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 AUGUST 8,
2007 AT 7:00 P.M.
PRESENT: Chairman Dan Evans, Gary Swanson,
Ron Calanni, Phyllis Belin, Paul Shanahan, Steven Peterson, Attorney William
Wright, Code Enforcement Officer Randy Woodbury
Gary Swanson serving as secretary
ABSENT: Dave Carlberg
Chairman Evans opened the meeting at 7:00 PM.
Motion made by Steve Peterson, seconded by Ron
Calanni to approve the minutes of the July 18, 2007 meeting.
Carried. Ayes 6 Noes 0 Absent - 1
Chairman Evans opened the Public Hearing for Anthony
Payne for Site Plan Review to construct a new building to replace the existing
building owned by the Am Vets at 3334 Fluvanna Avenue, Jamestown, NY.
Jerome Erickson, Engineer and Surveyor for Mr.
Payne, presented
the site plan for Mr. Payne. He
provided a survey of the property that was purchased by Mr. Payne with the
structures and the names of abutting property owners. He reviewed the plan with the Planning Board noting:
1)
Mr.
Payne proposes to eliminate the band shell and the building that was the
restaurant
and the Am Vets Post building
2)
he
proposes to build a 16 by 100 building with a 28 by 40 additional building
the second building will be large enough for Mr. Payne to store two of his
trailers and the other one will store a tractor and trailer the building will
be functional as a wash bay
3)
the
house that is on the back of the property will be used as an office
4)
there
is a very good productive well on the property that supplies water to the house
they may or may not use the small well house over where the well was water
could be transferred over to the main building
5)
Mr.
Payne would like to put an 8 chain link fence around three sides of the
property there may be a 6 or 8high wrought iron fence in the front
6)
they are proposing that as the building is demolished some blacktop
will be removed off the west end of the parking lot they will put more paving
in near the office for parking and some paving around the building so trucks
can drive in and out around the building
7)
Mr. Payne may move into the house or he may continue to rent the house
8)
the water will come from the existing well there are septic systems
on the site but if they are disturbed the County Health Department will be
involved in replacing them
9)
the storm water runoff will follow the same path it does now
presently it flows both to the east and to the west and also south into catch
basins that are in the State right-ofway -
Mr. Erickson stated he thought that there could be more water running to
the east (towards the bowling alley) then there is at the present time and less
going to the west- there is a ditch on each side of the property that runs
toward the road that connects into the State storm water system
10)
there will be no major repair done in the building there will be a
concrete floor and with a drain
connected to an oil separator
11)
there is one large pole light on the west side of the property - Mr.
Erickson does not think that will be used because Mr. Payne has no need for that
lighting he will probably have a security light over the doors
12)
the
structure will be a pole building it will be metal sided and have a metal
roof Mr. Erickson did not have any elevation drawings of the building but
stated the building would be somewhere between 13 and 15 high the 16 by
100 building will probably be have a 14 by 20 door the door where the
tractors are will be 12 by 12
13)
Attorney
Wright asked, given the applicant has been told he cannot park the trucks
outside, what reason would there be to leave so much impervious area - Mr.
Erickson said that perhaps there would be a truck waiting for another one to
leave before he could park inside.
14)
Mr.
Evans asked about the landscaping Mr. Erickson said there are a lot of pine
trees on the property the area where they are removing the pavement will be
replaced with grass
15)
Mr.
Erickson stated that all setbacks meet the code nothing will be changed in
the existing house area
16)
no
outside storage - no dumpster is needed
Mr. Erickson told the Board there could be a small building around the well
if Mr. Payne wants the well controls outside
17)
signage
there is an existing pole sign that will probably be removed Mr. Payne has
no need for signage
18)
Paul
Shanahan said the County referral letter indicated that the closed building
would not meet the side yard setbacks Mr. Erickson said this plan has been
modified to meet those setback requirements
19)
the
floor in the building will be concrete and will be built so it can retain any
spillage if there is any the trucks will be empty when they are at this
location Mr. Payne hauls oil products, some other chemical additives for
diesel fuel and gasoline, transmission fluid, cooling cutting oil - most of the
time its a component of the products and not a finished products
20)
Phyllis
Belin asked if Mr. Payne had only two tractor trailers - Mr. Erickson told the
Board Mr. Payne has other trucks that haul in the Texas and California area
that never get here he has other places for those Mr. Erickson stated that
he will never have more then one trailer on the property at a time
21)
Steve
Peterson asked if the building would be heated - Mr. Erickson said the
buildings will be heated and all the eves will be finished off the building
will be insulated and will have a fire rated dry wall on the inside
22)
Ron
Calanni asked about regular business hours Mr. Erickson said that Mr. Payne
does have one full time employee to keep track of the schedules, etc - there
could be vehicles there when an employees comes to work employee parking will
be behind the building that will house the trucks
23)
Phyllis
Belin said the application stated there would be a building to be used as a
garage for three tractor trailers Mr. Erickson told the Board that originally
when they went to the Zoning Board they wanted a building that would house 3
tractor trailers the property did not allow for that so they decided to build
a building to house just one rather than to build something that would detract
from the value of the property by having something in front of the whole house
they also would have had to add more pavement
Bruce Scolton, Attorney for the Hedin family, addressed the Board. Mr.
Scolton stated that the Hedins have indicated what their practical concerns
are about the products, noise, numbers and the run off.
Mr. Scolton said everything that has been presented
by Mr. Erickson presumes that Mr. Payne can do this under the zoning that
exists in that area. Mr. Scolton stated
that he did not believe that the zoning in a Shopping District would permit the
operation of a trucking company. This
proposed use is not something that is a shopping center, commercial or service
use to serve the surrounding residential districts. He recited from 146-25 of
the Town of Ellicott Zoning and Planning code, which is the purpose of the
shopping center district. It refers to
another section of the statue, the mercantile district, that says you can do
what the mercantile says - Mr. Scolton feels that is where Mr. Woodbury may
have been drawing information about the vehicles repair and maintenance
facilities. In section 146-33 the
permitted uses in a mercantile district are listed, which includes vehicle
repair and maintenance facilities. If you incorporated that into the shopping center
district, it is suppose to be serving the surrounding residential districts not
an individually owned business that serves itself. Mr. Scolton reviewed section 146-28 that listed the excluded
uses. It states that there shall be no storage of goods and no storage of
vehicles, except within the premises constructed, except agricultural products
displayed within three feet from the building.
Mr. Scolton said he felt that it was drawn out of
that section to give Mr. Payne a foot lever into saying he is entitled do this
because he is within premises being constructed. He emphasized on behalf of the Hedins and his interpretation of
the zoning code that those three or four words in an exception situation cannot
override the general purpose of the shopping center use itself. Mr. Scolton said that the vehicles permitted
inside should be related to the mercantile or shopping center use that is
permitted within the district.
Mr. Scolton said he was trying to determine at what
level or stage and in which form the basic determination was made that this is
a permitted use and allowed this application to come before this Board.
Attorney Wright stated that the determination was
definably made when the applicant appeared for a sketch plan conference on May
9, 2007. Mr. Woodbury put on the record
that based on the discussions with Mr. Payne that the project falls within the
shopping center district requirements and he gave the reasons why. The Board at the next meeting on June 13,
2007 approved those minutes. They are
within the sixty-day statue of limitations under 267A (8), but only by days.
The preliminary decision of what is and is not allowed in the district is that
of the Code Enforcement Officer subject to any appeal that is made. Mr.
Wrights recommendation is to follow the procedure under 267A (8), within 60
days of the determination being made, and make an appeal challenging the
determination of the Code Enforcement Officer.
Attorney Wrights recommendation to the Planning
Board, based on the Code Enforcement Officers determination, is to have them
move forward. However, when the zoning
issues are raised that will set aside the Planning Board. You need the site
plan approval plus you need it to be zoned properly. Mr. Scolton wanted to make clear to Mr. Erickson that he would
like him to inform his client that if the Planning Board says he can do this
and Mr. Payne wants to start digging tomorrow they will try to halt the
project. Mr. Erickson said that it would
not be possible to start so fast because Mr. Payne cannot start digging until
he has the building plans approved. Randy told Mr. Scolton that if he files the
application to appeal his determination tomorrow he would hold the building
plans and not issue the building permit.
The Board reviewed the site plan and went through
the site plan checklist noting the following:
1)
section
121-11C 5 and 7 - there was no storm water management plan provided Mr.
Erickson said contours wont work because the site is flat - there are site
elevations on the plans indicating the drainage flow the total elevation
across the entire property is approximately two feet the Board can recommend
to waive contours - the Board agreed
there should be some sort of certification on the drainage because of the new
buildings and they are changing parking Mr. Erickson said this does not fall
under the NYS DEC requirements for physical disturbance in storm water plan
the parcel is approximately 1 ½ acres but there will not be physical
disturbance of over an acre Randy stated the code requires a storm water
management regardless and asked Mr. Erickson to put his analysis in writing
the applicant also went through the 28
point check list during the sketch plan conference - he had the opportunity to ask for any relief on the 28 points but
did not ask for any the Board would like to see an engineering analysis of
the water drainage but agreed to waive the topals -
2)
section
121-11C 12 discussion on where the oil separators will discharge Mr.
Erickson said that will depend on the Health Department the Health Department
has asked in certain circumstances that the discharge be underground or run
above ground and into a ditch Randy also stated that the fence is 8 feet high
and would require a variance
3)
section
121-11C 13 - they will use existing septic systems if approved by the County
Health Department
4)
section
121-11C 17 there will be no signage
5)
section
121-11C 18- they have vegetative cover all around the site
6)
section
121-11C 19 there is one light in the parking lot that Mr. Erickson said he
sees no use for there will be lights on the building
7)
section
121-11C 23 they will have to have approval from the County Health Department
as well as the NYS DEC and NYS DOT
8)
section
121-11C 25 Mr. Payne is under contract to purchase this property and has a
land contract the Town will need a copy of the contract
9)
section
121-11C 8 and 28 the Board needs to see the elevations of the building
There was discussion on the possible removal of the
existing large parking area since they will have no use for it. Attorney Wright
asked the Board if it did not make sense to require the applicant to remove the
parking area if he did not need it and it would help with the drainage and the
appearance. Mr. Woodbury agreed with
the idea of removing any parking area that was not needed. The Board would also
like the signpost removed that Mr. Erickson stated they did not need.
Chairman Evans listed the items that Mr. Erickson
needed to provide:
1)
the
Board waived the contours but will require a storm water analysis
2)
the
Board will require that the paved area that is not in use be removed
3)
the
8 foot fence would have to be made compliant or he will need a variance from
the ZBA
4)
the
Board is requesting that the sign pole be removed unless Mr. Payne wants to
bring in a proposal for a sign and use the pole
5)
the
Town needs a copy of the land contract
6)
the
Board wants building elevations and the lighting shown on the buildings
Gary Swanson made a motion, seconded by Phyllis
Belin to table this application pending additional information by the
applicant.
Carried. Ayes 6 Noes
0 Absent 1
Richard Kaczar was not present for the Site Plan
Review for an addition to Ricks Collision at 3148 Fluvanna Ave. Ext.,
Jamestown, NY. Mr. Woodbury told the Board
that the applicant needed another month to prepare.
David Sobina, R.W. Larson Associates, presented a
sketch plan for Dunn Tire on Fairmount Avenue, W.E., Jamestown, NY. Rex Tolman, P.E., and David Simons,
representative for Dunn Tire and Gene Aversa, Hanson Signs, were present.
The building is the old Century building in the
Fairmount Avenue Plaza. Dunn Tire is
planning to lease the building. It will
require a change in use for the building. They will not change the square
footage but changes will be made to the interior and slight renovations to the
exterior of the building.
Mr. Sobina reviewed the plans with the Board. Dunn Tire is proposing to use the front for
a sales area. The middle of the building will be used for repairs, tire service
and brake service and the rear part of the building (approximately 5000 SF)
will operate as wholesale for Dunn Tire.
Mr. Sobina said that they are asking for relief on
some of the site plan items since most of the renovation is inside of the
building.
Mr. Evans asked if they would be using the east side
of the building that is partitioned off.
They have leased the entire building but will seek another retail tenant
for the east side of the building. They
will not be using the loading dock.
Mr. Sobina told the Board they will be using the
existing sewer and water and they would not be changing the storm water
plan. They are adding garage doors (16
to 20 in width) on the side to provide access for vehicles. The landlord has agreed to pave some area in
the back of the building. Mr. Tolman
stated that is driven on gravel, which is impervious already. They would not be changing drainage patterns
significantly. They would probably have
additional lighting. They would not expect to have cars outside. There will be no outdoor storage. They do
not currently do any oil changes or fluids.
It might be a possibility they would do that later. They have a lease
signed July 26, 2007 and have sixty days to get their permits and get this
project done. The landlord has agreed
to give them the top panel on the pole sign.
They would have a 150-foot sign on the faηade facing Fairmount
Avenue. If they were able to identify
another tenant quickly they would need another sign. They would need two signs
and would have to come back to the Town.
Attorney Wright asked which items they were asking
for relief from. Mr. Sobina listed the following:
1)
#3
property boundaries they would like to use the deed instead of a survey
they would show the new bituminous surface on the plan
2)
#5,
# 6 and #7 they are adding a minor amount of bituminous area which is already
accounted for they are not disturbing any watercourses, tree masses or other
significant natural features
3)
#
9 the Board would like to see the paved area around the building
4)
#10
the pedestrian access will not change
5)
#12,
#13 and # 14 they will not alter any of the utilities
6)
#15
the Board would like markings on the pavement for the fire and emergency zones
7)
#25
they will provide a copy of the deed
8)
#27
will not need a map of the site topography since they will not be disturbing
any thing
Attorney Wright said on the detailed area of the
site plan they should show the water direction because the Board needs to know
water is not going to gather and freeze.
They should show contours in the driveway.
Mr. Sobina said they were looking to do as many of
the items in the checklist with notes on an architectural plan without having
to go through a survey. Attorney Wright
said they should clarify that because the Board wants a site plan but they do
not need it of the entire property.
They need a site plan on the used part of the property.
Randy said the Board might like to put some
constraints on the hours of operation,
Mr. Simons stated the normal hours of operation
would be 8:00 AM to 7:00 PM Monday through Friday and from 8:00 AM to 4:00 PM
on Saturday. Some stores that are open on Sundays but he is not sure this will
be one of the stores. If it were the Sunday hours would be 9:00 AM to 1:00
PM.
Steve Peterson asked if the doors would always be
closed when they are working on cars. The Board could stipulate that the doors
would be closed except when bringing the vehicles in and out.
Mr. Woodbury stated that this is a permitted use in
the shopping center district zone provided that the extra layers of sensitivity
that are required in a shopping center zone are adhered to. He said when the air guns are operating; the
doors need to be closed. He would like to see it written on the plan that would
be part of the operational requirement.
Motion made by Paul Shanahan, seconded by Ron
Calanni to adjourn the meeting at 8:55 PM.
Carried. Ayes 6 Noes 0 Absent 1
___________________________________
Gary
Swanson, Secretary