Motion made by Patricia Martonis, seconded by Steve Peterson to approve the minutes of the November 4, 2015 meeting.

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Milton Woods
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1 (02/10/16) Planning Board Minutes cont. 303 MINUTES OF THE REGULAR MEETING OF THE TOWN OF ELLICOTT PLANNING BOARD HELD AT THE ADMINISTRATION BUILDING, 215 SOUTH WORK STREET, FALCONER, NY ON FEBRUARY 10, 2016 AT 7:00 P.M. PRESENT: Dan Evans, Ron Calanni, Phyllis Belin, Steven Peterson, Richard Benedetto, Patricia Martonis, Attorney William Wright, Code Enforcement Officer Dave Rowe and Secretary Valerie Pierce. ABSENT: Paul Volpe Chairman Evans opened the meeting at 7:00 PM. Motion made by Patricia Martonis, seconded by Steve Peterson to approve the minutes of the November 4, 2015 meeting. Chairman Evans opened the public hearing for Community Eye Care Specialists, 462 Fairmount Ave., Jamestown, NY for a site plan review for an addition consisting of exam rooms, waiting area, reception area and additional parking. Diane Hendrix, RA, addressed the Planning Board: she presented a board with photos and a overview of the project she explained the that the ZBA had approved variances for the overall square footage that includes a one story addition and for the parking lot she said they have tried to address the concerns of the neighbors they had a landscaper look at the site plan he suggested a 6 foot wooden fence that would be stained dark that fence would sit between the row of evergreens ( Virginia creeper will be planted along the fence) - along the other side of the fence they will plant some hostas, daylilies and some ornamental grass they can die off and will come up the next year along Butts Ave. the 6 foot fence will come back to shield the parking area they would continue the Virginia creeper and a couple of mountain paper birch trees he also will put in pyramidal beech trees that grow straight up but have a large spread (up to a 16 feet) they would also shield the parking area that will continue along the building line on Butts Ave. there will be plantings along the building foundation (hostas and more ornamental grasses) that they would not have to worry about during snowplowing the existing driveway will be maintained in the same location lighting will be canopy lights under the covered entries residential lights in the parking lot the will have a couple of residential flood lights there is a sign for people existing the parking lot onto Fairmount Ave. that says exit right there will be no outdoor storage or dumpster Ethelyn Supples, a resident of N. Butts Ave., told the Board that the existing pines are dying off and you can see right through them. Ms. Hendrix stated that they had the

2 (02/10/16) Planning Board Minutes cont. 304 landscaper look at those and they are not dying but need to be trimmed. They are still healthy unless they would fine any disease that they can not see on the surface. Mrs. Supples said they were hoping for a higher hedge which would serve as a noise barrier. Ms. Hendrix told her that they will have a 6 foot fence and there is not room to plant another row of evergreens. Anything that is real tall will kill the existing trees. That is why the landscaper suggested the pyramidal beech trees that will have a tall canopy. Mr. Evans asked Mrs. Wuebbolt what the hours of operation are. Mrs. Wuebbolt told the Board that there are some Saturday hours (from 9 to 2). The normal hours of operation are usually till 5 or 6. David Supples, a resident of N. Hanford, asked if the trees and fence will be maintained. He asked if the neighbors had to call the Town if that does not happen. Attorney Wright explained that with every site plan the applicant has an obligation to maintain it as close to the site plan as they can. However they do need to call the Code Enforcement Officer if they see something that is not in compliance. Mrs. Wuebbolt asked the neighbors to please call them before they contact the Town. Michelle Van Guilder, a resident of N. Hanford across the street from where the parking lot will be located, had concerns about the parking lot lighting. She asked if they could put in some sort of a motion light. Mrs. Wuebbolt stated that the light is on motion after 10 or 11 PM. Attorney Wright asked why the light is on till 10 or 11 PM if the office hours are typically till 5 PM. Mrs. Wuebbolt said that she just set them for that time. She said that the lights in the back could be continually put on motion. Mrs. Van Guilder said that she was concerned about the protection issue. The Board thought that the lights should be on until 9 PM and then go to motion. Ms. Hendrix and Mrs. Wuebbolt reviewed the site plan with the Board and neighbors. They discussed the driveway and the parking. Mr. Rowe had some concerns about the parking lot. He thought that it would be hard to back out of some of the spaces. There was a suggestion to put a compact car only sign but that is not enforceable. The Board continued with the site plan checklist noting: they need the site plans stamped by Ms. Hendrix they have a contour map the lot is pretty flat the Board requested a letter from the engineer concerning the storm water management and that states this is exempted from the storm water management plan the parking will be bituminous surfaced no outdoor storage buildings or dumpster there will be a fence on the east and north sides the fence will be board-on-board dark stained fence utilities will all stay the same fire hydrant is shown on the plans existing sign will remain and there will be a right turn only sign exiting the parking lot onto Fairmount Ave.

3 (02/10/16) Planning Board Minutes cont. 305 the outdoor lighting was not noted on the plans Ms. Hendrix will add those both entrances will have residential style lights there will be two additional motion lights in the parking lot the landscaping and planting schedule was provided construction schedule they hope to start as soon as they can no other permits are required from other governmental bodies Attorney Wright asked Mrs. Wuebbolt what the normal hours of operation are for the record. Mrs. Wuebbolt stated that the normal hours will be from 8 AM to 6PM weekdays and on Saturdays from 9 AM to 3 PM. Mr. Rowe said the Board should address the issue of the attic and if it is being used as an apartment. The minutes from the original site plan stated they may rent out the apartment. Mrs. Wuebbolt stated that there is no apartment on the third floor. Chairman Evans noted that the Board needs: the site plans stamped the sign changed to right turn only coming out of the parking lot onto Fairmount Ave. the security lights shown on the plans the exemption letter from the engineer concerning the storm water Attorney Wright stated that this project is exempt from SEQR as a Type II action as the construction of a nonresidential structure under 4000 SF. Motion made by Steve Peterson, seconded by Phyllis Belin to approve the site plan for Community Eye Care Specialists, 462 Fairmount Ave., Jamestown, NY as presented with the following conditions: the plans be stamped by Ms. Hendrix the turn right only sign be shown on the plans the security lights shown on the plans the letter from the engineer concerning the drainage received by the Code Enforcement Officer It was noted that the Town had received a letter from the Chautauqua County Planning Board stating this project was one of local concern. Chairman Evans opened the public hearing for Colonial Apartments LLC, Prescott Drive, Jamestown, NY, for a site plan review for the construction of two eight family apartment buildings for residential use. Mr. Bill Solak addressed the Board: this is a modification to the original site plan

4 (02/10/16) Planning Board Minutes cont. 306 he did have a smaller copy of the original site plan he told the Board that after reviewing it they decided that the two buildings fit better it is now in compliance and they do not need any variances there will be 8 apartments in each building there will be about the same impervious area with the two buildings then with the original plan Dave found the original site plan and storm water management plan for the Board to review. There were several issues with the original plans concerning the storm water. Mr. Paul Potter will have to review this plan and provide a revision or a letter that states the storm water management plan will handle this new plan. Attorney Wright asked if the existing building was built according to the plans that the Board approved for Mr. Dietrick. Mr. Solak stated that they were. The new buildings (windows, lighting and etc.) will be the same as the existing one except on a smaller scale. Steve asked about the parking since there is more parking than with the original plan. He asked if there would be any additional drains or if it would have to be redirected. Mr. Solak said that would be part of what Mr. Potter would be looking at. The Board discussed the contours on the site plan. The Board agreed that additional parking is a good thing. There was a limited amount of spaces on the original plans. Pat asked what the large mound of dirt was on the site. That was from when Mr. Dietrick started the project and dug the driveway out. The DEC did make him seed it. Mr. Solak said that when a project is being done they stockpile some of the dirt to use in other parts of the site. It should be taken care of when the project is complete. Richard asked if a fence would be required around the pond. Attorney Wright said the plans show a 1 in 3 slope in and a 1 in 3 slope out so it is gradual enough that they do not need a fence. It also is not meant to be a wet pond so it can be maintained and actually mowed. Steve said that because these new apartments are big enough for children the Board might want to reconsider a fence even if there is water in it only when it rains. He did say that the trouble with a fence is then it is hard to maintain within the fence. Mr. Solak told the Board that it would not hold them up if they tabled this until the March meeting. Dan said that the only issue the Board has is the storm water. There are no other permits needed. They are not changing any utilities. There is no change in any outdoor storage.

5 (02/10/16) Planning Board Minutes cont. 307 Since the storm water is such a large issue the Board asked Mr. Solak if they would hold the project up if they tabled this until the March meeting to get the additional information from Paul Potter. Mr. Solak said that it would not. Attorney Wright said he would like the Board to request that Mr. Potter provide new calculations as well as provide a letter to the Board concerning the storm water management plan. Steve asked if there was a landscaping plan. There was one with the original plan and the Board just needs to know that it has not changed. The big landscaping issue then was the row of pine trees towards Ellicott Oakes because of the patios. The dumpster is on the original site plan. Mr. Solak said that the reason it is not fenced is because of it s location but if the Board requires it they can fence it in. Motion made by Pat Martonis, seconded by Steve Peterson to table this application until the March meeting when they will have a revised storm water management plan provided by Paul Potter. The Board discussed the Complete Streets Initiative. Lisa Schmidtfrerick-Miller had made a presentation to the Planning Board at the November meeting. She had appeared before the Town Board in The Board discussed sidewalks. There is the cost of the sidewalks as well as the maintenance. Attorney Wright stated there is also the issue of liability whether they are built on Town property or private property. There are areas of the Town where the sidewalks have been taken out because of the liability. Attorney Wright said that Ms. Schmidtfrerick-Miller had told the Board she had sample legislation but the Town had not received anything from her. The Board agreed that if they were to put in sidewalks you would have to put in continuous sidewalks. Phyllis suggested that if there were major construction on any of the roads come up they could take action then. Dave said that Lisa did present it as sites develop. The Board directed Attorney Wright will tell the Town Board at the next meeting that the Planning Board reviewed this and does not recommend any action at this time. Motion made by Steve Peterson, seconded by Richard Benedetto to adjourn the meeting at 8:45 PM.

6 (02/10/16) Planning Board Minutes cont. 308 Valerie Pierce

2267 N o r t h 1500 W C l i n t o n U T 84015

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