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 ON FEBRUARY 5,
2001 AT 7:30 P.M.
PRESENT: Vice Chairman Al Suchar,
John Leamon, David Remington, Kevin Saff, Steve Hoglin,
Attorney William Wright and Code Enforcement Officer Randy Woodbury
ABSENT: Robert Thomas and John
Merchant
Vice Chairman Al Suchar called the meeting to order
at 7:30 P.M.
Attorney Wright informed the Board that their first
order of business was to elect a new chairman for the Board since Chairman Dave
Smith had resigned as of December 31, 2000.
Kevin Saff
nominated Al Suchar as Chairman. There
were no other nominations. John Leamon
seconded the nomination and the Board unanimously voted Al Suchar as Chairman
of the Zoning Board of Appeals
Chairman
Suchar asked the Board members to elect a Vice Chairman. Kevin Saff nominated
David Remington as Vice Chairman. Steve
Hoglin seconded the nomination. The
members unanimously voted Dave Remington as Vice Chairman.
Attorney
Wright swore in all present that would be testifying before the Board.
No one
appeared for the Bush Furniture Outlet sign variance. The Board decided to move
them to the end of the agenda to see if anyone would appear.
Chairman
Suchar opened the public hearing for Jean Holton, 3389 Old Fluvanna Rd.,
Jamestown, NY for a special use permit to operate a real estate office in the
basement of her home.
Ms. Holton briefed the Board members on her proposed
office and told them she would have no employees. If the business grew she would be going off site. Mr. Suchar asked the approximate size of the
office. It will be 550 square feet
which is about half of her basement. It
has a private entrance and a driveway up to the entrance of the basement.
Some of the Board members had concerns about the
traffic but Ms. Holton assured them there would be no on street parking. She told them she could not foresee more
than two additional cars at any one time.
Attorney Wright asked Mr. Woodbury if this project
would bring up any fire and building code issues. Mr. Woodbury asked Ms. Holton if she planned on any construction
at this time. She told the Board that
she did not have any plans for construction.
FEBRUARY 5,
2001
PAGE TWO
Mr. Woodbury did not think this would trigger any
fire and building code issues but explained that he would make an inspection of
the office and research if Ms. Holton would need to come for site plan review
if the variance were approved. He felt that the variance was the first step in
the process. Attorney Wright agreed.
Councilman
Allan Hendrickson asked if additional employees would
be allowed if the Board granted the special use permit for this home
occupation. Attorney Wright reviewed
section 146-5 of the Town code that defines home occupation as any use
customarily conducted entirely within a dwelling and carried on by the
inhabitants thereof. Again, Ms. Holton told the Board that she would not have
any additional employees at the office in her home. If her business grew she would be going offsite.
Al Suchar asked Ms. Holton if she would have a sign
and what the size of the sign would be.
She would be allowed a 2 square foot sign according to the code.
Chairman Suchar asked if any of the neighbors had
concerned. There were no neighbors
present and Ms. Holton said no neighbors had approached her with concerns.
The Board members continued with the short form EAF
provided by the applicant. Attorney
Wright stated that this action would not exceed any Type I threshold in 6
NYCRR, Part 617.4 and would not receive coordinated review.
The Board
noted on Part II C that traffic was a concern and would be limited. Most of Ms.
Holton’s business would be conducted by phone. Attorney Wright stated that this
proposed project is not in a critical environmental area. The Board members
determined that this proposed project would not result in a significant adverse
environmental impact.
Motion by John
Leamon, seconded by Kevin Saff to have Al Suchar check the box that states
their determination and sign on behalf of the Zoning Board of Appeals.
Carried. Ayes-5 Noes-0 Absent-2
Motion by
Kevin Saff, seconded by Steve Hoglin, to approve the two year special use
permit for Jean Holton for a real estate office in her home with the
understanding that the traffic would be limited and if any employees were added
she would be required to come back before the Board or go off site.
Carried. Ayes-5 Noes-0 Absent-2
Chairman
Suchar opened the public hearing for Berg Investors, 1001 Fairmount Ave., W.E.,
Jamestown, NY for a variance for a wall sign on the Raymour and Flanigan Store.
ZONING BOARD
OF APPEALS
FEBRUARY 5,
2001
PAGE THREE
Dave Pelow,
store manager for Raymour and Flanigan, explained the reasons that they wanted two wall
signs on the building was because potential customers traveling along Fairmount
Ave did not know where the store was.
The wall sign they now have is on the front of the building, which faces
Southwestern Drive. The store is set back from the road and there is nothing on
the north side of the building to define which building is Raymour and
Flanigans store. Mr. Pelow provided
photos for the Board members.
Code Enforcement Officer Randy Woodbury explained to
the members that the variance was needed because they wanted two signs. The total area of both signs did not exceed
the allowable square footage.
Discussion followed on the number of signs. Some of the members had a concern that they
would be allowing four signs for this applicant. They already have two pole signs (one on Fairmount Ave and one on
Southwestern Drive) plus the wall sign on Southwestern Drive. The pole signs are not obstructed and the
wall sign would be illuminated.
Attorney Wright reviewed the criteria for the
granting of an area variance. The Board
reviewed each of the criteria noting that this sign would not:
1)
result
in an undesirable change in the character of the neighborhood
2)
benefit could be achieved by moving the sign from the other side
3)
variance is not substantial
because the total area of both signs does not exceed the allowable area
4)
this will not have a adverse impact on the neighborhood
5)
this was not self-created
The Board members had a brief discussion on the
alternatives. Mr. Pelow did not think
that moving the sign facing Southwestern Drive was an option because it was on
the front of the store. Several members agreed that this was a unique situation
because of the location of the store.
It sits back from the corner.
Attorney
Wright informed the Board members that this is a type II action and is exempt
from environmental review according to Section 617.5 (c) (7) of NYCRR.
Motion by
Kevin Saff, seconded by John Leamon, to approve the sign variance for Berg
Investors, for a second wall sign at the Raymour and Flanigan store, 1001
Fairmount Ave., W.E., Jamestown, NY because of the uniqueness in the location
of their store and because the total
area of the two signs does not exceed 100 square feet.
Carried. Ayes-4 Noes-1 (Remington) Absent-2
Attorney
Wright suggested that the Board members hear the variance for Wegmans and Home
Depot together.
ZONING BOARD
OF APPEALS
FEBRUARY 5,
2001
PAGE FOUR
Chairman
Suchar opened the public hearings for Wegmans and Home Depot, 945 Fairmount
Ave., W.E., Jamestown, NY for an area variance for a sideline variance of zero.
Eric Porter,
Senior Designer from Metzer Civil Engineering briefed the Board on the
project and reasons for the sideline variance request. The buildings will not have a common wall
but could have up to zero setback.
Attorney
Wright asked Code Enforcement Officer Randy Woodbury to comment on the fire and
building issues. Mr. Woodbury assured the
Zoning Board that all codes would be met and that the applicant had to address
them before the Planning Board meeting on the 21st. They would make
the decision before that as to the actual set back distance. If the Board would grant the zero setbacks
it would avoid the applicant from coming back.
The Board members reviewed the criteria for an area
variance and felt it had been met.
Attorney Wright said this project is exempt from environmental review
under Section 617.5 (C) (7) of NYCRR.
One neighbor was present and had concerns about the
lighting and Attorney Wright told him that was an issue for the Planning Board
and would be discussed at their meeting on February 21st.
Motion by John
Leamon, seconded by Steve Hoglin, to grant the area variance for the side line
variance for Wegmans and Home Depot for the minimum necessary up to zero feet
to be determined pursuant to the fire and building codes.
Carried. Ayes-5 Noes-0
Absent-2
Motion made by
Dave Remington, seconded by Kevin Saff to table the sign variance request for
Bush Furniture Outlet until the March meeting.
Carried. Ayes-5 Noes-0 Absent-2
Motion made by
Dave Remington, seconded by John Leamon to approve the minutes of the December
4, 2000 meeting.
Carried. Ayes-5 Noes-0 Absent-2
Motion made by
John Leamon, seconded by Dave Remington to adjourn the meeting at 8:40 P.M.
Carried. Ayes-5 Noes-0 Absent-2
________________________________
Valerie
Pierce, Secretary