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 AUGUS= T 13, 2008 AT 7:00 P.M.

PRESENT:= Acting Chairman Gary S= wanson, Ron Calanni, Phyllis Belin, Paul Shanahan, Steve =

= Peterson, Fred Santucci, Attorney William Wright, Code Enforcement Officer Randy =

= Woodbury and Secretary Valerie Pierce

ABSENT: Chairman Dan Evans

Acting Chairman Swanson opened the meeting at 7:= 00 PM.

Motion made by Steve Peterson, seconded by Ron Calanni to approve the minutes of the May 14, 2008 meeting.

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

Paul Potter, PC, presented the s= ite plan for Fluvanna<= /st1:PlaceName> Community Church, 3363 Fluvanna Avenue, Jamestown, NY 14701. Mr. William Ward was also present representing the Church. The Church wants to expand their facility by approximately 9500 SF by adding a family life center and a connecting build= ing on the back. They need to add additional parking and the existing parking does not meet the standards for what is required now. They ha= ve increased the number of spaces.

The Board discussed the following:

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;font-family:Symbol; mso-fareast-font-family:Symbol;mso-bidi-font-family:Symbol;mso-bidi-font-we= ight: bold'>· increased parking – the original pl= an was to adjust the parking to the west and to the south side toward the lake – the ZBA suggested taking the parking out of the front and from the = west side and move it to the rear of the property – they will remove the ballpark

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;font-family:Symbol; mso-fareast-font-family:Symbol;mso-bidi-font-family:Symbol;mso-bidi-font-we= ight: bold'>· landscaping – there is a tree line = that they intend to leave and they have added another row of trees to provide bu= ffer for the neighbors

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;font-family:Symbol; mso-fareast-font-family:Symbol;mso-bidi-font-family:Symbol;mso-bidi-font-we= ight: bold'>· storm water – the existing water ru= ns off to the backside of the neighboring properties – they have added a diversion swale that reverts all of the water back to the detention pond – Mr. Potter presented a storm water management plan

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;font-family:Symbol; mso-fareast-font-family:Symbol;mso-bidi-font-family:Symbol;mso-bidi-font-we= ight: bold'>· the expansion is approximately 9500 SF to= the rear – the building will house a basketball court/family meeting cent= er with a modern commercial kitchen and additional bathrooms

<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;font-family:Symbol; mso-fareast-font-family:Symbol;mso-bidi-font-family:Symbol;mso-bidi-font-we= ight: bold'>· they have applied for a permit for a sani= tary grinder pump station – they will connect to the Chautauqua County Sou= th and Center Sewer District – Mr. Potter presented the lighting plan an= d it complies with the Town code

There were no neighbors present for this proposed project.

Attorney Wright stated that the Zoning Board of Appeals has approved the expansion of the Special = Use Permit for this proposed project.

Mr. Potter said that w= ith a 1 on 3 slope and the pond not being more than five feet deep a fence is n= ot required. Randy said that the= Town code regulations do require a fence around the pond. Mr. Potter said they can put a fen= ce around the pond but 99% of the time it will not have water and it would be easier to mow around it without a fence.

Mr. Potter reviewed the planting schedule with the Board. He said they did add a row of trees down = the length of the property. They = hired a landscaper to do the planting schedule.

The Board went over the site plan checklist noting:

they have the drainage plan
storm water management plan was submitted
the parking will all be bituminous surfaced
no fences or retaining walls – Randy corrected his statement that the code requires a fence
sewage disposal – there is a grinder pump shown on the plan – they will connect to the Chauta= uqua County South and Center Sewer District
there is an existing well – th= ere are no fire hydrants – no public water
the Church has their own gas well and BPU electric
this project will not increase the capacity of the Church itself
buffer areas are shown on the landscaping plan
all of the lighting is shown on the = site plan
Mr. Ward stated they want to start construction next Spring
Mr. Potter said that this year the sanitary sewer will be upgraded, the storm water plan will be implemen= ted and they will put in the plantings
they will get all the permits in pla= ce
there are one foot contours shown on= the plan
there is an aerial map in the storm water management plan
they will pave the parking lot let t= he parking lot after the building is up

Mr. Potter filled out a SEQR form for this proposed project.

The Board completed Pa= rt II of the SEQR noting:

Attorney Wright stated that the prop= osed action does not exceed any type II threshold in 6 NYCRR, Part 617.4 and will not receive any coordinated review
the drainage concerns have been addressed by the storm water management plan
the Special Use Permit expansion has been approved by the Town of Ellicott Zoning Board of Appeals
this proposed project will not have = an impact in the environmental characteristics that caused the establishm= ent of a critical environmental area
there is no controversy related to potential environment impacts

Motion made by Paul Shanahan, seconded by Steve Peterson making the determination this proposed project will not have a significant adverse environmental impact and authorizing Gary Swanson to si= gn the EAF on behalf of the Planning Board.

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

Motion made by Paul Shanahan, seconded by Phyllis Belin to approve the Site Plan or Fluvanna Community Church, 3363 Fluvanna Ave., Jamestown, NY 14701 with all phases of construction to be completed within one year. There shall = be no requirement for a fence around the detention pond. The NYS DEC, NYS DOT and Sewer District permits will be presented to the Town immediately upon receipt.

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

Mr. Swanson opened the Public Hearing for New Ho= pe Community Church, 315 Hunt Rd., W.E., Jamestown, NY for a Church in a residential zone on property owned by Celoron Hose Company.

Attorney Dale Robbins, representing New Hope Community Church, introduced Pastor Greg Streed, Doug Barmore, a trustee of the Church, and R= oss Cali, an interested party.

this is a proposal to purchase and convert the fire station to a Church&= nbsp;

there is no building alteration prop= osed with respect to the exterior of the building - the only change is the addition of approximately 29 parking spaces around the building <= /o:p>

traffic flow would go from Hunt Road out unto Cobbe Circle

exterior lighting is already availab= le for the parking in the front and back of the building

the area to be disturbed is le= ss than one acre

the parking lot will be gravel not p= aved - Randy said the Town code does require all parking lots to be bitumin= ous, so the Board does have to address that with some process

there is no other construction plann= ed other than a sign in the planter box in front of the building

this property is served by public se= wer, water and electric

the doors in the front will be repla= ced with windows – the rear doors will be replaced – the dimensions of the building will not change

Paul asked if this required a storm water management plan - Mr. Robbins stated that it is not required by Federal or State law - Randy said that the letter from Chautauqua Coun= ty Planning Board stated the same - the existing parking is already paved - it would be the additional par= king that would not be paved   <= /span>

Mr. Swanson asked for comments from the neighbors.

Mr. Joseph Lisciandro, <= st1:address w:st=3D"on">300 Hunt Rd., Jamestown, NY, had concerns about the traffic and the size of the parking lot. The land in the back drops off and there is a creek, they already have runoff from what exists.

There are 39 total par= king spaces. The space on the side= of the building is right on the shoulder of the road and is not owned by the f= ire department. Mr. Robbins state= d that the handicapped parking is not being proposed for that side of the building. Attorney Wright sai= d that Mr. Lisciandro had been at the Zoning Board meeting when the applicant presented the plan and the handicapped parking was on Cobbe Circle. Mr. Robbins said they have adjusted that. They are not proposing = to change the parking that already exists on Cobbe Circle.

Phyllis Belin asked if there was sufficient room for snow removal.&nbs= p; Attorney Robbins said that there was sufficient room.

Mr. Robbins addressed that fact that= the increases in traffic will be during a time (on Sunday mornings and evenings when school is not in session) when <= st1:address w:st=3D"on">Hunt Road does not have a lot = of traffic

the proposed hours of operation - there will be people there be= tween 8:00 AM and 9:00 PM most days of the week – there is a possibili= ty that other community groups will have a meeting there

Steve Peterson asked if they are proposing any vegetation with the new parking lot so it isn’t ju= st a gravel lot – Mr. Robbins said if the Board requires trees they w= ill plant trees

Mr. Swanson had proble= ms with the parking spaces being too close to the bank.

Fred Santucci said he = felt the parking area should be paved because there are many residential homes t= hat have blacktopped driveways and thinks that it should be paved just for the appearance of it.

Mr. Lisciandro present= ed a letter from Joe and Cindy Miraglia, 307 Hunt Rd., W.E., Jamestown, NY that stated their opposition to the proposed project.=

Gary Swanson said that= he would like to see this property used for something and this seems like a go= od use. He does agree with Mr. Santucci that the driveway should not be a permanent gravel driveway.

Attorney Wright said t= hat if the Board looked at the 28 point checklist this plan is missing about 24= of those points. The Board doesn’t have any topography, drainage, the slope of the property, lighting, planting schedule or any elevations. They are changing the use of= the property. Attorney Robbins to= ld the Board that they are changing the use but are not changing the site. The par= king can be added over a period of time. Town has the elevations and engineering plans from when the fire department first built. Mr. Wright said there have been ch= anges primarily in water runoff and lighting requirements and some others that are fairly significant.

Attorney Wright said t= he first decision that the Board needs to make is whether they want to relax s= ome of the criteria of the planning code and if so what portions of it they wan= t to waive. When they presented this to the Zoning Board they were not proposing= any addition of parking spaces. Adding 29 parking spaces alone triggers a requirement for some planning. It is the Board’s decision to waive portions they do not believe to be applicable. Mr. Barmore said = they did not intend to add parking spaces at this time but Mr. Wright had reques= ted that they show what they might plan for the future on the plan. Attorney Wright stated the Zoning = Board did ask that they bring a plan for what they wanted. The Zoning Board had concerns that = they would not have enough parking for their Church members. The church currently has 60 members.

Mr. Lisciandro said th= at his son Carl Lisciandro, 300 Hunt Rd., was able to attend this meeti= ng but was opposed to this project. He said that the Church has 60 members so he figures there would be approximately 30 cars. If they have 125 members they do n= ot have the space for parking. Also they had said they would have services Sun= day morning and Wednesday evening. The Church did not mention before that they would be having other groups meet there or they would be having every night services. The original request was different.= He requested that this application be rejected. He did not think this proposed project will help the neighborhood.

Attorney Wright stated that this project has parking right up to the edge of the property line. He recalled that the Fluvann= a Community Church had been required to move their parking back to have a 30 foot setback, whi= ch would have been the set back requirement if they had been zoned mercantile. Randy said that a Special Use Permit in a residential zone is different than some of the other zones that have specific regulations for parking lot setbacks. They use those other zone requirem= ents as a guideline for the residential zone.

The front of the build= ing is approximately 70 feet from the edge of the pavement and to the right-of-= way it is about 50 feet. Mr. Wrig= ht asked Attorney Robbins if because of the road issue they would not use the existing asphalt parking (7 spaces). There is a notation on the plans that = says to add one more space. Pastor Streed said they plan to have handicapped parking to utilize the existing parking area. Mr. Lisciandro = said that about 35% of that is on the highway right-of-way. Paul Shanahan asked if a couple of= the spaces could be relocated to make some space to create a buffer. Mr. Barmore said they could move t= he spaces to put more buffers. They actually have 8 feet. Pastor Streed said that he was not= sure that can happen because of the way it is surveyed. They need so much space = to drive through. Paul asked if = they could just eliminate a couple of spaces.&n= bsp; The Church is using most of the area that is buildable.

The building has the capacity for 152 seats. If the setbacks caused the Church to lose 8 parking spaces they may not have enough space. Mr. Robbins said there= has to be a certain number of parking spaces or it is not feasible for the Church. Mr. Barmore said if t= hey grow to that capacity they would deal with it by either relocating or asking the school to park cars in their lot and bus them to the Church. Mr. Wright said using all the avai= lable space there is barely enough space for 60 members Church. Pastor Streed said that is a conce= rn and that it is adequate for what they have now but not knowing what the future = is going to be they have to plan for the future. Paul said that sometimes the pervious surface is better. Attorney Robbins said that the environmental people or watershed peo= ple say that you should not pave any parking lot.

Steve Peterson asked a= bout street parking. The Town woul= d have to put up a sign along the road that would not allow parking.

Mr. Swanson asked the Board if they wanted to waive any of the criteria. The Zoning Board has not granted t= he Special Use Permit yet. The B= oard decided to review the checklist. They noted:

they submitted a surveyor̵= 7;s plan not an architect plan.

drainage – they have for= the existing building but not for the additional parking=

they do not have a storm water management plan – Attorney Robbins stated that it is not require= d

elevation drawings were submitted – they did not have drawings of the changes in the doors and win= dows

parking – the side parking spa= ces off of Cobbe Circle were originally put at an angle and made to be 100% on the property and not into the road right-of-way – that did not get done

no sidewalks

no outdoor storage

no fences

permit required from Chautauqua Coun= ty South & Center Sewer District

there is a fire hydrant in the front yard

signs – there will be code compliant signs in the planter

lighting – the existing lighti= ng does light up the parking area – they would not change the two lights tha= t are on the building

landscaping – the Board will r= equire a buffer

the construction schedule – the Church would like to start as soon as they receive approval=

approval needed from the ZBA and from the building inspector for any modifications to the building

there are no proposed easements=

aerial map – Board can waive or use a GIS map

there were no topols on the old plan=

The applicant needs:

drainage plan or a letter from an engineer stating they do not need a storm water management plan <= /o:p>

the Board decided that the Church sh= ould be required to pave the parking lot –Mr. Robbins told the Board = it was an environmental issue – Attorney Wright stated this would b= e an issue for the comprehensive plan - Gary said that will also affect the engineers decision for the drainage pla= n

they need buffers and a landscaping = plan – the buffer is not explicit in a residential zone but the Board could negotiate and use a different zone requirement for the buffers -= there is an existing 10 foot buffer of grass between the property line and t= he roadway – the applicant agreed to move the first parking space a= nd keep all the lines the same

the Board agreed that the Church sho= uld be required to pave the parking lot

Attorney Wright review= ed the items that the Board decided they would require:

they would not waive any of the crit= eria – they would have to comply with the 28 point checklist

the will require a 9’ vegetati= ve buffer zone with arborvitae trees on the Cobbe Circle side by eliminat= ing a single parking space – there is already brush and woods on the back of the property and the parking lot is coming 50 plus feet from t= he back of the property which is all woods

The applicant should notify the Town when they are able to get the information together.

Tanglewood Manor facil= ity is proposing to do a senior apartment building and they now want to do individual house on property. With that property there is enough room if th= ey use the old sub-division lots and divide that up they can build three single family homes. Single family h= omes are exempt from the Planning Board, however these should be treated as three projects (the sub-division already exist) and if they can meet the setbacks= it would be a building inspector issue. At some point in the project since it is a part of the campus of Tanglewood. Randy would like these three houses added to the as built site = plan and bring it back to the Planning Board. Mr. Potter did the site plan for Tanglewood and did the drainage to take care of an apartment complex in the= future. Randy said that this is a by-right use and he would like them to file a full campus plan, after the fact.

Mr. Potter, PE, said t= he impervious area, by doing individual housing, is greatly reduced because it= all drains off into the back where the Memory Garden ponds are, t= he same storm water was accounted for. The houses are only 1200 SF to 1400 SF and single unit homes.

Attorney Wright did ha= ve a couple of concerns. He agreed= that someone could buy that lot and build a single family house and by-right wou= ld only have to talk to the Building Inspector but they are talking about a company building houses as part of a larger scheme. They are talking about ignoring or making a determination that there is no process necessary up front, building those houses and then incorporating them into a larger project, therefore facing a huge SEQR segmentation issue. He suggested the Board incorporate t= hem up front and do the simple storm water calculations to show that they are m= uch less of a storm water issue then the apartment complex. They would then avoid any challeng= e of segmentation. Mr. Wright said that these are small units being built by a corporation und= er a common plan. That corporation exists in a residential area by special use permit. They should be brought = in for Planning but not Zoning. =

Mrs. Brenda Alviti introduced her husband Mike and Steve Feldman, partner. They legally own the business and = liquor license but the former owner still owns the land and the building, which th= ey are currently leasing. They hope to buy the land and the building in the fu= ture.

Their future goal is to change this into a family entertainment center. They are looking to do outdoor fun= ctions such as volleyball, horseshoes basketballs and pig roasts. The Shopping Cen= ter Zone has limited this center from doing that they had planning to do. They = need to get the zoning changed to Mercantile. They will be redoing their inside = putt-putt golf course. Eventually they = would like to build a building out back connect to the center and put in indoor go-carts track.

Randy Woodbury said th= at the Planning Board can make a recommendation to the Town Board but they will make the final decision on the rezoning.&n= bsp;

Attorney Wright asked = what the timing on this project is. The Town is doing an amended comprehensive master plan but it is a very detailed process and could take some time. The Planning Board has expressed reluctance to grant rezoning request until the comprehensive plan is complete. They hope to build a deck on the outside exit and have all of the activities on that side so that the residential area would not even hear anything. Come next summer they would like t= o have some horseshoes, volleyball and some basketball tournaments. Their goal next summer may just to= be open Thursday, Friday and Saturday. They would like to connect to the sewer line that is right across the street from them and also connect to the water.

Secretary Pierce stated that notices were sent for this proposed rezoning. There were no neighbors present fo= r this proposed project.

One of the biggest concerns for this Board, if they are looking to change the zoning, is to de= cide if they wanted to consider this request prior to the comprehensive master p= lan or recommend that it is done as the first part of the comprehensive plan or= do they want to consider this at the present time. Randy said the protections = that are written into the shopping center districts in the zoning code really ar= e in every zone through this Board. Mrs. Aviti said they do not want to do anything to jeopardize the residential area.

Paul Shanahan stated he think that this piece of the code is antiquated. Paul said that in talking with peo= ple in that area they are looking for development. He thinks what the applicant wa= nts to do would fit in that area. If there were a zoning change there would be = no negative effect on the existing businesses through that corridor except for the SPCA= . Attorney Wright said that they are excluded in the mercantile zone and even if they are “grandfathered” they could not expand. They would also be impacted if the= y were to have a catastrophic loss of the building because they would be prohibited from rebuilding it provided the building was destroyed to 75% of its value.= The Board can recommend that the code be rezoned to mercantile with language th= at protects the existing uses. <= o:p>

The applicant would ha= ve to come in for site plan.

Attorney Wright stated that because this is only a recommendation to the Town Board it would not require a SEQR.

Motion made by Fred Santucci, seconded by Ron Calanni to recommend to the Town Board to rezone this shopping center distr= ict to mercantile.

Carried.        =         = Ayes – 6        =             &nb= sp;         Noes – 1        =             &nb= sp;      Absent – 1

Randy suggested that t= hey contact Rob Heintzelman to sponsor this motion at the Town Board meeting.

Motion made by Steve Peterson, seconded by Ron Calanni to adjourn the meeting at 9:55 PM.

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

_______________________________

Valerie Pierce, Secretary<= /p>