waivers afore mentioned and with the stipulations:

· that the entry will be gated and maintained in a locked position from dusk to dawn by the Chautauqua Watershed Conservancy or neighbors

· if it is reported that the trail is being abused = by any off road vehicles the CWC will take measures to put barriers up to prev= ent such abuse

· nei= ghbors will receive prior notification to any night time educational tours that may occur

· any signs will be compliant=

Carried. = Ayes- 6 &n= bsp; = ; Noes- 0 &n= bsp; = ; Absent- 1

Paul Potter presented plans for the Elmwood Av WE Water Conservatory project

· Plans are for parking t= wo cars on the paper street.

· They are proposing a 1 = x 2 ft double sided sign to be placed at Elmwood, with an arrow.

· There will be an informational kiosk with a map of the site and of the trail along with rules and regulations.

· There will be some brid= ges and since it is in a flood plain area, the bridges will be designed by an engineer with an hydrology study. All bridges will have some kind of structural analysis. A bridge is defined as anything ov= er 20 feet in length, anything under that is a culvert.

· There will be no gate as cars can not go beyond parking area. There is a ditch approximately 4 ft deep that would need to be cross= ed.

· There will be no buildi= ngs on this property.

· There will be a building permit for bridges and openings will be determined by hydrology studies. Randy Woodbury will be reviewing t= o meet code for structures and waterways. Independent engineers may be hired at the CWC’s expense.

Alan Hendrickson of 21 Winsor Place is concerned about the develop= ment of the land. He donated his l= and to the CWC to protect the entire neighborhood.

Brian Orlando of 48 Elmwood Av= opposes the parking situation. He wants the trails in but wants to eliminate the parking. Let the neighborhood use it. People can park at the plaza and w= alk up. He feels that by eliminating parking it would eliminate the problem of = people leaving trash and it would deter people from using it. He is concerned about the children= in the neighborhood with the increased parking and traffic. He doesn’t want people parki= ng along Elmwood Av. =

Alan Hendrickson believes the paper street isn’t the property of the Town. He claims the Town has = never said the paper street is the Town’s property. Brian states that he and his wife maintain the paper street and have for 20 yrs. He was told he couldn’t acquire same street five years ago. Atty. Wright stated that there are two cases where individuals in the Town have been able to have revocable license agreements with the Town for = the use of the paper street with indemnification with insurance provisions. Until such agreement is reached, t= he Zoning Board can not approve a Site Plan that has the use of that paper street.

Victoria Bardo of 49 Elmwood A= v, loves the idea of a walking trail with access to all the land. She is concerned about the parking situation. She does not want = people parking on her lawn and she does not want undesirables in her neighborhood, speeding, litter or noise.

Tim Landy of 56 Elmwood Av is concerned about overflow of parking because there a lot of kids in the neighborhood.

Dennis Webster of 45 Elmwood A= v is in agreement with the conservancy’s overall goals for this property to conserve it as an undeveloped and undisturbed area. He is concerned of people taking advantage of the site without regard to the neighborhood’s and CWC sh= ared goals. He fears that creating= easy access to a natural space in a heavily populated area would lead to somethi= ng counter productive for the CWC and neighborhood.

The secretary has a letter from Lisa Vanstrom, 55 Plummer Av, who= is in favor of the project. She stated that the Conservancy has a long standing tradition of responsibility and tastefulness with their projects. She feels this would protect a natural land asset.

Lett= ers were also filed from Vicky Bardo and Dennis Webster.

The board requested more detail on the parking area.

Esti= mated time for completion of this project depends on costs and an easement from t= he Town.

Motion by Paul Shanahan second= ed by Fred Santucci to table this decision until the Chautauqua Watershed Conservancy appears before the Town Board.

Carried: = Ayes: 6 = &nb= sp; Noes: 0 = &nb= sp; Absent: 1

The Board took a short recess at 9:25 PM.

Chai= rman Evans reopened the public hearing for Todd Saracki (Carlton Homes, LLC) = for Site Plan approval and the Subdivision approval for the Hawthorne Patio Home Subdivision located off Hu= nt Rd., W.E., Jamestown, NY.

Don Sennett, PE for this proje= ct, told the Board they had submitted a letter accompanying the plan that included the additional items they needed= for compliance of the subdivision approval.

· The name of the road is= Berkshire Drive. It appears on all of the plans and the plat map.

· Adjoining subdivision h= ave been added to the plat plan – Fairmount Park and Nottingham Court

· Lots are numbered.=

· The comments made by th= e South and Center Chautauqua Lake Sewer District have been added/corrected to the plans – they requested on the sewer plan to move a manhole 10 feet fr= om a property line – they requested Mr. Saracki drop a couple of laterals = to the property for future development – they asked that the laterals be marked

· They have looked at the sight distances along Hunt Road – they obtained the original design of Hunt Road from the County – they also took spot elevations along Hunt Road – the findings are that the stopping sight distance is as per today’s AASHTO requirements – on the sag curve the headlight si= ght distance is only 163 feet – this is not usually a problem if there ar= e no obstructions

· The water plan has been submitted by the BPU to the Chautauqua County Health Department for review – they are complying with the current requirements for the subdivisio= n by South and Center Chautauqua Lake Sewer District which was to fill out paper work and submit three final sets of plans and the engineer’s report <= o:p>

· Mr. Sennett said that t= he other items that the Board discussed were to have Highway Superintendent Shellhouse’s approval:

o&nb= sp; The roadway width<= /o:p>

o&nb= sp; Cul-de-sac diameter

o&nb= sp; The acceptability of the Town to accept the drainage systems, lighting, fencing and the involvement = of the Town engineer

Mr. Shellhouse did write a letter that stated he had reviewed the latest plans = for the subdivision: &nb= sp; = &= nbsp;

The plans show the roadways and utilities in accordance with Town and County requirements=
The Town would req= uire rights in and to the lower drainage pond, but the ownership of all pon= ds must stay with the homeowners association

As p= art of the storm water notice of termination Todd would have to attest to the f= act that he has a homeowners association.

Atto= rney Wright asked if they had any idea on how long it would take on the approval= of the water plant. The Health department will not approve the water until the applicant has the Town̵= 7;s approval on the subdivision. = No one can occupy anything until the Health Department approves and no building permits can be issued until their approval.

Randy said that the County Clerk will not file= the subdivision until the plans are stamped and approved by the Town and then by the Health Department. The To= wn code requires after the subdivision is filed with the County Clerk the applicant must provide= an exact copy of the subdivision map filed with the County Clerk.

Atto= rney Wright said the minutes stated a letter was required from the Highway Superintendent with his recommendation on the size and maintenance of the r= oad and the lighting and fences around the pond. Mr. Shellhouse did not say if he w= anted the Town engineer involved in the drainage plan. Randy said that he did review the = plans with Mr. Shellhouse but did not have the points in question in front of him. Randy said that his opin= ion would be that there should be a fence around the pond. There has only been one exception = to that and that was because the entry slopes were extremely gradual. The Board agreed there should be a fence around the ponds. The fence should be at least 4 foo= t tall and not higher then 6 feet. <= o:p>

Atto= rney Wright said he had received an e-mail concerning the homeowner’s agreement from Mr. Saracki’s attorney but did not have time to review that. Todd said that he thought it was pretty basic and left that up to his attorney. <= /p>

The final point in the discussion at the last meeting was wetlands.

Todd hired a compa= ny out of Buffalo to do a preliminary wetlands delineation
They determined that parts of lots 1 through 4 could be considered wetlands because they contain water, hydric soils = and aquatic vegetation
Mr. Wright discuss= ed bringing in the Army Corp of Engineers with Todd, but it would be a lengthy period of time to get them here and they still may not come un= less they do a more detailed wetlands delineation
The company hired = by Mr. Saracki determined that the wetlands are probably a low quality wetlands - they are probably manmade as a result of the construction o= n Hunt Road - the Army Corp of Engineers would not would not be interested in them as Federal wetlands unless they had significant nexus to a water course, which they believe they do not
the Town’s i= ssue is whether or not the Town of Ellicott can approve a plan that has potential wetlands and where the liability lies – the responsibi= lity lies totally on the applicant and is their liability – to protect the Board Mr. Wright would like to see= built in the final resolution that they are in no way authorizing the altera= tion of potential wetlands - then it is up to the applicant, knowing what he does, whether= he wants to disturb the area or not – it is not the Board’s responsibility

The Board asked for a copy of the BPU submittal to the Health Department. Mr. Saracki said that he did not h= ave one but knew that everything had been done.

The Board discussed procedure.

last month the Boa= rd approved the preliminary plat plan with conditions
if all of those conditions have been met, the Board can accept the final plat plan and schedule a Public Hearing within 90 days of the submission of the final plat plan

Motion made by Ron Calanni, seconded by Fred Santucci to accept this plat plan as the final plat plan a= nd schedule the Public Hearing for this subdivision for August 12, 2009 at 7:00 PM.

Carried. = Ayes – 5 = &nb= sp; Noes – 0 = Absent – 2

Secr= etary Pierce was asked to publish the notice in the paper at least 5 days prior to the Public Hearing and notice the same neighbors again. The EAF will need t= o be reviewed before the final approval. The site plan checklist is not appropri= ate for this because the subdivision has its own requirements.

Timothy Magnuson, owner of 484= Fairmount Ave., W.E., Jamestown, NY (Dibert Home) and Dave Gollnick, builder, present= ed a sketch plan to add a 1960 SF addition to the Dibert Home.

Mr. Gollnick reviewed the plans with the Board.

This addition will= house one person
It is a one story = plan with a garage
The exterior will match the existing structure
This will be a modification of the existing Special Use Permit that will require an appearance before the Zoning Board of Appeals
There is one staff person there 24 hours a day – there are cleaning and kitchen per= sonnel in and out at different times – Mr. Magnuson and Mr. Ostrom are = in and out all day – there would probably be up to four vehicles at= a time – the residents normally do not have a car but the person t= hat will reside in the new addition will have a car and is requesting a ga= rage – there are currently 6 parking spaces and that is sufficient

The Board went through the checklist and noted the applicant will need to addre= ss all of the 28 points on the checklist.&nbs= p;

The property is zo= ned Professional Office
The setbacks are m= et
They are looking at putting in a separate sewer and electric panel box – it will be electric heat
There will be a firewall put in
There will be exte= rior lights on the building
Tim Magnuson said = they have not had any water problems in 25 years – the runoff water w= ill go into the ditch in the road
No change in the landscaping – the plants and shrubs will be aesthetically pleasi= ng –
There will be a sm= all sidewalk
There will be a cr= awl space not a basement

The applicant must apply before July 16, 2009 to be put on the agenda for the Zoning Board.

There was discussion on the Comprehensive Plan.&= nbsp; In Section 146-75 B of the Town of Ellicott Pl= anning and Zoning Code (Powers and Duties of the Planning Board) it states that it= is the duty of the Planning Board to prepare and change the Master Plan for the Town of Ellicott. Attorney Wright said that the Planning Board should have a work meeting to review the plan because it is a Planning Board function. =

Randy said that the Town Board would like the Planning Board and Town Board to go through the Comprehensive Plan and have the Public Hearing jointly. Mr. Wright said that to prepare fo= r that the Planning Board should have the work session. The consultant will come f= or the Public Hearing. Randy sai= d the Town Board would like a specific end date.

The work session is set for Wednesday, July 22, 2009.

Motion made by Fred Santucci, seconded by Paul Shanahan to adjourn the meeting at 10:30 PM.

Carried. = Ayes – 5 &nbs= p; &= nbsp; Noes – 0 &= nbsp; Absent - 2

____= __________________________

Vale= rie Pierce, Secretary