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 27, 2004 AT 7:00 P.M.

 

PRESENT:  Chairman Dan Evans, Ron Calanni, Mike Mogenhan, Dave Carlberg, Attorney William Wright, Code Enforcement Officer Randy Woodbury and Secretary Valerie Pierce.     ABSENT:   Gary Swanson and Phyllis Belin

 

Chairman Dan Evans called the meeting to order at 7:00 P.M.

 

Motion made by Dave Carlberg, seconded by Ron Calanni to approve the minutes of the June 16, 2004 meeting.

Carried.                      Ayes-4                        Noes-0                   Absent-2

 

Phyllis Belin entered the meeting at 7:02 P.M.

 

Rex Tolman, engineer for H.H.Rauh Enterprises, Inc. reviewed the revised final site plans for the blacktop facility on Allen Street, Jamestown, NY noting they added a security fence all around the facility.

 

Attorney Wright asked if the fence was an issue that came up in their environmental justice review. Mr. Tolman said this was client driven for security.  Mr. Evans asked if it would need a variance. Mr. Woodbury stated they would need a variance for the fence.  Attorney Wright said that would not hold up the approval of the site plan. The Board could approve it with a compliant fence, which is either per code or variance. 

 

The Board members reviewed the site plans noting:

1)    the size and elevation of the building were on the plans

2)    no lights on the building  - there are pole lights adjacent to the building

3)    there should  be paving up by  the offices  - the plans do not show the paving

4)    the shut-offs need to be taken care of by the BPU

5)    the fire hydrants are on the plans

6)    Mr. Tolman provided specifications on the lighting

7)    Mike Mogenhan asked if the entrance should be paved so the trucks coming out are not throwing mud onto Allen Street.  Most of the property is concrete slab. Attorney Wright said anything that will be driveways or parking has to be bituminous surfaced.

8)    Mr. Tolman said there would be significant fugitive dust requirements as part of the air permit.  They have committed to daily watering and sweeping of the traveled way and monthly collection of all loose material.

9)    There will be an exit only onto Dow Street – the applicant committed during the environmental justice hearings, because of the citizen concern about trucks turning right onto Dow Street into the residential area, that their trucks would do only local deliveries up in that area. 

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10)  Attorney Wright asked they would be producing asphalt for anyone else and how would they regulate where trucks go when they leave if they are not their trucks.

They could do a left turn only sign.  The applicant had not thought about that.  Mr. Woodbury said they could just add it to the exit only sign on Dow Street.

11) Water services were discussed

12)  Fence was discussed – the fence is not compliant

 

The Planning Board had gone through the site plan checklist so they continued with the SEQR. Mr. Evans had a question on the landscaping.  Mr. Tolman said they added raised planting areas that are shown on the plans along with the planting schedule.  

 

The Board members continued with the SEQR.  Mr. Tolman reviewed Part I and Part II of the full environmental assessment form. Attorney Wright explained that the Town asked the engineer to pre-complete Part II and then it is the responsibility of the Board to go through and make a determination as to whether they agree with that.  The Board reviewed the SEQR with the engineer. If they disagree with any one of the impacts they can change them if they need to.  This environmental form is a recommendation at this point.  Attorney Wright stated for the record that one of the reasons that the SEQR process took so long was that NYS DEC made the applicant go through a procedure they call environmental justice. They were required to get the neighbors involved in the project and have public meetings inviting neighbors to come to address any environmental concerns that they might have.  The Planning Board has received a letter from NYS DEC stating that H.H.Rauh Enterprises, Inc. have successfully completed their environmental justice review and so the Planning Board can go forward with the SEQR. Mr. Rauh said that most of the neighbors were neither negative or positive but had concerns. 

 

The Board members reviewed Part II of the environmental form with Mr. Tolman noting:

1)    there would be minimal impact on the land

a) minimal physical change – they will put some foundations in – construction     of      grass filter strips, raised landscape areas and paving

     b) the construction of the building will be more than a year from approval – Bob Rauh          said they thought they would have the building up within a year  bur the drum  plant          would not be up within a year and possibility closer to three years – they will  come           back for the drum plant.

2)    there will be no impact on water

3)    the biggest impact will be on air

a)     the emission rates exceed 5 lbs per hour or heat source producing more than 10 million BTUs per hour

b)    the air contaminates and fugitive dust are being controlled by air facility permit they are getting from NYS DEC

 

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Attorney Wright asked the Board members to review the addendum (Part III –Evaluation of the importance of impacts) that has the explanation of the impacts.

 

4)    there will be no impact on plants and animals

5)    there will be no impact on agricultural land resources

6)    there will be no impact on aesthetic resources

a) they will improve the way the property looks now

7)    there will be no impact on historic or archaeological resources

8)    there will be no impact on open space and recreation

9)    there will be no impact on critical environmental areas

a)     it is not in a critical environmental area

10) there will be a moderate impact on  transportation

a)     there will be an increase in traffic – it will be increased from 486 to 508 trucks      in an 8 hour period to possibly 528 trucks in a day.

11) there will be no impact on energy

12) there will be a moderate impact on noise and odor

a)     noise was an issue in the environmental justice meeting – based on the manufacturers data on the burner and blower and it’s the same decimals as a large truck driving by

b)    odors were a concern in the public meetings – the odor will not be significant

13) there will be no impact on public health

14) there will be no impact on growth and character of community or neighborhood

a)     this neighborhood is a good neighborhood to put this plant in

 

Mr. Tolman said that they did evaluate the importance of these impacts in Part III.

 

Mike Mogenhan asked how the truck traffic would be routed to Lakewood.  Bob Rauh said they try to get to I-86 if they can except for local deliveries.

 

Phyllis Belin asked about night hours. They work till dark but the trucks need to get back to the plant and will be stored at this location.

 

Mike asked if trees around the perimeter would be more of a noise buffer or air quality buffer.  Mr. Tolman said the one thing nice about the location was there are factories across the road and the concrete plant just adjacent.  Attorney Wright told Mike that there was a great part of the DEC web site on vegetation as buffers and he was amazed at the area and density of trees you need to have before you get any significant noise reduction. 

 

Attorney Wright said the Board must make a determination of significance. The Board agreed that this project would not result in any large or important impacts and therefore is one, which will not

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have a significant impact on the environment, therefore, a negative declaration will be prepared. 

 

Motion made by Mike Mogenhan, seconded by Dave Carlberg that there would not be a  negative impact on the environment and that box A should be checked,  therefore the Board is making a determination that a negative declaration will be prepared.

 

Carried.                   Ayes-5                     Noes-0                 Absent-1

 

Mr. Tolman had prepared a negative declaration.  The Attorney and Board members reviewed the negative declaration. 

 

Mr. Wright said that they were talking about 60 tons a year and the negative declaration says 259,200 tons per year.  He asked if that would be with both plants at full operation.  Mr. Tolman said that was the maximum of what the DEC was permitting it at. 

 

Attorney Wright asked Mr. Tolman if there was no place to sign the negative declaration.  He thought it had a signature place.  Mr. Wright asked if Mr. Tolman had done a findings statement because the findings statement was what gets signed.  Mr. Tolman’s negative declaration included  a findings statement.  Mr. Wright suggested the Board adopt the negative declaration and if DEC wants a findings statement they could prepare one and have Chairman Evans sign it.  Mr. Tolman said that DEC would probably need a signed findings statement.

 

Motion made by Ron Calanni, seconded by Phyllis Belin to approve the site plan for H.H. Rauh Paving, Inc. as presented for an asphalt plant at the corner of Allen and Dow Streets in the Town of Ellicott with the following contingencies:

 

1)    they will have bituminous surface on all drive and parking areas

2)    there will be a no right hand turn sign added to the exit only sign on Dow Street

3)    the fence will either be compliant with the code or the applicant will have to get  variance approval for the fence

 

 

Carried.                   Ayes-5                         Noes-0                 Absent-1

 

Mr. Tolman asked if they could set up the plant with the site plan approval but not operate the plant. Attorney Wright said that is up to DEC. They work under a State facilities permit during construction and until they have that they can do nothing in furtherance of the project. 

 

Chairman Evans signed and dated the site plans.

 

 

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Edward Martiny, managing partner for Green Acres Enterprises, Inc. presented site plans for the 3rd phase of a three-phase commercial development consisting of the construction of a single story 7,084 square foot office and training facility on slightly less than an acre of land with provisions to expand the facility to 13,204 square feet in a future phase with site work to include 62 parking spaces, landscaping, paving, lighting and storm water management.

 

Mr. Martiny explained they had already developed two-phases of this three-phase project at 2930 North Main Street, Jamestown, NY.  They are proposing to do phase three.  Phase one was creating this area and doing the storm water management system and phase two was building the Main Express Travel Plaza.  They now propose an office building and training facility.  The New York State United Teachers Union want to relocate at Exit 12 because is it convenient for the teachers. 

 

Mr. Martiny told the Board members the storm water management system is all done, most of the SEQR issues have been dealt with, the utilities are all there, and the ingress and egress were all done so they just need to do some site work and construct the building.  They are less than a acre so they should not need a SPEDES permit for construction.  They will need site plan approval and a variance for their sign. 

 

The property is now leveled.  They have raised the area 2 ˝ feet.  They will maintain their mounted fuel retention.  They will put in trench drains that will drain into the storm water retention.  The existing berm will remain. 

 

Mr. Martiny said there would be 7 to 12 employees from 9:00 am to 5:00 pm Monday through Friday. They will have training sessions with up to 60 people. 

 

Discussion followed on the drainage, utilities, and the size and elevation of the building. The area where the future addition will be will remain green space until construction.

 

The Board continued with the site plan checklist noting:

 

1)    the storm water management plan for the original site plan includes this phase

2)    the dimensions of the building are not included with the plans

3)    there will be three dumpsters all in one area shown on the plans

4)    there is no fire hydrant – Mr. Woodbury stated they need a fire hydrant

5)    the utilities are already there

6)    there will be one small sign

7)    the lighting was on the plans and Mr. Martiny provided the light standard detail

8)    there will be no retail sales

9)    landscaping and planting schedule are included on the plans

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10)  construction schedule -  Mr. Martiney said they do not have one yet but they hope to

have  a lease agreement by 11/1/04 and financing by 01/03/05. He would like to start construction by 03/01/05 and take occupancy by 09/30/05.

11) Mr. Martiny did not have elevations of the building

12)  no other permits are needed – Mr. Woodbury said they will receive a letter for the director of the IDA

13) Mr. Martiny showed the Board members an aerial map of the property

 

Attorney Wright said as a safety issue there is curbing around most of the parking lots but does not show any curbing on the southwest corner.  Mr. Martiny will curb or mound the area with dirt.

 

Chairman Evans noted the items that are missing on the site plans:

 

1)    the dimensions of the building, type of construction and lighting on the building

2)    the fire hydrant is required – Mr. Woodbury will give Mr. Martiny an order to remedy  because there has to be a fire hydrant within 500 feet if there is a waterline available

3)    they need to put curbing on the southwest corner, east to west  in front of the proposed building

 

Attorney Wright said they needed to do the environmental assessment form and asked the Board if the were comfortable with the short form as long as the long form was in hand from the other phases of the project. 

 

Attorney Wright said the Board could approve the site plan with contingencies.

 

The Board reviewed the short form environmental form that Mr. Martiny provided.

 

Attorney Wright stated that this action does not exceed any Type I Threshold om 6NYCRR, Part 617.4 and this will not receive coordinated review.

 

The Board continued with Part IIC noting all the storm water on the site will be directed to the storm water system that was designed to handle it.

 

Attorney Wright stated this project would not have any impact on the environmental characteristics that caused the establishment of a critical environmental area.

 

There is no controversy related to potential adverse environmental impacts.

 

Motion made by Mike Mogenhan, seconded by Dave Carlberg making the determination that there will not be a significant environmental impact caused by the project and authorizing 

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Chairman Evans to check the appropriate box and sign the form.

 

Carried.                 Ayes-5                 Noes-0               Absent-1

 

Mr. Martiny clarified that the expansion of the new building will be for the Teachers Credit Union because they are merging with another union.  He could not be exact on the building.  Mr. Martiny was willing to come back to the next meeting.

 

Attorney Wright said if there is any issue in the negotiations and they are thinking Mr. Martiny may not get approval they could call the Town.

 

Chairman Evans told the Board members that Becky Holmstrom resigned as Planning Board member. 

 

Motion made by Dave Carlberg, seconded be Ron Calanni to adjourn the meeting at 9:04 PM.

 

Carried.                Ayes-5                 Noes-0               Absent-1

 

 

 

______________________________________________

Valerie Pierce, Secretary