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 MAY 19,
2003 AT 7:30 P.M.
PRESENT: Chairman Al Suchar, David
Remington, John Merchant, Angelo Cimo, Patricia Martonis,
Attorney William Wright and Code Enforcement Officer Randy Woodbury
ABSENT: Kevin Saff and Steve
Hoglin
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.
Mr. Suchar told the Board members that Mr. Woodbury had an administration procedure to discuss before they started on the agenda items.
Mr. Woodbury explained to the members that Vince Donisi, 1885 Willard St. Ext., Jamestown, NY had been given an order to remedy for a porch he is adding to his home. Mr. Donisi originally had a building permit that had expired and had been to the Town to renewed the permit.
The porch that Mr. Donisi is building has extended beyond the permitted 25 foot set back on the front of the property. Mr. Woodbury had a copy of the original building permit. The permit application did not show a porch. This property is in an agricultural-residential area. Mr. Woodbury has asked Mr. Donisi to apply for a variance.
Discussion followed and the Board decided that Mr. Donisi would have to apply for a variance. He will need a 4 to 5 foot variance. Attorney Wright reviewed Section 146-16 of the Town code. They told Mr. Donisi that he could work on the interior and anything that was not within the 25 foot permitted set back. Mr. Donisi said he would apply for a variance for the June meeting.
Chairman Suchar reopened the
public hearing for Yaw Oil, Inc., 2805 North Main St., Ext., Jamestown, NY
for variances for signage.
Ted Bogdan provided new photos of the area showing the foliage and the need for the height of the high-rise sign. He explained that three months ago they came in asking for several variances and in reviewing the project they have reduced the variances. They reduced the height of the high-rise sign from 125’ to 88’. They have decided that the high-rise sign is the most significant sign and have decided to withdraw their variance for the square footage for the sign along Route 60. The sign along Route 60 will comply with the code requirements. They will still need a variance to have two signs.
ZONING BOARD OF APPEALS
MAY 19, 2003
PAGE TWO
Discussion followed on the northern set back variance. A variance for the parking lot setback along the north and west property lines was approved at the February meeting as an individual lot line setback exempt from SEQR.
Attorney Wright asked the Board members to review the site plan that had been approved by the Planning Board at their May 14, 2003 meeting. There is no longer a variance needed along the west side of the property but the northern side will require a 9 foot variance. Attorney Wright requested the Board approve that variance again now that the EAF has been completed. He stated there could be a possible SEQR segmentation issue.
Reviewing the criteria for an area variance the Board noted:
1) there will not be an undesirable change to the neighborhood – neighbors were notified and no one has appeared
2) There is no other method to achieve this - any signage on the building would not be as affective
3) The variance may be substantial but the signage is needed for the project
4) There will be no adverse effect - this is a commercial interchange and other signs variances have been granted
5) because of the trees and foliage it is debatable if this is self-created
Mr. Wright told the Board members that since the Planning Board had determined at their May 14, 2003 meeting this project in its entirely would not have an adverse effect on the environment and that none of the contacted agencies had any comments the Zoning Board could adopt the Planning Board findings or make their own determination.
Motion made by Pat Martonis,
seconded by Dave Remington to adopt the findings of the Planning Board for the
Yaw Oil project.
Carried. Ayes-5 Noes-0 Absent-2
Motion made by Ang Cimo,
seconded by John Merchant to approve the variance for Yaw Oil, Inc., 2805 N.
Main St. Ext., Jamestown, NY for the high-rise sign be at a height of 88 feet
with square footage of 317 SF.
Carried. Ayes-5 Noes-0 Absent-2
Motion made by John
Merchant, seconded by Pat Martonis to grant a variance for Yaw Oil, Inc., 2805
N. Main St. Ext., Jamestown, NY for a second sign along Route 60 that will be
less than 30 feet high and have a square footage of less that 100 SF which is
compliant with the Town code.
Carried. Ayes-5 Noes-0 Absent-2
ZONING BOARD OF APPEALS
MAY 19, 2003
PAGE THREE
Attorney Wright requested that the Board redo the motion for the setback variance because of the possible SEQR segmentation issue.
Motion made by Ang Cimo,
seconded by Dave Remington to approve a 9-foot variance along the northern
boundary for the Yaw Oil project on N. Main St. Ext., Jamestown, NY.
Carried. Ayes-5 Noes-0 Absent-2
Chairman Suchar opened the
public hearing for Elizabeth Nord for a special use permit for a photography
studio and a ballet studio at 29 S. Chicago Ave. W.E., Jamestown, NY.
Ms. Nord briefed the Board members on her plans for this property. The property is zoned residential and has been vacant for 4 years. Ang Cimo stated that the property is not an asset to the neighborhood as it is. He asked if Ms. Nord would have a developing lab for her photography studio. She explained that she “farms” the developing out.
Discussion followed on the hours of operation and the traffic and parking problems. The traffic for the photo studio would be no more than 1 or 2 cars at any one time but the ballet studio could be up to seven cars and possibly 14 if the classes did not have a time allowance between them. Ms. Nord told the Board that she thought seven cars would fit in front of the studio.
Attorney Wright reviewed Section 146-5 and 146-71A of the code and the photo studio could be considered a home occupation but the ballet studio probably would not fit into the definition of home occupation. The Board would have to consider these as separate variances.
Ms. Nord will occupy the property and will have no employees.
The County Planning Department reviewed this project and recommended that the applicant provide sufficient parking space for off-street parking and also suggested a buffer for noise. Dave Remington asked if there was a vacant lot nearby for possible parking. Ms. Nord stated there was not.
The Board and Ms. Nord discussed the possibility of limiting the size of her classes. She said that would be an option. John Merchant stated the parking was certainly a problem for the ballet studio. Limiting the size of the classes could limit the amount of parking needed. Attorney Wright told the Board they should not create an enforcement issue, which could happen by limiting the number in the classes.
Mr. Suchar asked if they could consider using some of the lawn for parking. Mr. Wright said the code states there should be no visible evidence of a home occupation.
After much discussion on the variances Ms. Nord requested that the Board consider the home occupation permit for the photography studio and table the dance studio pending more research.
ZONING BORD OF APPEALS
MAY 19, 2003
PAGE FOUR
The Board members agreed to
table the part of the variance to allow a dance studio pending more information.
Ms. Nord told the Board that the photography studio would not be a high volume business. The business is by appointment only and she expects 3 to 4 sessions per week. Ms. Nord was informed that only a 2 SF sign would be allowed.
The Board reviewed section 146-5 and 146-71A of the code. Attorney Wright asked Mr. Woodbury how the code handles additional structures and Mr. Woodbury told the Board he would deal with that issue. Mr. Woodbury suggested that Ms. Nord have a sketch plan review before the Planning Board to help with the parking issues.
Mr. Wright stated that a short form SEQR would be needed for this variance. Ms. Nord took time to fill out the form.
The Board members reviewed the EAF and noted that limiting the number of patrons would mitigate the traffic patterns.
Motion made by Ang Cimo,
seconded by Pat Martonis making the determination that this proposed project
for the photography studio will not have any adverse affect on the environment
and to have Mr. Suchar sign on behalf of the Zoning Board.
Carried. Ayes-5 Noes-0 Absent-2
Motion made by Al Suchar,
seconded by John Merchant to approve a special use permit photography studio for Elizabeth Nord at 29
Chicago/90 Woodworth Ave. with the condition that she limit the number of cars
to 2 (two). The hours of operation will be as listed.
Carried. Ayes-5 Noes-0 Absent-2
Motion made by John
Merchant, seconded by Ang Cimo to adjourn the meeting at 9:00 PM.
Carried. Ayes-5 Noes-0 Absent-2
__________________________________
Valerie Pierce, Secretary