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 SEPTEMBER 9, 2002 AT 7:30 P.M.

 

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

                    William Wright and Code Enforcement Officer Randy Woodbury.

 

ABSENT:  Bob Thomas and Steve Hoglin

 

Chairman Suchar called the meeting to order at 7:30 P.M. The secretary called the roll.

 

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

 

Motion made by Dave Remington,  seconded by John Leamon to approve the minutes of the July 29, 2002 meeting as presented.

 

Carried.                   Ayes-5                      Noes-0                    Absent-2

 

Chairman Suchar reopened the public hearing for Todd and Jennifer Nelson , 72 Robinson Ave., W.E., Jamestown, NY for a garage set back variance and a special use permit to add a third apartment above a garage in a residential zone. 

 

Attorney Wright informed the Board he had received a call from Neil Robinson, Esq., Attorney for the Nelsons. The applicant is waiting for a survey and should be ready to appear for the next meeting.

 

Chairman Suchar reopened the public hearing for SBA Properties, Inc. and Horizon Personal Communications to construct a telecommunications tower at 403 Howard Ave., W.E., Jamestown, NY on property owned by Church of the Nazarene.

 

Randy Woodbury told the Board he had called Cathy Bardenstein, Attorney for SBA Properties, Inc., and she asked that they be left on the agenda for the next two months.  They are exploring various alternatives that might eliminate the need for the proposed tower. Mr. Woodbury stated that the Town also has correspondence on file that states they are looking into these alternatives.

 

Chairman Suchar reopened the public hearing for Thomas Mann, 169 Longview Ave., W.E., Jamestown, NY for a set back for a garage.

 

Mr. Mann, in a letter to the Town dated September 4, 2002, withdrew his application for the variance.  Mr. Mann had also requested a refund of the fee he had paid for his appearance before the Zoning Board.

 

The Board discussed the refunding of fees. They were in agreement that if an applicant had appeared before the Zoning Board the Town Board should not consider refunding the fee.  The refunding of that fee would allow any applicant that decided to table their request to a refund.  The Board members did not see any reason not to refund the fee if the applicant had not appeared before the Zoning Board but any expenses that have been incurred by the Town should be deducted from the amount of refund. 

 

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Even though the Zoning Board members know the refunding of fees is a Town Board decision they were all in agreement to authorize the Chairman to draft and send a letter to the Town Board with their recommendation. 

 

Chairman Suchar reopened the public hearing for Fluvanna Community Church, 3363 Fluvanna Ave. Ext., Jamestown, NY for a sign variance.

 

Hope Fredrickson, Esq., Attorney for the Church had called Mr. Wright and explained the church was not ready for this meeting and asked that this be tabled until the next meeting. Attorney Wright told the Board that no action was needed since this project had already been tabled.

 

Chairman Suchar opened the public hearing for John C. Armstrong, 26 Merlin Ave., W.E., Jamestown, NY for a front yard setback for a garage.

 

Mr. Armstrong showed plans to the Board members and explained what he wanted to build.  Mr. Woodbury told the Board this would be an extension to a non-conforming building and Mr. Armstrong would need an area variance.  The new code allows 1000 square foot for a garage and the existing garage with the addition would not exceed that square footage. Mr. Suchar asked the distance from the existing structure to the property line.  Mr. Armstrong stated it was 12 feet.

 

Mr. Armstrong told the Board that he could see no other options for the addition.  He provided photos that showed the existing structure and slope of the property that hinders moving the garage farther back on the property.  He stated he would use the new addition for storage.

 

Attorney Wright reviewed the code for the Board members and reminded them they needed to weight to benefit to the applicant against the determent to the neighborhood. Attorney Wright stated this proposed project is exempt from SEQRA review.

 

There were no neighbors at the public hearing and Mr. Armstrong stated he had talked to his neighbors and no one had a problem with the addition.

 

Motion made by John Merchant, seconded by Kevin Saff to grant the 13 foot front yard setback variance for John Armstrong, 26 Merlin Ave., W.E., Jamestown, NY for his garage addition due to the pre-existing building structure.

 

Carried.                        Ayes-5                    Noes-0                   Absent-2

 

The Town of Ellicott received a letter from Mark Bargar, Attorney for Gerald and Lois McConnell stating the applicant withdrew their application to appear before the Zoning Board for a determination of the code enforcement officer’s decision and a special use permit.

 

 

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Attorney Wright swore in Fred LoFaso and Richard Gunn representing Montana Mills Bread Co.

 

Mr. LoFaso reviewed the plans with the Board members. After a lengthy discussion Attorney Wright stated that the applicant would need four area variances. They need a variance from 30 feet to 12 feet in the front, 30 feet to 2 feet on the west, 30 feet to 6 feet on the easterly side, and from 30 feet to 2 to 3 feet in the back.

 

Mr. Woodbury updated the Board members on the reason this project came before this Board.  They had had a sketch conference with the Planning Board and there was an interpretation issue. They needed to know if the parking lot includes driveways and aisles. Mr. Woodbury told the Board the plans have changed since the applicant was before the Planning Board and they were requesting a larger variance. They have added more green space. Mr. LoFaso said they have kept this building to a minimum size. It is approximately 3100 square feet.  

 

Mr. LoFaso explained the hardship with the slope of the property in the back.  They had considered a retaining wall all the way across the back of the property but the cost was too great.  Mr. Gunn explained that one third of the property in the back is being retained as not developable because of the impact on the neighbors would have been too great.

 

John Leamon asked about the neighboring businesses. The Owl’s Nest would have been a non-conforming structure under the prior code.  Mr. Leamon stated the Board would have to consider the variances if they wanted this property developed. 

 

Attorney Wright reviewed the criteria for an area variance and the Board discussed each of the criteria including 1) if there would be any undesirable change in the neighborhood 2) if this could be achieved in some other way 3) if the variance is substantial 4) if it would have an adverse effect on the neighborhood and 5) if it is self-created.  He told the Board he could write a legal opinion.

 

Attorney Wright swore in Ann Holland.

 

Ann Holland, owner of the Owl’s Nest at 956 Fairmount AVE., W.E., Jamestown, NY, stated that the denying of these variances would devalue their property. They would not be able to use their property and comply with the current code.  She thought that this project would be an improvement over the lot that was not being maintained. 

 

Attorney Wright asked if the applicant if they had a contract with the current owner and asked them to supply a copy for the Town.  Mr. LoFaso said he would get a copy for the Town. 

 

The Board members agreed that this lot was uniquely deficient.  They all felt the variances were substantial and asked if the applicant had considered purchasing property from the Hollands. The applicant has considered the purchase of the property but would still have to ask for variances because of the contour of the land and the Holland’s lot is not as deep.

 

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Kevin Saff asked about the Attorney’s legal opinion and how the criteria apply.  He stated this is the best proposal that has been brought to the Board for this property and the applicant has given due diligence to other options. He also noted no neighbors appeared.

 

Al Suchar stated the Board would be setting precedence with such substantial variances. He asked Mr. LoFaso is they would be willing to eliminate some the parking spaces.

 

Attorney Wright told the Board that this proposed project is exempt from SEQRA review.

 

Motion made by Al Suchar, seconded by Dave Remington to reject this variance for parking lot set backs for Montana Mills Bread Company at 944 Fairmount Ave., W.E., Jamestown, NY because of the substantial nature of the variance request.

 

 

Not Carried.               Ayes-3                          Noes-2 (Leamon and Saff)             Absent-2

 

Mr. Woodbury asked if Chairman Suchar wanted an answer to his question about the elimination of  some of the parking spaces. He did not.

 

Motion made by Kevin Saff, seconded by John Leamon to approve the parking lot set back variances of 18 feet on the south side, 24 feet on the southeast side, 28 feet on the west side and 28 feet  on the northeast side for Montana Mills Bread Company at 944 Fairmount Ave., Jamestown, NY based on the uniqueness of the property.

 

Denied.               Ayes-2                    Noes-3 (Suchar, Remington and Merchant)     Absent-2

 

 

Jerry Erickson, PE for S. Richard Piazza, addressed the Board concerning a modification to the variance that was granted in March of 2002 for a carpet store at 878 Fairmount Ave., W.E., Jamestown, NY.

 

Mr. Erickson explained the changes they wanted to make to the site plan and the asked the Board to determine if they needed to appear before them for another variance. The Board would have to determine if the changes would change any of the criteria on which they had based their approval.

 

Mr. Erickson explained that Mr. Piazza has as prospective tenant and would like a larger building. They want two rows of parking in the front of the building. They needed to know if the driveway is considered part of the parking.

 

 

 

 

 

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SEPTEMBER 9, 2002

PAGE FIVE

 

It was the consensus of the Board if the applicant does not need a variance for the parking and the front  variance will be reduced from the approved 23 feet to 19 feet they would not need an additional variance.

 

Motion made by Dave Remington, seconded by Al Suchar to adjourn the meeting at 9:07 P.M.

 

Carried.                  Ayes-5                        Noes-0                       Absent-2

 

 

 

___________________________________________

Valerie Pierce, Secretary