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
NOVEMBER 27, 2006 AT 7:00 PM.
PRESENT: Chairman
Steve Hoglin, David
Remington, Angelo Cimo, Pat Martonis, Kathy Hedstrand, Attorney William Wright,
Code Enforcement Officer Randy Woodbury, and Secretary Pam Vanstrom.
ABSENT: Richard
Keefer and John Merchant
Chairman
Hoglin opened the meeting at 7:05 PM and Secretary Vanstrom called the roll.
Motion made by
Kathy Hedstrand, seconded by Ang Cimo to approve the minutes of the October 30,
2006 meeting.
Carried. Ayes – 5 Noes – 0 Absent – 2
Attorney Wright
swore in all present that would be giving testimony at this public hearing.
Chairman
Hoglin opened the Public Hearing for Falconer Enterprises, LLC (Harley Davidson
of Jamestown) for sign variances at 1951 East Main St., Falconer, NY.
Brian Reid, representing
Harley Davidson, said Mr. David Reid was present at the last
meeting and proposed dropping the signage down to a much smaller square footage
and to add a clock to the building.
They have eliminated the large circles around both signs on the west and
north sides of the building, which decreased the square footage more than
half. By eliminating the circle they
decreased the square footage to 51 SF per side. They added a clock, with no
sign within the clock, to the north side of the building. Harley Davidson would not approve the sign
within the clock because of the Trade Mark signs. There are still two shields,
one the north side and one on the west side along with the clock. The “Harley
Davidson of Jamestown” sign stayed the same at 82.3 SF. Mr. Reid told the Board
that he was informed by the architect that the actual sign, when incorporated
into the Harley Davidson official sign, would be smaller. The signs will be
illuminated. Both shields will be at a height of 35 feet. Mr. Reid had a rendering
of what was proposed at the last meeting but did not have the new updated photo
with the clock incorporated that he had received from the architect.
Pat Martonis asked what
the excess square footage is now because before it was a 38.3 SF. Attorney Wright
stated the Board determined at the last meeting they would be allowed 270
SF. Now they would need a variance just
for the number of signs.
Attorney Wright reviewed
section 146-67 4 E, which allows one wall projecting sign or one ground sign in
a mercantile or shopping center districts. In buildings where there are
multiple tenants you are allowed to have a ground sign that is common to the
tenants and a wall sign for each of the tenants. This is a single occupancy and
there is no ground sign proposed so the Board determined that while there is
not a specific size stated in the code that meets what this applicant is
requesting the best thing is to use the requirement of 1 ˝ square foot for each
linear foot of building frontage.
Even if the square footage
is met the applicant needs a variance for the number of signs from one sign to
three signs. The variance would be an
area variance under 267 B of the Town Law, which is the balancing test where
the Board considers the benefit to the applicant is the variance is granted
versus the detriment to the rest of society.
Mr. Wright reviewed the criteria for the Board members.
Attorney Wright stated
that while there is no height restriction on a wall sign under the code there
is a height restriction on a ground sign of 30 feet. There is no restriction on
the wall sign because there is no restriction on the height of the wall. In this case an area variance was granted
for the height of the building. Mr. Wright thought is was significant for
consideration of the Board because the sign is proposed to be on the portion of
the building, which has a variance regarding height.
Mr. Reid said the
reasoning behind seeking a variance for the height of the building tower is
because it is significant to the appearance of the architect’s design and an
attraction coming from the expressway.
Attorney Wright said it certainly merits consideration by the Board
because the tower already in and of it self is certainly going to draw visual
attention.
There were no neighbors
present and there was no correspondence received by the Town for this
application.
Pat Martonis asked how
high some of the ground signs are in the Town such as the Kwik Fill and the
motels. Randy stated that some of the
signs along I-86 are 200 feet in height and received variances for their signs.
She asked if one of the considerations for the height of the sign is the
visibility from I-86. Mr. Reid said
that is a valid consideration but he thought it was more important for the
signature of the building. He did not
know if that height at the exit of I-86 would accomplish that and if they
wanted that he would be asking for a sign like the one at Comfort Inn. Attorney Wright said their argument was that
they needed a sign that was high enough and would provide the drivers an
opportunity to see the sign and be able to react at that exit. Mr. Reid stated the look of these signs
would be better for the size of the building.
Steve Hoglin asked how
important it would be for the bar and shield signs to be at 35 feet versus 30
feet. Mr. Reid said it does have importance because of the clock underneath it
and of the limited amount of space. The
“Harley Davidson of Jamestown” sign will actually be smaller. Mr. Wright asked
if they could put the clock over the sign. Discussion followed on if the sign
should be over or under the sign. Mr.
Reid said Harley Davidson looked at it as a Trade Mark infringement. He said he honestly was trying to keep the
sign as high as possible and having the sign on the building would look better
than having a pole sign. Harley Davidson actually require both a pole and wall
sign but corporate will realize the restrictions are placed by the Town because
of the code. They would like to keep
the sign on the top because they are doing the clock as a community benefit.
The sign on the top would be a greater benefit to them and would be more
attractive. He did ask Harley Davidson to have just the clock on the one side
and the sign on the other but again they thought it was a Trade Mark
infringement. Attorney Wright said if they eliminated the sign on the side with
the clock they would reduce the requested number of signs from three to two and
would only be asking for a variance for one additional sign. Mr. Reid said they
would consider that but would then consider the clock on the west side and the
sign on the north side and that would hide the clock except from the people
coming out of Falconer. If they were going to the expense of a clock they would
like it to be used by as many people as possible.
Kathy Hedstrand said they
have eliminated the ground sign and that should be a consideration. She stated
there are other pole signs higher than the 30 feet.
Chairman Hoglin said this
application as presented is a request for three signs with a total square
footage of not more than 184.3 SF. Mr.
Reid said they would consider the clock on the west side in lieu of the bar and
shield but would like to leave it as presented.
Attorney Wright asked Mr.
Reid what their schedule is and if they would want the Board to hold this
application until the next meeting to present his drawing.
Mr. Reid said they are
already behind but they hope to break ground March 1st and are
really trying to get Harley Davidson to give their next level of approval for
the architect. They cannot move forward
until they have a finished approved lighting plan and the sign approval.
Mr. Reid requested the
Board to table this application so he could bring in the drawings for the
Board. Chairman Hoglin asked Mr. Reid if he was going to bring drawings if he
could bring a drawing with the bar and shield signs shown at 30 feet. He would also like to see the clock on the
west side with the bar and shield at 30 feet. Another request would be to swap
the clock to the top leaving the shields at 30 feet. Mr. Reid said he would
also show the drawings with the signs proposed at 35 feet.
The Board members thanked
Mr. Reid for reducing the signs because they did what they had asked them to
do. Mr. Hoglin stated it is the responsibility of the Zoning Board to grant the
minimum variance.
Randy Woodbury stated the
next meeting would probably be in January because of the holiday. Attorney
Wright said it would be early in January. Pat Martonis stated if would not be
fair to the applicant to wait so it should be earlier in January.
Chairman
Hoglin opened the Public Hearing for a renewal of a Special Use Permit for SBA
Properties, Inc. at 3108 Eckman Road, Jamestown, NY for a cell tower.
Randy told the Board that SBA Properties called him this afternoon and are still working on the required reports and requested to come in January. He told the applicant the neighbors had been notified and if there were any comments the Board could address any concerns. He has not received any complaints about the SBA tower but he told the Board they are approximately one cycle behind in their renewal.
Attorney Wright asked if the tower went up under the new code that required the posting of the bond and bi-annual structural evaluation. Randy said those revisions were done in 2002 and this tower was done in 2001. Kathy Hedstrand asked if the tower is subjected to the new laws and Attorney Wright stated that all cell towers are subjected to the new laws.
There were no neighbors present and no correspondence received by the Town for this application.
Attorney Wright said the Board should note the non-appearance of the applicant for the record and note the Zoning Board has not started its consideration of this application. The Board will not table this because it is a non-consideration at the request of the applicant.
Chairman Hoglin opened the
Public Hearing for Shauna Benson, 120 Lakeside Blvd., for a variance for an
extension of house/garage with less than the required 5-foot setback.
The applicant did not appear. Kathy Hedstrand noted the application was not signed by the applicant and asked if it needed to be signed. Mr. Wright said that would not be an issue. Attorney Wright asked if Randy had any conversation with the applicant. Randy did not know why they did not appear. Attorney Wright stated the Board could not take any action until the applicant appears before the Board but could hear testimony. The Board did not have enough information to consider the area variance.
Pat Martonis asked if this house already has a two-car garage. Randy said the extension would run north to south and would be towards the lake. Randy said the owner does not have permission to do anything at this point and they have erected a fence without a permit.
Daisy Russell, 114 Lakeside Drive, owns the property right next to the Benson property. She told the Board that her property is up for sale and one of the selling points is that there is room to add on. She is concerned that the approval of this area variance would make it more difficult for her to sell her property. She had placed a letter on file with the Town Clerk’s Office asking the Board to deny this application. Ms. Russell said a large metal dog kennel was erected on the property this last year that came out from the garage towards the lake, which is where he wants to put the addition. She asked if the dog kennel required a variance. She has concerns with the appearance because the things done in the past are unsightly, the obstruction of their view of the lake and the devaluation of her property.
Motion made by Kathy
Hedstrand, seconded by David Remington to table the application of Shauna
Benson, 120 Lakeside Blvd., for an extension of the house/garage with less than
the required 5 foot setback pending the appearance of the applicant.
Carried. Ayes - 5 Noes – 0 Absent –2
Motion made by Kathy
Hedstrand, seconded by Pat Martonis to adjourn the meeting at 8:00 PM.
Carried. Ayes – 5 Noes – 0 Absent – 2
__________________________
Pam Vanstrom, Secretary