MINUTES OF THE
REGULAR MEETING OF THE TOWN OF ELLICOTT PLANNING BOARD HELD AT THE
ADMINISTRATION BUILDING, 215 SOUTH WORK ST., FALCONER, NY ON AUGUST 13, 2003 AT
7:00 P.M.
PRESENT: Chairman Dan Evans, Gary Swanson, Bob Pickett, Mike Mogenhan,
Attorney William Wright and
Code Enforcement Officer Randy
Woodbury.
ABSENT: Ron Calanni, Becky Holmstrom and Dave Carlberg
Chairman
Evans called the meeting to order at 7:00 P.M.
Motion made by Gary
Swanson, seconded by Mike Mogenhan to approve the minutes of the July 9, 2003 meeting.
Carried. Ayes-4 Noes-0 Absent-3
Mr. Ted Winkelman, C
& R Construction, presented site plans for M.A.C. Truck located at 2463
Peck Settlement Road, Jamestown, NY for the construction of an addition at the
rear of the existing building.
The Board members reviewed the plans noting:
1) the
drainage is the same as before and runs to the side of the property- the Board
decided to waive the storm water management plan because of the scope of the
addition and the existing drainage
2) the
building will be a block building with a height of approximately 25 feet –
there is no building height restriction in an Industrial Zone
3) the
building will have security lights
4) the Board decided to waive the bituminous
surface (on the driveways and parking areas) requirement since all the existing
is gravel and there are large trucks over it all the time
5) there
will be no new outdoors structures
6) no
new signage
7) construction
schedule is approximately four months beginning September 1st
Mr. Woodbury told the Board that the County Planning
referral was needed and that the County wanted the referral application signed
by the Chairman of the Planning Board.
He suggested the Board could approve this subject to the approval of the
County and not stamp the final plans until the Town received the County
recommendations.
Attorney Wright stated that the final action is the
admintratreal action of signing the plans but the administrative action is the
approval from the Board. Mr. Wright said the risk would be on the developer if
the action got set aside.
PLANNING BOARD
AUGUST 13, 2003
PAGE TWO
Discussion followed on the County Planning
review. The Board decided to approve
the application contingent on the County review.
Motion made by Bob
Pickett, seconded by Mike Mogenhan to give contingent approval for the site
plan for M.A.C. Truck Parts at 2463 Peck Settlement Road and authorizing
Chairman Evans to give final approval when County Planning review has been
received. The Planning Board has waived the requirement for the storm water
management plan and the requirement for bituminous surfaces on all entrance
drives and parking areas.
Carried. Ayes-4 Noes-0 Absent-3
Lawrence Barron
requested a sketch plan conference regarding some land transfers between
himself and his brother. Robert Van
Every, attorney for Mr. Barron thought these changes might be subject to the
sub-division requirements in the Town code.
Mr. Barron explained to the Board members the
changes they wanted to make between the properties. They had a survey done by Steve Carlson,LLC. They have problems with some of the property
lines and the driveways and certain structures on more than one of the parcels.
Mr. Barron stated they were moving the property lines and not sub-dividing.
Attorney Wright said the code treats the division of
a single parcel of land into two or more parcels as a sub-division. He told the Board they have two options.
They can follow the minor sub-division procedure or under section 130-9 of the
Town code the Planning Board can waive the requirements. The Board can find due
to certain circumstances they can treat this as a series of corrective deeds
rather than a sub-division.
Attorney Van Every and Mr. Barron have made these
deed changes and Steve Carlson has not participated in drawing the new property
lines. Attorney Wright asked Mr. Barron if he would get a new survey map when
the new deeds have been recorded. Mr. Woodbury said the Town would like a copy
of the final survey. Mr. Barron agreed to
get a copy to Mr. Woodbury when it is completed. Mr. Woodbury also suggested
the property with the accessory building be included with the property the
residence is on so as not to create a code violation.
Motion made by Bob
Pickett, seconded by Mike Mogenhan pursuant to Section 130-9 of the Town of
Ellicott code that the Board finds certain circumstances and will treat these
changes in Mr. Barron’s property lines as a series of corrective deeds instead
of a sub-division. The Planning Board will waive all requirements of the
sub-division except that a copy of the final survey be provided to the code
Enforcement Officer and that the deed corrections will not create any set back
or other code violations.
Carried. Ayes-4 Noes-0
Absent-3
PLANNING BOARD
AUGUST 13, 2003
PAGE THREE
Fred LoFaso, agent
for Lamparelli Properties, Inc. reviewed the completed site plans
for the property at 944-956
Fairmount Ave., W.E., Jamestown, NY.
Attorney Wright brought the Planning Board up to
date on the variances that had been granted by the ZBA at their meeting on
8/11/03. They modified the variance for
the northeast corner of 6.75 feet to extend to the retaining wall and they
granted two new variances for the retaining walls. They wall behind the right
building will have a height of up to 18 feet and the retaining wall behind the
left building will have a height of up to 12 feet. Both walls must have fences on top. The ZBA left the construction
of the fences to the Planning Board. Mr. LoFaso explained the “Living Wall” the
ZBA approved for one of the retaining walls.
Mr. LoFaso explained that the new plans show:
1) additional
DI’s
2) the
contours of the property
3) additional
interior green space
4) building
elevations of one building and a photo was provided of the other building –
building will be split face block
5) modified
storm water management plan
Mr. LoFaso told the Board members that this is no
longer going to be a Montana Mills Bread Store because they were acquired by
“Krispy Kremes” and all new development has been put on hold for a year. The buildings will house a “Starbucks” and a
“Tim Horton’s”.
The applicant stills needs a permit from NYS DOT for
the work along Fairmount Ave. and a permit from the Town of Ellicott for the
work along Wicks Ave. Mr. Woodbury did not think the State had seen the plans
because the word “guardrail” instead of “guide rail” appeared on the plans and
the State does not allow that. He suggested that be changed on the plans. The
applicant changed the wording on the plans.
Mr. Woodbury questioned the plotting of the sanitary
sewer because it looks like it went under Brian Taylor’s garage. He did not
think the plans should have the final stamp.
Attorney Wright stated that the Board had to rely on the engineer’s
plans.
The Planning Board reviewed this project and stated
that there should be little adverse effects but made recommendations in their
letter dated June 25, 2003 which include:
1) any
necessary access changes should be designed to minimize potential traffic
safety
problems
2) the
developer provide sufficient space for off street parking
3) require
a properly designed loading/unloading area
4) signs
should be placed so they do not obstruct visibility
5) evaluate
the natural buffers and require artificial buffers where deemed necessary
6) require
the developer to provide a storm water drainage system
PLANNING BOARD
AUGUST 13, 2003
PAGE FOUR
7) all
demolition materials be deposed of in a approved landfill
The Town also
received a letter from the South and Center Chautauqua Lake Sewer Districts to
the Zoning Board requesting that they not grant a variance that would encroach
over the Sewer District’s easement. The sewer district would not grant a permit
nor would Mr. Woodbury grant a permit if there were problems with the placement
of the sewer line. Mr. LoFaso will have the placement of the sewer line checked
out by the land surveyor.
Attorney Wright said this project is subject to SEQR
review. He stated this proposed action does
not exceed any Type I threshold and will not receive
coordinated review. The Board continued with Part IIC noting:
1) the
driveway will be removed from Fairmount Ave
2) they
have an extensive under ground storm water system
3) the
property is zoned mercantile and the neighboring properties are of similar use
4) this
project is consistent with the new uses for the area
5) the
applicant has appeared before the Board four times and there have been no
neighbors present
Motion made by Mike
Mogenhan, seconded by Gary Swanson making the determination this proposed
project will not result in any significant environmental impacts and have
Chairman Evans sign on behalf of the Planning Board.
Carried. Ayes-4 Noes-0 Absent-3
Discussion followed on the construction of the
fences. The Board members and applicant
agreed they should be six-foot high pressure treated board on board fences.
Motion made by Gary
Swanson, seconded by Bob Pickett to approve the site plan for Lamparelli
Properties, Inc. at 944-956 Fairmount Ave., Jamestown, NY contingent on the
construction of a six foot high pressure treated board on board fence be put on
the top of the retaining walls.
Carried. Ayes-4 Noes-0
Absent-3
The Planning Board
received a letter from the Town of Ellicott Town Board requesting that the
Planning Board review the rezoning of a section of property located on Route
380. The owner has requested the parcel be rezoned to “mercantile”.
The property is currently zoned
“Ag-Residential”. Mr. Woodbury told the
Board there is a potential buyer for the property.
PLANNING BOARD
AUGUST 13, 2002
PAGE FIVE
Discussion followed and the Board decided the use in
the area has been commercial and that inside of the Town of Gerry is zoned
commercial. Attorney Wright stated he
would like to see the current mercantile zone extended rather than to create a
new zone.
Motion made by Gary
Swanson, seconded by Mike Mogenhan to recommend to the Town Board that they
consider rezoning this property along Route 380 to “mercantile”.
Carried. Ayes-4 Noes-0 Absent-3
Motion made by Mike Mogenhan, seconded by Bob
Pickett to adjourn the meeting at 8:45 PM.
Carried. Ayes-4 Noes-0 Absent-3
_________________________________
Valerie Pierce,
Secretary