(12/29/14) ZBA minutes 205 MINUTES OF THE REGULAR MEETING OF THE TOWN OF ELLICOTT ZONING BOARD OF APPEALS HELD AT THE ELLICOTT ADMINISTRATION BUILDING, 215 SOUTH WORK STREET, FALCONER, NY 14733 ON DECEMBER 29, 2014 AT 7:00 P.M. PRESENT: Chairman Steve Hoglin, John Merchant, Jean Holton, Ang Cimo, Phil Pratt, Attorney William Wright Jr., and Code Enforcement Officer David Rowe and Secretary Valerie Pierce ABSENT: Al Hendrickson and Ken Lyon Chairman Steve Hoglin opened the meeting at 7:00 PM and led in the Pledge of Allegiance. Secretary Pierce called the roll. Motion made by Ang Cimo, seconded by Phil Pratt to approve the minutes of the October 27, 2014 meeting. Attorney Wright swore in everyone that would be giving testimony at this meeting. Chairman Hoglin opened the Public Hearing for P C Projects (J B Crosby) for a renewal of a Special Use Permit for a Home Occupation to operate a home computer business in his home at 2327 Camay Lane, Jamestown, NY. Mr. Crosby addressed the Board: he provided the Board members with a brochure that explained his business he does advertise in the Post Journal he has a work area in his basement on a busy day he has approximately four clients dropping off and picking things up during the course of a day some days there is no one most of the work is running computers he has no employees he does have a small sign that is 2 SF this is his 10 th year in business this is a renewal there have been no complaints from neighbors this is his full time work over the course of time he has done wedding photography and has done some photography for the Jackson Center he has transitioned out of wedding photography
(12/29/14) ZBA minutes 206 he was last before the Zoning Board on January 29, 2007 and was granted a renewal for five years he has a P O Box at the UPS store on Foote Ave., Jamestown, NY that he advertises on the website most of his business is walk-ins his customers park in his driveway he has a 2 ½ car garage with a turn around Secretary Pierce stated there was no correspondence concerning this renewal. Mr. Crosby was due for renewal in January 2012. Mr. Rowe has had no complaints concerning this business. Attorney Wright reviewed the home occupation section of the Town of Ellicott Zoning and Planning Code. He stated that this is a renewal with no changes and is exempt from SEQR as a Type II action. Phil Pratt suggested that Mr. Crosby be given a five year renewal going back to January 2012. That would make Mr. Crosby due for renewal in January 2017. Mr. Crosby asked if that was necessary and asked if the Board could grant it for a longer period of time. Jean Holton asked if they could renew for longer. Attorney Wright said that would the Board s decision. Motion made by Phil Pratt, seconded by John Merchant to renew the Special Use Permit for the Home Occupation for P C Projects (J B Crosby) for his computer business at 2327 Camay Lane, Jamestown, NY to be renewed in January of 2017. Mr. Crosby was told that when he came in January 2017 he could request a longer renewal period. Attorney Wright also told the applicant that it is his responsibility to come in and apply for his renewal. The Town of Ellicott is working on getting a renewal system in place but it is not there yet. Chairman Hoglin opened the Public Hearing for Margaret Servoss for the renewal of her Special Use Permit for a Home Occupation for a dog grooming and kennel business at 3464 North Main St. Ext., Jamestown, NY. Ms. Servoss addressed the Board: she told the Board she runs a very small grooming and kennel business out of her home due to the stipulations when she was before the Zoning Board previously she never boards more than five dogs at one time she only grooms one dog at a time she normally picks up the dogs and grooms them and returns them to the owner she caters to the elderly citizens of the area that find it difficult to get their dogs to the groomer
(12/29/14) ZBA minutes 207 she does not have cages the dogs are brought right into her home they are treated as her dogs she just boards dogs no other animals most of the dogs she grooms she boards it is a very small business there is no advertising nothing has changed since she was before the Board in 2008 Ms. Servoss was granted a one year permit in March 2008 because she had been given a one year permit in March 2007 so she could report back to the Board. This permit expired in March 2009. Ms. Servoss stated that she was not aware that it was her responsibility to come in and renew. She thought she would be notified. Secretary Pierce stated there had been no correspondence from any neighbors. Mr. Rowe had no complaints. Motion made by Jean Holton, seconded by John Merchant to approve the renewal of the Special Use Permit for the Home Occupation for Margaret Servoss, 3464 North Main St. Ext., Jamestown, NY for a dog grooming and kennel business for one year. This permit will expire in December 2015. Ms. Servoss can request a longer renewal period at that time. Chairman Hoglin opened the Public Hearing for Peterson Farm Market (Allen Peterson) for a front boundary area variance of 18 8. The front boundary requested is 31 4 where a 50 is required. The property is located at 3260 Fluvanna Ave. Ext., Jamestown, NY. Mr. Allen Peterson addressed the Board: he told the Board that the original building was constructed in 1959 at the time it was built the setback was from the center of the road and now they are talking about from the right-of-way the addition is four feet back from the original building he stated that he had a survey done he had to prove that is was not on State property he thought he was in compliance because he had done additions before he had a contractor lined up and built the building - Mr. Peterson had not been issued a building permit this property is zoned mercantile Mr. Rowe told the Board he was waiting for the Zoning Board ruling on the area variance before issuing the building permit this occurred when Dave was off work and Mr. Al Gustafson was filling in for him Mr. Peterson brought in his
(12/29/14) ZBA minutes 208 attorney, Paul Webb, to prove the GIS map was wrong the building permit had been applied for but was not granted. Mr. Peterson stated that he thought he was in compliance because they have made additions before and never had a question on the setback. Attorney Wright asked if the Town had a remedy for building prior to the issuance of the building permit. Mr. Rowe stated that at the time he asked Mr. Peterson to wait until the variance was granted. Mr. Peterson told him that the contractor was hired and the weather was good and he was going to move forward. Mr. Gustafson did do the inspections. Mr. Rowe thinks that this building is illegal until the Zoning Board rules on this because the building permit was not issued. Attorney Wright again asked what the remedy is. Mr. Rowe stated that this can be remedied by the approval of the variance. Phil Pratt asked who the contractor was. Mr. Peterson stated that Miller Brothers from Panama was the contractor for this project. They did not ask for a building permit. Mr. Rowe told the Board the building permit fee was $230.00. Mr. Peterson did pay the building permit fee and also the fee ($200) for the variance. Mr. Pratt said that some other districts double or triple the permit fee if the applicant does not comply with the code. He asked if that is the case in the Town of Ellicott. In section 146-76 (5) of the Town of Ellicott Zoning and Planning Code there is a penalty for noncompliance. It states the applicant shall pay double the fee if they apply at a later date in order to comply with the code. Motion made by Phil Pratt, seconded by John Merchant to approve the area variance of 18 8 for Peterson Farm Market with the stipulation that Mr. Peterson pay double the building permit fee. Dave Rowe will issue the building permit after the additional fee is paid. Chairman Hoglin opened the Public Hearing for Boxwood Hotels, LLC dba Holiday Inn Express, 2811 North Main St. Ext., Jamestown, NY for a variance for additional signage. Jeff Hazel, Silvestri Architects, PC, addressed the Board: he provided drawings of the new signs IHG (the corporate for Holiday Inn Express) is requesting a larger sign facing I-86 the owner said that they did not want a larger sign they went to IHG and requested permission from them to reduce the size of the sign the original sign on the front was approximately 32 SF and it was a flat sign that would have been fully illuminated the proposed sign is 66
(12/29/14) ZBA minutes 209 SF but is individual letters (each letter will be individually illuminated) if you take out the non illuminated portions it is approximately 35 SF LED lighting they added suites to the previously approved sign Attorney Wright said that the application read in addition to the signs already approved. Mr. Rowe said that they are not asking for additional signs but are requesting size and type replacement for the signs that were approved. Dave stated that the size of the main sign in the front of the building is actually smaller than what was approved originally. The applicant is requesting that the monument sign be larger: the approved sign was 32 SF it is set back from the road 250 feet they are requesting the monument sign be 76 SF and be taller (approximately 15 feet in height) the sign will be about 6 feet above grade it is the Holiday Inn corporate that is requesting the larger signs Attorney Wright stated that in the minutes of the meeting in February when the signs were approved that the monument sign did not have much propose. Mr. Hazel said that has not really changed. The Hampton Inn sign is much larger and is approximately 50 feet from the Route 60 and this sign would be 250 feet from Route 60. Mr. Patel said that when corporate came for a visit they were looking for continuity. He knows that it will not draw any new customers. It is basically a first impression. Mr. Patel stated that the estimated opening will be April 2015. Phil Pratt suggested that they compromise and use a taller sign and reduce the size of the sign. Mr. Patel said they would consider having a smaller sign if it could be taller. This sign is double sided. Mr. Pratt also asked how bright the sign would be but Mr. Hazel did not know. He said that it is not a typical LED light that you see the actual bulbs. Mr. Patel told the Board it is a soft light so you can just see the letters. This sign will be similar to the Hampton Inn s letter sign. Mr. Hoglin stated that he feels that the signage fits but still worries about a piece meal approach to signage. He said that he heard there is a possibility of a restaurant or two coming to this area. He wanted to know if they would be requesting more signage. Mr. Patel said they have been marketing this for a restaurant for a very long time and they have not had any interest. If they do have someone that would go under contract they would have to come in as an individual business to get approval. Secretary Pierce stated there was no correspondence concerning this variance.
(12/29/14) ZBA minutes 210 Attorney Wright said that the SEQR for the prior sign variances were incorporated into the coordinated review with the Planning Board. This did not require Chautauqua County Planning review because they were only asking for additional square footage. The County already stated this was of local concern. Motion made by Steve Hoglin, seconded by Phil Pratt that the modification to the previously approved signs will not have an adverse environmental impact. Motion made by Phil Pratt, seconded by Jean Holton to approve the pylon monument sign that is 3 11 ½ and 8 1 wide and will be 15 feet high (sign model XPS-32-15 high) and will be double-sided. Carried. Ayes 4 Noes 1 (Cimo) Absent 2 The applicant is requesting that the approved sign on the north side facing I-86 be increased to 66 SF. Motion made by Jean Holton to approve the 66 SF sign on the north side facing I-86 (sign SLM-4). Phil Pratt suggested that they use the 43 SF sign instead of the 66 SF sign. The applicant would consider that sign. Jean Holton asked if the sign on the drawing was to scale and said that in looking at the sign facing I-86, it does not look out of place. It is not too big or offensive. John Merchant agreed and seconded Jean Holton s motion. Dave told the Board because the sign in the front of the building facing Route 60 has been made smaller it does not need approval. Chairman Hoglin opened the Public Hearing for Lighthouse Realty (Jean Holton), for the renewal of her Special Use Permit for a Home Occupation for a realty business at 3388 Old Fluvanna Rd., Jamestown, NY. Attorney Wright swore in Jean Holton. Ms. Holton explained to the Board:
(12/29/14) ZBA minutes 211 she had moved from 3389 to 3388 Old Fluvanna Rd., Jamestown, NY and had been granted approval for her Special Use Permit in 2005 she is not actively doing realty she has dropped out of the Chautauqua County Board of Realtors she had asked the previous code enforcement officer about the renewal and he had told her she did not have to renew she no longer has any sign she has dropped her website she did retain her domain she is only doing referrals at the present time she still wants to continue the business out of her home Both Secretary Pierce and Dave Rowe stated there were no complaints about this business. Motion made by Phil Pratt, seconded by Ang Cimo to approve the renewal of the Special Use Permit for two years (to expire December 2016) for Lighthouse Realty (Jean Holton) for a Home Occupation Permit for a realty business at 3388 Old Fluvanna Rd., Jamestown, NY. Carried. Ayes 4 Noes 0 Absent 2 Abstain 1 (Holton) Motion made by John Merchant, seconded by Ang Cimo to adjourn the meeting at 8:45 PM. Carried. Ayes 4 Noes 0 Absent 2 Valerie Pierce, Secretary