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 OCTOBER 10, 2007 AT 7:00 P.M.

PRESENT: Chairman Dan Evans, Gary Swanson, Phyllis Belin, Paul Shanahan, Attorney William Wright, Code Enforcement Officer Randy Woodbury, Gary Swanson serving as Secretary

ABSENT: Ron Calanni and Steve Peterson

Chairman Evans opened the meeting at 7:12 PM.

Motion made by Paul Shanahan, seconded by Phyllis Belin to approve the minutes of the September 12, 2007 meeting.

Carried. Ayes – 4 Noes – 0 Absent – 2

Chairman Evans reopened the Pubic Hearing for Site Plan Review for Richard Kaczar (Rick’s Collision) for an addition at 3148 Fluvanna Ave. Ext., Jamestown, NY.

Paul Potter, P.E., was representing Mr. Kaczar. Mr. Potter provided the items that the Board had requested.

-He showed the buildings within 200 feet of the boundaries plotted, the planting schedule and the

septic on all the plans – there are topographic lines (topals) shown of the plans

-There will be no new lighting

-No new drainage

-They will delete the parking on north side and make it compliant - Paul Shanahan asked about the

paving and Mr. Kaczar said they would pave within a year

The Board reviewed the short form EAF.

-Attorney Wright stated this action does not exceed any type I threshold in 6 NYCRR, Part 617.4 and

would not receive any coordinated review

-The Board continued with Part II C noting that this is an existing collision shop

-The project will not have an impact on the environmental characteristics that will cause the

establishment of a critical environmental area

-There was no controversy related to potential adverse environmental impacts.

Motion made by Paul Shanahan, seconded by Phyllis Belin that the Chairman execute the SEQR with a negative declaration.

Carried. Ayes – 4 Noes – 0 Absent – 2

Motion made by Paul Shanahan, seconded by Gary Swanson, to approve the site plan as presented for Richard Kaczar for an addition to Rick’s Collision, 3148 Fluvanna Ave. Ext., Jamestown, NY.

Carried. Ayes – 4 Noes – 0 Absent – 2

Chairman Evans reopened the Public Hearing for Acu-Rite, One Precision Way, Jamestown, NY, for an addition and road change.

Randy Woodbury stated that Mr. Metzger, Vice President of Acu-Rite, came in today and told him they had some plans that had to change because Jamestown BPU told them they had to make some changes.

This application will stay on the table.

Chairman Evans reopened the Public Hearing for an opinion on the request for rezoning on North Main St. Ext., Jamestown, NY.

Last month the Board directed Attorney Wright to go to the Town of Ellicott Town Board to seek clarification of the request. The actual request was for rezoning of Brad Swanson’s property. The final direction of the Town Board was for the Planning Board to consider the specific request of rezoning by Mr. Swanson for his property. The Planning Board has two meetings to make this determination.

Mr. Swanson said that he was only trying to make this right and went to every neighbor that was home and talked to him or her personally. There are letters on file that were received by the Town.

Dan Evans asked if the property across the street was in question. Attorney Wright stated that was not an issue. Randy did send out a letter to that neighbor. None of Mr. Swanson’s neighbors were present.

Mr. Swanson has removed his sign because of the order-to-remedy from Randy.

Gary Swanson said that he did not see anything objectionable from the road but if the business is not compliant then the Town should find a solution. Discussion followed on possible solutions.

Mr. Swanson said he tries to keep his property cleaned up and does no mechanical work and keeps the garage doors down. He employs 7 electricians. Mr. Swanson has been issued building permits for residential work only.

Paul Shanahan asked about “grandfathering” because this is a 23-year-old issue. Attorney Wright said this cannot be “grandfathered” because it was never a legal use. The only way this would not be spot zoning would be if it was in compliance with the comprehensive plan and zoned in accordance with that plan or the expand a contiguous zone. They could potentially take the airport zone and enlarge the industrial district to encompass these properties. They would have to encompass a significant number of properties.

Phyllis Belin asked how much would have to be rezoned. The Board looked at the map. Attorney Wright said the other opportunity would be to extent the mercantile zone that stops at Moon Road. You could continue that zone. Mr. Swanson said that the neighbors would not necessarily want to allow large stores but the depth of the zone could be limited. The Town would have to do a full SEQR and Attorney Wright stated that would overlap with the comprehensive plan. There has been no objection to the use. Mr. Wright said that this has to be rezoned to allow this business or the business needs not to be there. It still would be considered spot zoning even though the neighbors approve of the business and does not qualify for a Special Use Permit. Paul said the biggest issue besides the sign that was already remedied seems to be the trucks. Even if the zoning is changed, Attorney Wright stated that Mr. Swanson would have to bring those things up to code.

This is a request for rezoning from Girts Road to Salisbury Road from Agricultural Residential to Commercial. Paul stated that this would not be considered spot zoning. Phyllis asked if this could be considered neighborhood business. Attorney Wright said if the Planning Board wanted to propose a neighborhood business zone the neighbors might find comfort in that because they would not get the large developments since the building could not be larger than 4000 SF. Gary asked if this could be deferred pending the comprehensive plan. Mr. Wright stated the Planning Board or the Town Board couldn’t instruct the Code Enforcement Officer not to do his job.

Mr. Swanson said that there are other properties that have semi-trailers and other trucks on their property. He tries to keep his property cleaned up and if he is asked to change something he does. Randy stated that the two properties he mentioned are not the only “orders-to-remedy” along that corridor.

This business is not a permitted use in a neighborhood business zone. Dan asked if it would be possible to extend the airport district, which is an industrial park zone, without the environmental cost of rezoning the highway. Attorney Wright stated when the airport district was done in 2000 or 2001, the County did the SEQR on that. The Town may be able to modify that SEQR because the County did a full generic environmental impact.

Gary asked if they could go across the street with that zone. Dan said they do not have an application for that. Attorney Wright said including both the Swanson and Anderson properties would be a sizable expansion and it would be a costly environmental study. They should see if the County might consider doing the environmental study. Mr. Wright said the granting of zoning change is a Type I action under the code, which requires a long environmental assessment.

Dan said he has a problem with rezoning from Moon Road all the way to the Town of Gerry with a comprehensive plan in the works. Attorney Wright asked if they wanted to push this project forward before the comprehensive plan is done. Mr. Wright said they are talking 6 to 8 months to get this rezoning done. Dan asked how they could hold off enforcement of this compliant. Randy said he thought that would be an issue for the Town Board and there was nothing that the Planning Board could do about that. The Planning Board has said they cannot have spot zoning and that they prefer not to rezone anything until the comprehensive plan is done.

Paul asked if there was a reason Mr. Swanson could not send the vehicles home with his workers. Mr. Swanson said that some of them live in the City of Jamestown and they cannot have the vehicles on their property because of the dual wheels and the advertising.

There was discussion on the process and if the Board wanted to move ahead with the rezoning. There is no money in the budget to pay the environmental costs. Paul said there is the comprehensive plan pending. The neighbors are not opposed to the business but do not want the rezoning. Attorney Wright said the only way to move this forward is to have the Planning Board draw what they want the zone to be and have a Public Hearing so everyone gets noticed. They can get real feedback from the neighbors when there is a plan.

Gary suggested that the Board extend the industrial airport zone. They discussed Anderson’s property and where they could draw extended lines for the district. The Board has a problem with the Town paying for the environmental review. Mr. Swanson said if the Town does not do the environmental then he is out of business and reminded the Board he does pay taxes in the Town. If he could afford to move down the hill it would be ideal but he does not have $130,000 to pay for the property.

Motion made by Gary Swanson, seconded by Phyllis Belin to table this application until the November meeting to get more input from other Planning Board members.

Carried. Ayes – 4 Noes – 0 Absent – 2

Bill Ward, representing Fluvanna Community Church, presented a sketch plan for the extension of their parking lot at 3368 Fluvanna Ave. Ext., Jamestown, NY.

-they would like to have 30 more parking spaces

-the future plan includes a narthex, classrooms on the side and a family life center

-for now they only want permission to put in the additional parking - the parking will be 45 feet from

the building to the outer edges of the parking area - they will eventually have to put in more parking

-the lot will be 9” deep and 20 feet wide – they will put down crushed limestone to create a good

foundation so they can blacktop over it in the future

-they have received bids from $4900 to $7700

-Larson Engineering is working on the full site plan

-Mr. Ward submitted a survey that noted the buildings, as they currently exist

-they need the additional parking since they have went back to one service instead of two

Attorney Wright said that the Board has to avoid the segmentation argument that they were evaluating bits and pieces of the project under the environmental basis when there is a bigger plan in place. Mr. Wright said the Board has done “staged” site plans before. The modifications to the Church’s site plan were done longer than a year ago so this parking extension cannot be a modification of that site plan. They will do this parking area regardless of whether they go ahead with any other part of the project. Attorney Wright said that helps with the segmentation issue because they will be doing the projects separately. Randy said if this is just a parking area it might not be applicable because minor landscaping or grading that involves less than two acres and with a cost less than $15,000 does not need site plan review.

Randy suggested that the Church come in for site plan review for the parking the second week in November and then come in for the other site plan approval for the building. Attorney Wright said that the Board could waive parts of the site plan. Mr. Ward agreed they would come in next month with plans for the parking lot. When they get everything in place they will come in for the building site plan review.

Randy told the Board that Mr. Ted Card had found another solution so they could remove his sketch plan review from the agenda.

Todd Saracki presented a sketch plan for Carlton Homes, LLC, to subdivide and install road, sewer, water, gas and electric for single-family patio homes on vacant land between Idlewood Drive and Cobbe Circle.

Randy provided a zoning map of West Ellicott that showed the parcel that they want to develop.

Mr. Saracki said he thinks there is a major need for patio homes in this area and he has purchased some property on Hunt Road

-he provided pictures of sub-divisions in different areas

-the homes are ranch floor plans on narrow lots

-he has talked to Highway Superintendent Shellhouse and found out that the Town had changed the

road

right-of-way from 50’ to 66’ - Mr. Shellhouse said the reason for that was because some people

develop with open ditches –Mr. Shellhouse had no problem with this project

-this sub-division will have 50’ right-of-ways, storm sewers and gutter curbs - there will be all

underground utilities

-the proposed lot size will be between 50’ and 55’ wide and approximately 137’ deep

-the houses will be between 1400 SF and 1700 SF and the average cost will be $175,000

Attorney Wright did not think the Town of Ellicott code required any more than 50 feet right-of-ways. Randy said it might be the Highway Law of New York State that requires 66 feet. They are not going to put in sidewalks and Randy said that might be the reason for the 66 feet. They would have to check with the State code. Mr. Saracki said that he needed to know that he would be good with 50 feet and could continue with the next step. Attorney Wright said he did not know where the road issue came from. The sub-division plan says that Mr. Saracki would have to design the road to the Town standards because the road has to be deeded over to the Town. Mr. Wright told Mr. Saracki he could start with the sub-division process. Paul said that maybe it was a sidewalk issue. Randy stated that Mr. Shellhouse would write a letter saying that 50 feet was OK and that would have to be verified on to make sure that there would be nothing that would supersede the 50 feet.

Neil Patel requested permission to remove 35 cherry trees from property by the Colony Motel on Fairmount Avenue. Mr. Patel was not present. Randy said with the Board’s permission he would tell him to have Forecon or someone similar come in for a site plan. The Board agreed.

Motion made by Phyllis Belin, seconded by Paul Shanahan to adjourn the meeting at 9:10 PM

Carried. Ayes – 4 Noes – 0 Absent – 2

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Valerie Pierce, Secretary