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
SEPTEMBER 27, 2004 AT 7:30 P.M.
PRESENT: Chairman
Steve Hoglin, Dave Remington, Kevin Saff, John Merchant, Angelo Cimo,
Patricia Martonis, Richard Keefer, Attorney William Wright, Code
Enforcement Officer
Randy Woodbury and Secretary Valerie Pierce.
ABSENT: None
Chairman Hoglin called the meeting to order at 7:30
P.M. Secretary Pierce called the roll.
Attorney Wright swore in Mr. Allen Hendrickson, 21 Winsor Place, W.E., Jamestown, NY.
Chairman Hoglin reopened the public hearing for New
York RSA No.3 Cellular Partnership d/b/a Verizon Wireless to renew their
special use permit for the wireless tower west of Jamestown between Idlewood
Drive and Orchard Road. The Town has
not received any official notification from Verizon.
Mr. Woodbury said that he received emails from
Sandra Brooks from Verizon over the course of the last month. Mr. Woodbury reminded her they had to
complete the information required for the renewal of the permit. She asked Mr. Woodbury to remove them from
the agenda. He said he could not do
that and ask them to contact Attorney Wright.
Ms. Brooks said that she and the attorney for this application would be
out of Town until Wednesday. They do
have engineering plans to review and after they have done that internally will
submit them to the Town of Ellicott for review. They would like to appear at the next meeting. The current permit
expired in July. Attorney Wright said
that Mr. Woodbury was under orders from the ZBA not to pursue enforcement
actions. Since it has been four months
since this application was filed, Attorney Wright suggested that Verizon be
sent a message directing them to appear at the next meetng.
Randy suggested he wait until later this week and
see what their plans are. The
engineering plans are for the drainage and they have not answered Mr. Woodbury
request for the other documents needed for the competition of their
application. Mr. Woodbury thought he
had a better response from their attorney.
Mr. Woodbury will communicate with Chairman Hoglin and Attorney Wright
on this matter.
Mr. Hoglin reopened the public hearing for Lawrence
F. Pastorchik c/o Arthur Bailey, Esquire, for the renewal of a special use
permit for a four-unit apartment house at 663 Fairmount Ave., W.E., Jamestown,
NY. The applicant or attorney did not appear for this application. The
Board moved this down on the agenda and will come back to this application.
SEPTEMBER 27, 2004
PAGE TWO
Chairman Hoglin opened the public hearing for Signs
and Sales by Peterson for sign variances for Starbucks at 944-956 Fairmount Ave.,
W.E., Jamestown, NY on property owned by Lamparelli Properties, Inc.
Mr. Hoglin read a FAX from Peterson Signs advising
the Board that they would like to reschedule this variance to the November 2004
meeting so a representative of Starbucks can attend the meeting.
Mr. Woodbury said the Town needed to talk to Fred
LoFaso to clarify his understanding of what the Zoning and Planning Boards have
done and to stay compliant with all the standing decisions.
Steve Hoglin asked when the last plans were approved. Attorney Wright said the last plans were
dated August 2003. Mr. Wright told the
Board they had put this site plan together with several and substantial
variances granted on the basis of the whole project. The Board has the right to open it up and look at the whole thing
in its entirety. The site plan was
approved at the Planning Board and the applicant has one year to complete the
project. They need Mr. LaFaso to explain what they are planning to do on the
property and if they plan to complete the entire project.
Motion made by Kevin Saff, seconded by John Merchant
to grant the request of the applicant not to begin consideration of this
application until the November meeting.
Carried. Ayes-7 Noes-0 Absent-0
Chairman Hoglin opened the public hearing for Pauline
R. Wood for an area variance for a second dwelling on their property at 2150
Swanson Rd., Jamestown, NY 14701.
Mr. Woodbury told the Board he received
communication from the applicant that they have changed their plans and
withdrew their application.
Mr. Hoglin opened the public hearing for The
Rotary Club of Jamestown for a sign variance on property owned by Yaw
Oil Co., Inc. on North Main Street Ext., Jamestown, NY. No one
appeared. Mr. Woodbury explained they
want a sign in a right-of-way where the prospective hotel has rights
within. If the hotel was going to
exercise any of those rights the Rotary Club was going to withdraw their
application. The Rotary Club is looking for alternatives.
Attorney Wright told the Board his review is this is
an off premises advertising sign that is precluded under the Town of Ellicott
code. They would have to request a use
variance.
Rick Keefer asked if a municipality wanted to put up
a sign would that be a different matter.
Attorney Wright said that would be a way to do it and a lot of
municipalities do sponsor this kind of sign.
It would probably be more appropriate in the City of Jamestown. Mr. Keefer also asked it they would have to
be referred to the County Planning Board.
Attorney Wright said they would have to get County approval.
SEPTEMBER 27, 2004
PAGE THREE
The Rotary Club filed an application and the notice
was published and the neighbors were notified.
Mr. Woodbury said the Town Board waived the fee.
Mr. Allan Hendrickson asked if the Town Board
could waive fees. Attorney Wright
stated the Zoning and Planning Board do not get into fee. It is a matter for
the Town Board and should be brought up before the Town Board. Mr. Woodbury said that the Town Board has
waived other fees.
There was no appearance by the Rotary Club and no
action was taken.
The Zoning Board went back to the application of Lawrence
Pastorchik for the renewal of special use permit for a four-unit apartment
house at 663 Fairmount Ave., W.E., Jamestown, NY 1470l.
Attorney Wright said that at the time this was done
it was zoned residential and later it was changed to professional office. They are allowed a one or two family residence
in either the residential or professional office zones. The applicant has a
permit for a four family apartment house and the permit needs renewed every two
years. The applicant has been told to
come in to renew his permit.
Attorney Wright told the Zoning Board members they
could wait for another meeting or act on the application this meeting. The standards of the renewal of the special
use permit are exactly the same with the exception of cell towers that have
their own criteria for renewal. The
standards are found in section 146-64 of the Town of Ellicott code.
PAGE FOUR
He reviewed the code with the members. Any use granted by special use permit has to
blend in with the character of the neighborhood and buildings that surround
it. Given what the Board has seen and
heard they could make a determination that this property does not meet the
ongoing criteria for a special use permit in that it does not have appropriate
available off street parking and is more objectionable than other uses that
would be permitted and does impair the value of adjacent buildings and
properties.
Pat Martonis said that her notes reflect one of the
reasons the Zoning Board tabled this application was that they were going to
the Planning Board. They were going to
present a sketch of the parking to a representative of the Planning Board, the
neighbor and Mr. Woodbury. That was not done.
Dave Remington asked if it would revert back to a
two family residence if the renewal was not approved. Attorney Wright said it could. The building code issues still
have to be dealt with.
Mr. Woodbury said he had issues with the approval in
1984 because there was no site plan. He has nothing to enforce. Ang Cimo asked how many apartments are
rented at the present time. Mr.
Woodbury said just two are rented. Mr.
Woodbury also could not find any architectural plans for the conversion from
two to four family residences that has been required since January 1,
1984.
Attorney Wright asked if there would be required
conversions to make this a two family residence. Mr
Woodbury said there would be building code
issues. If the Board denies this
renewal on specified conditions than Mr. Woodbury’s order to remedy would site
the denial and those conditions. The
order to remedy would limit the apartments to two and would have to be made
code compliant for a two or one family residence.
Mr. Woodbury said the owner is in violation of his
order to remedy violations of the property maintenance code of NYS.
Mr. Hendrickson asked since the permit has lapsed
isn’t he in violation of the multi family dwelling section also. Attorney
Wright said that the Zoning Board is concerned with the requirement in 146-64
of the code not building code issues.
Motion made by Pat Martonis, seconded by Dave
Remington to deny the renewal of the special use permit for Lawrence
Pastorchik, 663 Fairmount Ave., W.E., Jamestown, NY based on code 146-64
standards 1) the nature and intensity of the operation looking at the size is
not in harmony with the neighborhood 2) that the property impairs the value of
the adjoining properties 3) the operation is more objectionable to the nearby
properties, based on the apparent lack of maintenance, than a permitted use
would be 4) the amount of off street parking interferes with the access of the
street and neighbors and safety.
Pat Martonis stated that based on her observations
of the site the car was not removed and a garage door needed repair and she
said the site plan had not been presented.
Mark Olson representing the Rotary Club was sworn
in.
Mr. Olson reviewed the project for the Rotary Club. They want to place a “Welcome to Jamestown”
sign on property owned by Ted Bogden.
The sign would be the property of the City of Jamestown and they would
maintain it.
Attorney Wright asked if they could place the sign
within the City limits. He explained what the Board had discussed earlier in
the meeting that the Town of Ellicott code prohibits any off premises
advertising signs. This Board has
fought very hard since 1987 when the sign ordinance was put in place to make
sure there weren’t any off premises signs and he cannot constitute this as
anything else than an off premises sign. If the Town of Ellicott chose to put
up a sign in its municipality it would be allowed.
Discussion followed about the definition of an off
premises sign in section 146-66 A of the code.
This sign is not advertising the Rotary Club. Mr. Olson said they would like the Rotary insignia on the
sign.
Mr. Hoglin asked the size of the sign. The maximum
size would be 16 feet long and 8 feet high and 2 feet wide. Mr. Olson said the sign would be mounted on
posts so that it could be moved but they do not want to put it up and move it
in 6 months. The possibility of the
motel on I-86 is a factor. The Board also discussed the sections of code for
this application and if they need a setback variance.
Mr. Keefer asked if they would be advertising other
organizations on the sign. Mr. Olson
said they would like a common number people could call for information. The Board agreed that might be more
advertising of other profit making organizations. Mr. Olson stated this is a community project and will be no gain
in it. He told the Board there are many
other obstacles.
Mr. Woodbury asked if the Town of Ellicott would be
willing to be the owner of the sign would that be possibility. Mr. Cimo asked
if other clubs could put their emblems on the sign. Mr. Olson said as long as the Rotary is paying for the sign they
would like just the Rotary emblem on the sign.
Attorney Wright stated there are two issues for this
application. The first is if the sign is allowed to be there and if any of the
exemptions apply and the second would be to look at the area variances and make
a determination on those.
Mr. Woodbury said that the Board couldn’t make any
determination because this application must go to the County Planning Board for
review. He also said that he thought the Rotary Club might want to talk to the
Patals, owners of the possible motel.
Motion made by Kevin Saff, seconded by Ang Cimo to
have Chairman Steve Hoglin send this application to the Chautauqua County
Planning Board for review.
Carried. Ayes-7 Noes-0 Absent-0
SEPTEMBER 30, 2004
PAGE SIX
Motion
made by Pat Martonis, seconded by Kevin Saff to adjourn the meeting at 9:00
P.M.
Carried. Ayes-7 Noes-0 Absent-0
______________________________________
Valerie
Pierce, Secretary