MINUTES OF THE
REGULAR MEETING OF THE TOWN OF ELLICOTT PLANNING BOARD HELD AT THE
ADMINISTRATION BUILDING, 215 SOUTH WORK ST., FALCONER, NY ON NOVEMBER 5, 2003
AT 7:00 P.M.
PRESENT: Chairman Dan Evans, Gary Swanson, Bob Pickett, Ron Calanni
Attorney William Wright and Code Enforcement Officer Randy
Woodbury.
ABSENT: Becky Holmstrom,
Mike Mogenhan and Dave Carlberg.
Chairman
Dan Evans called the meeting to order at 7:00 P.M.
Motion made by Ron
Calanni, seconded by Gary Swanson to approve the minutes
of the October 8, 2003 meeting.
Carried. Ayes-4 Noes-0 Absent-3
Charles Hall,
Attorney for Jamestown Pediatrics presented new 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.
Mr. Hall told the Board Mr. Brian Pound, Tolman
Engineering and Dr. Lisciandro were present to answer any questions the Board
members might have. Mr. Hall explained they want to gravel the parking lot
until they could put in asphalt in the spring.
Mr. Woodbury had reviewed the plans. The applicant
needs to return to the Zoning Board for approval of the variances. He told the
Board he had spoke with Rex Tolman and Sonny Shellhouse and they will be
replacing the drainpipe for the Giambellucas. Mr. Woodbury told the Board the
Giambellucas had asked the dumpster be moved.
Discussion followed on the plans. There will be only
one entrance on Fairmount Avenue. There
is an addition of 19 parking spaces.
Mr. Evans said they would have to impact the 20-foot buffer in order to
do the drainage and that would require a variance. Mr. Hall stated the Zoning
Board told them they could gravel the parking lot. Attorney Wright said there was a 20-foot natural buffer and he
did not think the applicant should cut into it without the variance. Mr. Wright
thought the Zoning Board told them they could impact the property only if it
did not require a variance. Mr. Wright said they would have to restore the
buffer area if they were not granted the variance. There was discussion on the
effects the traffic lights would have on the neighbors if the buffer were not
there.
Gary Swanson said he would like to see the applicant
get the variance from the Zoning Board
first and Ron Calanni agreed.
Mr. Hall told the Board members they would impact
the Giambellucas if they did not do the drainage. Mr. Pound suggested they fill
and then put in gravel berms and one row of parking. Mr.
PLANNING BOARD
NOVEMBER 5, 2003
PAGE TWO
Woodbury suggested doing the drainage and than
grassing the area.
Chairman Evans asked Attorney Wright if the Board
could make the restoration of the buffered
area part of the motion. Mr. Wright said they could.
Discussion followed on the size, kind and distance that should be
between the trees. The trees are shown on the plans being 10 feet apart.
Attorney Wright stated the Zoning Board must grant the minimum variance needed.
Mr. Evans
said the back variance would not be as bad as the side variance because the
parking on the side will go right next to the road but the back could be
buffered. He would see like to see the drainage done and the applicant agree to
restore the buffered area if the variance is not granted.
Attorney Wright explained to the Board members they
could wait for the Zoning Board approval or they could approve this application
contingent on the Zoning Board’s approval. If the Zoning Board grants anything
less than shown on the plans they would have to come back to the Planning Board
with their revised plans.
Gary Swanson asked if this had been sent to the
County Planning Department. The County
sent a letter to the Town of Ellicott stating this project has little adverse
countywide or inter-municipal effects since the proposal appears to be a matter
of predominately local concern.
The Board asked the applicant to show the
Giambelluca property on the plans and provide a planting schedule before they
submit the plans for their building permit to Mr. Woodbury. The Board members
asked the Doctors to stagger rows of arborvitae trees 10 feet apart if they
needed to restore the buffers.
A short form EAF is required for this project so Mr.
Pound took time to fill out the form.
Dr. Kenneth Erickson
requested a sketch plan conference for property located at 428 Fairmount
Ave., W.E., Jamestown, NY owned by Attorney
Dale Robbins and Roger Bender. He
would like to use it for his chiropractic office.
There would be issues to make the building handicap
accessible and to bring the building up to code. Dr. Erickson explained to the
Board members what he would need to do to both the inside and outside of the
building.
The easement would have to be researched by Mr.
Robbins or Dr. Erickson. The property
is zoned Professional Office. Attorney Wright stated when another applicant
brought this propertry before the Board the easement was never discussed.
Mr. Woodbury will take care of the building issues
but needs to know how formal the Board wants
PLANNING BOARD
NOVEMBER 5, 2003
PAGE THREE
the site plan to be. Discussion followed and the
Board decided they would need to see plans showing a footprint, elevations,
lights, signs, the dumpster, parking spaces and the curb cut. They would agree
to waive the topals. Mr. Woodbury will give Dr. Erickson a site plan
checklist.Dr. Erickson was told the projecting sign was not allowed. A 4 SF
wall sign or a 20 SF ground sign would be allowed. The Planning Board would need a copy of the easement.
The Board continued with the EAF for Jamestown
Pediatrics.
Rev. Msgr. Joseph M.
Dowdell from the Sacred Heart Church asked if the Board had received
the letter from him stating their objections to the easement. The Church is not
waiving any of its rights to have access for ingress and egress over any or all
parts of First and Second Streets (paper streets) in West Ellicott. The Town had received the letter and it was
on file.
Attorney Wright stated this action does not exceed
any type 1 threshold in 6 NYCRR, part 617.4 and it will not receive coordinated
review.
The Board members noted in Part IIC:
1) This
project will help to solve drainage problems with neighbors and the Town
street.
2) The
property is zoned neighborhood business
3) There
will be no additional driveways onto the highway or side streets.
Motion made by Gary
Swanson, seconded by Bob Pickett making the determination that this project
will not result in any significant adverse environmental impacts and
authorizing Chairman Evans to sign the form on behalf of the Planning Board.
Carried. Ayes-4 Noes-0 Absent-3
Motion made by Bob
Pickett, seconded by Gary Swanson to approve this project as presented
contingent on the approval of the Town of Ellicott Zoning Board of Appeals of
the setback variances necessary to accomplish the plan and further on the
commitment of the applicant that they will restore and replant the property
affected by the applicant for which setback variances are not granted. For the purpose of this resolution restoration
will be accomplished by the planting of at least two rolls of arborvitae on
ten-foot centers staggered five feet per roll.
Carried. Ayes-4 Noes-0 Absent-3
Motion made by Ron
Calanni, seconded by Bob Pickett to adjourn the meeting at 8:27 PM.
Carried. Ayes-4 Noes-0 Absent-3
_________________________________
Valerie Pierce,
Secretary