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 JULY 2,
2001 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. The secretary called the role.
Attorney Wright swore in everyone present that would
be testifying at this public hearing.
Chairman Suchar reopened the public hearing for Thomas
Galbato 414 Farimount Ave., Jamestown, NY for a variance to use property in
residential and professional office zones for business parking.
Rodney Drake, architect form Habiterra Associates, presented revised plans for
the parking lot. They have eliminated
the wetlands issue. The wetlands have
been delineated and they have limited the use to .09 Acre. They have eliminated three parking spaces
and added more buffers along the front of the parking lot.
Attorney Wright stated that at the last meeting he
had drawn on the plans what he thought would be the new line and they had
eliminated five parking spaces.
Discussion followed between the Board members, the
Attorney, Mr. Drake and Tom and Tim Galbato about the elimination of the
parking spaces. Mr. Galbato was under
the impression that the issue was the wetlands and not the number of parking
spaces.
Town Councilman Allan Hendrickson stated that he had told Mr.
Hasson that he would not have to appear at this meeting but said Mr. Hasson was
under the impression that they had agreed to eliminate five spaces.
Chairman Suchar polled the Board and the members
were in agreement that the neighbors concerns had brought the discussion on the
number of parking spaces. They felt that the applicant had agreed to the
elimination of five spaces at the June meeting.
Mr. Galbato said the two parking spaces were
critical but they agreed to revise the plans and return next month.
Carried. Ayes-7 Noes-0 Absent-0
ZONING BOARD OF APPEALS
JULY
2, 2001
PAGE
TWO
Chairman Suchar reopened the public hearing for Mark Ferraro for sign variances for a Dairy Queen Store at 870 Fairmount Ave., W.E., Jamestown, NY.
Michael Goldman, Esquire addressed the Board on
behalf of Mr. Ferraro. He told the Board members
that they had been in contact with the International Dairy Queen and had made
revisions to the signs.
Attorney Wright and Attorney Goldman discussed the
code and the definitions in the code with the Board.
Roger Harrower, P.E., stated that he thought the
sign could be lowered as not to extend more than three feet above the roofline
or parapet. The revisions would make
the sign compliant with the code as a wall sign. Mr. Goldman said the only
issue should be the area variance. The
sign extends more that the allowed 15 inches from the wall of the
building.
Discussion followed on the directional signs.
Chairman Suchar stated the Board was under the impression that they had been
resolved at the last meeting. Mr. Ferraro agreed to keep the directional signs
4 square feet.
Chairman Suchar reviewed the criteria for an area
variance in Section 267B of the Town Law.
The Board must weight the benefit to the applicant against the detriment
to the neighborhood. They must consider
the following:
1)
does
this create an undesirable change to the character of the neighborhood
2)
can
this be achieved in some other way
3)
is
this a substantial variance
4)
will
it have an adverse effect on the conditions of the neighborhood
5)
is
it self created
Chairman Suchar asked Randy Woodbury if he had seen
the new plans for the sign and asked for his comments. Mr. Woodbury had not seen the revisions
before this meeting but told the Board that he had been under the impression
after talking to Dairy Queen International that they would comply with the Town
code. Attorney Goldman stated he had
talked directly to Dairy Queen International and they had not discussed any
other options.
Roger Harrower explained to the Board members that
changing the sign would take considerable exterior redesign to the building and
cause major hardship on Mr. Ferraro. He
cannot open the business without the signage.
They can lower the elevation of the sign without changing the actual
size of the sign.
Chairman Suchar polled the Board and they were in
agreement if Mr. Ferraro would lower the sign to make it compliant as a wall
sign under the code and he would leave the directional signs 4 square feet they
could allow a variance for the extension from the wall.
Attorney Wright stated this is exempt from SEQRA
review.
JULY 2, 2001
PAGE THREE
Motion made by Kevin Saff, seconded by Steve Hoglin
to approve the area variance for a Diary Queen sign for Mark Ferraro, 870
Fairmount Ave., W.E., Jamestown, NY to extend away from the wall 8 feet 4 ½
inches and not extend higher than 3 feet from the roofline.
Carried. Ayes-7 Noes-0 Absent-0
Chairman Suchar reopened the public hearing for
K-Mart for a variance for additional ground signs at 975 Fairmount Ave., W.E.,
Jamestown, NY.
Jack Olmstead, Signs and Service by Peterson, provided additional
information that the Board had requested at the last meeting. He had photos of similar signs that were
in the City of Jamestown. They will be
a polyblend material and Mr. Ohmstead provided a specification sheet on the
material. K-Mart is requesting 6 additional poles throughout the
parking lot with two banners on each pole.
Mr. Woodbury told the Board that the applicant was
allowed one ground sign and one wall sign so the issue is the number of
additional ground signs. The allowed
size of the ground sign is 100 square feet.
K-Mart already has a panel on the common ground sign for the plaza that
is approximately 84 square feet.
Kevin Saff asked Mr. Woodbury if there was any way
to accomplish this with a temporary or seasonal permit. Mr. Woodbury stated
these signs have to be considered additional ground signs and there was no way
to get the signs into compliance with temporary permits. Kevin asked if K-Mart would be interested in
less signs. Mr. Ohmstead could not
answer that.
The Board reviewed the criteria for an area
variance. Chairman Suchar polled the Board and the consensus was that these
would have to be considered ground signs and they did not want to see this type
of sign throughout parking lots in the Town.
Motion made by Dave Remington, seconded by Bob
Thomas to deny the application for K-Mart for additional ground signs at 975
Fairmount Ave., W.E., Jamestown, NY.
Carried. Ayes-5
Noes-1 (Saff)
Abstain-1 (Leamon)
Chairman Suchar opened the public hearing for SBA
Properties, Inc. and Horizon Personal Communications, Inc. for a special use
permit to construct a 150-foot telecommunications tower on property owned by
Ronald l. McKillip, 3108 Eckman Rd., Jamestown, NY.
Cathy J. Bardenstein, Attorney for SBA Properties, gave a brief introduction on
SBA Properties and explained to the Board members the reason they need a
variance for this site. She explained
that the company had to provide certain coverage to be licensed. She told the Board this is in an
ag-residential zone and heavily wooded with several towers already in
the area. The applicant must show a
need for the specific site. She showed coverage maps showing the current and
proposed coverage areas.
JULY 2, 2001
PAGE FOUR
Ms. Bardenstein had provided the Town with a packet that
included:
1)
Narrative
2)
Applications
3)
EAF
with visual addendum
4)
Letter
of Authorization from Horizon
5)
FCC
license – Horizon
6)
RF
Narrative and Emission Report – Horizon
7)
RF
Propagation Studies – Horizon
8)
Inventory
of Existing Towers and Structures
9)
SBA
Co – Location Policy and marketing Plan
10)
Lease
– Owner Authorization
The Board members had not seen the information
provided to the Town and Ms. Bardenstein agreed to send more copies for the
Board members to review. The members
had questions on the structure of the tower, the other possible sites and the
microwave dishes on the tower.
Mr. Randy Derby gave some information on the location of
other towers in the Town and surrounding areas and why other sites were not
considered.
Todd Boardman, 2464 Horton Rd., Jamestown, NY stated that his parents have
3 or 4 of the existing towers and he has concerns. He said some of the other towers are not maintained and there has
even been burning on the properties. He
had concerns with the lights. They will be flashing red lights only at
night. He asked to be provided with a
copy of the health issues even though Ms. Barderstein assured him that it is no
more harmful than everyday household appliances. She stated there was an emissions report in the packet provided
to the Town. Mr. Boardman is not
opposed to the tower but would like the Board to address the concerns.
Mr. Woodbury asked if the code enforcement officer
would be able to inspect the site anytime.
Ms Bardenstein said that the site is locked and checked on a routine
basis but he could make arrangements to meet someone at the site and the
maintenance policy could be provided.
Ms. Barderstein also informed the Board members that
the municipality can put up antennas at no cost if there is available space.
Charlie Hodges, Manager of Chautauqua County
Airport, had
questions about the height of the tower, if the other towers in the area were
full and what the potential for this tower is.
Mr. Derby said this tower is no higher than the
other towers at 150 feet and this tower has the potential for 7 carriers.
Discussion followed on the access road that is on
the north side of the property. Mr.
Hodges asked that the airport have time to review this plan.
JULY 2, 2001
PAGE FIVE
David Smith, 3335 W. Oak Hill Rd., Jametown, NY, asked where the other sites
were and why they were not considered and if the existing towers were to
capacity. The other sites were in the
Town of Ellery, Town of Poland and the City of Jamestown. Mr. Derby stated the other towers were to
capacity.
Chairman Suchar asked Ms. Bardenstein if a one-month
delay would be acceptable so that the airport commission could review the
plan. She said that would be acceptable
but asked if they should proceed to the Planning Board. Attorney Wright said that the Planning Board
could not approve site plan without the approval of the Zoning Board for the
special use and suggested that they wait for the approval of the Zoning Board
before they go for site plan approval.
Motion made by John Merchant, seconded by Kevin Saff
to table this applicant for SBA Properties until the airport has had time to
review the plan and the Board could review the information provided.
Carried.
Ayes-7
Noes-0 Absent-0
Chairman Suchar opened the public hearing for James
L. Taylor, 3359 Gerry Levant Rd., Falconer, NY for a special use permit to
store and lease excavation equipment.
Mr. Taylor explained to the Board that he worked for
L.C. Whitford Equipment Co. and that his parents own the property. They have had an excavating business there
for 24 years. Mr. Taylor started
storing the equipment for L.C. Whitford Co. about 18 months ago.
Randy Woodbury briefed the Board on the recent
history of this site. He had received
some calls from neighbors when Mr. Taylor placed a sign on the property. There
were concerns that this was going to be the beginning of a larger
business. Mr. Taylor stated he was only
storing and leasing equipment and would not be building any new buildings. The main office for L.C. Whitford is in
Wellsville, NY and they have no plans to add additional offices. He applied for
a sign permit and Mr. Woodbury could not issue a sign permit without the Zoning
Board approving a special use permit for the business.
Attorney Wright stated that the Board must first
determine if this is an allowed under section 146-15 and than if that is
determined they must satisfy the standards in section 146-64 of the code.
Discussion followed on if this was a use that the
Board could grant a special use permit
for and Chairman Suchar polled the Board.
Most of the members felt that this use would apply but needed additional
information to satisfy the standards under section 146-64.
Motion made by Kevin Saff, seconded by John Merchant
to table this application for James Taylor until he could provide additional
information for the Board.
Carried. Ayes-7 Noes-0 Absent-0
ZONING BOARD OF APPEALS
JULY 2, 2001
PAGE SIX
Chairman Suchar opened the public hearing for Hiel
and Linda Bartlett, 2828 Townline Rd., Jamestown, NY for an area variance to
reduce the front and back yard setbacks for the construction of a new home.
Mr. & Mrs. Bartlett provided photos of the house
they wanted to build on this lot showing the way they wanted to angle the
house. This would require that the
corners of the house to be within 15 feet of the front lot line and within 5
feet of the back lot line. They are asking
for a 10-foot variance in both the front and back.
Mr. Woodbury stated that this house meets all other
requirements of the code. It is on
public sewer and has a well. The house
is approximately 30’ x 30’ and they will also add a deck.
Attorney Wright reviewed the criteria for an area
variance and stated that it is exempt from SEQRA as a single-family residence.
Motion made by Steve Hoglin, seconded by Bob Thomas
to approve the 10-foot area variance for Hiel and Linda Bartlett, 2828 Townline
Rd., Jamestown, NY for front and rear yard setbacks.
Carried. Ayes-7 Noes-0 Absent-0
The Zoning Board recessed at 9:25 P.M. and
reconvened at 9:35 P.M.
Chairman Suchar opened the public hearing for John H.
Lawrence, 2010 Buffalo St. Ext., Jamestown, NY for a special use permit to
construct an extension to an existing pole structure barn in a residential
zone.
Mr. Lawrence showed the Board members a photo of the
existing barn and stated he would be using this addition for a home
workshop. Mr. Woodbury told the Board
it meets all the other code requirements but section 146-72B which does not
permit a pole structure in a residential zone.
Attorney Wright reviewed the criteria and standards
for an area variance with the Board members and stated that this addition is
exempt from SEQRA review as an addition to a residential structure under 4000
square feet.
Motion made by John Merchant, seconded by Steve
Hoglin to approve a special use permit for John H. Lawrence, 2010 Buffalo St.
Ext., Jamestown, NY to construct an extension to a pole structure barn in a
residential zone.
Carried. Ayes-7 Noes-0 Absent-0
Chairman Suchar opened the public hearing for SAM’S
Club, 720 Fairmount Ave., W.E., Jamestown, NY for a variance for signage.
ZONING BOARD OF APPEALS
JULY 2, 2001
PAGE SEVEN
Joseph Lucas, Callahan Sign Co., addressed the
Board. He reviewed the changes that
Sam’s Club wanted to make to the existing signage. They need a variance for the newly faced
ground sign that will exceed the allowed 100 square feet. The existing sign is
120 square feet. The number of wall signs
exceeds the one allowed and the directional signs exceed the allowed 4 square
feet.
Mr. Lucas explained that they are downsizing the
signage to upgrade their image. The total square feet will be reduced from 1900
SF to 437 SF. He had plans and photos
to show the Board what they would be replacing. They will be replacing the 29’ x 41’ logo on the building with a
13’ x 13’ diamond sign and an 8’ x 8’ sign over the main entrance. The bay area signage is now four 2’ x 8’
panels and they will be replacing them with one 13 SF sign. The directional sign will be more than the
allowed 4 SF. They will be painting and newly facing the pylon sign, which is
now 120 SF.
Attorney Wright explained to the Board the issues
were:
1)
the
ground sign is more than the allowed square footage
2)
the
directional signs are more than the allowed square footage
3)
the
number of signs
The criteria are the same for this area variance and
Attorney Wright stated that they are exempt from SEQRA review.
Discussion followed and the Board was in agreement
that any downsizing of signage on Fairmount Avenue is favorable.
The applicant is willing to replace the pylon sign
with a new one that is 100 SF and will meet the requirement of the code and
change the directional sign from 18’ to 12’.
The Board than would have to grant a variance for the number of
signs.
Motion made by Bob Thomas, seconded by Dave
Remington to approve the area variance for the plans for signage at Sam’s Club,
720 Fairmount Ave., W.E., Jamestown, NY with modifications made.
Carried. Ayes-7 Noes-0
Absent-0
Chairman Suchar opened the public hearing for James
Huckelbery, 3398 Old Fluvanna Rd., Jamestown, NY for a special use permit to
construct a pole structure garage in a residential zone.
Attorney Wright reminded the Board of the criteria that must be met for a special use permit and stated that this is exempt from SEQRA review as an accessory building less than 4000 square feet.
ZONING BOARD OF APPEALS
JULY 2, 2001
PAGE EIGHT
Motion made by Dave Remington, seconded by Steve
Hoglin, to approve the special use permit for James B. Huckelbery for a pole
structure garage at 3398 Old Fluvanna Rd., Jamestown, NY.
Carried.
Ayes-7
Noes-0 Absent-0
Chairman Suchar opened the public hearing for Jill L.
Smith, 3554 W. Oak Hill Rd., Jamestown, NY for a special use permit for a home
occupation and repair shop.
Attorney Wright asked that the Board consider these as
two separate issues.
Attorney Andrew Goodell, Esquire, representing Jill Smith explained to the Board members that this home occupation would be for a limousine computer based brokerage service to be conduced in the main residence. There will be no retail, no traffic and they wanted to employee 3 or 4 part-time people.
Attorney Wright reviewed the code for the Board members and explained that they had to determine if this would be considered a home occupation under section 146-9 and 146-71 C and than they would have to consider the standards in section 146-64 of the code. In section 146-71C it states that the Board can grant a special use permit for a customary home occupation conducted by persons residing on the premises subject to conditions and limitations.
Chairman Suchar stated that the Zoning Board had always interpreted that to mean inhabitants of the dwelling. Attorney Wright read section 146-5 of the code that defines home occupation and stated that the Board has interpreted that to mean no employees and never granted a home occupation to anyone with employees.
Discussion followed on the code and Attorney Goodell stated the code did not say “only” persons residing on the premises.
Mrs. Smith said they would be using about 20% of the residence. Mr. Smith stated that the residence is approximately 6000 square feet. Chairman Suchar asked Mrs. Smith if she had drawings showing things such as the parking, fencing, etc. She did not. They provided a photo of the residence.
Allan Hendrickson, Town Councilman, asked Attorney Wright if the Board could even hear this application because of the pending lawsuit with the Smiths. Attorney Wright stated this is a separate issue and the Zoning Board could not consider the lawsuit but that the court order has to be followed no matter what this Board decides. The lawsuit restricted limousines on the property, which would not be part of a computer business.
Attorney Goodell said the applicant would comply with the court order as well as any restrictions set by the Zoning Board of Appeals.
ZONING BOARD OF APPEALS
JULY 2, 2001
PAGE NINE
Tom Schmidt, 3274 Turner Rd., Jamestown, NY, addressed the Board with several concerns and had a statement signed by 39 residents from the neighborhood that listed their concerns. Mr. Schmidt briefed the Board on the concerns listed on the statement that included:
1) traffic
2) noise
3) unsightly views
4) potential hazards
5) change to the character of the neighborhood
He told the Board that because of the court order not allowing limousines on the property the limousines are now parking on the side of W. Oak Hill Rd. and also along Strunk Road.
Westley F. Johnson III, W. Oak Hill Rd., Jamestown, NY, read a letter into the record from his uncle, David A. Johnson, 45 Pathelen Ave., Oak View, CA 93022 that they are concerned with unknown liquids dumped onto their property. They have received photo showing several limousines parked on their property without their permission and a gate structure put up next to the Smiths driveway without their permission or knowledge. They also have concerns with the Smiths septic system that dumps into the ditch in front of their property. (See file “ZBA-Jill Smith-Special Use Permit”).
David Smith, 3335 W. Oak Hill Rd., Jamestown, NY told the Board that in his tenure on the Board they have never granted a home occupation to someone with employees. He stated that as soon as employees were mentioned it was considered a business. He thinks that this will change the character of the neighborhood. He would like to see the area stay residential.
Susan Martinelli, 3573 W. Oak Hill Rd., Jamestown, NY asked that Attorney Wright swear her in because she had arrived late. Attorney Wright swore her in. She had concerns with the traffic and with the fact that the business has been there for 10 years and just keeps growing.
Cindy Pardue, 3588 W. Oak Hill Rd., Jamestown, NY also has concerns with the traffic and safety of her children.
Mr. Schmidt asked that Mr.
and Mrs. Smith be sworn in. Attorney
Wright swore them in.
Mrs. Jill Smith answered some of the concerns:
1) the liquids running off their property had been investigated by the NYS DEC and they had
received a letter that there was no evidence of oil
2) they had put in a new septic tank
3) traffic is heavy because of the airport
Mr. Goodell had got figures from Chautauqua County from a survey on W. Oak Hill Rd. and 1230 cars traveled the road per day. Attorney Wright asked where on the road they had taken the count and Mr. Goodell did not know.
ZONING BOARD OF APPEALS
JULY 2, 2001
PAGE TEN
Mrs. Smith stated they would be willing to limit the employees to the residents of the house. Kevin Smith told the Board that this is a duplex house and they rent to other people.
Kevin Saff asked if the other people used the same address as the Smiths. Mr. Smith stated that there are other residents in the house that use the same mailing address.
Randy Jacobs, 3820 W. Oak Hill Rd., Jamestown, NY stated he did not see how this could be treated as a home occupation. It is a business.
Mrs. Martinelli asked if you could have duplex units in an ag-residential zone. Attorney Wright said that was not an issue for this Board.
Wes Johnson, III asked if others in the area had been denied home occupation permits. Kevin Saff reminded the residents that each case was heard on its own merit.
Attorney Wright reviewed the sections of the code that pertained to this application and reminded the Board that they must determine if this is a home occupation by definition in the code and than must satisfy all the criteria.
Discussion followed on the definitions in the code and the Board members were in agreement that “resides on the premises” meant occupants of the primary structure where the business is being applied for and not any adjacent apartments or units. They consider residents in duplex houses as residents of different dwellings. Kevin Saff stated that if the applicant is going to have employees it becomes a business and should not be considered a home occupation. The other Board members agreed. Attorney Goodell disagreed with the interpretation of the language.
Attorney Wright stated this was exempt from SEQRA review.
Attorney Goodell wanted to clarify that they were asking for a home occupation as described to be conducted by only those that reside on the premises and are related to Jill Smith.
Councilman Hendrickson asked the Board not to take action on this and to take the lawsuit into consideration. Attorney Wright said the Board has 62 days to act on the application but they would not take the lawsuit into consideration for this application.
Kevin Smith stated his wife has no other income and asked Mr. Woodbury to comment. Mr. Woodbury said the application was properly filled out but it was a decision for the Zoning Board of Appeals.
Chairman Suchar asked Mrs. Smith if there would be any limousines on the property. She explained that this will be a computer based operation but that they have 24 jobs left for the remainder of the year and then that part of the business will be discontinued.
ZONING BOARD OF APPEALS
JULY 2, 2001
PAGE ELEVEN
Attorney Wright asked the applicant if they would be willing to have this limited only to Mr. & Mrs. Smith. Mrs. Smith replied that they would like it limited to four people and even list the employees.
Mr. Schmidt and David Smith asked how a condition like that could ever be enforced.
Chairman Suchar stated that the Board has always considered the neighbors concerns and felt that a list of 39 neighbors that were opposed to this home occupation was considerable. The other members were in agreement.
Motion made by Kevin Saff,
seconded by Steve Hoglin to deny the application for a special use permit for a
home occupation for a computer internet telephone limousine dispatch service
for Jill L. Smith, 3554 W. Oak Hill Rd., Jamestown, NY.
Carried. Ayes-7 Noes-0 Absent-0
Attorney Goodell presented the request of Jill L. Smith, 3554 W. Oak Hill Rd., Jamestown, NY to operate a repair shop. He stated it would be small in nature and not for public use. Only the Smiths private vehicles would be repaired. There would be no retail and they would use the existing structure. There will be no impact on traffic.
He provided a photo showing the evergreens that screen the back of the property. He stated that section 146-71F of the code allows shop repair by special use permit.
Mr. Schmidt reminded the Board of the list of concerns from the neighbors:
1) traffic
2) noise
3) potential hazards
4) unsightly views
5) change in the character of the neighborhood
6) employees
He told the Board about a business that was already illegally using this as a place of business. The business is Jays Auto Body. Mr. Woodbury was unaware of the business and will check in to it. Mrs. Smith stated that Timothy J. Watson has the business and rents from Charles Ludwig in Falconer. He is not on their premises.
Melvin Schmidt, 3274 W. Oak Hill Rd., Jamestown, NY stated they built on West Oak Hill five years ago and is against any business there. He enjoys the wildlife and does not want to see that disturbed.
Westley F. Johnson, Jr., 3510 W. Oak Hill Rd., Jamestown, NY asked how if according to the court order no limousines were allowed on the property they could run a repair shop.
ZONING BOARD OF APPEALS
JULY 2, 2001
PAGE TWELVE
Attorney Wright stated this Board could not give permission for the applicant to go against a court order and the order would stand until the Judge ruled.
Mr. Wright reviewed section 146-71F and 146-64 of the code and told the Board members they could approve this application only if it does not generate traffic, impair the value of other properties or if it is no more objectionable to near by properties by reason of noise, fumes, vibration or lights than any other permitted use.
Mr. Hendrickson asked Mr. Woodbury if the buildings meet all other requirements of the code. Mr. Woodbury replied that he has not inspected the property. If the special use were granted he would have to inspect the property for building and fire requirements.
Mr. Hendrickson stated that the Town had received a letter from the NYS Compensation Board that stated the Town should not issue any permits for the Smiths until they had compensation and disability for their workers. The Zoning Board had not seen the letter.
Mr. Jacobs asked if this could open the neighborhood to more businesses. He said there are several businesspersons residing on W. Oak Hill Rd. that might like to have home occupations permits.
Several Board members stated they put a lot of weight on the neighbors concerns.
Attorney Wright stated this is exempt from SEQRA review.
Motion made by Steve Hoglin,
seconded by Dave Remington to deny the application of Jill L. Smith 3554 W. Oak
Hill Rd., Jamestown, NY for a special use permit for a repair shop which did
not meet the criteria in Section 146-64 of the code.
Carried. Ayes-7 Noes-0 Absent-0
Chairman Suchar opened the
public hearing for Julie Przybelinski, 2605 South Work Street, Falconer, NY for
a special use permit to conduct a telephone soliciting business in her home.
Mrs. Przybelinski stated that she would be working for Excel Communications. There will be no other employees and no signs. There will be no customers at the residence and no parking. She stated the hours of operation would be from 9 AM to 5PM three days a week.
Attorney Wright reviewed the criteria for the Board and said they are working under the same standards.
Neighbors had been notified and none were present. John Cusimano, 2597 S. Work St., Falconer, NY had inquired at the Town Clerk’s Office about the permit and had no objections.
ZONING BOARD OF APPEALS
JULY 2, 2001
PAGE THIRTEEN
Motion made by Steve Hoglin,
seconded by John Merchant to approve the special use permit for a home
occupation to conduct a telephone soliciting business for Julie Przybelinski,
2605 S. Work St., Falconer, NY.
Carried. Ayes-7 Noes-0 Absent-0
Motion made by Dave
Remington, seconded by Bob Thomas to approve the minutes of the June 4, 2001
meeting.
Carried. Ayes-7 Noes-0 Absent-0
Mr. Woodbury explained to the Board members that under section 146-64G they could waive the 2 year renewal for a special use permit and suggested that they waive the renewal for the permits they had approved for John Lawrence and James Huckelbery.
Motion made by Dave Remington,
seconded by Kevin Saff to waive the two-year renewal for John Lawrence, 2010
Buffalo St. Ext., Jamestown, NY and James Huckelbery, 3398 Old Fluvanna Rd.,
Jamestown, NY.
Carried. Ayes-7 Noes-0 Absent-0
Motion made by Kevin Saff,
seconded by Dave Remington to adjourn the meeting at 11:30 P.M.
Carried. Ayes-7 Noes-0 Absent-0
_____________________________________________
Valerie Pierce, Secretary