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 SEPTEMBER 12, 2001 AT 7:00 P.M.

 

PRESENT:  Chairman Dan Evans, Ron Calanni, Gary Swanson, Bob Pickett, David

                      Carlberg, and Attorney William Wright

 

ABSENT:   Becky Goodell, Patrick McLaughlin and Code Enforcement Officer Randy

                    Woodbury.

 

Chairman Evans called the meeting to order at 7:08 P.M.

 

Cathy Bardenstein, Attorney for SBA Properties, Inc. addressed the Board on the continuation of the site plan for the telecommunications tower on Eckman Road. 

 

Chairman Evans had questions on the lease agreement concerning the removal of the tower at the end of the lease.  He asked if they provided a Bond for the removal in case of abandonment of the tower or in case of a structural hazard.

 

Ms Bardenstein said they have done that in the past and would have no problem doing so.  Discussion followed on the bond and what the amount of the bond should be. Gary Swanson provided the Board with a copy of the local law for the Town of Kiantone pertaining to telecommunications towers in their Town.  Ms. Bardenstein suggested that the applicant could get an estimate of the cost for the removal and that could be updated every three years.  She would have the estimate reviewed by Mr. Woodbury. 

 

Chairman Evans stated the other issues besides the bond addressed at the last meeting were:

1)      the proof of insurance

2)      access provided for the Town of Ellicott code enforcement officer

3)      the gate on the access road

 

The Planning Board had reviewed the environmental form at the last meeting but had not made a determination of significance. Attorney Wright had reviewed Part I and II of the EAF.

 

Motion made by Gary Swanson, seconded by Bob Pickett making a declaration this proposed project would not have an adverse environmental impact and have Dan Evans sign as Chairman of the Planning Board.

 

Carried.                     Ayes-5                       Noes-0                     Absent-2

 

Motion made by Gary Swanson, seconded by Dave Carlberg to approve the site plan for SBA Properties, Inc. and Horizon Personal Communications, Inc. for the construction of a 150 foot telecommunications tower, antenna array and equipment platform within a fenced compound on property owned by Ronald McKillip, at 3108 Eckman Rd., Jamestown, NY.

PLANNING BOARD

SEPTEMBER 12, 2001

PAGE TWO

 

Carried.                         Ayes-5                      Noes-0                     Absent-2

 

Rodney Drake, Habiterra Associaties, and Timothy and Thomas Galbato presented site plans for a proposed 38-space parking lot on Fairmount Avenue next to Brigiotta’s Farmland. 

 

Mr. Drake told the Board they had been before the Zoning Board of Appeals and been granted a variance to use this as business parking. 

 

Mr. Drake reviewed the plans with the Board members and stated the parking lot is for employee parking only. He said they would be filling and that they are disturbing less than 1/10 of an acre of wetlands. There will be a 3-foot berm with 10-foot trees.  He told the Board that they have tried to address all of the neighbors concerns. 

 

Discussion followed on:

1)      the lighting – existing

2)      paving of the parking lot – applicant would like some time before paving

3)      sound buffers- trees will help

4)      drainage with  control pressure catch basin – calculations need to be provided by Rex Tolman

5)      planting of trees – when will depend when large trees can be planted – may wait till spring

6)      neighbors concerns have been addressed

Melissa Cowen, Butts Ave., W.E., Jamestown, NY asked how far from Butts Avenue the trees would be.

 

Allen Hendrickson, Town Councilman, stated that Mr. Hasson, the closest neighbor, had input into the project and had approved the plans at the Zoning Board meeting.

 

Elizabeth Dunker, 443 Fairmount Ave., W.E., Jamestown, NY, asked when the berm would be completed. Mr. Drake told her that would be done this fall but explained the trees might be planted next spring.  She also wanted to know if the new access to the truck loading dock would eliminate the stopping of truck traffic on Fairmount Ave. Mr. Galbato said it would help but not eliminate it.

 

The Board members went through the site plan checklist noting:

1)      applicant needs to provide the calculations for the drainage from Rex Tolman

2)      the surface will be paved but after it settles

3)      no new signs

4)      planting schedule was provided

5)      lights are directional – no lights in the new parking area

 

PLANNING BOARD

SEPTEMBER 12, 2001

PAGE THREE

 

The Board reviewed the short form EAF provided.  Attorney Wright stated this proposed project does not exceed any Type 1 threshold in 6NYCRR, Part 617.4 and will not receive coordinated review. 

 

In their review the Board members noted there would be improvements in the ground water quality and an improvement in the traffic patterns.  The applicant received a variance from the Town of Ellicott Zoning Board.

 

Motion made by Ron Calanni, seconded by Bob Pickett making the determination that this proposed project would not have an adverse environmental impact and have Dan Evans sign as Chairman of the Planning Board.

 

Carried.                    Ayes-5                     Noes-0                    Absent-2

 

Motion made by Ron Calanni, seconded by Bob Pickett to approve the site plan for Brigiotta’s Farmland for a 38-space parking lot for employee parking contingent on:

 

1)      the receipt of the drainage calculations from Rex Tolman by the Town of Ellicott.

 

Carried.                    Ayes-5                     Noes-0                    Absent-2

 

A request was received from Thomas Shelters to table his site plan for the clearing and leveling of property on South Work Street Ext. for a business site until the October meeting.  His plans were not complete. 

 

Some of Mr. Shelter’s neighbors were present at the meeting and were informed they would not be notified again.  They should phone the Town Clerk’s Office the day of the meeting to see if Mr. Shelters would be appearing.

 

Motion made by Dave Carlberg, seconded by Bob Pickett to table this site plan until the October meeting.

 

Carried.                     Ayes-5                      Noes-0                    Absent-2

 

The next item on the agenda was the modifications to the site plan for Bethel Baptist Church, 200 Hunt Rd., Jamestown, NY for the construction of a playground.

 

No one was present to represent the Church. Several neighbors were present and voiced complaints concerning the site plan that had already been approved.

 

 

PLANNING BOARD

SEPTEMBER 12, 2001

PAGE FOUR

 

James Hall, 9 Westbury Court, W.E., Jamestown, NY showed photos that he had taken of the ditch and the dumping going on at the site.  He had many concerns that the original site plan had not been followed and concerns about the environmental review that had been filed with the site plan.

 

Gary Swanson stated that Mr. Woodbury had told the Board members at the last meeting that the ditch was being maintained and that the logs were being keep.

 

Luann Kanavy, 7 Westbury Ct., W.E., Jamestown, NY had concerns about what the Church was doing.

 

Kirk Charles, 1 Westbury Ct., W.E., Jamestown, NY also voiced concerns on this project.

 

Rue and Patricia Button, 227 Hunt Rd., W.E., Jamestown, NY had concerns on the dumping and what the Church had not done.

 

Dennis Franklin, 11 Westbury Ct., W.E., Jamestown, NY stated they have had to keep coming to the Town concerning this project because of the filling and the problems with drainage. He does not feel there is stability to what they are filling. He stated they are dumping late at night and he did not think the Church could be keeping a log if there was no one at the Church while the dumping was going on. He was upset with the Church community because he felt that they were ignoring the neighbors concerns.

 

Mr. Hall quoted the minutes of the June 13th meeting of the Planning Board.  He stated the Planning Board had granted a six-month extension to the Church site plan contingent that they have a new survey done and provide it to the code enforcement officer. He wanted to know if that had been done. Mr. Woodbury was not present and it would have to be checked out with Mr. Woodbury.

 

Todd Boardman entered the meeting representing Bethel Baptist Church.  He was unaware of these problems. He had come for the modifications for the new playground.  He stated that the new survey had been done by Dan Barry and provided to Mr. Woodbury.

 

Lengthy discussion followed between the Board, neighbors and Mr. Boardman.  The discussion was on what the approvals were for and what the Church had actually done.  Mr. Boardman said that he had not been involved and could not answer for the Church. David Emmott had been in charge of the site plan. 

 

Town Councilman Allen Hendrickson asked the Board if they could reverse their extension of the site plan.  Chairman Evans said they needed proof the Church did or did not comply with the contingency the Board had put on the extension. They would have to discuss it with the code enforcement officer.

PLANNING BOARD

SEPTEMBER 12, 2001

PAGE FIVE

 

The Board decided that they could not act on the playground until these issues were addressed. The Board cannot enforce or put a stop order on any project. Mr. Woodbury has the enforcement

power. Attorney Wright stated he would talk to Mr. Woodbury as soon as possible. Mr. Wright said both the Church representative and neighbors should appear at the next meeting.

 

Mr. Boardman stated he would see if he could put up “No Dumping” signs and stop any additional dumping until these issues are addressed. They will be moving the fill already there.

 

Motion made by Gary Swanson, seconded by Bob Pickett to table the modifications for the Bethel Baptist Church until the October meeting and the issue of the site plan extension could be resolved.

 

Carried.             Ayes-5                         Noes-0                      Absent-2

 

Attorney Wright explained to the Board members his reasons to have Armand Cerrone come before them for modifications to the site plan for the State Police barracks on North Main Street Extension. 

 

They want to add a storage shed on the property and Mr. Wright felt that because this site plan had just been approved and there were other issues with the site they should file an application and get approval for a modification to the original site plan.  The Board agreed that they should approve a modification to the site plan.

 

Discussion followed on the procedure. There should be time limits on modifications to the site plans.  The Town will have to address this issue in the future.

 

The Board went through the site plan checklist and Attorney Wright stated this proposed modification was exempt from SEQRA as an accessory building less than 4000 square feet.

 

Motion made by Bob Pickett, seconded by Dave Carlberg to approve the site plan modification to the State Police barracks on North Main Street Extension for a storage shed.

 

Carried.                        Ayes-5                        Noes-0                      Absent-2

 

Motion made by Ron Calanni, seconded by Dave Carlberg to approve the minutes of the August 8, 2001 meeting.

 

 

Carried.                       Ayes-5                          Noes-0                      Absent-2

 

 

PLANNING BOARD

SEPTEMBER 12, 2001

PAGE SIX

 

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

 

Carried.                             Ayes-5                    Noes-0                  Absent-2

 

 

_______________________________________________

Valerie Pierce, Secretary