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
28, 2005 AT 7:30 P.M.
PRESENT: Chairman
Steve Hoglin, Dave Remington, Angelo Cimo, Patricia
Martonis, Rick Keefer, Kathy Hedstrand, Attorney William Wright, Code
Enforcement Officer Randy Woodbury and Secretary Valerie Pierce.
ABSENT: John Merchant
Motion made
Rick Keefer, seconded by Dave Remington to approve the minutes of the September
26, 2005 meeting
Carried. Ayes-6 Noes-0 Absent-1
Attorney
Wright swore in everyone that would be giving testimony at this public hearing.
Chairman
Hoglin reopened the public hearing for the Chautauqua Watershed Conservancy for
a special use permit for a park on Fluvanna Avenue Ext., Jamestown, NY.
Randy Woodbury gave the
Board an update on the project. He
stated the County Planning Board has to review the project and Mr. Jablonski is
preparing a package to take to the County Planning Board. They think the entire
Board should meet on this issue and the Town would be represented as well. Issues such as hunting on the property,
which was brought up at the Town of Ellicott Planning Board would be made clear
to the County Planning Board to get their feedback.
Pat Martonis told the
Board she had contacted State Parks and talked to their lawyer. He suggested several things and told her
there is certain acreage that they suggest per hunter in a park. She has other information that she will
bring in for the Board to look at. She said the thing that concerned her was that
most instances require the municipality obtain legislation authorization in
order alienate parkland not found in the statue. The basic principal for parkland alienation is founded in case
law or common law. The courts have consistently held that once the land has
been dedicated as a park it cannot be diverted for other uses without
legislative approval. Pats interpretation was that once they designate a park
it would stay a park. Randy asked if he
could pass a copy of the information on to the County Planning Board.
Rick Keefer spoke to
Laurie Heithoff, AIPC Land Use Training Manager with NYS Department of State,
who was at the Planning and Zoning Conference.
Her opinion was that the Zoning Board should not be involved with
decision. If there is not a section in
the Town code that restricts the use it should be left up to the Town Council.
He also spoke to Harry Willis, Attorney with the NYS Department of State, who
told him designating parkland would not be a concern of the Zoning Board.
Attorney Wright said they
do need to have further discussion as to whether they are going to treat they
this under the code as a park and give it process or determine it is not
treated under the Town code and therefore gets no process and is prohibited.
NOVEMBER 26,
2005
PAGE TWO
Chairman
Hoglin opened the public hearing for Russell Cusimano, 1993 Willard St., Ext.,
Jamestown, NY for a second garage.
1)
he
has nine acres of land
2)
he
needs this garage for storage for antique vehicles that are now being stored at
his garage (Superior Automotives in Falconer)
3)
it
will be back form the road and will probably not be seen
4)
the
garage will be approximately 40 by 100
5)
is
should cut down on some of the noise from the motor cross track behind his
house
6)
his
property is zoned residential
7)
he
would not do any mechanical work in this garage
8)
he
would not be renting out storage space
Mr.
Cusimano did not have a map or sketch of the property or proposed garage.
Kathy Hedstrand said it would be helpful to have
some sort of a plan or photo so the Board could see where the structure would
be.
George Erickson, Willard St., Ext., Jamestown, NY, said he is familiar with Mr.
Cusimanos house and the barn behind
his house. He has concerns with the
kind and size of the building and if it will be turned into a business later.
Attorney Wright made a suggestion to the Board. This is two areas variances under the Town
code, one for a second garage and one for the size of the building. Mr.
Cusimano did not bring anything to the Board and they need to make a
determination on:
1)
whether
the garage will produce an undesirable change in the neighborhood
2)
whether
it will cause a detriment to nearby properties
3)
whether
the requested area variance is
substantial
4)
whether
proposed project will have an adverse impact on the physical or environmental
conditions of the neighborhood
5)
whether
the alleged difficulty is self-created
The Board will need to see:
1)
a
survey map of the property showing the size and boundaries of his property and
showing where the neighbors properties are in relationship to it
2)
the
building on the plans to scale type and design of the building driveways
shown
Mr. Cusimano asked the Board to table his
application in order to bring the items the Board requires.
NOVEMBER 28, 2005
PAGE THREE
Motion made by Pat Martonis, seconded by Ang Cimo to
table the application for Russell P. Cusimano, 1993 Willard St. Est.,
Jamestown, NY by request of Mr. Cusimano and the need for further information.
Carried. Ayes-6 Noes-0 Absent-1
Chairman Hoglin asked if there were any additional
concerns of the neighbors that the additional information the Board asked for
would not satisfy.
Irving Nelson, Buffalo St. Ext., Jamestown, NY had concerns about a
building the size Mr. Cusimano wants to build. They do not want it to be turned
into a commercial building. There has been a big investment of new houses in
the area and they do not want to see something built that would prevent anyone
from wanting to buy in the area.
Mr. Hoglin told the neighbors that commercial use is
highly regulate and commercial use is not permitted in this area because it is
residential. The Board cannot make the
assumption that because this is a big building it would have a commercial
purpose.
Attorney Wright told Mr. Cusimano that when he is
putting together his plans he should consider the size of the building because
one of the things this Board is required to do is make sure they have granted
the minimum possible variance in order to accomplish his use. He needs to bring
the minimum building possible before the Board.
Kathy Hedstrand asked if Mr. Cusimano planned to
sell any of the antique cars from this property. Mr. Cusimano stated he has not sold any of the cars in fifteen
years and has no plans to sell any.
Mr. Erickson asked if the neighbors would receive
notice of the next meeting. The next
meeting might change because of the holiday so they could call to Town Clerks
Office and find out if this will be on the agenda and when the next meeting
will be scheduled.
Chairman Hoglin opened the public hearing for
Nicholas Ferreri, 560 Fairmount Ave., W.E., Jamestown, NY for a variance for a
garage for a residential facility to be 1250 SF instead of 1000 SF.
David Stapleton, Attorney representing Mr. Ferreri,
told the Board members the correct size of the garage will be 1280 SF.
Brad Lawson, operating manager for Tanglewood Manor,
presented a
copy of the site plans. The Planning Board previously approved the plans with
the condition that if there were anything within the plans that requires Zoning
Board approval they would come back to the Zoning Board. They did not
NOVEMBER 28, 2005
PAGE FOUR
realize there is a definition within the code that
calls for a limitation of 1000 SF for a garage structure in a residential
zone. They are requesting a variance
for 280 SF.
The garage
will be right behind Tanglewood Manor. It will be 96 feet from the easterly
property line and there is an approximate setback from the west property line
(Gifford Avenue) of 400 feet. From the
north property line there is 400 feet and it is 350 feet from the south
property line (Fairmount Avenue), which makes it 90 feet from the existing
Tanglewood Manor building.
Brad Lawson described the building:
1)
it
will be a single story pole barn structure
2)
this
property is over 12 acres (500,000 SF) and theyare looking for a variance of
280 SF
3)
the
driveway will come from the parking lot on the north side
4)
it
will have a grate drain in the center of the building with radiant heat in the
floors
5)
there
will be a restroom in one area
6)
there
will be only man door lighting and a
light on the front by the doors
7)
the
doors will be 10 X 10 and 10 x 12
8)
there
will be 14 feet to the eves and the pitch of the roof will be 5 feet
9)
it
will be vinyl sided and will be similar to the Memory Gardens building
10)
the
floor drain is incorporated into the storm water plan they would have it
drain into the sanitary sewer if they could they will contact South and
Center Sewer District they will decide if they need an oil separator
This building is needed to provide shelter for the
vehicles (golf carts) that will be used to support the activities of Tanglewood
Manor and the two vans they will have to transport the clients of the daycare
center. It will not be used as a
mechanical shop.
Attorney Wright said the Planning Board had approved
the site plan and in doing so noted that this building and a pavilion building
had not received Zoning Board approval.
They left it up to the building inspector to make a determination as to
whether additional process was needed.
Mr. Woodbury did determine additional process was needed for the size of
this building and the Planning Board did approve the site plan contingent on
the approval of the Zoning Board.
Randy Woodbury said his decision was based on this
site being residential. By right they
can have one 1000 SF garage.
Attorney Wright said they looking for one area
variance for 280 SF. He reviewed the
area variance criteria in 267B of the Town Law. This application had been published and the neighbors had been
notified. Mr. Woodbury said one
neighbor had called and did not have any problem with this variance.
Attorney Wright stated that this project is exempt
from SEQR as a type II action.
Motion made by Dave Remington, seconded by Kathy
Hedstrand to approve the application of Nicholas Ferreri, 560 Fairmount Ave.,
W.E., Jamestown, NY for a variance for a 1280 SF garage.
ZONING BOARD OF APPEALS
NOVEMBER 28, 2005
PAGE FIVE
Carried.
Ayes- 6 Noes 0 Absent 1
Chairman Hoglin reopened the public hearing for
Fluvanna Fire Department for a special use permit for a fire station ( Fluvanna
Station #2) at 3496 Stubb Road.
Dick Sedlack, chairman of the building committee,
said they needed to build a new fire station because the present station is deteriorating
and they cannot put any more or heavier equipment in the old station. Because of the rezoning of Route 60 to Commercial
they are going to need more and heavier equipment. They bought 2.2 acres from the County on Turner
(Stubb) Road and they were able to negotiate with the FFA.
Mr. Sedlack told the Board the building would:
1)
be
58 x 80 building with two drive-thru bays
2)
have
two 14 foot doors on either end
3)
have
taken into consideration the wind and snow
4)
be
a two story block building
5)
have
one portion of the second floor as a day room with a kitchen and a game room
6)
have
the handicapped restrooms, a radio room and a storage room on the first floor
7)
have
a fire wall will be between the truck bay all the way up to the ceiling
8)
have
radiant heat or force air heat
9)
have
two driveways approximately 30 to 40 wide on the north and south side of the
building
10)
be
parking for the fire fighters
11)
need
an area for staging in case of an emergency
They are asking for a 30-foot setback instead of the
required 50-foot that would move them 20 feet closer to the road.
Pat Martonis asked how the Ag Center felt about this
project. Mr. Sedlack said the Ag Center
as well as the whole industrial area is in favor.
Dave Remington asked why they need the setback. Mr. Sedlack told the Board they needed to
park additional vehicles around the back and the sides of the building. They
need more room in the back for the large vehicles and will also comply with the
FAA building restriction line. They have no intention of using this station for
any public events and the FAA restricts them from using this building for pubic
events such as weddings or bingo. They
will continue to use the station on Fluvanna Avenue for that. Mr. Sedlack said they have City of Jamestown
water and sewer. They are not sure if
they will leave the siren on the old station or not because they all have
radios.
Mr. Woodbury stated this is an industrial park
district.
Attorney Wright said they are dealing with both a
special use permit and an area variance for a setback.
NOVEMBER 28, 2005
PAGE SIX
He reviewed section 146-44 of the code. Mr. Sedlack
said the 50-foot setback is from the center of the light pole, which is about
20 feet from the road. Randy said Turner road is a 49.5 feet right of way and
so roughly 25 feet from the centerline will be the highway boundary. Attorney
Wright stated the 50 feet goes from the edge of the road right of way to either
the deeded line or the reserved right of way line so that would not be an
issue.
Mr. Wright reviewed the criteria for the granting of
an area variance in 267 B of the Town Law.
The applicant stated the reason for being up closer to the road is
topography and the increase in the amount of fill that would be required in
order to set the building back further.
Mr. Sedlack said there would be no building to the south of their lot
because of the no build zone and that will be enviably green and there is not
enough land between them and the Ag Center for anyone to build. There are height restrictions and the County
owns some air space right-of-ways.
Attorney Wright reviewed the code and said he fire
department is a use that is permitted by special use permit in a residential
zones and therefore steps up all the way to be a special use permit in the
industrial district as well. Section
146-64 requires the Board makes a determination that the nature and intensity
of the operation will be in harmony with the district. They have to make a determination this
building will not impair the value of other properties and the use in the
building will not be more objectionable to nearby properties than would be the
operation of any permitted use. Because
the Board is looking at an industrial park district they have a lot of
digression because they are trying to make a determination as to whether this
use would be in harmony with an industrial park district.
The Town received a letter from Donald Pangborn,
a property owner that boarders the site of the new station, that listed his
concerns, which were:
1)
the
drainage onto his property
2)
the
water well drawing down on his well
3)
the
position of the siren
Mr. Hoglin received a call at home from Maynard
Cotter, owner of Producto. He had some questions and when Steve explained
it to him he was in favor of the fire department building the station.
Randy said he just appeared before the Airport
Commission and got permission. The
County owned lands around the airport not only have to have process through the
Town but also process through the County Airport Commission. The Commission thought this was a good
location for the fire station.
This needs to be referred to the County Planning and
Attorney Wright stated the Board could not act without the County
approval. Mr. Wright stated the setback
variance is exempt from SEQR as a Type II action but the special use permit
needs SEQR review.
Mr. Woodbury will send these plans to County
Planning. This Board has everything it
needs from the applicant. The Town will
notify Mr. Sedlack.
PAGE
SEVEN
Motion
made by Pat Martonis, seconded by Dave Remington to table the setback variance
and the special use permit for the Fluvanna Fire Department at 3496 Stubb Road
application until the next meeting in order to get the approval from the County
Planning Board.
Carried. Ayes- 6 Noes 0 Absent
- 1
Discussion
followed in the date of the next meeting.
Because of the holidays the Board agreed to meet on January 9, 2006
at 7:30 PM.
Motion made by Pat Martonis, seconded by Dave
Remington to adjourn the meeting at 9:10 PM.
Carried. Ayes-6 Noes-0 Absent-1
______________________________________
Valerie Pierce, Secretary