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 JULY 23, 2001
AT 7:30 P.M.
PRESENT: Chairman Al Suchar, John
Leamon, Dave Remington, Kevin Saff, John Merchant, Steve
Hoglin, Attorney William Wright and Code Enforcement Officer Randy
Woodbury.
ABSENT: Bob Thomas
Chairman Al Suchar called the meeting to order at
7:30 P.M. The secretary called the roll.
Attorney Wright swore in everyone that would be
testifying at this public hearing.
Chairman
Suchar reopened the public hearing for Thomas
Galbato (Brigiotta’s Farmland) for a variance to use land located in
residential and professional office zones at 414 Fairmount Ave. for business
parking.
Rod Drake,
Habiterra Associates, presented new site plans that eliminated five parking spaces from the
original plans. He reviewed them for
the Board members and residents.
Mr. James
Manno, 467 Fairmount Ave., W.E., Jamestown, NY asked Mr. Drake about the
landscaping. Mr. Drake explained the elimination of the five parking spaces
made a difference of approximately 20 feet of pavement and that there will be a
3 foot mound with 10 foot evergreen trees as shown on the plans. He explained where the loading docks were
and that the buffer across the back of the employees parking would have a gap
because of the elimination of the parking spaces.
Mr. Tim
Galbato stated
that the old plans would not have had a gap in the buffer in the back of the
parking but with the new plans there will be a visual gap seen from Mr.
Hasson’s property.
Lori Reynolds,
Mr. Hasson’s daughter, asked Mr. Drake to review the buffer and show where the gap would be on
the plans.
Mr. Philip
Hasson, 31 N. Chicago Ave., W.E., Jamestown, NY, stated that he still would
like to see the elimination of the five spaces and preferred the new site plan
showing the elimination of the five spaces.
Elizabeth
Dunker, 443 Fairmount Ave., W.E., Jamestown, NY, asked if any of this would
help her father who lives at 427 Fairmount Ave. Mr. Drake stated that any
houses across Fairmount Ave. would not be helped by this buffer.
Attorney Wright stated that the City of Jamestown
has a noise ordinance but the Town of Ellicott could not address the City
code. The residents could call the City
of Jamestown about their concerns.
Mrs. Genevieve
Buckley, 41 N. Butts Ave., W.E., Jamestown, NY, had concerns that if this
variance was approved this would open up the area for additional lots to be
used. Attorney Wright explained that
this variance if approved would be only for the lots on the application.
JULY 23, 2001
PAGE TWO
The neighbors reviewed the plans with Mr. Drake and
Mr. Galbato.
Attorney Wright reviewed the criteria for a use
variance. The applicant needed to
complete a SEQRA form. The Board
continued with the next applicant to give Mr. Drake time to complete the
environmental form.
Chairman
Suchar reopened the public hearing for SBA
Properties, Inc. and Horizon Personal Communications, Inc. for a special use
permit to construct a 150-foot telecommunications tower on property owned by
Ronald L. McKillip, 3108 Eckman Rd., Jamestown, NY.
Cathy J.
Bardenstein, Attorney for the applicant, addressed the Board and asked Mr. Woodbury
to comment on behalf of the airport commission.
Mr. Woodbury said he had attended the
airport commission meeting and they had deferred it to Ken Brentley. Mr. Brentley stated that the airport
routinely did not endorse any towers within 10 miles of the airport but would
not oppose the FAA determination.
Regardless of the Zoning Board decision if the FAA
does not approve the tower the applicant could not build.
Al Suchar asked about repeater signals
and Ms. Bardenstein stated that would not work for telecommunications.
Mr. Woodbury reminded the Board members that this
would also have to go through site plan review.
This project is subject to SEQRA review and the
applicant had completed a full EAF.
Attorney Wright had a few questions of Ms. Bardenstein about the EAF.
There were items (# 6 and #11) that were answered with “unknown at this time”
and Ms. Barderstein explained that the reason was that they had sent letters of
inquiry and had not yet received a response.
The applicant will provide the Town with a copy of the responses as soon
as they receive them. Mr. Wright also asked if 50% of the site was poorly
drained, would it affect the stability of the tower. Ms. Bardenstein said that the foundation for the tower was small
and designed for a specific site.
The Board reviewed the EAF and noted:
1)
no
impact on the land –
2)
no
impact on the water – no discharge or water run-off
3)
no
impact on the air – no emissions
4)
no
impact on the plants and animals - no
endangered species
5)
no
impact on aesthetic resources – other towers are already in the area
6)
no
impact on historic and archaeological resources - not based on the Board members knowledge
7)
no
impact on open space and recreation
JULY 23, 2001
PAGE THREE
8)
this
is not a critical environmental area
9)
no
impact on transportation
10)
no
be impact on energy
11)
no
noise or odor impacts
12)
no
impact on public health
13)
no
impact on the character of the neighborhood – other towers already in area
14)
no
public controversy – no neighbors present at meetings
Motion made by
Kevin Saff, seconded by John Merchant to have Chairman Suchar check the box on
the EAF under the determination of significance stating this project will not
result in any large and important impacts and, therefore, is one which will not
impact the environment and have him sign on behalf of the Zoning Board of
Appeals.
Carried. Ayes-6 Noes-0 Absent-1
Discussion followed on if the applicant must come
before the Zoning Board for each co-locater.
The board members agreed that they would not have to appear before the
ZBA but would have to notify the Code Enforcement Officer and go through site
plan review.
Motion made by
Steve Hoglin, seconded by Dave Remington to approve the special use permit for
SBA Properties, Inc. and Horizon Personal Communications, Inc. to include no
more than seven (7) commercial enterprises (not including municipal and
emergency) and the Code Enforcement Officer must be notified of any
co-locater.
Carried. Ayes-6 Noes-0 Absent-1
The Board
continued with the short form EAF for Tom Galbato (Bigiotta’s Farmland).
Attorney
Wright stated that this action does not exceed any type I threshold in NYCRR
Part 617.4 and will not receive coordinated review.
The Zoning Board continued with Part IIC and noted
no significant environmental impacts.
Motion made by
Kevin Saff, seconded by Dave Remington to declare this project will not result
in any adverse environmental impacts and have Chairman Suchar sign on behalf of
the Zoning Board of Appeals.
Carried. Ayes-6 Noes-0 Absent-1
Motion made by
Dave Remington, seconded by John Merchant to approve the variance for Thomas
Galbato (Brigiotta’s Farmland), 414 Fairmount Ave., Jamestown, NY to use land
on lots 24-7-13,14,
ZONING BOARD
OF APPEALS
JULY 23, 2001
PAGE FOUR
15, 16, 17,
and 18 for employee parking only as shown on plans dated 07/02/01 and signed by
Chairman Suchar.
Carried. Ayes-6 Noes-0 Absent-1
Chairman
Suchar reopened the public hearing for James A. Taylor, 3359 Levant-Gerry Rd.,
Falconer, NY for a special use permit for the storing and leasing of excavation
equipment on property owned by his parents.
Discussion followed between Mr. Taylor and the Board
members. Chairman Suchar asked if Mr.
Woodbury had any comments and he stated he did not.
Mr. Taylor stated there would be no more than 10
pieces of equipment on the property at any time that would be sold or leased
for L.C. Whitford Company. Mr. Taylor
does not work from the home at 3359 Levant-Gerry Rd. Customers call his cell phone or the office in Wellsville.
Mr. Suchar said in reviewing this application and
sections 146-15 and 146-9 of the code it does not seems to him that this falls
within the definition of any of the business allowed even with a special use
permit. Attorney Wright agreed and stated that it is not defined as an
allowable use but the Board must determine the definition of the business.
Discussion followed on who should be before this
Board and the Board members and Attorney agreed that Mr. Taylor could be an
agent for his parents and he could provide a letter from them stating he is
their agent. That would not be an obstacle.
Chairman Suchar polled the Board and most of the
members could not define the business to fall within the Town code as an
allowable use. They had concerns about the fact that Mr. Taylor was actually
running a business and using his parents’ property for the benefit of someone
else. The definition of the business was a major issue.
John Leamon stated there is confusion as to who
should be requesting this special use permit and also the definition of the
business.
Steve Hoglin advised the Board that this was his
cousins’ property and that he knew they ran a decent operation and noted there
was no opposition from the neighbors.
John Merchant said that he knew that this was an
improvement over the gravel pit that used to be on this land. He asked if this
could be considered a storage business.
Attorney Wright stated if that were the case then
the restrictions would be greater because storage was allowed only in
Industrial zones.
JULY 23, 2001
PAGE FIVE
Dave Remington opposed this business in an
agricultural residential area.
Mr. Taylor said that there was also a security issue
with the equipment and that having the equipment stored on this property he
would be able to keep watch of the equipment.
Kevin Saff asked Mr. Taylor how this variance would
affect his position with the company.
He asked if he would like to table this or continue with a vote. Mr.
Taylor wanted the Board to continue with a vote.
Town Board
Councilman Al Hendrickson stated if the Board defined this to be a leasing business it should not
be allowed in an agricultural residential zone.
Steve Hoglin asked about the leasing at the airport
and it was noted that the airport is zoned Industrial Park.
Motion made by
Al Suchar, seconded by Dave Remington to deny the application of James Taylor
for a special use permit to operate a leasing, storage and sales business for
his employer L.C.Whitford on property at 3359 Levant-Gerry Rd., Falconer, NY.
Carried. Ayes-4 Noes-2 (Hoglin and
Merchant) Absent-1
Chairman
Suchar opened the public hearing for Charles LaMonica, 2205 Buffalo St. Ext.,
Jamestown, NY for a special use permit to construct a pole structure building
in a residential zone.
Mr. LaMonica showed photos of the building he wanted
to construct. He stated the building
will be 840 square feet and will be an addition to the 1200 square foot
building already on his property. The
building will be used for storage. With
the help of Mr. Woodbury he drew a sketch of his property showing where the
building would be and the adjoining property owners.
Attorney Wright reviewed Section 146-72 and 146-64
of the code with the Board. Neighbors
had been notified and none were present.
Mr. Woodbury stated he had no other issues with this building except it
was a pole structure in a residential zone. The Board agreed that the standards
had been met.
Kevin Saff asked if Mr. LaMonica would be using this
for his business. Mr. LaMonica again
stated this would be used for storage of personal items.
Attorney Wright stated this project is exempt from
SEQRA under Section 617.5 C (7) as the construction of an accessory building
less than 4000 square feet.
Motion made by Dave Remington, seconded by Steve
Hoglin to approve the special use permit for Charles LaMonica, 2205 Buffalo St.
Ext., Jamestown, NY to construct a pole structure building in a residential
zone to be used for personal use only and waive the two year renewal.
PAGE SIX
Carried. Ayes-6 Noes-0 Absent-1
Motion made by
Steve Hoglin, seconded by Kevin Saff to approve the minutes of the July 2, 2001
meeting.
Carried. Ayes-6 Noes-0 Absent-1
Carried. Ayes-6 Noes-0 Absent-1
_______________________________________________
Valerie Pierce, Secretary