ZONING BOARD OF APPEALS
Notice is hereby given that the Zoning Board of Appeals of the City of Jamestown, New York, will hold a Public Hearing on Wednesday, June 6, 2018 at 3:30 p.m. in the Council Chambers, Municipal Building, 200 E. 3rd Street, Jamestown, New York to consider the following:
1. The petition of Geoffrey Freeman, 138 Valleyview Avenue, Jamestown, New York 14701, for an area variance to erect an 8’ addition to the existing attached garage at 138 Valleyview Avenue, parcel 387.20-2-38. (Section 300-0305, R-1 Single Family Residential. The required side yard setback is 10% of the lot width. The required setback would be 13’ and the proposed setback is 9.7’.)
2. The petition of Mary Larson, 103 Hotchkiss Street, Jamestown, New York 14701, for an area variance to erect an 8’ fence in place of 7’-9’ hedges at 103 Hotchkiss Street, parcel 370.16-1-10. (Section 300-0206 Fences in Residential Districts: The maximum permitted height of a fence in a residential district in 6’, proposed is 8’.)
3. The petition of Journey Gunderson, National Comedy Center, 2 West Third Street, Jamestown, New York 14701, for an area variance and Special Use Permit to install two 357 square foot EMD signs on the front façade of the National Comedy Center, 203 West Second Street, parcel 387.48-1-2. (Section 300-0710, maximum allowable size for EMD is 144 square feet, proposed is 357 square feet. Maximum number allowed EMD signs is 1, proposed are two. Section 300-0710(k) Proposed use of the EMD signs is to be at Level 4. Level 4 EMD signs require a Special Use Permit.)
Notice is further given that persons in interest will be given an opportunity to be heard for or against the granting of the foregoing petition by the Zoning Board of Appeals at the time and place above mentioned.
Todd M. Thomas
Zoning Board of Appeals
Publication Date: May 23, 2018
Zoning Board of Appeals —- Proceedings by Authority
State of New York,
City of Jamestown, ss:
The regular meeting of the Zoning Board of Appeals of the City of Jamestown, New York, was held on Wednesday, June 7, 2018 at 3:30 p.m.
Members Present: Ellen Ditonto, Richard Hanson, Sally Martinez, Patricia Calanni, Jim Olson, Peter Larson
Members Absent: Judith Sandson
Others Present: Bill Rice, Vince DeJoy, Jeff Hollern
Mrs. Ditonto called the meeting to order.
Mrs. Ditonto: We have six members present; it takes four affirmative votes to get a variance request approved. We have three items on the agenda today. A couple of housekeeping items, when your petition is read, if you would come to the front, one of the microphones, state your name and home address each time you address the board. You will have an opportunity to review your request. There is also an opportunity for the public to comment either in favor or in opposition to any variance request. When we call for public comment, you must go to one of the microphones at either side of the auditorium, state your name and home address, limit your remarks to five minutes or less.
GEOFFREY FREEMAN, 138 VALLEYVIEW AVE., 387.20-2-38
The petition of Geoffrey Freeman, 138 Valleyview Avenue, Jamestown, New York 14701, for an area variance to erect an 8’ addition to the existing attached garage at 138 Valleyview Avenue, parcel 387.20-2-38. (Section 300-0305, R-1 Single Family Residential. The required side yard setback is 10% of the lot width. The required setback would be 13’ and the proposed setback is 9.7’.)
Mrs. Ditonto: Mr. Freeman, if you would like to come to the microphone, state your name and home address, tell us a little bit more about the details for the need for the variance request.
Mr. Freeman: My name is William Freeman. I live at 4775 Allegany Road, Little Valley, New York, 14755. I represent my son Dr. Geoffrey Freeman. He got a letter from his neighbor and she has no objections to this variance. He’s going to add about $4,000.00 worth of value to his home.
Mrs. Ditonto: We’ll take the letter and enter it into the record. We have to address the issue of the side yard setback and the need for the garage addition. Do you want to talk about that a little bit?
Mr. Freeman: Yes. There is only access to the house from the front door. There is no garage door, man door, access and he can’t get his two cars in there and he’s had two accidents bumping into his cars. His cars are too wide now and he needs to put a passenger way doorway through the garage and change the one large door to two regular 12’ doors. He can’t do that unless he gets a 3’ variance.
Ms. Martinez: So that means he’ll change the driveway a little bit too?
Mr. Freeman: Yes, the driveway will be extended a little bit. But, he’ll add a door and two garage doors instead of one large door. Cars are getting wider I’m afraid.
Mrs. Ditonto: That property line is sloped downward now.
Mr. Freeman: Yes. I have pictures and I can show you exactly…
Mrs. Ditonto: The concern I think, and maybe you can’t answer this, but to make sure that any drainage issues are addressed again so that the drainage isn’t going off onto the other property if you build that.
Mr. Freeman: Yes, the drainage on that side of the house goes to the front of the house. There’s a pipe that goes to the front.
Mrs. Ditonto: And it will continue to go that way when you add the addition, okay.
Mr. Freeman: Here are the pictures of the slope and I have a material list too if you want that.
Mrs. Ditonto: We don’t need that I don’t think. Thank you, sir. And this work is planned for this construction season?
Mr. Freeman: Yes. As soon as he can get to it.
Mrs. Ditonto: Are there other questions from members of the board on this request? Seeing none at this time is there anyone from the public that would like to speak either in favor or in opposition of this request? Please go to the microphone. Seeing no one in the audience, we’ll take any correspondence and have that read.
Mr. Thomas: We have a letter from Karen Bjorkholm, 132 Valleyview Avenue to the Zoning Board.
Appeal for variance of 72 square feet at 138 Valleyview Ave. for garage extension.
This letter is to inform you that as the adjoining neighbor to Mr. Freeman, I have no objection to the variance of 3 additional feet.
The proposed modification will be 10’ from the property line. It will not detract from neighborhood property values or character in any way.
The proposed structure modification is the most feasible way for Mr. Freeman to increase his garage structure, maintains the current roofline and will let it more easily accommodate the needs of a growing family.
I do not believe the variance is excessive.
Thank you for your consideration, Karen Bjorkholm-Leeper.
Mrs. Ditonto: Thank you. Is there any other correspondence?
Mr. Thomas: There is no further correspondence.
Mrs. Ditonto: At this point, any other questions from members of the board? Seeing none, is there anyone who would like to make a motion for this area variance for the Freeman property on 138 Valleyview Avenue.
Ms. Calanni made a motion to approve the petition. Seconded by Mr. Hanson.
Carried: 6 – 0
MARY LARSON, 103 HOTCHKISS ST., 370.16-1-10
The petition of Mary Larson, 103 Hotchkiss Street, Jamestown, New York 14701, for an area variance to erect an 8’ fence in place of 7’-9’ hedges at 103 Hotchkiss Street, parcel 370.16-1-10. (Section 300-0206 Fences in Residential Districts: The maximum permitted height of a fence in a residential district in 6’, proposed is 8’.)
Mrs. Ditonto: Thank you. If you would, please state your name and home address. You can talk a little bit more about the reason for the fencing at the height that you requested.
Ms. Larson: My name is Mary Larson. I live at 103 Hotchkiss Street in Jamestown. The hedges; the side were 7’, the back ones were 9’. We took them out and are putting a deck in. the deck is going to be 3’ off the ground, so I wanted to have the fence the same height that the hedges were. Just to have the same privacy. I do have pictures of what the hedges looked like. The neighbor kitty-corner to me has a fence and I’m going to make the fence look exactly like her fence. The people behind me and the lady on the side of me have already signed a letter that you have a copy of.
Mrs. Ditonto: We’ll read that into the record. Thank you.
Ms. Larson: It does make it look a lot nicer and open without the very overgrown hedges. They were just getting out of control. It’s pretty much going to go in the exact same spot as the hedges.
Mrs. Ditonto: And this is on the side of your property.
Ms. Larson: It’s all going to be in the back, behind the house.
Mrs. Ditonto: Not the side. I thought it was also the side.
Ms. Larson: No, it’s not going to go past the back corner of my house. It may go a little bit behind my garage just do to fence section sizes and that.
Ms. Martinez: Because I noticed that that’s already two feet up.
Ms. Larson: Yes, that does go up a little bit. But that’s all going to be probably a few inches before the actual back line and side line.
Mrs. Ditonto: What kind of fence are you planning on putting up?
Ms. Larson: It’s going to be either pressure treated wood or cedar depending upon…
Mrs. Ditonto: A stockade fence?
Ms. Larson: Yes. It’s going to look pretty much exactly like the one that’s in the picture.
Ms. Martinez: And you already have all the fixings for the deck on the truck that’s out there?
Ms. Larson: Have you been by my house?
Ms. Martinez: I live on Durant.
Ms. Larson: Oh, yes. We keep moving them. He’s almost ready to put the decking on.
Mrs. Ditonto: Just to clarify, Ms. Larson, on the documentation that we received, it looked like it’s going to go along the back-property line by the garage, is that correct?
Ms. Larson: Yes.
Mrs. Ditonto: And it’s not going to go along the south property line which is this side.
Ms. Larson: It will go along that line, but it won’t go past the corner of my house. It’s not going to go anywhere past the back of the house.
Mrs. Ditonto: Because, I have to say, looking at that neighborhood, it’s a very nice area, well taken care of, all the front lawns look great. I just didn’t want to close off any of that.
Ms. Larson: No. It’s not going to go past – I’m thinking it’s going to go to the same spot where the hedges ended.
Mrs. Ditonto: Which I missed because they were already down by the time I saw it.
Ms. Larson: Between the lady that lives next to me, the side yard, and me, we had a hard time keeping control of t hem.
Mrs. Ditonto: Are there other questions on this petition from members of the board? Seeing none, the opportunity for the public. If there’s anyone from the public that would like to speak? Seeing no one in the audience, we will take correspondence on the request.
Mr. Thomas: Yes. There is one letter which was received.
To whom it may concern:
My neighbor Mary Larson wishes to remove the hedges and put up an 8’ high fence right along our property line.
We have no problem with an 8’ fence being installed for all of our privacy and are asking that you approve the variance to have it installed. Thank you.
Back property neighbor, 514 Weeks Street; Steve and Mary Seymour
Southside property neighbor, 99 Hotchkiss Street; Shirley Dillon.
Mrs. Ditonto: Thank you. That’s the only correspondence, correct?
Mr. Thomas: That is the only correspondence.
Mrs. Ditonto: At this point, if there are no other questions from the board, we’d be looking for a motion for an area variance for 103 Hotchkiss Street to allow an 8’ fence along the back and side property.
Mr. Larson made a motion to approve the petition. Seconded by Mr. Hanson.
Carried: 6 – 0
NATIONAL COMEDY CENTER, 2 WEST THIRD ST., 387.48-1-2
The petition of Journey Gunderson, National Comedy Center, 2 West Third Street, Jamestown, New York 14701, for an area variance and Special Use Permit to install two 357 square foot EMD signs on the front façade of the National Comedy Center, 203 West Second Street, parcel 387.48-1-2. (Section 300-0170, maximum allowable size for EMD is 144 square feet, proposed is 357 square feet. Maximum number allowed EMD signs is 1, proposed are two. Section 300-0710(k) Proposed use of the EMD signs is to be at Level 4. Level 4 EMD signs require a Special Use Permit.)
Mr. DeJoy: Madame Chairman, Ms. Gunderson couldn’t be here. We’re not here representing the National Comedy Center. We’re here from the city Department of Development Zoning and Planning office to answer any and all questions pertaining to this application as we have worked through this entire project.
Mrs. Ditonto: Thank you. I’ll have to ask that you identify yourself for the record.
Mr. DeJoy: I’m Vince DeJoy. I live at 310 Arlington Avenue in Jamestown, New York.
Mrs. Ditonto: Thank you. And again, as the others speak, please identify yourself and your home address. It is unusual that we don’t have someone here, usually we table a request when there’s no one here to work through the issues. So, I’ll ask the board if they have questions and if you can answer them, fine. Otherwise we may end up having to table this. Are there questions from members of the board?
Mr. Olson: I’m willing to listen to what they have to say, but I think until the applicant is here, it should be tabled.
Mrs. Ditonto: Is there a question that maybe we could direct to the development department for answers? I had one earlier in the day. I did ask about whether the state DOT had to have some kind of a verification on whether or not there would be issues with the signage and the lighting. We did get the County Planning Board information just today. The State DOT we do not have. I am correct, right Mr. DeJoy, that nothing has come from the state?
Mr. Rice: Bill Rice, I’m the Principal Planner for the city. 73 Forest Avenue. Through the site plan process, the DOT was able to make comments through the SEQR process which was completed 06/16/2015, so they did have the opportunity of doing that. The drawings themselves indicated video display areas in the two locations and they had the opportunity to weigh in on that at that time; as well as all agencies that have any discretionary or interest in the project.
Mrs. Ditonto: So, through that SEQR process, they sent or somehow demonstrated that there were no issues. Is that correct?
Mr. Rice: Correct.
Mrs. Ditonto: Would you get that in writing?
Mr. Rice: No.
Mrs. Ditonto: Not in writing.
Mr. Rice: The way it was handled, they were given a certain timeframe to respond and they did not respond within that timeframe or afterwards and we have to assume that they had no issue.
Mrs. Ditonto: We did just receive the County Planning Department’s information and there is some concern in terms of the lighting at night and maybe, Mr. Rice, you could address that.
Mr. Rice: I can address that, if you could. We just got that this afternoon, probably about 2:30 from the County Planning Department and their first indication is this is of local concern, in other words, it’s our city’s right to respond in kind as we want to. Their indication there is about the lighting level. These signs actually have an automatic dim mechanism involved with them and it automatically dims in relationship to the ambient outside light levels. So, that actually is taking care of what they’re talking about on that.
Mrs. Ditonto: Can you repeat that? It automatically dims to the outside?
Mr. Rice: To the outside, in other words, it relates to the ambient outside lighting level.
Mrs. Ditonto: So, at night, it would be reduced.
Mr. Rice: It dims down.
Mrs. Ditonto: But it would be on 24/7. At some level.
Mr. Rice: I don’t know the answer to that. I kind of doubt seriously if it’s going to be a 24-hour type of mechanism. They probably will shut it down at night, but that would have to be them to respond to that question. Part of what’s going to happen with these signs is they’re planning on using, and this is the reason for the special use permit, they want to display at movie speed. In other words, they can actually display movies at some point if they temporarily close the street down, they can display that and have people congregate there to see the movie. At the time that the application came in for the site plan, we were starting to get inundated with requests for these types of signs. So, internally with the department, we decided it was time to address the shortcoming of the zoning ordinance that did not address these types of issues and then Jeff here actually set up the different categories of when these came in and this point it actually triggers with the new category, the Type 4, requesting a special use permit. Which, your question about the 24 hours, that would have to be answered by them.
Mrs. Ditonto: Mr. Rice, I remember well the issues of not having electronic signage in our zoning code because it became an issue for the zoning board. As I referred back to the minutes of the March 17, 2015 Planning Board meeting, it was very disappointing to see that some planning board members and some employees of the city thought that it was the zoning board who needed to be somehow informed that this was going to be happening and that things needed to be done so that there wouldn’t be an issue. It’s not up to the zoning board to make zoning code and it took two years for the city to put in place an electronic sign code.
Mr. Rice: A lot of that happens with the process we have to go through. We wrote this code and it took, I don’t know how many months, for an approval to get all the way through the process.
Mrs. Ditonto: I remember. I remember well. And there was also a concern about other signage, which you do refer to, and there is a sign now, an electronic sign, that is at the ice arena. I think in the minutes it said that the Zoning Board didn’t like it. It wasn’t that at all, it was that there was no zoning code that we could refer to and we were being asked to develop zoning code on a spot-zoning basis. So, this case, all the way back to 2015, is a very good reference to say how the zoning code should have been written. Right now, you’re asking us to do a special permit because you have two large video screens that are not allowable by zoning code, even in that area.
Mr. Rice: Correct.
Mrs. Ditonto: And I think the special use permit is a separate issue. But, I certainly would love it if you could give us a little bit more detail because I couldn’t find that in the Planning Board minutes, in terms of the need for the size. It couldn’t be any smaller than the 357 square feet?
Mr. Rice: Jeff Hollern here, my assistant, will tell you how we actually develop those sizes. If you would Jeff.
Mr. Hollern: Yes. I’m Jeff Hollern, the Planning and Research Specialist at the Department of Development. My address is 18 Wellington Court in West Ellicott. I was tasked with drafting the zoning code for the electronic message boards and I worked with the city Planning Commission; several months in a row we had this on their agenda. We spoke as to what their concerns were, what our concerns were so that we could get as many of these smaller message boards off your desk. Boards of this nature, this size, would still have to come through. If you have any specific questions, I know that what you had brought up earlier about the automatic dimmer. That is an industry standard. I did some research on that and the language that’s written in there was something that is done almost across the board, all over the nation where they have these types of codes. The size of the signs, we decided what we would do, the best course of action would be to keep it in line with any other type of signage the city already had in place, so we kept those sizes the same. As far as the different levels of animation, there are four different levels, with Level 4 being for video which is what this case is.
Mrs. Ditonto: Just to refresh my memory, we also had a request for the Reg Lenna for video on a smaller screen, which is their electronic marquee now and there were limitations on how often they could run that video. Will you have similar-type regulations on these video screens?
Mr. Hollern: We don’t at this point. That’s something we can make an amendment to what we’ve put in place so far, we can certainly do that.
Mr. Rice: Just one comment on the size of the screens. These areas are actually going to be used for movies at times and there’s a certain size that really relates to the display of movie-type of apparatus and that’s the reason why they’re what they are in size as opposed to other areas. That’s the reason why we’re leaving it up to the Zoning Board to look at that issue of size. But, the city Planning Commission has reviewed them as part of the site plan for the size.
Mrs. Ditonto: Any questions?
Ms. Calanni: What would be the frequency of these movies? And if there is a time when a movie is not being shown, would that screen be utilized? Would two screens still be used?
Mr. DeJoy: The movies are basically going to be, as he described it, for special events. It’s not something that’s going to be a daily occurrence, weekly, or even monthly. It will be more of a special event situation.
Ms. Calanni: And if it’s not being utilized for a movie, what will the screen be utilized for?
Mr. DeJoy: Mostly static, advertisement-type…
Ms. Calanni: So, we’re going to have two screens with two different…
Mr. DeJoy: No, the same thing.
Ms. Calanni: The same thing on both screens. And where are they going to be located because I didn’t see a map of where they’re going to be located.
Mrs. Ditonto: They’re right where the big blank is on both parts.
Ms. Martinez: This is all we got. This is it. I think we usually get a little more information.
Mr. Rice: I have the site plan drawing if you want to take a look at these. It might help. It’s in this area here. These surfaces are actually curved. This is the elevation on West Second.
The board reviewed the site plan.
Mrs. Ditonto: Other questions?
Mr. Olson: When that site plan was reviewed, I sat on the Planning Commission, Jeff did a great job, I think I said it in the minutes at that time. Vince, do you know if there will be other types of advertising?
Mr. DeJoy: The advertising would be related to sponsorships of specific type of events.
Mr. Olson: Community events?
Mr. DeJoy: Yes, it’s not just advertising as a billboard-type advertising. There would be, along with an event, sponsored by xyz company.
Mr. Olson: Do you think the city would be comfortable with that being a contingency that that would be allowed, nooff-premises advertising?
Mr. DeJoy: I think the same as the ice arena and the Reg Lenna.
Mr. Olson: Okay. I just wanted to make sure of that.
Mrs. Ditonto: Other questions?
Mr. DeJoy: I would also just like to request that – I understand that it’s customary for the applicant to be here, but given the timing issue of this very important project, and to get the permits to allow them to install this, coincide with the opening, consider not tabling this request today.
Mrs. Ditonto: Can you give us a reason why someone from the comedy center isn’t here?
Mr. DeJoy: I don’t know. Last minute, I heard that something came up and Journey could not make it here from the Comedy Center.
Mrs. Ditonto: It’s not only customary, Mr. DeJoy, it’s usually required. In most other cases we have tabled immediately, a proposal, if a person representing that petitioner is not here. So, are you representing the petition?
Mr. DeJoy: Can I speak with our clerk on that before I make that representation?
Mrs. Ditonto: Sure.
Ms. Martinez: Somewhere in what they sent us, they said it was for advertising, of course, what was going on there and community projects. Similar to what Shawbucks has done.
Mr. Rice: The only option for third party advertising is a billboard. And we don’t allow that.
Mr. Olson: And I don’t believe it should be generating additional revenues on behalf of the comedy center for putting stuff out there. That’s why I asked the question.
Ms. Martinez: No. They’re not going to have anything that’s trashy and the city has worked closely with this whole thing.
Mrs. Ditonto: I think it was clarified that it was just for sponsored activities. It’s not for any additional outside advertising.
Ms. Martinez: No. They’re not selling advertising.
Mr. Rice: And those requirements, you can place those on yourself.
Mr. Olson: That’s why I asked, yes. I just wanted to make sure I knew what the city was looking at.
Ms. Martinez: And we don’t want to stand in the way of the project moving forward at all, but…
Mr. Rice: You also want to control those issues that you’ve talked about.
Ms. Martinez: Yes.
Mrs. Ditonto: One of the concerns that we had was of course based on the information that we got just from the planning department about the ambient and that’s very important, making sure that we don’t have any kind of distraction that’s beyond what is normal for these kind of signs for traffic, because you’re going to have heavy traffic on Washington Street that would be able to see that.
Mr. Rice: That is an issue that actually started out when they first came out with the LEDs and some of the ones you could actually see the light coming off. You couldn’t even understand what the face of the thing was trying to do. They did come up with these automatic dimming situations.
Mrs. Ditonto: Another concern is how many times or how quickly things change or flash. I know there is some reference to that in the new zoning code, but since this is a special permit, we want to make sure that, again, things aren’t changing so quickly that it’s adding distraction to drivers. So, whether or not we need to add that as a concern – if you’re showing movies, I don’t know that you can control that though.
Mr. Rice: No because that’s the quickest changeover. You could put restrictions on, seeing that the movies are only going to happen with special events, you could indicate that nighttime or the typical zoning changes is allowable.
Ms. Calanni: So, if there’s a movie shown, these two screens are separate, correct? How are you going to show a movie with two separate screens?
Mr. Rice: I don’t know. I can’t answer that because I’m not part of the comedy center, but they might even turn one of them off. One is curved toward the…
Mr. DeJoy: The technology will allow that to have simultaneous broadcast on both screens. That’s not a technical issue.
Ms. Martinez: Right. Simultaneous screens, right. It’s easy.
Ms. Calanni: So, it’s just going to be the same thing on both screens. So, you really wouldn’t need…
Mr. DeJoy: By movies we don’t mean projection, it’s electronic.
Mrs. Ditonto: It could be that they would put the movie just on one screen though and wouldn’t have to have it on both.
Ms. Martinez: Because they’re more than double the size that the screen should be. 144’ as opposed to 357’.
Mrs. Ditonto: Right. Almost three times the size of what’s allowable. Question, Mr. Hanson?
Mr. Hanson: They’re two and a half times as big as allowable.
Mrs. Ditonto: Almost three times.
Mr. Rice: That also relates to the movie industry kind of sizing. With vertical versus horizontal. That’s the reason for the excessive size.
Mr. Hanson: It’s fine if they close off Second Street, but you can’t close off the Washington Street bridge at the same time. I don’t like it. I know. I just don’t like it. I don’t like all the advertising on the ice arena. I think that’s a disaster.
Ms. Calanni: I know. I think we made a few comments about that when we were…
Mrs. Ditonto: The current code does allow for the sign to be displayed for a minimum of 15 seconds. Now, that wouldn’t be a movie, but any kind of a sponsorship signage, in the transitions no longer than 1 second each. So, people are going to see a change as they’re driving by.
Ms. Martinez: It seems to me the screens could actually go on the train station. A good screen on the building itself, but the movie screens could go on the train station.
Mr. Rice: But then you have issues with presentation.
Ms. Martinez: They can roll down or roll up as we’ve always done all our life, Bill.
Mrs. Ditonto: Any other questions?
Mr. DeJoy: I just want to also, finally say that I am not an official representative of the National Comedy Center. I am representing the knowledge of the project with authority from the National Comedy Center as they had asked me to because at very last minute, Ms. Gunderson became unavailable to attend the meeting with the intention of being here.
Mrs. Ditonto: Thank you. Are there any other questions? Do we have any correspondence on this?
Mr. Thomas: We’ve received no correspondence.
Mrs. Ditonto: We should read into the record the County Planning Board letter.
Mr. Thomas: I’m sorry. I was thinking of community correspondence. We did receive correspondence this afternoon as Mr. Rice referenced from the Department of Planning and Development of Chautauqua County.
Dear Chairperson Ditonto:
This letter is in response to your municipal zoning referral received in full by this office on May 10, 2018 regarding a special use permit and area variance for two 357 square foot video screens at 203 West Second Street, tax parcel 387.48-1-2.
The parcel on which this proposal is located is in the central business, C-3 district. As one of the designated staff to the Chautauqua County Planning Board, I have reviewed the above-noted referral with regard to General Municipal 239-M. The proposal is subject to a referral to the county since it is located within 500’ of New York State Route 60.
I have reviewed the pertinent inter-community and county-wide considerations with respect to this proposal and its effect on the relevant concerns that are listed under General Municipal Law 239-L. Based on this review, I find that the proposed action will have no significant county-wide or inter-community impact and that the proposal would be a matter of local concern. However, after the following informal comments regarding the proposed LED video screens and their potential impact on vehicular traffic in the surrounding area.
According to the FHWA Lighting Handbook from the Federal Highway Administration, some large LED signs or screens could be classified as a source of intense ambient lighting and could have an impact on traffic safety. The handbook recommends that special consideration is applied to the operation of LED screens at night and the effects that these screens could have on aging drivers.
To minimize adverse impacts in traffic safety, the intensity of lighting should differ during daytime and nighttime operation of the screens. More information from FHA Lighting Handbook can be found at – he provides the link to the FHWA site. If you have any questions or concerns regarding this matter, please contact our office at 661-8912.
Michael Longley, Junior Planner
Mrs. Ditonto: Thank you. There is no one else in the audience at this point except the reporter, so I’m sure there will be no other comments from the audience. Are there any questions from the board? If not, we would be looking for some kind of a motion on the petition of the National Comedy Center for both an area variance and a special use permit for two 357 square foot EMD signs.
Mr. Olson: I would move that the application be tabled. I’ve been coming to Zoning Board meetings for over 30 years and I don’t think the board has ever acted upon something like this. I would think that the magnitude of this project, that someone from over there whether it be Journey or Tom or someone should have been able to attend today. And two, I’m not sure, too, about the lateness of this. I don’t know if you can answer that as why are they just coming up now to bring this petition forward? It seems like if they’re going to be doing this in August, it’s already June, they’ve always seemed to have some lateness with what they’ve done and I didn’t know if you knew a reason why for that, but I would move that the motion be tabled until another time period.
Mrs. Ditonto: Is there a second?
Mr. Hanson: I would second that.
Carried: 6 – 0
Mrs. Ditonto: Thank you. We do have a scheduled meeting the first full week in July. Thank you.
There being no further business, the meeting was adjourned.
Todd M. Thomas, Secretary
Zoning Board of Appeals