Preliminary Draft/Unapproved Minutes

 

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 MAY 29, 2002 AT 7:00 P.M.

 

PRESENT: Chairman Al Suchar, John Leamon, Bob Thomas, Dave Remington, Steve Hoglin,       

                     Attorney William Wright, Code Enforcement Officer Randy Woodbury and Town Clerk 

                     Michael Erlandson

 

ABSENT:    Kevin Saff and John Merchant

 

Chairman Al Suchar called the meeting to order at 7:00 P.M and Town Clerk Erlandson called the roll.

 

Attorney Wright swore in Mary Ann Loverme, 26 Dunham Ave., W.E., Jamestown, NY and John W. Schild, 3403 Brown St., Jamestown, NY.

 

Chairman Suchar opened the public hearing for Community Eye Care Specialists for a sign set back variance at 462 Fairmount Ave., W.E., Jamestown, NY.  No one was present to represent Community Eye Care Specialists.  Attorney Wright asked Mr. Woodbury if he knew the status of this application. He did not. The Board decided to move this down on the agenda to see if the applicant would appear.

 

Mr. Suchar reopened the public hearing for John W & Mary Schild, 3403 Brown St., Jamestown, NY for a variance for a set back and garage/apartment use.

 

Mr. Schild presented his plans for garage and apartment to the Board showing the set backs.  Mr. Schild is asking for 2 foot side yard setbacks. Mr. Schild stated that this property would not be used for rental property.  Mr. Woodbury stated he has reviewed the plans and has no problem with the variance since the fire department would have access to the property through a utility easement along Mr.Schild’s property.

 

Attorney Wright reviewed the sections of code for the approval of an area variance and section 146-7 of the Town code listing permitted uses in a residential zone. 

 

Discussion followed on the published notices and if they were adequate.  The Board and Attorney determined that the notices published and sent to neighbors were adequate.

 

The Board members also determined that the approval for this project should be for two separate issues. They should consider the garage set back variance and then a separate variance for the apartment above the garage. Mr. Schild would also need a front yard set back variance because 25 feet is required and his garage would be 20 feet from the road. Mr. Woodbury stated that this would be an integral part of the dwelling. 

 

The Board had concerns about the use of the apartment and if they could put conditions on the approval. Attorney Wright stated they could and Mr. Woodbury explained his building permit and certificate of occupancy could restrict the use of the building so that it could not be used as rental property.

 

ZONING BOARD OF APPEALS

MAY 29, 2002

PAGE TWO

 

Motion made by Bob Thomas, seconded by Steve Hoglin to approve the 2 two foot side yard set backs  and the 5 foot front yard set back variance for John Schild at 3403 Brown St., Jamestown, NY. The construction of the building must be of a type that allows the neighbors to construct buildings within two feet of their property line.

 

Carried.                 Ayes-4                  Noes-1 (Remington)             Absent-2

 

Motion made by Al Suchar, seconded by Dave Remington to deny the area variance for an apartment above the garage because of the detriment to the neighborhood and because the Town could not restrict the use of the apartment.

 

Defeated.                Ayes-2                  Noes-3 (Thomas, Leamon and Hoglin)         Absent-2

 

Motion made by Bob Thomas, seconded by Dave Remington to approve the area variance for a loft above the garage for John Schild, 3403 Brown St., Jamestown, NY with the condition he would have no kitchen facilities.

 

Carried.                  Ayes-4                   Noes-1 (Suchar)                     Absent-2

 

Chairman Suchar opened the public hearing for Joseph & Mary Ann Loverme, 26 Dunham Ave., W.E., Jamestown, NY to construct a second garage with the front and side yard set backs at residential limits rather than Neighborhood Business limits  because the premises are residential. 

 

Mrs. Loverme reviewed the plans with the Board members but stated that they would like the setback to be 20 feet instead of the 25 feet that they had originally requested. The required setback for Neighborhood Business is 50 feet and the required for residential is 25 feet.  She explained that they do not use the existing 18’ x 24’ attached garage as such and really would have only one garage.  Mrs. Loverme told the Board she had no objections from any neighbors and none were present at the meeting.

 

Attorney Wright reviewed the code with the Board and stated that this area variance was exempt from SEQRA.

 

Motion made by Dave Remington, seconded by Bob Thomas to deny the area variance for Joseph and Mary Ann Loverme, 26 Dunham Ave., W.E., Jamestown , NY for a second garage. 

 

Carried.                Ayes-5                         Noes-0                             Absent-2

 

Mrs. Loverme asked if they requested 25 feet instead of 20 feet the Board would approve the variance.  Attorney Wright explained that she would have to reapply with a new application.

 

The applicant for Community Eye Care Specialists appeared for a sign set back variance for 462 Fairmount Ave., W.E., Jamestown, NY.

ZONING BOARD OF APPEALS

MAY 29, 2002

PAGE THREE

Attorney Wright swore in Dr. Wuebbolt and Kevin Underwood. 

 

Dr. Wuebbolt explained that the sign was put up incorrectly and they had removed it when Mr. Woodbury asked.  Mr. Woodbury explained to the Board that the property lines on Fairmount Ave. are not straight and that the applicant needed approximately a three foot set back. Dr. Wuebbolt stated that putting the sign further back would obstruct the parking lot.

 

Mr. Suchar asked if they had photos and the applicant stated that they had provided everything to the Planning Board with their site plan.  Mr. Underwood said he had sketches in his office the Board needed them.

 

Attorney Wright asked about the sign visibility. He stated that under 267B of the Town law the applicant must demonstrate a need for a variance. He asked exactly how far from the property line the sign needed to be and the applicant was not sure.  Attorney Wright said the Board needed to know in order to approve the variance. The Board must determine that the applicant has examined other options and can require they submit plans and photos to demonstrate their need. The Board decided that they would need to see more information.

 

Motion made by Bob Thomas, seconded by Steve Hoglin to table this application for Community Eye Care Specialists until the June meeting.

 

Carried.                         Ayes-5                    Noes-0                   Absent-2

 

Chairman Suchar reopened the public hearing for Todd and Jennifer Nelson, 72 Robinson Ave., W.E., Jamestown, NY for a garage set back variance and a special use permit to add a third apartment over a garage.

 

Attorney Wright informed the Board that the Town had received a request to table this application for one more month.

 

Motion made by Bob Thomas, seconded by Steve Hoglin to table the application of Todd and Jennifer Nelson until the June meeting.

 

Carried.                           Ayes-5                     Noes-0                    Absent-2

 

Chairman Suchar reopened the public hearing for Gregory and Diane Paterniti, 121 Glenwood Ave., W.E., Jamestown, NY for a special use permit for an apartment over a garage. 

 

Mr. Woodbury stated that the applicant had withdrawn his application. 

 

Motion made by Al Suchar, seconded by Bob Thomas to deny the application of Gregory and Diane Paterniti for lack of evidence.

Carried.                             Ayes-5                      Noes-0                  Absent-2

ZONING BOARD OF APPEALS

MAY 29, 2002

PAGE  FOUR

Chairman Suchar reopened the public hearing for Mark Ferraro, 870 Fairmount Ave., W.E., Jamestown, NY for a determination of the Code Enforcement Officer’s decision.

 

Attorney Wright swore in Mr. Ferraro and his Attorney Ralph Lorigo.  Mr. Lorigo asked for an interpretation of the decision. 

 

Mr. Woodbury explained that he had sent a letter to Mr. Ferraro dated 4/11/02 indicating he was non-compliant and that the signage was the issue.

 

Discussion followed on the signage and Mr. Lorigo asked if the applicant could put the variances in front of the Board. Mr. Woodbury stated that the procedure for this meeting was to challenge the Code Enforcement Officer’s decision that Mr. Ferraro is not compliant and the Board could not approve any variances. He informed Attorney Lorigo that enforcement is now pending and they would have to prove the signs were compliant.

 

Mr. Woodbury explained his determination to the Board and asked they support his determination. He explained that the directional (ice cream cones) signs were put up after the certificate of occupancy was issued and that Mr. Ferraro had several times agreed not to put them up.  Attorney Wright asked if the certificate of occupancy could be revoked and Mr. Woodbury replied that there were procedures to do that. 

 

Attorney Lorigo asked for an opportunity to apply for the variances.  He stated that the directional signs would be removed within the next couple days and he will reapply for the variances.

 

Motion made by Bob Thomas, seconded by Dave Remington to support the decision of the Code Enforcement Officer that Mr. Ferraro’s signage was noncompliant.

 

Carried.                     Ayes-5                       Noes-0                     Absent-2

 

Attorney Wright stated that Mr. Woodbury could start proceedings if he saw fit.

 

Chairman Suchar opened the public hearing for Dennis Merritt and Robert S. Sugg, Jr. to construct a residential structure smaller than the code required square footage at 3578 Railroad Drive, Jamestown, NY. 

 

Attorney Wright swore in Mr. Merritt and Mr. Sugg.  They presented drawings to the Board requesting that they be granted approval to construct a 16’ x 30’ building located on a paper street. They explained that the lot would not support a larger building. They will demolish the existing building and would clean up the lot to construct the new building.  This will be used as a summer cottage and is connected to the sewer system and meets all the set backs.  Mr. Woodbury stated that the only issue is the square footage.

 

Attorney Wright reviewed section 146-11 that stated that an area variance is required for the lesser square footage and Section 267B of the Town Law for the criteria for an area variance.

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MAY 29, 2002

PAGE FIVE

 

The Board members determined that this project would improve the area and would not be a detriment to the neighborhood.

 

Motion made by Dave Remington, seconded by Bob Thomas to approve the area variance for Dennis Merritt and Robert Sugg, Jr. to construct a residential building smaller that the code required square footage.

 

Carried.                    Ayes-5                         Noes-0                     Absent-2

 

Attorney Wright swore in Brad Lawson, Operations Manager for Tanglewood Manor.

 

Chairman Suchar opened the public hearing for Nicholas Ferreri, Tanglewood Manor,  for a sign variance at 560 Fairmount Ave., W.E., Jamestown, NY.

 

Mr. Lawson explained that they were applying for a sign variance for the height of the sign. There will be a second sign for Memory Gardens.  Mr. Woodbury said they meet all the set back requirements and that the signs meet all criteria except for the height.

 

Attorney Wright asked about the area of the signs.  Discussion followed on the area requirements in each zone.  The total of the proposed signs is 96 square feet.  One sign is in residential and the other is not.  Discussion followed on the zoning of the property and the possibilities of double faced signs and the visibility of the signs.

 

Attorney Wright explained that the Board would have to consider two variances. One for the height and one for the total square footage.

 

Mr. Lawson was told that the Board would like to have photos showing the need for the variance.

 

Motion made by Al Suchar, seconded by Dave Remington to table this variance for Tanglewood Manor until the June meeting.,

 

Carried.                     Ayes-5                          Noes-0                      Absent-2

 

Chairman Suchar opened the public hearing for SBA Properties, Inc. and Horizon Personal Communications, Inc. to construct a telecommunications tower, antenna array and equipment cabinet on property owned by Church of the Nazarene at 403 Howard Ave., Jamestown, NY.

 

Attorney Wright swore in all that would be testifying at this public hearing.

 

Cathy Bardenstein, Attorney for SBA Properties, Inc. reviewed the history of this application and why they selected this site for the tower. 

 

ZONING BOARD OF APPEALS

MAY 29, 2002

PAGE SIX

 

Ms. Bardenstein reviewed the following with the Board members:

1)      the 180 foot tower is the minimum height needed for the tower

2)      she listed other sites in the area that were being considered for towers

3)      she showed the location of the tower and fencing

4)      the strength of the tower that is a self-supporting tower and does not have guide wires

5)      flashing lights can be addressed

 

Mr. Scherzer, SBA Properties, commented on the height of the tower needed for range and that the Federal government mandates that the carrier must identify all 911 calls and told the Board of the need for additional towers.

 

Wally Huckno, 498 Valerie Lane, W.E., Jamestown, NY is the Legislator and a resident of this district.

He stated he is opposed to this tower and feels it is bad for the community and asked the Board to protect the residents of this area.

 

Robert Shaul, 179 Royal Oakes, W.E., Jamestown, NY is opposed to the tower. He has been a resident for 26 years and feels this tower is inconsistent with the well maintained homes in the area.  He feels it will reduce the value of the homes. He presented a petition signed by 57 residents opposing the tower.

 

Mary Shaul, 179 Royal Oakes, W.E., Jamestown, NY stated she is opposed to the tower and that all the utilities are underground and does not understand why the Church would want this on their property.

 

Thomas Flowers, Esq., 220 Wembley Drive., W.E., Jamestown, NY stated he is 1000 feet from the proposed tower and is opposed because of the high assessed homes in the area. He had written a letter to the Board dated 9/7/01 and another on 5/23/02. He believes that the tower will be a determent to the value of the homes in the area. He would urge the Board to require additional information and an environmental statement and require the applicant to prove that this is the only site available for the tower.

 

Al Hendrickson, former Councilman of the Town of Ellicott, is opposed to the tower.  He stated that he had been one of the drafters of the new code and a lot of study had been done to protect the residences and he urged the Board to adhere to the code.  He stated that the Town had not excluded cell towers and there was about 8% of the Town property that allowed towers. He feels that the tower in this area will depreciate property values in this area.

 

Scott Berry, 477 Howard Ave., W.E., Jamestown, NY, is opposed to the tower and had concerns about the stability of the tower.

 

Elizabeth Bellomo, 460 Valerie Lane, W.E., Jamestown, NY, stated she is opposed to the tower.

 

Don Castle, 2 Wembley Drive, W.E., Jamestown, NY, stated he is opposed to the tower and had concerns about structure and fenced area.

 

ZONING BOARD OF APPEALS

MAY 29, 2002

PAGE SEVEN

 

Nancy Castle, 2 Wembley Drive, W.E., Jamestown, NY, stated they just moved to the area in July 2001 and would not have bought in this area had they known the tower was being considered. 

 

Ted Boglin, 16 Wembley Drive, W.E., Jamestown, NY, stated he is opposed to the tower and agreed with his neighbors.

 

Kevin Morse, 458 Howard Ave., W.E., Jamestown, NY, stated he has small children and is opposed to the tower.

 

Dave Jarozynski, 177 Wembley Drive, W.E., Jamestown, NY, is opposed to the tower and agrees with his neighbors comments.

 

Mr. Scherzer agreed that there would be an impact and that the applicant is willing to mitigate some of the issues. He stated that their company tries to give back to the community.

 

Attorney Wright explained to the Board members and neighbors that the applicant had notified the Town that they would not be seeking a determination at this meeting and have not exhausted all their options.

 

Letters from Tom Flowers, Esq., 220 Wembley Drive, Jamesotwn, NY and Mary Shaul, 21 Royal Oakes, Jamestown, NY and Patricia Nelson, 474 Valerie Lane were entered into the record along with the petition presented by Mr. Shaul.

 

Keith McIntyre, Pastor of the Church of the Nazarene, stated that he had come to the Church in February 2002 and explained there was already a proposal to the Church Board from SBA Properties.The Church intends to build a park for the community with profits of the tower.

 

There was discussion if the neighbors would receive any additional notices of meetings.  It was decided that the residents would call the Town Clerk’s Office to see if this application was on the agenda for the future meetings.

 

Motion made by Steve Hoglin, seconded by Bob Thomas to accept the minutes of the April 29, 2002 meeting.

 

Carried.                   Ayes-5                      Noes-0                     Absent-2

 

Motion made by Steve Hoglin, seconded by Bob Thomas to adjourn the meeting at 10:25 P.M.

 

Carried.                   Ayes-5                       Noes-0                     Absent-2

 

_________________________________________________

Valerie Pierce, Secretary