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Conditions Placed on 42 Degrees North Approval

Public Hearing Set for Kennel Permit

By Jann Wiswall

The Town of Ellicottville’s Planning Board has conditionally approved the final plat for 42 Degrees North, the new 144-acre resort off Poverty Hill Road.

The resort, which features 24 lots on 5-8 acres each, will be a four-season vacation property governed by a homeowners association. Home designs will be reviewed by a committee formed by the developers. A community lodge on 10 acres, owned by the developers, will be constructed for residents’ use. Common amenities will include tennis, a swimming pool, a Nordic spa, event space and more. Trails throughout the heavily wooded community, including the existing Finger Lakes Trail (which will be re-routed per the planning board), will allow for year-round “passive” recreation, including hiking, snowshoeing, cross-country skiing, etc.

Discussion of the final plat was led by Town Planner Carol Horowitz and Town Engineer Mark Alianello. Both had reviewed the plans and the HOA in detail with the town’s attorney and noted that some changes requested last year during preliminary plat plan approval had not been incorporated to their satisfaction. They asked the developers, represented at the meeting by managing director Alex Porritt, to strengthen HOA language designed to more effectively protect homeowners, rewrite and clarify various sections of plat notes and engineering drawings, correct some previously identified errors, work directly with the local Finger Lakes Trail committee to post trail signage, submit the new road’s name to the planning board for approval and make other specific changes. Porritt agreed to all requests.

Alianello also said a budget for ongoing maintenance of roads, ponds and storm water, community property and trails also must be provided to ensure the town is satisfied there will be enough money to properly care for the common areas and infrastructure.

These items, plus a provision that the community clubhouse plans be approved by the planning board, were listed as conditions of approval. The planning board determined that there were not enough substantial changes to the preliminary plat approval to warrant another public hearing on the matter.

The developer has 180 days to provide all information for final review by Alianello and Horowitz and signature by Planning Board Chair Sis Signore.

In other business, the planning board gave preliminary approval for a special use permit to allow Kelly Philipps, on behalf of the town and village, to install a kennel on her property. Philipps will become the Town of Ellicottville’s Dog Control Warden effective July 1, 2015.

Philipps, who is also a full-time Ellicottville police officer, said there would never be more than two dogs onsite and no dog would stay for more than three days. She said dogs are usually found by their owners within a day.

The planning board had no objection to the plan and scheduled a public hearing to be held at its next meeting on Monday, May 18 at 6 p.m. in the Town/Village Hall.

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