PRELIMINARY
DRAFT/ UNAPPROVED MINUTES
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 ON FEBRUARY
25, 2002 AT 7:30 P.M.
PRESENT: Chairman Al Suchar, John
Leamon, David 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
7:35 P.M and Secretary Pierce called the role.
Attorney Wright sworn in anyone that would be
testifying at the public hearing this
evening.
Chairman Suchar opened the public hearing for Chautauqua Area Girl Scout Council, 2661
Horton Road., Jamestown, NY for the renewal of their two year special use
permit.
Lisa
Lane-Griewecki asked that the permit be renewed with no new changes in the
conditions. They have training and
educational meetings for area non-profit organizations. They have increased the scout
activities.
James
Erickson, 2417 Horton Rd., Jamestown, NY, neighboring property owner, stated that he
did not know how they got their 9800 S.F. building in the first place but
certainly did not want to see any increase in the activity. He had a petition from other residents but
it was an old petition from 1996.
Attorney Wright stated that the Board was aware of
the previous complaints and felt that the restrictions placed on the Girl Scout
Council by this Board had helped curtail the activity. There have
been no complaints received by the Town of Ellicott or the Girl Scouts
from neighbors in the last two years. Attorney Wright suggested that if the
Board renews the permit they continue the conditions that the Board place on
the last renewal.
Kevin Saff asked what those were. The
conditions set on the last renewal were that the Girl Scout council could have
up to 52 meetings per year for non-profit and business groups of up to 75
people not to exceed 10:00 P.M.
Bob Thomas asked if the Girl Scout Council charged
for the use of the building. Ms. Lane-Griewecki stated they charge $10.00 or
$50.00 a day depending on the organization. She said that pays for the expenses
and they do not make a profit.
Motion made by
Bob Thomas, seconded by John Merchant to renew the two year special use permit
for the Girl Scout Council at 2661 Horton Road, Jamestown, NY providing they
abide by the same conditions set forth in the last renewal. Those conditions were the Girl Scout Council
be allowed to have up to 52 meetings per year for non-profit and business
groups of up to 75 people not to exceed
10:00 P.M.
ZONING BOARD
OF APPEALS
FEBRUARY 25,
2002
PAGE TWO
Carried. Ayes-7 Noes-0 Absent-0
Chairman
Suchar opened the public hearing for S. Richard Piazza for an area variance for
a reduction of the minimum side yard set back of 50 feet to 27 feet for a
carpet store at 878 Fairmount Ave., W.E., Jamestown, NY.
Jerry
Erickson, P.E., briefed the Board on the project.
He explained that Mr. Piazza needed the variance because of the angle of
the property line and better use of the site.
Mr. Erickson explained there is enough parking for the proposed building
but would not be enough for some other business or future buildings.
Mary Ellen Williams stated that she would continue
to run her business out of the same building as she is presently for two
years. There would be no other
buildings other than the carpet store added at this time. The existing buildings
in the back will be removed if any future buildings are added to the site. The
chicken barbecue will be gone from the site.
Discussion followed between the Board members and
Mr. Piazza and Mr. Erickson. Attorney
Wright asked about the future buildings on the plans and the parking spaces in
the front. He briefed the members on
the Planning Board discussions on this project. He explained that the applicant had agreed to eliminate the
parking spaces from the front. Mr.
Piazza stated he did not want to eliminate those spaces now because he did not
want to develop the other side of the site at the present time.
Chairman Suchar asked Mr. Piazza what the
possibility of the future development of the rest of the site was. Mr. Piazza said he has two acres and would
like to see it developed.
Attorney Wright asked if the building Mary Ellen
Williams has her business in is compliant. They would not like two
non-compliant buildings on the site.
Ms. Williams stated that her building was more than 25 feet from the
property line.
Chairman Suchar asked Randy Woodbury his opinion.
Mr. Woodbury said that the only issue the ZBA would have is the set back
variance. He has a credibility issue
because the applicant has withdrawn his agreement with the Planning Board
concerning the elimination of the front parking spaces. The Board members can
impose more green space mitigation for the side yard set back. He said that Mr. Erickson could make changes
on the plans eliminating the front parking spaces that would remove his
concerns on the credibility issue.
Discussion followed on the size of the
building. Mr. Suchar asked if they
could reduce the size of the building. Mr. Piazza stated that this is a
franchise and the building had to be at lease 100 feet wide and in 25 foot
sections. Mr. Piazza again stated that
the existing buildings in the back will be removed before any future buildings
would be added.
Attorney Wright reviewed the criteria for the area variance from Section 267 B(3) of the Town Law.
FEBRUARY 25,
2002
PAGE THREE
Kevin Saff asked if there would be any problem with
two businesses on one site.
Chairman Suchar had concerns that this is
self-created and asked if it could not be accomplished by some other
method. Attorney Wright explained that
the applicant must prove there is no other way to accomplish this. Dave Remington asked if they could buy a
strip of land from Auto Zone or if they could reduce the size of the building
to at least reduce the variance needed.
John Leamon stated that if the property line was
square Mr. Piazza would not need a variance.
Kevin Saff agreed and asked about the distance between the two
buildings. He wanted to know if the 100
feet was strictly a Town code and could be varied or if there were some
building or fire code to consider. Mr. Woodbury stated that it was less than
100 feet but more than 90 feet. The distance was a Town code and could be
varied. Mary Ellen Williams stated that
all the distance was green space.
Kevin Saff stated for the record that Mary Ellen
Williams had not been sworn in.
Attorney
Wright stated that this proposed action is exempt from SEQRA review under
Section 617.5(12) of NYCCR as a set back variance.
Attorney Wright stated that this might be considered
self created because the applicant is looking to maximize his profits not only
on the anticipated project but also the future business. If the Board is going to approve this
variance he would like the set back of 15 feet of green space from the property
line be entered as a condition to the side yard set back variance.
Motion made by
Bob Thomas, seconded by Kevin Saff to approve the 23 foot variance for the side
yard set back for S. Richard Piazza for a carpet store at 878 Fairmount Ave.,
Jamestown, NY conditioned that the 15 foot green space be left in the front.
Carried. Ayes-7 Noes-0 Absent-0
Motion made by
Dave Remington, seconded by Steve Hoglin to approve the minutes of the January
28, 2002 meeting.
Carried. Ayes-7 Noes-0 Absent-0
Motion made by
Kevin Saff, seconded by Steve Hoglin to
adjourn the meeting at 8:45 P.M.
Carried. Ayes-7 Noes-0 Absent-0
________________________________
Valerie
Pierce, Secretary