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 JUNE 4,
2001 AT 7:30 P.M.
PRESENT: Chairman Al Suchar, John
Leamon, Bob Thomas, Kevin Saff, John Merchant, Steve Hoglin,
and Attorney William Wright.
ABSENT: Dave Remington
Chairman Al Suchar called the meeting to order at
7:30 P.M.
Attorney Wright swore in everyone present that would
be testifying at this public hearing.
The secretary called the roll.
Chairman Suchar opened the public hearing for Kathleen Hofgren, 2680 Horton Rd.,
Jamestown, NY
for the
renewal for her home occupation permit.
Mrs. Hofgren explained to the Board that her beauty
shop has not changed hours of operation.
She said there have been no changes in the operation of the business in
the past two years. There have been no
complaints from any neighbors.
Motion made by
Kevin Saff, seconded by Steve Hoglin to grant the two year home occupation permit
renewal for Kathleen Hofgren for a beauty shop in her home at 2680 Horton Rd.,
Jamestown, NY.
Carried. Ayes-6 Noes-0 Absent-1
Chairman
Suchar reopened the public hearing for Thomas Galbato, 414 Fairmount Ave.,
Jamestown, NY for his application for a variance to use property in residential
and professional office zone as business parking.
Attorney
Douglas Spoto introduced Rodney Drake, landscaping architect from Habiterra
Associates. Mr. Drake reviewed the plans
for the Board members.
Mr. Drake said he addressed the concerns such as the
noise, odors and traffic that came before the Board at the May meeting. They have put in a 10-foot barrier of
evergreen trees that he felt would be helpful.
The trees would give immediate height and should filter the odors and
help with the lights. He explained
there would be 40 parking spaces and an area for the trucks to pull in which
should alleviate some of the traffic on Fairmount Avenue.
Attorney Wright told the Board that the Code
Enforcement Officer Randy Woodbury had provided photos for the Board. Chairman
Suchar explained the photos to the members. He had met with the applicant and
Mr. Woodbury at the site.
JUNE 4, 2001
PAGE TWO
Discussions followed on the wetlands that Mr. Drake
said had not been delineated but he thought were on the site. The applicant would have to mitigate the
replacement of any wetlands that would be disturbed with the Army Corp of
Engineers or the DEC If the wetlands were less than 1/10 of an acre than they
would need a permit but need not be replaced.
There was discussion on decreasing the amount of wetland area they would
distrube. The applicant could eliminate
the north section of the parking lot and not disturb more than a 1/10 of an
acre.
Attorney Wright and Mr. Drake were in agreement that
the Zoning Board and Planning Board would be able to do a coordinated review
for SEQRA if they needed to for the wetlands issue. If the applicant were going
to eliminate the north area of the parking lot they would not have to mitigate
the wetlands. Mr. Drake told the Board that he felt the first step would be the
approval of the variance. Attorney
Wright explained that if the applicant were going to disturb the wetlands the
Zoning Board would have to do the SEQRA first.
Allen
Hendrikson, Town Councilman, said that he felt the approval of this project would
improve the area and help utilize the land and alleviate some of the concerns
of the neighbors. This parking area would also save on the traffic being held
up on Fairmount Avenue as the trucks are backing into Brigiotta’s Farmlands.
Phil Hasson,
31 N Chicago Ave., W.E., Jamestown, NY, stated he did not want to see any more trees taken
out or any more fill added.
Elizabeth
Dunker, 443 Fairmount Ave., Jamestown, NY, asked if any trees were going to be planted
for the houses at 428 and 432 Fairmount Avenue.
Jean Buckley,
41 N. Butts., W.E., Jamestown, NY, had concerns about the water run off coming off this
site. Mr. Drake reviewed the drainage
plan for her and explained the benefit the underground detention would have.
Mr. Galbato told the Board members that he would be
willing to eliminate the parking spaces on the north end of the lot which would
make the amount of wetlands disturbed less than 1/10th of an acre.
Attorney Spoto provided the Board with a copy of the
contract the applicant had with the current owner. He also provided a
deposition from Thomas Murray, Century
21, stating he had listed these lots for sale.
Chairman Suchar read the deposition into the record
(see file “ZBA-Brigiotta’s Farmlands”). Attorney Wright reviewed the criteria
for this variance. The Board members agreed that the applicant met the
criteria:
1)
the owner could not get a reasonable return without the variance
2)
the property is unique
3) character of the neighborhood will improve
JUNE 4, 2001
PAGE THREE
4)
not self-created
The applicant is willing to wait and have Mr. Drake
redraw the plans without the parking in the north lot so they would not disturb
the wetlands.
Motion made by
Steve Hoglin, seconded by Kevin Saff, to table this application for Brigiotta’s
Farmlands until Mr. Drake can prepare new plans.
Carried. Ayes-6
Noes-0 Absent-1
Chairman Suchar reopened the public hearing for B & L Realty for the addition to
their business on Strunk Road,
Jamestown, NY.
Mr. Cornell showed the Board site plans of the
project and provided the Board with a letter from the Chautauqua County SPCA
that stated they were not interested in selling any of their land. Mr. Finocchario told the Board that they had
spoke to the Fire Department and they wanted as much space as possible for the
driveway. Mr. Finocchario and Mr.
Cornell listed their issues for the Board:
1)
work place safety
2)
room for loading and unloading
3) the refusal of the SPCA to sell them any land but support of the
project
4) minimal truck traffic – 2 or 3 a week
5) they have added 5 new jobs and would hope to add more
6) they need this size building – can not decrease size
Chairman Suchar still feels this variance is
excessive and would like a letter from the SPCA in support of the project on
file.
Kevin Saff stated he felt this project is unique
because of the SPCA’s refusal to sell any land. The other Board members were in agreement and felt because of the
dimensions of the lot and because it was zoned shopping center makes it unique.
Attorney Wright stated that because the SPCA is not
opposed to this project they are in essence restricting the use of their own
property. He reviewed the criteria for an area variance explaining the Board
has to weigh the benefit to the applicant against the determent to the
neighborhood.
The applicant had addressed the following criteria:
1) there will be no change in the
character of the neighborhood – zoned shopping center
2) there is no other feasible means to accomplish
this addition – they have got a professional to
draw up the plans
3)
this is a substantial variance but is unique because of the SPCA
4)
the project will not have an adverse effect on the neighborhood
5)
self-created issue is not controlling
JUNE 4, 2001
PAGE FOUR
Attorney Wright stated this project is subject to
SEQRA review. The applicant needed to
complete the EAF.
The Board recessed at 8:40 P.M.
The Board reconvened at 8:50 P.M.
Chairman Suchar opened the public hearing for Joseph Jeziorski, 2145 Buffalo St. Ext.,
Jamestown, NY for a special use permit to construct a pole structure garage is
a residential zone.
Attorney Wright had spoke to Code Enforcement
Officer Randy Woodbury and told the Board that the only issue for this project
was the special use permit because Mr. Woodbury had decided that the garage was
an integral part of the residence.
Mr. Jeziorski told the Board members that the garage
would be 32’ x 44’ and would be sided and have a tin roof. It will be detached.
It is located on the corner of Buffalo Street and Swanson Road.
The Board determined that the criteria for the use
variance had been met.
Attorney Wright stated this building is exempt from
SEQRA because it is a pertinent structure under 4000 square feet.
Motion made by
Steve Hoglin, seconded by Kevin Saff to approve the special use permit for
Joseph Jeziorski to construct a pole structure garage on the corner of Buffalo
St Ext. and Swanson Rd.
The Board
reviewed the short form EAF for B & L Realty. Attorney
Wright stated that this action does not exceed any Type I Threshold in NYCRR, Part 617.4 and would not receive
any coordinated review.
The Board reviewed Part II C noting that the
neighbors had been notified and no one appeared. They determined that this
proposed project would not result in any adverse environmental impacts.
Motion made by
Bob Thomas, seconded by Steve Hoglin to have Chairman Suchar check the box on
the EAF that declares this proposed project will have no adverse environmental
effect and have him sign on behalf of the Zoning Board of Appeals.
Carried. Ayes-6 Noes-0 Absent-1
Motion made by
John Merchant, seconded by Kevin Saff to approve the 42 foot set back variance
for B & L Realty for their addition on Strunk Road, Jamestown, NY because
of the uniqueness of
ZONING BOARD
OF APPEALS
JUNE 4, 2001
PAGE FIVE
the property
and the fact that the adjoining neighbor (Chautauqua County SPCA) has no
objection to the project.
Carried. Ayes-5 Noes-1 (Suchar) Absent-1
Chairman
Suchar reopened the public hearing for Mark Ferraro for a sign variance for the
Dairy Queen store at 870 Fairmount Ave., W.E., Jamestown, NY.
A letter was received from Thomas C. Reinen, Manager of Architecture at the International Dairy
Queen, Inc. in Minneapolis, MN.
The letter was read into the record (see file ZBA-Dairy Queen/Ferraro). It
stated that any prototype sign would need to be redrawn and submitted to his
department for review.
Roger
Harrower, Project Engineer for Mr. Ferraro, showed the Board site plans with
the signs.
Mrs. Millard is asking that her set back in front of her house be 15 feet instead of the allowed 50 feet. The deck will be 15 feet from the new highway boundary but is 32 feet from the old highway boundary.
Attorney Wright reviewed the criteria for an area variance. There was discussion on the substantiality of a variance. Board members agreed that it should depend on each individual project.
Mrs. Millard met all the criteria for the area variance. This proposed project is exempt from SEQRA review.
Motion made by John Leamon, seconded by Bob Thomas to approve the area
variance for Mary Millard to construct a deck on the front of her house 15 feet
from the property line.
ZONING BOARD OF
APPEALS
JUNE 4, 2001
PAGE SIX
Chairman Suchar
opened the public hearing for K-Mart, 975 Fairmount Ave., W.E., Jamestown, NY
for a sign permit.
Jack Olmstead, Peterson Signs, requested an additional wall sign and 12 ground signs. The total square feet of the sign would be 561 SF instead of the allowed 540 SF.
There was discussion if the wall sign would be additional square footage on the one sign or if could be considered more than one sign. The Chairman polled the Board and they were in agreement that it would be all one wall sign that was 21 square feet over the allowed square footage.
Attorney Wright reviewed the criteria for an area variance reminding the Board of the balancing test for the variance that weighs the benefit to the applicant against the determent of the neighborhood. The applicant had met all the criteria. He stated that this project is exempt from SEQRA review.
Motion made by Bob Thomas, seconded by John Merchant to approve the
area variance for K-Mart at 975 Fairmount Ave., W.E., Jamestown, NY.
Carried.
Ayes-6 Noes-0 Absent-1
The Board addressed the banner signs, which they determined to be ground signs. Each occupant of the plaza is allowed a wall sign but not individual ground signs. Mr. Olmstead did not have the answers to some questions of the Board such as the kind of material and if the signs would be seasonal. Kevin suggested that the Board table this until the next meeting with the applicants approval. Mr. Olmstead said he would come back with answers from K-Mart.
Motion made by Steve Hoglin, seconded by Kevin Saff to table this
application for K-Mart for the ground signs until the July meeting.
Carried.
Ayes-6
Noes-0
Absent-1
Chairman Suchar opened the public hearing for John Cusimano, 2597 S.
Work St. Ext., Falconer, NY to construct an addition to his business 8 feet
from the back property line.
Attorney Wright told he Board members that Mr. Cusimano had received site plan approval on May 16th contingent on his getting a variance to build 8 feet from his property line instead of the required 10 feet in an Industrial zone.
Mr. Cusimano reviewed his plans for the Board and explained that he wanted to continue the line of the existing building.
ZONING BOARD OF APPEALS
JUNE 4, 2001
PAGE SEVEN
Attorney Wright reviewed the criteria for an area variance. The applicant had met the criteria. Neighbors had been notified and no one was present. This proposed project is exempt from SEQRA review because the addition is under 4000 square feet.
Motion made by John Leamon, seconded by Kevin Saff to approve the area
variance for John Cusimano, 2597 S. Work St., Ext., Falconer, NY to build his
addition 8 feet from his back property line.
Carried. Ayes-6 Noes-0
Absent-1
Mr. Woodbury had returned Mr. Suchar’s call and told him that he had conversations with several people at the International Dairy Queen including Mr. Reinen. He said they were very cooperative and said the sign code could be revised to fit the building and stay within the Town of Ellicott code.
Mr. Ferraro said that was not what he was told.
Chairman Suchar suggested the Board table this until the next meeting so that Mr. Ferraro could meet with Mr. Woodbury. Mr. Ferraro said he did not want to wait and Attorney Wright reminded him that if he wanted the Board to vote tonight they could not approve a roof sign.
Mr. Ferraro asked if the Board could have a special meeting before July. The Board agreed to hold a special meeting after Mr. Ferraro had met with Mr. Woodbury and International Diary Queen.
The Zoning Board addressed the directional signs. Kevin Saff suggested that maybe he could get by with two of the larger signs and have the entrance and exit on Jackson the allowable size. Other Board members were in agreement that the allowable signs would be sufficient. They feel that the signs are advertising signs.Mr. Ferraro agreed to use the allowable 4 square foot directional signs.
Motion made by Bob Thomas, seconded by Steve Hoglin to table the sign
variance for Mark Ferraro/Dairy Queen until a special meeting can be set.
Carried.
Ayes-5 Noes-1
(Suchar) Absent-1
Motion made by Steve Hoglin, seconded by Kevin to approve the minutes
of the May 7, 2001 meeting.
Carried.
Ayes-6 Noes-0 Absent-1
Motion made by Steve Hoglin, seconded by John Merchant to adjourn the
meeting at 10:35 P.M.
Carried. Ayes-6 Noes-0 Absent-1
___________________________________________
Valerie Pierce, Secretary