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 JULY
25, 2005 AT 7:30 P.M.
PRESENT: Chairman
Steve Hoglin, Dave Remington, John Merchant, Angelo Cimo, Patricia
Martonis, Kathy Hedstrand, Attorney William Wright, Code
Enforcement Officer Randy Woodbury and Secretary Valerie Pierce.
ABSENT: Richard Keefer
Chairman Hoglin called the meeting to order at 7:30
P.M. Secretary Pierce called the roll.
Chairman Hoglin opened the
public hearing for Tanglewood Manor, 560 Fairmount Ave., W.E. Jamestown, NY
14701 for a special use permit for a senior housing unit for independent
living.
Attorney Wright swore in anyone that would be testifying for this public hearing.
David Stapleton, Attorney
for Tanglewood Manor, represented them in their application for a special
use permit for a 24 unit senior housing project, unsubsidized, primarily for
middle-income level seniors to be located on the current property owned by Mr.
Ferreri that is directly behind Tanglewood Manor. Mr. Nick Ferreri, owner, Brad Lawson, operations manager, from
Tanglewood Manor and Mr. James Carroll, Asterhill Planning and Development
Services, were present for the meeting.
The housing unit will have access off Gifford Avenue at the back of the lot owned by Mr. Ferreri. A couple of years ago Katie Smith from the Office of the Aging came to Mr. Ferreri and asked for his help because there is such a need for handicapped accessible senior housing. They have been in front of the Planning Board for a sketch plan conference. This particular use for apartments is a permitted use under the residential zoning. Mr. Ferreri facility is a for-profit entity but this project is designed to provide a service to the community. This does act as a potential feeder for the Tanglewood facility because the individuals renting, who might eventually lose their total assets, will be allowed to move into the Tanglewood facility.
Mr. Stapleton provided plans for the Board. They are planning to create walking paths, a pond in the wooded areas and a 24-unit senior housing building for independent living. This will not be a health related facility and will not be staffed by any large numbers of people. It is independent living and handicapped accessible. The lighting will be residential in style and will accent the area around the building and will not extend out beyond 20 feet from the actual poles. The incidents of car traffic and the noise will be less than for individual residential housing. The garbage collection will be once a week and later in the day.
ZONING BOARD OF APPEALS
JULY 25, 2005
PAGE TWO
Letters were placed on file (see file “Tanglewood Manor Special Use Permit”) from Katie Smith, Chautauqua County Office for the Aging, stating their support for this type of project and a letter from Casella Waste Management of NY, Inc., stating the change in time for the collection of waste, which was an issue at the Planning Board meeting. Brad Lawson immediately took care of this issue when it was brought to their attention.
Mr. Stapleton noted there is some commercial activity, Swan Gutter Service, on Gifford Avenue.
Mr. Stapleton provided photos of the landscaping around the outside of Memory Gardens. The existing assisted living building is 400’ to 500’ from the new building and will not be connected in any way to the existing facility. Even if the lots were to be developed there would be a buffer of 40 feet between the wooded lots owned by private citizens and the senior housing. If those lots were to be developed they would create much more of an impact on Gifford Avenue properties across the street. The units will be handicapped accessible rentals and there will be no fees.
Mr. Carroll reviewed the plans for the Board members. He explained:
1) the reason for the two ponds is for drainage and to enhance the area for the park
2) there will be park trails which will enhance the existing trails
3) there will be a gazebo area where they can hold seasonal activities for residents from both Memory Garden and the independent living housing units
4) the 24 unit resident housing will be a mix of both 1 and 2 bedrooms units
5) this project fulfills the need for middle income housing for seniors in the area
6) probably 70 % of the residents will have their own cars
7) in traffic studies that were seen from around the country for senior housing – an independent senior facility on weekdays would generate about 6.8 trips per day compared to a typical single family home that would generate 10 trips per day – the senior trips will typically be at non-rush hour times- Mr. Carroll did hand out literature that supports that study
8) distances – Mr. Carroll pointed out the distances from the building to the property line and different distances on the site
9) lighting – he provided pictures showing the lighting and explained that the lighting is used to accent different characteristics – there would be no more affect than single family properties
10) he showed a rendering of the façade and floor plan
11) there is a common space so the residents could hold parties and also an office for an onsite manager to work with the residents
12) all the units have a kitchenette and there will also be appliances in the common area for events
Mr. Ferreri explained that this is different than what the other adult homes offer because it is totally independent living. There will be a manager that will rent the properties and will deal with the maintenance of the property, there will be no fees and basically this is programmed accordingly to what the Office of the Aging suggested and the demands of the community.
ZONING BOARD OF APPEALS
JULY 25, 2005
PAGE THREE
Mr. Carroll said there are 12 or 13 acres of property with an extensive drainage system. There is a vast
amount of tree canopy to buffer it from Gifford Avenue and also on the north.
When asked about a traffic light, Mr. Ferreri told the Board that he is currently working on getting a traffic light. He said the traffic from this project will not make a major difference but he wants the light for the safety of the residents at Tanglewood Manor. Mr. Ferreri feels that if they have a pleasant atmosphere around the residences it may keep them away from Fairmount Ave.
The Board had questions on:
1) the mosquitoes – the ponds will be aerated
2) the parking spaces and how they determine the number – they tried to design parking for the maximum amount needed
3) if they will have bus service for the residents – Mr. Ferreri said the residents in the apartments will be independent and able to drive – there will not be any transportation given to them as a service – they will pay for their own – they can call a home care agency for help
4) lighting – they will selectively remove trees but the will put in new evergreens – most of the canopy thinning will be back beyond 100 feet off the road – the perimeter of the tree canopy will largely remain undisturbed – the lighting from this facility will be no more than what would come from a residential property
5) the electric will be put underground
Rick Slagle, 105 Merlin Ave., W.E., Jamestown, NY, stated that Tanglewood Manor has always been a good neighbor, obviously shown by how quickly they took care of the dumpster problem. He did have concerns with the encroachment into the residential neighborhood, the ponds that are not fenced in (because of the number of kids in the neighborhood) and the increased traffic. He would like the Board members to look at the property.
Mr. Slagle presented a petition with 27 neighborhood residents’ signatures that request this application be tabled until they have a chance to address the issues. Mr. Slagle spoke to Councilman Geisler, who contacted Supervisor Tyler, to set up a meeting with Tanglewood officials so they could get some answers and have their concerns addressed. Mr. Slagle told the Board that Swan Gutter Service is within the Village of Celoron and they were granted a special use permit about 8 years ago. Mr. Slagle asked if the County Planning Board had responded. Attorney Wright asked Mr. Woodbury if the County had been notified. Mr. Woodbury said the revised plan would have to be given to the County and he could do it jointly for the Zoning and Planning Board. Mr. Slagle gave the petition to Chairman Hoglin and Attorney Stapleton asked the petition be read into the record. Mr. Hoglin read the petition into the record (See “Tanglewood Manor Variance for Special Use Permit” file).
Mr. Sagle said that Gayla Swartsman takes care of children in her home on Merlin Avenue and said the pond was a concern. She also has a concern on the construction noise.
Shawn Maley, Gifford Ave., W.E., Jamestown, NY, stated he had concerns with the noise during the
ZONING BOARD OF APPEALS
JULY 25, 2005
PAGE FOUR
construction because when the Tanglewood Manor construction was going on they would still be working at 11:00 PM. They called the Town and nothing could be done because the Town of Ellicott did not have a noise ordinance. He would like to have this explored so that it could be done during normal office hours. He also said the current driveway does not have a stop sign and a lot of the workers do not stop coming onto Gifford Avenue. He had concerns for the safety of the residents if the building is isolated. He also noted there were no parking garages. He would like to have a meeting so the neighbors can address their concerns before the special use permit is granted.
Rhonda Giordano, owner of property on Gifford Ave., W.E., Jamestown, NY, asked if they have looked at having the entrance off Livingston Avenue instead Gifford Avenue.
Mr. Carroll stated the property does not abut Livingston Avenue.
Lee John, Merlin Ave., W.E., Jamestown, NY, had concerns with the number of children on these two streets, there are no curbs or sidewalks, the wooded areas will be affected, the sound and visual effects, the facility will double or triple the number of households in the area (because there are only 35 homes on the two streets), the existing 140 feet is not that extensive and the paper street (Lee Avenue) will be turned into a driveway. He respects what Tanglewood Manor does but would like to see them not come so far back into the residential area.
Mr. Malay asked if there was a State moratorium on building nursing homes and if it includes retirement homes. Attorney Wright said you could build a nursing home but would not get any help paying to occupy them. He said it has been made clear this is not a nursing home and that is not relevant to this application.
Mr. Stapleton said they have tried to make it clear this is a private residential apartment building. He said the stop sign issue is something that Brad Lawson is trying to put in place. Mr. Ferreri can deal with the contractors on the issue of the late hours of construction. Mr. Stapleton urged the Board to ask the issues and have the experts answer them. They need expert testimony and comments on the record.
Brian Jeffrey, Gifford Ave., W.E., Jamestown, NY, asked why the comments of the people that live there are not good enough.
Mr. Stapleton said he walked the area and there are three houses. All the homes that go back and around back up onto Merlin are not associated with this project and they are not hearing any expert testimony.
Gayla Swartsman, Merlin Ave., W.E., Jamestown, NY, said Tanglewood is in her backyard. Because there is no noise ordinance they let the construction noise go before. She takes children to play and take nature walks there, but will not be able to because of the ponds. Her issue is the added
ZONING BOARD OF APPEALS
JULY 25, 2005
PAGE FIVE
traffic on Gifford Avenue. Older residents will be active and there are residents from Tanglewood that walk the neighborhood. There have been fatalities.
Mr. Slagle said this project does affect the whole neighborhood and because Tanglewood Manor is on the application it does have something to do with them. He said they did have a neighborhood meeting before they build Memory Gardens and the neighbor’s questions were answered. He said they are asking that the neighbors have input. Mr. Slagle asked if the Board could act until the County Planning Board responded. He again asked the Board to table this until they can get their questions answered.
Attorney Wright said Mr. Slagle stated they wanted a meeting and were going to identify issues but the only issue they stated with specificity is that they may come up with a different orientation for the building. Mr. Slagle said one thing they were talking about was the parking lot lighting. He wondered if the parking lot could be reoriented so the building would block the lights from the parking lot. He said they also have concerns with the ponds. They also raised the question if the driveway could come off the existing driveway on Fairmount Ave instead of Gifford Avenue.
Mr. Woodbury said he heard Councilman Geisler and Supervisor Tyler wanted to make a positive project by working with the neighbors. Rick said in fairness to Councilman Geisler and Supervisor Tyler they did not talk to them until after the Planning Board meeting so there has not been a lot of time to set up a meeting.
Attorney Wright reviewed section 146-9, which distinguishes between uses that are permitted uses (ones that are permitted as of right without coming into the Zoning Board of Appeals) and special permit uses. This permit is under section 146-9 C, which reads apartments, multiple dwellings and group housing, and is allowed only with a special use permit. He also reviewed section 146-64 which is the criteria for the granting of the special use permits and the standards. He read the standards. The Board may impose conditions on the special use permit that it seems appropriate that will safe guard the intention of the code, which is to allow a higher intensity of use in a residential area.
Attorney Wright stated under 267 of the Town Law the Board does have restrictions on time for the granting of use variances and area variances. Special use permit is a local code and does not rely upon the Town Law and the time restriction does not apply. In response to Mr. Slagle, Attorney Wright said that if the Board were to table this application they would not be violating any statue.
Mr. Ferreri explained they now have 208 beds and 120 employees in their facility that are now dealing with the traffic pattern. In his opinion, as well as the engineer’s opinion, the 24 apartments are not going to affect the traffic patterns. He stated that both he and his father have built facilities that have been first class and very well landscaped. They have always cared about the residents. Mr. Ferreri said the ponds would certainly be fenced and gated. The stop sign, as the garbage, will be handled as soon as possible. He will not build a project that does not work. The reason he got into this project is because of the demands of the County. There are senior citizens that do not have a place to go that is
ZONING BOARD OF APPEALS
JULY 25, 2005
PAGE SIX
handicapped accessible. They will do anything possible to make it user friendly and are willing to meet with the neighbors but there are going to be some things that cannot be done on a practical or financial level. He said the residents of Memory Garden would love to fish in the ponds. He has tried to purchase all the properties that were affordable so the project will work. If he builds this project and it cost a lot of money he would have to charge too much and people could not afford to live in the apartments. He and his staff worry about the security and they will have the ponds protected. They will improve anything around the area and will continue to support the neighborhood. Mr. Ferreri said they would make this project as affordable as they can so people can afford to live in the facility because the community needs this. When asked why it had to be in the back lots, Mr. Ferreri said it was because he already owned the property.
Mr. Carroll said the ponds will be shelved around the perimeter and they will use NYS DEC recommendations to create a deep spot for the fish that will be approximately 6 feet. Mr. Ferreri said it could cost him money but can control the hours of construction. Mr. Ferreri said that the landscaping would include possible evergreens around the perimeter of the parking lot. The changes in the plans are not part of the application that is being considered for the special use permit.
Mr. Woodbury told the Board there is a referral requirement to the County for several reasons, such as site plan review and for variances, but a special use permit is a local condition and they would like the County’s opinion but he is not sure they are required to get it. The County will have to agree with all the details before it goes to the Planning Board. If possible Randy will get an opinion for the Zoning Board for the special use permit as well but it may come as an informal comment.
Chairman Hoglin said he heard enough that if a meeting can be arranged between the residents and Tanglewood it should be.
Motion made by Pat Martonis,
seconded by Dave Remington, to table this application for Tanglewood Manor so
the Board members could go up and look at the site and get the County’s input
on this project.
Carried. Ayes-6 Noes-0 Absent-1
Attorney Wright commented that issues have been brought up, including a tree buffer and a fence around the pond, which are not reflected on the drawings. If at all possible, by the time the Board reconvenes, those things should be available so this Board can consider the actual plan the applicant intends to put before the Planning Board.
Kimberly Lombard, Merlin Ave., W.E., Jamestown, NY, had concerns about the entrance.
Mr. Ferreri asked what the Board expected of him if he sat down with the neighbors. Attorney Wright told him this Board was not making any requirement that he sit down with the neighbors. The motion
PLANNING BOARD
JULY 25, 2005
PAGE SEVEN
to table was made because this is the first time the Board has seen the plan and would like to go out and see the property. A meeting with the neighbors would probably help the process but this Board is not imposing it as a condition. Attorney Wright said his primary concern was there were some developments they are asking the Board to make a decision on that have not been reflected on the plans.
Chairman Hoglin reopened the
public hearing for Northgate Church for a sign variance to allow two 50 SF
signs instead of one 100 SF sign at County Route 380 and NYS Route 60.
There was no one present to represent the Church. Mr. Woodbury had not heard anything from the applicant. Attorney Wright said the Board would note the non-appearance for the record and take no action, that way it will not start the time to consider this application.
Chairman Hoglin opened the
public hearing for Richard J. Jose, 2164 Swanson Rd., Jamestown, NY, for a
variance for a second garage.
Mr. Jose explained that he wanted to build an 18’ by 24’ garage. He showed the Board a survey and photos of the property. He is within the allowed setbacks. The garage is for storage and a work area. He will not have a driveway to the building because he will only store a lawn tractor. It will be vinyl sided with an overhead door and a door on the back. This is a standard size garage that could hold two cars but he is putting a wood floor as opposed to a cement floor. Because of trees and the sewer he does not want to run anything across that property. Mr. Jose has an existing attached one-car garage that is 336 SF. The new garage will be 332 SF. His property is zoned residential.
Neighbors were notified and there was no response.
Attorney Wright reviewed section 146-5 of the Town of Ellicott Planning and Zoning code. Mr. Jose would comply with the code for the allowed square footage and the number of cars so the only variance he needs is for the number of garages. It is an area variance under 267 B of the Town Law. Attorney Wright reviewed the criteria for the area variance.
Mr. Jose said he had talked to the neighbors and Mr. Merrill, the only one that this project affects, said he did not have a problem with his plans. The existing non-compliant shed will be taken down.
Attorney Wright stated this project is exempt form SEQR.
Motion made by Dave
Remington, seconded by John Merchant, to approve the area variance for a second
garage for Richard J. Jose, 2164 Swanson Rd., Jamestown, NY.
Carried. Ayes-6 Noes-0 Absent-1
ZONING BOARD OF APPEALS
JULY 25, 2005
PAGE EIGHT
Motion made by John Merchant,
seconded by Kathy Hedstrand to adjourn the meeting at 9:20 PM.
Carried. Ayes-6 Noes-0 Absent-1
______________________
Valerie Pierce, Secretary