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 JANUARY 26,
2004 AT 7:30 P.M.
PRESENT: Chairman Steve Hoglin, David
Remington, Kevin Saff, John Merchant, Pat Martonis
Rick Keefer, Attorney William Wright and Code Enforcement Officer Randy
Woodbury
ABSENT: Ang Cimo
Chairman Hoglin called the meeting to order at 7:30
P.M. Mr. Hoglin welcomed Richard Keefer as the newest member of the Zoning
Board of Appeals. Secretary Pierce
called the roll.
Chairman Hoglin 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 that Mr. Ferraro had not brought in the documentation for the County
review. Mr. Woodbury will contact Mr. Ferraro.
Ang Cimo
entered the meeting at 7:33 PM.
Attorney Wright told the
Board members Mr. Ferraro’s application was already tabled and they could carry
it until the next meeting.
Chairman Hoglin opened the
public hearing for Karen Quinn, 3756 Harris
Hill Rd., Falconer, NY for a special use permit for a home occupation for a
tack/livery supply business in her barn.
Ms. Quinn was not present
so the Board decided to continue with the next application and come back to Ms.
Quinn’s if she appears.
Mr. Hoglin opened the
public hearing for Carl Scarpino, 545 Orchard
Rd., Jamestown, NY for a second 2-car garage on his premises that already has a
2-car attached garage. Attorney Wright swore in Mr. Scarpino.
Mr. Scarpino explained to
the Board members that he was requesting an area variance to build a pole
barnto be used for storage. It will be built on a new parcel of land he
purchased. He has approximately 2.75
acres.
Randy Woodbury showed the
Board on the map where Mr. Scarpino’s property is on the corner of Orchard
Road. Most of his land is residential but the land behind is
residential-agricultural. The land is used as one use.
JANUARY 26,
2004
PAGE TWO
Mr. Scarpino gave the
Board members a sketch showing the placement of the garage on his
property. It will be tan with a red
roof. The building will be 125 feet from the east property boundary and 80 feet
from the west property boundary. There is a natural tree line. The structure is
to store equipment. No vehicles will be stored in the pole barn. It will have
two overhead doors, one in the front
and one in the back.
Mr. Scarpino told the
Board he had talked to the neighbors. No one seems to have any objection.
Attorney Wright reviewed
Section 146-7 A that allows the dwelling to have an attached or detached garage
for up to 3 vehicles. The second garage
requires the area variance. Mr. Hoglin asked Mr. Wright to review the criteria
for an area variance.
Chairman Hoglin went
through the criteria with the Board members noting:
1) there
would not be any undesirable change to the character of the neighborhood
2) there
is no other method to achieve the benefit to the applicant
3) the
variance is not substantial
There was a discussion on
second garages and when a variance is needed.
The Board also discussed the difference between an area variance and use
variance. There were no neighbors present at this public hearing.
4) there
will be no adverse effect on the physical or environmental conditions of the
neighborhood
5) this
is self-created but it should not preclude the granting of the variance
Attorney Wright stated
this proposed project is exempt from SEQR as an area variance to an accessory
structure less than 4000 square feet.
Discussion followed on the
enforcement of the use and if Mr. Scarpino could use it for a commercial
use. Mr. Wright said that this is an
accessory building and there is no driveway to the structure. Mr. Hoglin said
that the neighbors would let the Town know if there is any commercial activity.
Dave Remington asked about
the siding and stated the Board usually requires that it match the house.
Attorney Wright said that the code has changed and does not specify the siding
and the new change eliminated the requirement that the siding match the house.
Mr. Scarpino provided a
photo of the proposed pole barn.
Motion made by
Ang Cimo, seconded by John Merchant to approve the area variance for Carl
Scarpino, 545 Orchard Rd., Jamestown, NY to build a 24’ by 30’ pole barn.
Carried. Ayes – 7 Noes – 0 Absent – 0
ZONING BOARD
OF APPEALS
JANUARY 26,
2004
PAGE THREE
Chairman
Hoglin reopened the public hearing for Karen Quinn. Attorney Wright swore in Ms. Quinn.
Ms. Quinn is requesting a
special use permit for a tack/livery supply business in her barn at 3756 Harris
Hill Rd., Falconer, NY.
The business would occupy
approximately 500 SF of the 1400 SF of barn space. She has 13 horses and this business would be part-time to
supplement the training of the horses. They do not board horses or have rider
training. This would provide a place
for people so they would not have to go to Irving to purchase products. Ms. Quinn would like to be open Tuesday
through Saturday until 8:00 PM and on Sunday afternoons. She will be the only
employee.
Attorney Wright asked Ms.
Quinn if she would advertise and she said she would. She would have a sign that
would comply with the code.
Pat Martonis asked if the
training was allowed because it is in an agricultural -residential zone. Mr. Woodbury said that was his
interpretation. Attorney Wright said the code stated public or private stables,
riding stables and riding academies are allowed in ag-residential zones.
Discussion followed on the
sections of code that addressed home occupations. Attorney Wright stated this does not qualify as a home
occupation. The business would not be in her home and retail sales are not
allowed under home occupation permits. She would be attracting a different
cliental than she would for the training of the horses. He told the Board he
thought the code adequately addresses retail sales in an ag-residential
zone. Mr. Woodbury agreed and said he
had misunderstood what Mr. Quinn was requesting. He will refund the fee.
Ms. Quinn
withdrew her application for the special use permit. She was told she could apply for a use
variance. Mr. Woodbury will help her if she wants to apply for the use
variance.
Motion made by Kevin Saff,
seconded by Ang Cimo to adjourn the meeting at 8:20 PM.
Carried. Ayes-7 Noes-0 Absent-0
_________________________________________
Valerie Pierce, Secretary