CATTARAUGUS COUNTY PLANNING BOARD 303 Court Street, Little Valley, New York (716) Fax (716) Web Page:

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1 CATTARAUGUS COUNTY PLANNING BOARD 303 Court Street, Little Valley, New York (716) Fax (716) Web Page: Board Officers Charles W. Couture Chairman Paul D. Mager Vice Chairman Ann Padlo Secretary Michael Zaprowski Assistant Secretary Board Members Tina J. Abrams Kameron Brooks Florence J. Fuller Richard P. Fuller Robert C. Keis David L. McCoy Joseph T. Pillittere Mark Smith James Valent Cattaraugus County Planning Board Cattaraugus County Center, Little Valley, NY 7:00 pm PLANNING BOARD MEMBERS PRESENT: PLANNING BOARD MEMBERS ABSENT: Paul Mager, Vice Chairman Michael Zaprowski, Assist. Sec Tina Abrams Kameron Brooks Florence Fuller Robert Keis David McCoy Joseph Pillittere James Valent Charles Couture, Chairman Ann Padlo, Secretary Richard Fuller Mark Smith PLANNING DIVISION STAFF: Crystal Abers, Director Paul Bishop, Senior Planner James Isaacson, Senior Planner Margaret Puszcz, Keyboard Specialist GUESTS: Howard VanRensselear, Chair Development & Ag Committee James Boser, Vice Chair Development & Ag Committee William Sprague, Developer Ellicottville Project Vice Chairman Mager called the meeting to order at 7:01 pm. APPROVAL OF MINUTES Joseph Pillittere moved with a second from Florence Fuller to approve the minutes of the December 8, 2011 meeting as submitted. Carried. NEW BUSINESS General Municipal Law Section 239 (l) & (m) Referrals Town of East Otto Special Use Permit 7272 A Mill Valley Road Paul Bishop reported that the Town of East Otto Planning Board has referred a Special Use Permit request to build a cabin at 7272 A Mill Valley Road. Upon review of the referral, he noted three issues: 1) the Town Planning Board voted to approve a zoning change, which they cannot do, only the Town

2 Cattaraugus County Planning Board 2 Board has this authority; 2) the Town Planning Board approved the Special Use Permit prior to referring it to the County Planning Board and 3) it appears that the proposed building would be constructed on the neighbor s property, not the applicant s property. Therefore staff recommendation is to return the referral to the Town Planning Board as incomplete and to inform them of these issues. Kameron Brooks moved with a second from Joseph Pillittere to return the Town of East Otto Planning Board s referred Special Use Permit request as incomplete with an accompanying letter of explanation. Carried. Town of Allegany Special Use Permit/Site Plan Review Amendments Giardini Brothers Gravel Mine East and West Side of Gargoyle Road Paul Bishop reported that the Town of Allegany Planning Board has referred an amendment to their previous Special Use Permit and Site Plan Review approvals to change the hours of operation of the Giardini Brothers Gravel Mine at East and West Side of Gargoyle Road (Tax Map Nos , , ). The current hours are 6:00 am to 6:00 pm Monday through Friday and 6:00 am to 2:00 pm on Saturdays during May through October and from 8:00 am to 4:30 pm on Mondays through Saturdays during November through April. No mining is allowed on Sundays or New Years Day, Memorial Day, July 4th, Labor Day, Thanksgiving and Christmas. The change requested is to extend the operating hours for November through April so that they are the same as the operating hours for the rest of the year. A public hearing is scheduled for February 13, Staff recommendation is approval. Bill and Dave Giardini told the Planning Board that the reason for the request to change the hours are that in the winter months the Towns start at 6:00 am and they are receiving telephone calls requesting sand, therefore, they would like to change their hours so that they can accommodate these calls. Joseph Pillittere moved with a second from James Valent to approve the Town of Allegany Planning Board s referred amendment to the Special Use Permit/Site Plan Review approvals to change the hours of operation of the Giardini Brothers Gravel Mine at East and West Site of Gargoyle road. Carried. Town of Allegany Site Plan Review New School of Business St. Bonaventure University Paul Bishop reported that the Town of Allegany Planning Board has referred a Site Plan Review for a new School of Business at St. Bonaventure University, Route 417, Allegany (Tax Map Nos ). The applicant wishes to construct a new two-story, 26,000 square foot School of Business building. The estimated cost of construction is $7.9 million, supported entirely by private funds. The tentative schedule to begin construction is in the spring of 2012 with an expected completion of early The placement of this building will create a new "quad" on the campus that will enhance the University's commitment to becoming more pedestrian friendly. The building will feature a financial services lab, a corporate boardroom simulator, state-of-the-art classrooms, breakout areas, spaces for student collaboration and team building, vibrant space for faculty research, and a commitment to sustainability. The main exterior of the building is brick and the University's iconic terra cotta tile roofing will be used for the entry pavilion. The proposed Business Center will ensure that St. Bonaventure remains competitive and the top choice for students seeking an extraordinary business education shaped by

3 Cattaraugus County Planning Board 3 Franciscan ideals. This is an Unlisted Action under SEQR with a Full EAF Completed and a Negative Declaration. A public hearing has not yet been scheduled. Staff recommendation is approval. Kameron Brooks moved with a second from Robert Keis to approve the Town of Allegany Planning Board s referred Site Plan Review for a new School of Business at St. Bonaventure University, Route 417, Allegany. Carried. Village of Ellicottville - Zoning Text Amendment Zoning Map Amendments 9 E. Washington Street and Elizabeth Street James Isaacson reported that the Village of Ellicottville has referred one Zoning Text Amendment and two Zoning Map Amendments. The text amendments to the zoning ordinance are minor. They are differentiating between accessory uses and accessory buildings. They are eliminating the home retail and service trade from most districts. They are jostling the retail commercial and service commercial categories and the districts in which they are permitted and they are creating a new section on demolition of buildings in the Village Residential (VR) District. They are creating a New Village Commercial 3 District (VC-3). It is being created specifically for the redevelopment of the former Larimer & Norton bat factory that manufactured Louisville Slugger bats on Elizabeth Street. It provides for businesses not traditionally located in the other commercial districts. However, the uses listed can be found in other commercial districts (low intensity retail; professional offices; apartments; construction related retail; light industrial; indoor recreation; youth centers; daycare; and restaurants). Last March, this Board approved the rezoning of this property from Industrial to Medium Density because it was consistent with the Comprehensive Pan. This rezoning is for the building only, not the entire property. Vehicular access will only be from Fillmore Drive. Architectural Design Review and Site Plan Review would be required in most instances. No drive-through establishments will be allowed. The Village s Comprehensive Plan on Page 35 under C. Commercial sets out the goals and objectives of the plan as it relates to commercial development. Everything there focuses on the downtown. On Page 40 under C. Village Commercial District addresses the Comprehensive Plan Map and the Village Commercial Districts. It confines the districts to the central business district. The plan does not seek additional areas for commercial expansion, stated that the existing commercial District already allows room for expansion that presently is not utilized, adding that an expanded district may lead to vacancies in the Central Business District. Commercial expansion should limit its infringement into the existing residential neighborhoods. Staff recommendation is disapproval of the zoning text amendment that creates the VC-3 District for the redevelopment of the former bat factory on Elizabeth Street, because it is not consistent with the 2004 Comprehensive Plan. Other changes to the text do not materially conflict with the Plan. William Sprague, developer stated that he started in October, working with the Village Board, Planning Board and Building Inspector on this project. They have gone over all aspects of this project. He is hoping to create upwards of jobs with this project.

4 Cattaraugus County Planning Board 4 Zoning Text Amendment Upon considerable discussion, Robert Keis moved with a second from Michael Zaprowski to approve the Village of Ellicottville s referred Zoning Text Amendment to their Zoning Ordinance with an advisory that the Village update their Comprehensive Plan prior to rezoning. Carried. Rezoning of Elizabeth Street James Isaacson reported that the proposal is to rezone 8.8 acres of land around the former bat factory form MD Residential to VC-3 Commercial. Staff recommendation, based on prior discussion, is approval with the advisory that the Village update their Comprehensive Plan prior to rezoning. Kameron Brooks moved with a second form James Valent that the Village of Ellicottville s referred rezoning of Elizabeth Street from MD Residential to VC-3 Commercial be approved with the advisory that the Village update their Comprehensive Plan prior to rezoning. Carried. Rezoning of 9 E. Washington Street James Isaacson reported that the proposal is to rezone the rear portion of a residential lot on Washington Street to VC-1. The lot currently has a residence on the front portion of the property. Only the rear of the lot is proposed for the change. This is consistent with the Comprehensive Plan because it maintains the residential character along Washington Street. This is part of a proposed mixed use redevelopment of the vacant commercial site at 1-5 E. Washington Street. Staff recommendation is local issue, no countywide or intercommunity impacts. Michael Zaprowski moved with a second from Robert Keis that the Village of Ellicottville s referred rezoning of 9 E. Washington Street from residential to VC-1 is a local issue with no countywide or intercommunity impacts. Carried. Environmental Review NYSDEC Giardini Brothers Gravel Pit Town of Allegany East and West of Gargoyle Road Paul Bishop reported that the NYSDEC has received a request from the Giardini Brothers Gravel Pit in the Town of Allegany to modify the Facility s Active Mined Land Use Plan with a change in hours of operation. The issue with noise was addressed...dec felt that since the additional hours were in November through April, that most houses would have windows and doors closed so the additional hours of noise would not be significant. If another haul road is required in the future, then a further noise assessment would be required. NYS DEC acted as SEQR Lead Agency on this Unlisted Action and issued a Negative Declaration. Staff recommendation is that the County Planning Board, as an interested agency, has no objections/comments concerning the proposed change in hours of operation. Florence Fuller moved with a second from Tina Abrams that the County Planning Board, as an interested agency, has no objections/comments concerning the proposed change in hours of operation at the Giardini Brothers Gravel Pit in the Town of Allegany. Carried.

5 Cattaraugus County Planning Board 5 Intergovernmental Reviews Paul Bishop reported that Intergovernmental Reviews numbered STW# and STW# through STW# have been received. Staff recommendation is received, reviewed, no comment. The Board concurred. OLD BUSINESS None REPORTS/OTHER BUSINESS Chairman s Report None Report of Nomination Committee and Election of Officers Florence Fuller reported that she had contacted each of the current officers and they all wish to continue in their present position. She would therefore nominate Charles Couture, Chairman; Paul Mager, Vice Chairman; Ann Padlo, Secretary and Michael Zaprowski, Assistant Secretary. Robert Keis moved with a second from Kameron Brooks that the nominations be closed and that the Assistant Secretary cast one ballot to elect Charles Couture, Chairman; Paul Mager, Vice Chairman; Ann Padlo, Secretary and Michael Zaprowski, Assistant Secretary. Carried. Department Reports Crystal Abers reported on the following: 2012 Activities Guide Distributed copies of the 2012 Activities Guide. She stated that additional ads had been sold this year so that a graphic designer and writer were hired to help with the guide. Snowmobile Trails Due to the mild winter that we have been having, the Snowmobile Trails have been closed more than they have been open. Amish GeoTrail The Amish GeoTrail has been a huge success. It has far exceeded the Enchanted Mountains GeoTrail. We have been making the Amish GeoTrail buttons in house 1,455 have been made so far. We are planning a Phase 2 of the Amish GeoTrail. Economic Development Team The Economic Development Team has been meeting biweekly and is gaining recognition. Banks and other entities are contacting the Team to come and present to them. Hazard Mitigation Plan Mrs. Abers has been working with the Department of Public Works and Emergency Services to update the Hazard Mitigation Plan. Small Business Outreach Plan The Department has started a Small Business Outreach Program. During the past 2 months several people have taken advantage of this program. Farmer Neighbor Dinner The Agricultural and Farmland Protection Board, along with the Department, Farm Bureau, Soil and Water Conservation District and Southern Tier West will be hosting a Farmer-Neighbor Dinner on April 25 th at the St. Paul s Lutheran Church in Ellicottville.

6 Cattaraugus County Planning Board 6 Regional Council The Council is currently working on a 5 year plan. The 6 billion dollars made available to the Region is not just for Buffalo. It will be distributed throughout the region. Route 219 Bridge Closing The two counties (Cattaraugus and Erie) have been working with Senator Young and NYSDOT to get the bridge repaired and opened as soon as possible. The businesses along this closed section of road are hurting economically. Agricultural and Farmland Protection Board Paul Bishop reported that the Board is actively working on the Farmer-Neighbor Dinner as reported by Crystal. The Annual 30-day Inclusion Period for requesting that an agricultural parcel be included into an Agricultural District is now open (January 2-31). There have been 2-4 requested this year. County Comprehensive Plan James Isaacson stated that he had contacted the Buffalo State College concerning helping with the facilitation of meetings for the Comprehensive Plan. They are willing to work with us on meeting facilitation with a grad student who had worked with the Regional Council. The grad student wants to meet with the Planning Board next month. Other Paul Bishop reported that some of the other projects he has been involved in the past month include Southern Tier West s Local Foods Initiative, a Watershed project, and Community Transportation Coalition. He also reported that he and James met with the Town of Napoli concerning the creation of a Comprehensive Plan and Zoning Ordinance. The Department as a whole met with Ginger Malak from Southern Tier West on ARC grants. Crystal Abers noted that she is working with STW on the Lake Erie Watershed Protection Alliance (LEWPA). STW Report Robert Keis reported that the ARC 2012 funding will be the same as He also reported that STW has received a $48,795 grant for Electronic Records Storage which will help 3 schools with the storing of historical records. STW is also continuing to work on the Local Foods program. Other ongoing STW programs are: Broadband Initiative; Watershed Planning, Local Government Assistance; Roads Scoring Program; Websites and Records/Management; and STEDO which is assistance to small businesses. Mr. Keis also noted that the STW Annual Planning and Zoning Conference will be May 9 th at Houghton College. Members Forum Joseph Pillittere noted that the County is saving money on salt and sand this year due to the mild winter. He also stated that he has received lots of calls concerning the closing of the old Route 219 bridge. He also received a letter from the West Valley Chamber of Commerce concerning signage at the Peters Road exit to West Valley. Florence Fuller reported that the old school house in Limestone, which is now owned by the Town of Carrollton is full with businesses.

7 Cattaraugus County Planning Board 7 Kameron Brooks reported that the Pat McGee trail is still up for sale. The Cattaraugus LDC would like to concentrate all their efforts and funds to the Zaepfel Nature Sanctuary and Research Center in Napoli. Robert Keis announced that the Town of Mansfield has appointed Margaret Puszcz as Chairman of the Town of Mansfield Planning Board. CORRESPONDENCE The following correspondence was received and reviewed: Town of Perrysburg Special Use Permit for installation of one 3 diameter microwave antenna at a height of 174 ACE on existing 187 wireless telecommunication tower NYS Rt. 39 granted January 2, Town of Dayton ZBA Special Use Permit to mine gravel in the 100-year floodplain on a portion of property at Wolfe Road permit denied November 1, Village of Ellicottville ZBA Use Variance - HoliMont Greer Hill Ski Lift Extension - 36 Adams Street/6921 Rt 242 denied on December 16, Town of Yorkshire ZBA Use Variance Verizon Wireless telecommunications tower at West Yorkshire Road granted with condition on December 19, City of Salamanca Zoning Law Amendment to change the Use District Classification of five Broad Street properties from R1 (single family residential) to B2 general commercial adopted on December 14, Town of Allegany Comprehensive Plan adopted December 29, NEXT MEETING February 23, 2012 ADJOURNMENT Michael Zaprowski moved with a second from Florence Fuller to adjourn the meeting at 8:40 pm. Carried. APPROVED AS CORRECTED FEBRUARY 23, 2012 Corrections: Page 1 Move Mark Smith from the Members Present list to the Members Absent list; Page 4 1 st paragraph, second line delete the words with an advisory and in the 3 rd line delete the period after the word Ordinance and the words The advisory is and insert the words with an advisory.