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 JANUARY
28, 2002 AT 7:30 P.M.
PRESENT: Chairman Al Suchar, John
Leamon, Dave Remington, Bob Thomas, Kevin Saff, John
Merchant, Steve Hoglin, Attorney William Wright and Code Enforcement
Officer Randy
Woodbury.
ABSENT: None
Chairman Al Suchar called the meeting to order at
7:30 P.M. Secretary Pierce called the roll.
Chairman Suchar opened the public hearing for Mr. & Mrs. Charles Arnone, 115 Robinson
Ave., W.E., Jamestown, NY.
The Arnones are asking for a permanent
non-renewing special use permit for a pole structure garage in a residential
zone. They would like to construct
a 32’ x 24’ attached garage that will be sided to match their residence. The
garage will store two cars and some mowing equipment.
Attorney Wright asked Mr. Woodbury if the garage was
an integral part of the dwelling because section 146-11B states private garages
are not allowed to be erected on the front ½ of the premises unless it forms an
integral part of the dwelling. Mr. Woodbury said that in his opinion it is an
integral part of the dwelling. Attorney
Wright stated that the only issue for this Board then was the pole
structure in a residential zone
(Section 146-72).
Attorney Wright reviewed section 146-64 with the
Board on the criteria for the special use permit. Neighbors had been notified
of this public hearing. Attorney Wright also stated that because this is a Type
II action it is exempt from SEQRA.
Motion made by
Steve Hoglin, seconded by Bob Thomas to approve this non-renewable special use
permit for a permanent pole structure garage for Mr. & Mrs. Charles Arnone
at 115 Robinson Ave., W.E., Jamestown, NY.
Carried. Ayes-7 Noes-0 Absent-0
Mr. Woodbury
reminded the Arnones they needed to get a building permit from him before they
could start construction.
Chairman Suchar
opened the public hearing for Al Perone for special use permit for a kennel in
an agricultural – residential zone. He wants to put the kennel on land owned by
Frank Kartesz on Falconer Kimball Stand Road and Hough Hill Road. He has a contract for the option to buy
contingent on the approve of the Zoning Board.
Mr. Perone explained they will board dogs as well as
have a “day care”. There will be no retail sales.
JANUARY 28,
2002
PAGE TWO
Attorney Wright asked if Mr. Perone could provide a
copy of the purchase contract for the Town. Mr. Perone said he would get a copy
to Mr. Woodbury.
Discussion followed on:
1)
access to the property
2)
traffic
3)
fenced in area for the dogs
4) noise
levels
Attorney Wright
reminded Mr. Perone that this project would be subject to site plan review and
the permit would be renewable every two years. He stated that this project is
exempt from SEQRA under 617.5 C (7) of NYCRR as the construction of a
non-primary structure less than 4000
square feet.
Motion made by
Bob Thomas, seconded by Dave Remington to approve the special use permit for Al
Perone for a kennel on property located on Hough Hill Road and Falconer Kimball
Stand Rd. contingent on the receipt of a copy of his purchase contract with the owner of the property. This permit is
renewable every two years.
Carried. Ayes-7 Noes-0 Absent-0
Motion made by
Steve Hoglin, seconded by John Merchant to approve the minutes of the December
3, 2001 meeting.
Carried. Ayes-7 Noes-0 Absent-0
Motion made by
Steve Hoglin, seconded by Kevin Saff to adjourn the meeting at 7:52 P.M.
Carried. Ayes-7 Noes-0 Absent-0
______________________________________________
Valerie
Pierce, Secretary