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 MARCH 25, 2002 AT 7:30 P.M.

 

PRESENT: Chairman Al Suchar, John Leamon, Dave Remington, Bob Thomas, Kevin Saff, Steve

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

                     Town Clerk Mike Erlandson.

 

ABSENT:  John Merchant

 

Chairman Suchar called the meeting to order at 7:30 P.M. and Town Clerk Erlandson called the roll.

 

Attorney Wright swore in everyone that would be testifying at this public hearing.

 

Chairman Suchar opened the public hearing for Bernard C Woolschlager, 3029 Fluvanna Avenue, Jamestown, NY for a set back variance.

 

Jeffrey Piazza, Attorney for Mr. Woolschlager, stated he had provided the ZBA with:

1)      a contract  for sale of this property to show that the applicant has standing before this

           Board

2)      a survey of the premises

3)      a sketch of the proposed building showing the set backs

 

Attorney Wright explained the issues for the Board members and reviewed the criteria in the code. A 7500 SF building in a mercantile zone must be 50 feet from the front property line and 20 feet from the side and rear property lines. Mr. Woolschlager needs a 21 foot variance to comply. This project is unique because the new building is very close to the 50 foot requirement.

 

Attorney Wright stated that he is concerned about the paving.  There is a requirement in the mercantile zone that the parking lot must be set back 30 feet. 

 

Discussion followed on the paving and if Mr. Woolschlager would have to tear up some of the existing paving. Mr. Woolschlager agreed to put some green space in front of the building in lieu of tearing up the existing pavement. 

 

Mr. Woodbury stated that there could be some building code issues with the parking along the building. There should be a 10 foot buffer between the building and cars. That might be a place to add green space.

 

Mr. Piazza and Mr. Woolschlager made some changes to the plan that had been presented.  Mr. Piazza asked the Board to consider:

1)      the past use of the property

2)      the current use

3)      the character of the neighborhood

ZONING BOARD OF APPEALS

MARCH 23, 2002

PAGE TWO

 

Attorney Wright stated that this project is exempt from SEQRA as a Type II action for a lot line set back variance. He reviewed the criteria for an area variance.

 

Motion made by Bob Thomas, seconded by Steve Hoglin to grant the area variance for Bernard Woolschlager, 3029 Fluvanna Ave., Jamestown, NY, for an area variance as amended noting that the paving and building are pre-existing and that the variance is only for the existing building.

 

Carried.              Ayes-6            Noes-0               Absent-1

 

Motion made by Steve Hoglin, seconded by Dave Remington to approve the minutes of the February 25, 2002 meeting.

 

Carried.              Ayes-6             Noes-0              Absent-1

 

Motion made by Steve Hoglin, seconded by Kevin Saff to adjourn the meeting at 8:05 P.M.

 

Carried.               Ayes-6            Noes-0              Absent-1

 

 

 

 

______________________________________________

Valerie Pierce, Secretary