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Planning Board Meeting Minutes for July 27, 2006 - Cattaraugus ...

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<strong>Cattaraugus</strong> County <strong>Planning</strong> <strong>Board</strong><br />

Onoville Marina Park<br />

Onoville, NY<br />

<strong>July</strong> <strong>27</strong>, <strong>2006</strong><br />

PLANNING BOARD MEMBERS PRESENT: William E. Sprague, Chairman<br />

Paul Mager, Vice Chairman<br />

Ann Padlo, Secretary<br />

Tina Abrams<br />

Jack Berger<br />

Kameron Brooks<br />

Richard Fuller<br />

David McCoy<br />

David Rivet<br />

Michael Zaprowski<br />

PLANNING BOARD MEMBERS ABSENT: Charles Couture, Assist. Sec<br />

Florence Fuller<br />

Robert Keis<br />

PLANNING DIVISION STAFF: Thomas M. Livak, Director<br />

James H. Isaacson, Senior Planner<br />

Christopher G. Craw<strong>for</strong>d, Senior Planner<br />

Paul R. Bishop, Planner<br />

Margaret E. Puszcz, Stenographic Secretary<br />

GUESTS: Crystal Abers, Chairman County Legislature<br />

Charles Krause, County Legislator<br />

Joan Petzen, Chairman Ag & Farmland Protection <strong>Board</strong><br />

Hildagarde Krause<br />

James Puszcz<br />

Chairman Sprague called the meeting to order at 7:00 p.m. and welcomed everyone to the<br />

meeting. He introduced Jeff Davis, Recreation Manager of Onoville Marina.<br />

UPDATE ON ONOVILLE MARINA<br />

Mr. Davis updated the <strong>Board</strong> members on the Onoville Marina. He indicated that the last<br />

remaining dock from the 70’s will be replaced in the near future. He stated that over the<br />

past two years, the camping areas have been upgraded. All sites now have 30 AMP power<br />

and new water lines were installed. The west camping area sites were reconfigured <strong>for</strong><br />

better use of the area. Mr. Davis also stated that in order to keep people coming <strong>for</strong><br />

boating purposes, they have kept the mark up on fuel at a minimum. They have also<br />

discontinued the acceptance of credit cards <strong>for</strong> fuel. Mr. Davis also indicated that they<br />

have increased marketing ef<strong>for</strong>ts by helping to staff travel shows in conjunction with the<br />

Economic Development, <strong>Planning</strong> and Tourism Department. The EDP&T Department has<br />

created a brochure <strong>for</strong> the Marina and the back page of the County’s Travel Guide is on the<br />

Marina.


<strong>Cattaraugus</strong> County <strong>Planning</strong> <strong>Board</strong> 2<br />

<strong>July</strong> <strong>27</strong>, <strong>2006</strong><br />

APPROVAL OF MINUTES<br />

Ann Padlo moved with a second from Richard Fuller to approve the June 29, <strong>2006</strong> meeting<br />

minutes as submitted. Carried.<br />

NEW BUSINESS<br />

General Municipal Law Section 239 (l) & (m) Referrals<br />

Town of East Otto – Special Use Permit – 9423 East otto Springville Road<br />

James Issaacson reported that the Town of East Otto <strong>Planning</strong> <strong>Board</strong> has referred a<br />

Special Use Permit to operate a retail crafts business at 9423 East Otto-Springville Road<br />

(County Road 12). The business will be located in an existing milk house that is<br />

approximately 250 square feet. A sign will be erected outside. A SEQR EAF has been<br />

completed with no significant environmental impacts determined. An Agricultural Data<br />

Statement was submitted. A public hearing was held on <strong>July</strong> 6, <strong>2006</strong> with comments in<br />

favor of the project. Staff recommendation is local issue, no significant countywide or<br />

inter-municipal impacts identified.<br />

Paul Mager moved with a second from Tina Abrams that the Town of East Otto <strong>Planning</strong><br />

<strong>Board</strong>’s referred Special Use permit to operate a retail crafts business at 9423 East Otto-<br />

Springville Road (County Road 12) is a local issue, with no significant countywide or intermunicipal<br />

impacts identified. Carried.<br />

nd<br />

Village of Little Valley – Variance – 106 2 Street<br />

Paul Bishop reported that the Village of Little Valley has referred an area variance to<br />

construct a 5’ x 5’ porch on the front of 106 2 nd Street (Tax Map No. 54.072-2-10). The<br />

Zoning Ordinance requires a minimum set back of 25’. The resulting set back would be<br />

15’. Other houses on the block currently already have porches similar to what this one will<br />

be after construction. SEQR is not required. A Public Hearing has not been scheduled.<br />

Staff recommendation is approval.<br />

Michael Zaprowski moved with a second from Kameron Brooks to approve the referred<br />

Village of Little Valley area variance to construct a 5’ x 5’ porch on the front of 106 2 nd<br />

Street. Carried.<br />

Town of Great Valley – Site Plan Review – 5384 Route 219 and 5076 Route 219<br />

James Isaacson reported that the Town of Great Valley has referred a Site Plan Review <strong>for</strong><br />

the construction of two billboard signs at 5384 Route 219 (Tax Map No. 56.003-1-<strong>27</strong>.2 and<br />

5076 Route 219 (Tax Map No. 65.013-1-8). Each billboard sign will be 8’x16’ in size. One<br />

billboard will be stacked (one on top of another); the other one will be double-sided. One is<br />

just south of the Andera farm, located on a 0.39-acre lot. The lot already has a mobile<br />

home on it. The proposed billboard would be located in the driveway. The owner has<br />

mentioned removing the mobile home, in which there is no problem. However, if it stays,<br />

there may be a visibility issue along Route 219 with a vehicle backing out of this driveway.


<strong>Cattaraugus</strong> County <strong>Planning</strong> <strong>Board</strong> 3<br />

<strong>July</strong> <strong>27</strong>, <strong>2006</strong><br />

The other billboard is located on a vacant lot near the intersection of Route 219 and Route<br />

98 and located entirely within a floodplain, but would not have any impact on the floodplain.<br />

No SEQR determination has been made. An Ag Data Statement has been received. A<br />

public hearing was held on <strong>July</strong> 12, <strong>2006</strong>. Staff recommendation is approval with the<br />

advisory that if the mobile home remains on the Mowery property, that the Town address<br />

any visibility concerns with traffic ingress and egress from the property.<br />

Considerable discussion concerning the property with the mobile home.<br />

Michael Zaprowski moved with a second from Richard Fuller to approve with an advisory<br />

the referred Town of Great Valley Site Plan Review <strong>for</strong> construction of two billboard signs<br />

at 5384 Route 219 and 5076 Route 219. The advisory being that if the mobile home<br />

remains on the Mowery property, that the Town address any visibility concerns with traffic<br />

ingress and egress from the property. Carried.<br />

Village of Ellicottville – Use Variance – 8-10 Washington Street<br />

Chris Craw<strong>for</strong>d reported that the Village of Ellicottville Zoning <strong>Board</strong> of Appeals has<br />

referred a Use Variance request to allow <strong>for</strong> a multi-dwelling use of the 2 nd and 3 rd floors of<br />

the Ellicottville Inn at 8-10 Washington Street (Tax Map No. 55.035-3-48). Review<br />

consisted of examination of the Village Comprehensive Plan and Zoning Ordinance,<br />

Volume 3 of the County’s Guidebook series and the applicant submitted documents. This<br />

is an unlisted action under SEQR. If municipal approval is granted, a short EAF will be<br />

required to determine significance. A public hearing is scheduled <strong>for</strong> August 1 st at the<br />

Villager/Town Hall. Staff recommendation is that the proposed action has no significant<br />

countywide or inter-community impact. The general concept of 2 nd and 3 rd floor residential<br />

is consistent with the County’s <strong>Planning</strong> and Design Guidebooks.<br />

David Rivet moved with a second from Paul Mager that the referred Village of Ellicottville<br />

Zoning <strong>Board</strong> of Appeals Use variance request to allow <strong>for</strong> a multi-dwelling use of the 2 nd<br />

and 3 rd floors of the Ellicottville Inn at 8-10 Washington Street will have no significant<br />

countywide or inter-community impact and that the general concept of 2 nd and 3 rd floor<br />

residential is consistent with the County’s <strong>Planning</strong> and Design Guidebooks. Carried.<br />

Village of Ellicottville – Special Use Permit – 12 Washington Street<br />

Paul Bishop reported that the Village of Ellicottville <strong>Planning</strong> <strong>Board</strong> has referred a Special<br />

Use Permit request to change the use of 12 Washington Street (Tax Map No. 55.035-3-47)<br />

from a retail establishment to a real estate office. This type of use is allowed in the Village<br />

Commercial 1 district by approval of the Village <strong>Planning</strong> <strong>Board</strong>. SEQR is being<br />

addressed. A public hearing was held on <strong>July</strong> 11, <strong>2006</strong>. Staff recommendation is no<br />

significant countywide or intercommunity impact.<br />

Ann Padlo moved with a second from David McCoy that the referred Village of Ellicottville<br />

<strong>Planning</strong> <strong>Board</strong> Special Use Permit request to change the use of 12 Washington Street<br />

from a retail establishment to a real estate office will have no significant countywide or<br />

intercommunity impact. Carried.


<strong>Cattaraugus</strong> County <strong>Planning</strong> <strong>Board</strong> 4<br />

<strong>July</strong> <strong>27</strong>, <strong>2006</strong><br />

Village of Ellicottville – Area Variance – 19 E. Washington Street<br />

James Isaacson reported that the Village of Ellicottville Zoning <strong>Board</strong> of Appeals has<br />

referred an Area Variance request <strong>for</strong> 19 E. Washington Street (Tax Map No. 55.036-1-29)<br />

to construct an addition to a deck on the rear of a single-family home. A side lot line<br />

variance is needed to construct the deck addition, which will be no closer to the side<br />

property line than the existing deck. The parcel is entirely within a 100-year floodplain.<br />

This is a Type 2 Action under SEQR with no determination made to date. A Public Hearing<br />

will be held on August 1, <strong>2006</strong>. Staff recommendation is local issue, with no significant<br />

countywide or inter-municipal impacts.<br />

Tina Abrams moved with a second from Richard Fuller that the referred Village of<br />

Ellicottville Zoning <strong>Board</strong> of Appeals Area Variance request <strong>for</strong> 19 E. Washington Street to<br />

construct an addition to a deck on the rear of a single-family home is a local issue, with no<br />

significant countywide or inter-municipal impacts. Carried.<br />

Village of Ellicottville – Area Variance – 2 Greer Hill Road<br />

Chris Craw<strong>for</strong>d reported that the Village of Ellicottville Zoning <strong>Board</strong> of Appeals has<br />

referred an Area Variance request <strong>for</strong> 2 Greer Hill Road (Tax Map No. 55.043-1-2.40) <strong>for</strong><br />

construction of a deck attached to an existing residence. His review consisted of<br />

examination of the Village Comprehensive Plan and Zoning Ordinance and Vol. 3 of the<br />

Guidebook series and applicant submitted documents. This is a Type II Action under<br />

SEQR and does not require review. A public hearing will be held on August 1 , <strong>2006</strong>. Staff<br />

recommendation is that the proposed action has no significant countywide or intercommunity<br />

impact.<br />

Paul Mager moved with a second from David Rivet that the referred Village of Ellicottville<br />

Zoning <strong>Board</strong> of Appeals Area Variance request <strong>for</strong> 2 Greer Hill Road <strong>for</strong> construction of a<br />

deck attached to an existing residence will have no significant countywide or intercommunity<br />

impact. Carried.<br />

Town of Little Valley – Special Use Permit – 8191 Route 242<br />

Chris Craw<strong>for</strong>d reported that the Town of Little Valley <strong>Planning</strong> <strong>Board</strong> has referred a<br />

Special Use Permit <strong>for</strong> the installation of an event sign on wooden poles at 8191 Route 242<br />

(Tax Map No. 54.004-1-9.2). This sign would be <strong>for</strong> the purpose of announcing events that<br />

are associated with the Little Valley Rider’s Club and would be 45’ away from the road. It<br />

would be 8’ x 4’ and stand 10’ high. His review consisted of examination of the Town<br />

Zoning Ordinance, Vol. 2 of the Guidebook series and applicant submitted documents. The<br />

Town Zoning Ordinance is quite comprehensive in regulating signage, however, page 12 of<br />

Volume 2 of the County’s Guidebook Series provides some additional guidance. This is a<br />

Type II action under SEQR and does not require a review. A public hearing was held on<br />

June 26, <strong>2006</strong>. Staff recommendation is approval with two advisories: 1) The Town<br />

<strong>Planning</strong> <strong>Board</strong> should request that sign specifications and drawings be submitted to the<br />

Town <strong>Planning</strong> <strong>Board</strong> be<strong>for</strong>e approval of the sign, and 2) The Town <strong>Planning</strong> <strong>Board</strong> should<br />

review page 12 of Volume 2 of the County’s Guidebook series, which may provide<br />

additional guidance.


<strong>Cattaraugus</strong> County <strong>Planning</strong> <strong>Board</strong> 5<br />

<strong>July</strong> <strong>27</strong>, <strong>2006</strong><br />

Kameron Brooks moved with a second from Ann Padlo that the referred Town of Little<br />

Valley <strong>Planning</strong> <strong>Board</strong> Special Use Permit <strong>for</strong> the installation of an event sign on wooden<br />

poles at 8191 Route 242 be approved with two advisories: 1) The Town <strong>Planning</strong> <strong>Board</strong><br />

should request that sign specifications and drawings be submitted to the Town <strong>Planning</strong><br />

<strong>Board</strong> be<strong>for</strong>e approval of the sign, and 2) The Town <strong>Planning</strong> <strong>Board</strong> should review page 12<br />

of Volume 2 of the County’s Guidebook series, which may provide additional guidance.<br />

Carried.<br />

Town of Allegany – SEQR/Special Use Permit/Site Plan Review/Area Variances –<br />

3242 NYS Route 417 – Dunkin’ Donuts<br />

Chris Craw<strong>for</strong>d reported that the Town of Allegany <strong>Planning</strong> <strong>Board</strong> and Zoning <strong>Board</strong> of<br />

Appeals has referred a request <strong>for</strong> the construction of a Dunkin’ Donuts Restaurant with<br />

Drive-through window at 3242 NYS Route 471 (Tax Map No. 94.061-1-41). This request is<br />

<strong>for</strong> SEQR Lead Agency Status, Special Use Permit and Site Plan Review from the Town<br />

<strong>Planning</strong> <strong>Board</strong> and two area variances <strong>for</strong> rear and side yard setbacks from the Town<br />

Zoning <strong>Board</strong> of Appeals.<br />

SEQR Lead Agency Status – Mr. Craw<strong>for</strong>d stated that his recommendation would be no<br />

objection to the Town of Allegany <strong>Planning</strong> <strong>Board</strong> serving as Lead Agency <strong>for</strong> the purpose<br />

of conducting an environmental review of the proposed Dunkin’ Donuts pursuant to Part<br />

617.6 (b) of the NYS Environmental Quality Review Act.<br />

David McCoy moved with a second from Michael Zaprowski that the County <strong>Planning</strong><br />

<strong>Board</strong> would have no objection to the Town of Allegany <strong>Planning</strong> <strong>Board</strong> serving as Lead<br />

Agency <strong>for</strong> the purpose of conducting an environmental review of the proposed Dunkin’<br />

Donuts pursuant to Part 617.6 (b) of the NYS Environmental Quality Review Act. Carried.<br />

Special Use Permit/Site Plan Review/Area Variances – Mr. Craw<strong>for</strong>d stated that his<br />

review consisted of examination of the Town Zoning Ordinance, Vol. 2 of the Guidebook<br />

series and applicant submitted documents (site plan, drainage study an storm sewer plan).<br />

He found that the drainage calculations and plan appear complete and adequate, however<br />

the lot seems small <strong>for</strong> the proposed development. Also there could possibly be an impact<br />

on traffic on Route 417 from the backup of cars going through the drive thru. The project<br />

proponent also owns the Microtel, and the restaurant will share the existing driveway that<br />

provides access to the Microtel parking lot. The existing driveway on Route 417 that<br />

serves the lot will be abandoned. Pedestrian access will be provided from Route 417 to the<br />

restaurant. The two area variances from the Zoning <strong>Board</strong> of Appeals are <strong>for</strong> rear and side<br />

yard setbacks.<br />

Staff recommendation is approval with two advisories: 1) the Town should request an<br />

alternative site plan <strong>for</strong> examination with the primary structure rotated 90° clockwise, which<br />

would be consistent with Volume 2 of the County’s Guidebooks Series, and 2) strongly<br />

suggest that the Town require the architectural style to be compatible with St. Bonaventure<br />

University buildings just across the street.<br />

Upon discussion, Paul Mager moved with a second from Michael Zaprowski that the<br />

referred Town of Allegany <strong>Planning</strong> <strong>Board</strong> and Zoning <strong>Board</strong> of Appeals Special use


<strong>Cattaraugus</strong> County <strong>Planning</strong> <strong>Board</strong> 6<br />

<strong>July</strong> <strong>27</strong>, <strong>2006</strong><br />

Permits/Site Plan Review/Area Variances <strong>for</strong> the construction of a Dunkin’ Donuts<br />

Restaurant with Drive-through window at 3242 NYS Route 417 be approved with two<br />

advisories: 1) the Town should request an alternative site plan <strong>for</strong> examination with the<br />

primary structure rotated 90° clockwise, which would be consistent with Volume 2 of the<br />

County’s Guidebooks Series, and 2) strongly suggests that the Town require the<br />

architectural style to be compatible with St. Bonaventure University buildings just across<br />

the street. Carried.<br />

City of Salamanca – Zoning Text Amendment – Written Notice of Changes<br />

Paul Bishop reported that the City of Salamanca has referred a zoning text change<br />

amending Section 16.3.3 of the City Zoning Law to provide written notice of public hearings<br />

to be mailed to all landowners within 125 feet of premises where a change of zoning use<br />

district is required. Currently the requirement is that a sign be posted on the property.<br />

SEQR is being addressed and a public hearing was held on <strong>July</strong> 26, <strong>2006</strong>. Staff<br />

recommendation is approval.<br />

David Rivet moved with a second from David McCoy to approve the referred City of<br />

Salamanca zoning text change amending Section 16.3.3 of the City Zoning Law to provide<br />

written notice of public hearings to be mailed to all landowners within 125 feet of premises<br />

where a change of zoning use district is required. Carried. Michael Zaprowski abstained.<br />

<strong>Cattaraugus</strong> – Little Valley School District – Draft Environmental Impact Statement<br />

James Isaacson reported that the <strong>Cattaraugus</strong>-Little Valley Central School District is going<br />

through with a Capital Improvements Project.<br />

The School District has issued a Positive Declaration on this project and is in the process of<br />

preparing a Draft Environmental Impact Statement (DEIS). The County <strong>Planning</strong> <strong>Board</strong><br />

has been given the opportunity to comment on the project, so that our comments may be<br />

considered when preparing the DEIS.<br />

The School District is proposing, at the <strong>Cattaraugus</strong> campus: 1) Construction of new<br />

classroom space, gymnasium, expansion of kitchen/cafeteria and media center, new<br />

auditorium, new locker rooms and weight rooms; 2) Demolition of existing bus garage; 3)<br />

Reconstruction and expansion of existing parking lots, bus loading loop and other traffic<br />

circulation; 4) Construction of new septic system; 5) Replacement of existing cinder track<br />

and natural turf football field with synthetic track and football field; 6) Replacement of<br />

existing bleachers, concession stand and restrooms and existing field lights; 7)<br />

Rehabilitation and reconfiguration of other existing athletic fields and 8) Acquire 7 acres of<br />

land from the Village to construct athletic fields.<br />

The School District is also proposing to acquire 23 acres of land to construct new bus<br />

garage and septic system on Gowin Gulf Road (a.k.a., Pleasant Valley Road).<br />

Not addressed by this SEQR Review is the reuse of the Building in Little Valley – unsure of<br />

the future of this building.


<strong>Cattaraugus</strong> County <strong>Planning</strong> <strong>Board</strong> 7<br />

<strong>July</strong> <strong>27</strong>, <strong>2006</strong><br />

Staff recommendation <strong>for</strong> the County <strong>Planning</strong> <strong>Board</strong> Comments would be to note that the<br />

property on Gowin Gulf Road is in the South Branch Agricultural District, and is surrounded<br />

by numerous other Agricultural District Parcels. The DEIS should assess the impacts that<br />

the construction of the bus garage will have on the surrounding agricultural land and the<br />

loss of agricultural lands, since agricultural land is an important resource in <strong>Cattaraugus</strong><br />

County, yet it is a declining resource as more and more agricultural land is converted to<br />

other uses.<br />

Chairman Sprague asked if run off from additional impervious surface had been addressed.<br />

Such runoff can contain pollution that may affect stream water quality.<br />

Mr. Isaacson stated that stormwater pollution could also be a comment from the <strong>Planning</strong><br />

<strong>Board</strong>.<br />

Michael Zaprowski moved with a second from David Rivet that the County <strong>Planning</strong> <strong>Board</strong><br />

wishes to make two comments concerning the <strong>Cattaraugus</strong>-Little Valley Central School<br />

District Capital Improvements Project in regards to the Draft Environmental Impact<br />

Statement and the proposed new bus garage facility that will be constructed on the Preston<br />

property off Route 353 in the Town of New Albion: 1) This property and numerous<br />

surrounding properties are located in a NYS Agricultural District (locally known as the<br />

South Branch Agricultural District). Agricultural land is an important resource in<br />

<strong>Cattaraugus</strong> County, yet it is a declining resource as more and more agricultural land is<br />

converted to other uses. The Lead Agency should assess the impacts that this<br />

development will have on the surrounding agricultural land, and the loss of agricultural<br />

lands. 2) This property is also in the <strong>Cattaraugus</strong> Creek watershed, and will drain into a<br />

tributary of the Creek. The <strong>Planning</strong> <strong>Board</strong> is concerned about possible stormwater<br />

pollution from the new bus garage entering the stream and watershed. The County, in<br />

conjunction with New York Rivers United and the University at Buffalo, is beginning a study<br />

that will result in a watershed protection strategy <strong>for</strong> the entire <strong>Cattaraugus</strong> Creek<br />

watershed. This is a valuable natural resource in the County and deserves the utmost<br />

protection. The EIS should assess the potential adverse impacts of stormwater pollution<br />

on <strong>Cattaraugus</strong> Creek and its tributary and mitigate any impacts. Carried.<br />

NYS INTERGOVERNMENTAL REVIEWS<br />

Paul Bishop reported that NYS Intergovernmental Reviews numbered STW#06.023<br />

through #06.025 have been received. Staff recommendation is received, reviewed, no<br />

comment. The <strong>Board</strong> concurred.<br />

OLD BUSINESS<br />

Village of Ellicottville – Zoning Referral Exemption Agreement<br />

Paul Bishop reported that the Village of Ellicottville would like to enter into a Zoning<br />

Referral Exemption Agreement with the County <strong>Planning</strong> <strong>Board</strong>. The County Attorney, in<br />

his review of the signed document from the village, had several items of concern that he<br />

needed to discuss with the Village’s Attorney. There<strong>for</strong>e last month the County <strong>Planning</strong><br />

<strong>Board</strong> had tabled the agreement <strong>for</strong> 30 days. The County Attorney has discussed the


<strong>Cattaraugus</strong> County <strong>Planning</strong> <strong>Board</strong> 8<br />

<strong>July</strong> <strong>27</strong>, <strong>2006</strong><br />

items of concern and now concurs with the Village Attorney’s additions. The Agreement<br />

has been retyped, per the County Attorney’s direction, and the new documents are now<br />

signed and notarized with the Village of Ellicottville Mayor’s signature. Three of the<br />

referrals from the Village of Ellicottville would not have come be<strong>for</strong>e this <strong>Board</strong> this evening<br />

had the Agreement been in place. Staff recommendation is approval of the Agreement.<br />

This agreement will be the third in the County between the County <strong>Planning</strong> <strong>Board</strong> and a<br />

local municipality. The City of Salamanca was the first Agreement, and the Town of<br />

Mansfield was the second Agreement.<br />

Michael Zaprowski moved with a second from Richard Fuller approve the Referral<br />

Exemptions Agreement with the Village of Ellicottville and to authorize the Chairman of the<br />

<strong>Planning</strong> <strong>Board</strong> to sign said Agreement. Carried.<br />

REPORTS / OTHER BUSINESS<br />

CHAIRMAN’S REPORT<br />

Reappointment of <strong>Planning</strong> <strong>Board</strong> Members – Chairman Sprague thanked Crystal<br />

Abers, Chairman of the <strong>Cattaraugus</strong> County Legislature <strong>for</strong> the reappointment of <strong>Planning</strong><br />

<strong>Board</strong> members Paul d. Mager, Ann Padlo, Charles W. Couture and David L. McCoy.<br />

Consultant Contracts – Chairman Sprague reported that the <strong>Cattaraugus</strong> County<br />

Legislature has approved consulting contracts with Richard Swist and Terry Martin <strong>for</strong> the<br />

Department of Economic Development, <strong>Planning</strong> and Tourism. He stated that Terry and<br />

Rick will be good assets <strong>for</strong> the Department.<br />

Three Year Plan and Budget Committee <strong>Meeting</strong> – Paul Mager reported that prior to this<br />

meeting, the Three Year Plan and Budget Committee met. <strong>Minutes</strong> of that meeting will be<br />

distributed at next month’s meeting.<br />

DIRECTOR’S REPORT<br />

Consultants – Thomas Livak stated that as reported by Chairman Sprague, consultant<br />

contracts have been approved by the Legislature <strong>for</strong> Richard Swist to help continue the<br />

Quality Communities Initiative; and <strong>for</strong> Terry Martin to help continue the Equestrian<br />

Initiative, Quality Communities Initiative, Randall Arendt programs and the Allegany State<br />

Park Perimeter Study Implementation.<br />

ARC Grant <strong>for</strong> Enchanted Mountains Asset Mapping Year Two <strong>for</strong> Cities – Mr. Livak<br />

reported that we have received notice of an ARC Grant Award <strong>for</strong> $39,000 <strong>for</strong> Phase 2 of<br />

the Enchanted Mountains Asset Mapping Project. Year two is <strong>for</strong> the two cities. Year one<br />

was with 11 villages. We are working with STW on this project. Paul Bishop stated that the<br />

grant term is from May 1, <strong>2006</strong> to April 30, 2007.<br />

Casino Revenue Plan – Mr. Livak reported that he is in the process of developing the<br />

County’s Casino Revenue Plan which needs to be approved by New York State. We are<br />

currently spending 2004 funds. The Plan that he is developing will be <strong>for</strong> tourism promotion


<strong>Cattaraugus</strong> County <strong>Planning</strong> <strong>Board</strong> 9<br />

<strong>July</strong> <strong>27</strong>, <strong>2006</strong><br />

activities in 2007. The funds are and will be used to promote such things as Onoville<br />

Marina, the Amish shops, Snowmobiling and the Equestrian Initiative.<br />

Bed Tax Program – Mr. Livak reported that the County Legislature made changes to the<br />

Bed Tax program. These funds are used to promote Chamber of Commerce events.<br />

Small Cities Grant – Mr. Livak reported that the Department has been working with<br />

Pioneer Credit to receive Small Cities monies to install additional T-1 lines at the Ash<strong>for</strong>d<br />

facility.<br />

Olean Airport – Mr. Livak reported that the County has been working with the City to<br />

obtain monies <strong>for</strong> the repair and upgrade of the Olean Airport.<br />

Ann Padlo stated that she is very pleased to see these monies <strong>for</strong> the Airport as it is an<br />

important asset <strong>for</strong> the County.<br />

STAFF REPORTS<br />

Agricultural and Farmland Protection Plan <strong>Meeting</strong>s – Paul Bishop reported that the<br />

Draft Agricultural and Farmland Protection Plan is ready to be presented to the public. Six<br />

<strong>for</strong>ums have been planned <strong>for</strong> this purpose: Monday, August 7 th at 7:30 PM at the Machias<br />

Fire Hall; Tuesday, August 8 th at 9:00 AM at the Perrysburg Fire Hall and at 7:30 PM at the<br />

Randolph Municipal Building; Monday, September 11 th at 7:30 PM at the East Otto Fire<br />

Hall; Tuesday, September 12 th at 1:30 PM at the Maplehurst Livestock Auction in Hinsdale<br />

and at 7:30 PM at the Great Valley Fire Hall. Margaret has mailed out over 1700 invitations<br />

to these meetings. This Plan will be the key to future grant applications. Local input to the<br />

Plan is very important. We encourage you to attend and to invite your neighbors and<br />

friends to attend.<br />

Joan Petzen stated that the invitation has been sent to the agricultural community,<br />

including members of the local Farm Bureau. We will be handing the invitation out at the<br />

<strong>Cattaraugus</strong> County Fair.<br />

Paul Bishop noted that the Executive Summary of the Plan is on the County’s Web Site <strong>for</strong><br />

anyone to read and/or download. He acknowledge David Paoletta and Joan <strong>for</strong> getting this<br />

project underway.<br />

Joan Petzen stated that a separate meeting is being planned with the Amish Community in<br />

addition to the other six meetings.<br />

Joan Petzen also noted that the first Halal slaughter was per<strong>for</strong>med this week in Randolph<br />

at the <strong>for</strong>mer Lazy Gate Farms slaughter facility. This is a new an exciting step <strong>for</strong>ward <strong>for</strong><br />

the agricultural community of western New York.<br />

Joan Petzen also reported that Cooperative Extension and the <strong>Cattaraugus</strong> County<br />

Tourism Department have been working with the Telaak Farms to host a Visit the Farm<br />

Day, which will be held on October 14 th rain or shine.


<strong>Cattaraugus</strong> County <strong>Planning</strong> <strong>Board</strong> 10<br />

<strong>July</strong> <strong>27</strong>, <strong>2006</strong><br />

NYSDEC Draft Unit Management Plan <strong>for</strong> Zoar Valley Multiple Use Area – Chris<br />

Craw<strong>for</strong>d reported that NYSDEC has released a Draft Unit Management Plan <strong>for</strong> Zoar<br />

Valley Multiple Use Area and held a public hearing on the Plan in Gowanda and <strong>July</strong> 13,<br />

<strong>2006</strong>, which he attended. Everyone who attended pretty much said the same thing. They<br />

want DEC to protect it with no <strong>for</strong>estry management and no logging. They want it <strong>for</strong><br />

recreational use but limit the trail use. DEC is proposing a 300 foot buffer around the gorge<br />

but will only be taking land from willing sellers. The question is should we make written<br />

comments and if so what should they be?<br />

Discussion on whether to or not to support the management plan and trails.<br />

Kameron Brooks moved with a second from David Rivet to send a letter of general<br />

agreement and support of the “Zoar Valley Multiple Use Area Draft Unit Management<br />

Plan”. The <strong>Board</strong> agrees with the general principles outlined in the management plan<br />

namely; a buffer around the gorge area to be left in a natural condition, managed and<br />

limited consumptive use of resources based on sound scientific principles, and<br />

management of recreational resources (trails, parking facilities, educational kiosks, etc…)<br />

to insure a positive experience <strong>for</strong> all users while minimizing the environmental impact.<br />

The <strong>Board</strong> recognizes the inherent difficulty in balancing the various user interests<br />

associated with such a valuable resource as the Zoar Valley Unit. Overall, the <strong>Board</strong><br />

believes that the Draft Management Plan is a good attempt to balance such interests.<br />

However, the <strong>Board</strong> also feels that active natural resource management takes place daily<br />

with the decisions made by trained professionals in balancing user interests and insuring<br />

the desired ecological structure and function. In light of this, the <strong>Board</strong> recognizes that<br />

plan implementation, in accordance with generally accepted scientific and professional<br />

standards, is key to its success. The <strong>Board</strong> thus encourages the Department of<br />

Environmental Conservation to insure that such standards are met while actively managing<br />

the Zoar Valley Unit. The <strong>Board</strong> believes that the Zoar Valley Unit is an extraordinary<br />

cultural, recreational, economic and aesthetic asset to not only <strong>Cattaraugus</strong> and Erie<br />

counties, but to all of New York State. The <strong>Board</strong> fervently hopes that through the<br />

Department’s planning and management ef<strong>for</strong>ts that it continues to be so. Carried.<br />

<strong>Cattaraugus</strong> Creek Watershed Grant – Paul Bishop reported that the <strong>Planning</strong> Staff has<br />

been working with NY Rivers United to get the <strong>Cattaraugus</strong> Creek Watershed Grant<br />

started. There will be a kick-off meeting in Springville in late September or early October<br />

with focus group meetings later in October and early November in Gowanda and Arcade.<br />

Bruce Carpenter of NY Rivers United would like to make a presentation to the County<br />

<strong>Planning</strong> <strong>Board</strong> at either the August or September meeting.<br />

Tina Abrams asked if the <strong>Planning</strong> Staff is working with the Seneca Nation on this project?<br />

Paul Bishop replied yes.<br />

NYS Department of Ag & Markets Approval of 30 Day Inclusion of Ag Parcels – Paul<br />

Bishop reported that approval has been received from NYS Department of Ag and Markets<br />

<strong>for</strong> all ten parcels that had requested inclusion into the various Agricultural Districts as a<br />

result of the Annual 30 Day Inclusion period.


<strong>Cattaraugus</strong> County <strong>Planning</strong> <strong>Board</strong> 11<br />

<strong>July</strong> <strong>27</strong>, <strong>2006</strong><br />

MEMBERS FORUM<br />

Pat McGee Trail – Kameron Brooks reported that the Pat McGee Trail is now complete<br />

between Salamanca and <strong>Cattaraugus</strong>. The Park in Little Valley is being mowed. There<br />

has been some vandalizism on the trail, so 12 –14 people have been given permission to<br />

patrol the trail with ATV’s <strong>for</strong> the purpose of keeping the trail safe and clean.<br />

STW REPORT<br />

Charles Krause, County Legislator and member of the STW <strong>Board</strong> reported that the STW<br />

<strong>Board</strong> had approved the ranking of 11 ARC project proposals <strong>for</strong> funding in the fiscal year<br />

2007. With approximately $525,000 expected <strong>for</strong> the STW region, the <strong>Board</strong> anticipates<br />

that the top five projects will be funded. Those projects include: Houghton Water District<br />

improvements in the Allegany County Town of Caneadea <strong>for</strong> $150,000; A revolving loan<br />

fund <strong>for</strong> the three counties in the amount of $130,000; A machine tool technology program<br />

at Jamestown Community College <strong>for</strong> $116,194; a renewable energy institute at Alfred<br />

State College <strong>for</strong> $100,000; and a regional study <strong>for</strong> a business and arts center <strong>for</strong><br />

$25,000. The projects are now send to Washington <strong>for</strong> approval which can take up to three<br />

months.<br />

CORRESPONDENCE<br />

The following correspondence was received and reviewed:<br />

Town of Franklinville - Special Use Permit <strong>for</strong> a retail business involving DMV Registered<br />

Repair Shop/Auto Sales/Heavy Equipment Storage at 7975 and 7991 Route 16 – granted.<br />

City of Salamanca – Zoning Map and Text Amendment from I-2 (Restricted Industrial Use)<br />

to R-1 (Single Family Residential) <strong>for</strong> 32 Penn Avenue – adopted.<br />

Town of Great Valley – Site Plan Review of multiple sites <strong>for</strong> the placement of five<br />

billboards – approved with condition.<br />

City of Salamanca – Negative Declaration <strong>for</strong> the adoption of local laws amending the City<br />

of Salamanca zoning Law.<br />

Town of Ellicottville – Adopted their revised Comprehensive Plan on June 28, <strong>2006</strong>.<br />

ADJOURNMENT<br />

David Rivet moved with a second from Paul Mager to adjourn the meeting at 8:30 pm.<br />

Carried.<br />

APPROVED AS SUBMITTED AUGUST 31, <strong>2006</strong>.


THREE YEAR PLAN & BUDGET COMMITTEE OF THE<br />

CATTARAUGUS COUNTY PLANNING BOARD MEETING<br />

Onoville Marina Park<br />

Onoville, NY<br />

<strong>July</strong> <strong>27</strong>, <strong>2006</strong><br />

4:30 pm<br />

COMMITTEE MEMBERS PRESENT: Paul Mager<br />

Ann Padlo<br />

David McCoy<br />

William Sprague<br />

Michael Zaprowski<br />

COMMITTEE MEMBERS ABSENT: Florence Fuller<br />

David Rivet<br />

STAFF PRESENT: Thomas Livak, Director<br />

James Isaacson, Senior Planner<br />

Christopher Craw<strong>for</strong>d, Senior Planner<br />

Paul Bishop, Planner<br />

Margaret Puszcz, Stenographic Secretary<br />

Chairman Mager called the meeting to order at 4:38 pm and welcomed and thanked<br />

everyone <strong>for</strong> coming.<br />

Chairman Mager asked Thomas Livak if there were anything he would like to say be<strong>for</strong>e<br />

the Committee starts on the line items.<br />

Thomas Livak discussed the upcoming budget process and recommendations to the<br />

Legislature. He distributed copies of the Department’s whole budget <strong>for</strong> the <strong>Board</strong>’s<br />

review and in<strong>for</strong>mation. The <strong>Planning</strong> budget is part of the Department’s budget.<br />

Mr. Livak stated that <strong>for</strong> years, the <strong>Planning</strong> <strong>Board</strong> recommended a position of Planner,<br />

which we have now had <strong>for</strong> two years. Also in the past the <strong>Planning</strong> <strong>Board</strong> has<br />

recommended $20,000 <strong>for</strong> consulting. The Legislature just approved a consulting<br />

contract with Terry Martin <strong>for</strong> one year, on an on-call-basis, to help with the two grants,<br />

which Terry had successfully helped the County to receive <strong>for</strong> Quality Communities and<br />

<strong>for</strong> the <strong>Cattaraugus</strong> Creek Watershed.<br />

Mr. Livak reported that with Jerry Burrell’s assistance, $10,000 was placed in the<br />

Business Development Corporation’s budget <strong>for</strong> small business development <strong>for</strong> the<br />

Equine Initiative.


Three Year Plan Committee 2<br />

<strong>July</strong> <strong>27</strong>, <strong>2006</strong><br />

Mr. Livak also reported that a consulting contract has been approved <strong>for</strong> Rick Swist,<br />

using Casino monies, to continue working on the implementation of the Allegany State<br />

Park Perimeter Study.<br />

Discussion ensued on the grants and the Occupancy Tax issue.<br />

Upon discussion, it was decided to request $20,000 <strong>for</strong> consulting in the budget again<br />

this year.<br />

Chairman Mager asked if there were any new initiatives that should be included in the<br />

budget request?<br />

Thomas Livak replied that perhaps we should look at the priorities and discuss what is<br />

in our Three Year Plan first.<br />

THREE YEAR PLAN<br />

1. Basic <strong>Planning</strong> Services<br />

Paul Bishop reported that under Basic <strong>Planning</strong> Services, bullets 1, 2 and 3 we have<br />

been doing through advisories. No <strong>for</strong>mal training has been done, in the future, maybe.<br />

Chris Craw<strong>for</strong>d discussed doing outreach with the municipalities, such as attending their<br />

monthly Town/Village <strong>Board</strong>/<strong>Planning</strong> <strong>Board</strong> meetings and offering assistance.<br />

David McCoy asked if this wasn’t something we could do cooperatively with STW?<br />

Thomas Livak indicated yes. STW and we have been working with Great Valley.<br />

Chairman Mager stated that this would also give us an opportunity to explain to local<br />

municipalities that we now have the procedure <strong>for</strong> Zoning Referral Exemptions<br />

Agreement in place.<br />

Paul Bishop stated that he and James have met with the Towns of Carrollton and<br />

Dayton, at their request, and have shared this type of in<strong>for</strong>mation. We need to continue<br />

to meet with municipal <strong>Planning</strong> <strong>Board</strong>s.<br />

Ann Padlo suggested that we should in<strong>for</strong>m municipalities that we are available to meet<br />

with them at such and such a time.<br />

It was the consensus of the Committee that these meetings should take place at the<br />

individual municipalities at their convenience and not at a set date by the County.<br />

Thomas Livak suggested that bullet three, under Basic <strong>Planning</strong> Services, should be<br />

deleted and converted to Casino Impact Study and Analysis. The Committee agreed.


Three Year Plan Committee 3<br />

<strong>July</strong> <strong>27</strong>, <strong>2006</strong><br />

2. Comprehensive <strong>Planning</strong><br />

Thomas Livak stated that thumbnail estimates are very high <strong>for</strong> completing a<br />

Comprehensive Plan <strong>for</strong> <strong>Cattaraugus</strong> County. Feels that we should continue working<br />

on it in phases, as we have been such as the adoption of Vols. 1 and 2 of the<br />

Guidebook series.<br />

Thomas Livak stated that an actual Transportation Plan has been put on hold at this<br />

time. However, Transportation <strong>Planning</strong> is important with the Casino in Salamanca and<br />

with the start of construction on Route 219 very near. It was decided to combine this<br />

item with number 5 – Transportation Infrastructure.<br />

Paul Bishop stated that perhaps the sequence of the bullets should be changed. Bullets<br />

4, 5, 6 and 7 should probably become 1, 2, 3, and 4. Change Prepare Grants to<br />

Completion and Implementation. We probably should then move Subdivision Model<br />

Ordinance to 5 and change publication date to 2007. Then list Study Growth, etc. last.<br />

The Committee agreed.<br />

3. Countywide Trail Systems Initiative<br />

Paul Bishop asked if this should remain the same or are there changes?<br />

Mike Zaprowski stated that there is a need to connect trail through Salamanca into<br />

Allegany State Park.<br />

Thomas Livak stated that we have been working with the City and the Seneca Nation to<br />

try and get the trails through the City and into the Park.<br />

Mike Zaprowski stated that the bridge is going to be closed <strong>for</strong> two years. The new<br />

bridge will be wider.<br />

Thomas Livak stated that we have been working and need to continue working with<br />

NYSDOT concerning the width of the bridge and the possibility of providing a way to<br />

bring the trail across the bridge. There is also the issue of snowmobiles in the City.<br />

Mike Zaprowski stated that there is a need <strong>for</strong> more road bike trails.<br />

Thomas Livak stated the County’s DPW has applied <strong>for</strong> grant funds to improve<br />

shoulders along County roads <strong>for</strong> road bike trails. Mountain bike trails are some of the<br />

best in the state.<br />

Upon further discussion, it was decided to add road and mountain bike trails.<br />

Discussion concerning ATV’s and the need <strong>for</strong> trails and/or the need to attract some<br />

type of event. It was decided to add ATV trails as well.


Three Year Plan Committee 4<br />

<strong>July</strong> <strong>27</strong>, <strong>2006</strong><br />

1. Implement Allegany State Park Perimeter Study Projects<br />

Thomas Livak stated that there are 12 demo projects listed. We need to pick 1 or 2 and<br />

concentrate on them at first. He feels that the Onoville Demo Project would be<br />

something good to start on. Last year, Onoville staff attended several of the Travel<br />

Shows. This year, he hopes that they can attend more of the boat shows. As he<br />

mentioned at the beginning of the meeting Rick Swist has been contracted, using<br />

Casino monies, to continue working on the implementation of the Allegany State Park<br />

Perimeter Study.<br />

5. Transportation Infrastructure<br />

William Sprague stated that he believes that there is a need <strong>for</strong> housing outside the<br />

Nation.<br />

Mike Zaprowski noted that the City of Salamanca is in the process of doing a Housing<br />

Needs Assessment.<br />

William Sprague stated he believes housing needs to be added to Casino planning.<br />

The Committee agreed.<br />

Chris Craw<strong>for</strong>d stated that Sam Cole from the UB <strong>Planning</strong> Studio is interested in<br />

looking at housing in Ellicottville.<br />

1. Route 16 Highway Corridor Project and Gravel Mining Initiative<br />

It was decided to keep the Route 16 item but to add the Farmersville Landfill as a<br />

second bullet.<br />

7. Route 62 Economic Development Study<br />

Keep the same.<br />

ADJOURNMENT<br />

<strong>Meeting</strong> adjourned at 6:00 p.m.<br />

APPROVED AS SUBMITTED SEPTEMBER 28, <strong>2006</strong>.


Three Year Plan Committee 5<br />

<strong>July</strong> <strong>27</strong>, <strong>2006</strong><br />

PROPOSED THREE YEAR PLAN PRIORITIES FOR 2007<br />

CATTARAUGUS COUNTY PLANNING BOARD<br />

1. Basic <strong>Planning</strong> Services (provided year round)<br />

• Continue community training in planning and design (based on the<br />

adopted County Guidebooks Volumes 1 & 2)<br />

• Continue to assist municipalities in how to use the county’s guidebooks<br />

• Present workshops on 239M Requirements concerning Zoning<br />

Exemptions, Wind Mills and training to Chambers of Commerce<br />

• Outreach <strong>for</strong> Allegany State Park Perimeter Study implementation<br />

(Guidebooks Volume 5, 6, 7 and 8)<br />

• Casino Impact Study and Analysis<br />

2. Comprehensive <strong>Planning</strong><br />

• Farmland Protection Initiative (Complete Agricultural and Farmland<br />

Protection Plan utilizing grant from New York State and start<br />

implementation of the Plan)<br />

• <strong>Cattaraugus</strong> Creek Watershed and Zoar Valley (Implementation of grant<br />

from USEPA)<br />

• Saving Our Villages Initiative (Implementation of the Quality Communities<br />

Grant <strong>for</strong> the demonstration projects in Randolph, Little Valley and<br />

Franklinville)<br />

• Subdivision Model Ordinance (To be published in 2007 to promote both<br />

development and open space conservation as a way to mitigate adverse<br />

effects of the freeway)<br />

• Wind Mill Model Ordinance (Prepare <strong>for</strong> municipalities’ use)<br />

• Study Growth and Development Patterns in <strong>Cattaraugus</strong> County<br />

• Housing (Study the need <strong>for</strong> af<strong>for</strong>dable housing in and around the City of<br />

Salamanca and the greater Ellicottville area)<br />

3. Countywide Trail Systems Initiative.<br />

• Expand multi-use trail system countywide (link to village and town<br />

development, to adjacent counties, and to Letchworth State Park,<br />

Allegany State Park, Zoar Valley and Chautauqua Lake)<br />

• Focus the initial phases of this work on (a) equestrian trails and<br />

demonstration projects in villages, (b) snowmobile trail issues, and (c)<br />

connectivity to trails inside Allegany State Park.<br />

• Road and Mountain Bike Trails<br />

• ATV Trails/Events<br />

4. Implement Allegany State Park Perimeter Study Projects.<br />

• Assess feasibility factors and begin implementing demonstration projects<br />

including village equestrian projects.<br />

• Begin regional marketing ef<strong>for</strong>ts <strong>for</strong> all 12 demonstration projects as they<br />

become feasible, but perhaps focus on one or two projects at first, such as<br />

Onoville Marina.


Three Year Plan Committee 6<br />

<strong>July</strong> <strong>27</strong>, <strong>2006</strong><br />

1. Transportation Infrastructure<br />

• Look at major new potentials <strong>for</strong> economic development in and around the<br />

City of Salamanca, now that the freeway alternative has been released,<br />

and now that the Seneca Casino has been constructed and opened <strong>for</strong><br />

regional business (i.e., taking advantage of the newly emerging, regional<br />

crossroads called “The Southern Cross”).<br />

• Develop an Interchange Zoning Ordinance Model<br />

• Develop a Freeway Plan showing interconnectivity between the Route 219<br />

Freeway and local roads.<br />

• Find funding <strong>for</strong> planning improvements to County and local roads that will<br />

connect all areas of <strong>Cattaraugus</strong> County to the future Route 219 Freeway.<br />

2. Route 16 Highway Corridor Project and Gravel Mining Initiatives.<br />

• Re-issue study findings in the simpler <strong>for</strong>mat of the County’s guidebooks<br />

series (continue to focus on implementation of study recommendations –<br />

this study was originally requested by the <strong>Cattaraugus</strong> County Legislature,<br />

has been favorably received by major stakeholder groups, and is a long<br />

term commitment of the County <strong>Planning</strong> <strong>Board</strong> because of deep seated<br />

municipal concerns).<br />

• Farmersville Landfill Issue<br />

3. Route 62 Economic Development Study.<br />

• Look at the north-south highway corridor between Gowanda, Randolph<br />

and Onoville Marina, and include the Amish country, in a regional context.<br />

Items 1-7 described above all will make significant contributions to preparing a<br />

new Comprehensive Plan <strong>for</strong> <strong>Cattaraugus</strong> County in the 21 st Century.<br />

4. Consultant and Staff Services <strong>for</strong> 2007<br />

• These budget items will remain the same as <strong>2006</strong>.

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