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 FEBRUARY
23, 2004 AT 7:30 P.M.
PRESENT: Chairman Steve Hoglin, David
Remington, John Merchant, Ang Cimo, Pat Martonis
Rick Keefer, Attorney William Wright and Code Enforcement Officer Randy
Woodbury
ABSENT: Kevin Saff
Chairman Hoglin called the meeting to order at 7:30
P.M. 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.
Chairman Hoglin asked for
a motion to abandon the application since it had been tabled for 8 months. Attorney Wright asked Mr. Woodbury if the applicant has contacted
the Town. Mr. Woodbury stated he had not contacted the Town in two months.
Motion made by
Pat Martonis, seconded by David Remington to abandon this application for Mark
Ferraro at 870 Fairmount Ave., W.E., Jamestown, NY
Carried. Ayes-6 Noes-0 Absent-1
Mr. Woodbury will send a
letter to Mr. Ferraro notifying him of the Board’s action.
Kevin Saff
entered the meeting at 7:35 PM.
Chairman Hoglin opened the
public hearing for Donna Heintzman, 575 Hunt
Rd., W.E.,
Jamestown, NY for a special use permit for a tax services office in her home.
Attorney
Arthur Bailey was present to represent Donna Heintzman. He asked
the Board to approve the application to the extent that it is required. Ms.
Heintzman did not appear.
Attorney Wright asked Mr.
Bailey if he knew about her operation because that was what was at issue at
this meeting. The Board needs to know
the specifics about her business in order to approve a special use permit. Mr. Wright reviewed the information Ms.
Heintzman needed to provide in order for the Board to make a decision on the
special use permit.
FEBRUARY 23,
2003
PAGE TWO
Attorney Bailey said all
that information is available but he had a few questions for the Board. He wanted to know when the Town is aware a
business has existed for 36 years what is required. Mr. Wright said that once the Code Enforcement Officer was made
aware of the business he could treat it as a violation and start enforcement
action or he could bring Ms. Heintzman before the Zoning Board and try to
legitimize it.
Mr. Bailey asked if there
had been any opposition to the business.
There were no neighbors present and they had been notified. Mr. Bailey said that Ms. Heintzman had been
sent a request that she send $75.00 for her business and that had never been
requested before. He asked if the Town
could put her out of business. Attorney
Wright explained that the Town has a requirement for a two-year permit for a
home occupation and the business needs to be legitimized.
Mr. Woodbury asked if Mr.
Bailey had seen the documents that Ms. Heintzman had received from the
Town. He sent an order to remedy and
also an application for the special use permit and told her that the
application fee was $75.00. Mr.
Woodbury stated that Ms. Heintzman had filled out the application and signed
it. Then she sent it to the Town along with the $75.00 fee. He explained he would stay the order to
remedy because she was applying for the permit.
Attorney Wright asked Mr. Woodbury if he had a problem staying the
order to remedy for another 30 days. He said he did not because there was no
opposition from the neighbors and the County Planning had to review the
application. Mr. Woodbury asked the
County to speed the process and they send a letter that this application does
not have a countywide or inter-municipal impact. They did reserve the right to submit informal comments in the
future, at which time the Town may consider revocation of the special use
permit, if warranted.
Attorney Bailey said he
would have Ms. Bailey appear at the March meeting.
Motion made by Kevin Saff, seconded by Ang Cimo to
adjourn the meeting at 7:48 PM.
Carried. Ayes-7 Noes-0 Absent-0
_________________________________________
Valerie Pierce, Secretary