Town Planning Board Notes
Town Planning Board Notes
Special use permit granted with conditions for accessory apartment
The Ellicottville Town Planning Board agreed in a 5-1 vote Monday, Nov. 22nd to grant a special use permit, with some conditions, for an accessory apartment above a garage near a proposed single-family home on a 5-acre lot at 2 Rogers Rd. The Board also agreed the project is classified as a SEQR Type II action with no further review necessary.
Vice-Chairperson Sheri Barrera presided over the meeting In the absence of Chairman Richard "Doc" Dayton.
There were no public comments during a public hearing on the project, and construction has not yet begun. The site is located in the agricultural-residential zone, within the 1987 Rogers Subdivision. Architect Jim Fittante assured Board members that the apartment meets the Zoning criteria for a maximum 1200 square foot area because additional area is treated as attic or storage, and is unheated and not habitable.
He explained that the single-family home and garage is designed separately from the garage and accessory apartment due to the site's slope and steep terrain. The two structures - the single-family home accessible from Rogers Road as a permitted use, and the garage with the overhead accessory apartment accessible from Sugartown Road - will accommodate the large family and storage of snowmobiles, recreational vehicles and maintenance equipment.
Planner Gary Palumbo reviewed standards governing the situation and cautioned that future reviews of final plans by the Town engineer or Code Enforcement Officer could identify problems with driveways that are built across the site's steep slopes exceeding 25 percent. Plans for sewer, water and electrical systems will need to be reviewed by the Town and County. Problems with these could trigger the project's return to the Planning Board for future review. He also cautioned that the accessory apartment should be subordinate to and built at the same time or following the single family dwelling.
Several permit conditions had been provided to the Board and Palumbo suggested also requiring title to both structures remain under the same owner, noting the lot may not be subdivided in the future.
Plans and associated documents for the project can be found under the Town Planning Board button at ellicottvillegov.com.
As the meeting drew to a close, Planning Board Member Tim Zerfas, who cast the only no vote against the special use permit, commented that the project is the second of its type to come before the Board in a year. He suggested the Town should consider changing some definitions in the regulations governing accessory apartment projects to allow for clearer Board decisions.
"It's too easy for architects to shuffle walls around to meet the definitions and then they can remove the walls," Zerfas said.
Discussion followed regarding the potential for a change in subdivision regulations because minor subdivisions sometimes receive a go-ahead from the County before the Town has a chance to fully review lot divisions.
In another matter, Zerfas reported on recent workshops he has attended as Planning Board representative, setting goals and visions for local water quality in the DWSP2 project.
The project will create a "framework document" to list specific issues to identify areas in need of future drinking water protection. The group is creating an inventory within the watersheds to identify areas subject to future contamination based on land use and property use. A Drinking Water Source Protection Plan will be the result. There may be future land use regulations needed as a result.
Palumbo, who has submitted his resignation, then noted he is preparing a "transition book" to help the Town and Village make the change to a new planner when one is found by a search committee. It will contain comments on ongoing issues, next steps and locations of documents and amendments in the computer system. He suggested updating the comprehensive plan but advised keeping the Route 219 bypass on the map.
"If you address it in the comprehensive plan, in the future if there's grant money it would be nice to have it in there and you need to keep following up," said Palumbo.
Town Board member John Zerfas, a member of the search committee, noted his group is also working on a plan for the transition and thanked Palumbo for "doing an amazing job" for both municipalities.
Board members were advised that currently there are no applications pending and a December meeting may not be held.