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 ON APRIL 2,
2001 AT 7:30 P.M.
PRESENT: Acting
Chairman David Remington,
Kevin Saff, John Merchant, Steve Hoglin, Attorney
William Wright and Code Enforcement Officer Randy Woodbury.
ABSENT: Al Suchar, John Leamon and Bob Thomas
Acting Chairman Dave Remington called the meeting to
order at 7:30 P.M. and the secretary called the roll.
Attorney Wright swore in all present that would be
testifying at this public hearing.
Code Enforcement Officer Randy Woodbury addressed
the Board concerning the use variance for Kenneth and Patricia Strong, for a
storage building on Wilson Street, Falconer, NY. Mr. Woodbury said the Strongs have revised their application
and plans. The revisions gave arise to his interpretation of the project. They propose the building as a residential
three-car garage to be used as an accessory building to the residence at 2005
East Main Street, Falconer, NY. Mr. Woodbury explained to the Board that he
could enforce conditions under the building code and he will put conditions on
the approval of the building permit that will satisfy the neighbors concerns.
Keith Zuck, representing the Strongs withdrew their
application for a use variance. These revisions will also remove this project
from review of the Planning Board.
Motion made by Kevin Saff, seconded by John Merchant
to dismiss the use variance for Kenneth and Patricia Strong.
Carried. Ayes-4 Noes-0 Absent-3
Mr. Remington opened the public hearing for Thomas
Galbato (Brigiotta’s Farmland) for a variance to use land located in residential
and professional office zones at 414 Fairmount Ave. for business parking.
Attorney Douglas Spoto presented plans for the
parking lot located on parcels Mr. Galbato is purchasing from Asher
Heisiger. Attorney Spoto stated that
they have a contract with Mr. Heisiger and will provide a copy for the Town.
Mr. Spoto reviewed the project with the Board
members and explained the parcels were landlocked. He provided an affidavit from Mr. Heisiger that stated he had
intended to develop the land but the area is depressed and he had tried to sell
the lots to no avail.
Mr. Spoto stated that the applicant would be using
this for employee and customer parking only.
They have no intentions to open Chicago Avenue. The applicant provided photos of the area.
He said they would not be using the lots for truck parking.
APRIL 2, 2001
PAGE TWO
A letter was received and placed on file from Carlson
Cusimano Associates, 430 Fairmount Ave., Jamestown, NY. They have no objection
to the filling in of the land and subsequent paving for the use of
parking. Their strong objection was to
any possible future plans to use the lots to access Chicago Avenue for through
traffic. If used for that purpose they
would create problems with noise, truck odors, dust and vibration.
Wally Huckno, County Legislator for District 10, had concern because this
property had far exceeded what had been expected. Lights and fumes from the
running trucks are major concerns for the neighbors. He said the neighbors are opposed to more expansion.
Allan Hendrickson, Councilman for Ellicott Ward I, had concerns that the work
had already been started. They had not applied for a permit or come before the
appropriate Boards.
Roger Bender, 428 Fairmount Ave. W.E., Jamestown,
NY, stated
that the business has grown beyond what was expected. He had offered to buy the lots and could not get any response
from Mr. Heisiger. He did not think the
lots had been advertised.
Attorney Spoto said the applicant would not invade
the property without appearing before the Planning Board and the Planning Board
could prohibit truck parking on the lots.
The applicant would be willing to add buffers and reroute the lighting.
Elizabeth Dunker, 443 Fairmount Ave., Jamestown
W.E., NY, had
concerns about the trucks parking and running for hours, lights, noise and
concerns that the work had already been started without any permits.
Timothy J. Galbato, explained to the Board and
neighbors that they have no plans for lighting on the parking lot. The other lights on the building had been a
suggestion of the Jamestown Police Department because of all the vandalism on
the property. They could be
rerouted. He also explained there would
be no trucks on the new parking area. They would be willing to add buffers of
evergreen, which would help buffer the noise.
Mary Lou Kaufman, 462 Fairmount Ave W.E., Jamestown,
NY, had
concerns about the drainage and the removal of the trees. She hoped they would put in a
sound-deafening barrier. She asked if
this could be considered spot zoning.
Phil Hasson, 31 N. Chicago Ave. W.E., Jamestown, NY,
had
concerns with the fumes from the running trucks and the noise. He thought the Board should look at what
they had already done. Mr. Hasson also had concerns they would be filling the
creek.
Attorney Wright asked if the applicant would be
willing to stake out the parking lots so the Board members could go and see
exactly where the parking lot would be.
Applicant would be willing to stake out where the parking would be. The property lines were already staked.
ZONING BOARD OF APPEALS
APRIL 2, 2001
PAGE THREE
Mr. Woodbury clarified for the applicant that they would have to restore
the property if the variance were not granted and because they had started the
work the fee for the site plan according to the code would increase.
James Manno, 467 Fairmount Ave., W.E., Jamestown, had concerns with the safety
issues with the trucks blocking Fairmount Avenue. They hold up traffic three to five minutes or longer.
Mr. Huckno asked the Board to restrict the running
of the trucks and shield the lighting. Attorney Wright explained the duties of
the Zoning Board and the Planning Board to inform the neighbors that the
Planning Board would address some of these issues.
There was a discussion on the laws that prohibit the
running of the trucks. Diesel motors
should not be running but the refrigeration units have to be kept running.
Attorney Wright reviewed the criteria for a use
variance for the Board. He said that
all four of the criteria must be found in the affirmative in order for them to
approve the variance. He explained that
the proof of hardship could go with the property instead of the owner. The
Board has required financial evidence in the past to prove hardship.
Board members had a discussion on what would benefit
the neighbors the most as well as the applicant. They thought that maybe the approval of this variance would help
to correct some of the other problems the neighbors were having. The Board
members decided that it would be beneficial for them to have the applicant
stake the property so they could go to the property and see exactly where the
parking will be.
Applicant will notify Mr. Remington when they have staked out the site.
Attorney Wright informed the neighbors that their comments were on file and they would not have to attend the next meeting but were more than welcome.
Acting
Chairman Remington opened the public hearing for United Refining for a sign and
set back variance for property located at 700 Fairmount Ave., W.E., Jamestown,
NY.
Jim
Senger, VP of Real Estate and Christopher Mack, Director of Real Estate for
United Refining, presented plans for their project on Fairmount Ave.
ZONING
BOARD OF APPEALS
APRIL
2, 2001
PAGE
FOUR
They informed the Zoning Board that the Planning
Board had given approval of the site plan at their March meeting with the contingency
that they received Zoning Board approval for the required variances.
Mr. Senger stated that they would be reducing the
current signage by 159.4 square feet to a total area of 134.6 square feet. Discussion followed on the canopy set back.
It is 12 feet from the property line but 34 feet from the pavement line.
Required set backs in the mercantile zone are 50 feet. Photos were provided of the signs. The
applicant is requesting 4 signs instead of the one sign allowed under the
code.
Attorney Wright reviewed the criteria for the
approval of an area variance. This is a
balancing test that weights the benefit to the applicant against the determent
to the neighborhood. He stated this project is exempt from SEQR review.
The Board members reviewed the set back variance.
Motion made by Steve Hoglin, seconded by Kevin Saff
to approve the set back variance for United Refining at 700 Fairmount Ave.,
W.E., Jamestown, NY.
Carried. Ayes-4 Noes-0 Absent-3
Discussion followed on the sign variance. The applicant is requesting 4 signs. They
are allowed one sign with a total of 100 square feet under the code.
The Board asked the applicant if they would be
willing to remove the “K” off the westerly facing of the canopy. A determining factor for approval of the
Board is that other service stations in the Town have a canopy and ground
sign. The applicant is willing to
eliminate that sign and have a total of three signs, one ground sign one canopy
sign and a sign on the building.
Motion made by Kevin Saff, seconded by John Merchant
to allow United Refining a sign variance with the following stipulations:
1)
they will remove the westerly (“K”) sign on the canopy and the
southerly facing (“K”) sign will remain
2)
the applicant will have a total of three signs (one ground sign, one
sign on the canopy and one sign on the building)
Carried. Ayes-4 Noes-0 Absent-3
Motion made by Kevin Saff, seconded by John Merchant
to approve the minutes of the March 5, 2001 meeting.
Carried. Ayes-4 Noes-0 Absent-3
ZONING BOARD OF APPEALS
APRIL 2, 2001
PAGE FIVE
Motion made by Steve Hoglin, seconded by Kevin Saff to
adjourn the meeting at 9:25 A.M.
Carried. Ayes-4 Noes-0 Absent-3
________________________________________________
Valerie Pierce, Secretary