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 MAY 7, 2001 AT 7:30 P.M.

 

PRESENT: Chairman Al Suchar, David Remington, John Leamon, Bob Thomas, Attorney

                     William Wright and Code Enforcement Officer Randy Woodbury.

                   

ABSENT:  Kevin Saff, John Merchant and Steve Hoglin

 

Chairman Al Suchar called the meeting to order at 7:30 P.M. and the secretary called the roll.

 

Attorney Wright swore in everyone that would be testifying at these public hearings.

 

Chairman Suchar explained that Attorney Spoto had requested that the public hearing for Brigiotta’s  Farmlands be tabled until the June meeting. 

 

Motion made by Bob Thomas, seconded by Dave Remington to table the public hearing for Brigiotta’s Farmland until next month. 

 

Carried.                Ayes-4                  Noes-0               Absent-3

 

Kevin Saff entered the meeting at 7:32 P.M.

 

Chairman Suchar opened the public hearing for B & L Realty NY LLC for a variance for a side yard setback in constructing a storage building on their property at 2887 Strunk Road, Jamestown, NY. 

 

Don Cornell reviewed the plans for the new building with the Board members.  He explained that they need a variance to build the structure 8 feet from the property line. The code requires a 50 foot side yard setback for a shopping center district.  Discussion followed on:

 

1)      location of the property and adjoining neighbors

2)      parking and truck traffic

3)      size of the lot – the narrowness of the property

4)      existing driveway

 

Chairman Suchar asked if the applicant had a visual drawing of the building and location.  They did not but had a map of the property showing the existing building.   Attorney Wright asked if the code enforcement officer could draw the new building on the map.  Mr. Woodbury  did so which gave the Board members a better understanding of the location. 

 

Steve Hoglin entered the meeting at 7:40 P.M.

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MAY 7, 2001

PAGE TWO

 

Attorney Wright reviewed the shopping center district code and the criteria for the approval of an area variance.

 

The applicant and Board members discussed several options for the building and the placement on the property.  The applicant did not feel that they could move the building back on the property or make it any smaller.  The Board suggested that they move the parking to the back. They also need to keep the existing drive the same width because of the trucks. 

 

The Board asked if the applicant had inquired from the neighbors if they would be willing to sell any property. The applicant would look into that possibility.

 

Art Finocchario told the Board members that because the property was so narrow it created many limitations.  They need to keep the size of the building and customer parking on the side. 

 

After a lengthy discussion the applicant asked the Board to table this until the June meeting so they could review their options and get in contact with the neighbors. Surrounding neighbors were notified and none were in attendance. 

 

Motion made by Steve Hoglin, seconded by Bob Thomas to table this application until the June meeting.

 

Carried.                       Ayes-6                   Noes-0                Absent-1

 

Chairman Suchar opened the public hearing for Mark A Ferraro for a sign variance at 870 Fairmount Ave., W.E., Jamestown, NY. 

 

Mr. Ferraro explained to the Board members that he had gotten approval for the site plan for a Dairy Queen Store at 870 Fairmount Avenue but needed variances for the signs.  He did not know that he needed the variance until Mr. Woodbury told him when he issued the building permit.  He wanted variances for the number of signs and the area of the wall sign. 

 

Attorney Wright told the Board that he did not remember if the signs were on the original site plans that were approved.  Mr. Woodbury found the site plans and there were no signs on the plans. It was determined that Mr. Ferraro would have to comply with the new sign code since the signs were not on the plans.

 

Mr. Ferraro is asking for a variance for the area of the wall sign that will be 151.5 square feet (he is allowed 54 feet under the code) and 3 or 4 directional signs.  The directional signs Mr. Ferraro showed the Board members are both directional and advertising signs.  They are ice cream cones that are over 9 square feet (4 feet is allowed in the code). 

 

The Board asked Mr. Ferraro if he would be willing to use the standard directional signs and he agreed.

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MAY 7, 2001

PAGE THREE

 

Discussion followed on the “blade sign” that would be on the building. The Chairman polled the Board to see if they would consider this sign a roof sign. A roof sign is not allowed according to the new code.  Attorney Wright said he would have to research if the ZBA had the authority  to grant  a variance for a roof sign. 

 

The Board suggested that Mr. Ferraro go back to the International Dairy Queen and ask if they had another sign that would be smaller or would come closer to compiling with the Town code. They also suggested that he eliminate the ground sign.  He explained that the ground sign was his only advertising and could not be eliminated.

 

The Board suggested since Mr. Ferraro was opening the end of June or first of July he should get some more information from the International Dairy Queen and come back to the June meeting. Mr. Ferraro asked the Board to table this until the June meeting.

 

Motion made by Steve Hoglin, seconded by Bob Thomas to table the application for Mr. Ferraro until the June meeting.

 

Carried.                    Ayes-6                    Noes-0                     Absent-1

 

Chairman Suchar opened the public hearing for Joseph and Jeanne Franchina, 2259 Lennox St., Jamestown, NY for a special use permit to construct a pole structure in a residential zone. 

 

Mrs. Franchina reviewed their plans for the Board members.  She explained that this would be a garage and would be sided and the roof shingled.  The poles would be encased in cement.

 

Robert Lawson, 2263 Lennox St., Jamestown, NY, had no objections to the garage and thought it would be an improvement to the neighborhood.

 

Sam Pollino, Buffalo Street, Jamestown, NY had no objection to the garage and said there was already a pole structure garage in the neighborhood.

 

A letter received from Patricia Dispenza, 2255 Lennox St., Jamestown, NY, was placed on file.  She had no objection to this structure being built.

 

Mrs. Franchina asked if they had to attach the garage with the house. There had been some question about the code allowing it to be built on the front part of the lot in the residential zone.   Mr. Woodbury stated that it would be considered an integral part of the residence so would not have to be attached.

 

Attorney Wright said this project is exempt from SEQRA as an expansion less than 4000 square feet.

 

ZONING BOARD OF APPEALS

MAY 7, 2001

PAGE FOUR

 

Motion made by Bob Thomas, seconded by Kevin Saff to approve the special use permit for Joseph and Jeanne Franchina to construct a pole structure garage in a residential zone. 

 

Carried.                Ayes-6                  Noes-0                   Absent-1

 

Motion made by Kevin Saff, seconded by Steve Hoglin to approve the minutes of the April 2, 2001 meeting.

 

Carried.                Ayes-6                  Noes-0                   Absent-1

 

Motion made by Steve Hoglin, seconded by Kevin Saff to adjourn the meeting at 9:15 P.M.

 

Carried.                Ayes-6                  Noes-0                   Absent-1

 

 

 

 

__________________________________________

Valerie Pierce, Secretary