MINUTES OF THE
REGULAR MEETING OF THE TOWN OF ELLICOTT PLANNING BOARD HELD AT THE
ADMINISTRATION BUILDING, 215 SOUTH WORK ST., FALCONER, NY ON OCTOBER 08, 2003
AT 7:00 P.M.
PRESENT: Acting Chairman Gary Swanson, Bob Pickett, Mike Mogenhan, Ron
Calanni
Attorney William Wright and
Code Enforcement Officer Randy Woodbury.
ABSENT: Dan Evans, Becky Holmstrom and Dave Carlberg
Acting
Chairman Gary Swanson called the meeting to order at 7:00 P.M.
Motion made by Mike
Mogenhan, seconded by Bob Pickett to approve the minutes
of the August 13, 2003 meeting.
Carried. Ayes-4 Noes-0 Absent-3
Charles Hall,
Attorney for Jamestown Pediatrics, and Rex Tolman, Engineer for the project
presented plans to install an asphalt parking lot behind 816 Fairmount Ave. on
a paper street known as First St. from Allegheny Ave. to Dunham Ave.
Attorney Hall told the Board that the County
Planning Board had no objections to the project. They understand they have to apply to the Zoning Board for a
variance for a setback. Mr. Hall told the Board members that the Town Board has
granted an easement to the Doctors for this project.
Mr. Tolman said the property is wooded and they
would not have to bring in much fill because they would use the natural
slope. They will be meeting the
existing asphalt. The dimensions of the paving will be 42’ x 160’.
Attorney Wright asked about the east boundary of the
parking lot and if it would need an area variance. Mr. Tolman stated they were approximately 40 feet from property
line.
Mr. Steven Wasniack,
representing Sacred Heart Church, told the Board members the church
has property that borders First Street and this would eliminate any future
planning they might have and this would impede on the access to their
property.
Michael and Sharon
Giambelluca, 30 N. Alleghany Ave., W.E., Jamestown, NY, told
the Board the way they found out about this project was through a letter
thanking them for giving 30 feet of their property for the buffer zone. They had no knowledge of it and they
contacted the lawyer. He told them Mr. Rauh had contacted them. Both Mr. and Mrs. Giambelluca stated they
had not agreed to anything and not talked to Mr. Rauh or the Doctors before
this letter. They had talked previously.
Mrs. Giambelluca said they were cutting trees on the Town property
without a permit. They contacted the
Town and the Doctors and it was stopped.
Mr. Giambelluca had concerns about the water run-off that he feels will
go right on to his property. He does not feel the pipe can handle the water.
PLANNING BOARD
OCTOBER 8, 2003
PAGE TWO
Attorney Wright stated that a contour map is
required for site plan because they cannot look at these plans and see how the
water flows. He asked Mr. Tolman to
explain how the parking lot is slanted so the water does not go unto the
Giambelluca property.
Mr. Tolman explained the drainage. The catch basin
is in the middle of parking lot and they have detention storage that will cut
off all water going unto the neighbor’s property. He had an engineering report that states they are reducing the
run off. Mr. Tolman said the water run off goes unto Town property. Attorney
Wright asked if Mr. Shellhouse had seen the report. Mr. Tolman said he did not
know.
Mrs. Giambelluca said the run off from the Town
property goes right unto their property and washes over their driveway. They have called the Town but have had to
repair their own driveway and have cleaned out the ditch. They are willing to
work with the Doctors but if they plan to clear trees and put up a fence they
will have water problems. Mr. Tolman
told the Giambelluca they would have significantly less water than they have
now. Mr. Tolman stated they could not have done a more comprehensive job of
controlling the run off on this site. A copy of the storm water management
report had been provided to the Town in June 2002.
Marilyn Wasneack,
representing Sacred Heart Church stated the neighbor on Dunham has
already gone into the paper street with the paving. They were concerned with
having the Church property landlocked. She would like to see the paper street
opened up.
Attorney Wright stated that he had read the easement
and it is specifically revocable if the Town would want to open the paper
street. Mr. Hall agreed and stated the Doctors were paying $1,000 for the
privilege of using First Street.
Mr. Woodbury stated real property often has a
consideration from the grantor to the grantee and it is standard procedure in
many places where commercial easements from the Town pay some consideration. He
does not feel $1,000 is unreasonable.
Mr. Swanson told them they would have to go to the
Town Board concerning the easement or to open the paper street. The Board would like the Highway Superintendent
to approve the drainage. Mr. Woodbury said he thought Mr. Shellhouse would have
had been at the public hearing for the easement and would have known about this
project.
Mr. Wasneack asked why the neighbors were not
notified on the public hearing for the easement.
Attorney Wright told them the Town Board does not
notify the neighbors but publishes notice in the paper. They would have to
contact the Town Clerk concerning the notice.
Mrs.
Giambelluca asked if there was something they could do if the water does go
unto their
PLANNING BOARD
OCTOBER 8, 2003
PAGE THREE
property. Mr. Tolman explained the drainage again.
The Giambellucas were told to notify the Town is they have any water problems.
Mr. Wasneack asked how many parking spaces they will
add. Mr. Tolman said they would add
approximately 30 spaces.
Mr. Swanson stated the Board couldn’t make any
decision at this meeting because they need the County Planning comments.
Attorney Wright explained that the applicant has to appear before the Zoning
Board for an area variance for the setbacks.
The neighbors will be notified of the meeting.
The Planning Board continued with the site plan
checklist noting:
1) The
east properties need to be shown on the plans
so the Planning Board can determine they do not need an area variance.
2) Contours
need to be shown on plans.
3) The
Board wants the Highway Superintendent to review the drainage.
4) Traffic
flows and parking need to be shown on plans.
5) All
buffer areas need to be shown on the plans
6) Lighting
would need to be shown on the plans if they are adding any lights.
Mrs. Giambelluca asked if there was some way to slow
down the traffic coming out unto Alleghany Ave. Mr. Woodbury said they could
look into a private STOP sign. They are
not enforceable but they may slow the traffic down.
Mr. Swanson suggested the Giambellucas get in
contact with the Highway Superintendent and they could resolve some if their
issues.
Attorney Wright asked about moving the Planning
Board meeting to one week earlier. This
will allow Jamestown Pediatrics to go to the Zoning Board and return to the
Planning Board in the same week. The
Board decided to move the meeting to November 5, 2003.
Randy Woodbury asked Mr. Ron Johnson of Forecon LLC to present a sketch
plan for a storage building at 1890
E. Main St., Falconer, NY. Mr. Woodbury asked the Board
members to determine if Mr. Johnson needed a full site plan review.
Mr. Ron Johnson explained
the plans to the Board members. He said
they are proposing to build a 32’ x 42’ storage building. He said the site is flat and there is a
slight drainage for the driveway to let the water flow to a catch basin and not
unto the neighbors property. Forecon required a setback variance from the
Zoning Board and neighbors had come to that meeting but were not at this
meeting. Mr. Johnson had talked to them and they were satisfied with the
project.
Mr. Woodbury said there was no exception listed in
section 121-5 of the code. Attorney
Wright said he agreed with Mr. Woodbury and did not see any exception in the
code. The Planning Board
PLANNING BOARD
OCTOBER 8, 2003
PAGE FOUR
does have the authority under section 121-10 of the
code to determine that the full site plan is not necessary. The Board
determined this did not require site plan review. Mr. Woodbury said he would
like this subject to the condition that if something arises he would issue a
stop work order and ask Mr. Johnson to come into the Planning Board.
Motion made by Mike
Mogenhan, seconded by Ron Calanni that this project be exempt from the site
plan review under section 121-11 provided that if the Code Enforcement Office
sees something he feels needs to come before the Planning Board he can bring
them back in.
Carried. Ayes-4 Noes-0 Absent-3
Mr. Johnson needs to come back in on October 27,
2003 for the Zoning Board. They are
waiting for County Planning comments.
Mr. Woodbury authorized Mr. Johnson to do site work.
Mr. Woodbury asked Rose Wightman, Executive Administrator for the Industrial
Development Agency to present a sketch plan for a project in Mason
Industrial Park. Ms. Wightman introduced Karen
Bishop and Ray Heelan from Alleghany Coupling Co. She
told the Board Allegheny Coupling
Company is considering putting up a new facility in the
Mason Industrial Park across from Serta. They are looking at purchasing a 3.2 A
parcel and have been working with Krog
Company as their building developer. John
Schleyer from the Krog Co. presented preliminary plans.
Ms. Wightman stated the reason they are here for
sketch plan conference is because if they decide go ahead the project they
would like to start the first week in November. The County Planning has agreed
to work with the Planning Board to expedite this project.
Mr. Schleyer told the Board members that they are
looking to build an 18,000 SF facility on Peck-Settlement Road and Industrie
Drive. There will be two loading docks on the southwest and the north. The access will be a private drive off Peck
Settlement Road and the other access
will be off Industrie Drive. There will be a small office on the interior of
the building.
Gary Swanson asked what Allegheny Coupling
does. Mr. Heelan said they manufacture
hardware for trucks.
Attorney Wright asked about the setbacks. They are required to have 50 feet. Mr. Schleyer said they have that now but
would possibly want to put in additional parking in the future.
Attorney Wright asked Mr. Schleyer to give a general
water flow and how they will change that. Ms. Wightman said she could
explain. The county intended that all
the water detention to go into the system designed for the Industrial Park
because they have the capacity to hold the run-off for all
PLANNING BOARD
OCTOBER 8, 2003
PAGE FIVE
the properties in the Industrial Park. Attorney
Wright asked if the County did a full environmental study. Ms. Wightman stated the County did a
GEIS. The Planning Board must determine
this project is not outside the anticipated values in the GEIS. Mr. Wright asked if she could present this
in some easier form. Ms. Wightman will present the findings. Attorney Wright
would like the initial assumptions as they were established and demonstration
that this project falls into all of those assumptions.
Mr. Woodbury told the applicant to get the
application in for the next meeting on November 5, 2003.
The Board had a brief discussion on the County
Planning. Ms. Wightman said that County
Planning is looking for some way to determine there is some category of
projects that does not need County review.
The Board would like to see some changes. Mr. Woodbury told the Board
that there is a provision in the law to exempt a lot of things. The County is reluctant to do that.
Motion made by Ron
Calanni, seconded by Bob Pickett to adjourn the meeting at 8:18 PM.
Carried. Ayes-4 Noes-0 Absent-3
_________________________________
Valerie Pierce,
Secretary