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 MAY
22, 2006 AT 7:30 PM.
PRESENT: Chairman
Steve Hoglin, Dave Remington, Angelo Cimo, Pat Martonis, Kathy Hedstrand,
Attorney William Wright, Code Enforcement Officer Randy Woodbury and
Secretary
Valerie Pierce.
ABSENT: John Merchant and Rick Keefer
Chairman
Hoglin opened the meeting at 7:30 PM and Secretary Pierce called the roll.
Motion made by
Dave Remington, seconded by Ang Cimo to approve the minutes of the April 24,
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 reopened the public hearing for sign variances for Greater Buffalo
Savings Bank, 870 Fairmount Ave., W.E., Jamestown, NY.
Chris
McCaffrey requested to be moved down on the agenda since he needed to get some
photographs developed.
Mr. Hoglin
reopened the public hearing for RSA No. 3 Cellular Partnership d/b/a as Verizon
Wireless for a renewal for wireless facility originally granted January 7,
1991.
Randy Woodbury said Mr.
Burgdorf asked this application to be tabled.
They have issues with the wind load and with drainage. Mr. Burgdorf
agreed to set up a meeting with Media One and the Town of Ellicott. The Town would like to take ownership of the
parcel north of the driveway to the tower.
The Town with the help of Chautauqua County would modify that land so it
would become a detention area and control some of the runoff.
This application will stay
on the table. They are due for renewal in July and the monies that were in
escrow for engineering studies would be available until November of 2006.
Chairman
Hoglin opened the pubic hearing for Lynn and Gail Terry, 3018 West Oak Hill
Rd., Jamestown, NY, for an area variance for a 1600 SF detached garage.
Mr. Terry addressed the
Board noting:
1) he
needs a garage this size to store his vehicles and lawn equipment - he is
considering buying a dump truck.
2) he
has just a small shed so everything is under tarps to keep it out of the weather
3) the
garage would be vinyl sided to match the house
4) he
has planted 25 pine trees, four red maples and some Japanese maples to add
cover they lost when Mr. Aversa cleared the property line – two large trees in
the front were removed
5) he
did consider an old style barn but did not think that would be good in a
residential zone
6) this
proposed building would cost $11,000.00.
7) the
posts on this garage are 6’ x 6’ pressure treated and the garage will
eventually have a cement floor
Mr. Terry submitted a
photo of the type of garage, photos of other garages in the neighborhood and a
survey map of his property showing the existing structures and the location of
the new garage. He did not know the dimensions of the other buildings in the
neighborhood.
The neighbors were
notified and Randy said he did receive some response. The neighbors that may
have a comment wanted to see what the County had to say. The County needs to
review this project because it is within 500 feet of a County road and have 30
days from the day of the request to give their recommendation. The Zoning Board cannot act until they
receive comments from the County Planning Board. Randy said he did not have
enough information before this evening to refer this to the County. The
Planning Board can review this tonight and would be able to act on it at the
next meeting after they receive the County’s comments. Chairman Hoglin asked if
the Board members had any additional questions or concerns.
Pat Martonis asked why
some of the buildings were considered garages and some pole barns. Randy said
that pole barns are allowed in agriculture-residential zones but not in
residential zones. Attorney Wright said they are allowed by right only if it is
used for agricultural purposes. There
was discussion on the zoning and Randy said the only change that has been made
to that square of zoning is the mercantile zone that was extended from I-86
north to Moon Road. West Oak Hill Road
is zoned residential to Moon Road.
Mr. Terry is requesting
two area variances – one for the square footage (1600 SF) and one for the
number of cars that could be stored within – in a 40’ x 40’ garage you could
store up to 6 cars
Attorney Wright reviewed
the law for area variances noting:
1) this
is an area variance in a residential district – you are allowed to have a
private garage as
an accessory structure for storage of not more
than three motor vehicles in an area of not
more than
100 SF and in which no occupation for business or service for profit are
carried
on
2) the
Board needs to consider all the criteria under 267B of Town law – it is the
balancing test looking at the benefit to the applicant weighted against the
detriment to the neighborhood using the five criteria
3) this
is not a second garage
4) Mr.
Terry would not be able to store a dump truck if it were used for anything
other then his own personal use
Randy explained this is a
wood foundation garage rather than a pole barn. The wood foundations have
developed over recent years to become an acceptable foundation for places there
are not going to have a basement or crawl space and if they are built correctly
they make an excellent foundation.
The Board did not need
anything else from Mr. Terry but requested the dimensions of the other garages
in the area, which Randy will get for the Board.
Motion made by
Kathy Hedstrand, seconded by Pat Martonis to table this application pending
referral to the County Planning Board.
Carried. Ayes – 5 Noes – 0 Absent – 2
Chairman
Hoglin reopened the public hearing for signs variances for Greater Buffalo
Savings Bank, 870 Fairmount Ave., W.E., Jamestown, NY.
Chris
McCaffrey, Ulrich Sign Company, brought the actual sign
portion of what they are proposing to show the Board. The Bank logo has come
off the signs. Mr. McCaffrey brought
additional pictures of signs at other branches.
Attorney Wright said the
issue was the size of the sign. There is a provision in the code that
constitutes not only the written face of the sign but any other material or
color forming an integral part of the sign is included in the square footage of
the sign, excluding the necessary supports or uprights on which a sign is placed. Posts would not be included in the square
footage but a decorative base would be.
Randy said that Mr.
McCaffrey agrees with the total square footage of the signs. It is approximately 12 square feet. They are
asking for a variance of an additional 7.88 SF. The applicant’s application requested variances for four
directional signs to be 7.88 SF where the code allows 4 SF and did not include
the base in the total square footage of the sign.
Mr. McCaffrey showed
pictures of a mock sign he had on site to show the Board. It is 19 ½ feet from
the road and you can see over the top of the sign. The Bank does not want the
signs to impede anyone’s vision. They are there to help people in get in and
out of the property and to avoid accidents.
Mr. McCaffrey reviewed the
signage for the Board noting:
1) they
eliminated the “Enter” and “Exit” signs in the back
2) the
sign as you pull in from Fairmount Ave that says “Drive Thru 24 Hour ATM” was
changed by taking off the Bank logo and reduced to a 1’x 4’ compliant sign
3) the
2’ x 4’sign in the back, with three lines of copy, says “Parking” and “Drive
Thru 24-Hour ATM” – they eliminated the Bank logo on that sign
4) they
have “Enter” and “Exit” signs on Fairmount Avenue that are approximately 12 SF
5) the
“Right Turn Only” sign will be a DOT approved sign which will require a DOT
permit
Attorney Wright said there
are three area variances:
1) one
is for the directional sign in the back that is 8 SF where 4 SF is allowed
2) in
the front of the property there will be “Enter” and “Exit” signs that are
approximately 12 SF each where 4 SF are allowed – they are 14 ‘ off the ground
Mr. McCaffrey said the
four signs across the street at Lake Shore Bank are 6.25 feet each and do not
have a base. The supports for his signs
are welded to the base.
Dave Remington said that
when Mr. Ferrero owned the property he had an entrance off Fairmount Avenue and
it was changed to exit only. The entry to the Dairy Queen was only off Jackson
Avenue and the exit was right turn and left turn out of the driveway onto
Fairmount Avenue. Attorney Wright said it might have been a concession at the
Planning Board as well as with the NYS DOT to avoid bi-directional traffic.
Randy said Mr. Ferrero might have put the sign up himself because coming off
Fairmount would not have worked for his drive-thru. Attorney Wright said,
whatever the traffic pattern was, the Planning Board had approved it. Randy
said the most recent pattern has been approve and recommended by NYS DOT.
Attorney Wright reviewed
the law on area variances under 267 B of Town Law and said traffic signs are
exempt but the definition of an exempt sign under the code is a sign under 4
SF.
The Board had examined
safety issues and the NYS DOT requirements for the traffic flow.
Attorney Wright stated
this area variance is exempt from SEQR.
Motion made by
Ang Cimo, seconded by Kathy Hedstrand to approve the sign variances for Greater
Buffalo Savings Bank, 870 Fairmount Ave., W.E., Jamestown, NY for three signs
variances. One will be a 4-foot variance and two signs would have a variance of
8 feet each.
Carried. Ayes – 5 Noes – 0 Absent – 2
Chairman
Hoglin opened the Public Hearing for Nick Ferreri, 14 Merlin Ave., W.E., Jamestown,
NY for a set back variance to move the proposed building 10 feet to the north
and be 5 feet from the residential district line.
Mr. Woodbury explained the
Town Board changed the zoning for the parcels owned by Mr. Ferreri that are
just north of the Neighborhood Business Zone. There is an additional 40’ x 200’
of Neighborhood Business attached to Mr. Ferreri’s land. He promised the Town Board he would not put
any additional structures on that property and will now have a 45-foot
buffer. Randy had suggested to Mr.
Stapleton, Attorney for Mr. Ferreri, he may still want to come back to the
Zoning Board. Randy said that if anything changes that might have been a factor
in the Zoning Board’s decision the Zoning Board should take another look at it. Attorney Wright said from a legal
prospective the size of the property has effectively changed, which invalidates
every area variance Mr. Ferreri was granted.
The Board has the responsibility to look at the newly formed piece of
property because the Board has the legal obligation to grant the minimum area
variance possible.
Mr. Ferreri would have to
present a fully compliant plan that does not rely on any area variances to the
Planning Bard or he would have to appear before the Zoning Board next month.
Attorney Wright suggested the Zoning Board table the application for Mr.
Ferreri.
Motion made by
Pat Martonis, seconded by Dave Remington to table the set back variance request
by Nick Ferreri, 14 Merlin Ave., W.E., Jamestown, NY due to failure of any
representative or owner to appear.
Randy said that the word
“failure” should come out of the motion and he should take responsibility since
he did not tell the applicant they should appear.
Carried. Ayes – 5 Noes – 0 Absent –2
Motion made by
Kathy Hedstrand, seconded by Pat Martonis to adjourn the meeting at 8:40 PM.
Carried. Ayes – 5 Noes – 0 Absent – 2
______________________________________
Valerie
Pierce, Secretary