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, 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, Secretary Valerie
Pierce
ABSENT: Dave Carlberg
Chairman Evans opened the meeting at 7:00 PM.
Motion made by Gary Swanson, seconded by Ron Calanni
to approve the minutes of the August 8, 2007 meeting.
Carried. Ayes 6 Noes 0 Absent 1
Dave Carlberg entered the meeting at 7:01 PM.
Chairman
Evans reopened the Pubic Hearing for Site Plan Review for Richard Kaczar for an
addition for Ricks Collision, 3148 Fluvanna Ave. Ext., Jamestown, NY.
Paul
Potter, Project Engineer, presented the site plan for an extension on Mr. Kaczars collision
shop. Mr. Potter reviewed the plans for
the Board noting:
1)
the
pre-construction site plan was surveyed by Steve Carlson the property in the
back does not show on the survey it does show the existing buildings
2)
the
property is zoned Mercantile
3)
currently
there is open gravel graded ground that is parking and/or drive accessibility
4)
it
shows the green space that has been developed prior
5)
they
developed an erosion sentiment plan that is required by the State DEC it
shows there will be a silt fence on the lower side as the water drains toward
the east the fence will catch the silt that will happen during the period of
construction the hedge will capture a lot of the water and will keep it on
the property it will drain to the front there is another existing drainage
structure in the corner of the lot in the front
6)
the
existing drainage that is there that shows on the preconstruction plan is owned
by the State it is not entirely on their property when the State moved the
center line of the road over they moved the right-of-way at the same time but
they did not keep an easement and/or any obligation for the drainage system
that was technically there they still have the right to maintain it but they
dont have the authority to tell owners they have to adjust the drainage to
theirs because it is now on private property
7)
the
neighbors were not shown on the site plans the Board wants to see any
neighbors shown on the site plan that are within 200 feet -
8)
post
site development is the addition of a building the fill will be only about
one to two feet, which will be gravel type fill the garage floor level will
remain the same as the existing building
9)
the
used car parking lot next door has a gravel or stone parking lot
10)
the
completed plan shows pavement Mr. Kaczar would like an extension of time for
the paving Dan said the contours do not show what is going on with the
neighbors property Mr. Potter said the property is generally flat and the
water spreads from the back to the front of the property no one has any DIs
on their property Mr. Kaczar said no water goes onto the neighbors property
the Board wants to see that Mr. Potter stated that the only topal changes
were in the immediate area of the building and where the parking is
everything else stayed the same he is not adjusting any of the grades at the
end of the property the planting bed
being higher than the existing ground prevents anything entering the neighbors
property it is about two feet higher the full length and four feet on the
other side of that Mr. Kaczar put it there to slow down the traffic from
Hiller Tire
11)
Mr.
Kaczar said he just uses the other building for storage
12)
the
lighting will be done by the City of Jamestown the poles are existing and are
shown on the plan there is a possibility of adding one additional light Mr.
Potter said they expect the City to come forth with their projection as to how
it would be to best to light the parking lot
13)
the
green space is shown on the plan but the planting schedule will be done by the
landscaper hired by Mr. Kaczar
Attorney Wright asked what the storm water
management plan included. Mr. Potter
said it was the E & S plan and because it is less than Ό acre they do not
have to do storm water calculations.
This application has not been referred to the
County. Chairman Evans signed the referral for this to go to the County
Planning Board.
The Board reviewed the site plan checklist noting:
1)
there
are no water courses topals show the grading plan drains into the existing
highway swale final plan should show the drains - Mr. Potter told the Board
that there is a stone based driveway and parking lot now, which under the storm
water calculations is 78% and 80% impervious and if you blacktop it is 98% -
the property changes 4 feet for the total 200 foot length discussion on what
would be paved and how it would affect the drainage
2)
Mr.
Potter provided plans showing elevations
3)
no
outdoor storage - there is an existing dumpster that will be moved and needs to
be shown on the plans
4)
no
new fences or retaining walls
5)
there
is existing municipal sewage and water the proposed addition will not have
any provisions for sewer or water Randy suggested that Mr. Potter contact the
County about the sewer
6)
no
new signs existing sign
7)
buffers
the pre-construction shows the old buffer and the post construction shows the
new buffers
8)
the
Board asked to see the specifications for the pole lighting from the BPU - Mr.
Kaczar asked if he needed any more pole lights - he will not need security
lights on the building it was determined there would be no new lighting
9)
the
Board wanted to see the planting schedule (the actual identification of the
plants)
10)
construction
schedule 4 weeks to the start of the construction they will need to appear
next month because of the referral to the County
11)
no
required permits required from other governmental bodies
12)
Attorney
Wright said according to the GIS that the adjacent buildings are about 23 feet
on the east and the one to the west is about 63 feet the Board requested they
show contour intervals for the adjacent property owners
Attorney Wright stated there is a zoning issue. Under 146-36 (bulk regulations for
mercantile district) the parking areas are required to be 30 feet from the side
and rear property lines. Mr. Potter
said they could make the parking compliant.
Motion made by Gary Swanson, seconded by Paul
Shanahan to table this application for Richard Kaczar, 3148 Fluvanna Avenue
Ext., Jamestown, NY, pending additional information.
Carried. Ayes 6 Noes 0 Absent 1
Chairman Evans opened the Public Hearing for
Acu-Rite, One Precision Way, Jamestown, NY, for an addition and road change.
Mr. Bob Arnone, Habiterra Architecture, and Mike
Metzger, Vice-President of Acu-Rite, request an addition to the existing
building and to relocate the service drive that enters the property for trucks.
They
provided sight drawings
Mr. Arnone told the Board:
1) they intend to do the addition to the building next spring but in
order to simplify that and
give them a little longer building season they would like to
relocate the service drive
2) the current drive
presently is in the way of the addition - they would like to do the drive this
fall before the blacktop plants close and then start the
building construction in the spring
3) the road will be
constructed in a manner very similar to the existing road and will remain
closed all winter
4) the drive will move 120
feet north of the current road
5) he had elevations of what
the building would look like the addition will be 120 by 165-
the building will take on the same character of the existing
building existing building is a
113,00 SF
6) it will used primarily
for machine equipment the maintenance department will be moved
to the end of this addition
7) they have sent
applications to the County to change the location of the road cut that has
been approved
8) the existing road will be
used for a construction road during the construction season
9) they opened bids for the
road construction and have a contractor ready to start in a week to
ten days
Paul Shanahan asked if the Board is considering this
road change as Phase I and the addition as Phase II. Dan said this was being brought in as one project. They will construct the road now but would
have a year to finish the addition.
Chairman Evans signed the application to refer this
application to the County Planning Board.
The Planning Board continued with a review of the
site plan checklist noting: 1) there was an aerial map of the property
boundaries they will provided plans that show all
the buildings and boundaries
2)
storm water Mr. Arnone explained the drainage and told the Board he had done
the
calculations based on all the additions they need to decide on the
size the second
addition - they will have a much larger storm water detention system
currently a lot of the
storm water is in the ditch line that surrounds the entire building
3) there are no natural watercourses
4) they will not be changing any parking
only adding a new road no new loading area
5) no new outdoor storage
6) no fences or retaining walls
7) existing water and sewer
8) existing fire hydrant
9) no new signage they will relocate the existing truck signage
10) they will cut trees only for the road and
will leave others for buffer there will be no new
plantings and the plans show the existing landscaping
11) lights on the building will be the same as
exist
13)
construction schedule the road should be
complete in 6 weeks and next April they will
start the building and complete it by October 2008
14)
they
have the permit from the County for the road
Chairman Evans reviewed what Acu-rite had to provide
for the next meeting:
1)
the
property boundaries shown
2)
the
existing buildings shown
3)
the
storm water plan the Board could waive it for the driveway but not the
addition
4)
lighting
plan need to show the pole and building lights
5)
approval
from the County Planning Board
Randy said he would work with the County Planning
Board. The County Department of Public Facilities has already looked at the
project and was very helpful.
Motion made by Phyllis Belin, seconded by Steve
Peterson to table this application pending the additional information.
Carried. Ayes 7 Noes 0 Absent 0
Chairman Evans opened the Public Hearing for Dunn
Tire at 685 Fairmount Ave., W.E., Jamestown, NY 14701.
Mr. David Sobina, RW Larson Associates, told the Board they had come
in August for a sketch plan conference.
Angie Dart, RW Larson Associates has been working with Randy with
the building and site. Mr. Sobina said
the building and use has stayed the same.
They have handled the storm water and have made provisions for fire
lanes. Ms. Dart provided a letter with
the 28 points of the checklist outlined.
David Simons, Chief Financial Officer for Dunn Tire,
and Marie Lawrence, facilities coordinator for Dunn Tire, were present to answer any
questions. Attorney Wright said the
Board did make a determination at the last meeting that Dunn Tire did not need
the complete site plan. The Board asked to see the parking (bituminous) area in
the back of the building and signage.
The Board discussed:
1)
the
drainage the water runs toward the building the trench drains go through
drain pipes to the back of the property to the existing ditches in the back of
the property it will prevent the water accumulating and coming in the doors
Jim Hall told the Board there was an underground pipe they also
re-graded in the back so if it reaches 8-10 it would automatically flows into
the creek
2)
the
paving there is new pavement to get to the back door and the dumpster
3)
there
are no floor drains it is a dry shop - if there is a minor oil spill the
operational procedure is to use the dry material on the spill and it cleans up
dry
In reviewing the site plan checklist it was noted:
1)
the
lease agreement was provided it shows the boundaries of the property
2)
there
was no change in the existing grading the drainage changes are shown on the
site plan
3)
there
will not be any changes to the existing storm water management
4)
no
long term outdoor storage a dumpster will be located on the south east back
corner of the building and are shown of the plans
5)
no
changes to the water or sewer service
6)
the
approximate location of the fire hydrant is on the drawings
7)
the
electric service is provided by the Jamestown BPU
8)
proposed
signs they have been to the ZBA - they will have a compliant 150 SF sign on
the north side of the building if they decide to pursue a variance they would
get a variance for a similar type sign, with the size to be determined, on the
west face of the roof the signs will be compliant or be by variance and will
be on the north and west side of the building
9)
no
change in existing buffer areas
10)
no
changes in the existing outdoor lighting other than general maintenance of
fixtures Dan asked if they needed lights for security they proposed the
lighting on the plan and if it appears to be non-compliant Randy can request
they change it
11)
no
change in the landscaping
12)
construction
will begin as soon as the approval is given with an anticipated completion date
of 11/01/07
13)
doors
should be closed during hours of operation except for bringing in and out
vehicles - Randy said that will also be stated in their certificate of
occupancy
14)
tires
will be picked up weekly or bi-weekly but will be stored inside the building
Randy said the building code of NYS takes care of that issue Larson designed
a storage area for the tires that have extra fire safety features in it
The Board reviewed the short form EAF. Attorney Wright stated that this proposed
would not exceed any type I threshold in 6 NYCRR Part 617.4 and would not
receive coordinated review.
The Board noted in Part II C that the doors will be
closed during hours of operation and the fire lane would be kept open.
Motion made by Gary Swanson, seconded by Ron Calanni
making the determination that this proposed project will not result in any
significant adverse environmental impact and authorizing Chairman Evans to sign
the EAF form.
Carried. Ayes 7 Noes 0 Absent 0
Motion made by Paul Shanahan, seconded by Phyllis
Belin to approve the site plan for Dunn Tire at 685 Fairmount Ave., W.E.,
Jamestown, NY as presented with the lighting plan being submitted to the Code
Enforcement Officer.
Carried. Ayes 7 Noes 0 Absent 0
Chairman Evans said the last thing on the agenda was
a request from the Town Board for an opinion for rezoning property on North
Main Street Extension from Girts Road to Salisbury Road. Dan did not think that the
clock was ticking on this but Attorney Wright said that it was.
Phyllis asked if the Board had ever granted a
special use variance because of
grandfathering. The neighbors do not seem to object to the business
and they want it to be able to be there.
Dan said there are a lot of issues.
Dan stated that Randy has been trying to clean this property up for
years.
Dan said it is the Boards job to look at the area
and the neighborhood and decide if it is still a residential area or an
extension of the airport district or if the property should be rezoned. There are used car lots at the bottom of the
hill and at the other bottom of the hill there are acres of mercantile-zoned
area. Dan said he had not driven out to
see the neighborhood because he did not think there was a time issue. He said that Trinity Biotech is out there
and a vegetable vendor. Mr. Louis
Anderson has a business on the other side and has been there for years. Dan said his place looks good and is very
well kept.
The property that brought this rezoning up belongs
to Bradley Swanson. He is an electrical
contractor. He has dumpsters and
equipment there and should at least have a site plan review so the Planning
Board can look at it.
Paul Shanahan said he would like to know the history
on this because in reading this it appears that there is one person that is not
from the neighborhood mading a complaint.
Dan said Randy has been trying to get Brad Swanson compliant for a few
years. Paul asked if he technically has a business there or does he just have
vehicles with the signs on them. Ron
suggested that this might be an enforcement issue. Randy can tell Brad Swanson to move all of his equipment if the
Town Board decides it should stay residential.
Phyllis said that would affect other people who have had businesses
there a long time. Paul said if it is
just the issue of his vehicles being there he does not see it as an issue for
the Planning Board. Dan said it is
actually being used as commercial property.
Mr. Swanson wrote a letter to the Board.
Randy said that he had issued an Order to
Remedy. He told Mr. Swanson that he had
received a complaint from a reliable source that witnessed business operations
on his property; particularly that he had just put up a large sign on a tree in
the NYS DOT right-of-way advertising his business. Mr. Swanson did take down
the sign and asked if he could request rezoning.
Randy said he talked to Pat Tyler and the Board in
general understood what Mr. Swanson was asking for but made a broader request
because they didnt want a yo-yo of requests going back and forth like they
experienced with the Lowes project and the Carlsons project. The Town Board wanted some direction from
the Planning Board if Mr. Swansons problem could be fixed with a change in zoning.
Mr. Louis Anderson took a different approach to the
letter he received from Randy. He did
not ask for rezoning but claimed a right to be there.
Randy did not think the question from the Town Board
is specific towards those two issues.
He told the Board that the complainant called today and if those
businesses are not allowed in that zone they should not be there or they should
have some process. The complainant is a Town resident.
Gary stated that if you drive up and down any street
in this township you find the same things.
Randy told the complainant the he plans to present
about ½ dozen issues after he gets advised from the processing attorney for the
Towns code enforcement. Randy said
they should look at more than just this corridor.
Attorney Wright said there are two potential
issues. The letter from Pat Tyler does
say they want to look at the potential of extending the mercantile zone or the
industrial zone behind the airport to pick up the Swanson property. Attorney
Wright said the resolution that the Town Board did very specifically says Brad
Swanson submitted the request. Mr. Tyler recommended that the request be
referred to the Planning Board for further review. On motion by Supervisor
Tyler, seconded by Councilman Pickett a motion was made to refer the request to
rezone a section of North Main Street between Girts and Salsibury from
residential to mercantile to the Town of Ellicott Planning Board for further
review. That is an official request to
do Mr. Swansons request, which is to do a rezoning from residential to mercantile,
and the clock does start ticking.
The Board wants to take a detailed look at this
issue. Attorney Wright said the Board
could respond that the Board does not recommend rezoning of the Swanson
property pursuant to his letter, however the Board would like to take the next
couple of months to look at the whole area.
They also have the comprehensive plan that should be an integral part of
it. The problem is that you have the enforcement action stayed pending what
happens with the Planning Board and the Town Board.
Paul suggested that the Planning Board should leave
it up to the comprehensive plan and the enforcement action should be stayed
pending that.
There was more discussion by the Board and it was
decided that they would seek clarification and additional time from the Town
Board.