MINUTES OF THE REGULAR MEETING OF THE TOWN OF ELLICOTT PLANNING BOARD HELD AT THE ADMINISTRATION BUILDING, 215 SOUTH WORK ST., FALCONER, NY ON JULY 9, 2003 AT 7:00 P.M.

 

PRESENT:  Chairman Dan Evans, Ron Calanni, Becky Holmstrom, Bob Pickett, Dave Carlberg,

                  Attorney William Wright and Code Enforcement Officer Randy

                  Woodbury.

 

ABSENT:    Gary Swanson and Mike Mogenhan

 

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

 

Motion made by Dave Carlberg, seconded by Ron Calanni to approve the minutes of the May 14, 2003 meeting.

 

Carried.                Ayes-5                        Noes-0                   Absent-2

 

Fred LoFaso, agent for Lamparelli Properties, Inc. reviewed new site plans for the property at 944-956 Fairmount Ave., W.E., Jamestown, NY.  Mr. LoFaso told the Board that over the last month they had made changes to the site plan.  Since the approval of the original site plan they have acquired the Holland’s property and want to put up a second building.  They have down sized the first building to 2700 SF. They eliminated the Fairmount Avenue entrance and added an entrance onto Wicks Avenue.

 

The applicant was granted several variances at the June 30, 2003 meeting of the Zoning Board of Appeals.

 

Discussion followed on:

1)      lighting  - there will be one pole light in the parking lot and  some lighting on the

      building

2)      sidewalks – they will be concrete and paved – they are dealing with a grade change

and will make the change in the grassed area

3)      handicapped parking – there will be one space for each building

4)      Deliveries – they will come into the front of the building

5)      Sewer tie-ins  - they will tie into the existing sewer and will comply with what the South and Center Sewer District requires

6)      Fences and Dumpster

7)      Elevations – have to be shown on the plans

8)      Hours of operation – Mr, LoFaso stated he did not think they will be open beyond 11:00 PM or possibly 12:00 AM.

 

Mr. Evans asked if any neighbors had comments.  No one spoke.

 

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PAGE TWO

 

Mr. Evans asked who the tenants would be and Mr, LoFaso said that he did not have signed deals with anyone yet. 

 

Attorney Wright explained to the Board members that the applicant had been granted three variances:

1)      the east side set back from  front to back would be reduced from 30 feet to 6.75 feet

2)      the front yard set back would be reduced  from 30 feet to 25 feet

3)      the west side set back would be reduced from 30 feet to 9 feet

 

These variances were granted on the plans that the Zoning Board saw but those plans have been changed.

 

There was a discussion on the retaining wall and how far from the neighbor’s property line it will be.  Mr. LoFaso stated the wall is an average of 10 feet high and approximately one foot from the property line.Mr. Woodbury said he overlooked the height of the wall and any wall greater than 6 feet would require a variance.  Mr. LoFaso asked if would be possible to eliminate the wall and grade back on the property. The Board members agreed that that would not be feasible because it would create more drainage problems. 

 

Mr. Woodbury suggested that the applicant build the 15-foot wall and then grade against it so that over 9 feet would be covered.  He reminded Mr. LoFaso this would be critical construction.  Bob Pickett asked about the safety fence above the wall that would be 5 feet.  Mr. Woodbury stated that a safety fence on top of the wall would not need a variance. Attorney Wright reviewed Section 146-70 of the code stating the wall must conform to the character of the neighborhood.  Mr. LoFaso said the fence would be unilock system. 

 

One owner will own both of these properties and the second building will be leased.  They would like to start as soon as possible.

 

Attorney Wright asked Mr. Woodbury his opinion on the fact that there had been so many changes since the approval of the setbacks variances. Mr. Woodbury thought that Mr. LoFaso deserved a courtesy visit to the Zoning Board to see if the members think this would change anything concerning the variances.

 

Mr. LoFaso said he would try to get more green spaces added to the plans. There was discussion on the required amounts of green space – 12% overall and 5% within the interior of the parking lot.

 

Mr. Woodbury suggested that the 10-foot sidewalk could be reduced to 5 feet and than they could use the other 5 feet for green space. Mr. LoFaso said that would be shown on the new plans.

 

 

 

PLANNING BOARD

JULY 9, 2003

PAGE THREE

The members of the Board reviewed the site plan checklist noting:

1)      there were no existing building shown on the plans

2)      a storm water study was provided but the Board would like Highway Superintendent Shellhouse to review the drainage and decided if it should be reviewed by an engineer.

3)      no elevations were shown on the plans

4)      the applicant will need to satisfy South and Center Sewer District for the Sewer tie-in

5)       fire hydrants are shown on the plans

6)      signs – the applicant would have to return to the ZBA if not in compliance

7)      applicant needs to bring in light schematics

8)      the planting schedule is shown on the plans

9)      construction schedule – 90 to 120 days from the start of the project

10)   applicant needs a permit to work in the State right-of-way to do the curbing

11)   applicant was asked to plot any neighboring permanent structures

12)   contour intervals and DI’s need to be shown on the plans

 

Mr. Evans reviewed the checklist items Mr. LoFaso needed to complete the site plan review:

#7  Highway Superintendent will review the storm water study and he will decide if it needs      to be reviewed by an engineer

#6  the design, elevations, type of construction and exterior of all buildings must be shown

      on the plans and the Board also needs the lighting schematics

#21 Plans should show the change in the sidewalk -  5 % green space is required in the

      interior of the parking area

#24  a permit is required from the NYS DOT to work in the State right-of-way

#26  applicant needs to show the neighboring property with all permanent structures

#27  all topography and contour intervals must be shown on the plans and the location of

       the DI’s

Attorney Wright asked Mr. LoFaso to return to the ZBA with the revised plans.  The Board also asked Mr. LoFaso to get the site plans to the Town as soon as possible.

 

Mr. Rick Piazza addressed the Board concerning a revision to his approved site plan approval for the his carpet store at 878 Fairmount Ave., W.E., Jamestown, NY.  Mr. Piazza needs to a certificate of occupancy to open and he has not completed the site plan for this property.  He explained to the Board he lost his tenant for the second building. 

 

The Board members reviewed the approved site plan with Mr. Piazza. Mr. Evans asked if the site plans were complete. Mr. Piazza said everything was done except for the second building being constructed.

 

Attorney Wright explained to the Board members that Mr. Piazza could not get a certificate of occupancy before the site plans were complete. 

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PAGE FOUR

Mr. Woodbury suggested the Board accept the revised construction schedule. He stated he could write the conditions on the certificate of occupancy.  The Board did not want to grant additional time if Mr. Piazza did not need it. He can return to the Board if he does need additional time to complete the site plan as approved.

 

Motion made by Bob Pickett, seconded by Dave Carlberg to approve the modification to the site plan to accept the construction schedule in phases. Phase 1 being completed and Phase II to be completed in accordance with the original site plan.

 

Carried.                  Ayes-5                       Noes-0                     Absent-2

 

Elizabeth Nord asked for a sketch plan conference.  She wants to live in and run a photography studio and ballet studio at property she purchased on the corner of South Chicago and Woodworth Avenues. 

 

Attorney Wright addressed the Board and told them Ms. Nord had appeared before the Zoning Board and they had granted a special use permit to operate the photography studio but there were still questions concerning the ballet studio. He felt Ms. Nord needed a use variance instead of the special use permit for a home occupation. He stated that the use variance was very difficult to obtain. Mr. Woodbury told the Board that a use variance would trigger a site plan review but the home occupation permit would not.

 

Ms. Nord told the members of the Board that she had sent a survey around to the neighbors and they do not oppose the studios.  She asked if she could downsize the classes and start that way.  Attorney Wright explained that was not a question for the Planning Board.

 

The Chautauqua County Planning Board refused to help Ms. Nord until she got ZBA approval.  Mr. Wright told Ms. Nord she did not need the County but would have to get ZBA approval first and then determine if she needed to come to the Planning Board.

 

Dana Riforgiato, Eagle Forest Products, Inc., requested a sketch plan conference for timber harvesting behind the Colony Motel on Fairmount Ave., W.E., Jamestown, NY.  Mr. Woodbury told the Board that timber harvesting could trigger site plan review.  

 

Discussion followed on:

1)      how much land would be harvested – approximately 5 acres

2)      where the timber would be taken out – probably on Houston Avenue because there is not enough room on the Colony Motel property

3)      if there were enough sizable trees – Mr. Riforgiato stated there were

4)      Mr. Riforgiato has had conversations with both highway superintendents  - Celoron

would probably require a bond for the street and Ellicott would require proof of insurance

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PAGE FIVE

 

5)      the wooded area is flat and there is no running water on the property

6)      they would not harvest in the spring or late fall

7)      project could trigger a County review

 

The Board members determined that this project was not subject to site plan review for this timber harvesting. They recommended that Mr. Rigorgiato get a mailing list from the Town and notify the adjacent home owners if they decide to harvest this timber.

 

Ron Calanni stated that he did have some concerns with public safety and the children in the neighborhood. Mr. Rigorgiato told the Board that they could harvest after school was in session.

 

Mr. Ted Winkelman, C & R Construction, requested a sketch plan conference for M.A.C. Truck Parts for an addition to their existing building on Peck-Settlement Rd., Jamestown, NY.

 

Mr. Winkelman reviewed the plans he had for the Board members. The new addition will be 25’ X 108’ and will be used for storage.  It will not affect the drainage. This will be a pre-fabricated building and is in an Industrial zone. The applicant is asking the Board to waive the complete site plan review. 

 

Becky Holmstrom asked the cost of the project and Mr. Winkelman said it would be $50,000 to $60,000. 

                                              

Attorney Wright review section 121-5 (Review Requirements) and stated that any exterior alterations or additions to existing structures that increase the square footage by more than 25% or cost more than $15,000 need site plan review.

 

The Board determined this project would be subject to site plan review and Mr. Woodbury will give Mr. Winkelman the checklist for site plan review. He will make application for the August meeting.

 

Motion made by Bob Pickett, seconded by Dave Carlberg to adjourn the meeting at 9:05 PM.

 

Carried.               Ayes-5                   Noes-0                  Absent-2

 

 

 

____________________________

Valerie Pierce, Secretary