May 13, 1997

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 ON J= ULY 28, 2008 AT 7:00 PM.

PRESENT:= Chairman Steve Hoglin, Dave Remington, John Merchant, Kathy Hedstrand, Phillip Pratt,

= Allan Hendrickson, Jean Holton, Att= orney William Wright, Code Enforcement Officer

= Randy Woodbury and Secretary Valerie Pierce

ABSENT: <= /span> None

Chairman Hoglin opened= the meeting at 7:00PM and led the Board in the Pledge of Allegiance. Secretary Pierce called the roll.<= o:p>

Motion m= ade by John Merchant, seconded by Dave Remington to approve the minutes of the Jun= e 30, 2008 meeting.

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Carried.= = Ayes – 7 = Noes – 0 = = &nb= sp; Absent – 0

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Chairman Hoglin welcomed Jean Holton as the newest Board member.

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Attorney Wright swore in everyone that would be giving testimony at this meeting.

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Mr. Hoglin reopened the Public Hearing for the <= st1:PlaceName w:st=3D"on">Fluvanna Community= Church, 3363 Fluvanna Ave., Jamestown, NY 14701 for a 10 year renewal of = their Special Use Permit and the addition of a “Family Life Center” with additional parking.

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Mr. Will= iam Ward, representing the Church, reviewed the new set of maps that had been provi= ded by Mr. Paul Potter, PC with the Board. As a point of reference Randy Woodbury provided the plans the applicant submitted at the last meeting. Mr. Potter had told Randy that he thought he had addressed all of the items the Board discussed at the last meeting.

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In reviewing the modified plan the Board discuss= ed:

the parking – they extended the parking a row in the back and eliminated the parking in the front
drainage – Mr. Potter had a designation on the plan that= the Board could not understand - Mr. Ward said it was just to s= how where the property started to slant down – Mr. Potter did not indicate that with topols – Mr. Wright said that he might be draining water off there so they would not have sheeting - it would be like a catch troth =

The Board had some questions for Mr. Potter and since he was not able to be at the meeting Mr. Ward called him. Mr. Potter explained the lin= e was a diversion ditch that runs off the parking lot to the other ditch and back= to the detention pond. He said t= hat they are just like small swales that divert the water back and are only abo= ut a foot deep. =

the set backs - Attorney Wright asked what the setbacks were on the west end to the parking lot - Mr. Potter said they were asked to p= ull that back and it was over 60 feet - there 7 parking lot lights all together; the 2 on the west side have single heads and all the rest ha= ve double heads – Mr. Potter said that he would have the lighting p= lan for the Planning Board. =
number of parking spaces – Mr. Potter did not think the number was on the plans - Kathy Hedstrand counted approximately 242 parking spaces.
The possible car count on Sunday mornings or Wednesdays - Phil= Pratt asked how many people attend the Church for their Sunday morning worsh= ip - Mr. Ward said they have about 200 people attending right now – t= hey have a much smaller group on Wednesdays
The sewer issues - Attorney Wright asked Paul if the sewer iss= ues had been dealt with – Mr. Potter said he had talked to the South= and Center Chautauqua Lake Sewer District - they have just heard from the company that is supplying the parts and the pipe size has been reduced= to 1 ¼” - the water calculations have been completed and the only water that would actually run out of the storm water pond would b= e during a one hundred year storm - there is a creek in the back that runs dire= ctly into the lake

The Board had no more questions for Mr. Potter.<= o:p>

Kathy Hedstrand asked Attorney Wright if the applicant had to modify their application because they requested a 10 year renewal. Mr. Wright stated the Church cannot get a 10 year renewal because they have modified the site pla= n under the code they cannot get more than a two year permit. After the two years t= hey can request additional years. Mr. Wright said that the application did not have to be modified. The Church is not asking for any a= rea variances and is complainant with their setbacks.

Mr. Hendrickson asked if the Board was satisfied with the drainage concerns. Attorney Wright said that the Zoning Board has, in order to look at = the Special Use Permit, wanted to see what the Planning Board is going to see on the site plan. The Planning B= oard is actually the Board that will see the full drainage plan and the calculat= ions and will make the determination if the drainage is better or no worse than = the existing drainage.

A letter was received from Mr. Richard Wright, 2942 Bentley Ave., Jamestown, NY, which stated his concerns with the drainage. Mr. Woodbury spoke to Mr. R. Wright and told him what Mr. Potter had said about the 100 year storm. Mr. Wright was comfortab= le with that.

Attorney Wright asked what the square footage of= the addition was. Mr. Ward stated= the addition would be 70’ by 100’.=

Attorney Wright reviewed the law for this Special Use Permit. The Church on Fluvanna Avenue already exists by Special Use Permit in a residential zone. Section 146-9 allows a place of worship to exist in a residential district by Special Use Permit. The criteria for Spec= ial Use Permit are covered in 146-64. Mr. Wright said this Board’s concern is the criteria in Section 146-64 C = (the standards in order to make a determination for a Special Use Permit).<= /o:p>

There were no neighbors present concerning this proposed project. Secretary Pierce stated the only correspondence received = by the Town was the letter from Mr. Richard Wright.

John Merchant asked if there were any other variances, such as setbacks, that were being requested. Attorney Wright sta= ted there were no area variance issues.

Attorney Wright stated that this proposed action= is subjected to SEQR. The Board does not have the authority to grant the 10 ye= ar renewal. If approved, this will re-set the two-year Special Use Permit for = the entire Church. If there are any major changes after the Planning Board̵= 7;s review the applicant will have to come back to the Zoning Board. The Board = gave Mr. Ward time to complete the SEQR.

Secretary Pierce said that the Town had received= the letter from the Chautauqua County Planning Board that stated this proposed action was of local concern. =

Chairman Hoglin opened the Public Hearing for New Hope Community Church for a Speci= al Use Permit for a Church in a residential zone on property owned by Celoron Hose Company at 315 Hunt Road, W.E., Jamestown, NY pursuant to Section 146-9 D a= nd Section 146-64 of the Town of Ellicott Zoning and Planning Code.

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Attorney Robert Liebers from Burgett and Robbins Law Firm, Pastor Greg Streed and Do= ug Barmore, from the congregation, were present representing the Church.

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Mr. Liebers told the Board:

the Church has entered into a contract to purchase the propert= y at 315 Hunt Rd., W.E., Jamestown contingent on receiving approval to use it as a place of worship<= /o:p>

they are not planning any additions or changes to the property other than to redo the interior and remove the overhead doors
they have a congregation of about 40 people<= /li>
this would certainly be a lot less activity than the fire stat= ion – that previously received a Special Use Permit by the Board
the building has been for sale for a period of time=

Chairman Hoglin asked Attorney Liebers if the Bo= ard could move back to the Fl= uvanna Church since Mr. Wa= rd had completed the SEQR. Attorney Liebers agreed.

Attorney Wright asked Mr. Ward if he could modify the SEQR form because they will require a permit from the NYS DOT and one f= rom the South and Center Sewer District. Mr. Ward modified and initialed the SE= QR form.

The Board reviewed the SEQR form for Fluvanna Community Church.

Attorney Wright stated that the proposed action does not excee= d any Type I threshold in 6NYCRR, Part 617.4 and it will not receive any coordinated review

the storm water management plan should actually have the impac= t of improving the condition of the neighbors property
this proposed project will not have an impact on the environme= ntal characteristics that will cause a critical environmental area
there is no controversy related to potential adverse environme= ntal impacts
this proposed action will not result in any adverse environmen= tal impacts

Motion m= ade by John Merchant, seconded by Kathy Hedstrand making the determination that th= is proposed project will not have a significant adverse environmental impact a= nd authorizing Chairman Hoglin to sign on behalf of the Zoning Board.

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Carried.= = Ayes – 6 Noes – 0 = Absent – 0 = Abstain – 1 (Holton)

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Attorney Wright stated that under Section 146-64= it says that permits for special exceptions shall expire two years after the date of the approval. The Town Board made a modification to that which gives the Zoning Board the authority to extend f= or periods of longer than two years but not before the first two year renewal.= Mr. Ward said he understood and agreed to that.

John Merchant asked if the lighting was taken ca= re of. Attorney Wright said that= is an issue for the Planning Board and they will be looking at the lighting, the parking and the drainage issues. Mr. Potter will provide the Planning Board with the lighting plan. <= o:p>

Motion m= ade by John Merchant, seconded by Al Hendrickson to approve a two-year Special Use Permit for Fluvanna Community Church at 3363 Fluvanna Avenue Ext., Jamestow= n, NY 14701 as presented with the modified plans showing approximately 242 par= king spaces and an addition to the building of 70’ by 100’.

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Carried.= Ayes – 6 = Noes – 0 &nb= sp; Absent – 0 = Abstain – 1 (Holton)

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The Board continued with the application for New Hope Community Church. Discussion followed on:=

the proposed hours of operation – Pastor Streed stated t= hat for now they would be having a Sunday morning service (10:30AM or 11:00AM to 12:00PM) and a Wednesday night Bible s= tudy (around 7:00PM) – they do not have a Sunday School presently but hope to and that would be at 9:30AM or 10:00AM – occasionally th= ey might have a holiday dinner
the congregation is now meeting at the Jamestown Savings Bank = Ice Arena
they have about 42 members
the Church was started the last Sunday of October 2007 with 30 members and they have grown by 10-12 members in 9 months
they do not have an active outreach program at the present tim= e
Doug Barmore stated that the building will seat 152 people – he said that w= ould be 45 -50 cars (based on the average number they have coming per car) = – they currently have about 11 cars with their present congregation̵= 1; at the Hunt Road location there are 8 handicapped parking spaces and 24 -= 26 parking spaces in the back of the building on an existing pad – they do = not anticipate any parking in the front – the Hunt Road exit would be where someone would drop off a handicapped person and then go out back= to park – where the handicapped parking spaces are you have to back= unto Cobbe Circle to get out – there has to be one handicapped parking space for every 25 spaces
they have explored other buildings but they have not found anything that is suitable or cost effective – they are such a yo= ung small congregation that if they bought anything that was in bad disrep= air it would break them before they could get them repaired or updated = 211; this is a nice beautiful empty hall
Mr. Barmore said that they basically just need to get the outs= ide cleaned up
the only lights are on the building but the parking lot is lit=
the main entry door will be used for drop offs and handicapped parking – the rear entry will be the main entrance to the Church= - they will be taking out the overhead doors – they have not determined exactly what kind of windows they will put in the front if they do put windows in – t= he doors leave air and a couple of the doors are deteriorated – any changes will blend with what is already there
Mr. Barmore said they want to be a good neighbor and a welcome neighbor and use the building as a house of worship – he feels t= hat a good neighbor means that you keep the building in shape, keep the la= wn mowed, the shrubs trimmed, keep the driveway cleaned, do not have lights shin= ning into the neighbors yards, keep the noise level down (they use two acou= stic guitars for their worship service) – one of the reasons they wan= t to remove the doors is because with the doors removed you could not hear inside – they will also work with Randy Woodbury so that anything they do will be according to Town code
you cannot go all the way around the building - you have to enter the side w= ith the handicapped parking from Cobbe Circle – on the other side of the building you can go from Hunt Road around to the back
the lot is over two acres – it is approximately 170̵= 7; wide by 400’ deep – it is bordered on the west side by a c= reek – there is a lot of green space in the back
they have not discussed if they would rent the building for th= ings such as weddings - Randy Woodbury said they should be aware that a condition of the approval would probably be that they would not be abl= e to rent the building =
Attorney Wright said that this is a change of use that triggers site plan – the Zoning Board has been viewing the site plan as p= art of the Special Use Permit determination
there is not a active youth group at the present time
the congregation comes from all of the surrounding areas
the traffic on Hunt Road&nbs= p; is less on Sundays and evenings – there is no school traf= fic at those times

Mr. Hendrickson said he felt that there is little that this building can be used for and this is one of the better uses for t= his building.

Attorney Wright asked what type of a legal organization the church is. A= ttorney Liebers stated that the Church just received their Certificate of Incorpora= tion in May 2008. This is an indep= endent Church and is not affiliated with any denomination.

Mr. Barmore had a small sketch of the site, whic= h he showed to the Board. They wou= ld be willing to limit the directional flow in the parking lot to “Enter Only” or “Exit Only” on Hunt Road if that is something that= the Board determined they would like them to do. Attorney Wright said as a safety i= ssue the Planning Board may ask them to do that.

Mr. Ron Brown stated that the property had been = on the market for five years. Th= ere have been no offers on this property for a single family home. Mr. Hendrickson stated that the bu= ilding is not conducive to a single family home.&= nbsp;

Mr. Jose= ph Lisciandro, 300 Hunt Road, W.E., Jamestown, NY, had concerns with the = number of cars because of the possible increase in the congregation. He said that he thought there woul= d be more activities such as weddings and other social events and they might be there every day. He wants to = keep the area residential. He feel= s that the Fire Department will come up with a buyer that will use this property a= s a tax paying property and convert it into a residence. He is opposed to the granting of t= his variance. He thought the Church could find property some place else. <= /o:p>

Mr. Joe = Miraglia, 307 Hunt Road, W.E., Jamestown, NY, stated he would be the closest neighbor. He has just purchased the property= and his biggest concern is the sound. He said that he does not know the congregation but some congregation= do get loud. Mr. Miraglia said t= hat he knows about sound because he plays in a band, which makes more noise than t= he Church ever would. He knew whe= n he purchased the property the building was there but thought a residence would= go there. He is less than 100 fe= et from where they will park off Cobbe Circle. Mr. Miraglia feels that they will have more than the Sunday morning and Wednesday night service once they get established. He wants to be a= good neighbor. <= /p>

Carl Lisciandro, 290 Hunt Rd., W.E., Jamestown, NY, asked how long the building has been vacant. Mr. Brown stated that is has not b= een vacant but has been for sale for five years. Mr. Lisciandro does not think it is impossible to use this building for a residence. He feels this property sho= uld be purchased for a residence, renovated and used to bring some revenue into= the Town of Ellicott.

Kathy Hedstrand asked the neighbors if they thou= ght this Church would be more offensive than a family with teenagers with cars,= a couple of dogs, maybe a couple of motorcycles, and perhaps one that plays in a band and has band practi= ce at the house. Kathy reminded them that the Special Use Permit is granted for t= wo years and then revaluated. She asked if any of the neighbors would be willing to make a commitment to reno= vate this building as a residence.

Mr. Carl Lisciandro stated that he would be will= ing to purchase the property. He = has the foresight to make it into a residence which could be worth $180,000. The Town of = Ellicott would benefit from that. Mr. Hendrickson asked if it would = be wise because of the amount of money you would have to put into it. Mr. Lisciandro said that he realizes that the land is worth some money and is a nice plot of land but has asked the Fire Department to lower their price.

Mr. Miraglia stated that he owns the entire prop= erty along the Cobbe Circle side. He is concerned about t= he traffic as well as the noise.

Phil Pratt asked if the Church has a contemporar= y or a traditional service. Pastor Streed said their service is traditional and they presently have two acoust= ic guitars. They are praying for= a keyboard.

Mr. Miraglia said that most Churches are built f= or the sound to stay in the Church. He thinks that a lot of sound proofing would have to go into this building and they might want to open the windows. Jean Holton asked if they anticipate having any bells. Pastor Stre= ed stated the Church does not have any plans for any bells. The congregation is split and so they sing both hymns and praise songs but not loud.

Mr. Barmore said that they pray the Lord provides air-conditioning by next year. He said he is opposed to putting in opening windows because of security issues= and are planning very highly on having air-conditioning.

Secretary Pierce stated there was a letter recei= ved from Kay Sfetko, 65 Cobbe Circle, = W.E., Jamestown, NY 14701, stating she was against the approval of the Special Use Permit for the Church because of the congested traffic and noise in the= a quite residential neighborhood. She feels that it would reduce the value of her property.

Attorney Wright reviewed Section 146-9 of the code. A place of worship is a= llowed under Special Use Permit. The criteria are in 146-64 C (Standards). He did caution the Board against considering the taxability of this property. That is not an issu= e that the Zoning Board of Appeals is permitted to consider when granting a Special Use Permit.

Randy said that a reference to the County Planni= ng Board was not made for this specific project but was made for a Special Use Permit for the building. Ther= e is a generic answer from the County for this building but not for this Church. Secretary Pierce pulled the letter= and referral received from Co= unty Planning for Trinity Electric. <= /p>

Chairman Hoglin asked what the Church’s ti= me frame is. Mr. Barmore said th= ey would like to have it winterized in time for the winter. This project needs site plan revie= w at the Planning Board. Mr. Hogli= n said that he was not comfortable with what they had presented to the Board. Mr. Barmore said that he has the original plans from Habiterra from when the building was built. They are not going to make any cha= nges to the building. Attorney Lie= bers said that the contract closing date is August 15^th but there has been no letter stating that time is of the essence.

Kathy Hedstrand said that the Board usually requ= ires a copy of the site plan, but since there is no exterior modifications except the changing of the doors and some decorative interior changes she would be willing to accept the drawing that was presented. Kathy asked about possible directional signs and what the Board would like to see if this is approved. Attorney Wright see= s that as a real traffic issue for Planning Board. That is a safety concern as well a= s the sidewalks, the movement of pedestrians, the vehicle ingress and egress, and drainage, which are all Planning Board issues. The Zoning Board’s criteria = is whether it is a more offensive use then would be a permitted use under Sect= ion 146-64 of the Code.

Mr. Wright said to address some of the concerns = of the neighbors and of Mr. Woodbury the Board has the authority to impose restrictions and conditions on the Special Use Permit and the applicant has= to come back in two years. The neighbors have the chance to address their concerns then as well as calling= the Code Enforcement Officer anytime during the two years the permit is granted for.

Attorney Wright said they could come back to the Zoning Board in August and then go to the Planning Board and that would give the Town time to get a referral from the County. Attorney Lieber told the Board tha= t they would not have any objection to coming back to the Zoning Board one more ti= me but would like to know exactly what the Board wants to see. Attorney Wright said if they are g= oing to do a site plan that is accordance with the code it will have the items w= hich the Zoning Board has requested. He would suggest that they plan for what they believe their maximum congregati= on would be in two years and make a plan for that.

Motion m= ade by Kathy Hedstrand, seconded by John Merchant to table this application of the= New Hope Community Church pending receipt of additional information on building modifications, hours of operations and traffic patterns.<= /b>

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Carried.= = &nb= sp; Ayes – 7 = &nb= sp; Noes – 0 = &nb= sp; Absent – 0

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Randy Woodbury reminded them they would have to return the application by August 4^th to get on the Planning Board agenda.

Motion m= ade by John Merchant, seconded by Jean Holton to adjourn the meeting at 8:45 PM.

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Valerie Pierce, Secretary