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 NOVEMBER
24, 2003 AT 7:30 P.M.
PRESENT: Chairman Al Suchar, David
Remington, Kevin Saff, John Merchant, Steve Hoglin,
Angelo Cimo, Attorney William Wright and Code Enforcement Officer Randy
Woodbury
ABSENT: Pat Martonis
Chairman Suchar called the meeting to order at 7:30
P.M. Secretary Pierce called the roll.
Chairman Suchar reopened
the public hearing for Mark and Leslie Ferraro
(Jamestown DairyQueen) 870 Fairmount Ave., Jamestown, NY for a use variance for
a wall sign and area variances for signs and setbacks.
Mr. Woodbury told the
Board members that he had received a call from Mr. Ferraro and he had some
health problems and asked this be carried to the December meeting.
Attorney Wright told the
Board members this was already tabled and as long as Mr. Ferraro kept the Town
informed and he wanted to appear they could carry it until the next meeting.
Chairman
Suchar reopened the public hearing for Dr. Bill Toms and Dr. Richard
Lisaciandro (Jamestown Pediatrics) for a setback variance for a parking lot at
816 Fairmount Ave., W.E., Jamestown , NY.
Attorney Charles
Hall and Dr. Bill Toms had been previously sworn in. Mr. Hall said Dr. Toms and Dr. Lisciandro
were asking for a variance to have the northerly boundary be 8 feet from the
property line and the westerly boundary be 2 ½ feet from the property line so new
parking can be constructed. He told the
Board members the Planning Board had agreed to allow the cutting of the trees
with the understanding if the Zoning Board does not approve the variances there
will be a replanting in that area.
Brian Pound,
engineer for the project was sworn in. Mr.
Suchar asked him to review the plans for the Board. Mr. Pound explained the buffers. Discussion followed on the plans
and Ang Cimo asked how many parking spaces they were adding. The plans show 30 spaces. Mr. Suchar asked Dr. Toms how many spaces
minimum they needed. Dr. Toms said they
need at least 18 more.
NOVEMBER 24,
2003
PAGE TWO
Attorney Wright stated Mr.
and Mrs. Giabelluca had concerns with the water. He said the drainage was addressed in the plans. Randy Woodbury
told the Board the Town Engineer and Highway Superintendent agreed to replace
the culvert pipe and the driveway and told him the detention under the parking
lot would improve the drainage.
Mr. Woodbury also told the
Board members if there is no parking on site people will find a place to park
that will be more dangerous. He said the Giabellucas were comfortable with the
plans. The applicant might want to consider minimizing the variance along the
west side.
Kevin Saff asked what the
exact variance would be and about the green space. The northerly boundary would be from 25 feet down to 8 feet or a
17-foot variance and the westerly boundary would be from 25 feet down to 2 ½ feet
or a 22 ½- foot variance
Mr. Suchar asked the hours
of operation and if they have considered off site parking. Dr. Toms told the
Board the office was open from 9:00 AM till 5:00 PM Monday through Friday and
Saturdays from 9:00 AM till 2:00 PM.
They have considered longer hours and off site parking possibly at the
Am Vets or the parking lot in Celoron. They have not yet talked to anyone about
the off site parking.
John Merchant asked about
future growth and if they will have adequate parking. Dr. Toms said the building was at its capacity now and cannot
grow any more.
Mr. Woodbury reminded the
Board they will be getting a visual buffer in the rear and maybe could get some
buffer on the side. Mr. Suchar asked if
the applicant would be willing to drop some of the parking spaces. Mr. Pound said maybe one or two and that
each space would give them 14 feet.
Attorney Wright reviewed
section 146-24 of the code and stated three variances were needed. Under
section 146-24 F they need a variance on the north side from 25 feet down to 8
feet and on the west side from 25 feet to 2 ½ feet. Under section 146-24 C there is a buffer requirement of 20 feet.
Mr. Wright also reviewed the criteria for an area variance. Under Section 267-3
C of Town Law it states the Zoning Board shall grant the minimum variance
possible.
Dave Remington stated he
had no problem with the northerly boundary and would not have a problem with
the west side if the applicant would drop two parking spaces. Attorney Wright told the Board members they
cannot pose that as a condition but if the applicant was willing to submit that
variance the Board could consider it. Discussion followed on the applicant
removing some of the parking spaces.
Mr. Wright said as an individual lot line set back this would be
exempt from SEQR.
Chairman Suchar had
problems with several of the criteria. He thought there might be another method
to accomplish this such as alternate parking, this variance is substantial and
was self-created.
NOVEMBER 24,
2003
PAGE THREE
Attorney Wright suggested
the Board look at these variances separately.
Motion made by
Kevin Saff, seconded by John Merchant to grant the area variance for Jamestown
Pediatrics at 816 Fairmount Ave., WE, Jamestown, NY for a 17 foot variance for
an 8 foot northerly setback for a parking area and grant a 12 foot buffer zone
variance to create an 8 foot buffer for the planting of shrubs.
Carried. Ayes-6 Noes-0 Absent-1
Attorney Wright asked the
applicant if they wanted to change their request for the west line
variance. Mr. Hall said his client
wanted the Board to vote on the application as presented.
Motion made by
Steve Hoglin, seconded by Dave Remington to deny the application of Jamestown
Pediatrics, 816 Fairmount Ave., W. E., Jamestown, NY 14701 for the variance on
the west side because it is extremely excessive.
Carried. Ayes-5 Noes-1 (Saff) Absent-1
Mr. Disbro showed the Board some plans and photos of the property. He told them on the original plans of the house they had an attached garage but decided to build an unattached 2-car garage. Now they want to add the attached 26’ x 32’ 1-car garage. The garage will have a concrete foundation and the siding will match the house and existing garage. This property is zoned Ag-Residential.
Mr. Suchar told Mr. Disbro that usually applicants provided a detailed drawing showing the property. Mr. Disbro did not have a detailed drawing or any photos of a similar garage. Attorney Wright asked Mr. Disbro the dimensions of his property and how close he would be to the nearest neighbor. Mr. Disbro stated he had 2.1 acres and the nearest house would be 60 to 70 feet from his structures.
Chairman Suchar read into record a note from Ron and Yvonne Brake, 2747 Tompkins Rd., Jamestown, NY in support of this project. They stated it would be a plus for the neighborhood.
Attorney Wright addressed section 146-13, 146-7 and 146-5 of the Town of Ellicott Code pertaining to this structure. He stated this is exempt from SEQR as an accessory structure to a residential structure.
Mr. Suchar reviewed the criteria for an area variance and noted:
1) There will be no undesirable change to the neighborhood. Mr. Disbro has adequate land.
2) There is no other method to achieve this
3) The variance is not substantial.
4) There will be no adverse effects from this project.
5) This is possibly self-created.
ZONING BOARD OF APPEALS
NOVEMBER 24, 2003
PAGE FOUR
Dave Remington made a
motion, seconded by Steve Hoglin to approve the area variance for William
Disbro for a second 1-car attached garage at 2714 Tompkins Road, Jamestown, NY.
Carried. Ayes-6 Noes-0 Absent-1
Mr. Woodbury told the Board members that Mr. Hall had additional information and asked for reconsideration. The applicant would be willing to give up a parking space on the westerly side. Mr. Pound was redrawing the plans with the addition of two arborvitae trees and removing the one parking space.
Mr. Suchar explained that the Board could not reconsider this application at this time because they had already voted. The option was there before the vote but the applicant wanted to carry through with the variance as presented. They would have to come back before the Board with a new application and drawings.
Chairman Suchar asked the Board to elect a new Chairman since he will be retiring from the Zoning Board as of December 31, 2003.
Dave Remington nominated
Steve Hoglin as the new Chairman of the Zoning Board. Kevin Saff seconded.
Carried. Ayes-6 Noes-0
Absent-1
Kevin Saff nominated Dave
Remington as the vice chairman of the Zoning Board. John Merchant seconded.
Carried. Ayes-6 Noes-0 Absent-1
Motion made by Steve Hoglin,
seconded by John Merchant to adjourn the meeting at 8:40 PM.
Carried. Ayes-6 Noes-0 Absent-1
_________________________________________
Valerie Pierce, Secretary