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 27, 2006 AT 7:00 PM.

 

PRESENT: Chairman Steve Hoglin, David Remington, Angelo Cimo, Pat Martonis, Kathy Hedstrand, Attorney William Wright, Code Enforcement Officer Randy Woodbury, and Secretary Pam Vanstrom.

 

ABSENT:  Richard Keefer and John Merchant

 

Chairman Hoglin opened the meeting at 7:05 PM and Secretary Vanstrom called the roll.

 

Motion made by Kathy Hedstrand, seconded by Ang Cimo to approve the minutes of the October 30, 2006 meeting.

 

Carried.                 Ayes – 5                         Noes – 0                       Absent – 2

 

Attorney Wright swore in all present that would be giving testimony at this public hearing.

 

Chairman Hoglin opened the Public Hearing for Falconer Enterprises, LLC (Harley Davidson of Jamestown) for sign variances at 1951 East Main St., Falconer, NY.

 

Brian Reid, representing Harley Davidson, said Mr. David Reid was present at the last meeting and proposed dropping the signage down to a much smaller square footage and to add a clock to the building.  They have eliminated the large circles around both signs on the west and north sides of the building, which decreased the square footage more than half.  By eliminating the circle they decreased the square footage to 51 SF per side. They added a clock, with no sign within the clock, to the north side of the building.  Harley Davidson would not approve the sign within the clock because of the Trade Mark signs. There are still two shields, one the north side and one on the west side along with the clock. The “Harley Davidson of Jamestown” sign stayed the same at 82.3 SF. Mr. Reid told the Board that he was informed by the architect that the actual sign, when incorporated into the Harley Davidson official sign, would be smaller. The signs will be illuminated. Both shields will be at a height of 35 feet. Mr. Reid had a rendering of what was proposed at the last meeting but did not have the new updated photo with the clock incorporated that he had received from the architect.  

 

Pat Martonis asked what the excess square footage is now because before it was a 38.3 SF. Attorney Wright stated the Board determined at the last meeting they would be allowed 270 SF.  Now they would need a variance just for the number of signs.

 

Attorney Wright reviewed section 146-67 4 E, which allows one wall projecting sign or one ground sign in a mercantile or shopping center districts. In buildings where there are multiple tenants you are allowed to have a ground sign that is common to the tenants and a wall sign for each of the tenants. This is a single occupancy and there is no ground sign proposed so the Board determined that while there is not a specific size stated in the code that meets what this applicant is requesting the best thing is to use the requirement of 1 ˝ square foot for each linear foot of building frontage.

 

Even if the square footage is met the applicant needs a variance for the number of signs from one sign to three signs.  The variance would be an area variance under 267 B of the Town Law, which is the balancing test where the Board considers the benefit to the applicant is the variance is granted versus the detriment to the rest of society.  Mr. Wright reviewed the criteria for the Board members.

 

Attorney Wright stated that while there is no height restriction on a wall sign under the code there is a height restriction on a ground sign of 30 feet. There is no restriction on the wall sign because there is no restriction on the height of the wall.  In this case an area variance was granted for the height of the building. Mr. Wright thought is was significant for consideration of the Board because the sign is proposed to be on the portion of the building, which has a variance regarding height. 

 

Mr. Reid said the reasoning behind seeking a variance for the height of the building tower is because it is significant to the appearance of the architect’s design and an attraction coming from the expressway.  Attorney Wright said it certainly merits consideration by the Board because the tower already in and of it self is certainly going to draw visual attention.

 

There were no neighbors present and there was no correspondence received by the Town for this application. 

 

Pat Martonis asked how high some of the ground signs are in the Town such as the Kwik Fill and the motels.  Randy stated that some of the signs along I-86 are 200 feet in height and received variances for their signs. She asked if one of the considerations for the height of the sign is the visibility from I-86.  Mr. Reid said that is a valid consideration but he thought it was more important for the signature of the building.  He did not know if that height at the exit of I-86 would accomplish that and if they wanted that he would be asking for a sign like the one at Comfort Inn.  Attorney Wright said their argument was that they needed a sign that was high enough and would provide the drivers an opportunity to see the sign and be able to react at that exit.  Mr. Reid stated the look of these signs would be better for the size of the building.

 

Steve Hoglin asked how important it would be for the bar and shield signs to be at 35 feet versus 30 feet. Mr. Reid said it does have importance because of the clock underneath it and of the limited amount of space.  The “Harley Davidson of Jamestown” sign will actually be smaller. Mr. Wright asked if they could put the clock over the sign. Discussion followed on if the sign should be over or under the sign.  Mr. Reid said Harley Davidson looked at it as a Trade Mark infringement.   He said he honestly was trying to keep the sign as high as possible and having the sign on the building would look better than having a pole sign. Harley Davidson actually require both a pole and wall sign but corporate will realize the restrictions are placed by the Town because of the code.   They would like to keep the sign on the top because they are doing the clock as a community benefit. The sign on the top would be a greater benefit to them and would be more attractive. He did ask Harley Davidson to have just the clock on the one side and the sign on the other but again they thought it was a Trade Mark infringement. Attorney Wright said if they eliminated the sign on the side with the clock they would reduce the requested number of signs from three to two and would only be asking for a variance for one additional sign. Mr. Reid said they would consider that but would then consider the clock on the west side and the sign on the north side and that would hide the clock except from the people coming out of Falconer. If they were going to the expense of a clock they would like it to be used by as many people as possible.

 

Kathy Hedstrand said they have eliminated the ground sign and that should be a consideration. She stated there are other pole signs higher than the 30 feet.

 

Chairman Hoglin said this application as presented is a request for three signs with a total square footage of not more than 184.3 SF.  Mr. Reid said they would consider the clock on the west side in lieu of the bar and shield but would like to leave it as presented.

 

Attorney Wright asked Mr. Reid what their schedule is and if they would want the Board to hold this application until the next meeting to present his drawing.

 

Mr. Reid said they are already behind but they hope to break ground March 1st and are really trying to get Harley Davidson to give their next level of approval for the architect.  They cannot move forward until they have a finished approved lighting plan and the sign approval.

 

Mr. Reid requested the Board to table this application so he could bring in the drawings for the Board. Chairman Hoglin asked Mr. Reid if he was going to bring drawings if he could bring a drawing with the bar and shield signs shown at 30 feet.  He would also like to see the clock on the west side with the bar and shield at 30 feet. Another request would be to swap the clock to the top leaving the shields at 30 feet. Mr. Reid said he would also show the drawings with the signs proposed at 35 feet.

 

The Board members thanked Mr. Reid for reducing the signs because they did what they had asked them to do. Mr. Hoglin stated it is the responsibility of the Zoning Board to grant the minimum variance.

 

Randy Woodbury stated the next meeting would probably be in January because of the holiday. Attorney Wright said it would be early in January. Pat Martonis stated if would not be fair to the applicant to wait so it should be earlier in January.  

 

Motion made by Pat Martonis, seconded by David Remington to table the request for Harley Davidson of Jamestown, 1951 East Main Street until the January meeting.

 

Carried.                            Ayes – 5                              Noes – 0                                Absent –2

 

Chairman Hoglin opened the Public Hearing for a renewal of a Special Use Permit for SBA Properties, Inc. at 3108 Eckman Road, Jamestown, NY for a cell tower.

 

Randy told the Board that SBA Properties called him this afternoon and are still working on the required reports and requested to come in January. He told the applicant the neighbors had been notified and if there were any comments the Board could address any concerns. He has not received any complaints about the SBA tower but he told the Board they are approximately one cycle behind in their renewal. 

 

Attorney Wright asked if the tower went up under the new code that required the posting of the bond and bi-annual structural evaluation.  Randy said those revisions were done in 2002 and this tower was done in 2001. Kathy Hedstrand asked if the tower is subjected to the new laws and Attorney Wright stated that all cell towers are subjected to the new laws. 

 

There were no neighbors present and no correspondence received by the Town for this application.

 

Attorney Wright said the Board should note the non-appearance of the applicant for the record and note the Zoning Board has not started its consideration of this application.  The Board will not table this because it is a non-consideration at the request of the applicant.

 

Chairman Hoglin opened the Public Hearing for Shauna Benson, 120 Lakeside Blvd., for a variance for an extension of house/garage with less than the required 5-foot setback.

 

The applicant did not appear.  Kathy Hedstrand noted the application was not signed by the applicant and asked if it needed to be signed. Mr. Wright said that would not be an issue. Attorney Wright asked if Randy had any conversation with the applicant.  Randy did not know why they did not appear.  Attorney Wright stated the Board could not take any action until the applicant appears before the Board but could hear testimony. The Board did not have enough information to consider the area variance.

 

Pat Martonis asked if this house already has a two-car garage.  Randy said the extension would run north to south and would be towards the lake. Randy said the owner does not have permission to do anything at this point and they have erected a fence without a permit.

 

Daisy Russell, 114 Lakeside Drive, owns the property right next to the Benson property. She told the Board that her property is up for sale and one of the selling points is that there is room to add on. She  is concerned that the approval of this area variance would make it more difficult for her to sell her property. She had placed a letter on file with the Town Clerk’s Office asking the Board to deny this application.  Ms. Russell said a large metal dog kennel was erected on the property this last year that came out from the garage towards the lake, which is where he wants to put the addition. She asked if the dog kennel required a variance. She has concerns with the appearance because the things done in the past are unsightly, the obstruction of their view of the lake and the devaluation of her property.

 

Motion made by Kathy Hedstrand, seconded by David Remington to table the application of Shauna Benson, 120 Lakeside Blvd., for an extension of the house/garage with less than the required 5 foot setback pending the appearance of the applicant. 

 

Carried.                      Ayes  - 5                          Noes – 0                     Absent –2

 

Motion made by Kathy Hedstrand, seconded by Pat Martonis to adjourn the meeting at 8:00 PM.

 

Carried.                       Ayes – 5                          Noes – 0                     Absent – 2

 

 

__________________________

Pam Vanstrom, Secretary