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 JANUARY 9, 2005 AT 7:30 P.M.

PRESENT: Chairman Steve Hoglin, Dave Remington, John Merchant, Angelo Cimo, Kathy

Hedstrand, Attorney William Wright, Code Enforcement Officer Randy Woodbury and

Secretary Valerie Pierce.

ABSENT: Pat Martonis and Rick Keefer

Chairman Hoglin opened the meeting at 7:30 PM and Secretary Pierce called the roll.

Motion made by Ang Cimo, seconded by Dave Remington to approve the minutes of the November 28, 2005 meeting

Carried. Ayes-5 Noes-0 Absent-2

Attorney Wright told the Board members that Randy Woodbury had advised the Board a letter had been received from the Chautauqua County Department of Planning regarding the Fluvanna Fire Department sub-station and with their change of administration they have not done their review. They stated they needed additional information from the fire Department in order to make that review. They have put the Zoning Board in the position that they cannot act the project. Mr. Wright asked Mr. Sedlack where they stand with the FAA. Mr. Sedlack said the FAA has approved the building and the only issue is with the lighting. They are not taking any chance and are putting a light on the building. He did ask what the problem is with the County because he started with the IDA last year. Mr. Wright told him this letter was a surprise to this Board as well.

Randy Woodbury said he had called the County Planning and IDA and asked where they were on some projects. The person working on this project was not feeling well but told Randy she would push to get the approvals out. She needed more information, which Randy sent out. There was a question on the Section – Block – Lot that was created by the County. Randy did state he did not provide the S-B-L but the parcel is one that the County created. The staff that could have got these finished and back for this meeting has been sick. The director meant to ask for more time in the letter the Town received. Attorney Wright said the director did not ask for more time but he said that as soon as they received the information they have 30 days to make their decision but Attorney Wright told the Board they have 30 days from the time they receive the application. This Board can treat this as a decision with a super majority vote of the Board and they could over rule whatever recommendation the County Planning Board had, however, if they made a decision and this was deemed not to be a decision then this Board’s decision could be set aside. Mr. Sedlack said they started this project at the instigation of the columniation of their dealings with the IDA. Any month of delay now is looking at a twelve-month delay down the line on the cost of the building. They need to know if there are any problems so they can correct them before they get plans from the architect to start the bidding process. He thought this would be resolved tonight.

Attorney Wright said the only thing this Board could offer is to reconvene this Board for a special meeting but they need the County Planning approval before the 30 days and the notification time for a special meeting would be 10 days.

Mr. Sedlack asked how this would affect the meeting with the Planning Board on Wednesday. Attorney Wright said the Planning Board could not take action until they have the County approval. Randy said he thought he could talk to Mr. Daly tomorrow and said the County feels it is important for their staff to spend time and give technical advice to this Board and the Planning Board. They want to give a recommendation on everything. Mr. Sedlack asked if the County would accept the paper work this Board has because they have the approval of the FAA and the drawings and elevations.

Mr. Woodbury suggested they call Mr. Daly and see if they could get some verbal approval. Attorney Wright said they should also talk to them on the Watershed project. Randy said they wanted a full County Planning Board meeting in February on the Watershed project instead of having the staff handle the review. Attorney Wright asked if they were required to do that within their 30 days.

John Jablonski asked why this project was not referred in September. Randy said this project was referred in October.

Randy, Dick Sedlack and John Jablonski left the meeting to call Mr. Daly and see if they could get this resolved.

Attorney Wright swore in anyone giving testimony for this public hearing.

Mr. Hoglin reopened the public hearing for Russell P. Cusimano, 1993 Willard St. Ext., Jamestown, NY, for a second garage.

Mr. Cusimano provided drawings and photos of his property. They showed the existing house and the proposed structure. He said the garage would be approximately 200’ to 220’ from the center of the road and would be 4000 SF (40’ X 100’). There would be a separate dirt driveway for the new garage. The distance to the side property line would be approximately 50 feet. He currently has a 24’ X 24’ attached garage and a 20’ x 20’ barn. Mr. Cusimano owns 9 acres and is property is zoned residential.

Attorney Wright explained that the issues in front of the Zoning Board are two area variances, one for the number of garage buildings and one for the total of square footage. In a residential zone you are allowed to have a house with up to a 3-car garage that does not exceed 1000 SF.

Mr. Wright reviewed the criteria for the variances under 267B of the Town Law with the Board members. The Board has the authority to impose conditions and restrictions and is required to grant the minimum variance necessary for the applicant to accomplish the stated purpose.

Randy Woodbury said the second garage in the area he remembers being approved was a 1200 SF garage.

Attorney Wright asked if there were any neighbors that wanted to be sworn in at this time.

Dan Marucci, Willard St Ext., said that if the building were done well it would add value to the neighbor’s properties. The building will be finished as well or better than the rest of the neighborhood. Russ collects classic cars and he is not in the storage business. Mr. Marucci has just built in the neighborhood.

Attorney Wright swore in other neighbors that wanted to speak.

George L. Erickson Jr., Willard St. Ext., said at the last meeting he had questions about the location and size of the building. The neighbors took time to look at the drawings and photos. Mr. Erickson said he realized that Mr. Cusimano had 9 acres but does have ravine and a hill behind him so it is not like he is building on a flat 9 acres. They had some of their questions answered and were happy they had the additional information.

The Board discussed the criteria:

1) the Board talked about where it would be situated and where it is in relation to the property line all of which go to the criteria of any undesirable change or detriment being produced in the character of the neighborhood - Kathy Hedstrand had concerns because at the last meeting the Board had requested the building on the plans to scale, the type of design and the driveways

2) the benefit sought by the applicant could not be achieved by some other method feasible

3) the requested area variance is substantial – the request is to go to approximately 5000 SF from the allowed 1000 SF – John Merchant asked Mr. Cusimano if he would consider a change in the size – Mr. Cusimano said if it were to be built on a single floor it would look to commercial – he presently has twelve cars to store but does not want to limit it to that number and the cars can not be stored on the second floor - the Board agreed has not given this substantial of a variance

4) this project will certainly have an impact on the physical and environmental impacts of the neighborhood – they would have to remove some of the wooded area – there are trails in the back of the property – Mr. Cusimano said there are no neighbors in the back and you would not see this building from the road in the summer

5) the alleged difficulty is self-created but that does not preclude the granting of the of the variance

Neighbors were notified for the first meeting and the notice was published. Attorney Wright stated that individual resident area variances are exempt from SEQR as type II actions.

Motion made by Dave Remington, seconded by Ang Cimo to deny this application for Russell P. Cusimano, 1993 Willard St. Ext., Jamestown, NY for a second garage based on the criteria that he requested a 4000 SF garage and the code calls for a 1000 SF and it is substantial under section 267 B of the Town Law.

Carried. Ayes-5 Noes – 0 Absent - 2

Mr. Cusimano asked what the Board would consider the maximum building allowed and Mr. Wright told him the Board is not allowed to give that type of guidance. He can reapply with some different structure that he thinks might be more palpable to the Board giving consideration to the size of the building. Mr. Cusimano asked if he could do that tonight and Attorney Wright said that since his application was denied he would have to make application for a new variance and go through the process.

Kathy Hedstrand suggested that if Mr. Cusimano were to reapply that he bring in drawings with the

actual footage and location of the building and driveway shown. Steve Hoglin suggested he also show the setbacks and other structures.

Randy Woodbury reminded the neighbors that there is a difference in the requirements for the residential and agricultural -residential zones in that neighborhood.

Attorney Wright said Mr. Jablonski has asked the Board for consideration on the basis that the County did not make their 30-day time limit. Randy said the County did get the referral from the Town of Ellicott in October of 2005 and the referral asked for a full Board review. They are planning to have a full Board review in February. If the Board did consider this application the County would still have input for the planning stage.

Attorney Wright swore in Mr. Jablonski and Mr. Sedlack.

Chairman Hoglin reopened the public hearing for Chautauqua Watershed Conservancy Inc. for a special use permit for a park on Fluvanna Avenue Ext., Jamestown, NY.

Mr. Jablonski asked the Board to consider acting on this application tonight because the application was made on September 14, 2005 and was referred to the County in October and has been ninety days since that took place.

Attorney Wright asked why Mr. Jablonski had not been back to this Board. Mr. Jablonski said he expected to be back in October and was told it had to be referred. He told the Board members that this project has twice had resolutions passed by the Town Board supporting it and also is in the draft local waterfront revitalization plan as one of the projects of the Town of Ellicott. Randy said he told Mr. Jablonski they were waiting for an invitation to the County Planning Board meeting.

Attorney Wright said the issue is that they talked about reviewing this as a public park that is a special permitted use in any district because of step up zoning. This property is zoned mercantile.

Mr. Jablonski reviewed for the Board what they are planning to do there.

1) They plan to have a parking lot that would hold approximately ten cars with entrance unto

Route 430.

2) There will be a trail, parts of which will be a boardwalk trail, to get people out to the old

railway bed. The concept is to connect all the way to downtown Jamestown. Where there

are commercial businesses they may preclude a continuous connection. They now own 50

acres with ½ mile of the shoreline.

3) They might have places to pull canoes and kayaks onto the shoreline and have discussed the

idea of having one to two places where people could fish off the shoreline.

4) Their intent is to have a handicapped accessible boardwalk.

5) They would like to have interruptive signs that would talk about the wetlands and habitat.

6) There will be no lighting in the park – they have not discussed the lighting in the parking area

7) There will no gates.

8) They have a shared easement with Greg Marker Electric

9) Hours of operation will be from sunup to sundown

Attorney Wright asked if hunting was still a use they have proposed. Mr. Jablonski said they do not think they would be able to have deer hunting in the area but are still looking into if waterfowl hunting would be allowed.

Attorney Wright said after review, he thinks it is the best to review this as a public park to allow it process, than the Board could put conditions on the approval such as no hunting.

Mr. Jablonski told the Board this property would have a State conservation easement on it requiring it to remain as a natural area so the State does have an enforcement interest in retaining it for that use. He stated that trapping is already prohibited on their preserves and there are already signs up. Randy said that DEC professional’s recommendation to him was that if it becomes an educational park the hunting would be incompatible.

Mr. Wright reviewed the criteria for the special use permit noting:

1) the Board feels that the neighbors concerns about the hunting could be a condition of the

approval

2) there is more property under contract, that are not contiguous to these properties, since they applied for the special use permit

3) this special use permit would have to be renewed in two years - Attorney Wright would

propose that the Board do at least one two-year renewal period and then direct Mr.

Jablonski to request a waiver on a forgoing basis

Kathy Hedstrand asked how they plan to access the use of this park. Mr. Jablonski said they would like to have a sign in and comment sheet.

Attorney Wright asked Mr. Jablonski to make some corrections on the SEQR form to reflect the changes in the project and that this project requires just a special use permit but not a use variance.

While Mr. Jablonski was completing the form the Board continued with the Fluvanna Fire Department.

Chairman Hoglin reopened the public hearing for the Fluvanna Fire Department for a special use permit for a fire station (Fluvanna Fire Station #2) at 3496 Stubb Rd (Turner Rd) Jamestown, NY and for a setback variance for the fire station.

Attorney Wright reviewed that they had talked about:

1) the building

2) the reason they need a setback variance - the code calls for a 50 foot setback and they want a 30 foot setback

3) the slope of the property and bringing in fill - the further back they go becomes expediently more involved and therefore 30 feet would be a substantial cost savings

4) the Board was waiting for the County Planning Board comments which they do not have

Attorney Wright said since the County Planning Board did not respond within 30 days the Zoning Board can make a decision but the County could take action to have this Board’s decision set aside. Mr. Sedlack stated he wanted to move forward. He said as far as the County is concerned they bought the land from them and they have let the County, the IDA and even the airport know everything that has been going on. Randy said that he and Mr. Sedlack have a meeting in two days.

Mr. Woodbury asked that a copy of a deed and survey, which has been on file since July 2005, from the Town of Ellicott Assessor’s Office be entered into the record. He will get a letter from the County Planning IDA director for the Wednesday night Planning Board meeting.

Attorney Wright said the Board has two issues. The Watershed needs an area variance and a special use permit. He reviewed the criteria for the area variance. The area variance does not need any SEQR process but the special use permit does.

John Merchant asked if the concerns of Mr. Donald Pangborn had been addressed and the Board felt the concerns had been addressed to Mr. Pangborn’s satisfaction. The siren will be left on the old building.

Steve Hoglin, as a member of the Fire Department, asked to abstain from the votes on this issue.

Motion made by Kathy Hedstrand, seconded by Dave Remington to approve the area variance for Fluvanna Fire Department for a setback variance for Fluvanna Fire station #2 at 3496 Stubb Rd., Jamestown, NY.

Carried. Ayes-4 Noes-0 Absent-2 Abstain –1 (Hoglin)

The Board continued with the SEQR for Fluvanna Fire Department for the special use permit. Attorney Wright stated that this action does not exceed any type I threshold in 6 NYCRR Part 617.4 and will not receive coordinated review.

The Board members continued with Part II C. This project will not have an impact on the environmental characteristics that caused the establishment of a critical environmental area and there is not likely to be controversy related to potential environmental impacts.

Motion made by John Merchant, seconded by Ang Cimo to make a declaration that the proposed project will not have a significant adverse environmental impact and authorizing Chairman Hoglin to sign on behalf of the Board.

Carried. Ayes- 5 Noes – 0 Absent-2

Attorney Wright review the criteria for the special use permit in section 146-64 of the Town of Ellicott Planning and Zoning code. This is an industrial park district.

Motion made by Ang Cimo, seconded by John Merchant to approve the special use permit for a second fire station for Fluvanna Fire Department for Fluvanna Fire Station #2 at 3496 Stubb (Turner Rd), Jamestown, NY.

Carried. Ayes – 4 Noes-0 Absent-2 Abstain-1 (Hoglin)

Mr. Sedlack was reminded that this special use permit would have to be renewed in 2 years.

The Zoning Board reviewed the SEQR for Chautauqua Watershed Conservancy to develop trail and timber boardwalk through wetlands and uplands with 10 cars parking initially affecting 50 acres and ultimately 100 acres that requires a special use permit as a park. In the vicinity of the project is commercial properties and Park Forest open space used for commercial, wetlands and river recreational use.

Attorney Wright said this project does not exceed any type I threshold in 6 NYCRR, Part 617.4 and will not receive coordinated review. The Board continued with Part II C noting:

1) the only structures will be above ground dock system

2) the Conservancy’s intent is to preserve the habitat

3) this project will not have an impact on the environmental characteristics that caused the establishment of a critical environmental area

4) there is not likely to be any controversy related to the potential adverse environmental impacts

Motion made by John Merchant, seconded by Dave Remington making a declaration that the project will not have a significant environmental impact and authorizing Chairman Hoglin to sign the form on behalf of the Zoning Board.

Carried. Ayes-5 Noes-0 Absent-2

Motion made by John Merchant, seconded by Ang Cimo to approve the special use permit for Chautauqua Watershed Conservancy Inc. for a park on Fluvanna Avenue Ext. in the Town of Ellicott with one condition:

1) that they allow no hunting and to have it posted against hunting

Carried. Ayes-4 Noes-0 Absent-2 Abstain-1 (Hoglin)

Mr. Jablonski was reminded to renew this special use permit in two years and request the Board waive the two-year renewals.

Motion made by Kathy Hedstrand, seconded by Dave Remington to adjourn the meeting at 9:27 PM.

Carried. Ayes-5 Noes-0 Absent-2

______________________________________

Valerie Pierce, Secretary