May 13, 1997

MINUTES OF THE REGULAR MEETING OF THE TOWN OF ELLICOTT ZONING BOARD OF APPEALS HELD= AT THE ADMINISTRATION BUILDING, 215 SOUTH WORK STREET, FALCONER, NY 14733 ON FEBRUARY 23, 2009 AT 7:00 PM.

PRESENT:= Chairman Steve Hoglin, Dave Remington, John Merchant, Kathy Hedstrand, Phil Pratt,

= Jean Holton, Attorney William Wright, Code Enforcement Officer =

= Randy Woodbury and Secretary Valerie Pierce

ABSENT: <= /span> Allan Hendricks= on

Chairman Hoglin opened= the meeting at 7:00 PM and led the Board in the Pledge of Allegiance. Secretary Pierce called the roll.<= o:p>

Motion m= ade by Jean Holton, seconded by Dave Remington to approve the minutes of the Septe= mber 29, 2008 meeting.

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

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Chairman Hoglin reopened public hearing for New York RSA No. 3 Cellular Partnership d/b/a= as Verizon Wireless, 500 Orch= ard Rd., W.E., Jamestown, NY, for renewal of a Special Use Permi= t for a wireless cell tower.

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The Planning Board directed Verizon to do comple= te water calculations as if it were a green site (pre and post development wat= er calculations). Their engineer= did calculations and negotiated the fee between the Town and Verizon to have the Town engineer review. The eng= ineers appeared at the Planning Board meeting 2/11/09. The Planning Board determined the = Idlewood water issue was 3% to 10%, exacerbated by the construction of the cell tower and the cell tower road. 90% to 97% was due to under sizing = of the pipe at the bottom of Idle= wood Drive, installed by the Town of Ellicott.

The Planning Board made a recommendation to the Zoning Board that if the items under the permit renewal were acceptable (RF study, engineers structural report, adequate bonding and anything that migh= t be come up at the ZBA meeting) the Board should grant the special use permit.<= span style=3D'mso-spacerun:yes'> The ZBA should obtain:<= /span>

Copy of the County contract between the County and Verizon. The County has maintenance obligation in that contract
Maintenance commitment schedule, if maintenance is not in County contract
Contact information for Verizon and County for Code Enforcement Officer
Commitment to restore drainage that Verizon altered for prior = renewal
Restoration of drainage identified when doing the water calculations
Town is working with Verizon regarding contribution for replacement of pipe the = Town is to replace

Mr. Wright & Verizon’s attorney made t= he decision that Verizon did not have to appear again. Special Use Permit will= be granted upon the Town of Ellic= ott reaching an agreement with Verizon regarding the solution of the drainage problems. <= /p>

The pipe under the County highway should take ten times the water currently going into it. Dave Remington stated that the Hunt Road p= roject was “super-sized”. Mr. Wright said they did not need to run add= itional lines under Hunt Rd.

Downstream neighbors are not satisfied with this solution. The day the Planning Board met there was a lot of water running down to = Hunt Rd but coming down every where= but the Idlewood ditch. Water was coming across the Gerace’s property. Engineers believe the culvert on= Idlewood Drive will resolve the flooding issue of the Geraces and take care of water flow by th= e cell tower.

Randy provided a map of the area and explained t= hat fixing the cross pipes on the driveway to the cell tower will help drainage. Engineers agree the= re are four solutions to the flooding at Idlewood and Hunt. The Planning Board agreed with Mr.= Tolman that alternative # 4 would be done. Upgrade the existing closed drainage sy= stem on Idlewood and Hunt Road<= /st1:address> (not including the Hunt Rd= culvert) and improve the closed drainage system pipe inlet to avoid reduced inlet capacity from trash blockage. The Highway Superintendent requested a contribution of $5,000 from Verizon to help pay for that. The conditions put on that payment= will be reviewed by the Town Board. Gerace’s water problem can be fixed with the larger pipe and automatic debris collec= tion uphill.

This renewal is exempt from SEQR since Verizon w= ill be doing remedial work on what they have already done and has been approved= by SEQR.

John Merchant asked if all the other criteria ha= ve been met. The drainage criter= ia was met last September.

Secretary Pierce stated there was no other correspondence received by the Town.

Jean Holton asked if there was a time frame for conditions to be met. There w= as not because the Special Use Permit is not renewed until conditions are met. They are without a Special Use Per= mit. They are in the process of working= out these issues. This is a chron= ic problem going back to the initial construction of the tower. The ZBA and Planning Board worked with Verizon to come to an agreement to what the prob= lem and the solution is.

Motion m= ade by Jean Holton, seconded by Kathy Hedstrand to approve of the renewal of the S= pecial Use Permit for New York RSA # 3 Cellular Partnership d/b/a Verizon Wireless, 500 Orchard Rd., W.E., Jamestown, NY 14701 with the following conditions:

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· Receipt of a County co= ntract between Chautauqua County and Verizon.= If the County is not required by t= hat contract to maintain the roadway, including the drainage, then have Verizon commit to a maintenance schedule for the roadway with drainage improvements=

· Receipt of contact information for Verizon maintenance and County maintenance, so the Town can respond in reasonable time

· Repair of the existing= back to their design criteria

· Agreement between Town= of Ellicott and Veri= zon to install new pipe and contribution by Verizon

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Randy Woodbury asked for a clarification of the length of the permit. The per= mit was due July of 2008 it will be renewed through July 2010.

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

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Motion m= ade by John Merchant, seconded by Jean Holton to adjourn the meeting at 7:20 PM.

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&sh= y;________= _________________________

Valerie Pierce, Secretary

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