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 APRIL
28, 2003 AT 7:30 P.M.
PRESENT: Chairman Al Suchar, David Remington,
Kevin Saff, John Merchant, Steve Hoglin,
Angelo Cimo, Patricia Martonis, Attorney William Wright and Code
Enforcement Officer
Randy Woodbury
ABSENT: None
Chairman Suchar called the meeting to order at 7:30
P.M. Secretary Pierce called the roll.
Attorney Wright swore in every one that would be
testifying at this public hearing.
Jonathan Taber, Esq., attorney for the Swansons,
explained that the proposed garage would be used to store a third vehicle and
for lawn items. He provided letters
that were put on file from five neighbors stating they reviewed the proposal
and had no objections to the area variance.
Plans were provided showing the proposed building and a survey of the property. The applicant also provided photos showing their property. The garage will be a 24 x 24 building that will be roofed and sided to match the existing house.
Attorney Taber reviewed Section 267B of the Town Law
and stated that the balance of the benefit of the applicant to the detriment of
the neighborhood tips in favor of the applicant. They need the storage and the new building will enhance the
neighborhood. The current shed is 8 x 16 and will be removed.
Mr. Taber reviewed the criteria and stated:
1)
there will be no undesirable change to the
neighborhood he read a list of several other
properties in the neighborhood that have
either a second garage or a barn.
2)
there is no other method to achieve this
Mr. Taber mentioned other possibilities the applicant
considered but were not as aesthetically pleasing as the second garage
and were costly
3)
the variance request is not substantial - the only reason they need the variance is
because the
house has an integral garage already attached
4)
there
will not be any adverse environmental impact because of the proposed building.
5)
technically
there could be an argument that this is self-created but practically the
applicant needs the storage
Mr. Taber was asked if there had been any
conversation with Mr. Beckstrom since the Board received the letter of his
opposition. There has been no contact
with Mr. Beckstrom and Mr. Beckstrom has not attempted to get in touch with the
applicant or his attorney.
APRIL 28, 2003
PAGE TWO
Randy Woodbury told the Board since Mr. Beckstrom
could not appear at the first meeting he informed his office that this
application was being heard this evening. Mr. Taber stated he also invited Mr.
Beckstrom to appear because the letter from Mr. Beckstrom did not give
specifics to show why the proposed building variance should be denied.
Chairman Suchar asked if the Board had any more
questions or comments.
Attorney Wright asked if the property line has
trees. Mrs. Swanson showed the members where the trees were on the photos and
the visibility to Mr. Beckstroms property.
Mr. Wright told the Board that Attorney Taber had
covered the criteria in Section 267 B of the Town Law. The Board members had to
consider Section 146-7A of the Town Code that states if the use is not
specifically allowed than it is not allowed.
It also states that property owners are allowed space for three vehicles
in a residential zone. The proposed garage could hold two vehicles since it will
have two overhead doors and the Swansons already have a two car attached
garage.
Attorney Wright stated that this proposed project is
exempt from SEQRA under section 617.5 C (10) as an accessory building less than
4000 SF.
Motion was made by Dave Remington, seconded by John
Merchant to approve the area variance for Carl and Geraldine Swanson for a
second detached garage at 185 Howard Ave., W.E., Jamestown, NY with the
stipulation that the current wooded structure be removed.
Carried. Ayes 6 Noes 1 (Suchar) Absent 0
Motion made by Steve Hoglin, seconded by Dave
Remington to approve the minutes of the March 31, 2003 meeting.
Carried. Ayes 7 Noes 0 Absent - 0
Mr. Suchar reopened the
public hearing for Yaw Oil Co., Inc. 2805 N.
Main St., Jamestown, NY for variances for signage, easements and set backs.
Attorney Wright explained
to the Board members that the environmental was being done as coordinated review
with the Planning Board as Lead Agency.
Rex Tolman, PC, had proposed that this project be done that way and had
taken care of notification to the involved agencies. This means that the ZBA
cannot act on this application until the environmental review has been done.
Mr. Bogdan reviewed the
project with the Board and asked that the additional set back variance they
requested to the southerly property line last month be tabled until the
negotiations with the Patels is complete.
PAGE
THREE
Mr. Bogdan told the Board two area families wanted to invest in the Town (Yaw oil and Tac Mac) and it they did not approve the variances it would create several business hardships.
Mr. Bogdan listed the following business hardships if this variance is not granted:
1) poor visibility of the signs would result in the loss of revenue
2) the loss of jobs they plan to create 40 new jobs
3) the loss of area families investing in the Town they would need the signage for Mc Donalds to invest
Mr. Bogdan reviewed the 4 sign variances they are requesting:
1) they are requesting two signs instead of one
2) they need an area variance for the smaller sign they need the gas prices listed and they have an unusual 75 foot set back because of the NYS right of way off the road
3) a variance for the height of the high rise sign they have reduced the request from 125 to 95 which is the least they need for visibility from I-86.
4) an area variance for the high rise sign they need the size for visibility
They are moving the smaller existing sign to meet the set back and are moving the other sign because of the vantage point from I-86 and because of the construction of the foundations.
Mr. Suchar asked the square footage of the high-rise sign. Mr. Rhinehart told the Board the sign would be 317 SF and that was the size needed for the visibility. The size of the smaller sign is 165 SF.
Mr. Suchar asked if there would be some way to get some the signage that is on the smaller sign onto the high-rise sign. Randy Woodbury mentioned that because the gas price signs would be changing it would not be feasible to put them on the high-rise sign.
Attorney Wright asked the Board to decide if it is necessary for the applicant to appear again. They need to consider the SEQRA after the Planning Board has accepted it. The Board decided the applicant should appear unless they were not ready. The application would continue to be tabled.
Chairman Suchar opened the
public hearing for Cornerstone Christian Center for a sign variance at 591
Hunt Rd., WE, Jamestown, NY.
Handouts had been provided for the Board members that included a photo of the proposed sign, sign materials and construction, photos of the existing property, a diagram of the property with the proposed location of the sign and a visual conception of the proposed sign on the property.
Jeff Piazza, Attorney for Cornerstone Christian Center, reviewed the materials with the Board members and told them the sign was set back to meet the code.
ZONING BOARD OF APPEALS
APRIL 28, 2003
PAGE FOUR
The Church is giving up a parking space for the sign and they asked if there would be any way to move the sign forward. Mr. Woodbury told them if they were considering moving it forward to remember Hunt Road is a County Road. They decided it was better to leave the sign in the location on the plans.
The Church has no control over the trees along the property lines on either side to help with the visibility.
Mr. Piazza reviewed section 267B of the Town Law and told the Board that the Church has no other way to identify itself and needs the sign. They have determined they need a 24 SF sign on this road. There would be no detriment to the neighborhood. Mr. Piazza stated the benefit to the applicant outweighs any detriment to the neighborhood.
He went through the criteria in section 267B of the Town Law noting:
1) there will be no undesirable change to the neighborhood it is a quality sign
2) the applicant can not achieve this with a smaller sign they need to identify the Church there were temporary signs there for while and some people think the Church was temporary
3) the applicant does not feel the variance is substantial it is 24 SF
4) there will be no adverse effect on the neighborhood - it does not take up a lot of space
5) it is not self-created the Church needs to be identified
Pat Martonis had some questions concerning the variance. She asked if it would help if the applicant removed part of the sign. Attorney Wright reviewed section 146-67.4A and explained the allowable sign size is 6 SF in a residential zone. Mr. Wright also asked about the length of the front property line. The frontage is 185 feet.
The neighbors were notified for this proposed sign and there had been no response from anyone.
Attorney Wright stated this proposed project is exempt from SEQRA under section 617.5(C)7 as an accessory structure to a non-residential structure under 4,000 SF.
Motion made by Steve Hoglin,
seconded by Pat Martonis to grant the sign variance for Cornerstone Christian
Center, 591 Hunt Rd., WE, Jamestown, NY.
Carried. Ayes 6 Noes- 1 (Remington) Absent 0
Mr. Suchar opened the public
hearing for John Nilson for a set back variance on property in the Mason
Industrial Park, owned by Western New York Beverage.
Randy Woodbury told the Board the Town received a fax requesting the application be withdrawn. The potential owner agreed to place the new construction within the constraints of the 50 foot required set back.
The Board set the next ZBA meeting for May 19th, 2003 at 7:30 PM because of the Memorial Day holiday.
ZONING BOARD OF APPEALS
APRIL 28, 2003
PAGE FIVE
Motion made by Steve Hoglin,
seconded by Angelo Cimo to adjourn the meeting at 9:00 PM.
Carried. Ayes-7
Noes-0
Absent-0
____________________________________________________
Valerie Pierce, Secretary