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
NOVEMBER 5, 2001 AT 7:30 P.M.
PRESENT: Chairman Al Suchar, John
Leamon, Dave Remington, Bob Thomas, Attorney William
Wright and Code Enforcement Officer Randy Woodbury
ABSENT: Kevin Saff, John Merchant and Steve Hoglin
Chairman Al Suchar called the meeting to order at
7:30 P.M.
Attorney John
Vanstrom asked the Board to table 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 December meeting.
Kevin Saff
entered the meeting at 7:33 P.M.
The applicant presented a
letter from Gene Cotter, Cotter Appraisal Service,
stating the site is not suitable for agricultural or residential use and the
current use is in keeping with the zoning designation. The equipment being
stored on the property is farm and garden related.
Steve Hoglin
entered the meeting at 7:36 P.M.
Attorney Wright asked when
they had retained Mr. Cotter’s services. Mr. Vanstrom said they had started
discussions with Mr. Cotter about two
weeks ago but needed more time to get more information from Mr. Cotter to meet
the criteria.
Mr. Tedesco addressed
the Board and explained that this property is used mainly for the storage of
off-season equipment. When the property was first purchased they bought it with
the intension of using it for agricultural and found the soil was not conducive
for that purpose. He stated that they did
not know if they wanted to meet the criteria for the special use or
store only equipment that would be considered agricultural.
Attorney Wright explained
to the applicant and his attorney they would have to decide which direction
they wanted to pursue. He told Mr. Tedesco it would be helpful if he could
attend the December meeting.
Motion made by
Bob Thomas, seconded by Steve Hoglin to table the public hearing for Anthony
Tedesco until the December 3, 2001 meeting.
Carried. Ayes-6 Noes-0 Absent- 1
Chairman
Suchar read into the record a letter from Georgene Mack, Program Coordinator
for the United Cerebral Palsy Association withdrawing their application for a
second shed on their property at 30 Canterbury Road.
ZONING BOARD
OF APPEALS
NOVEMBER 5,
2001
PAGE TWO
Mr. Woodbury informed the
Board members that the representatives from the UCP home and the neighbors met
with him and the meeting was productive.
Mr. Moon explained to the Board that the 15’ x 6’ permanent structure will be over the sidewalk and about three feet beyond the allowed set back.
Mr.
Woodbury said that it will help with the safety issue and does not obstruct the
view.
Attorney
Wright stated that this application is exempt from SEQRA as a Type II action.
Motion
made by Steve Hoglin, seconded by Dave Remington to approve the area variance
for Richard Moon for the gable overhang not to exceed three feet at 857
Fairmount Avenue, W.E., Jamestown, NY.
Carried. Ayes-6 Noes-0 Absent-1
Chairman Suchar opened the public hearing for James
and Elizabeth Greenawalt, 2110 Buffalo Street Ext., Jamestown, NY for a special
use permit to construct a pole structure garage in a residential zone.
Mrs. Greenawalt told the Board members they were building a
24’ X 32’ garage that would be vinyl sided and has one 16’ door. She stated that this would be an improvement
to the property. They would be storing
only personal vehicles and property.
Mr. Woodbury informed the Board that he had issued a
permit for the garage and The Greenawalts decided to have a pole structure
foundation. They need a special use permit because it is in a residential zone.
He explained to Mrs. Greenawalt that if the variance were approved he would
give her a letter modifying the building permit he had issued.
Attorney Wright reviewed section 146-72B and 146-64
of the code with the Board members. He
stated this is exempt from SEQRA review as an accessory building less than 4000
square feet.
Motion made by Steve Hoglin, seconded by Bob Thomas
to approve the special use permit for James and Elizabeth Greenawalt for the
construction of a pole structure garage at 2110 Buffalo Street Ext., Jamestown,
NY and waive the two-year renewal.
Carried. Ayes-6 Noes-0 Absent-1
ZONING BOARD OF APPEALS
NOVEMBER 5, 2001
PAGE THREE
Motion made by
Bob Thomas, seconded by Dave Remington to approve the minutes of the October 1,
2001 meeting.
Carried. Ayes-6 Noes-0 Absent-1
Motion made by
Bob Thomas, seconded by Dave Remington to adjourn the meeting at 8:03 P.M.
Carried. Ayes-6 Noes-0 Absent-1
____________________________________________
Valerie Pierce, Secretary