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 ON MARCH
27, 2006 AT 7:30 PM.
PRESENT: Chairman
Steve Hoglin, Dave Remington, John Merchant, Angelo Cimo, Pat Martonis,
Kathy Hedstrand, Attorney William Wright, and Secretary Valerie Pierce.
ABSENT: Rick Keefer and Code Enforcement Officer Randy
Woodbury
Chairman
Hoglin opened the meeting at 7:30 PM and Secretary Pierce called the roll.
Motion made by
Ang Cimo, seconded by Kathy Hedstrand to approve the minutes of the January 30,
2006 meeting.
Carried. Ayes – 6 Noes – 0 Absent – 1
Attorney
Wright swore in all present that would be giving testimony at this public
hearing.
Chairman Hoglin opened the
public hearing for sign variances for Green Acres
Enterprises, 2930 North Main Street Ext., Jamestown, NY 14701.
Mr. Edward
Martiny, managing partner of Green Acres Enterprises doing business as the Main
Express Travel Plaza, told the Board he was prepared but because
Mr. Woodbury had been off work for the week he did not get pictures that would
be appropriate for the Board to look at.
He thought it would be in his best interest to have Mr. Woodbury present
and asked the Board to table this application until the next meeting.
Motion made by
John Merchant, seconded by Ang Cimo to table the application of Green Acres
Enterprises until the next regularly scheduled meeting.
Carried. Ayes - 6 Noes - 0 Absent - 1
Mr. Hoglin opened the
public hearing for Richard F. Wright, 2942
Bentley Ave., Jamestown, NY for a garage on property with consideration of
adding and attaching a residence in the future.
Mr. Richard Wright told
the Board that presently he just wanted to build a garage. He did not know if
he was going to add a house but the garage would be designed so he could. Mr. Woodbury told him that he needed to
appear before the Zoning Board.
Mr. Hoglin told Mr. Wright
that he would need a use variance.
Attorney Wright explained that a garage in the Town of Ellicott, on a
residential or agricultural residential piece of property, is only permitted as
an accessory structure to a permitted use namely a residence. In certain cases
Mr. Woodbury has allowed a garage to be built first in situations where the
property owner has committed to building a house within a one-year period of
time. Those situations would not come before this Board. He told Mr. Wright that a use variance was a
difficult legal standard to meet and explained the criterion he would have to
meet which is in 267 B of the Town Law. He would have to show there was a
particular disadvantage to that property; specifically he would have to show
unnecessary hardship using four criteria:
1) he
can’t realize a return of the property as it is right now
2)
that the hardship alleged relates only to
that property and not to a substantial portion of the district
3)
that the variance if granted will not alter
the essential character of the neighborhood
4)
that the alleged hardship has been self
created
Attorney Wright
recommended that Mr. Wright consult an attorney to go through those criteria.
Mr. Wright said his idea
was to put the garage up but a lot depended on what the Town highway department
was going to do with the water situation.
He bought the property and cleaned it up. That has improved the water
problems but they still have some standing water. Before he would commit to put a house there we would want the
water problems corrected. He wanted to
store his tractor and other items in the garage.
Mr. Wright
withdrew his application.
Chairman Hoglin opened the
public hearing for sign variances for Greater
Buffalo Savings Bank, 870 Fairmount Ave., WE, Jamestown, NY.
Attorney Wright swore in
Mr. Chris McCaffrey with Ulrich Sign Company.
He told the Board they are the sign company that does the work for
Greater Buffalo Savings Bank. They are
requesting a variance for one freestanding pole sign and two sets of
non-illumined metal letters on the south and west elevation of the
building. The code allows one ground or
one wall sign up to 100 SF. He said the
total of their pole sign and the two sets of letters is 107 SF so they are
asking for an area variance of 7 SF and a variance for the number of
signs.
Mr. McCaffrey stated the
ground sign did meet the height criteria in the code. He said it is consistent with the area because Aldi’s has two
wall signs and a pole sign and the carpet store has a large wall sign and a
pole sign. He said Greater Buffalo Savings Bank has invested a lot in their
properties to make the properties add to the character of the neighborhood. He
provided pictures of what the actual finished signs would look like.
Mr. McCaffrey told the
Board the letters for the walls are from 6 ½” to 11 ½’ high and if they were
boxed in it would be 30” by 13’ but there is a lot of empty space. If you
counted just the actual letters they would be less than the total 100 SF
allowed. The letters on the building
are not illuminated but there are floodlights on the building.
The applicant is
requesting a total of seven signs:
1) one pole sign on the corner of Jackson and
Fairmount Avenues
2) two
sets of letters on the south and west elevation
3) two
directional signs that would not have the bank logo
4) one
“Enter” and one “Exit” sign
Mr. McCaffrey showed the
Board members where the signs were located on the property map. They have
eliminated the “Enter” and “Exit” signs in the back but there will be a
directional sign when you come in from Jackson Avenue that says parking and
drive thru ATM.
Kathy Hedstrand asked how
the Board has treated the wall letters in the past. Not counting the empty space, it would be under the allowed 100
SF.
Attorney Wright said the
code states the sign could not contain any commercial copy other than business
identification so the Greater Buffalo logo could go on the directional
signs.
The Planning Board has not
reviewed these signs. They were not on the site plan when it was approved and
they will have to do a modification to the site plan. Attorney Wright said there might have to be some modifications
because NYS DOT limited the Dairy Queen from exiting onto Fairmount Avenue. He
thought it might have been a condition that would be imposed on the bank as
well. There might have been some restriction on entering from Fairmount Avenue
since they would go into the drive thru and might block traffic on Fairmount. The Board members were concerned about
causing confusion and with safety issues.
Attorney Wright reviewed
section 146-67 4(E) concerning the ground and wall signs. The code permits one wall or ground sign
that is allowed to be up to 100 SF and a ground sign that has a restriction of
30 feet in height measured from the grade.
The applicant is asking for the ground sign and two additional wall
signs. The applicability of the 100 SF is not important for any reason other than
this Board has often, in reviewing sign variances and considering all the
criteria, used the rational that if the total square footage of all the signs
combined does not exceed what they would be allowed as total square footage on
one sign, then it is easier to approve. The Board would consider a variance in
the number of signs and then consider it an area variance for the total square
footage.
The ground sign, which is
17 feet high, is within the code. The code allows it to be 30 feet high. This applicant has scaled down the ground
sign to 40 SF but is requesting some wall signs for a total of 107 SF.
Mr. Wright told the Board
that in section 146-67 of the code, which is under permanent exempt signs, one
sign that does not need approval by this Board is informational directional
public accommodation and traffic control signs up to 4 SF that cannot contain
any commercial copy other than for business identification. It could have a
Buffalo logo on it and say “Exit”, “ATM” or something to that effect. The applicant needs four separate area variances
for 4 directional or traffic control signs to be 7.88 SF rather that 4 SF.
Mr. McCaffrey said the
letters on the directional signs are only 3” and he feels that 2’ by 4’ is a
pretty common size. If you make them 1’ by 4’ he did not feel they would be
beneficial to the people entering and exiting. He did not feel the 8 SF or a
little less would be considered excessive.
Mr. McCaffrey stated they
could downsize the sign for the drive thru 24 hour ATM coming in from Fairmount
Avenue to a 1’ by 4’ sign.
Attorney Wright said his
advise to any one coming before the Board has been to present the minimum
number and severity of variances they can for consideration. He asked if Mr.
McCaffrey could get the signs down to 4SF.
Mr. McCaffrey said the sign coming in from Jackson Avenue needs to be
larger. They did eliminate the “Enter”
and “Exit” signs on Jackson Avenues because it is a side street and they did
want to ask for as few variances as possible. The applicant has to comply with
the approved site plan. They can get an approval on signs and if they can’t
exit or enter from Fairmount they can eliminate a sign.
Mr. McCaffrey said the
blade on the “Enter” and “Exit” signs makes them more decorative and the bank
is trying to not show the post (such as putting a cover on the main pole
sign). The actual copy area would be
approximately 6 SF. They could scale it
back but feel it would not look as nice or tie into the characteristics of the
bank. John Merchant asked if there was
a reason to have the ATM sign on both the pole sign and also on the directional
sign coming into the parking lot. Mr.
McCaffrey said it was necessary because people have to turn right as soon as
they pull into the entrance to get to the ATM.
Attorney Wright said the sign that is shown with the enter arrow and has
Greater Buffalo Savings Bank and the logo looks like an advertising sign rather
than a directional sign. Mr. McCaffrey
said they would not use that sign and the larger “Enter” sign would be more
applicable in this case. He did visit
the site earlier. It is busy and he thinks the easier you make it for people to
enter and exit the better.
The Board will be looking
at three area variances for directional signs of 7.88 SF. One will be compliant
so they will not need to consider that one.
Attorney Wright reviewed
the criteria in 267 B of the Town. Sign variances are area variances. The Zoning Board will take into
consideration the benefit to the applicant if the variance is granted as
weighted against the health, safety and welfare of the neighborhood. He reviewed the five criteria to be
considered:
1) if
an undesirable change will be produced in the character of the neighborhood or
a detriment to nearby properties will be created by the granting of the area
variance
2) if
the benefit sought by the applicant can be achieved by some other method which
is feasible for the applicant to pursue
3) if
the variance requested is substantial
4) if
the purposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district
5) if
the alleged difficulty is self created, which shall be relevant to the decision
but shall not necessarily preclude the granting of the variance
The Board is entitled to
impose reasonable conditions and restrictions in granting both area and use
variances that are directly related to and incidental to the use of the
property. He recommended the Board
start with the wall variances and take them sequentially, knowing the whole
picture.
John Merchant asked if they
needed both the wall signs. Mr.
McCaffrey said that is consistent with every branch they have and the side set
of letters help them get visibility prior to the entrance.
Steve Hoglin asked if they
have a set of signs that are smaller because a previous applicant had the
corporate version of signs. Mr.
McCaffrey said Greater Buffalo Savings Bank is not really big enough to get to
that point. The signs are consistent with what looks right for the property. There is no panel behind the letters so if
you eliminate the space under the letters you have less than the allowable 100
square feet.
This project is exempt
from SEQR.
Motion made by
Kathy Hedstrand, seconded by John Merchant to approve the area variance for
Greater Buffalo Savings Bank for a sign variance at 870 Fairmount Avenue, WE,
Jamestown, NY for the two wall signs on the building as presented.
Attorney Wright told the
Board members they have three additional area variances, each for traffic
directional signs. The variance for one
sign is from 4 SF to 8 SF and the additional two are from 4 SF to 7.88 SF. The applicant will use the “Enter” and “Exit”
signs without the Greater Buffalo Savings Bank logo. The sign that is in the front as you enter the bank will be 7.88
SF.
Kathy Hedstrand said she
has some safety concerns. Steve said the customers will be repeat customers and
will know where it is and will not be looking for a sign.
Mr. McCaffrey said if the
Board did not consider the blades on the “Enter” and “Exit” signs, the actual
copy area would be 5.81 SF. Mr. Wright
told Mr. McCaffrey that a sign under the Town of Ellicott code is the printed
copy and all of the decorative media around it. Mr. McCaffrey said he thought a good compromise was to not put
the bank logo on. Dave Remington said
that people coming westbound would drive right by and not be able to stop and
turn. The Board members agreed that
people would go down Jackson and enter that way. Dave felt the directional signs for westbound traffic would be
useless and there should be no entrance from Fairmount Avenue. That is not a
Zoning Board decision.
John Merchant said they
are considering variances that are difficult for the Zoning Board because there
might be a restriction from entering or exiting onto Fairmount Avenue and they
might be considering signage that won’t be required. It might be easier for the Board if they are considering two
variances instead of three for the directional signs.
Attorney Wright asked Mr.
McCaffrey what it would do to the project if they do not get consideration on
the directional signs at this meeting.
Mr. McCaffrey asked if he would have to appear for the next meeting and
Mr. Wright said he would not if there is nothing more for him to present the
Board. He could do what’s necessary with phone calls or correspondence. It would be based on the approved site
plan.
Mr. McCaffrey said if they
can enter and exit from Fairmount Avenue it is important to mark each with
adequate signage. The sign will not detract from the neighborhood and the bank
will do extensive landscaping. If NYS
DOT restricts the entrances or exits then one sign would be adequate. Attorney
Wright asked if they were restricted to right turn exiting onto Fairmount
Avenue could they add copy to the exit sign that says “right turn only”. Mr.
McCaffrey said they could move up the exit and add that to the sign and remove
the 24 Hour ATM. The information is
important but also has to be readable. The two signs should look alike but the
copy could be different.
Mr. McCaffrey said he
would be glad to send other renderings when they find out what the site plan
is.
Pat Martonis asked why the
pole is higher on the “Enter” and “Exit” signs. Mr. McCaffrey said it was the way it was designed for
aesthetics. These are the standard
signs for Greater Buffalo Savings Bank.
He did show the Board another sign they used at a branch that looked like
a tombstone and is 4 feet high and 2 feet wide and did not have any
design.
Mr. McCaffrey asked the
Board to table the application for the directional signs pending more
information. He asked if the Board could vote on the sign in the back. Attorney Wright said the Board might want to
consider them together. Mr. McCaffrey
said he would not be able to order the back sign without approval and if they
wait another month they would not be able to install them when they do
everything else. John Merchant said he
did not want to hold the project up but would like the Board to look at the
signs as one package. Pat Martonis said she did not want to set precedence for
other applicants to bring in signs at different times for approval. Mr.
McCaffrey asked the Board to table all three directional sign variances. The
Board would try to do it so that he would not have to appear at the next
meeting unless he had additional input.
Motion made by
Pat Martonis, seconded by Kathy Hedstrand to adjourn the meeting at 8:50PM.
Carried. Ayes-6 Noes-0 Absent – 1
_______________________
Valerie
Pierce, Secretary