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 APRIL 29, 2002 AT 7:00 P.M.

 

PRESENT: Chairman Al Suchar, David Remington, John Leamon, Kevin Saff, John Merchant,

                     Attorney William Wright and Code Enforcement Officer Randy Woodbury.

                   

ABSENT:  Bob Thomas and Steve Hoglin

 

Chairman Al Suchar called the meeting to order at 7:00 P.M. and the secretary called the roll.

 

Attorney Wright swore in everyone that would be testifying at these public hearings. Todd Nelson, Brad Lawson, John Schild and Mary Schild were sworn in.

 

Chairman Suchar opened the public hearing for Community Eye Care Specialists for a variance for a reduction in the sign set back from 10 feet to 3 feet at 462 Fairmount Ave., W.E., Jamestown, NY.  There was no representative for this application. The Board decided to move this down on the agenda to give the applicant time to appear.

 

Mr. Suchar opened the public hearing for Tanglewood Manor for a modification of their special use permit for the Memory Garden at 560 Fairmount Ave., W.E., Jamestown, NY. 

 

Mr. Brad Lawson, Operation Manager for Tanglewood Manor, briefed the Board members on the reasons they need the modification of their original special use permit. There was a geometric error in the setback of the new building that moved the building closer to the property line by 5.3 feet. 

 

Mr. Lawson provided a survey done by Michael Rodgers, Land Surveyor, showing the new set backs.  They feel they are still within the guidelines of the criteria for the special use permit and will not alter the character of the neighborhood or affect the health, safety or general welfare. He apologized that they did not catch the error sooner. Mr. Lawson stated he did not become aware of this until he met with Mr. Woodbury about three weeks ago.

 

Attorney Wright stated that the Board would have to determine if this will alter their previous determination of the SEQRA.

 

Motion made by John Merchant, seconded by Dave Remington, that the Board determined the change in the set back would not alter their previous SEQRA determination.

 

Carried.                Ayes-5              Noes-0              Absent-2

 

Motion made by Kevin Saff, seconded by John Merchant to approve the 5.3 foot set back variance modification from the original special use permit for Tanglewood Manor.

 

Bob Thomas entered the meeting at 7:15 P.M.

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Mr. Woodbury told the Board that Tanglewood would be back to the Board for a sign variance because they do not comply with the height requirement for their sign.

 

Attorney Wright asked Mr. Woodbury if they needed to appear before the Planning Board because of the approved site plan.  Mr. Lawson stated he would appear before the Planning Board.

 

Chairman Suchar opened the public hearing for John and Mary Schild for a set back variance for a garage and proposed apartment above the garage at 3403 Brown Street, Jamestown, NY. 

 

Mr. Schild explained to the Board what they wanted to do and that his lot was too small to meet the set back requirements.  There is a 50 foot utility easement. Mr. Schild did not have any plans with him. He had provided plans for Mr. Woodbury when he applied. Mr. Woodbury sketched the plan for the board members.  

 

This property is zoned residential.  Kevin Saff asked if Mr. Schild had had any comments from his neighbors. There were no neighbors present. 

 

Attorney Wright asked if there was any way to shift the building on the property. Neither Mr. Schild nor Mr. Woodbury could see any way to do that. 

 

Mr. Schild stated that this apartment would not be used for rental property.  He would be occupying it while they did construction on the cottage and then only for when family visited.

 

Attorney Wright stated that under the new code revisions that the side yard set backs would also need a variance if they built the apartment.  The new side yard set back is 5 feet. 

 

Steve Hoglin entered the meeting at 7:26 P.M.

 

Discussion followed on if Mr. & Mrs. Schild would like to consider only a garage without the apartment above.  Mr. Woodbury said he could support that without modifying the application. Mr. & Mrs. Schild wanted the apartment and said they would work with Mr. Woodbury to modify the application and reapply for next month.

 

Mr. Suchar asked Mr. Schild to bring anything that would help the Board in their determination. 

 

Motion made by Kevin Saff, seconded by Steve Hoglin to table this application for Mr. & Mrs. Schild.

 

Carried.                   Ayes-7                    Noes-0                   Absent-0

 

 

 

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PAGE THREE

 

Chairman Suchar opened the public hearing for Todd Nelson, 72 Robinson Ave., W.E., Jamestown, NY for an area variance for a garage set back and a special use permit for an apartment above the garage.

 

Mr. Nelson explained to the Board members that he had obtained a building permit and built a two car garage. He added a third bay to the garage and built storage above the garage. He stated that he did not obtain a permit for that construction. He told the Board that the previous building inspector, Mr. Davies, told him he did not need a permit until he wanted to turn the addition above the garage into an apartment.

 

Mr. Woodbury briefed the Board members on what he thought the issues were.  Mr. Nelson would have three dwellings on the property which are not allowed in a residential zone and the garage does not meet the set back requirements.  Mr. Woodbury had asked Mr. Nelson to speak to the Highway Superintendent concerning the paper street and he had not done that. 

 

Attorney Wright stated that since Mr. Nelson did not obtain a permit for the additional construction he was in violation of the executive law and that could be punishable by imprisonment and/or $1,000 per day fine.  This Board can not approve a variance on a property that is already in violation.

 

Mr. Nelson said that Mr. Bob Grazulewicz was also there when Mr. Davies told him he did not need a permit. Mr. Woodbury said he could contact Mr. Grazulewicz and would like Mr. Nelson present when he meets with him and would also like to meet with Mr. Nelson and Mr. Shellhouse.

 

Kevin Saff asked what the process would be for Mr. Nelson. Mr. Woodbury stated that he had no documentation that what Mr. Nelson had done had been approved.  Mr. Nelson would have to apply for a building permit and request approval for the set back for the third bay of the garage. He would than have to request the approval for the apartment above the garage. Attorney Wright told the Board they had 62 days to render an opinion.

 

Motion made by Bob Thomas, seconded by Dave Remington to table this application for Mr. Nelson.

 

Carried.                   Ayes-7                   Noes-0                  Absent-0

 

Chairman Suchar opened the public for Greg and Diane Paterniti for a special use permit for an apartment above a garage on Glenwood Avenue, W.E., Jamestown, NY 14701.

 

Neither the applicant nor anyone representing the applicant appeared.

 

Attorney Wright addressed the Board concerning this application.  He stated that he did not feel a special use permit was accurate for what the applicant wanted. He thought they should request a use variance.

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PAGE FOUR

 

It was Mr. Wright understands that the applicant purchased this property from a tax sale and wanted to construct a four car garage for the storage of personal items on the vacant lot. Accessory buildings are not allowed on lots without a prime residence in a residential zone.  He reminded the Board members that the applicant would have to meet all the criteria for a use variance. 

 

Attorney Wright swore in Joe Brown, a neighbor, who had concerns about the value of the surrounding properties.  He had wanted to see plans for this project.

 

The Board discussed the Community Eye Care Specialist application. Attorney Wright asked Mr. Woodbury why the sign was still up. Mr. Woodbury stated the Doctor had agreed to take the sign down until the Board acted on the application. He will have Dr. Wuebbolt take the sign down in the morning.   

 

Motion made by Kevin Saff, seconded by John Merchant to table the application for Community Eye Care Specialist for a sign set back variance.

 

Carried.              Ayes-7                       Noes-0                 Absent-0

 

Motion made by Steve Hoglin, seconded by Dave Remington to table the application for Greg and Diane Paterniti for a special use permit.

 

Carried.               Ayes-7                      Noes-0                  Absent-0

 

Mr. Woodbury updated the Board on the Tedesco property on the corner of Baker and Southwestern Drive.  Mr. Tedesco sold the property and had an auction on Saturday.  Everything is in the process of being moved.  The new owner is looking forward to building a residential home on the property. 

 

Attorney Wright informed the Board that Michael Goldman, attorney for Mark Ferraro, had called him and also followed up with a letter that requested an adjournment. They needed sufficient time to make modifications that would bring the Diary Queen property to compliance.

 

Motion made by Steve Hoglin, seconded by John Merchant to table a decision on the Code Enforcement Officer’s determination for Mark Ferraro for the Diary Queen property at 870 Fairmount Ave., W.E., Jamestown, NY.

 

Carried.                  Ayes-7                    Noes-0                    Absent-0

 

Motion made by Steve Hoglin, seconded by Bob Thomas to approve the minutes of the March 25, 2002 meeting.

 

Carried.                  Ayes-7                   Noes-0                     Absent-0

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PAGE FIVE

 

A brief discussion followed on the May meeting. The regularly scheduled meeting would fall on a holiday.  The Town Board meets the week before and after making it impossible to meet then.  The Board members were in agreement to meet on Wednesday May 29, 2002. 

 

Motion made by Steve Hoglin, seconded by Bob Thomas to adjourn the meeting at 8:12 P.M.

 

Carried.             Ayes-7                    Noes-0                      Absent-0

 

 

 

 ______________________________________________-

Valerie Pierce, Secretary