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 NOVEMBER 14, 2007 AT 7:00 P.M.

PRESENT: Chairman Dan Evans, Ron Calanni, Paul Shanahan, Steve Peterson, Fred Santucci, Attorney William Wright, Code Enforcement Officer Randy Woodbury and Secretary Valerie Pierce

ABSENT: Gary Swanson and Phyllis Belin

Chairman Evans opened the meeting at 7:00 PM.

Motion made by Ron Calanni, seconded by Steve Peterson to approve the minutes of the October 10, 2007 meeting.

Carried. Ayes – 5 Noes – 0 Absent – 2

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

Bob Arnone, Habiterra Associates, presented a final copy of the storm water management plan for Acu-Rite.

Dan said they would go right down the list of items the Board had requested at the last meeting:

1) the boundaries and properties plotted to scale – Mr. Arnone stated they were on the plans

2) the storm water management plan had been provided

3) building and elevations were shown on the plans

4) the lighting – Mr. Arnone said that at the last meeting he thought there would be lighting on the road but there is no lighting on the existing road nor will there be any on the new road - there are lights on the end of the building as they exist now and they will relocate them to the new end of the building as they extend that – there will also be some new lighting that will go over the two doorways that face into the property for security – all the lighting will be on the building

5) the Town has received a letter from the Chautauqua County Planning Board stating this project would have no significant county-wide or intercommunity–wide impact and would be a matter of local concern

6) Mr. Arnone showed the Board the plans for the drainage system - Randy Woodbury told the Board that is part of a new requirement for EPA because they not only have to contain the quantity of water but also have to improve the quality – Mr. Arnone said this drainage system is sized for this 20,000 SF addition but also for another possible 20,000 SF addition in one to ten years – there are two detention areas - Attorney Wright asked if Mr. Arnone could provide a copy of the storm water management plan that was signed by the engineer

Mr. Arnone was asked to fill out a short environmental form.

Chairman Evans moved on to the request of rezoning on North Main Street Ext. from Girts Road to Salisbury Road. Randy provided a map of the area. No neighbors were present concerning this rezoning.

Dan said that the Comprehensive Plan is now in the process. He reviewed the ideas the Board discussed at the last meeting:

1) they could coordinate this with the airport zone – they could expand the airport zone to include these properties – they are not near the boundaries of the airport zone

2) this should be part of the comprehensive plan

The Board has received several letters from the residents of this area and they are not in favor of rezoning but have no problems with the businesses.

Paul Shanahan said he has personally talked to almost every resident in the neighborhood and nobody has a compliant. He said they do not want anything rezoned but want the businesses left alone. According to the neighbors it is not a person from the neighborhood that is complaining.

There have been issues with the properties. Dan said there have not been a lot of issues on Mr. Anderson’s property because it is immaculate, but it is a business and was portrayed on the Town books as a place to keep antique cars, which it is not. Swanson’s property has been in business twenty some years but it is in violation because there is no bituminous driveway and he is continually expanding. Dan said that is a legitimate compliant. The issues have to be addressed.

Attorney Wright said that it is not up to this Board to address how to enforce. This Board has a request from the Town Board to evaluate rezoning and make a recommendation to the Town Board.

Randy said he had suggested that Mr. Swanson move his business down to the mercantile zone in Kimball Stand. He said that he has been working with Attorney Duncanson on this and it does need some process. When he asked Mr. Swanson to take down the sign on his tree he did it quickly.

Chairman Evans said that at the present time this should go back to the Town Board with a recommendation to wait for the Comprehensive Plan to be completed.

Paul said that there are a lot of self-employed individuals in different areas of the Town. He personally thinks there is a lack in the Zoning code to fit such individuals in somewhere. Dan said that Mr. Swanson has gone beyond the home occupation business. Paul said the code should find a place for these residents. Paul said that maybe these would be better handled with variances or Special Use Permits. He is personally against rezoning for the purpose of curing this problem. The Board agreed that this should be sent back to the Town Board recommending they wait for the Comprehensive Plan.

Attorney Wright said that a Special Use Permit would have been applicable to Mr. Swanson in the beginning but is no longer.

Motion made by Paul Shanahan seconded by Steve Peterson to direct Chairman Evans to send a letter stating the reasons they are against the rezoning at this time. The reasons are:

1) because the Town is working with the Villages on the Comprehensive Plan

2) the residents are not in favor of the rezoning but have no objections to the businesses being there – Paul suggested that the applicants should pursue other avenues

Paul stated that a strong point was made at the last meeting that goes along with the area residents comments - that a particular piece of property could be much more intrusive to the communities with agricultural activities than this person is being with his activities – it does not justify his activities but is part of the residents reasons that they do not have an issue with him – he said that there seems to be some gaps where people do not fit and there are other individuals in the Town in the same situation.

3) the owner could help remedy this by seeking some permission to continue to run the

business there

Mr. Swanson could reduce the number of commercial vehicles parked in a residential area and the number of people reporting to work there.

The Board reviewed the environmental for Acu-Rite. Attorney Wright stated that this action does not exceed any type I threshold in 6NYCRR 617.4 and will not receive coordinated review.

The Board continued with Part II noting:

1) there is a new drainage plan that has been certified for the addition

2) the property is zoned Industrial

3) this project will not have an impact on the environment that will create a critical environmental area

4) there is no controversy related to potential environmental impacts

5) the Board determined this proposed action would not result in any significant environmental impacts

Motion made by Paul Shanahan, seconded by Ron Calanni for Chairman Evans to execute a negative declaration.

Carried. Ayes – 5 Noes – 0 Absent – 2

Motion made by Ron Calanni, seconded by Steve Peterson for Chairman Evans to sign the environmental impact.

Carried. Ayes – 5 Noes – 0 Absent - 2

Motion made by Paul Shanahan, seconded by Fred Santucci to approve the site plan as presented for Acu-Rite, One Precision Way, Jamestown, NY with one stipulation:

1) the Town would receive the engineer’s signed stamped storm water management plan

Carried. Ayes – 5 Noes – 0 Absent – 2

Chairman Evans signed and stamped three copies of the site plan.

Chairman Evans opened the Public Hearing for Jones-Carroll Inc., 2142 Lodestro Lane, Jamestown, NY for site plan approval to install a 60-foot truck scale at the east end of the existing building with approaches.

Mike Jones, Jones Carroll representative, review the site plan with the Board members noting:

1) the maximum length of the scale would be 60 feet – you can weight a 52 foot trailer but

the cab would not fit on the scale

2) there is enough area provided to turn a truck – they have extended approximately 16 feet.

3) the curbs cuts would stay the same

4) the perimeter drain is existing - there is a County owned detention pond

5) there will be 10 foot cement approaches – they have put down millings now and will put tar and chip on top of that

6) the electric company did move the transformer

7) traffic flow will stay the same

8) no additional outdoor lighting – there are existing lights around the perimeter of the building, which are shown on the original plans

9) they will have a small 8’ by 8’ scale house – it will be part of the scale

10) this project is a modification to the original site plan review – it was brought in within the time period allowed

11) the Town has received a letter from the Chautauqua County Planning Board – they stated there was no county-wide or intercommunity-wide concern and was a matter of local concern

12) Attorney Wright stated that this proposed project is exempt from SEQR under 617.5 (C) 7

13) the change in the drainage is so small it doesn’t require a new water management plan

Motion made by Steve Peterson, seconded by Fred Santucci to approve the site plan for Jones-Carroll Inc., 2142 Lodestro Lane, Jamestown, NY as presented.

Carried. Ayes – 5 Noes – 0 Absent – 2

Chairman Evans signed and dated three sets of plans.

Mr. Evans opened the Public Hearing for a request received from the Town Board for rezoning of property owned by Richard and Anthony Benedetto on Dunham Ave., W.E., Jamestown, NY from residential to professional office or neighborhood business.

Attorney Andrew Goodell, representing the Benedettos, told the Board that the corners of Fairmount Ave and Dunham Avenue are already professional office zones. The Benedettos own property down on Dunham Avenue. It would make sense for the corridor going down Dunham Avenue to be rezoned professional office or neighborhood business.

Mr. Goodell told the Board members they have talked to the Sacred Heart Church and Mark Hermann. Mr. Hermann was present at the meeting and Mr. Goodell had letters of support for this rezoning. They have the support of Mr. Hermann, Joseph Loverme, and the Church. Attorney Goodell said that it would make the most sense to take their property on Dunham and go back approximately 150 feet on the other side of the road up to Fairmount Avenue and make it professional office or neighborhood business. In terms of the character of the neighborhood, just down the street the old school has been sold to the Resource Center and because of that and with the amount of traffic it is very unlikely that there will be any residential development. There is not a demand for new housing in that area.

The Benedettos have owned the property for about ten years. Mr. Goodell provided a rendering of the type of building they are proposing. The building would be approximately 4000 SF. This type of office building will fit well into the neighborhood because most professionals only work till 5:00 P.M. There are no residential properties that abut this property.

Mr. Benedetto told the Board they have tried to sell this property for a couple of years. They did not get any offers. Attorney Wright asked if this is an immediate issue. Do they have to have this done now? Dan stated that the Town (even before 2000) has been trying to work with Celoron to change that whole corridor. Back then they wouldn’t even entertain listening to the Town. Now they are on board with the comprehensive plan and they should look at this corridor.

Attorney Wright said that the question for the applicant is “Given what they have heard about the comprehensive plan, can they provide a compelling reason why this should be done ahead of that comprehensive plan?”

Mr. Benedetto said he has heard about this comprehensive plan for years and would have no problem with comprehensive plan as long as there is a time limit with it. Mr. Goodell said that the problem with the comprehensive plan is that it deals with the whole Town and then after it is done in about 6 months to a year it comes back and there are pockets of problems. The Master Plan is not adopted until those issues are addressed. You can be looking at a couple years down the road before they adopt the final plan. If the Board feels that this rezoning should happen and it is not controversial why wait. If the Board decides they do not want to make any changes until the Master Plan is done then they should tell the Town Board not to send any more rezoning requests.

Mr. Goodell said they would go to Celoron to see if they have any objections to what they are proposing. Dan said that Celoron is now very receptive to the comprehensive plan. Paul asked if the Board could even act on this if it is within 500 feet of another municipality. Attorney Wright said that all the Planning Board is doing is a recommendation to the Town Board under 146-7 (A) that requires the Town Board to refer requests for zoning to the Planning Board for recommendation. Attorney Goodell said it is an automatic referral to the County Planning Board for their comments because it is within 500 feet of a boundary.

Mr. Benedetto told the Board this initially was only a request for their property but once he talked to the neighbors they were interested in rezoning. Dan stated that the formal request is only for the Benedetto’s property.

Mr. Goodell said that if it would be helpful for this Board to hear from Celoron, he would recommend they go to Celoron and have them send a letter on how they feel about this particular issue.

Randy asked if the Benedettos have considered swapping land with the Church since they are already zoned Neighborhood Business. They don’t think the Church would be looking for an even swap because the zoning of their property makes it more valuable. They have already considered this.

Mr. Mark Hermann, owner of adjoining property, told the Board that he would like to see this area rezoned. He said that Mrs. Faulkner, the previous owner, ran a flower business. He would also like the Benedettos to help him sell his property. He would like to see Celoron developed.

Attorney Goodell asked if there is a time limit on the Planning Board’s recommendation. Attorney Wright said the Planning Board has 60 days unless some other agreement is made.

Mr. Wright said the question for the Board is “Is this outside of the comprehensive plan that they are going to consider?” Dan said that he was not sure there shouldn’t be more done along this corridor. He is not sure the Town should have to pay for an environmental and then have to do another one. Attorney Goodell stated they do not want to wait two years. He said that they appreciate input from a lot of people on a comprehensive plan but no other input will be better than the neighbors input.

Paul Shanahan asked how the Board would deal with the spot zoning issue. Mr. Wright said that they could extend the zone that already exist, however it could be an issue because it would be zoning that is not in compliance with a comprehensive master plan. Ron Calanni said that he did not think this should be outside of the comprehensive plan.

Discussion followed on the rezoning. Dan said that this is an area that does need to be addressed but there is not a compelling reason to do this before the comprehensive master plan. Attorney Goodell stated he thinks the questions is not “Is there a compelling reason for us to do something now?” He thinks the real question is “Is there a compelling reason not to do something now if it makes sense now?”

Dan said that the compelling reason for the comprehensive plan is to make everything to fit.

Mr. Goodell said that Celoron is considering it’s own rezoning adjustments now without waiting for the comprehensive plan. They have just rezoned the property around the Moose Lodge. His thought is if Celoron gave the Planning Board feedback that would be helpful for the evaluation then they might have all the information they would get from the comprehensive plan.

Paul Shanahan said he sees no reason not to table this and see what Celoron has to say. Steve Peterson asked why this is not spot zoning. Mr. Wright had stated that it could be an extension of an existing zone and he said that the Board could go into executive session and discuss legalities and risks.

Chairman Evans said there are some options:

1) table this for additional information

2) take the Board into executive session if the Board wants more information

3) they can recommend to wait for the comprehensive plan

4) it can be recommended to rezone

Discussion followed. The companies that the Zoning Commission has interviewed said the time frame for the Comprehensive plan is about one year.

Randy said that one of the reasons they are getting together with Falconer and Celoron for a regional look is to establish an ongoing dialog on these types of issues.

Attorney Wright said it is not appropriate for Mr. Goodell to seek a letter from the Village of Celoron but that the Chairman of the Planning Board should seek the letter. Mr. Goodell said he would provide an address for the Chairman.

This would not go to the County Planning Board now but Paul suggested they ask the County for the same type of courtesy letter as they are asking from the Village of Celoron. He said that the reason he is considering this request unlike some of the other issues is it does have some distinct differences. He stated the Town does not have a moratorium on development and there are no neighbors objecting. If all the parties involved agree this would be done in the comprehensive plan, then maybe there is cause to get it done and not hold up development.

Attorney Wright said that the Planning Board could request the Town Board not rezone this single property but to look at a broader area.

Motion made by Paul Shanahan, seconded by Fred Santucci to table this application for Richard and Anthony Benedetto to rezone their property on Dunham Avenue in order to get additional information from the Village of Celoron and the County Planning Board.

Carried. Ayes – 5 Noes – 0 Absent – 2

Attorney Wright suggested that the Planning Board have an executive session at a future meeting on the legalities of spot zoning.

Motion made by Steve Peterson, seconded by Ron Calanni to adjourn the meeting at 9:00 PM.

Carried. Ayes - 5 Noes – 0 Absent - 2

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Valerie Pierce, Secretary