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 NOVEMBER 4, 2002 AT 8:00P.M.

 

PRESENT: Chairman Al Suchar, John Leamon, Dave Remington, Bob Thomas, Steve Hoglin,  

                     Attorney William Wright and Code Enforcement Officer Randy Woodbury

ABSENT:  Kevin Saff and John Merchant

 

Chairman Al Suchar called the meeting to order at 8:00 P.M.

 

Motion made by Dave Remington, seconded by Steve Hoglin to approve the minutes of the September 30, 2002 meeting.

 

Carried.                   Ayes-5                        Noes-0                     Absent-2

 

Attorney Wright swore in everyone that would be testifying at this public hearing.

 

Chairman Suchar reopened the public hearing for Todd and Jennifer Nelson, 72 Robinson Ave., W.E., Jamestown, NY for a garage set back variance and a special use permit to add a third apartment above the garage in a residential zone. 

 

Code Enforcement Officer Woodbury told the Board members that the applicant was working with him on some code violations and should be ready to appear nest month.

 

Chairman Suchar reopened the public hearing for SBA Properties and Horizon Personal Communications to construct a telecommunications tower at 403 Howard Ave., W.E., Jamestown, NY on property owned by the Church of the Nazarene.

 

Attorney Wright received a letter from Cathy Bardenstein, attorney for the applicant, requesting this application be withdrawn without prejudice for filing a future application.

 

Motion made by Bob Thomas, seconded by Steve Hoglin to approve the withdrawal of the application for SBA Properties and Horizon Personal Communications.

 

Carried.                   Ayes-5                     Noes-0                    Absent-2

 

Mr. Woodbury reminded the Board that when an applicant withdrew their application they would have to file a new application and pay new fees when applying  in the future.

 

Chairman Suchar reopened the public hearing for Fluvanna Community Church, 3363 Fluvanna Ave., Jamestown, NY for a sign variance. 

 

Hope Frederickson, Attorney for the Church, asked the Board to consider an amended application for the sign. 

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Attorney Frederickson explained that the sign would no longer be pie shaped but would be a two sided sign with a brick façade.  It will be 8 ½ feet high and approximately 42 square feet. The sign will be lit from the back.  The existing sign is twenty years old and needs to be upgraded. It will be a memorial gift from a church member. 

 

Ms. Frederickson explained the benefits to the Church far out weigh the determent to the neighborhood because there is no determent to the neighborhood and the Church will be more readily identifiable for community related uses.  She provided a list of community related uses (other than church related) and reasons people need a sign to identify the Church.

 

Attorney Wright reviewed the code with the Board.  John Leamon stated that the lot seems big enough to accommodate the larger sign.  The Board members agreed and also noted that even though it is zoned residential there are a lot businesses in the area. 

 

Mr. Woodbury stated that the sign meets the set back requirements.  Chairman Suchar asked if the sign would be placed any closer to the road and Mr. Jay Young, representing the Fluvanna Community Church, stated the sign would not be placed any closer to the road.

 

Attorney Frederickson wanted it noted for the record that there has been no public opposition to this sign.

 

Motion made by Steve Hoglin, seconded by John Leamon to approve the sign variance for Fluvanna Community Church at 3363 Fluvanna Ave., Jamestown, NY with the modification that the sign be no closer to the road than the existing sign.   

 

Carried.                 Ayes-5                       Noes-0                   Noes-2

 

Chairman Suchar reopened the public hearing for Chautauqua County Humane Society, 2825 Strunk Road, Jamestown, NY for a special use permit for an animal crematory.

 

Kathy Morton, manager for the Humane Society, asked if she needed to ask for a new special use permit or if they could modify the special use permit they already have.  Attorney Wright suggested the application be treated as a modification to the permit they have. 

 

Ms. Morton explained the reasons they needed the additional crematory.  They have sold the property on E. Elmwood Ave. in Falconer that had a good crematory and bought property on Fluvanna Ave., Jamestown, NY that does not have the space for one.  They do contract with several veterinarians. 

 

Chairman Suchar asked if this additional crematory will meet their needs in the future.  Ms. Morton said it will.  Mr. Suchar asked Mr. Woodbury if they would need a building permit or would need site plan approval.  Mr. Woodbury stated they would need a permit but no site plan approval would be required for the plans as they have been presented. 

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Mr. Woodbury and Secretary Pierce stated there have been no complaints concerning the Humane Society.  There was no opposition from any neighbors.

 

Attorney Wright reviewed the criteria in 146-64C of the code with the Board members and  stated this proposed project is exempt from SEQRA in 6NYCRR, Part 617.5(C) 7 as an accessory building less than 4000 square feet.

 

Motion made by Dave Remington, seconded by Steve Hoglin to approve the application for Chautauqua County Humane Society for a modification to their special use permit for an additional crematory at 2825 Strunk Road, Jamestown, NY.

 

Carried.                  Ayes-5                         Noes-0                      Absent-2

 

Chairman Suchar reopened the public hearing for Monroe Muffler Brake, 1010 Fairmount Ave., W.E., Jamestown, NY for a sign variance to replace a ground sign removed during highway construction.

 

George Jarrett provided photos of the properties in all directions and of adjoining businesses.  He showed a proposed sign at different heights and set backs. 

 

Mr. Jarrett reviewed the criteria with the Board members and explained why he thought Monroe Muffler met the criteria.

1)      there will be no determent to the neighborhood – no undesirable change will be produced

                   because there are already  existing businesses there with multiple and free standing signs

2)      there is no other method to achieve this without the variance as shown by the photos provided to the Board

3)      the variance is not substantial because of the street topography

4)      there will be no adverse effect on the area – it might even  improve safety issues

5)      it is not self-created because of the road taking

6)       

Mr. Jarrett told the Board that Monroe Muffler lost their competitive advantage when the road taking eliminated their free standing sign.  They had three signs before but would be willing to remove the sign on the west side of the building if they were granted the ground sign. They would not be willing to eliminate the front sign.

 

Attorney Wright reviewed Section 146-67.4E of the code with the Board. 

 

Monroe Muffler would be eliminating 45 SF of signage with the removal of the sign on the west side.  Mr. Suchar asked the Board for any comments.  Bob Thomas said that the front signage would seem to be important for the traffic coming down Southwestern Drive.  The Board asked if Mr. Jarrett would consider the smaller standard sign (32 SF) that the company offered instead of the 60 SF sign. 

 

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Mr. Jarrett said they would consider the smaller sign if the it could be set at  the 12 foot height instead of 30 feet. John Leamon stated he felt the smaller lower sign would be acceptable.

 

Attorney Wright stated this proposed variance would be exempt from SEQRA because it is an individual area variance.

 

Motion made by Bob Thomas, seconded by Steve Hoglin to approve the sign variance for Monroe Muffler, 1010 Fairmount Ave., W.E., Jamestown, NY for a 4’ x 8’ sign at a height of 12 feet and the elimination of their sign on the west side of the building.

 

Carried.               Ayes-5                   Noes-0             Absent-2

 

Chairman Suchar opened the public hearing for Kurt and Margaret Gustafson and Gregory and Diane Paterniti for a use variance to build a 3 or 4 car garage on a vacant lot Glenwood Ave., W.E., Jamestown, NY.

 

Mr. Gustafson and Mr. Paterniti gave a presentation and explained some of the history of the lot and told the Board they would like to build a 25’ x 48’ garage.  The lot is in a residential zone and not contiguous with either of the owners lots. It is surrounded by the City of Jamestown and only accessible by the use of paper streets.  The lot is now being used as a dumping area and decreasing in value. The applicants would like to purchase the paper street. 

 

Attorney Wright explained that the applicants need a use variance and reviewed Section 146-7 with the Board.  Mr. Wright also reviewed Section 267B of the Town code and stated the applicant must meet all that criteria.  Discussion followed on the criteria.

1)      the owners can not realize a reasonable return – the applicant has not tried to sell the property on the open market and had no financial evidence for the Board – the owners stated the property was too small (lot is 50’ by 100’)  for a residence but Mr. Woodbury stated that a 20’ by 60’ home  could be built on that lot

2)      the property is unique – it is surrounded by the City of Jamestown and cannot be accessed only by the use of a paper street

3)      the project will not alter the character of the neighborhood – applicant feels it will improve the neighborhood and there is a natural buffer

 

The Town received a letter dated 11/04/02 from Debra Swan, 108 Glenwood Avenue, urging the Board to deny the application because she feels it would degrade the quality of the neighborhood and the value of their homes.

 

4)      the hardship is self-created – the Board feels it is because the applicant knew the situation

when they purchased the property – the applicant stated there would be no other constructive use for the property

 

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Attorney Wright stated this project is not exempt from SEQRA review and the applicant would have to provide a short form EAF.

 

Chairman Suchar started to poll the Board members to see if they wanted to vote on this application or if they wanted to review it for a month and get more information.  The Board members were in agreement they would like to table this application until the next meeting.

 

Motion made by Bob Thomas, seconded by Dave Remington to table this application for Kurt and Margaret Gustafson and Gregory and Diane Paterniti for a use variance on Glenwood Ave., W.E., Jamestown, NY. 

 

Carried.                  Ayes-5                       Noes-0                  Absent-2

 

Mr. Gustafson told the Board members he or Mr. Paterniti would be glad to answer any questions and they could contact them anytime.

 

Chairman Suchar opened the public hearing for Green Acres Enterprises LLC for a sign variance on property owned by Jack Scalise on N. Main St. Ext., Jamestown, NY. 

 

Edward Martiny, managing partner, presented the plans for a 1 ½ to 2 million dollar 5000 square foot convenience store with a fast food franchise on about 3 ½ acres of the 8 acres site. There will be 8 fueling bays for gasoline and 6 fueling for diesel.  There will be 7 parking spaces for 18 wheeler trucks.

 

Mr. Martiny provided a letter from NYS that stated Mr. Martiny did not need to register with them but would have to comply with all the local ordinances.  He entered into the record a copy of the contract of sale with Mr. Scalise that was signed on July 3, 2002 that stated the sale was contingent on the approval of the site plan and the variance approval. 

 

Mr. Martiny would like a 100 SF sign at a height of 23 feet on North Main St. Ext. and is also asking for a 200 SF sign at a height of 100 feet on his property visible from I-86. Mr. Martiny provided a letter from Abate Engineering that stated the heights of the existing signs at Comfort Inn and Red Roof Inn and their determination of the height that Mr. Martiny would need to make his sign visible. Mr. Martiny told the Board he needed to capitalize on I-86 to make this project feasible.

 

Mr. Martiny reviewed the criteria with the Board and Attorney Wright.  They discussed the balancing of the benefit to the applicant with the determent of the neighborhood. They discussed:

 

1)      any detriment to the property – no undesirable change because the property was recently  zoned mercantile

2)      other method of to accomplish – Mr. Martiny stated he needs the visibility from I-86

 

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3)      substantial variance – other businesses such as Red Roof Inn, Comfort Inn and Mobile have multiple signs and are higher than the required height

4)      an adverse effect on the neighborhood – Mr. Martiny suggested this is not a neighborhood but a

district and will have no effect – there will be no health, welfare or safety issues

5)      self created by applicant – Mr. Martiny does not think so because the area is zoned mercantile

 

The Board asked Mr. Martiny to provide some photos of the sign at different heights and from different directions.  Mr. Martiny did not think he could provide them and felt the report from his engineer should be taken into consideration.  Mr. Martiny needs to prove that visibility is an issue.

 

Motion made by Dave Remington, seconded by Al Suchar to table this application for a sign variance for Green Acres Enterprises, LLC.

 

Carried.                 Ayes-5                    Noes-0                 Absent-2

 

 

Motion made by Bob Thomas, seconded Steve Hoglin  to adjourn the meeting at 10:45 P.M.

 

Carried.                      Ayes-5                      Noes-0                     Absent-2

 

 

 

 

____________________________________________

Valerie Pierce, Secretary