MINUTES OF THE REGULAR MEETING OF THE TOWN OF ELLICOTT ZONING BOARD = OF APPEALS HELD AT THE ADMINISTRATION BUILIDNG 215 SOUTH WORK STREET, FALCONER= , NY 14733, JUNE 30, 2008 AT 7:00 PM

MINUTES OF THE REG= ULAR MEETING OF THE TOWN OF ELLICOTT ZONING BOARD OF APPEALS HELD AT THE ADMINISTRATION BUILIDNG 215 SOUTH WORK STREET, FALCONER, NY 14733, JUNE 30, 2008 AT 7:00 PM.

PRESENT: Chairman Steve Hoglin, Dave Remingt= on, John Merchant, Richard Keefer, Kathy Hedstrand, Allan Hendrickson, Phil Pra= tt, Attorney William Wright, Code Enforcement Officer, Randy Woodbury. Kathy Hedstrand, Acting Secretary<= o:p>

ABSENT:&nbs= p; None

Chairman Hoglin opened the meeting at 7:00 a= nd led the Board in the Pledge of Allegiance.= Kathy Hedstrand called the roll.

Moti= on made by Rick Keefer, seconded by Al Hendrickson to approve the minutes of t= he April 28, 2008 meeting.

Carr= ied. Ayes= - 7 = Noes - 0 = Absent - 0

Attorney Wright swore in everyone present th= at would be giving testimony at this meeting.

Chairman Hoglin opened a Public Hearing for = SBA Properties for a renewal of a Special Use Permit for a cellular tower locat= ed at 3108 Eckman Road, Jamestown, New York 14701. SBA Properties representatives had recently attended previous meetings with this Board and had requested they = not attend in person at this hearing if all appropriate documents were submitted for review. Attorney Wright a= sked Code Enforcement Officer Woodbury if all requested documents had been obtai= ned to which he replied they had.

Documentation regarding the structural integ= rity of the tower had been received FDH Engineering, Inc in a letter dated March= 21, 2008 that their assessment is the tower has been properly erected and maint= ained and the existing tower configuration should meet or exceed all applicable standards and should therefore be considered safe. Documentation regarding the prospe= cted cost of demolition and removal of the existing structure and equipment was = also received as requested. Code Enforcement Officer Woodbury stated there had been no changes to the struct= ure.

Moti= on made by Rick Keefer to approve the renewal of a Special Use Permit for SBA Properties to operate a cellular tower at 3108 Eckman Road, Jamestown= , NY 14701. Seconded by John Merchant.

Carr= ied: Ayes - 7 Noes - 0 Absent - 0=

Second item on the agenda was a request for = a 10 year renewal for a Special Use Permit for Fluvanna Community<= /st1:PlaceName> Church 3363 Fluvanna Ave, Jamestown, NY 14701.

Board Member Rick Keefer recused himself at = this time as he is a Board member at this church.

Mr. Paul Potter, Civil Engineer presented a schematic drawing of a proposed construction project to include a "Fam= ily Life Center" and several more parking spaces. Mr. Potter explained that the proj= ect will comply with storm water regulations and will be provided by the existi= ng natural drainage. The water w= ill deposit into the natural water outlet over the Audubon property to the rear swale pond. Attorney Wright suggested the Board might want to consider the extensive parking addition proposed on the Route 430 (front side) of the building as it would require losing much of the existing green space.&n= bsp; Extensive discussion about the parking spaces took place. A suggestion by Al Hendrickson to = move the bulk of the proposed new parking spaces to where the existing baseball field is might be better as they were taking the ball park out anyway. Kathy Hedstrand asked the hours of operation of the new facility and if there would be an increase in evening activities and additional lighting that may affect neighboring residents. Mr. William Ward stated that activ= ities will be moved from the existing youth center near the cemetery to the new facility. Many activities tak= e place there but usually no later than 10:30 PM.&= nbsp; Mr. Potter explained that there would be additional lighting, but it should not be offensive to neighboring residents.

Phil Pratt asked if neighboring residents we= re aware of the proposed construction because according to the application presented the church was "requesting a 10 year permit" renewal an= d no mention of a construction project. Attorney Wright and Al Hendrickson agreed with Mr. Pratt that the residents may not be aware of the proposal and therefore did not have all t= he information presented to them. Mr. Pratt also questioned specifically what type of lighting is proposed as not= to interrupt the evening sky such as football lighting may do. Mr. Potter stated downward lightin= g is what is proposed.

Moti= on by Al Hendrickson to table the request of Fluvanna Community Church at this ti= me and requested Mr. Potter to return to the July meeting with an altered desi= gn indicating proposed parking and lighting changes. Mr. Hendrickson requested= the neighbors be re-notified indicating the modifications to the existing build= ing and the date of the next meeting.

Carr= ied: Ayes – 6 Noes - 0 Absent - 0 Abstain – 1(Keefer)

Mr. Jeffrey Johnson, 166 Longview Ave. WE, Jamestown, NY 14701 requested an area variance f= or a 2nd garage.

Mr. Johnson explained he will be tearing dow= n an existing barn type structure and replacing it with a 2 car garage with a working apartment on the second level.&nbs= p; The structure will be 26' x 28'.&nb= sp; During the time of the construction, he has constructed on his prope= rty a 21' x 18' temporary metal carport with sides to contain his property originally stored in the barn type structure. He is requesting that after comple= tion of the "apartment/garage" to maintain the metal carport as a perm= anent structure to house a boat. At= torney Wright asked Code Enforcement Woodbury if we can even consider the metal carport as a garage. The code presently does not contain information on metal structures in residential zones.

Decisions are made on individual basis as determined by the Board. Al Hendrickson questioned Mr. Johnson about the snow bearing ability of this t= ype of structure. Mr. Johnson sta= ted this structure is built with "maximum" snow-bearing ability. John Merchant asked if there would= be enough clearance between the apartment/garage building and neighboring properties to maneuver a boat and trailer to the structure. Mr. Johnson stated that he may hav= e to drive on his neighbor's property a little in order to maneuver the boat to = the carport, but this would only be two times per year and there has never been= a problem before. Kathy Hedstrand questioned if Mr. Johnson has a boat presen= tly to which he answered he did.

He stores his boat on his property covered b= y a tarp now. Chairman Hoglin asked how high the buildings would be. Mr. Johnson stated the apartment/g= arage building would be about 20' high and the carport about 12'high. Chairman Hoglin asked Code Enforce= ment Woodbury how this would differ from a roofed structure built that was attac= hed to an existing home. Mr. Woodbury explained that roofed type structures are generally built specifically to enhance a home. Much discussion ensued whether the proposed carport would create an undesirable change in the character of the neighborhood. Attorney Wright= went through the 267 b criteria for an area variance. Rick Keefer explained to Mr. Johns= on that it was difficult to determine the dimensional proportions of the build= ings as they were free hand drawings by the applicant and not accurate. Kathy Hedstrand stated she is unab= le to make a determination of whether or not the building would be aesthetically appropriate as there were no photos of the building presented. Regarding the second criteria, whe= ther the benefit can be achieved by other means, it is already being provided for. Al Hendrickson determine= d that the request was substantial and the applicant would need to drive on a neighbor's lawn to get the boat in and out. He did now want to create a preced= ent for other possible buildings of this structure in the town. Attorney Wright stated this reques= t was exempt from SEQR.

Moti= on - by Rick Keefer to deny Mr. Jeffrey Johnson's request for an area variance f= or a 2nd garage at 166 Longview Ave. WE, Jamestown, NY 14701 because he believes it would= make an adverse effect to the character of the neighborhood. Seconded by Al Hendrickson

Carr= ied: Ayes - 7 = Noes - 0 &nb= sp; Absent - 0

United Refining Company is requesting two si= gn area variances for the Red Apple/Dunkin Donuts/Kwik Fill Food Mart at 2930 North Main Street Extension, Jamestown, New York, 14701

Mr. Scott Pascuzzi presented photos to the b= oard requesting one ground sign with at total square footage of 150 sq’ to replace a present sign of 100

sq’. This would require an area varian= ce of 50 sq’. Also presented to the

board were photos of 1 Dunkin Donuts wall si= gn measuring 3’ x 10’ and 1 Red Apple sign measuring 3’ x 13’ on the West side of the building facing Route 60, and 1 3’ x 10’ Dunkin Donuts on the south side of the building = facing I-86. This would require an a= rea variance for a second wall sign

for Dunkin Donuts. Rick Keefer asked if the sig= ns would be lit all night.

Steve Hoglin asked if there were alternate s= izes of wall signs available and Mr. Pascuzzi stated there were, however, minimi= zing the letters would affect the view from the roads. Mr. Hoglin reminded the board that= we are charged to grant the minimum variance.= Mr. Hoglin also asked if in the future if an additional restaurant business wished to open at that facility how that would affect the signage = to which Mr. Pascuzzi stated he would need to return for an additional varianc= e.

Al Hendrickson made a motion to approve the application for an area variance as submitted one area variance of 50 sq’ for the ground sign and one area variance for a second wall sign on the south side of the building, to United Refining Company at 2930 North Main Street Extension, Jamestown, New York, 14701. The motion was seconde= d by Dave Remington.

Carr= ied: Ayes – 7 Noes – 0 = Absent – 0

Moti= on made by Kathy Hedstrand, seconded by Phil Pratt to adjourn the meeting at 9= :07 PM.

Carried. Ayes – 7 Noes – 0 = Absent - 0

Respectfully Submitted,

Kathy Hedstrand