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 FEBRUARY 26, 2007 AT 7:00 PM.

 

PRESENT: Chairman Steve Hoglin, David Remington, John Merchant, Angelo Cimo, Pat Martonis,

                    Kathy Hedstrand, Attorney William Wright, Code Enforcement Officer Randy Woodbury,

                    and Secretary Valerie Pierce

ABSENT:  Richard Keefer

 

Chairman Hoglin opened the meeting at 7:05 PM and Secretary Pierce called the roll.

 

Discussion of the minutes followed. Pat Martonis recommended some changes to the minutes. Chairman Hoglin said when reviewing they should prioritize the proof reading by importance. Attorney Wright said the important things to look for in the minutes are:

1)    anything with numbers, such as distances, heights, elevations and setbacks

2)    the motions with the conditions

3)    the votes.

 

Motion made by Pat Martonis and seconded by Dave Remington to approve the minutes of the January 29, 2007 meeting with the following corrections noted by Pat Martonis:

 

1)    on page 158 Randy Woodbury’s statement should have read “the Board could not act on anything until the court resolves the issue of the animals”  instead of “can act”

2)    other minor grammatical and spelling errors in conversation that would not affect the actual motions or conditions

 

Carried.                 Ayes – 6                         Noes – 0                       Absent – 1

 

Chairman Hoglin reopened the Public Hearing for Falconer Enterprises, LLC (Harley Davidson of Jamestown) for sign variances at 1951 East Main Street Ext., Falconer, NY 14733.

 

Randy Woodbury told the Board he had not heard from Harley Davidson. They are on winter hours and he thought perhaps they were out of town.

 

Attorney Wright asked when the applicant had last appeared. The minutes reflected they were in on November 27, 2006 but have not appeared since.  At the November meeting they requested to table their application until the January meeting.  At the January meeting they did not appear but had requested it remain on the table.

 

Mr. Wright said the Board could leave this on the table or deny the application for failure to proceed.  If the Board had good cause to believe they had abandoned the project they could deny the application but it will do no harm to leave it on the table for one more meeting.  Randy Woodbury had attempted to contact the applicant and couldn’t.  The Board directed Randy to get a status report from Falconer Enterprises and report back at the next meeting.  The applicant would have to appear or have a status report or the Board could deny the application for failure to provide the necessary information.

 

Chairman Hoglin reopened the Public Hearing for the renewal of a Special Use Permit for SBA Properties Inc., 3108 Eckman Rd., Jamestown, NY.

 

Randy Woodbury told the Board he had not received any reply to his phone calls.  He had been talking to Patches Estes since the beginning of this process.  He has provided her with a copy of the code and faxed her but has had no response.  Mr. Woodbury is inclined to issue a “Notice of Pending Suspension of Special Use Permit” and will ask for an increased fee because they are past the two-year cycle. He wants them to catch up on all fees and to appear with all the required reports. He hopes to talk to someone else in the company. Randy told the Board there are no drainage issues in the area and he has not had any complaints from neighbors.

 

John Merchant asked if they came in next month but did not have everything they need would the Board be willing to extend their time? Randy said they might come in next month and not have everything they need but if they were there under good faith that would be OK. He does not see any good faith now.

 

Mr. Hoglin asked if there was any reason to believe the company has changed hands.  Randy said that it appears to him they have changed attorneys. He will send letters out to the corporate officer, the bonding company and copy the letter to Patches Estes.

 

The letter the Town received from SBA Network Services, Inc. dated November 16, 2006 was from Diane Borchardt, Zoning Manager. Randy may be able to contact her and get some additional information. SBA did pay the $200.00 fee for the renewal for the Special Use Permit in November 2006.

 

This application for SBA Network Services, Inc will remain on the table.

 

Chairman Hoglin reopened the Public Hearing for Calvert Baker and Joan Baker-Grener, 2053 Buffalo Street Ext., Jamestown, NY 14701 for a variance for a fence to be higher than the required six feet.

 

Attorney Wright told the Board, after a conversation with Mr. Woodbury on Thursday morning, he contacted Paul Webb III, Mr. Baker’s attorney, and had a conversation with him.  Mr. Wright told Mr. Webb he thought he should reduce the forums that he is in. They are in court on the issue of the wolf and code enforcement issues plus they are in front of the Zoning Board seeking an area variance for the height of the fence.  Attorney Wright told Mr. Webb he could not advise the Board that the wolf be used as justification for the fence. There is a pretty clear allegation the wolf is an illegal animal.  Mr. Wright told him it would be best to take down the section of fence that was 8 feet. Mr. Webb said that he thought he could accomplish that. Mr. Wright received a call that Mr. Baker would not appear tonight and Mr. Baker will be removing the higher section of fence and making it compliant.

 

Attorney Wright asked Mr. Woodbury what action he would like to see.  Would he want the Board to deny rather than go through the process or would he like Mr. Baker to withdraw his application?  Mr. Baker would not receive any refund since this has already gone through the process and he made an appearance. Randy said this does need some closure. 

 

Motion made by Pat Martonis seconded by John Merchant to accept the withdrawal of Calvert Baker and Joan Baker-Gerner, 2053 Buffalo Street Ext., Jamestown, NY of the variance of a fence, to be higher than the required six feet, based on communication from their lawyer that the fence will be made compliant with out a variance

 

Carried.                            Ayes – 6                                Noes – 0                           Absent – 1

 

Randy Woodbury told the Board the testimony from the last meeting was helpful in court because there was sworn testimony that the wolf was considered a pet. Since 2004, a wolf or a wolf hybrid in NYS is considered dangerous wildlife and not allowed as a pet.  Randy said Mr. Baker told the court that he wants to move.  Randy’s determination is that a wolf would not be allowed in a residential zone because it would not be a customary accessory use. A wolf would consider any small and moving about, such as children, as prey.  Other agencies are responsible for the safety.

 

Pat Martonis asked, if Mr. Baker moves is there an obligation for neighbors to be notified of the wolf?  Randy said Mr. Baker is required to report to the Town Clerk every year that he has the wolf and the Town Clerk is required to report under State Law to the police agencies, the fire department and other agencies that the wolf is there.  The Town has not been able to do that because he has never received a report.  The report was taken care of in court and the Town Clerk has notified all of the listed agencies.  At least the first responders have been notified.  He did not think the neighbors realized there was a wolf there. The fence Mr. Baker built does not meet the Federal requirements.  The wolf could jump over the fence Mr. Baker has now. 

 

Motion made by Kathy Hedstrand seconded by Pat Martonis to adjourn the meeting at 7:35 PM.

 

Carried.                              Ayes – 6                                  Noes – 0                            Absent – 1

 

___________________________

Valerie Pierce, Secretary