MINUTES OF THE REGULAR MEETING OF THE TOWN OF ELLICOTT PLANNING BOARD HELD AT THE ADMINISTRATION BUILDING, 215 SOUTH WORK ST., FALCONER, NY ON DECEMBER 14, 2005 AT 7:00 P.M.

PRESENT:  Acting Chairman Gary Swanson, Mike Mogenhan, Dave Carlberg, Phyllis Belin,

                   Paul Shanahan, Attorney William Wright, Code Enforcement Officer Randy

                   Woodbury and Secretary Valerie Pierce

 

ABSENT: Dan Evans and Ron Calanni

 

Acting Chairman Gary Swanson called the meeting to order at 7:00 P.M.

 

Motion made by Phyllis Belin, seconded by Dave Carlberg to approve the minutes of the November 9, 2005 meeting.

 

Carried.                      Ayes-5                      Noes-0                   Absent-2

 

Mr. Gene Aversa presented site plans for a sub-division on West Oak Hill Rd., Jamestown, NY. He had added the topography on the plans and indicated the utilities on the plans.  He presented a smaller map showing what is there presently and a large map that shows what is present and proposed.  There are footnotes that indicate the units were constructed so they would accommodate the additional lots.  The sewage will be handled by septic systems on a per lot basis per the County Health Department guidelines.  When the referral is made to the County Planning they refer the plans to other agencies and the County Planning becomes the liaison between the Town and the other agencies.  

 

The other issue that the Board asked Mr. Aversa to address was the water runoff issue.  He attached to the plans a previous plan that was developed and an addendum from Jack Thompson, P.E., indicating how this would impact the present runoff. The runoff will be improved. 

 

Attorney Wright said one of the requirements of a major sub-division is the construction of roads to Town standards so they can be turned over.  Mr. Aversa said it is their intention to keep the roads private.  In their deed restrictions and in all the information in providing the lots it is indicated that this will be a private road and that the lot owners will share any expense of the road maintenance.

 

Mr. Swanson said the next step is to refer this sub-division to the County Planning. 

 

Motion made by Dave Carlberg, seconded by Paul Shanahan to accept this plan as the preliminary plot plan and to refer it to the County Planning Board and schedule a public hearing for the sub-division concurrent with the next Planning Board which will be on Wednesday January 11, 2006.

 

Carried.                       Ayes-5                       Noes-0                     Absent-2

 

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Mr. Swanson asked if there were any neighbors in regard to this sub-division and there were none present.

 

Mr. Richard Sedlack, building chairman for Fluvanna Fire Department and Paul Potter, Engineer, for Fluvanna Fire Department, presented site plans to construct a second fire station at 3496 Stubb Rd., Jamestown, NY. 

 

Mr. Potter presented the plans and provided an environmental form for the Board.  There was discussion on:

1)    the preliminary elevations with a floor plan for the new fire hall – the highest elevation is approximately 29’ 7” above grade – the elevation grade is 1728’ – they have approval from the FAA for 1729’

2)    the County Planning will not give final approval until they have the FAA approval  which Mr. Sedlack has gotten from the FAA and will  be sent to the County

3)    the distance from the road is where they told the FAA they wanted the building

4)    there are utilities poles higher than the proposed building

5)    they have City of Jamestown water and sewer

6)    this is a drive-thru building and there is ample parking on either side

 

Attorney Wright said that since the County has not make their opinion this Board cannot make a final determination on this project but they can go through the check list and identify anything that is deficient in the plans.

 

Mr. Potter ran thru the plan with the Board members noting:

1)    the building is approximately 60’ x 81’

2)    there are two bays in the bottom capable of holding four trucks – there will be a couple of handicapped restrooms with showers

3)    the second floor will have a meeting room and a kitchen

4)    the building is being designed as a block structure with a shingled roof

5)    this project does not require storm water management plan because it is less than ½ acre

6)    there is an erosion sediment control plan

7)    they have applied for the setback variance and special use permit from the Zoning Board

8)    the wooded area will be moved back only a couple of feet in order to get the driveway parking in – they will not be disturbing any other woods behind

9)    there is already a lot of filling going on – Mr. Sedlack said about 2670 ton of bank run gravel – the trucking was provided by the Town – the County did the grading of the gravel

10) the exterior lighting will be on the entrance doors – Mr. Sedlack said they might consider some yards light

 

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11) there will be no lease space for parties or bingo – it will be for a training center and

      equipment storage – the FAA stipulated this could not be used for public events – the

      fire department might have a party but it will not for public use

12) the siren will be cut out altogether and they would use their radio communications or they would like to keep the siren at the current location for the purpose of a major catastrophe to notify the public

13) currently they cannot use this new building as temporary emergency shelter because of the FAA guidelines

14) the FAA will have both required and prohibited lighting

 

Donald Pangborn, North Main St., Ext., Jamestown, NY, stated this property adjoins his property and he has concerns with the siren, his well water and the water run off.  He said most of his concerns had been addressed.

 

Mr. Potter said they were talking about ¼ of an acre of paved surface including the building. The whole area influences .37 acres so there will not be a significant amount of water.  They will put the water back into the property in its natural state and slow it down over the vegetative cover. They will not disturb the woods.  The applicant is not required to do storm water plan until it exceeds one acre for a commercial site and five acres for a residential site.

 

The Board members reviewed the site plan checklist noting:

1)    the storm water management plan is N/A

2)    no outdoor storage

3)    City of Jamestown will provide water and sewer

4)    there is a fire hydrant across the street but they will be adding one in front of the building

5)    they will use the existing sign that is on station II now and will mount it  on the face of the new building – they would be able to have a sign at the entrance to the industrial park

6)    most of the trees will stay

7)    the FAA might require a light – they will come back to the Board if needed

8)    they will go out for bid after they get approval and have the complete plans – then they will need to find funding – they need to notify the FAA by April 2006 – they would need 4 months for the site work and construction of the building

9)    they need the County Planning approval

 

Mr. Woodbury will send the full set of plans to the County Planning Board with a copy of the 7460 and than they will start the process. Attorney asked him to sent the SEQR as well.

 

Motion made by Paul Shanahan, seconded by Phyllis Belin to refer this project to the County

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Planning Board.

 

Carried.                             Ayes – 5                 Noes - 0                     Absent - 2

 

Eric Stawitzky, Senior Forester for Forecon Inc., presented a site plan to perform a modified selection harvest on property behind the Colony Motel owned by Dhan Laxmi, LLC at 620 Fairmount Ave., W.E., Jamestown, NY.

 

Mr. Stawitzky said since the last meeting when they presented a sketch plan to the Planning Board, they have redone the survey and have identified the watercourses and identified the proposed landing site which is right behind the parking lot of the Colony Motel which connects with the existing road that was never completed.

 

Attorney Wright asked Mr. Stawitsky to explain about the property that is marked right-of-way agreement.  Attorney Robert Van Every, attorney for Mr. Patal, said that was a deeded private right-of-way that was modified 20 years ago. They will be cleaning it up and approving what is there.

 

They will utilize the Colony Motel as the main access point for the removal of the trees with access onto Route 394.  Mr. Stawitsky read into the record the harvesting recommendations and guidelines for the Dhan Laxmi, LLC property (See file “Site plan review Dhan Laxmi, LLC”). 

 

Mr. Stawitzky noted:

1)    on the survey there were no watercourses found within the property

2)    their normal contract length is two years -there will be a dry or frozen contingency to the sale and so they can utilize the parking lot -they will push to get it done this winter but the purchaser will have the option in that time frame to work on the project and complete it on a timely fashion when ground conditions permit

3)    they will put up a mini type bid keying on small tractor operators – they cannot dictate horse logging but there are a few people interested

4)    this is not a multi-stage harvest – weather permitting it could be completed in 2 to 3 weeks

5)    they are in there to do a commercial timber to remove commercial viable timber and not just to do a clean-up operation but to make commercially viable timber for the future

6)    they will remove top material up to four inches or anything that can be removed or straight enough to be used for firewood – the remaining balance of the top wood will be left

 

Bob Henshaw, resident of Houston Ave., had concerns about how many trees they plan to take down, if there would be any trucks on the roads, the water run-off and property values.

 

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Mr. Stawitzky said they plan to remove 50% to 60% of the tree volume on the property.  They will remove trees up to the Village of Celoron line.  There will be some areas that will be undisturbed and overall the harvest area will cover about 3 acres. The trucks will come through the Colony Motel.  Tractors will be the only thing utilized within the property itself and nothing will be going down Houston Avenue.  The tractors will be no bigger than farm size tractors. He told the neighbors they do not feel the run-off is as issue because the terrain curves in toward the center of the property and they did not fine any potential for run-off off the property and no erosion consideration. All of the practices that have been discussed such as conditions of harvest and hours of operation are specified in the contract with the bidders.

 

Mike Danielson, resident of Houston Court, asked they would have on site management of the harvest.  Mr. Stawitzky said they would be monitoring the sale from start to finish. Mr. Danielson asked if overall quality of the forest would be improved with selective harvesting timber and  Mr. Stawitzky said that is the plan. 

 

Pat Williams, resident of Rowley Court, had concerns about the water run-off.  There is already a water problem.

 

Mr. Stawitzky said they are working within the Laxmi property on which all terrain heads into the parcel not away from the parcel.  They are not clear-cutting the ground and producing eroded soils. They are removing trees to allow the regeneration process or the renewal of the forest to continue. He said you get more control through smaller material than bigger material and there is no erosion potential with partial harvest of timberland. They are not stripping or taking off the top layer. The lay of the land within the property does not indicate erosion potential or flow of water off the property. There will not be any removal of stumps.  The road already exists. 

 

Paul Shanahan asked if leaving the tops, which is beneficial to fertilize the area, would be beneficial to the run-off issues.  Mr. Stawitszky said it would not have any affect.

 

Mike Mogenhan askws if they would consider leaving material as buffers and lessen the aesthetics of the neighbor’s backyards. Mr. Stawitzky said consideration will be given as far as leaving trees they do not feel they can adequately fell within the ownership itself, so if there are trees in question that are leaning heavily unto someone else’s area or ownership those trees will be dictated for removal. There will be special considerations given to that but if they feel a tree is overly mature or of poor quality and can be easily felled within the ownership it will not be considered for removal. They do feel that the owners of the Laxmi property has rights to remove the trees that are on their property.  That consideration is something they will look at but it will not dictate how they mark the trees.

 

Mike Castiglione, resident of Houston Ave., stated he had hoped that some of the trees that have

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fallen behind his house would be picked up because they have been knocked down during lightening strikes.  He wanted to know what would happen to the trees that are already down. 

 

Mr. Stawitsky said they will evaluate the trees ability to be utilized within the commercial market and it they are not commercially viable they will not be utilized.  

 

Mr. Henshaw asked what the negatives are from this harvest.  Mr. Stawitzky said the negative is that the park like look they have is not going to be there.  They will have a healthy viable forest, which includes a considerable amount of lower material. As far as forest management that area is considered a stagnant poor quality woodlot.  They understand the neighbors concerns about the property but they also understand the dynamics of woodlot and its need for tree removal. 

 

Mr. Henshaw asked about the property values and the water run-off.  He asked what would help the neighbors as far as their concerns and protect them.

 

Mrs. Williams asked if Forecon has cut somewhere else in the area.  Mr. Stawitzky said they could go and see the Falconer Rod and Gun.  He has been with Forecon for 10 years and Forecon has been in business since 1954. They can give endless references.

 

Attorney Wright said the only reason they are before this Board is because they are talking about commercial forestry management on a residential property.  If it were in anything other than a residential zone they would not have to come before this Board. 

 

Tina Pullan, resident of Houston Ave., asked what would be done if the trees are removed and they do have water damage to their homes. She asked what happens to the water that the cut trees would have absorbed.  She also asked if the owner is planning something else for this property. 

 

Attorney Wright explained they would have private causes if action if they get any water damage.  Mr. Stawitzky explained the dynamics of the woodlot after the harvest.

 

Attorney Wright said if they are planning to use the land they will be required to have process but they cannot be prohibited from building.

 

Mr. Henshaw stated that the neighbors appreciated that the trees will be drawn up to Fairmount Ave. and not come down along the side streets.  He still does not know if the number of trees are going to be taken away from one section or will be evenly removed. Mr. Stawitzky said that he could only tell them where there will be limited removal, which is the locust-dominated area. The Colony Motel is interested in removing several trees behind the Motel as a hazard removal. 

 

Katherine Parsons, resident from Houston Ave., asked if they have an approximate number of 

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trees and asked if they could walk with someone and have them tell which trees would be removed.

 

Mr. Stawitzky said he hesitates to say how many trees because they do not really know but when they looked at the property there were between 100 and 125 trees out of the 250 to 300 trees. He would have no issue if they wanted to be around when they marked the trees but the neighbors will have no problem knowing which trees that will be coming down because they mark them with neon paint and have a tracer within the paint.

 

The normal harvest rotation will be 10 to 15 years. They would be looking at a harvest in 10 or 15 years but because of the lack of forest management there would be some time after that  before any further harvests would be done.

 

Attorney Wright said at the sketch plan conference the Board advised the applicant that they would waive the full requirements of the site plan checklist and advised them to bring in:                    1) the survey that was dated 2003 that was provided when they were going to timber this 

              and note on there the sewer line that was not fully noted before

         2) the schedule of hours of cut and describe the method of cut

 

Mr. Swanson said that the integrity of the company was questioned and said Forecon has been in business since 1954. The owner has brought them in to address the issues of the runoff. 

 

Attorney Van Every said he had two comments:

1)    the Board asked them to show any water courses that might exist on the property and the surveyor reflects that he looked for water courses and found none

2)    the other thing is while Mr. Swawitzky kindly invited everyone onto the property he would note that is not an open invitation (even though the owners have never stopped anyone from going on the property) but they are not in the business of inviting people on because if someone gets hurt he does not want that to be an issue

 

Mr. Wright asked if the trees that will be left to die in place would be marked.  Mr. Stawitzky said they would not be marked.

 

Attorney Wright stated this is exempt from SEQR as a type II action under 617.5 C (14), best forest management practices involving less than 10 acres.

 

Mr. Henshaw asked what happens to the right-of-way.  Attorney Wright said nothing happens to that and Mr. Stawitzky stated it would be even more usable.

 

Ms. Williams asked if they they would consider chopping up the tops to make them  more easily degradable.

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Mr. Stawitzky said they do not because it is very expensive and said within one growing year and one winter they will see a drastic change to those tops and within three years they will have  rotted so they would not be useable even for firewood.  Within three to five years you would be able to see the forest floor and everything that is growing in it.

 

Attorney Wright said that the tops provide protection for the seedlings and provide protection from the animals and will allow the air and light to get through. They will actually grow up through the tops and if you ground that material and left it there you would provide a barrier that would prohibit anything from growing up through.

 

Kathy Danielson, resident of Houston court, stated this is a residential neighborhood and they bought their house because of the flavor of the neighborhood and she said they are going to destroy it. It will take 20 years to come back and they will cut again. She also had concerns about losing the noise barrier to their quite neighborhood from Fairmount Avenue.

 

Mr. Swanson said it is perfectly within the owners right to harvest the trees on his property.  It is not the owner’s responsibility to keep the trees so that the neighbors have a good view. If they were going to put up a building or a parking lot they could possibly require a fence. Attorney Wright said they have a right to build on his property with a special use permit.

 

The Board has made sure that the applicant has addressed the issues they thought the neighbors were concerned with such as:

1)    trucks going down Houston Avenue

2)    noise

3)    hours of operation

4)    water runoff

 

Kim Henshaw, resident of Houston Ave., asked if any of those things are not followed such as the hours of operation do they call Mr. Woodbury.  Attorney Wright said if any of the provisions in any site plan are not followed Mr. Woodbury has enforcement power.  Ms. Henshaw asked why the two year window.

 

Mr. Stawizky said what they try to do by the length of the contract is to the have the right weather pattern and ground conditions.  The hope is the whole project will be done in a short time frame but if they dictated it had to be done over the next two to three months they would seriously limit the amount of interested parties.

 

Mr. Swanson said the code enforcement officer would enforce the provisions of the site plan.  There is a performance bond that is required from the bidders.  Forecon has done everything the Board has asked and the neighbors concerns are noted. If they do not do what they say they will

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it is enforceable through the Town.

 

Motion made by Paul Shanahan, seconded by Phyllis Belin to approve the site plan for Forecon, Inc., to perform a modified selection harvest on the property behind the Colony Motel owned by Dhan Laxmi, LLC at 620 Fairmount Ave., W.E., Jamestown, NY.

 

Paul stated that Forecon has complied fully with the requirements that this Board is bound to hold them to. In anticipation with the neighbors concerns the Board has promoted they do the best job they can and he feel they are using integrity with this job.

 

Carried.                       Ayes – 5                       Noes – 0                    Absent – 2

 

Acting Chairman Swanson stamped and dated three sets of site plans.

 

The Board looked at a sketch plan for Brigiotta’s. 

 

Bob Arnone and Rob Black, Habiterra Associates, presented a sketch plan for property on Hunt Road replacing the preexisting and non-conforming retail operation that has been ongoing on this property for years.  The project is a downsizing of the materials and greenhouses from 25,000 SF  It has always been used for retail and has had small operations there for the last few years.  They are hoping to add a frontal to the existing building that remains to be used as a florist shop. 

 

They provided photos of the existing property and said they are in the process of doing demolition. Mr. Arnone explained they are in the process of evaluation.  Once they are done the entire site with the greenhouses, the existing space and the new building will be somewhere just under 13,000 SF. The need at this point is the parking for retail customers. The employees will park in the rear of the site and the deliveries (vans and other smaller vehicles) would go into the existing two overhead doors on the side of the building. 

 

Mr. Tim Galbato told the Board this was the original greenhouse operation. They had purchased this property about 15-17 years ago and it will be in conjunction with the other operations.  They also intend to sell product that the floral designers will design in the back room of this new addition at the Livingston and Fairmount operations.  This would be a retail outlet. 

 

Mr. Woodbury said this is a residential zone and is a pre-existing and non-conforming use. 

 

Attorney Wright said that he thinks this is an issue for the Zoning Board. They need to get a determination as to whether they are allowed to do this under the prior non-conforming use statue or they need a use variance.  They are not allowed to change the structure of the operation or change the building.

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Mr. Woodbury said the applicant needs to look at section 146-63D which is what the zoning Board will look at.

 

Mr. Galbato was told that he needed to apply to the next Zoning Board of Appeals meeting, which will be on January 9, 2006.

 

Motion made by Dave Carlberg, seconded by Mike Mogenhan to adjourn the meeting at 9:22 PM.

 

Carried.                      Ayes-5                      Noes-0                Absent-2

 

 

______________________________________

Valerie Pierce