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 27, 2003 AT 7:30 P.M.

 

PRESENT: Chairman Al Suchar, David Remington, Kevin Saff, Steve Hoglin, Angelo Cimo, Patricia

                     Martonis, Attorney William Wright and Code Enforcement Officer Randy Woodbury

ABSENT:  John Merchant

 

Chairman Al Suchar called the meeting to order at 7:30 P.M and welcomed new members Angelo Cimo and Patricia Martonis.  Secretary Pierce called the roll.

 

Motion made by Steve Hoglin, seconded by Kevin Saff  to approve the minutes of the January  6,  2003 meeting.

Carried.                     Ayes-6                      Noes-0                      Absent-1

 

Attorney Wright swore in every one that would be testifying at this public hearing.

 

Chairman Suchar opened the public hearing for New York RSA No. 3 Cellular Partnership d/b/a Verizon Wireless by: Upstate Cellular Network for an addendum for change in tower lighting for the tower on Orchard Road.

 

Tom Greiner representing Nixon Peabody Peabody LLP, attorneys for RSA No 3 and Sandra Brooks representing Verizon presented the application for a change in the tower lighting. 

 

The tower on Orchard Road that was approved in 1991 has red/orange lights that are lit in the evenings and has red/orange and white bands painted on the tower. They are requesting that the Town allow white strobe lights during the day time and then they would not repaint the bands on the tower.

 

The FAA allows both types of markings.  They are not requiring that the white lights be added Mr. Greiner stated that it is not the FAA that is requiring the white lights during the day.   The reason the applicant is asking for the change is there is be less maintenance and the lights are what they are using on all the new towers. Attorney Wright asked what the intensity of the strobe lights is and Mr. Greiner stated that the lights would be medium intensity and they pulse and are slower than the flashing strobe lights.

 

Kevin Saff asked if the tower was painted at certain intervals and was told they were painted as needed.  He also wondered if any neighbors had comments. Chairman Suchar asked for comments from the neighbors present.

 

David Peck, 419 Orchard Road, Jamestown, NY, asked why the red lights were off during the day. He was at the meeting in 1991 and asked why it is different now. Ms. Brooks stated that when the tower was first constructed it was cost effective to have the painted bands. Mr. Peck feels that it would be better to leave the red lights on all day.  Attorney Greiner said that would not prevent them from painting the bands on the tower. The FAA requires the white lights or painted bands on the tower.

 

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JANUARY 27, 2003

PAGE TWO

 

Nick Grunert, 522 Orchard Rd., Jamestown, NY, was also at the 1991 meeting and wanted to know why the  change now.  He objects to the white strobe lights.

 

Norm Zerbst, 450 Orchard Rd., Jamestown, NY, another resident that was at the 1991 meeting stated that he had concerns that the residents have to return every two years. He asked about the direction and intensity of the strobe lights.  He is a pilot and does not see any advantage to the white lights during the day time.

 

Attorney Greiner told Mr. Zerbst that they have to return every two years to renew their permit according to the Town code.

 

Roger Lowenheim, 434 Orchard Rd., Jamestown, NY, asked about how often safety inspections were done and stated he would like to see the records. He said there has been something banging on the tower for several months. 

 

Discussion followed on the maintenance of the tower and the residents were told that the radio station was accountable for their own installations.  Ms. Brooks said they would check out the banging and Mr. Woodbury also stated that he could check into the maintenance and could issue an order to remedy if needed. 

 

Chairman Suchar asked that they get back to the issue of this application.  The maintenance is a separate issue and can be settled by Mr. Woodbury.  The residents should contact him with their concerns.

 

Ken Shilling, 499 Orchard Rd., Jamestown, NY, stated he was familiar with towers since his grandparents have towers on their property that are not maintained. He thinks this would be a way to get away from the maintenance of the tower and is in favor of the painting instead of the white lights.

 

Tim Piazza, 449 Orchard Rd., Jamestown, NY, asked if the applicant knew the distance that the homes were from their other towers. He asked about the periods of operation and the intensity of the lights.  He also had concerns about the health issues of the strobe lights.  He thought that this really is a good neighbor issue.

 

Pat Martonis stated she also had concerns with the health issues.

 

Attorney Wright swore other residents that entered the meeting.

 

Wayne Moore, 391 Orchard Rd., Jamestown, NY, stated since there were no safety issues and the FAA did not require the change the applicant should withdraw the application to be good neighbors.

 

 

ZONING BOARD OF APPEALS

JANUARY 6, 2003

PAGE THREE

 

Carl Scarpino, 545 Orchard Rd., Jamestown, NY said he agreed and that they should continue to paint the tower and not add white strobe lights.

 

Chad Burnett, 567 Orchard Rd., Jamestown, NY, agreed with the others and thought the applicant should paint the tower.

 

Attorney Wright reviewed Section 146-72 (7)A of the code concerning the visual impact of lighting that should be added only as FAA requires.  The code also states that strobe lights are strongly discouraged.

 

Ms. Brooks asked to have one contact person for the neighbors.

 

Chairman Suchar asked for a motion to table this application to give the applicant time to gather information. Kevin Saff stated that based on the comments of the neighbors the Board bring this application to a vote.  The other members agreed. Chairman Suchar called for a motion to deny this application because of the opposition of the neighbors.

 

Attorney Greiner asked that they be allowed to withdraw the application rather than have a negative vote. 

 

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.

 

Mr. Woodbury asked the Board to continue to table this application.

 

Mr. Suchar opened the public hearing for William Piazza, 129 Metcalf Ave., W.E., Jamestown, NY for a renewal of his special us permit for a home occupation for a gun servicing shop in his home. 

 

Mr. Piazza stated there will be no changes in his operation. There have been no complaints to Mr. Woodbury or to the Town.  There is no signage.

 

Motion made by Steve Hoglin, seconded by Dave Remington to approve the renewal of Mr. Piazza’s home occupation permit at 129 Metcalf Ave., W.E., Jamestown, NY.

 

Carried.                     Ayes-6                 Noes-0                 Absent-1

 

Mr. Piazza was reminded this permit needs to be renewed in two years.

 

Chairman Suchar opened the public hearing for Carl and Geraldine Swanson, 185 Howard Ave., W.E., Jamestown, NY for an area variance to build a second detached garage.

 

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JANUARY 6, 2003

PAGE FOUR

 

Mr. Swanson showed the Board members a sketch of his property and the proposed garage.  He explained he needed the additional space for vehicles and lawn equipment.  The garage will be 24’ by 24’ and the driveway will be off Hunt Road.  The garage meets all the set back requirements.

 

Attorney Wright reviewed 146-7 A of the code and the criteria for an area variance from Section 267 b 3 of the Town Law.

 

Mr. Suchar asked how close the neighbors were and Mr. Swanson said probably 150 feet (on Westminster).  Asked if other properties have secondary garages or barns, Mr. Swanson listed other that had secondary buildings. Dave Remington had concerns the current garage would be used as living space. 

 

Kevin Saff quoted from a letter received from Charles Beckstrom, 125 Westminister Drive, Jamestown, NY stating they were absolutely, adamantly and unequivocally opposed to the building of a second garage on the premises for esthetic, health and safety reasons.  The members of the Board suggested Mr. Swanson contact Mr. Beckstrom and explain his plans.

 

Mr. Swanson told the Board he would withdraw his application.

 

Mr. Suchar opened the public hearing for Heidi Marshall, 3271 West Oak Hill Rd., Jamestown, NY, for a special use permit for a home occupation for an accounting office in her home.

 

Ms. Marshall explained that her prior employer had eliminated her job and she wanted to work from her home.  Currently she would use a fourth bedroom for her office but has submitted plans to Mr. Woodbury for an office in her basement.  There would be minimal traffic. She would expect one or two cars per week.  She will have no employees and no signage.  Kevin asked if she plans to expand and Ms. Marshall stated she did not plan any expansion. If later she decided to she would move to a professional office.

 

Attorney Wright reviewed Section 146-64 C of the code on home occupation permits.  He stated this is exempt from SEQRA under 117(5) C 7 in NYCRR.

 

Mr. Woodbury provided plans that were submitted for the basement office and the Board members reviewed them. 

 

Motion made by Kevin Saff, seconded by Dave Remington to approve this special use permit for an accounting office at Heidi Marshall’s residence at 3271 West Oak Hill Rd., Jamestown, NY. 

 

Carried.                     Ayes-6                        Noes-0                     Absnet-1

 

Ms. Marshall was reminded to renew this permit in two years.

 

ZONING BOARD OF APPEALS

JANAURY 6, 2003

PAGE FIVE

Chairman Suchar opened the public hearing for Monarch Plastics., Inc. for an area variance for parking in front of “required yard area” at the intersection of Peck Settlement Road and Industrie Drive, Jamestown, NY.

 

Mr. Don Olander, owner of Monarch Plastics, and Mr. Al Webster, Kessell Construction, reviewed site plans for the new Monarch Plastics building and asked the Board to consider an area variance for a single row of parking in the front of the building facing Peck Settlement Road. They need a 38 foot variance. There will be the same number of parking spaces as before. 

 

Christine Wright, 1835 Willard Street Ext., Jamestown, NY asked if any entrances or exits would be off Willard Street. She was told there would not and she had no other concerns.

 

Attorney Wright and the Board reviewed Section 146-44 A & B of the Code.  Discussion followed on parking and driveways and what was allowed in the set backs.  Attorney Wright told the Board that driveways and sidewalks are allowed in the set backs but not the parking.

 

Attorney Wright asked if there was a possibility to push the building back and have the variance in the back toward the pond and preserve the green space in the front.  He said the intent of the code was to maintain the maximum amount of green space.  Mr. Olander and Mr. Mr. Webster both agreed that the building could be moved.  Mr. Webster said it would be a benefit to the loading dock because it would reduce the slope. 

 

Motion made by Steve Hoglin, seconded Kevin Saff to approve the amended application of Monarch Plastics, Inc. for a 38 foot rear set back, along the line adjacent to the detention pond, as opposed to the 38 foot front set back variance requested on property at the intersection of Peck Settlement Road and Industrie Drive. 

 

Carried.                     Ayes-6                    Noes-0                Absent-1

 

Attorney Wright and Mr. Woodbury thought Mr. Swanson might have withdrew his application prematurely and asked the Board to table his application. Mr. Woodbury will contact Mr. Swanson.

 

Motion made by Steve Hoglin, seconded by Al Suchar to table the application for Carl and Geraldine Swanson.

 

Carried.                     Ayes-6                      Noes-0                Absent-1

 

Motion made by Kevin Saff, seconded by Steve Hoglin to adjourn the meeting at 9:20 P.M.

 

Carried.                      Ayes-6                      Noes-0                     Absent-1

 

_______________________________

Valerie Pierce, Secretary