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 29, 2002 AT 7:30 P.M.
PRESENT: Vice Chairman Dave
Remington, John Leamon, Robert Thomas, Kevin Saff, John Merchant,
Attorney William Wright and Code
Enforcement Officer Randy Woodbury.
ABSENT: Al Suchar and Steve Hoglin
Vice Chairman Remington called the meeting to order
at 7:30 P.M. Secretary Pierce called the roll.
Attorney Wright swore in everyone that would be
testifying at this public hearing.
Mr. Remington reopened the public hearing for Todd and Patricia Nelson, 72 Robinson Ave.,
W. E., Jamestown, NY for a
garage set back variance and special use permit to add a third apartment above
a garage in a residential zone.
Randy Woodbury told the Board members that the
Nelsons have hired an attorney and have been surveying. They are working with Attorney Wright and
Town Attorney Ken Lasker.
The Town received a letter from Attorney Jeffrey Scherzer, SBA Properties, requesting that the
project for the tower on Howard Avenue be adjourned until the August
meeting. The applicant is exploring
various alternatives.
Vice Chairman Remington opened the public hearing
for Thomas Mann, 169 Longview Ave.,
W.E., Jamestown, NY for a set back variance for a garage.
Mr. Mann requested that he be able
to build a garage one foot instead of the required 25 feet from the highway
right-of-way.
Mr. Mann
told the Board that before he purchased the property about 4 or 5 years ago the
previous owner sold off 50 feet of frontage and the garage. Mr. Mann explained that he needed storage
and he shared photos with the Board members of the property. Mr. Mann stated this will be a 24’ x 26’ one
story garage.Mr. Mann told the Board that the existing garage would be for
non-garage storage.
Jean Boba, 165
Longview Ave., W.E., Jamestown, NY, had concerns that Mr. Mann does this building
according to code. Mrs. Boba stated he had put up a shed that was to close
to her fence. Mr. Mann had to move the shed because she was unable to maintain
her fence. Mr. Mann explained that he
would not need the storage shed if he built the new garage.
Attorney Wright asked Mr. Woodbury why Mr. Mann was
not applying for two variances - one
for the set back and one for a second garage.
Mr. Woodbury stated it was his understanding Mr. Mann would be
converting the existing garage into living space.
ZONING BOARD
OF APPEALS
JULY 29, 2002
PAGE TWO
Mr. Mann and the Board discussed other options such
as attaching the garage to the house or to the existing garage. The Board asked Mr. Mann if he were willing
to explore other options. Mr. Mann said
he would explore the other options and asked the Board to table this
application until he could do so.
Motion made by
Bob Thomas, seconded by Kevin Saff to table this application for Thomas Mann,
165 Longview Ave., W.E., Jamestown, NY at the applicants request.
Carried. Ayes-5 Noes-0 Absent-2
Mr. Remington
opened the public hearing for Fluvanna Community Church, 3363 Fluvanna Ave.
Ext., Jamestown, NY for a sign variance and the renewal of a special use
permit.
Jay Young,
representative of the Fluvanna Community Church, explained to the Board
members the new sign they would be constructing. They want to replace the old
sign that was no longer legible. He had
a model showing the sign and the planters and flag poles they wanted to put in
front of the church. They are
requesting they be allowed to have a larger sign than is allowed in this
residential zone and are asking for a lighted sign. They will be putting three
flag poles behind the sign.
Mr. Young told the Board the sign would have a “halo”
light and it would also shine light on the American flag. The sign is 8 feet in height and the code
allows 6 feet. The allowable square footage for a sign in the residential zone is
6 square feet. The sign is a pie shaped sign and according to the code both
sides of the sign would count toward square footage. Attorney Wright read the definitions of a sign and the area of a
sign from the code book.
John Leamon asked if the current sign was 3
dimensional or flat. The current sign is double sided but flat. Kevin Saff asked if the Church might
consider making the new sign a double sided sign instead of pie shaped so the
Board would be able to consider a smaller variance. Attorney Wright stated that
the flag poles were not part of the sign and would not be an issue since there
is not advertising on them.
Attorney Wright stated the Church would need a
variance for square footage and for the height of the sign. The proposed sign
with the planters measures approximately 16 feet. Without the planters it
measures about 12 feet. The Board
members were in agreement that the planters are an integral part of the sign.
Mr. Young asked if the Board could give him some
perimeters to take back to the Church Board. Attorney Wright explained the
Board could not do that but that he had heard the comments of the Board.
John Leamon stated that the sign is very attractive
and the Board would like to approve it but this request seems to push the code
in every direction. Other Board members agreed and asked if they could consider
some changes. Kevin Saff asked about upgrading the current sign. John Merchant asked if the frontage of the
building should have any consideration for this sign. Attorney Wright explained that the only time frontage is
considered is when the Board is considering a wall sign.
ZONING BOARD
OF APPEALS
JULY 29, 2002
PAGE THREE
Mr. Young
stated he would like this tabled so he can take it back to the Church Board and
see what they wanted to do.
Motion made by
John Leamon, seconded by John Merchant to table the application for Fluvanna
Community Church for a sign variance at the applicants’ request.
Carried. Ayes-5 Noes-0 Absent-2
The public hearing for the renewal of the Special Use Permit for Fluvanna Community
Church to allow a Church in a residential zone was opened.
Both Mr. Woodbury and Secretary Pierce stated there
were no complaints received by the Town about Fluvanna Community Church.
Mr. Young stated there have been no changes in the
operation of the Church. There were no
additional questions from Board members.
Motion made by
Dave Remington, seconded by Bob Thomas to approve the renewal of the special
use permit for Fluvanna Community Church at 3363 Fluvanna Ave. Ext., Jamestown,
NY.
Carried. Ayes-5 Noes-0 Absent-2
Mr. Young was asked to remind the Church that this
is two year renewal. If they would like they could request not to appear before
the Board for the renewal if done before the time it is due. The Board could consider waiving their
appearance before the Board.
Motion made by
Dave Remington, seconded by John Merchant to approve the minutes of the June
24, 2002 meeting.
Carried. Ayes-5 Noes-0 Absent-2
Carried. Ayes-5 Noes-0 Absent-2
_______________________________________________
Valerie Pierce, Secretary