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.
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.
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.
FEBRUARY 28, 2005
PAGE THREE
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.
FEBRUARY 28, 2004
PAGE FOUR
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