**TOWN
OF GRAND ISLAND**
ZONING
BOARD OF APPEALS
MINUTES
February
4, 2010
MEMBERS
PRESENT:
Marion Fabiano, Betty Harris, Dario Violanti, Peter McKee, Chairman, Bob
Mesmer and Alternate member, Tim Phillips
MEMBERS ABSENT:
None
OTHERS PRESENT:
Dan
Linenfelser, Bill Shaw, Zoning Officers
Chairman,
Peter McKee opened the meeting at
7:00 p.m. He introduced the members of the Zoning Board of Appeals and explained
the process. Copies of the Legal
Notice of Appeal to be heard at this meeting published in the Island Dispatch on
January 22, 2010 were available to
those present.
NEW
BUSINESS:
1) 2127 Grand Island
Blvd. – Brian Hilliman of Dr. Huggs Car Wash
–
The
property is zoned TCMU – Town Center Mixed Use, the Appellant appeared and
stated that he is proposing to replace the exiting banner with a new sign.
If the variance is approved, the banner & propane signs will come
down, and the mobile truck which has a sign on the side will be moved to the
back of the lot. During the summer
months the truck is out on the road. The
latest drawing, completed by NAS sign company and which was submitted today, is
to scale.
Per Section 49-15.2.2.4C of
the Zoning Code, the maximum allowable height of lettering on a business sign is
16”, and the maximum height of a logo is 24”. The proposed sign has letters with a height of 32” and a
logo with a height of 37”. Therefore,
the Applicant is requesting a 16” height variance for the letters and a 13”
height variance for the logo.
A motion was made by Violanti/Fabiano to GRANT a 16” height variance for the lettering and a 13” height
variance for the logo for the construction of a new sign on the front of the
building at 2127 Grand Island Boulevard.
This variance is granted with the provision that the banner as well
as the propane sign will be removed and the Appellant will make a sincere effort
to complete a general clean up of the front of the building.
The “open” sign can remain on the building.
Roll
Call:
Ayes:
Violanti, Fabiano, Harris, Mesmer and McKee
Noes:
None
Carried
Page 2
02/04/10
Rationale: This
action is taken because:
1.
the requested variance will not create a detriment to nearby properties.
2.
the sign is in keeping with other signs on the Boulevard.
3.
the sign is replacing temporary signage.
OLD
BUSINESS:
1)
West River Road – Nixon Peabody LLP
– Proposed telecommunication tower on Russell & Patricia Colosi’s
property on West River Road. Zoning
Code 49-196C states that the setback for a telecommunication tower is 500’
from a residential dwelling. The
proposed tower will be approximately 442’ from the Colosi residence; therefore
a 58’ setback variance is requested. Remains
tabled pending receipt of the SEQR report from the Town Board.
2) 2770 Long Road –
Verizon Wireless – Property is zoned M1. Proposed is a telecommunication facility.
Per Zoning Code Section 49-196C, there should be a 500’ setback for the
fall down area. Tem remains tabled pending receipt of the SEQR report from
the Town Board.
3)
2255 Grand Island Boulevard – Michael Jordan of Redtek Development -
Property is zoned R3, B1, and R1D. Proposed
is the construction of a Senior Housing Complex with building walls greater than
160’ in length. Per Schedule 1 of
the Zoning Code, the maximum allowable building length is 160’.
The item was tabled indefinitely at the owner’s request.
4)
2065 East River Road – Roger and Shirley Nye-
The Appellant’s attorney
emailed a proposed settlement agreement to the Zoning Board of Appeals members
for their review. The Board members
reviewed the proposed settlement and discussed same. At the December 3rd 2009 ZBA meeting, after
careful review, the Board unanimously decided to DENY
the proposed settlement request. The
rationale was that the variance granted was for an open porch which has been
previously defined as one which has three (3) open sides.
MINUTES:
A motion
made by Fabiano/Harris to ACCEPT the
January 7, 2010 minutes as
amended.
Roll
Call:
Ayes: Harris, Fabiano,
Violanti, McKee, and Mesmer
Noes:
None
Carried
Page 3
02/04/10
Speaker:
Mr.
Peter Schwable, 2063 East River Road
Requested
an explanation as to why the Code Enforcement Officers were told not to enforce
the ruling of the ZBA which
required the Nye’s at 2065 East River Road to remove their enclosed porch.
Chairman
McKee indicated that the ZBA members do not enforce their decisions and if Mr.
Schwable is not getting any answers from the Zoning and/or Building Departments,
he should contact the Town Supervisor or any member of the Town Board.
OTHER
MINUTES RECEIVED AND FILED:
Board
of Architectural Review Minutes,
Planning
Board Agenda, January 11, 2010
Planning
Board Minutes, December 14, 2009
Town
Board Agenda, January 4, 2010
Town
Board Minutes,
Adjournment: 7:25 p.m. on February 4, 2010