Preliminary Draft/Unapproved Minutes

 

MINUTES OF THE REGULAR MEETING OF THE TOWN OF ELLICOTT ZONING BOARD OF APPEALS HELD AT THE ADMINISTRATION BUILDING, 215 SOUTH WORK STREET, FALCONER, NY 14733 JANUARY 6, 2003 AT 7:30 P.M.

 

PRESENT: Chairman Al Suchar, John Leamon, David Remington, John Merchant, Attorney

                     William Wright and Code Enforcement Officer Randy Woodbury

ABSENT:  Bob Thomas, Kevin Saff, Steve Hoglin

 

Chairman Al Suchar called the meeting to order at 7:30 P.M. Secretary Pierce called the roll.

 

Motion made by Dave Remington, seconded by John Leamon to approve the minutes of the November 4, 2002 meeting.

 

Carried.                     Ayes-4                      Noes-0                      Absent-3

 

 

Chairman Suchar reopened the public hearing for Todd and Jennifer Nelson, 72 Robinson Ave., W.E., Jamestown, NY for a garage set back variance and a special use permit to add a third apartment above a garage in a residential zone.

 

Kevin Saff and Steve Hoglin entered the meeting at 7:02 P.M.

 

Mr. Woodbury proposed that the applicant withdraw their application for the set back variance by removing the portion of the garage that was built in the set back area.  He explained the applicant would need a variance for a third apartment and suggested the Board continue to table this application until the Nelsons are compliant.

 

Chairman Suchar reopened the public hearing for Green Acres Enterprises LLC for a sign variance on property owned by Jack Scalise on North Main Street Ext. Mr. Suchar explained that the Board had asked Mr. Martiny at the last meeting to provide an environmental assessment form and detailed site plans. 

 

Mr. Martiny said there was also a safety issue to be addressed. 

 

Mr. Martiny entered into record a letter from Scott Roods, NYS DOT regarding the logo signs. The letter stated one mainline logo structure would be considered in the eastbound direction on I-86. They will allow 2 (three panel) signs each to advertise one type of service (gas, food, lodging, camping or attractions).  When Mr. Scalise was going to do the project off premise signs were allowed and now they are no longer allowed on I-86.

 

Mr. Martiny addressed the safety issues. He provided photos approaching from both the east and west.  He showed the Board plans with the turning lane they had put in for safety.  He provided the 1998 site plans for this site. He explained the lighting and landscaping would be the same as the 1998 plans.

 

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JANUARY 6, 2003

PAGE TWO

 

Mr. Martiny told the Board that the project would be downsized and the driveway and the fueling bays would be different with his project.  Because of the parking restrictions they will not be having the fast food franchise.  They will look at that as Phase III of the project. The drainage and storm water analysis will not change.  There will be less underground storage (a change from 59,000 gallons to 29,000 gallons).

 

Mr. Suchar asked Mr. Woodbury if he had any comments.  He said he only wanted to explain that the work and graphics done on this project were done for the use of the Board but was available for the applicant.  He intended them to be neutral. He stated there would be no other variances needed for this project except the three variances needed for the sign.

 

Chairman Suchar asked Attorney Wright about the required environmental form. 

 

Attorney Wright told the Board he had contacted NYS DEC and after conversation they agreed that the applicant could complete the long form EAF and the Town could do uncoordinated review.  They told Mr. Wright they were a concerned agency and would like copies of the environmental review.

 

Kevin Saff had some questions for Mr. Martiny concerning the traffic patterns and the anticipated customers.  Mr. Martiny had a copy of the traffic study done by EMS Consultants.  He also said he had a market study done on the whole perspective but feels that most business will come from local businesses.

 

Kevin asked Mr. Martiny if the sign variance were not approved would the project still happen.  Mr. Martiny stated he could not do the project without the sign because he could not spend that amount of money without a way to get the traffic from I-86.

 

Attorney Wright reviewed Section 267 b 3 of the Town Code with the Board.  They must weigh the benefit to the applicant against the detriment to the neighborhood.  The Board reviewed each criterion:

1)      there would not be an undesirable change because of the granting of the variance

2)      there is no other method to achieve this – they would not be able to attract the traffic form I-86

3)      Al Suchar and Dave Remington feel the variance is substantial  

4)      the granting of this variance will not have any adverse effect on the neighborhood – neighbors were notified and no one appeared

5)      this is self-created

 

Chairman Suchar reminded the Board they should grant the minimal variance it deems adequate. Mr. Wright reminded the Board they must determine the benefit to the applicant.  Mr. Martiny stated he can not get I-86 traffic without the sign since he may not even have a logo sign.  Kevin Saff said he sees that the eastbound traffic is essential to this project.  Mr. Saff did ask Mr. Martiny how long before he thought he would have to get permission to trim trees and if the sign should be higher.

 

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JANUARY 6, 2003

PAGE THREE

Mr. Martiny stated a higher sign would not be safe or cost effective and the 120 feet is the maximum for a one pole sign.

 

Chairman Suchar stated that the 6 seconds of visibility would be a benefit to the applicant to get traffic from I-86. Chairman Suchar took a poll of the Board before they reviewed the EAF.

 

John Leamon stated that the project itself is an advantage to the community and if the sign is needed to get the project the variance should be granted. Kevin Saff and John Merchant were also in favor and Dave Remington and Al Suchar were against.  Steve Hoglin was undecided. 

 

The Board members took some time to review Part I of the EAF.  Attorney Wright reviewed Part II with the Board noting:

1)      there would be a small impact on the surface or groundwater quality or quantity because of the

            storage of petroleum or chemical products greater than 1,100 gallons

2)      there would be a small impact on the traffic patterns since there will an increase to the traffic

            flow – they noted that NYS DOT was responsible for Route 60 and the State has to approve the

            entrance and exits.

 

Motion made by Kevin Saff, seconded by John Merchant to have Chairman Suchar sign the Determination of Significance on behalf of the Zoning Board and check Box A that the Board has determined this project will not result in any large and important impact and, therefore, is one which will not have a significant impact on the environment; therefore a negative declaration will be prepared.

Carried.                   Ayes-6                      Noes-0                            Absent-1

 

Motion made by John Merchant, seconded by Kevin Saff to approve the 120 foot high sign to be 200 square feet on each side for Green Acres Enterprises LLC because of the topography of the site and unusual line of sight from I-86 and the exit ramp needing a sign that size and height to be visible.

Carried.                   Ayes-5                      Noes-1 (Remington)        Absent-1    

 

Mr. Remington stated he voted no because he felt the variance was excessive.

 

Motion made by Dave Remington, seconded by Steve Hoglin for a variance permitting a second sign on the site for Green Acres Enterprises LLC.

Carried.                     Ayes-6                         Noes-0                            Absent-1

 

Motion made by Steve Hoglin, seconded by Kevin Saff to adjourn the meeting at 9:15 P.M.

Carried.                      Ayes-6                      Noes-0                     Absent-1

 

 

_______________________________

Valerie Pierce, Secretary