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 14733 JUNE 24,
2002 AT 7:00 P.M.
PRESENT: Chairman Al Suchar, John
Leamon, David Remington, Robert Thomas, John Merchant,
Steven Hoglin, Attorney William
Wright and Code Enforcement Officer Randy
Woodbury
ABSENT: Kevin Saff
Chairman Al Suchar called the meeting to order at
7:00 P.M. Secretary Okerlund called the roll.
Chairman Suchar opened the public hearing for Community
Eye Care Specialists, 462 Fairmount Ave., WE, Jamestown, NY for a
sign set back variance. They have
withdrawn their request for a variance and are complying with the code.
Motion made by Al Suchar to deny the application for
a sign variance for Community Eye Care Specialists, 462 Fairmount Ave., WE,
Jamestown, NY, seconded by John Merchant.
Carried. Ayes-6 Noes-0 Absent-1
Chairman Suchar opened the
public hearing for Todd and Jennifer Nelson,
72 Robinson Ave., WE, Jamestown, NY.
The Nelsons are asking the Zoning Board of Appeals to table their
request for a garage set back variance and special use permit for an apartment
above their garage, (which is in a residential zone) until they can seek legal
advise. Randy Woodbury states they are
trying to be code compliant.
Motion made by
Robert Thomas, seconded by John Merchant to table the request for a garage set
back variance and special use permit for an apartment above their garage at 72
Robinson Ave., WE, Jamestown, NY for one (1) month.
Carried. Ayes-6 Noes-0 Absent-1
Chairman Suchar opened the
public hearing for Joseph and Mary Ann
Loverme, 26 Dunham Ave., WE, Jamestown, NY .
Mr. & Mrs. Loverme are applying for a variance for a second garage
and an area variance for set back within residential limits, rather than
neighborhood business limits.
Motion made by
Robert Thomas and seconded by John Leamon to approve the application for the
second garage of Joseph and Mary Ann Loverme, 26 Dunham Ave., WE, Jamestown,
NY.
Carried. Ayes-
5 Noes-1 (Suchar) Absent-1
June 24, 2002
PAGE TWO
Motion made by
Al Suchar and seconded by John Merchant to reject allowing an area variance for
set back of the garage of Joseph and Mary Ann Loverme, 26 Dunham Ave., WE,
Jamestown, NY.
Denied. Ayes-6 Noes-0 Absent-1
Chairman Al
Suchar opened the public hearing for Nicholas Ferreri, (represented by Attorney
Gregory Peterson) for Tanglewood Manor and Memory Gardens, 560 Fairmount Ave.,
WE, Jamestown, NY. Mr. Ferreri is
requesting two (2) sign variances.
The present Tanglewood
Manor sign is two (2) square feet larger than the proposed new sign. The new sign will be thirty (30) square feet
and the current sign is thirty-two (32) square feet. The shape of the sign will remain the same, while the script will
change. Mr. Ferreri was informed that
without a variance, he can maintain the existing non compliant Tanglewood Manor
sign.
The Memory Gardens sign is
presently on location on a 90-day temporary permit. It is in a code compliant position/location. Mr. Ferreri is requesting a variance from a
height of four (4) feet to seven (7)
feet and an area from six (6) square feet to thirty (30) square feet.
Motion made by
Robert Thomas and seconded by John Leamon to grant a height and area variance
for the Memory Gardens sign and permission to repair/replace the present
Tanglewood Manor sign with one of the same or smaller size, at 560 Fairmount
Ave., WE, Jamestown, NY.
Carried. Ayes-4 Noes-2
( Suchar & Remmington) Absent-1
Chairman Suchar opened the
public hearing for SBA Properties, Inc. and
Horizon Personal Communications, Inc., for a use variance to construct a
telecommunications tower, antenna array and equipment cabinet on the property
owned by Church of the Nazarene, 405 Howard Ave., WE, Jamestown, NY and for an
area variance from fencing dimensions.
Cathy
Bardenstein, attorney for the SBA Properties, Inc., and Horizon Personal
Communication, Inc., requested the application for a use variance to construct
a telecommunications tower, antenna and array and equipment cabinet be tabled
for one (1) month to allow her to gather the necessary information to make the
application for variance.
Tom Flowers, 220 Wembly
Drive, WE, Jamestown, NY spoke for himself and his neighbors against the
tower. He stated that they had Holt
Associates assess the situation and Holt stated that a tower would depreciate
their property by 10- 25%. Wally Huckno
also spoke out against the tower being placed on the Howard Ave. location.
June 24, 2002
PAGE THREE
Motion made by
Al Suchar and seconded by Steven Hoglin to table the application for
construction of a telecommunications tower, antenna array and equipment cabinet
for one (1) month.
Chairman
Suchar opened the public hearing for Pat Anderson for application for a
variance for a dog grooming, boarding and day care business at 1805 East
Elmwood Ave., Falconer, NY.
The area is zoned industrial. Since there is no break in continuation of similar service, the business is grandfathered for use. The building has been used for the care of animals for approximately 40 years. At peak times of service, there will be 15-20 dogs in the facility. The Humane Society has 42 kennels there at present.
Motion made by Robert Thomas, seconded by John Merchant that states that the dog grooming, boarding and day care business is in compliance with the code and there is no need for a variance.
Carried. Ayes-6 Noes-0 Absent-1
Chairman Suchar opened the public hearing for New York
RSA #3 Cellular, DBA as Verizon Wireless, for a renewal of a special use permit
for a wireless tower located in the area of Idlewood and Orchard Road. They were represented by John Englebert,
attorney from the firm of Nixon Peabody, LLP.
The original permit was granted in January of 1991. There was no cell tower ordinance, at that time, in the Town of Ellicott.
There have been recent complaints of excess water run off from the roadway constructed for the tower, due to poor drainage. Randy Woodbury suggested an informal resolution of the problem with Verizon, which was agreed upon by the Zoning Board of Appeals.
Motion made by Steven Hoglin and seconded by John
Merchant to renew the special use permit for
the wireless tower.
Carried. Ayes-6 Noes-0 Absent-1
Verizon requested that they not be required to have a personal renewal, rather do the renewal by correspondence, unless the Code Enforcement Officer requested their presence. Atty. Wright stated that a renewal with out Verizon’s presence may possibly put Verizon and the Zoning Board of Appeals at a disadvantage if the neighbors protest an issue. The request was informally refused.
June 24, 2002
PAGE FOUR
Verizon also requested that the date of renewal be moved up from April to July, since two months have already passed since the official renewal date. Randy Woodbury had no objections as the company has acted in good faith.
Motion made by Steve Hoglin and seconded by Robert
Thomas to set the date of the next renewal of the Verizon Communications tower
permit from April 2004 to July 01, 2004.
Carried. Ayes-6 Noes-0 Absent-1
Motion made by
Steven Hoglin, seconded by Robert Thomas to approve the minutes of the May 29,
2002 meeting.
Carried. Ayes-6 Noes-0 Absent-1
Motion made by
Al Suchar, seconded by John Merchant to adjourn the meeting at 9:00 P.M.
Carried. Ayes-6 Noes-0 Absent-1
______________________________________________
Karyn E.
Okerlund, Secretary