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 FEBRUARY
24, 2003 AT 7:30 P.M.
PRESENT: Acting Chairman David
Remington, Kevin Saff, John Merchant, Steve Hoglin, Angelo
Cimo, Patricia Martonis, Attorney William Wright and Code Enforcement
Officer Randy
Woodbury
ABSENT: Al Suchar
Acting Chairman Remington called the meeting to
order at 7:30 P.M. Secretary Pierce
called the roll.
Motion made by
Steve Hoglin, seconded Angelo Cimo to approve the minutes of the January 24, 2003 meeting.
Carried. Ayes-6 Noes-0 Absent-1
Attorney
Wright swore in every one that would be testifying at this public hearing.
Mr. Remington 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. He explained that he had sent a letter to the Nelsons
notifying them of the issues that had to be addressed before they could come to the ZBA.
Mr. Remington reopened 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.
The Town received a letter
from Carl and Geraldine Swanson requesting their application be tabled until
the March meeting so they would have time to consult with an attorney to make a
full presentation of their case. The
Board agreed to continue to table this application.
Acting Chairman Remington
opened the public hearing for Jean Holton, 3389 Old
Fluvanna Rd., Jamestown,, NY for a renewal of her special use permit.
Ms. Holton
owns Lighthouse Realty and has an office in her home. Nothing has changed over the last two years.
The Town has received no
complaints on this permit and the neighbors were notified and no one
appeared.
Motion made by
Kevin Saff, seconded by Steve Hoglin to approve the renewal for a two year
special use permit for Jean Holton for a realty office in her home at 3389 Old
Fluvanna Rd., Jamestown, NY.
ZONING BOARD
OF APPEALS
FEBRUARY 24,
2003
PAGE TWO
Mr. Remington opened the
public hearing for Yaw Oil Co., Inc. 2805 N.
Main St., Jamestown, NY for variances for signage and parking lot set backs.
Ted Bogdan,
owner and Dave Rhinehart, from Habiterra Associates, presented
plans for a new building to house a convenience store and an express
McDonald’s. They provided a site plan
for the project and a letter explaining the existing and new signage and the
requested setbacks for parking. The
applicant provided a sketch of the proposed signs with the height and square
footage. They also provided a
documentation memo from Tolman Engineering, PLLC that mentioned the already
approved sign for Comfort Inn, Red Roof Inn, and Mr. Martiny’s sign for the
adjacent property for his travel plaza.
Mr. Bogdan will require
three area variances for the signs. He
will require one for the height of the sign, one for the square footage of the
signs and one for the number of signs.
Mr. Bogdan is asking for a variance for height from 30 feet to 125 feet
and a variance required for area from 100 SF too 317 SF for the high rise sign.
The low-rise sign will meet the height requirement but requires a variance for
area from 100 SF to 165 SF.
Mr. Bogdan is also
requesting a variance for a parking lot setback reduced from 30 feet to 20 feet
along the north and west property lines.
Lengthy discussion
followed on the signs and the applicant had photos from Route 60 but not from
I-86. The applicant stated that they
understood that Mr. Martiny had been approved for a 125-foot high sign. Mr.
Remington said he thought the variance was substantial and they had granted the
sign because of the terrain for Mr. Martiny and he had proved his benefit and
need for the visibility from I-86. Mr.
Bogdan told the Board he would be willing to keep the sign at the same height,
as Mr. Martiny’s and depending on his terrain would lower it if needed. Mr. Bogdan explained he needed the high-rise
sign for visibility from I-86. No one will see it from Route 60.
Attorney Wright reviewed
the criteria for area variances. The Board members decided it would be better
to table the variances for the sign until Mr. Bogdan could bring in more
information and photos to prove his need for the height and show support of the
visibility for westbound traffic. The applicant should also demonstrate his
benefit and also the need for the larger area on the sign.
The Board continued with the request from Mr. Bogdan for the parking lot set backs. Attorney Wright reviewed the code concerning the setbacks. The applicant is requesting the setback be reduced to 20 feet along the north and west sides of the property lines instead of the 30 feet required by code.
ZONING BOARD OF APPEALS
FEBRUARY 24, 2003
PAGE THREE
Discussion followed on the setback and the easements shown on the plans. Mr. Bogdan told the Board members there would be no impact on the neighbors. The adjacent parcels along the north and west properties are zoned mercantile.
Mr. Bogdan told the Board that he has approximately 700 transactions per day and there will be 3 fuel deliveries per week and McDonald’s will have approximately 2 deliveries per week. There will be 50 parking spaces. Mr. Bogdan provided a letter from Attorney Goldman concerning the easement that was still being negotiated. The Board discussed the easement.
Attorney Wright told the members of the Board that as an individual lot line setback this would be exempt from SEQRA review. Mr. Wright did remind the applicant that the signage variances would require a long form EAF.
Motion made by Dave
Remington, seconded by Steve Hoglin to approve the parking lot setback variance
for Yaw Oil Co., Inc., 2805 North Main Street Ext., Jamestown, NY, along the
north and west property lines be reduced to 20 feet.
Carried. Ayes-6 Noes-0 Absent-1
Mr. Bodgan asked if he could still appear before the Planning Board without the sign variances being approved. Attorney Wright suggested he show the location of the signs without detail on height and size. The Planning Board does need the setbacks to be approved but could approve site plan contingent on the ZBA approval of the variances.
Motion made by Dave
Remington, seconded by Steve Hoglin to adjourn the meeting at 8:30 PM.
Carried. Ayes-6 Noes-0 Absent-1
Motion made by
Dave Remington, seconded by Steve Hoglin to adjourn the meeting at 8:30 P.M.
Carried. Ayes-6 Noes-0 Absent-1
_______________________________
Valerie Pierce, Secretary