MINUTES
OF A SPECIAL MEETING OF THE TOWN OF ELLICOTT ZONING BOARD OF APPEALS HELD AT
THE ADMINISTRATION BUILDING, 215 SOUTH WORK STREET, FALCONER, NY ON MARCH 5,
2001 AT 7:30 P.M.
PRESENT: Chairman Al Suchar, John
Leamon, David Remington, Robert Thomas, Kevin Saff,
John Merchant, Steve Hoglin, Attorney William Wright and Code
Enforcement Officer
Randy Woodbury
ABSENT: None
Chairman Al Suchar called the meeting to order at
7:30 P.M and the Secretary called the roll.
Attorney Wright swore in everyone that would be
testifying at this meeting.
Chairman Suchar opened the public hearing for Bush
Furniture Outlet, 685 Fairmount Ave., W.E., Jamestown, NY, for a area variance
for a additional sign.
Ronald Nordstrom, from Hanson Sign Companies
presented photos and plans for the two illuminated wall signs. One sign would be on the west fascia (toward the
strip center) and one on the north fascia (facing Fairmount Ave). They will remove all existing exterior signage.
He explained to the Board members that this is a
stand-alone building and upon Schutt’s vacating the building Bush Outlet
Furniture will be the only tenant. They
anticipate that Schutt’s will be relocating in early spring. They would like to re-identify the building
immediately with the new signage.
They will be remodeling and making the Fairmount
Avenue side the new entrance. The
primary sign will be centered on the fascia above this new entrance. That sign
will be approximately 144 square feet and the sign facing the strip will be 48
square feet. They also have
representation on the plaza ground sign along Fairmount Ave.
Attorney Wright reviewed the new sign code for the
Board members and explained that each occupant is allowed one sign that is
limited in size based on linear frontage.
Code Enforcement Officer Randy Woodbury told the Board that based on the
code the applicant would be allowed a sign that could be 375 square feet. The variance is needed because they wanted
two signs.
Discussion followed between the Board members,
Attorney, Code Enforcement Officer and Mr. Nordstrom.
Kevin Saff asked if they would be willing to change
the size of the sign. They reviewed changing the sign size or eliminated the
sign on the west side. Mr. Nordstrom
stated he felt Bush would not want to eliminate the second sign and they would
like to utilize the cabinet sign they already have.
John Leamon stated he felt the sign were astatically
pleasing and would not be offensive.
This building is unique because it is a stand-alone building within the
Plaza.
MARCH 5, 2001
PAGE TWO
David Remington stated he is normally against two
signs on one business but because of the uniqueness of this building he could
vote for the approval of this variance. Most of the other members agreed.
Attorney Wright said this proposed action is exempt
from SEQR as a Type II action.
Kevin Saff made a motion to grant an area variance
for a second sign on the westerly side of
Bush Outlet Furniture, 685 Fairmount Ave., taking into consideration the
uniqueness of the building and with the understanding it will be placed at the
time of renovation.
Bob Thomas seconded the motion.
There was discussion on the non-compliant sign
already on the roof of the building.
Mr. Nordstrom said he thought Bush would be willing to remove the sign
within 30 days.
Kevin Saff amended his motion to add that the
existing sign would be removed, refurbished and replaced within 30 days. Mr. Thomas seconded the amended motion.
Carried. Ayes-7 Noes-0 Absent-0
Chairman Suchar opened the public hearing for Vernon
Carlson for a special use permit for two 4-unit apartment buildings on Fluvanna
Avenue Ext. on property owned by Jerry Waite.
Steve Carlson presented plans for the multiple
dwellings. He reviewed the proposed
project for the Board members. He
explained the reasons for choosing this location. The property has both public sewer and electric service. They would have to drill a well. Each unit would be 28’ x 60’ with two
apartments up and two apartments down.
Each unit would have it’s own laundry and storage. They hope to get income of $625 per month
from each apartment.
Attorney Wright reviewed section 146-64 of the Town
code with the Board and explained that it gave them to authority to require any
conditions and safeguards they deem appropriate in granting the special use
permit. The Board members also reviewed
the criteria for the area variance.
Fred Schrader, 3368 Old Fluvanna Rd., Jamestown, NY,
had several
concerns with this project. As an adjacent landowner he had concerns that it
would affect his water supply, about the sewer, and that they would destroy the
wooded area in the neighborhood.
Richard Nelson, 6665 Old Fluvanna Rd., Jamestown,
NY, had
concerns about the water supply.
A letter was also placed on file that had been
received from Mrs. Francis (Doris) Mullen, 3354 Old Fluvanna Rd., Jamestown,
NY, stating her concerns with this project. She felt it would put a strain on the water wells in the area and
could lead to more water run off onto her property.
MARCH 5, 2001
PAGE THREE
Discussion followed on these concerns. Mr. Woodbury explained to the residents that
these were site plan issues that would be addressed. He said the building
inspector has to have adequate information on water issues and the appropriate
parties would address them.
Attorney Wright stated that the water is not an
issue for this Board. Chairman Suchar
asked if the neighbors had other issues for this Board. Noise and the fact that the neighbors would
prefer a one or two family unit to multiple units were brought before the
Board.
Attorney Wright asked Mr. Carlson if he had an
option to buy this property and told him the Town would need a copy of the
option to buy.
Chairman Suchar polled the Board members before
continuing with the EAF to see if they would be in favor of granting the
special use permit. Steve Hoglin, Bob
Thomas, John Merchant and John Leamon stated they thought they could grant the
permit. Dave Remington and Kevin Saff stated they did not think they could
grant the permit with the neighborhood residents concerns.
The applicant had not filled out an EAF so the Board
continued with the next application to give them time to complete the EAF form.
Chairman Suchar opened the public hearing for
Kenneth and Patricia Strong, for a review of the Code Enforcement Officer’s
determination that the building they were constructing on Wilson Street in
Falconer needed a variance. Mr.
Woodbury determined that this was a storage warehouse and was not allowed in a
mercantile zone without a variance.
Discussion followed on the clarification of the building and Mr. Woodbury told the Board that according to section 146-18 of the Town code excludes structures that are designed to be used for industrial use and Section 146-38 that defines a storage warehouse as industrial use.
The Board, Mr. Erickson, Attorney Wright and Code
Enforcement Officer Woodbury discussed if this building could be considered an
accessory building or a garage.
The Board members were in agreement that Mr.
Woodbury’s determination was correct and Attorney Wright said that Mr. Strong
would have to request a use variance. Mr. Strong would have to prove hardship
in order to be granted a use variance. The Board has required financial
evidence from other applicants. The
applicant must meet all the criteria for a use variance.
Mr. Woodbury said that Mr. Strong would like the
opportunity to appear with legal council to request the use variance.
PAGE
FOUR
Motion made by Dave Remington, seconded by Kevin
Saff to table this application for a use variance until Mr. Strong can appear
with legal council.
Carried. Ayes-7 Noes-0 Absent-0
The Board continued with the EAF from Mr.
Carlson. Attorney Wright stated that
this proposed project would not exceed any Type I thresholds in 617.4 NYCRR and
would not receive coordinated review.
In reviewing Part IIC the Board noted :
1)
that
ground water was an issue and that appropriate tests would be done
2)
concern
was raised about the change in the neighborhood character by putting up four
units apartments instead of 1 or 2 units which are allowed
3)
the
property is unique because has public sewer
Attorney Wright stated this property is not in a
critical environmental area. The Board
determined that this proposed project would not have an adverse environmental
impact.
Motion
made by Bob Thomas to approve the special use permit for Vernon Carlson, for
two 4-unit apartments on Fluvanna Avenue Ext.
Chairman Suchar called for a second to the motion
twice. Not hearing a second the motion
failed.
Motion made by Dave Remington, seconded by John
Leamon to approve the minutes of the February 5, 2001 meeting.
Carried. Ayes-7 Noes-0 Absent-0
Motion made by Kevin Saff, seconded by Dave
Remington to adjourn the meeting at 9:30 P.M.
Carried. Ayes-7 Noes-0 Absent-0
_____________________________________
Valerie Pierce, Secretary