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 DECEMBER 10, 2007 AT 7:00 PM.

PRESENT: Chairman Steve Hoglin, Dave Remington, John Merchant, Angelo Cimo, Rick Keefer

Kathy Hedstrand, Attorney William Wright and Secretary Valerie Pierce

ABSENT: Patricia Martonis and Code Enforcement Office Randy Woodbury

Chairman Hoglin opened the meeting at 7:10 PM. Secretary Pierce called the roll.

Motion made by Ang Cimo, seconded by Rick Keefer to approve the minutes of the November 9, 2007 meeting.

Carried. Ayes – 6 Noes – 0 Absent - 1

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

Chairman Hoglin reopened the Public Hearing for Dunn Tire for a sign variance at the Fairmount Plaza, 685 Fairmount Ave., W.E., Jamestown, NY.

The applicant had requested that this be tabled until the January meeting.

Mr. Hoglin reopened the Public Hearing for Robert Holcomb, 31 Frederick Blvd., W.E., Jamestown, NY for a backyard setback variance for a replacement garage.

Attorney Wright told the Board that Mr. Holcomb has had some health issues and had talked to the Town Clerk. He requested that this be tabled until the January meeting. Mr. Wright said he also had talked to Mr. Holcomb’s attorney. This application was tabled for additional information at the last meeting so without action it stays on the table.

Chairman Hoglin reopened the Public Hearing for Dawn Thompson (Dawn’s Canine Rescue), 3710 Ross Mills Rd., Falconer, NY 14733 for a renewal of her Special Use Permit to operate a canine rescue.

Secretary Pierce provided copies of the fax that was received from Dawn Thompson that requested this be rescheduled for the January meeting because of health issues.

Attorney Wright stated that at the last meeting Dawn had indicated that she did have some health issues and was going to have some tests and procedures and could not direct when they would be done.

Motion made by John Merchant, seconded by Ang Cimo to table this application until the January meeting at the applicant’s request.

Carried. Ayes – 6 Noes – 0 Absent – 1

Attorney Wright asked if the Town had received any additional information on the land transfer. As far as the Town understands the property transfer has not taken place. There was a brief discussion on the land that was to be transferred.

Chairman Hoglin opened the Public Hearing for Red Roof Inns, 1980 East Main Street Ext., Falconer, NY 14733 for a sign variance for an addition to their Hi-rise sign.

Mr. Greg Surrena, General Manager, and Cheryl Billo, Vice President of Operations, explained to the Board why they needed an addition of a price panel to their Hy-rise sign. It does not flash but stays illuminated as long as the sign is illuminated, which is usually from dusk until dawn.

Mr. Surrena listed the following reasons this is critical to their business:

1) unlike their competitors they do not have billboards that would give them an opportunity to

advertise their room rates – both Best Western and Hampton Inn has billboards

southbound and northbound along Route 62 and Route 60 – prime location billboards are

not available at this time

2) their smaller Mar-key signage adjacent to Route 394 is not visible to travelers off I-86 nor

can they advertise the room rate on that sign

3) most of the hotels in the Jamestown area are located at Exit 12, which is the primary exit for travelers and tourists coming into the area – they are at Exit 13 thus making it harder to compete for local tourists – adding the price panel to their sign will give the tourist a pricing point to chose them instead of the other hotels

4) they have a company (Smith Travel) that put together competitive – the fair share for occupancy for the market is 100% - the last 28 days they have been at 81% - they are not getting their fair share of the market in this area

Mr. Gail Kelley, Erie Sign Corporation, told the Board that they did the original sign for Motel 6. Mr. Kelley was involved at the time the approvals were done for Motel 6. Mr. Wright stated in 1996 an area variance was approved for Motel 6 allowing the sign to go to 95 feet. Nothing was found that states 105 feet, which is what they say it is now. Mr. Kelley said that it could be 95 feet; he was just going by memory. Attorney Wright remembers that at the time they had a crane and they had a sign replica and photos were shot in both directions. It was the first such sign variance that the Zoning Board had done. Attorney Wright said that he could not find any variance for the size of the sign that is permitted to be 100 SF and is over 260 SF already. He asked Mr. Kelley if he knew if there were any additional variances for the sign. Mr. Kelley said that he did not believe so. He had tried to go back in their files but they had eliminated some files because they moved their office. He said they would not have put anything up without approval. When the Red Roof Inn sign replaced the Motel 6 sign is was a little smaller. The Motel 6 sign had a price panel as part of the sign.

Discussion followed on the sign.

- Ang Cimo asked if the sign could be seen from I-86 – Mr. Surrena stated the sign is visible

they have a variance for the existing sign

- Mr. Surrena said that price panel does increase the size of the sign but does not increase the

height of the sign - Mr. Kelley said they are coming down 3’ 4” from the bottom of the sign -

it will attach to the pole - it will be the exact width of the existing sign and will look like

part of the sign even though it is a separate sign - the red LED price panel will not overpower

the other sign because the existing red sign with white lettering is illuminated.

- Ang Cimo asked if they could replace the existing sign with a new sign the same size that

would have the price panel built in without adding more to the square footage - Mr. Kelley

stated if you cut down the size of the letters then the visibility is not as good - you want

to catch people before they get to the ramps -it would be a big expense to downsize,

approximately $20,000 to $30,000.

- Mr. Surrena stated that the sign will not be flashing and will be illuminated as long as the

sign is on

- Dave Remington asked how far you could see 30-inch letters at 65 MPH - Mr. Kelley said

approximately 1500 feet.

- Rick Keefer asked how the sign would be repaired or changed - Mr. Kelley stated LED’s last

a long time and are changed by remote control

Attorney Wright said the Board is looking at an on-premises advertising sign in a mercantile area. The original restrictions on the sign were:

1) the maximum height of 30 feet and a maximum size of 100 SF - the sign that is currently

there exists by two area variances – the current height of the sign is 105 feet and is 267.75

SF – the Board is looking at a modification of the size area variance previously granted –

2) Mr. Kelley said that if that sign were not there Red Roof would not have anyone pull off the interstate – Mr. Surrena stated that about 25 % of their business is walk-ins and they are looking to increase that percentage

3) the height of the sign, that was granted 11 years ago, is still visible even with the tree growth

Mr. Wright stated this is exempt from SEQR. This does not impact the height so they do not need a variance for the height just the square footage.

Attorney Wright read from the minutes of the Zoning Board minutes of December 2, 1996, which stated the rational that was given for the approval.

- the topography of the land – the overpass and setback from the road – and lowness of the lot

- the future growth of the trees – the need of a higher sign to provide better visibility and safety to the drivers

- the applicant had provided numerous photos from various locations showing how the sign was obstructed as well as the height they needed to be clearly visible – originally they asked for 80 feet and then raised it to 95 feet

There was no correspondence to the Town Clerk’s office and no one present for this application.

Rick Keefer stated they needed a response from the County Planning Board. Chairman Hoglin stated that they had received a response and the County Planning Board saw no impacts and stated this was a project of local concern.

Motion made by John Merchant, seconded by Kathy Hedstrand to approve 206.08 SF area variance for Red Roof Inns, 1980 E. Main St. Ext., Falconer, NY, for additional signage on the bottom of their sign for pricing. The height will not be affected.

Denied. Ayes – 2 Noes – 4 (Hoglin, Remington, Cimo and Keefer) Absent – 1

Chairman Hoglin opened the Public Hearing for Michael Rinyu, 3462 Old Fluvanna Road, Jamestown, NY for a Special Use Permit for a small home office for Mik’l Electrical Contracting.

Mr. Rinyu told the Board that this would be a small office to accept mail, take phone calls and do billing.

Discussion followed:

- the percentage of the house devoted to this purpose will be approximately 100 SF – the total SF of the house is approximately 1800 SF

- this is a one family house – Mr. Rinyu lives there with his parents

- there will be no equipment at the house – he will use his personal vehicle – he will get his materials as needed per job

- there will be no signage

- Mr. Rinyu is not a licensed electrician – he plans to take the test for the City of Jametown – he does not need a license to run a business – the license is required to do work in the City of Jamestown – the majority of New York and Pennsylvania does not require a license – Attorney Wright stated it is the General City Law of the State of NY that requires a license

- He will attract business by word-of-mouth and the newspaper – the ads will not direct people to come to the residence – they will provided just a telephone number

- Mr. Rinyu is located three homes west of the War Vets on Old Fluvanna Road

- no employees

Secretary Pierce stated there was no correspondence received for this application. There were no neighbors present.

Motion made by Rick Keefer, seconded by Ang Cimo to grant the Special Use Permit for a small home office for Mik’l Electrical Contracting at 3462 Old Fluvanna Rd., Jamestown, NY for two years.

Mr. Hoglin explained to Mr. Rinyu that after the first two-year permit he could request a longer period of time for the renewal.

Attorney Wright reviewed the strict criteria for a home occupation permit for the applicant.

- a home occupation is a Special Use Permit

- it can’t have any employees except for the residents of the home

- it can’t have any visible signs larger than a 2’ by 2’ of business being conducted

- there can be no vehicles parked on site with any advertising

- there can’t be any customers in and out of the house

- the home occupation permit can be granted for different periods of time with the exception of the first time – the first time the Board grants the Special Use Permit it cannot grant it longer than a period of two years – on the first two-year renewal the Board has the authority to grant it for a longer period of time

Attorney Wright stated that this is a Type II action and exempt from SEQR.

Mr. Wright thanked Mr. Rinyu for coming in and stated that this was the way things were supposed to happen. The Town does not like to find out that he was conducting business in his home and that he had not came before the Board. The Board appreciates that.

Mr. Hoglin asked Mr. Rinyu to keep tract of the two-year period and apply for a renewal. The Town is trying to get something in place that will remind the Town the renewal is due but that is not in place yet.

Motion made by Kathy Hedstrand, seconded by Rick Keefer to adjourn the meeting at 7:50 PM.

Carried. Ayes – 6 Noes – 0 Absent - 1

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Valerie Pierce, Secretary