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
11, 2006 AT 7:00 P.M.
PRESENT: Chairman Dan Evans, Gary
Swanson, Ron Calanni, Dave Carlberg, Phyllis Belin, Paul
Shanahan, Robert Thomas, Attorney William Wright, Code Enforcement
Office Randy
Woodbury and Secretary Valerie Pierce.
ABSENT: Gary Swanson
Chairman Evans opened the meeting at 7:00 PM.
Motion made by Dave Carlberg, seconded by Paul
Shanahan to approve the minutes of September 13, 2006 meeting.
Carried. Ayes – 6 Noes – 0 Absent –1
Chairman Evans reopened the Public Hearing for Site
Plan Review for Valeo, 2258 Allen St., Jamestown, NY to install a truck dock at
the southwest corner of the facility.
Paul Potter, engineer, and Dan Kling, Engineering
Manager, for Valeo, were presented. Mr. Potter reviewed the site
plan and the items that were addressed at the last meeting.
1)
the
storm water is not an issue; there is same amount of impervious area as prior
to when it is developed.
2)
there
are no lighting changes
3)
the
tractor trailers were an issue – if the trucks were 76 feet the Board discussed
unloading them so they would not be in the road
Dan Evans listed the issues from the last meeting
that were required for this site plan:
1)
the
County Planning Board review – the Town received a letter from the County
2)
the
length of the tractor trailers
3)
an
engineer stamp was needed on the plans
Paul Shanahan said he had a note from the last
meeting that the Board would require in their approval a company safety officer
present when the truck was parking and leaving. Attorney Wright said the Board
decided that no part of the truck would be in the road area or in the
pedestrian walkway.
Dan asked if it would be a problem for Valeo if the
Board were to make approval contingent on the trucks dismounting if they got
into the walkway area because it would be a safety issue. Sebastian Guery,
Valeo, asked if they needed to paint that on the sidewalk. Mr. Potter said there is a color contrast
because the four-foot sidewalk is concrete and the parking is blacktop. Mr.
Wright said they could state that no part of the truck may extend onto the
sidewalk. The applicant agreed.
Mr. Potter was asked to fill out a short form
EAF.
The Board continued with the application for Thomas Shelters, to add
office space to the approved storage building and for approval to sell used
cars at 2553 South Work Street Ext., Falconer, NY.
Randy Woodbury said Mr. Shelters is still
non-compliant with his site plan and has not provided any storm water
calculations. He does not think it
would be advisable for the Board to leave this application on the table at this
point.
Motion made by Bob Thomas, seconded by Paul Shanahan
to deny the application for Thomas Shelters for a modification to his site
plan.
Carried. Ayes –6 Noes
– 0 Absent – 1
The enforcement of the non-compliance of the prior
approved site plan will be left to Mr. Woodbury.
Chairman Evans opened the public hearing for
Falconer Enterprises for phase II of their site plan approved August 2005 to
include a showroom and offices for Harley Davidson of Jamestown at 1951 E. Main
St. Ext., Falconer, NY.
No one was present for Falconer Enterprises.
Mr. Evans opened the public hearing for Starbucks,
for a new coffee retail store at 944 – 956 Fairmount Ave., W.E., Jamestown, NY.
Paul Potter, engineer, and Kevin Petru, Development
Manager, for Starbucks, presented the site plan for the new store between Wicks Avenue and
Green Street.
The Board members reviewed the site plan with Mr.
Potter and Mr. Petru. They discussed:
1)
the
required zoning variances were granted at the September meeting
2)
storm
water calculations - the storm water
will connect into Wicks Ave.- there will be a storm water detention area with
an infiltration system – it is all underground – Mr. Potter said it does not
require water quality because it is not a big enough site but they did quantity
adjustment so the existing Town system could handle it
3)
all
access for the facility will be off Green Street – there will be no access off
394 and they will close off the
existing curb cuts
4)
the
landscaping plan – they did shading so headlights going through the drive-thru
will not show going up the street – the green space is around 30 % - the
applicant will maintain the area
5)
traffic
- there is one way traffic through the site – all the traffic goes around the
building
6)
retaining
wall – will be on the back side of the building and down Wicks Ave and a little
along the front – it will improve the sight distance for Wicks Ave. that is now
overgrown – the wall is two stages – there will be a planting area on the wall
- they did get a variance for the part of it that will be over 6 feet – the
two-tiered wall will be on northwest corner and the north side
7)
seating
– 28 seats inside of the building with ample parking - there will be
approximately 6 employees and their parking will be on the west side
8)
there
is a sewer right-of-way through the property
9)
snow
storage – there will not be much area so the runoff calculations will not be
any greater because the snow melts off over a period of time – because of the
restriction on the site because of the landscaping plan they will have to have
the snow removed
10)
dumpster
- is completely enclosed with a fence – there will be no other outdoor storage
11)
fence
- runs along the wall – pedestrian type four-foot high fence
12)
fire
hydrant – is on the corner of Wicks Ave. and Fairmount Ave.
13)
utilities - will come off Wicks Avenue – the BPU wants
a bigger tap for the water so they will do that – they will get the sanitary
sewer permit from Chautauqua County South and Center Sewer District - the other utilities are already there
14)
lighting
– there is a lighting schedule on the plans – 6 directional lights on poles –
15)
construction
schedule – Mr. Petru said pending approval tonight they would like to start
within a couple weeks and open early Spring 2007
16)
signage
– has been reduced – signs variances were approved at the ZBA meeting
17)
hours
of operation – 6:00 AM to 10:00 PM normally – weekends may be a little longer
18)
elevations
– were submitted with the plans with the construction documents
19)
pedestrian
access off the sidewalks on Fairmount Ave.
There were no neighbors present for the Starbucks
project.
The Board went over the site plan checklist noting:
1)
the
plans were stamped by Robert J. Runge II, PE
2)
scale
on the plans
3)
boundaries
on the plans plotted to scale
4)
there
are no existing buildings
5)
grading
and drainage plan submitted - no
watercourses - several trees will be
removed for the retaining wall
6)
existing
tree masses are on plans
7)
the
storm water management plan was submitted – it is underground storage going
into a closed drain on Wicks Ave.
8)
elevation
drawings were submitted
9)
there
will be no tractor trailers - primarily
only 6-wheelers will be used for deliveries – the drive-thru area will be
concrete and the rest of the parking will be paved
10)
no
pedestrian walkways onto Fairmount Ave
11)
dumpster
area will be in the northwest corner – all contained
12)
retaining
wall – will be 10 feet high at the tallest height – where the wall is
approximately 6 feet it will be a dual height retaining wall with a planter –
Starbucks will maintain the landscaping – there will be a 4 foot high natural
wood fence on top of the wall – probably a cedar type fence
13)
the
sewer will go on the back side and hooks up to the Chaut Lake Sewer District
14)
the
water service will be off Fairmount Ave
15)
the
fire hydrant located on the southwest corner of the property
16)
natural
gas will come off Fairmount Avenue - existing
17)
signs
– on building and one proposed pole sign – variances were granted by the ZBA
18)
buffer
area shown – existing lawn will remain
19)
outdoor
lighting – five poles – nothing shining onto the neighbors – some decorative
lights under the canopies
20)
building
is for retail sales
21)
they
are removing several trees and replacing with smaller landscaping and
buffering – new trees on the entrance
way toward the north
22)
construction
schedule – starting as soon as they have approval – finishing in March or April
2007
23)
permit
required from South and Center Sewer District – the County Planning Board had
reviewed the project
24)
they
own property
25)
no
aerial map required
26)
the
map of topography shows contours at one foot
27)
Board
did not require any other elements
A letter was received by the Town from William
and Netta Saulsgiver, 62 Wicks Ave., W.E., Jamestown, NY, stating they were
in favor of this project since there would be no driveways in or out unto Wicks
Avenue and all egress and ingress would be on Green Street.
The Planning Board reviewed the EAF provided. Attorney Wright stated the action does not
exceed any Type I threshold in 6 NYCRR, Part 617.4 and would not receive
coordinated review. The Town of
Ellicott Zoning Board did an independent review.
The Board continued with Part II C noting:
1)
this
property is zoned mercantile
2)
they
will use underground storm water management
3)
there
will be less traffic existing directly onto Fairmount Avenue
4)
this
project will not have an impact on the environmental characteristics that cause
the establishment of a critical environmental area
5)
there
was no controversy related to potential adverse environmental impacts
6)
they
determined this project will not result in any significant adverse
environmental impacts
Motion made by Paul Shanahan, seconded by Phyllis
Belin to have Chairman Evans execute the SEQR from with a negative declaration.
Carried. Ayes – 6 Noes – 0 Absent – 1
Mr. Woodbury said that the maintenance of the
property is covered by the NYS property maintenance code.
Motion made by Bob Thomas, seconded by Ron Calanni
to approve the plans as presented for Starbucks for a retail coffee store at
944-956 Fairmount Ave., W.E., Jamestown, NY subject to the restriction:
1) the fence along the
retaining wall will be 4 feet high and would be of wooden structure
Carried. Ayes – 6 Noes – 0 Absent – 1
Chairman Evans stamped and dated three sets of plans
for Starbucks.
The Board continued with the EAF for Valeo.
Attorney Wright stated this action does not exceed
any Type I threshold in 6NYCRR 617.4 and will not receive any coordinated
review. The Board continued with Part
II C noting:
1)
the
Board required that they drop any tractor trailer that extends over the
pedestrian
walkway and Valeo is expected to have a safety officer
present when they are bringing
trailers in or out
2)
the
project will have no impact on the environmental characteristics that would
cause the establishment of
a critical environmental area
3)
there
is not likely to be any controversy related to potential environmental impacts
4)
the
Board determined this project will not result in any adverse environmental
impacts
Motion made by Paul Shanahan, seconded by Dave Carlberg
to have Chairman Evans execute the SEQR with a negative declaration noting the
stipulation of the safety officer and the truck line.
Carried. Ayes – 6 Noes – 0 Absent – 1
Motion made by Dave Carlberg, seconded by Ron
Calanni to approve the site plan for Valeo, 2258 Allen St., Jamestown, NY with
the following stipulations:
1)
a safety officer will be on duty during the delivery of a tractor
trailer
2)
any tractor trailer that extends into the walkway would have to
dismount
Carried. Ayes – 6 Noes – 0 Absent – 1
Chairman Evans stamped and dated three sets of site
plans for Valeo.
Chairman Evans reopened the public hearing for
Harley Davidson of Jamestown, for Phase II of their site plan for 1951 East
Main Street Ext., Falconer, NY.
There was an objection raised from a resident as to
the order of the agenda. Mr. Tolman
stated they thought the meeting was at 7:30 PM. Attorney Wright said that since there was no action taken before
the Chairman has the authority to put the meeting any order he wants. The Board had no objections to hearing this
application at this point on the agenda.
Brian Reid, Harley Davidson, and Rex Tolman, PE for
this project, reviewed
the site plans with the Board members.
Discussion followed on:
1)
utility
issues – water will come across the road and they will boar under the road –
the County Health Department will have to approve the septic – the connection
to the public sewer was too costly – existing they have electric, telephone and
gas coming in on the northwest corner of the existing building
2)
they
changed the entrance because it was too costly to have the entrance from the
I-86 exit
Attorney Wright said at the last meeting the Board
requested one site plan with everything on the checklist. He stated the Zoning Board had approved the
variance for the height of the building. Mr. Wright asked if there were any
other changes except the septic system. Mr. Tolman said the basic change from
the approval was the movement of the driveways. They were going out the front and hook into the exits of I-86 but
it was too costly (approximately $100,000) to modify the traffic light. The
footprint of the building is the same.
There were no concerned neighbors for this project.
The Board reviewed the site plan checklist noting:
1)
the
plans were stamped by a licensed engineer
2)
scale
on plans
3)
boundaries
were plotted to scale
4)
existing
buildings shown
5)
grading
and drainage plan provided
6)
watercourses
and tree masses and other natural recourses plotted
Attorney Wright said it was noted at the last
meeting the original drainage plan for the property as it was approved for
Phase I was intended to accept all the drainage for Phase II. He asked Mr.
Tolman if the expansion of the showroom building would have an impact or the
design of the original drainage plan would still accommodate the larger
building. Mr. Tolman said he did not do
the original storm water calculations and has not reviewed the plan. He said it is a very minor change so he
would anticipate that it wouldn’t. The
building is actually smaller and based on the change it should be better. They
have not changed the imperious areas.
7)
the
storm water management plan and calculations were done by Paul Potter, PE –
Rex
could review the plan and certify there would be not change
8)
elevations
drawings and photos provided
9)
parking
lots and driveways will be paved
10)
no
pedestrian access from the front
11)
dumpster
in the back of the building - no other
outdoor storage
12)
no
retaining walls or fences
13)
septic
system will need to be approved by Health Department
14)
water
supply from across the road
15)
fire
hydrant was added right by the road within 500 feet of the building
16)
utiltities
– off the pole with underground
17)
signs
– on the building only – no pole sign proposed
18)
buffers
– tree line shown on plans
19)
lighting
– on building – no pole lights in the parking but there are street lights in
the front
20)
there
will be retail sales
21)
landscaping
and planting schedule – Mr. Tolman thought that was approve on the plans for
Phase I – Phase II did not have any changes in the landscaping- Paul Shanahan said he remembered that it was
approved in Phase I
22)
construction
schedule – Mr. Reid stated they will break ground March 1st and be
completed and should move in by September or October of 2007
23)
permits
- they have applied for approval from the Health Department and NYS DOT
24)
permits
required from the Health Department and NYS DOT and a building permit form the
Town of Ellicott
25)
no
proposed easements or restrictions
26)
aerial
map not required
27)
map
of topography provided
28)
no
other elements required
Attorney Wright said a SEQR form is required for the
proposed Phase II. Mr. Wright also
asked if the Board would want to do an approval contingent on a building permit
not being issued until the Town engineer or Mr. Tolman certify the storm water
management plan or if they wanted to hold on approval. Mr. Reid said that they would like the Board
to move forward because they have a building out for bid. Randy said he would not issue a building
permit unless a letter from an engineer was provided to him with the building
permit application. Secretary Pierce had a copy of the SEQR completed for Phase
I but the information was not the same as far as the acreage. Mr. Tolman completed Part I a new SEQR form
and Chairman Evans reviewed the SEQR completed 8/10/05.
Motion made by Paul Shanahan, seconded by Dave
Carlberg adopting the findings in the environmental review conducted on 8/10/05
as it applies to Phase II.
Carried. Ayes – 6 Noes – 0 Absent – 1
Motion made by Bob Thomas, seconded by Paul Shanahan
to approve the plans as presented by Harley Davidson with one stipulation:
1)
an engineer has to review the storm water management plan and attest the
calculations
will not change with Phase II - the Code Enforcement Officer has to
receive the letter
before a building permit is issued
Carried. Ayes – 6 Noes – 0 Absent – 1
Chairman Evans signed and dated three sets of plans
for Harley Davidson of Jamestown.
The Board reviewed a request from the Town Board for
a recommendation to modify the zoning around the Fairmount Avenue.
Attorney Wright explained that a developer
approached the Town Board and requested rezoning on Fairmount Avenue in the
vicinity of the Fairmount Plaza as well as rezoning in the Fluvanna area, as it
exists. There are three requests:
1)
to
change the Fluvanna Shopping Center District from what is appears under the
code to a mercantile district as it appears under the code.
2)
to
change the zoning designation of the shopping center district on Fairmount
Avenue (the Fairmount Plaza district) to a mercantile district
3)
to
increase the size of the commercial district that is currently shopping center
district on Fairmount Avenue
Mr. Wright explained the procedure. Once the request
has been made to the Town Board the Town Board, before making their decision,
is required to seek a recommendation from the Planning Board. He said the Planning Board would review
those requests and make a recommendation back to the Town Board, at which time
the Town Board will make a decision.
The Town Board can adopt the recommendation or ignore the recommendation
of the Planning Board.
Randy Woodbury said the Fluvanna area request came
directly from the Town Board. He showed
the Board on the map where the shopping center district was. He explained it is land westerly of Strunk
Road and northerly of Route 430 (Fluvanna Ave.). When you enter the Town of
Ellicott from the City of Jamestown both sides are mercantile until you get to
Strunk Road. Then the north side
becomes shopping center district and the south side remains mercantile. The Shopping Center District includes The
Fountain Bowl, the old AM Vets building, B & S Wholesale and the Humane
Society. The Town Board wants to
homogenize that district into the mercantile district, which it adjoins.
There were no neighbors or comments from the
Fluvanna area.
Attorney Wright explained the differences between
the shopping center and mercantile districts.
He read from Section 146-25 of the code.
Adrianne Rounds, Ross Mills Rd., Falconer, NY, asked how this would affect
the SPCA and if they were aware of this request.
Attorney Wright said the SPCA would be
“grandfathered in” because the change in zoning would be after they were there
but it could affect any growth. He did not know if they had been notified.
Randy said the Town Board will place a legal notice
in the paper and he thought neighbors within 500 feet would be notified. The Town Board does not notify neighbors but
the Planning Board could ask that neighbors be noticed.
Randy showed the Fairmount district on the map. The developer would like the zoning of the
Fairmount Plaza to be mercantile, the same as across the street (Sam’s
Club). The Larson’s own 35 acres and
about 17 acres are zoned shopping center district. The new boundaries of the
mercantile district would be about twice the size the shopping center district
is now.
Terry Truver, 55 Avalon Blvd., W.E., Jamestown, NY, asked why the Town Board is
requesting a recommendation when they know the residents are so opposed.
Attorney Wright said that the Town Board, because
they received a request, has only asked the Planning Board for a
recommendation. They have made no decisions. The Planning Board must make a
recommendation within 60 days.
Vicki
Aiken, 48 Avalon Blvd., W.E., Jamestown, NY, had a concern with the wetlands.
John Jablonski, representing Chautauqua Watershed
Conservancy, had
concerns about redevelopment of this site because of several streams and
hundreds of acres of land above it. The soils indicate 4 or 5 acres of the site
are probably federally regulated wetlands.
He said Fairmount Avenue floods. The Conservancy would ask the area
around that stream not be rezoned and furthermore, that the Town would come up
with a conservation district for the areas around these important stream
corridors and wetland areas such as on Fairmount and also Fluvanna Avenue. Mr. Jablonski said the Town should stand up
and protect the lake because they cannot protect the lake without protecting
the watersheds.
Attorney Wright asked if Mr. Jablonski if he was
talking about the area in Fluvanna that they were considering to rezone. Mr. Jablonski said it was a different area
in Fluvanna. Dan asked if they were
delineated wetlands in the Fairmount area.
Mr. Jablonski said he did not think they were.
Bob Kovel, 5 Westbury Court, W.E., Jamestown, NY
14701, asked
where the development was proposed and what areas are to be taken. He had concerns with the school being close
by because of the traffic. He said he
would like to see the proposed areas that will be affected.
Randy Woodbury made copies of a reduced section of
the tax map that will show the proposed rezoning area in relation to the other
properties for the residents.
Richard Wolney, Island Capital, LLC, said they are the proposed
developers of the shopping center. They
have the entire property owned by Rae-Shel Corp. under contract. They originally came to the Town with the
thought of acquiring the property and initially working with the existing
zoning lines. They tried to lay it out
with the existing center and the existing tenants and found it would not fit
and they could not comply with any of the setback requirements. They would have
to eliminate the existing tenants and did not want to do that. About 37,000 SF
of the plaza is vacant. They would let
the current tenants remain while they built.
The retailers are interested in being in this area. They do know the history and their immediate
reaction was for the residents. One of the things they did was to create the
green space buffers. There are no conservancy easements on the property now. If
they go forward with this their intent is to make a conservancy easement and
keep that area natural so it can never to touched by anyone for retail or
houses or anything. This is a
preliminary hearing because they do not own the property. The existing owner has consented for the
developer to bring this to the Town. They know this would be conditioned on:
1)
closing
on the property
2)
several
items such as lighting, water quality, traffic that would come under the State
Environmental Quality Review Act - they
would have to the complete SEQR which would include traffic, water quality,
downstream quality, pedestrian traffic, air quality, archeological survey,
noise study, and wildlife
Mr. Wolney said this project would be better because
it has been “stepped down” from what was proposed before so the buffer area and
everything beyond it is significantly higher.
The buffer zones are from 100’ to 150’.
The neighbors asked what was being proposed and Mr.
Wolney said they did not have the authority to disclose the tenants.
The neighbors asked why they could not move the
project forward towards Fairmount Avenue.
It was explained there are certain parking requirements. The proposed plan is in compliance with what
they believe is the minimum necessary for the development.
Shelia Webster, 45 Elmwood Ave., W.E., Jamestown,
NY, presented
a letter to the Board. She had concerns
with noise, lighting, traffic, the paper street, the elimination of wetlands
and destruction of wildlife habitat, a required full environmental review, the
character of the neighborhood, the value of her property and when the current
rezoning plan had been done.
Attorney Wright stated the current zoning had been
done in 2000 by local law # 8 but the shopping center district had been done
long before that and did not change with that rezoning.
Chairman Evans reminded the residents that the Board
is not examining any project at this meeting, just the request for rezoning.
Rob Sigler, 8 Westbury Court, W.E., Jamestown, NY, agrees with Mrs. Webster and
had concerns about his property value and the character of the
neighborhood.
Brian Marsh, 80 Elmwood Ave., W.E., Jamestown, NY, had concerns about the ponds
and the fact that there are already empty buildings. He did not think they need
more mercantile zones.
Vicki Bardo, 49 Elmwood Ave., W.E., Jamestown, NY, said she did appreciate the
hard work that has went into this project and was not opposed to anybody coming
in and lowing taxes but had concerns with the property values, the quality of
life, traffic, buffers, truck traffic and noise.
Mr. Wolney responded the issue of lighting. He said the Town’s sight criteria calls for
“cut down shoe box type lighting” which means the lighting does not spread. He
did not know the height of the light poles but for safety they are required to
have a certain number of poles at a certain height.
Peter
Cresanti, 20 Elmwood Ave., W.E., Jamestown, NY, had
concerns with the elevation drop.
Mr. Wolney said there
would be a retaining wall and a slope on the back that would not be within the
conservancy area. The conservancy easement was explained. They are deeded to
the Town and are done in perpetuity.
Brian Orlando,
28 Elmwood Ave., W.E., Jamestown, NY, had concerns with the
children’s safety, the traffic and the lost of the character of the
neighborhood.
Mr. Wolney explained that
Mr. Larson could expand within the zone as it is now. He could develop the residential area into a cluster of homes or
whatever else he would want to do if he complied with the code. They are
proposing this project in order to bring these tenants with their jobs and
their tax base to this location. They need to expand outside of the current
zoning to be able to do that. They did attempt to put just the one retailer into
the currently zoned shopping center district but were not able to do that.
Mr. Wolney said they do
have confidence in the retailers. They
do not have the authority to disclose them because they are at such a
preliminary level.
Attorney Wright reminded
the neighbors the Board is only considering the rezoning and the issues that
may cause for the neighbors. If it is
rezoned this may not even be the project the Town considers.
Mr. Kovel asked if the
Planning Board had done a comprehensive plan.
Attorney Wright said that would be a function of the Town Board or
designees of the Town Board. There was
a zoning commission that was put together in 2000 which was what formed the
zoning as it currently exists. There is
no plan that looked beyond that. Dan said they did look at a lot of other
specific parts of the Town at that time for development such as Route 60 and
Fluvanna Avenue with intentions of a comprehensive plan. Mr. Kovel said the
plan presented now does not fit into the plan they presented in 2000 and the
residential area should remain the same.
Chairman Evans again told
the residents that this is a process that has to be done because a developer
has asked for rezoning.
Jim Hall, 9
Westbury Court, W.E., Jamestown, NY, asked about the topography.
He said he did not think the Town has any general parking requirements. He also
asked about the HSBC Bank, on the plan it was covered by green space.
Scott
McClintock, Engineer for the project, said they had looked at
the topography and they will be re-grading portions of the site. Randy said the
company might have specifications for parking. Mr. Wolney said there was
obviously suppose to be a driveway there.
Ms. Bardo asked what the
next step would be and if the residents would be notified. Attorney Wright said the Planning Board
would make their recommendation within 60 days. The neighbors will not receive notice for any additional meetings
of the Planning Board but if the Town Board does consider rezoning there will
be a legal notice for that in the paper.
The Town Board does not personally notify neighbors. Randy said the Planning Board could request
that the neighbors be notified. No recommendation by the Planning Board would
be made at anything but a regular open meeting. Residents could pick up an
agenda for the meeting at the Town Clerk’s Office.
Attorney Wright said there
have been a lot of questions about the topography of this site. He asked Randy if he had topographic maps of
this area or could he create one for the Planning Board. Randy said Mr. Hendrickson has copies of
topographic survey that was done a number of years ago and those contours are
generally the same. He could have that
scanned and provide copies to the Board.
He could additionally generate a new topographic map using the data from
the County GIS. He can superimpose
current and proposed zoning lines on the maps.
Chairman Evans asked if the Board members had any
questions or if there was any additional information they wanted to see. He wanted to see the topols and find out
about the wetlands.
Bob Thomas said he did not think this was going to
be so deep and would like to look at it again.
He needs to review this. Phyllis
Belin said she would like to go up and see the area. The other Board members agreed.
Motion made by
Bob Thomas, seconded by Phyllis Belin to table this request for a
recommendation for rezoning from the Town Board until the next meeting.
Carried. Ayes – 6 Noes – 0 Absent – 1
Attorney Wright said the
Board would review a sketch plan for Dawn
Thompson’s Canine Rescue. This
project has been in front of the Zoning Board of Appeals. Dan Evans was at that
meeting and it became very clear it was something that needed to be brought
before the Planning Board.
Mr. Wright and Attorney
Goodell agreed the purpose tonight is for them to make a very brief
presentation. It is just a sketch plan
because it has not been officially noticed to the public.
Attorney
Andrew Goodell, representing Dawn’s Canine Rescue, reviewed
the plan for Dawn’s rescue. He told the
Board:
1) Dawn
would self impose a number of 35 dogs, which would not include her dogs or any
puppies she keeps in the house – she is going to
strictly dog rescues
2) they
are in the process of applying for a special use permit from the ZBA
3) the
property is zoned agricultural residential
4) they
are going to install a wooden 6-foot fence – it would go out in back of the
existing barn – it is approximately 50’ wide and 100’ back – the purpose of the
fence is for a sound barrier – they will put sound proofing on the fence – it
will also will reduce the visual stimulus and to provide security - the fence will be compliant and will
reduce noise
5) all
the dogs will be on a leash or in a cage – she has 12 ten foot pens and the
number of dogs in each depends on the size of the dogs
6) the
dogs will have bark collars
7) she
does advertise on the internet
The fence is being
delivered this weekend. Mr. Goodell
said he did not realize they needed site plan approval for a fence. He did
review the 28 points on the checklist but did not feel most of them were not
relevant.
Attorney Wright said they
were not only talking about a fence but also a kennel building. Attorney said they would be putting a roof
over the kennels that are within the fence.
Allison
Rounds, 3627 Ross Mills Rd., Falconer, NY, provided pictures
of the property as it exist now. She
had concerns with the number of dogs, noise, the fact the kennels are not
insulated, dangerous dogs and the bark collars. She told the Board she had
contacted NYS Ag and Markets and they said even if Dawn is not a non-profit
facility she is require to register as a dealer because she accepts money for
the dogs. It is considered a sale even if she does not make a profit. She
placed a letter on file with the Town.
She is opposed to any plan that would put the dogs behind Mrs. Young’s
house and any plan that does not provide an insulated facility. She is opposed
to 35 dogs on the property.
Dawn stated she did not
sell dogs. People that adopt dogs can
donate for veterinarian fees.
Margaret
Young, 3727 Ross Mills Road, Falconer, NY, is the closest
neighbor and had concerns about the noise and the number of dogs that would be
behind the barn. She did not believe
the fence would help with the noise.
Attorney Wright asked if
the kennels that were shown in the pictures would be the same kennels that
would be within the fence. Dawn stated
they would and the fence will be insulated.
The Board needs to create some plan that would be enforceable by the
code enforcement officer. Any rescue
dogs will be within the confines of the fence except the dogs in isolation.
They want to improve the property by cleaning it up and making it quieter.
Adrianne
Rounds, 3627 Ross Mills Road, Falconer, NY, told the Board she
has four dogs, three cats and two horses and has even taken dogs to Dawn. She lives a distance away and added a porch
to her house and she can still hear the dogs.
She stated both her and Allison are very active with the SPCA and
concerned with animal rights and animal cruelty. Her concern is with the
oversight of over 30 dogs, dangerous or wild dogs, and also her property value.
Attorney Wright said the
Board understands the concerns but said this Board is concerned with the land
use activity. He reviewed 121-5 of the
Town code and the Board decided it was subject to review of the Planning Board.
Attorney Goodell said that
Dawn started her operation in 1988 and the code was adopted in 1990. Attorney Wright said it was brought in as an
increasing use and felt it was subject to review. Randy said the proposal is to alter the operation. Mr. Wright said that triggers the review but
would not recommend a site plan review before they had approval for the special
use permit from the ZBA.
Chairman Evans said
because of the concerns of the neighbors he thought it would need a full site
plan. The Board agreed. The Board would
require the buildings to scale, all the buildings on the property plotted, the
location of new buildings and fence.
There were some drainage
issues. Randy said he could make a
topographic map with 2-foot contours so the Board would be able to waive the
criteria for the topographic survey.
Attorney Goodell said
there is no disagreement of the property lines.
Randy said he has not
issued any building permit. He requires a permit for the fence and enclosing
the barn. He did not want to issue a
permit for a land use that might not be approved.
Dawn told the Board she
wanted to clear up a few things. She
gets her dogs from other rescues as a rule. The dogs are temperament tested.
The only ones that are not are the ones that are dumped because the SPCA charges. She brings the dogs to the veterinarian and
the people that adopt them make the check out to Dr. Inkley.
Attorney Goodell requested
Randy be able to issue a permit for the fence because they would put the fence
up regardless of whether Dawn gets approval for the use or not. They have a grant of $10,000 to put up the
fence and it is being delivered this weekend.
It will have no impact on drainage and does not affect the
contours.
Randy said if they can
divorce the concept of the fence from everything else he would ask Attorney Wright
to advise him to issue a fence permit.
Bob Thomas asked if the people that were giving Dawn the grant would be
willing to do that is she does not run the kennel. Dawn said that they knew the application was before the Zoning
Board for approval. The Board agreed
the fence was a separate issue and Randy could issue a permit for the fence.
The Board reviewed the
site plan checklist noting they would waive the following criteria:
7) the storm water management plan – Randy
would provide maps showing the contours
9) parking area – no parking lot
10) pedestrian walkway
13) sewage disposal – already exist for home and dog
waste is pickup by Westfield Disposal
14) no change in method of securing water – she has a
well
15) no fire hydrant
26) no aerial map required
27) Randy
will provide a topographical map
Attorney Goodell asked if
they need an architect stamp. The Board
wanted at least a survey and can give the Board plotted dimensions to scale.
There are no existing watercourses so they just need to note that.
Motion made by
Bob Thomas, seconded by Ron Calanni to adjourn the meeting at 11:25 PM.
Carried. Ayes – 6 Noes – 0 Absent –1
__________________________
Valerie Pierce, Secretary