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 28, 2005 AT 7:30 P.M.

 

PRESENT: Chairman Steve Hoglin, Dave Remington, John Merchant, Angelo Cimo, Patricia   

                     Martonis, Richard Keefer, Kathy Hedstrand, Attorney William Wright, Code

                     Enforcement Officer Randy Woodbury and Secretary Valerie Pierce.

ABSENT:   None

 

Chairman Hoglin called the meeting to order at 7:30 P.M.  Secretary Pierce called the roll.

 

Motion made by John Merchant, seconded by Ang Cimo to approve the minutes of the January 31, 2005 meeting.

 

Carried.                      Ayes-7                         Noes-0                      Absent-0

 

Attorney Wright swore in everyone that would be testifying at this public hearing.

 

Chairman Hoglin reopened the public hearing for Sherry Propheter for a use variance for a beauty shop at 2184 Willard Street Ext., Jamestown, NY.

 

Attorney Wright said he had spoken with Mr. Sirwatka, attorney for the Propheters a couple of times over the last month including twice today.  This afternoon Mr. Sirwatka contacted him and indicated Mrs. Propheter would be withdrawing her application.

 

Mr. Sirwatka faxed a letter to Mr. Wright advising the Town that Mrs. Propheter was withdrawing her application for the use variance. That letter was placed on file.

 

Mr. Hoglin opened the public hearing for Douglas Nelson for a special use permit for a home occupation for a portrait studio at his residence at 3451 Old Fluvanna Rd., Jamestown, NY.  Gay Mark Enterprises, Inc.  owns the property.

 

Mr. Nelson provided a copy of the interior layout of the building and a map of the exterior. He will use one of the two ground level apartments for his residence and the other for his studio and office. He told the Board that he resides at this address and there is an another apartment downstairs that has been vacant for about three years.  

 

Approximately 311 SF of the total 1800 SF will be used for the portrait business.  The landlord owns the side parking lot and there is extra parking in the back for the lower apartment. Mr. Nelson has permission to use the lower parking lot if he needs to. 

 

The business will be by appointment only.  Mr. Hoglin asked how many people he would expect in a week.  Mr. Nelson said he would like to do 8 settings per day and be open five days per week. The hours of operation would be Tuesday through Thursday from 12:00 PM to 8:00 PM and Friday through Saturday from 9:30 AM to 5:00 PM.

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Mr. Nelson said he would be doing mostly family and children portraits.  He has been at this location since September 2002.  He was in the trucking business for the last 15 years but before that he was a photographer for Olan Mills.     

 

Mr. Nelson will be the sole proprietor.  He will advertise with the Post Journal and will advertise that settings are by appointment only. He would plan on one setting per hour. 

 

Mr. Nelson will not be adding any exterior lighting. 

 

Mr. Keefer said that it does seem to get crowded in that area and there could be a parking problem.

 

The neighbors were notified of this public hearing.

 

Judy Rinyu, 3462 Old Fluvanna Rd., Jamestown, NY, told the Board they live in the house with the driveway that would be backing right into the parking lot. They do not mind Mr. Nelson having a business but there is not much available parking.  There is already contention in the neighborhood concerning the parking. People do not park far enough into the parking lot and it blocks her driveway.   If Mr. Nelson photographs group pictures there will be a parking problem. Mrs. Rinyu told the Board there is only four parking spaces in the parking area and you might get two in front of the apartment.  If Mrs. Gage decides to rent there would be other tenants that need parking spaces and as Mr. Nelson’s business expands there will be more parking problems. 

 

Mr. Nelson said there is room for 7 cars in the parking area. They would block some of the cars in but if they were there for a family portrait it would not matter.  Mr. Nelson said if someone rents the lower apartment there are two parking spaces below for their parking.  Mr. Nelson  would put his car in the lower parking lot if he were expecting a large group. 

 

Mr. Hoglin said the Board could put conditions on the approval for the parking and if the people pull fully into the parking area it should not be problem. Pat Martonis suggested that the two front parking spaces be designated for Mr. Nelson’s business. Kathy Hedstrand asked if there were a way to chain off one end of the driveway so people would not pull up too far. Mr. Nelson said the problem is people need to pull up further in the lot. 

 

Mrs. Rinyu asked if this property is zoned residential.  Attorney Wright explained that it is and is the reason the applicant is before this Board and why the neighbors were notified.  The Board will review the criteria for the special use permit.  Mrs. Rinyu did not feel she had enough time if notify other neighbors.  Attorney Wright explained the Town does go above and beyond the requirements. The requirement is that the Town publishes it in the paper but the Town of Ellicott has adopted a strategy of notifying neighbors within 500 feet.  Attorney Wright told Mrs. Rinyu that all special use permits are renewable every two years and the reason is to monitor things such hours of operation and traffic.  They can also talk to the code enforcement officer if they have problems before the renewal time.  

 

 

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Rick Keefer suggested that they put lines in the parking lot. Attorney Wright reminded the Board they did put conditions on the portrait studio on Woodworth where parking was an issue.  Ms. Nord had to demark certain parking spaces.  The Board also put a condition on the time of her appointments so they would not overlap. The Board can impose reasonable conditions.  Attorney Wright said the tenant might not be able to commit to the striping of the parking lot.  Mr. Nelson said Mrs. Gage had previously mentioned striping the parking lot. Pat Martonis said she would like to see the two front parking spaces designated as the primary business parking spaces.

 

Ang Cimo asked if Mr. Nelson is already operating the business and how many people he might expect.  Mr. Nelson said he wants to start out slow and bring it up to eight settings a day.  If it looks like the business is going to go he plans to look for a studio in a plaza or some other place.  He does not want to sign a lease for a year not knowing how it will go.

 

Attorney Wright reviewed the criteria for a home occupation in Sections 146-5 and 146-71. As a type of special use permit the Board is also required to comply with section 146-64 when considering home occupations. Section 146-64 C sets the standards. 

 

Motion made by Pat Martonis, seconded by Ang Cimo to approve this special use permit for a home occupation for Douglas Nelson at 3451 Old Fluvanna Rd., Jamestown, NY for a photography studio with the following conditions:

 

1)      The applicant designate the two front spaces in front of the studio as the primary parking for the customers and that  the side parking lot becomes an overflow for parking never to exceed the number of spaces available that are not taken by the tenants

2)      the hours of operation will be Tuesday through Thursday from 12:00 PM to 8:00 PM and on Friday and Saturday from 9:30 AM till 5:00 PM with the primary customers being families, children and individuals 

3)      they will line the parking lot with parking  spaces not less than 9’ x 18’

4)      the applicant will make every reasonable effort to schedule clients to minimize traffic overlap

 

Attorney Wright said this project is exempt from SEQR as a Type II action.

 

Carried.                        Ayes-7                     Noes-0                   Absent-0

 

Rick Keefer asked if there were some requirements in the code for tenant parking.  Attorney Wright said there was a committee that set parking regulations for all different types of businesses, rentals and a single-family residence but the Town Board never approved it.

 

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John Merchant asked if the applicant would be notified of the two-year  renewal.  Mr. Woodbury tries to keep up with the renewals but it is the responsibility of the applicant to come in and apply for the renewal.

 

Motion made by Pat Martonis, seconded by Dave Remington to adjourn the meeting at 8:18 PM.

 

Carried.                            Ayes-7                             Noes-0                       Absent-0

 

 

 

__________________________

Valerie Pierce, Secretary