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 10,
2001 AT 7:30 P.M.
PRESENT: Vice Chairman Dave
Remington, Bob Thomas, Kevin Saff, John Merchant, and Attorney
William Wright.
ABSENT: Al Suchar, John Leamon and Steve Hoglin
Vice Chairman Remington 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.
Mr. Remington opened the public hearing for David Cusimano, 163 Hunt Rd., W.E.,
Jamestown, NY for a special use permit to construct a pole structure garage in
a residential zone.
Mr. Cusimano addressed the Board members and stated
that he would like to build a 24’ by 32’ detached two-car garage for the
purpose of storing a car and other personal items. There will be no commercial
use of this structure. It will be sided
to match the house. Mr. Cusimano’s
property is located at the corner of Hunt Rd. and Howard Avenue. Mr. Cusimano has went over the set backs
with Mr. Woodbury and the westerly line is set back 22 feet and the front
setback is more than 25 feet from the deeded property line.
There were no neighbors in attendance. Attorney
Wright said he had spoke to the code enforcement officer and had been told that
Mr. Cusimano had withdrawn his application.
Mr. Cusimano said that was not the case and he had not spoke to Mr.
Woodbury since he made application. Mr. Wright had told a Town councilman that
Mr. Cusimano would not be appearing.
The Board thought they needed a clarification from Mr. Woodbury. Discussion followed and they were all in
agreement that they could approve the application if they got a
clarification. Attorney Wright said he
could talk to Mr. Woodbury in the morning and get clarification for Mr.
Cusimano.
Attorney Wright stated this was exempt from SEQRA as
an accessory building less than 4000 square feet.
Motion made by
Bob Thomas, seconded by John Merchant to approve the special use permit for Mr.
Cusimano, 163 Hunt Rd., W.E., Jamestown to construct a pole structure garage
pending the clarification of the code enforcement officer.
Carried. Ayes-4 Noes-0 Absent-3
Mr. Remington
opened the public hearing for David Bartkowiak, 2575 Palm Rd., Jametown, NY. He
is challenging the determination made by the code enforcement officer. Mr.
Woodbury will not to accept the application for a HAM radio tower to be built
on Mr. Bartkowiak’s property.
Attorney Wright asked if Mr. Bartkowiak had applied
for the FAA permit. He stated that since Mr. Woodbury was not at this meeting
they should have time to act on this application.
SEPTEMBER 10,
2001
PAGE TWO
Mr. Bartkowiak said that he had not applied to the
FAA. In the advisory circular for proposed construction or alteration of
objects that may affect the navigable airspace (see file “ZBA – David
Bartkowiak determination”) it states no notification is required where the
proposed object would not be within 20,00 feet and object would not exceed a
slope of 100:1 horizontally from the nearest point of the nearest runway. He is
asking for a 75-foot tower and according to the calculation he provided for the
Board members he could have a tower 83.9 feet.
He also provided topographical maps showing the airport and tower.
Mr. Bartkowiak believes this is a customary use and
explained why to the Board. He said
there are 150 –200 amateur operators in Chautauqua County and several towers
including ones on Eckman Rd., Horton Rd., Swanson Rd., and Allegheny Avenue as
well as in the Towns of Ellery and Carroll. Attorney Wright asked how many of
the towers were over 75 feet. Mr.
Bartkowiak stated the one on Oak Hill in Frewsburg and the one on Swanson Road
were over 75 feet.
Mr. Bartkowiak provided a copy of a memorandum from
Chautauqua County Amateur F.M. Association in support of the installation of
this antenna system. They explained
that it is a benefit to the community that the Town should encourage and
facilitated.
Kevin Saff asked if Mr. Bartkowiak would need any
other permits or variances and Attorney Wright explained the only issue was the
appeal of the code enforcement officer’s decision that this was not a customary
use. The Board members were in agreement that they needed to hear from Mr.
Woodbury and would have to table this until the October meeting.
Motion made by
Bob Thomas, seconded by John Merchant to table this until the October meeting
when they could hear Mr. Woodbury’s comments.
Carried. Ayes-4 Noes-0 Absent-3
The next item
on the agenda was the public hearing for SBA Properties, Inc. and Horizon
Personal Communications, Inc. for a use variance to construct a 180 foot
telecommunications tower on property owned by Church of the Nazarene at 405
Howard Ave., W.E., Jamestown, NY.
There were some concerned neighbors present and Attorney Wright told them this application would be republished and the neighbors would be notified when the Zoning Board could address the issue.
Vice Chairman
Remington opened the public hearing for Ray Burgun Trucking for a special use
permit renewal for gravel excavation on South Work Street Extension and the
rear lot on Peck Settlement Road.
ZONING BOARD OF
APPEALS
SEPTEMBER 10, 2001
PAGE THREE
Mr. Burgun purchased this property from Barnes Construction about 15 years ago. Mr. Jim Barnes, President of Barnes Construction, appeared with Mr. Burgun to give the Board some history of this property. He explained they had a special use permit from the Town of Ellicott that they had acquired in the 1960’s and also a mining permit from NYS DEC. Mr. Woodbury had asked for a copy of the permit but Mr. Barnes explained his company had discarded the paper work for the gravel pit. They had been running a C&D landfill in the 1980’s but now there is only gravel excavation on the property.
Mr. Burgun has applied to NYS DEC for a mining permit because he had removed over 1200 yards of gravel for the County’s project on S. Work and Peck Settlement Roads. Anything over 1000 yards must have a NYS DEC permit.
The neighbors present had no objections to the gravel excavation or renewal of the special use permit for Mr. Burgun.
Motion made by Dave Remington, seconded by Bob Thomas to renew the
special use permit for Ray Burgun for the excavation of gravel on his property
located on South Work Street Ext. and Peck Settlement Roads.
Carried. Ayes-4 Noes-0 Absent-3
Attorney Wright reminded Mr. Burgun that he needed to renew this special use permit every two years.
Mr. Remington opened the public hearing for Fred R. Fred, 2876 Bentley
Ave., Jamestown, NY, for a special use permit to construct a pole structure
building in a residential zone.
Mr. Fred explained to the Board that he wanted to build a 32-foot by 36-foot garage with a 16-foot door in the front and a 10-foot door on the side to store a specialty car and snowmobiles. He would only be using this for storage. He has talked to his neighbors and heard no objections. There were no neighbors present.
Attorney Wright reviewed Section 146-72 and 146-64 of the
Town code and stated this is exempt from SEQRA as residential accessory
structure less than 4000 square feet.
Motion made by Dave Remington, seconded by Bob Thomas to approve the
special use permit for Fred R. Fred, 2876 Bentley Ave., W.E., Jamestown, NY to
construct a pole structure garage in a residential zone and to waive the two
year renewal.
Carried. Ayes-4 Noes-0
Absent-3
Vice Chairman Remington opened the public hearing for Anthony T.
Tedesco for a variance to store vehicles and equipment used for landscaping
business at 3576 Baker Street Ext., Jamestown, NY.
ZONING BOARD OF APPEALS
SEPTEMBER 10, 2001
PAGE FOUR
John D. Vanstrom, Attorney for Mr. Tedesco, and Bill Place, Supervisor for Mr. Tedseco, addressed the Board. They explained that Mr. Tedesco was storing equipment used for his business LL&S Landscaping on this property. The actual business is located on Metcalf Ave., W.E., Jamestown, NY.
Mr. Woodbury had asked that they do some clean up on this property and come for the variance. They submitted photos of the work they had done in the last two weeks.
The property is approximately five acres and is tree lined along Baker Street. They have been there since 1996 and have not used this property for any other use.
Bob Thomas asked if they do any maintenance of the equipment at this site and Mr. Place told the Board they do only light maintenance.
Attorney Wright explained that there are two issues. The first is aesthetic and the second is the criteria for the use variance. He reviewed the criteria for the Board members, Mr. Place and Attorney Vanstrom. The criteria is that the applicant prove hardship by showing:
1) they can not get any other reasonable return
2) property is unique
3) it will not alter the neighborhood
4) is not self-created
The Board has in the past asked for financial proof that they would be deprived of the value of their property if a variance has not approved.
There were no neighbors present. John Merchant asked if this equipment is being stored for the applicant’s own business. Mr. Place stated that the equipment was for Mr. Tedesco’s business.
Attorney Vanstrom asked the Board to table this application until the
October meeting so he would have an opportunity to meet the criteria.
Motion made by Bob Thomas, seconded by John Merchant to table this
application for Anthony Tedesco until the October 1, 2001 meeting.
Carried.
Ayes-4
Noes-0
Absent-3
Motion made by Kevin Saff, seconded by John Merchant to approve the minutes of the July 23, 2001 meeting as presented.
Carried. Ayes-4
Noes-0
Absent-3
ZONING BOARD
OF APPEALS
SEPTEMBER 10,
2001
PAGE FIVE
Motion made by
John Merchant, seconded by Bob Thomas to adjourn the meeting at 8:55 P.M.
Carried. Ayes-4 Noes-0 Absent-3
______________________________________________
Valerie
Pierce, Secretary