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 OCTOBER 1,
2001 AT 7:30 P.M.
PRESENT: Chairman Al Suchar, David
Remington, John Merchant, Steve Hoglin, Attorney William
Wright and Code Enforcement Officer Randy Woodbury
ABSENT: John Leamon, Bob Thomas and Kevin Saff
Chairman Al Suchar called the meeting to order at
7:30 P.M.
Attorney John
Vanstrom asked the Board to adjourn the public hearing for Anthony Tedesco for
his variance to store vehicles and equipment used for his landscaping business
at 3576 Baker Street, Jamestown, NY until the November meeting. The applicant
needs time to get some appraisals and financial information together.
Motion made by
Steve Hoglin, seconded by John Merchant to table the public hearing for Anthony
Tedesco until the November 5, 2001 meeting.
Carried. Ayes-4 Noes-0 Absent-3
David
Bartkowiak, 2575 Palm Rd., Jamestown, NY had appeared at the September meeting to appeal the Code Enforcement Officers’
determination that a HAM radio tower was not a customary use in an
Ag-Residential zone. Mr. Woodbury was
not at that meeting and the Board wanted to hear from Mr. Woodbury before they
made any determination.
Mr. Woodbury explained his reasons for the decision
but said that he did not have any history or information on HAM radio towers.
He explained that he strictly enforces the code and this seemed to be a gray
area that should come before the Zoning Board.
Mr. Bartkowiak had given the Board information at
the last meeting and provided additional information on the number of amateur
operators there are in the 14701 area code (114) and stated there are 24 in the
Town of Ellicott. Four of those have towers on their property. They are on Eckman Rd., Johnson Rd., Horton
Rd. and Swanson Rd. Mr. Bartkowiak was not sure how long they have had the
towers but thought it was less than nine years. He did not know if the others had permits.
Mr. Woodbury said he was aware of the other towers
but was not sure of what was on the existing towers or when the towers went
in.
The Board members had questions on the type of tower
and Mr. Bartkowiak stated this would be a 75 foot guide tower and would sit
back about 300 feet from the road. Al
Suchar asked the cost of the tower and Mr. Bartkowiak estimated the cost at
approximately $1100. 00. He stated that
the tower had been used as a TV tower and was given to him.
OCTOBER 1,
2001
PAGE TWO
Attorney Wright explained to the Board members that
they must make a determination of use.
Mr. Bartkowiak will not need any other permit except for the building
permit if the Board determines this is a customary use.
Vicky
Matteson, 2583 Palm Rd., Jamestown, NY, stated she had no objections to the tower. Because of the lay of the land it would set
down on Mr. Bartkowiak's property. She
stated this is certainly a community service and would be a benefit to the
area.
Mr. Bartkowiak reminded the Board of the statement
from the Federal Communications Commission that was issued stating reasonable
accommodation should be given by the local zoning boards for amateur HAM
operators for their towers.
Discussion followed on any alternative procedure to
approve this tower. The Board did not
want to set any standards for future towers by determining this is a customary
use. The Board members and Attorney
Wright decided that this determination would be for this tower only and Mr.
Woodbury agreed he would have any future applicant come before the Zoning
Board.
Attorney
Wright stated this project is exempt from SEQRA review.
Motion made by
John Merchant, seconded by Dave Remington to overturn the Code Enforcement
Officer’s decision and find that Mr. Bartkowiak’s 75-foot Ham radio tower on
property at 2575 Palm Rd., Jamestown, NY is a customary use.
Carried. Ayes-4 Noes-0 Absent-3
Chairman
Suchar opened the public hearing for Dale Marshall, 3446 Old Fluvanna Rd.,
Jamestown, NY for special use permit for a pole structure garage in a
residential zone.
Mr. Marshall reviewed the plans for the Board
members. He explained the garage would
be 30 feet by 55 feet. It will have 4 bays and will be vinyl sided to match the
house. It will be used only for
personal storage of motor vehicles and a boat.
Mr. Woodbury stated it meets all the other building
codes but needs the special use permit because it is a pole structure and this
is a residential zone.
Attorney Wright reviewed sections 146-72B and 146-64
of the code. There was a discussion on
if Mr. Marshall would need an area variance since the code only permits a
garage for three motor vehicles. Mr.
Marshall explained the garage has only two doors and is oversized because of
the size of the vehicles. They will
store only two vehicles and a boat in the garage.
Mr. Woodbury stated there were no dimensions set in
the code. The Board members were in agreement that this garage would not be
considered more than a three car garage and would not need a variance.
OCTOBER 1,
2001
PAGE THREE
Attorney Wright stated this project would not require
SEQRA review as an accessory building less than 4000 square feet. No neighbors
appeared for this public hearing and notices had been sent.
Motion made by
John Merchant, seconded by Steve Hoglin to approve the special use permit for
Dale Marshall to construct a pole structure garage at 3446 Old Fluvanna Rd.,
Jamestown, NY and waive the two-year renewal.
Carried. Ayes-4 Noes-0 Absent-3
Chairman
Suchar opened the public hearing for Mary Lou Kaufman for a special use permit
to operate a mail order business out of her home at 462 Fairmount Ave., W.E.,
Jamestown, NY.
Ms. Kaufman
briefed the Board members on the operation of the business she wanted to
conduct from her home. She would be making baskets
and mailing them to customers. There
would be no other employees and no traffic except the UPS or Federal Express
trucks for deliveries.
The Board had questions on the amount of space she
would use for her business. Ms. Kaufman
stated her house is approximately 3500 square feet and she would be using about
200 square feet for the business.
Attorney Wright reviewed sections 146-9C, 146-5,
146-71C and 146-64 of the code with the Board.
Ms. Kaufman stated the hours of operation would be 8:00 AM to 5:00 PM.
Mr. Wright told Ms. Kaufman she would be allowed a two square foot sign.
Attorney Wright stated this project was subjected to
SEQRA review. He said it did not exceed
any Type I threshold in 6NYCRR Part 617.4 and would not receive coordinated
review.
The Board continued with Part IIC noting the
neighbors had been notified but no one appeared.
Motion made by
Dave Remington, seconded by Steve Hoglin making the determination that this
proposed project would not have any adverse environmental impacts and have
Chairman Suchar sign on behalf of the Zoning Board.
Carried. Ayes-4 Noes-0 Absent-3
Motion made by
Dave Remington, seconded by John Merchant to approve the special use permit for
Mary Lou Kaufman for a home occupation in her home at 462 Fairmount Ave., W.E.,
Jamestown, NY.
Carried. Ayes-4 Noes-0 Absent-3
Attorney
Wright reminded Ms. Kaufman this permit is renewable every two years.
ZONING BOARD
OF APPEALS
OCTOBER 1,
2001
PAGE FOUR
Chairman
Suchar opened the public hearing for United Cerebral Palsy Association for a
variance to construct a second shed on their property at 30 Canterbury Rd.,
Jamestown, NY.
Rev. Daniel
Nicholas, Pastor of the Zion Covenant Church, Peter Burn, Councilman at the
Church, and Georgene Mack, Director of the United Cerebral Palsy Association
addressed the Board.
Rev. Nicholas explained to the Board members that
the Church is helping with the shed and that they did not realize they needed a
variance or the permit they had was for only the first shed.
Mr. Burn stated the shed would be approximately 10
feet X 12 feet and would be finished to match the house and other shed. The first shed is about 8 feet X 10
feet. They provided photos showing what
the finished shed would look like.
Mr. Woodbury told the Board that he thought that
there had been a misunderstanding when he issued the permit for the first shed
and did not feel he had all the information.
Attorney Wright reviewed section 146-7 of the code
that states they are allowed a shed not sheds. They are required to get a
variance for any additional shed.
George
Griffin, 15 Canterbury Rd., W.E., Jamestown, NY, stated he is the chairman of
the neighborhood committee and listed their concerns.
1)
placement
of the shed – would like to see it in the back of the property hidden by trees
or shrubs
2)
need
for the second shed
3)
number
of vehicles parked on the property
4)
occupancy
in the home - more than the number they had been told
Attorney Wright swore in anyone that had not been
sworn in at the beginning of the meeting.
Jay Stoddard,
7 Canterbury Rd., W.E., Jamestown, NY, had concerns with the noise in the neighborhood.
Ms. Mack
stated that
they did not know there was a neighborhood committee and had not heard their
concerns. She explained that they had
put the first shed in because the neighbors had requested they put the garbage
in a covered shed. They had wanted to
place the shed in the back where the trees and shrubs were but could not
because of the setbacks in the code.
They need the second shed for storage of adaptive bikes, mowers and
other things they need to get out of the yard. She explained to the Board that
they have extra vans and school buses that come and pick up the residents but
they are not their vehicles.
OCTOBER 1,
2001
PAGE FIVE
Marcia
Stoddard asked
if they could use the basement for storage.
Ms. Mack said they could not get the bikes down in the basement.
Mr. Griffin asked if the shed placement could be
changed. Mr. Woodbury stated that they
could get an area variance if they wanted to change the location. The neighbors would like the shed or sheds
to be less noticeable.
Attorney Wright reviewed the code and criteria for
an area variance. The criteria that need to be met are:
1)
the
project does not create an undesirable change to the character of the
neighborhood
2)
benefit
can be achieved by some other method
3)
the
area variance is not substantial
4)
it
will not have an adverse affect on the neighborhood
5)
it
is not self-created
After discussion the Board suggested that the
neighbors and applicant meet. Mr.
Woodbury offered to meet with them and help in any way he could.
Kenneth Geiger
addressed the Board. His son is a resident of the home. He is concerned that several issues
that did not pertain to this project were being discussed. He did not think
that the Board should be considering anything except the additional shed.
Attorney Wright assured Mr. Geiger that the Board
often hears things that do not pertain to current projects but know how to sort
out what they do not need to make their decision.
Pastor Nicholas asked the attorney to define
detriment. Attorney Wright explained
that it is determined on a case to case basis if the project causes a detriment
to the neighborhood.
Chairman Suchar polled the Board for their
comments. They were in agreement that
the neighbors and applicant should meet with the help of Mr. Woodbury and see
if they can come to some sort of agreement and bring it back to the Board next
month. Attorney Wright stated that the applicant has to ask for an adjournment.
After a brief discussion Ms. Mack asked the Board to
table this application until the November meeting.
Motion made by
Steve Hoglin, seconded by John Merchant to table
this application for United Cerebral Palsy Association until the November 5,
2001 meeting.
Carried. Ayes-4 Noes-0 Absent-3
ZONING BOARD
OF APPEALS
OCTOBER 1,
2001
PAGE SIX
Motion made by
Steve Hoglin, seconded by John Merchant to approve the minutes of the September
10, 2001 meeting.
Carried. Ayes-4 Noes-0 Absent-3
Motion made by
Steve Hoglin, seconded by Dave Remington to adjourn the meeting at 9:20 P.M.
Carried. Ayes-4 Noes-0 Absent-3
____________________________________________
Valerie Pierce, Secretary