May 13, 1997

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 18, 2009 AT 6:00 P.M.

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

ABSENT: Gary Swanson

Chairman Evans opened the meet= ing at 6:52 PM.

Motion made by Steve Peterson, seconded by Ron Calanni to approve the minutes of the September 16, 2009 meeting.

Carr= ied. = &nb= sp; Ayes – 6 = &nb= sp; Noes – 0 &nb= sp; Absent – 1

Chairman Evans opened the Publ= ic Hearing for Timothy Ruch for site plan review f= or 580 Fairmount Ave. and 590 Fairmount Ave., W.E., Jamestown, NY.&n= bsp; Mr. Ruch request the dwelling at 580 Fairmount Ave. be changed from a two dwelling to a three dwelling residence. He is requesting an addition to the first floor of 590 Fairmou= nt Ave.

&= nbsp; &nbs= p;

Jerry Erickson, PE<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt;font-family:Arial;mso-b= idi-font-weight: bold'> for Mr. Ruch’s project addressed t= he Board.

Atto= rney Wright informed the Board members that Mr. Ruch= had appeared before the Zoning Board of Appeals and was granted a permit for th= ree apartments at 580 Fairmoun= t Ave. The Zoning Board approved the permit contingent on the Planning Board site = plan approval.

Randy Woodbury said that because Mr. Ruch operated the Saloon and the newly designated apartment building as kind of a campus, the Zoning Board wanted the site plan to reflect both businesses together. That is why the Planning Board is reviewing both properties. Randy said in his opinion they are being used together. Randy said that one= of the proposed additions would not meet the current setback requirements. The Zoning Board did not approve anything for the proposed additions but determined that the two properties = were being used in conjunction with each other. Randy’s opinion was that t= he site plan should cover the entire project.=

Atto= rney Wright did have an issue with the proposed additions that are marked on the plan because this is a prior non-conforming use. This property is in a neighborhood business zone. Randy said tha= t the applicant would need an area variance and perhaps a use variance if they wa= nted to proceed with the proposed additions.&nb= sp; Attorney Wright told the Board that they wanted to make it very clear that they are not approving the proposed additions with this site plan.

The Board needs to make sure if either property were sold they could stand alone. Chairman Evans made it= clear that the Board was not looking at the proposed additions.

Mr. = Ruch needs the approval for the apartments now but ca= n wait for approval on the proposed additions.&nb= sp; Chairman Evans told the Board they were not considering any proposed additions with this current site plan.&nbs= p; They are just looking at the plans but passing no judgment on them. = If separated both properties would have to be able to stand on their own. There was discussion on the parking. Mr. Erickson said that there would be enough parking for the apartments next to the building. In his opinion, if the properties were ever to split, they would both have ample parking.

Atto= rney Wright said the only issue in front of the Zoning Board was the apartment building conversion. There wa= s no discussion of any changes to the tavern during the Zoning Board meeting. He said that because of the testim= ony regarding the parking at the Zoning Board meeting it was determined that the site plan should be submitted on the entire parcel. The Planning Board is not approving anything that is on the plans as additions. They are only approving a conversi= on to what is currently on the property. <= /span>

Chai= rman Evans asked Randy Woodbury wha= t the code would require for parking for the 3 apartments. Randy stated there was nothing in = the Town code for parking in residential zones. The building code would cover this= but Randy was not sure if there was anything in the building code that covered residential parking.

Jerry Erickson told the Board that except for the areas that are marked proposed additions everything on the plans is what exists currently. There is a fire escape that was ad= ded for the second floor bedroom that is part of the building permit to remodel= the downstairs. The parking space= s are presently not marked. The sur= face of the parking space is bituminous &n= bsp; Mr. Ruch explained his plan for the mark= ing of the parking. There is ample p= arking with enough space for emergency vehicles.&= nbsp; He has space for snow removal. If there is too much snow he has it removed.

Randy said this building will go back to residential. There are plans that meet the NYS = Building Code for the conversion and will now be a three dwelling residence in a neighborhood business zone. It still may have some setback issues under the current code but its use is a “use –by-right” in a residential zone provided they get a special use permit.

Mr. Erickson told the Board that while finishing the plan they added a little s= pace for storage.

It w= as agreed they wanted to make the dining room bigger and Randy suggested they = show that on the plans.

Randy confirmed that the only thing the Board can approve at this meeting is on t= he residential building. <= o:p>

The Planning Board reviewed the site plan checklist noting

all the parking is bituminous surfaced – no new paving
the storm water management plan – N/A
exterior dimension= s of the building will not change for the apartments – changes are all internal
sidewalk already e= xist
no new outdoor sto= rage – there is already a dumpster there
no new fences=
electric service w= ill have three separate meters – water service will have one meter
fire hydrants – one to the east = toward Jamestown on the south side of the street approximately 550’ to 600’ away – one on the south side of Fairmount that is ½ block west of the property by Glidden – there is also one on Merlin Ave. and one on Gifford Av= e.
no new signs<= /o:p>
no new lighting ex= cept for door lighting for the new apartment
no changes in the landscaping
Mr. Ruch wants to start as soon as possible
other required per= mits - they have already received approval from the Town of Ellicott Zoning Board

Any = fire codes will be taken care of with the building permit.

Atto= rney Wright stated this proposed action is exempt from SEQR.

Chai= rman Evans asked for the motion to state that the proposed 2010 additions be rem= oved from the site plan.

Motion made by Phyllis Belin, seconded by Paul Shanahan to approve the site plan for the conversion of the apartment house and for the ex= isting condition of the rest of the site excluding future expansions.

Carried. = Ayes – 6 = &nb= sp; Noes – 0 = Absent – 1

Allen and Mary Peterson, Strunk Rd., Jamestown, NY, addressed the Board concerning rezoning.

Mr. Peterson read a letter concerning rezoning of his property on Strunk Road= that was presented to the Town Board. He stated that he thought the zoning is not described in the code as it was discussed when the Town was changing the three interchanges in the Town. He was on the Planning Board and Z= oning Board (which was one Board at the time).&n= bsp; He disagrees with the north boundary line of the commercial zone. The line is now shown on the zonin= g maps further north, which include his house and the property directly across from it.

Mich= ael Erlandson, Town Clerk and Randy Woodbury, CEO have researched this zoning.<= span style=3D'mso-spacerun:yes'> Mr. Peterson said he has seen maps= that originally showed the zone right where that property line when Boyle’s bought the property and it went right where Mr. Peterson’s barn went.= He does not like asking to rezone it when he does not think that it should nev= er have been. He feels that this was what was intended when the original zoning change was made. <= /o:p>

Mr. Peterson said that Boyle’s is a very considerate neighbor. He is asking that the Board consid= er rezoning the small section of the commercial zone back to residential. Mr. = Peterson wants to know that there is some sort of protection short term as well as l= ong term. If this were going to be developed the Planning Board would have to approve a complete site plan. The Board would ask for some sort of buffer if that came in for site plan revie= w.

Mr. Erickson asked if there could be a side agreement between Mr. Peterson and Boyle’s as a deed restriction. = Attorney Wright stated they could consensually agree to a deed restriction but that is difficult for enforceability in the future and it w= ould not involve the Town. Mr. Eri= ckson asked if there could be an easement created. Boyle’s would have to agree = to it. Attorney Wright said the Board could ask for a vegetative buffer of 100 fee= t, if they try to sell the property as a stand alone they could not be able to access the property.

Randy asked the Board members to look at the zoning map in their code books. He stated that this currently publ= ished zoning map accurately reflects the language of the meets and bounds descrip= tion in the zoning code. There was an error in 2000 on the zoning map that put t= he mercantile zone too far north. He said that what Mr. Peterson is asking for is the removal of some of the mercantile zone that is immediately in front of his house. Randy said that it would not be productive to try to prove that an error occurred and correct it. It would be easier to change the z= oning. Mr. Peterson would like to put a buffer along the frontage of the mercantile zone to preserve the residential feel of the property.

Atto= rney Wright said that Randy needs to go up there and make sure they are not utilizing the property outside of their site plan. Randy said if the Board would like= he could ask Boyles if they would be agreeable to a written buffer. Mr. Wright said that they are trying to make a smoother transition between commercial = and residential in the comprehensive plan. This problem is throughout the Town.=

Mr. Peterson stated that maybe they should wait until Boyles has something of interest. Randy said he would= go and take a look to see if Boyles is using the land appropriately. Boyle’s= has put some of their trucks behind the trees but they asked the Petersons befo= re they did that.

The Petersons said they will just wait on the rezoning for the time being.=

Motion made by Steve Peterson, seconded by Fred Santucci to adjourn the meeting at 8:02 PM.

Carried. = &nb= sp; Ayes – 6 = &nb= sp; Noes – 0 = &nb= sp; Absent – 1

= ______________________________

Vale= rie Pierce, Secretary