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 14733 ON
SEPTEMBER 26, 2005 AT 7:30 P.M.
PRESENT: Chairman
Steve Hoglin, Dave Remington, John Merchant, Angelo Cimo, Patricia
Martonis, Rick Keefer, Kathy Hedstrand, Attorney William Wright, Code
Enforcement Officer Randy Woodbury and Secretary Valerie Pierce.
ABSENT: None
Chairman Hoglin called the meeting to order at 7:30
P.M. Secretary Pierce called the roll.
Attorney Wright swore in everyone that would be
testifying at this public hearing.
Chairman Hoglin reopened the
public hearing for Nicholas Ferreri (Tanglewood Manor), 560 Fairmount Ave.,
W.E., Jamestown, NY for a special use permit for senior housing with 24 units
for independent living.
David Stapleton, Attorney
for Mr. Ferreri, told the Board the applicant would like the application for
the senior housing tabled and instead go to the next item on the agenda, which
is the day care unit. They would like
to focus on one application at a time.
Attorney Wright asked if they would be coming back to this Board for consideration on the senior housing and asked Mr. Stapleton how they would deal with the SEQR issues. Mr. Stapleton said they would like to deal with the SEQR issues at the Planning Board level. They have prepared a new long form SEQR. Attorney Wright stated that SEQR applies to the decision that is to be made by the Zoning Board as well. Attorney Stapleton did not think that the SEQR applies for the two set back area variances. Attorney Wright said they might be able to proceed if the potential use variance has been dropped and they are considering just area variances, which are considered Type II actions.
Chairman Hoglin reopened the
public hearing for Nicholas Ferreri (Tanglewood Manor), 14 Merlin Ave., W.E.,
Jamestown, NY, for area variances for the setback for a parking lot and a
building setback for a day care unit.
Attorney David Stapleton, representing Mr. Ferreri, presented revised plans showing the changes in the proposed project. The Board members had asked for additional information at the last meeting. The variances have been reviewed and they have presented a new site plan that reduces the 7 area variances to 2 area variances. He reviewed the changes with the Board. The back lot, that was the residential building lot in question abuts the 40-foot buffer. The residential lots owned by Mr. Ferreri will remain vacant. The building line has been moved off the property line back 15 feet, so the requested area variance now is a 10 foot area variance on the north side.
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SEPTEMBER 26, 2005
PAGE TWO
The Board reviewed the plans with Paul Potter, Envirovision Engineering and Jim Carroll, Asterhill Planning and Developing.
Attorney Stapleton asked if people would address the issues so they are on the record. The original site plan and the landscaping plan have been provided with some photographs to the Board. Mr. Stapleton explained the requested variances. The 5-foot variance on the Saloon parking lot side is for the parking lot itself. The number of parking spaces has been reduced. The spaces along the Gifford Avenue location have been removed so there is strictly a turn around driveway there. There are four parking spaces on the Merlin Avenue side.
Attorney Stapleton read into the record a letter from Marsha Painter, Assessor for the Town of Ellicott, that stated after viewing the area and the documentation submitted she did not feel there would be a reduction in property values in the area because of the building of the day care facility or the residential housing (See file “Tanglewood – Zoning Board Variances”).
Mr. Stapleton also read into record a letter to Supervisor Patrick Tyler from Highway Superintendent Shellhouse and Chief of Police William Ohnmeiss that stated unopened Lee Street between Gifford Avenue and Merlin Avenue should be used for emergency vehicles only and recommended that signs be posted on both Gifford and Merlin Avenues to prohibit non-emergency vehicle use on Lee Street. (See file “Tanglewood Manor – Zoning Board Variances”).
Attorney Stapleton entered into record a petition that was signed by individuals that were in favor of the dementia specific day care facility (See file “Tanglewood Manor-Zoning Board Variances”).
Mr. Stapleton said that Mr. Ferreri has engaged Mr. Paul Potter, Envirovision Engineering, to prepare the SEQR for the project. He also had some lighting photo metrics to share with the Board.
Mr. Potter said his portion of this project is the storm water site design criteria. He reviewed the lighting plans with the Board members. He has not been involved with the project long enough to be able to develop a full SEQR because it has to include all future proposals.
Mr. Potter stated the height of the proposed lampposts would be nine feet and that some of the light would fall into the ditches along Merlin and Gifford Avenues but not unto the street. There will just be landscape lights and a light on the front of the building and a porch light on the back door.
Attorney Stapleton said Tanglewood did approach the owner of the Saloon, Timothy Ruch, to see if he would be willing to sell an easement so they would not need an area variance for the parking lot setback on the parking lot side. Mr. Ruch did not want to sell but had no objection to the project.
Mr. Jim Carroll, Asterhill Planning and Developing, presented the revised plans showing the changes in the perimeter of the building that has been brought back to meet many of the setbacks. He explained the new variances they are requesting. He provided a landscape plan and said they are planning to
ZONING BOARD OF APPEALS
SEPTEMBER 26, 2005
PAGE THREE
transplant several small trees to the north property line for the planting buffer. Besides saving some cost to the owner it will provide more mature plant material on the property line to provide more immediate screening. He showed the fences and the buffers and also some renderings of the building elevations.
Neighbors were not notified because this is a continuance of a public hearing that had been noticed previously.
Attorney Wright reviewed the law so the neighbor’s comments would pertain to the criteria the Board would be considering. Mr. Wright said that the applicant has identified two areas variances. Section 146-24 (bulk regulations for the neighborhood district) requires building front lines to be setback at least 50 feet from the front property line and at least 25 feet from the rear and side property lines. The applicant identified one area on the north side where it will be 15 feet from the property line (the line that is the actual zone where it transitions into residential property). Parking lots are required to be set back at least 30 feet from the front line and 25 feet from the side and rear property lines. The applicant has identified one place on the south side where the turn around for the parking lot will come to within five feet of the property line. Mr. Wright said there is additionally another variance in that there is a 20-foot vegetation requirement consisting of trees and shrubs, which he would consider to be an area variance. Mr. Ferreri has designated the whole residential area to basically fulfill the buffer requirement. It would be turned to green space and not changed. Mr. Wright then reviewed Section 267 B of the Town Law and the criteria for the approval of an area variance. He asked the neighbors to speak to the issues that the Board would be determining.
John Armstrong, Merlin Ave., Jamestown, NY, stated he is the residence to the north of this project. Mr. Armstrong said this project changes the character of the neighborhood because there is a four-car parking lot. He said there has been day care provided at the Tanglewood Manor building and does not understand why it now needs to come over to Merlin. He said there is employee parking at Tanglewood Manor so the four parking spaces are redundant and create additional traffic on Merlin Avenue. He said it is nice they turned the building around and have lessened the setbacks they are requesting, however, it does still change the nature of the neighborhood. Because a previous owner of this property had a business that involved screen-printing, Mr. Armstrong would like to see some sort of testing done on the soil and because a house that old certainly has asbestos he would like to see the steps taken to take care of that.
Shawn Malay, Gifford Ave., Jamestown, NY, provided photographs during one of the recent rainstorms. He also provided a property map for the Board members. He said that the water does run down the Tanglewood Manor driveway and floods the Mc Tavish property and also floods the road drain and overflows the road in front of his property. He feels it is important that the storm water survey be done before they grant the approval to build this particular project. He also had concerns about his well water and agrees with Mr. Armstrong that they should have some soil surveys completed prior to any major construction.
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PAGE FOUR
The Board reviewed the relationship of the parking lot with the residences. Mr. Carroll said the building would be approximately 65 feet from the property line. Mr. Malay asked that the layer of trees that isolated that property be included and not just the green space. The existing role of shrubbery that is 10’ to 12’ high would be a better noise barrier. The applicant has already established they would replant much of the existing vegetation at varying height, which would go from Merlin Avenue to Gifford Avenue. Mr. Carroll said by replanting the existing trees they would have twice the width and crown. Kathy Hedstrand asked if it was deemed necessary would Mr. Ferreri purchase additional plantings if what is in there is not enough. Mr. Ferreri stated it would be sufficient.
Randy Woodbury said Mr. Armstrong brought up some technical questions he said he would answer at the Planning Board session because they do not speak to the variance issues. The adult daycare is a use by right in this zone. Mr. Armstrong spoke about asbestos and Randy said every demolition in the Town of Ellicott requires a permit and the permit has very strict requirements. All the Department of Labor rules and regulations must be followed. The asbestos for residential is regulated by the Department of Labor and any company that demolishes has to document all compliance. There are procedures within the building code for special testing of the soil.
Pat Martonis asked if the Planning Board would address the drainage. Mr. Wright said they would. When asked by Randy Woodbury if some of the existing drainage problems would be corrected, Mr. Potter stated that many of them would.
Attorney Wright stated this project is part of a larger project and the whole project for the process of SEQR has to be considered together, otherwise there is potential for anyone to challenge the SEQR finding on the basis that they have segmented the project. Mr. Wright said they are talking about three separate individual lot line variances that by themselves they are type II actions under NYCCR 617.5 (c) 12 and are exempted from SEQR. Provided the other issue is still on the table when they get to the Planning Board he thinks the entire project has to be evaluated in its entirety for SEQR. Mr. Potter agreed with Mr. Wright and Mr. Stapleton said that information would be presented at the Planning Board.
Attorney Wright made a
determination for the record that the individual lot line setback variances are
a type II action pursuant to NYCCR 617.5 (C) 12 and based on that no SEQR
determination is necessary by this Board and they can move to a determination.
Mr. Wright identified the three variances that the Board needed to consider:
1) a variance from 25’ to 5’ for the parking lot that is a south line plot variance
2) a variance from 25’ to 15’ for the building on the north side
3) a variance from 20’ to 15’ for the vegetated buffer requirement between the building and the residential under Section 146-24C of the Town of Ellicott Zoning and Planning code
Rick Keefer said he was impressed with what was brought before the Board from both sides. Mr. Hoglin reminded the neighbors the Planning Board would address the drainage issues and the testing of the soils would be an issue for the Code Enforcement Officer.
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PAGE FIVE
Mrs. Kennedy, Merlin Avenue, W.E., Jamestown, NY, asked the addresses of the people who signed the petition presented by the applicant were from. She did not think they were from Merlin and Gifford Avenues.
Motion made by Pat Martonis,
seconded by Dave Remington to approve the three variances for Tanglewood Manor
for Nicholas Ferreri at 14 Merlin Ave., W.E., Jamestown, NY for the day care
center as stated by Attorney Wright.
Carried. Ayes-6 Noes-1 (Hoglin) Absent-0
Chairman Steve Hoglin opened
the public hearing for Sally Straka, 163 Avalon Blvd., W.E., Jamestown, NY, for
the renewal of a special use permit for a home occupation for myofascial
trigger point therapy.
Ms. Straka told the Board she has not changed anything in her operation. The hours of operation are the same and she has no employees. She does not have a sign and does not plan on one.
Kathy Hedstrand asked if there were any conditions on the original permit. Ms. Straka said the Board asked that her hours of operation be no later than 8:00 PM and no Sunday hours. That is still acceptable to Ms. Straka.
Neighbors were notified and there was no response to the Town Clerks’ Office. Mr. Woodbury stated that he has received no complaints or comments about Ms. Straka’s operation.
Attorney Wright stated this renewal is exempt from SEQR.
Motion made by Rick Keefer,
seconded by John Merchant to renew this special use permit with the original
conditions for Sally Straka, 163 Avalon Blvd., W.E., Jamestown, NY for
myofascial trigger point therapy.
Carried. Ayes-7 Noes-0 Absent-0
Chairman Hoglin opened the
public hearing for Chautauqua Watershed Conservancy, Inc. for a special use
permit for a park on Fluvanna Avenue Ext., Jamestown, NY.
John Jablonski, representing Chautauqua Watershed Conservancy, Inc., reviewed the maps provided with the Board members. He told the Board the Conservancy owns 50 acres on the Chautauqua Lake outlet behind Pic 17 storage proceeding east toward the building known as Dean’s Snowmobile Repair. They started acquiring property in 1999 and acquired another property last year. They have more land under contract in the area between Fluvanna and the existing parcel behind Pic 17 storage. They are requesting permission to have a nature preserve there that will in essence be a park open to the public with an entrance off Route 430. The land under contract is to the west with another 900 feet of waterfront from the rail bed to the river.
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SEPTEMBER 26, 2005
PAGE SIX
Mr. Jablonski said this is really a nature preserve that is being classified as a public park. He said if there were willing sellers they would like to extend it from Fluvanna to the City of Jamestown line. Their intention is to conserve as much as possible for nature trails and bird watching and they will not be doing anything to fill in the wetlands. If there are trails in the wetland they will be at ground level or on piers. There will be a State Conservation easement on the property. The property is zoned mercantile but Mr. Jablonski suggested that the Town change the zoning of the area that is wetlands to something like “conservation district”. Mr. Jablonski passed out information about their organization so the Board would know what their organization is all about.
Pat Martonis asked how they would patrol the park. Mr. Jablonski said there are no plans for regular patrols.
Rick Keefer said he spoke to a number of neighbors when he received the notice in the mail and he said there was overwhelming support of the project and he did not receive one negative comment. He said the residents would like to see as much green space as possible preserved between Jamestown and Fluvanna and they wished more would happen. He did ask about the parcels in between. Mr. Jablonski said they are working to acquire those lots.
Secretary Pierce stated the neighbors were notified and that Mr. Allen Peterson did come into the Administration building and look at the maps and talked to Randy Woodbury about the project.
Mr. Allen Peterson, Strunk Rd., Jamestown, NY, stated he owned property in the area and said that he understands that it is protected wetlands and nothing can be done with it anyway.
Mr. Jablonski said development is not prohibited but costly because the wetland area would have to be replaced. Mr. Peterson said there were canals built up through there at one time for the vendors. Mr. Peterson asked how they plan to connect the properties and Mr. Jablonski said if the owners would be willing to sell or give an easement to cross the property they could connect the parcels. He said they could construct a boardwalk on wetlands.
Mr. Komo Tane, asked if this project is pending on the other two parcels being acquired. Mr. Jablonski said they would develop a trail on the property they now own. He told the Board they have purchase offers out for several other properties. They will purchase the property anyway but would not have parking or a way for the public to access the property as a park if this variance is not granted. It would set as vacant land and would still be nature preserve but there would not be the ability to make it attractive for public use. They plan to have parking for about 10 cars.
Marilyn Moreen, owner of property in the Fluvanna area, asked if there would be a fee for entrance to the park. She had concerns about hunting on the property as well as safety concerns.
Mr. Jablonski stated there would be no fee but their properties are generally open to hunting.
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PAGE SEVEN
Rick Keefer asked if they would be opposed to no hunting there. Pat Martonis asked if he would like to take the hunting issue back to his Board. Mr. Jablonski said the members have strong sediment to wild hunting on their preserves and that is something they would want to allow. They would be willing to post the neighbors property.
Ms. Moreen said she thought they could control it if there was a station that everyone would have to go through to identify who they are and maybe pay a small fee. She told the Board she did not lease her land for the golf driving range this year but had concerns about stray bullets. Kathy Hedstrand asked if there is hunting on the property now and Mr. Jablonski replied there are both deer and duck hunting allowed in the property.
There was a lengthy discussion about the hunting on the property and the possibility of having a sign-in sheet and posting a sign with the rules and regulations and the hunting seasons.
Mr. Jablonski said because they are using State funds for the purchase of some of the land they have to put up a State sign.
Attorney Wright noted they are applying for a special use permit and they are renewable every two years so if the Board granted the permit it provides an opportunity for the neighbors to come in and comment or they also have the ability to call the Code Enforcement Officer or Town Clerk’s office to complain. Mr. Jablonski said they would be asking for a permanent special use permit because they would not invest thousands of dollars in the property to have it not usable in two years. Mr. Jablonski said he did not think the two-year renewal permit was legal and they would challenge that.
Mr. Jablonski told the Board the Conservancy has a State easement that dictates they cannot build buildings or bulldoze the area that would be strictly enforced.
Attorney Wright asked the Board to table this application in order to receive an interpretation from him regarding whether or not this is a public park under 146-9 of the Zoning code.
Motion made by Dave
Remington, seconded by Ang Cimo to table this application for the Chautauqua
Watershed Conservancy in order in receive an interpretation from Attorney
Wright.
Carried. Ayes-7 Noes-0 Absent-0
Chairman Hoglin opened the
public hearing for Turner Property Maintenance, 1890 Lyndon Blvd., Falconer, NY
for a setback variance for an addition to the existing building.
Randy Woodbury told the Board Mr. Turner has redesigned the location of his building and no longer requires a setback variance. He has withdrawn this variance application but is scheduled to appear before the Planning Board. Randy said Mr. Turner would be requesting a refund of the application fee. That is a Town Council matter but Randy said if the Board had no objections he would be asking the Town Council to refund the fee minus any publishing or mailing fees.
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PAGE EIGHT
Chairman Hoglin opened the
public hearing for Southshore Mechanical, Inc. and Royne and Edna Roman for a
use variance to conduct a cleaning business and to convert the unfinished
western side of the first floor into a five-room apartment at 119 Hunt Rd.,
W.E., Jamestown, NY.
Neil Robinson, attorney for Southshore Mechanical, told the Board the applicant is asking for a use variance or a continuation and modification of the use variance given to Southshore Mechanical back in May 2000.
Mr. Robinson gave the Board a brief history of the property and submitted copies of letters presented at the time the use variance was granted in 2000 showing the building had been used strictly as a commercial building. It was his understanding that this has been a non-conforming use continually since the zoning was adopted because the building was there prior to the zoning. Mr. Robinson said the owners are getting ready to retire and want to sell the building and this building has no other use except a commercial use. When his clients purchased the property it had been on the market for 311 days and now has been on the market since September 2004. It is their opinion that this property cannot yield a reasonable return if used as a permitted use. It is a unique building and the hardship itself is not self-created because the building was built prior to the zoning and has not change the character of the neighborhood and will not have any ill effects on the neighborhood. The neighborhood grew around the building. The cleaning business will be a more compatible use than the use his clients made of the building.
Steve Sorg, real estate broker with Real Estate Advantage, explained the property had been on the market for almost a year prior to the Schnars’ and Owens’ purchase back in 2000 and currently it has been on the market for 13 months. They have had five showings and they have all been for commercial use. There has been no interest as a residential use. At the present time it is being used as both residential and commercial.
Douglas Spoto, attorney for Mr. & Mrs. Roman, told the Board he had been to the Board a couple of months ago representing the dance studio. He felt the issues that were raised then should not be a problem now. Parking and traffic should not be a problem. The use the Romans’ want to put to the building is quite less than the use that us currently there.
Royne Roman, Merlin Ave., W.E., Jamestown, NY, told the Board the reason they are interested in this building is because it is less than one mile from their home and they have a twofold plan for the building. The first phase would be to renovate the west side of the lower floor to a five-room apartment that would be residential and would give them two tenants. The tenant parking would be in the front of the building on the west side. They would move their cleaning company into the front showroom where the retail Southshore Mechanical is now. In phase II they would use the building as a full janitorial cleaning supply and equipment business. In their cleaning business every thing is done off site with the exception of a customer who may stop in to see a demonstration but it would create very little traffic flow. They would also like to assist the Owens and the Schnars as they reorganize their business so for a time they might continue to have a presence in the building. If they have delivery
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PAGE NINE
vehicles they would be parked inside. Mr. Romans stated their hours of operation would be 8:00 AM to 6:00 PM Monday through Friday and possibly half a day on Saturday. At the present time the Roman’s have just a cleaning service but they are in the process of working with Chautauqua Opportunities to develop a business for the equipment and supply business, which might be a year or 18 months down the road. Mr. Roman said their actual sales would be by appointment. Mrs.Roman explained to the Board that from 1993 to 2000 she had a small commercial cleaning service and no one ever came to her home. Then she added a carpet and upholstery service until 2001 at which time she sold her business. It did not work out so she took the business back. She said she has about 25 to 50 clients and does not have any employees at this time. They have been told there is a need for business. Mr. Roman said this could evolve into a bigger business but they could not envision a “Service Master” with 8 to 10 trucks parked around the building but it would be more of a “Mom and Pop” business.
Richard Stahlman, real estate broker, told the Board he has investment properties and has used the Romans’ for cleaning his apartments. He said that Arthur Gren Company has also used the Romans’ for a number of years for commercial cleaning. He said he can attest to the fact that they come quietly into the properties and their experience has been very good.
Dave Remington asked Steve Sorg what the average length of time a commercial property is on the market in West Ellicott. Mr. Sorg stated it would depend on where the property is but he would say that the time West Ellicott properties are on the market would be less then in other abutting communities. He could not give a specific time because that would depend on the type of business, price and other variables. In 13 months they have had five showings and two offers on this property.
Pat Martonis said the neighbors had concerns about the parking and traffic as well as concerns about snow removal. She asked about the parking and Mr. Roman said they did provide a parking diagram. They would not be using any parking out back but would use the existing parking as is.
Pat Martonis read into record a letter from Debbie Latona, 26 Central Ave., W.E., Jamestown, NY. She was not against the business but had concerns with the number of employees, the number of vehicles, the hours of operation and delivery, and traffic.
Kathy Hedstrand asked the owners of Southshore Mechancial if they currently have deliveries and what the hours of delivery are. They currently have one or two deliveries a week that come between 8:00 AM and 4:00 PM and very seldom have a semi-truck delivery. John Merchant asked Mr. Roman if he expected the same. He said he thought they would be less than semi-trucks that delivered. Kathy asked if the business began to grow they would consider moving into another building. Mr. Roman said that if they outgrow the facility they would not try to build there. The building is quite large and will allow them to grow.
Secretary Pierce stated the neighbors were notified and there was the one letter received from Debbie Latona, 26 Central Ave., W.E., Jamestown, NY and Pat had read that into the record.
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PAGE TEN
Attorney Wright explained to the Board this was a use variance and reviewed the criteria in 267 B of the Town law noting that no use variance should be granted without a showing by the applicant that the applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove the unnecessary hardship the applicant should demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for that particular district the property is located:
1) the applicant cannot realize a reasonable return, provided the lack of return is substantial as
demonstrated by competent financial evidence
2) the alleged hardship relating to the property is unique and does not apply to a substantial
portion of the neighborhood
3) the requested variance if granted will not alter the essential character of the neighborhood
4) the hardship has not been self-created
Attorney Wright asked Mr. Sorg if the two offers were in addition to the offer by Mr. Spoto’s previous client. Mr. Sorg stated this is the only offer subsequent to the offer by the DeMarcos. Mr. Robinson also noted that this offer is 10% below the assessed valuation.
John Johnson, Homested Ave., W.E., Jamestown, NY, told the Board he owned the property across the street. He asked who was actually applying for the variance.
Attorney Robinson said both the seller and the buyer were put on the application because both parties have standing before the Board. They thought if everyone was here they could give the Board the full story of what is going on and answer as many questions as possible.
Mr. Johnson asked how long Southshore Mechanical intended to stay. Mr. Schnars said they plan on moving out at the time of closing or within a month. Mr. Johnson had concerns about the growth of the business, the number of delivery trucks, the drainage, water runoff from the building, and snow removal.
Mr. Roman said there was room in the back to push the snow and told Mr. Johnson the snow removal could be done in the mornings.
Rick Keefer asked for some additional financial information. The Schnars and Owens paid $60,000 in 2000 but they bought additional property for $5,000 and there was cost for additional renovations. The property went on the market for $129,000 but the purchase offer is for $90,000. The assessed value on the property is $98,500. The annual maintenance is minimal and the property taxes are approximately $3,800 per year. There is still a mortgage of $25,000. The annual income on the property is $400.00 per month for the upstairs apartment.
Mr. Robinson said if the property cannot sell for a permitted use that could satisfy that criteria. Attorney Wright told the Board members some of that information was included in the packet the Board members received.
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PAGE ELEVEN
Kathy Hedstrand asked if the existing business is running under a use permit. Attorney Wright told the Board the current owners were granted a use variance in May 2000. Attorney Wright told the Board under 267 B of the Town law they are allowed to impose reasonable conditions and restrictions directly related to the proposed use of the property.
Mr. Johnson asked if they could build additional buildings. Mr. Wright explained their use variance would not allow them to expand their use.
Attorney Wright reviewed the criteria with the Board noting:
1) the Board was satisfied with the financial evidence – the applicant provided the assessed
value of the property, the listing and sales price in 2000, the listing and the sales price this time, the number of showings, the attempt to get a interest for an allowed use, the rental income and the cost of renovating the building for apartments (they would need a special use permit for more than two apartments)
2) the property is unique in that it does not apply to the substantial portion of the neighborhood because the building was there before the zoning
3) it does not alter the essential character of the neighborhood because it essentially established the character of the neighborhood by being there since the thirties
4) the sellers and buyers are applying because the hardship has to apply to the property itself
Rick Keefer asked if the Board imposed conditions on the use variance would they apply to the business itself and not to the additional lots. Attorney Wright said the Board could impose conditions that apply to the buildings as currently situated, so if they wanted to develop the vacant residential property they would need to come back for an additional use variance. Mr. Spoto said it would be almost impossible to build on but if the Romans’ wanted to put a parking lot on it he agreed they would have to come back to the Town for approval.
Mr. Cline, previous owner, said he put 5 trucks in the garage when he had the property. Mr. Cline said he had a full retail business and never had complaints from the neighbors.
Kathy Hedstrand said the drawing shows two businesses and she had a concern there would be a month that the two businesses would be in the building and also the Owens might have some storage in the back.
Randy Woodbury said that he would make the determination that if there were going to be two businesses they would require two use variances but the previous owner could rent the building from the Romans’ before they moved in.
Randy said he wanted Mr. Roman to be aware that the conversion would be allowed but the State code requires engineering plans for the residence on the west side. There would be a building permit and inspection process for that.
The applicant took time to fill out the SEQR form that is required.
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PAGE TWELVE
The Board discussed the conditions they might impose on the applicant noting:
1) any trucks would be kept inside
2) the hours of operation would be 8:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 12:00 PM on Saturdays for both the cleaning service and the retail sales
3) the variance that would be approved would apply only to the footprint of the business as it is now – the back parcels would remain green
4) Southshore Mechanical would be out within thirty days after closing
The applicant agreed to
these conditions. Mr. Wright explained that this use variance applies only to
this property for this use.
The Board reviewed the short form EAF. Attorney Wright stated this action does not exceed any type I thresholds in 6 NYCCR, Part 617.4 and will not receive coordinated review.
The Board continued with Part II C of the EAF noting:
1) the cleaning chemicals used are approved and tested and safe for all sewer and septic
systems
2) there will be no change in the footprint of the building
3) there was no change in the intensity of use of land or natural resources addressed on the application
The Board determined this project would not have any impact on the environmental characteristics that would cause the establishment of a critical environmental area.
Motion made by Pat Martonis,
seconded by John Merchant making a determination that this project will not
result in any significant adverse environmental impacts and authorizing
Chairman Hoglin to sign the EAF on behalf of the Zoning Board.
Carried. Ayes-7 Noes-0 Absent-0
Motion made by Pat Martonis,
seconded by Dave Remington to approve the use variance for Southshore Mechanical
and Royne and Edna Roman at 119 Hunt Rd., W.E., Jamestown, NY to conduct a
cleaning business and to convert the unfinished western side of the first floor
into a five room apartment with the four conditions as stated and agreed to in
the record.
Carried. Ayes-7 Noes-0 Absent-0
Motion made by Ang Cimo,
seconded by Kathy Hedstrand to adjourn the meeting at 10:20 PM.
Carried. Ayes-7 Noes-0 Absent-0
______________________________________
Valerie Pierce, Secretary