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City Issues NCC Two Stop Work Orders

Workers installing pieces for the 357-square-foot electronic messaging display sign on the front of the National Comedy Center Monday. NCC officials have been given two stop work orders from city officials because the Jamestown Zoning Board of Appeals hasn’t approved an area variance and special permit for the signs proposed to be installed to the entrance of the future national attraction based on the “celebration of comedy.” P-J photo by Dennis Phillips

National Comedy Center officials have been given a stop work order because they have started construction on the two movie screens on the entrance of the facility even though they haven’t been issued an area variance and special use permit.

Marily Fiore-Lehman, city corporation counsel told The Post-Journal Monday that city officials first received a citizen complaint Friday about the ongoing work to install the two 357-square-foot electronic messaging display signs at the NCC. She said Friday city officials sent a stop work order to NCC officials following the complaint. She added that during the weekend or Monday morning city officials received another citizen complaint about the work that was still ongoing to install the movie screen signs.

On Monday, city officials sent a second letter to NCC officials detailing the stop work order, but also that any work that has been done since the first letter was sent needs to be removed, Fiore-Lehman said. She said if NCC officials don’t comply, the issue would then proceed to court. She added city officials are following the stop work order process in the city code. This is not the first time city officials have had to issue a stop work order, she said.

On Monday, Tom Benson, NCC chairman, sent an email message to The Post-Journal addressing the work on the electronic messaging signs.

“The National Comedy Center has made firm commitments to its major funders to be fully open and operational on Aug. 1, 2018, including the external screens,” Benson stated. “The installation of the super structure for the screens and the erection and attachment of the screen components is a complicated and time consuming project and our contractors have reserved significant resources to complete this process as soon as possible. Any delay in the process would seriously jeopardize the completion of the project by opening day.”

Benson stated the physical structure of the movie screens will be in place within a day or two, but will not be electrified. He said that process will take an additional two to three weeks to complete and after that there must be time for system training and trouble shooting.

“The bottom line is what we are installing right now is not a sign — it is a black facade,” Benson stated. “It has no power and therefore cannot be operated in any way. Furthermore, out of respect for the city and the (Jamestown) Zoning Board of Appeals, we have instructed the contractors to cover the facades at the end of each workday until a final determination is made.”

A special meeting of the zoning board to hear the request by NCC officials to install the two movie screens has been scheduled at 5 p.m. Thursday in the Jamestown City Council chambers located on the second floor of the city Municipal Building, located at 200 E. Third St.

Earlier this month, the petition submitted by Journey Gunderson, NCC executive director, was tabled by the zoning board because there was no representative from the NCC present at the hearing.

NCC officials have proposed to install two 357-square-foot electronic messaging display signs on the front of the National Comedy Center entrance. Because the proposed signs are almost two and half times larger than the 144-square-foot electronic sign allowed by the city zoning laws, an area variance needs to be approved by the zoning board. NCC officials also need the area variance because the maximum number of these types of signs on a building is one. NCC officials plan to install two electronic messaging display signs. The special permit is necessary because all Level 4 electronic messaging signs require one to be issued.

During the zoning board meeting, Jim Olson, zoning board member and retired city officials, said during his 30 years in city government, he cannot remember a time when the zoning board passed a variance request without a representative for the petitioner present. He also questioned the NCC’s petition at this late date, with the grand opening of the future national attraction planned for Aug. 1.

Ellen Ditonto, zoning board chairwoman, said it is not just a custom for a representative to attend the hearing, but it is required.

All six present members of the zoning board, which also included Peter Larson, Patricia Calanni, Richard Hanson and Sally Martinez, voted to table the variance and special permit request.

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