May 13, 1997

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 M= ARCH 30, 2009 AT 7:00 PM.

PRESENT:= Chairman Steve Hoglin, Dave Remington, Phil Pratt, Al Hendri= ckson

= Attorney William Wright, Code Enforcement Officer =

= Randy Wood= bury and Secretary Valerie Pierce

ABSENT: <= /span> John Merchant, Kathy Hedstrand and Jean Holton

Chairman Hoglin opened= the meeting at 7:00 PM and led the Board in the Pledge of Allegiance. Secretary Pierce called the roll.<= o:p>

Motion b= y Al Hendrickson, seconded by Dave Remington to approve the minutes of the Febru= ary 23, 2009 meeting.

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Carried.= = Ayes – 4 = &nb= sp; Noes – 0 = = &nb= sp; Absent – 3

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Those intending to speak at tonight’s meeting were sworn in by Attorney Wri= ght.

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Chairman Hoglin opened with the application of Dr. Jeremiah Schreiber, River of Life Chirop= ractic, 3570 Lake St.= , Jamestown, NY for a Special Use Permit for Home Use for Chiropratic Office pursuant to Section 146-9-B of the Town of Ellicott Zoning and Planning Code.

Dr. Jerimiah Schreiber is from the Erie, PA area and has practiced there for around 7 years. He has the opportunity to purchase= some property from Mr. Burkholder for a satellite office and weekend residence.<= span style=3D'mso-spacerun:yes'> He thought it would be more conven= ient for some of his patients to be treated closer to their homes. The office would be open 10 hours = or less per week. They would occ= upy approximately 450 square feet of the downstairs for their existing patients. He plans to be open= on Saturday morning and possibly, that would grow into one or two evenings per week. For parking, there is a right-of-way that they could use and potentially they could use the back ya= rd if necessary. Dr. Schreiber w= ould be the only person practicing there. He would be purchasing two buildings. The front building, with the lake frontage, would be the weekend residence.&= nbsp; The back building would be used for the office. The bedrooms on the second floor o= f the proposed office building would remain empty. It is expected he would see 3-5 ve= hicles per hour at the office. The a= ccess would be on Hickory Grove, which is approximately 30 feet wide.

The Saturday hours would be possibly10 AM to 1 P= M at the most. He can potentially = see 20 people in one hour, maximum. = His rough guess is that he would have only 10-15 clients on Sat. Evening hours would be possibly 3 PM-6 PM. He tends to get more clients in the evening than on Sat.

Lot 48 is not owned by ow= ner of 41 and 42 which is the property under consideration to purchase. None of the land under considerati= on for purchase is contiguous with Rail Road Drive. The only access would be through <= st1:Street w:st=3D"on">Lake St and= Hickory Grove (open right-of-way, privately used).=

According to Atty. Wright, this does not meet requirements of a Home Occupation. <= /span>

Motion b= y Al Hendrickson to deny. Seconded= by Dave Remington.

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Denied.<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; Ayes-4 = &nb= sp; Noes-0 &nbs= p; &= nbsp; Absent-3

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Richard = and Anthony Benedetto (represented by Atty. Andrew Goodell) for 42 Dunham Ave,<= /span> Jamestown, NY 14701 fo= r Application for Variance to extend the black top parking lot 13 feet towards Dunham Ave. pursuant to Section 121-24-F of the Town of Ellicott Zoning and Planni= ng Code.

Dr. Burke of Family Health Services occupies the building at 42 Dunham Ave.= and wants to expand the use of the building and expand the parking. He believes this will have no environmental impact on the neighborhood.&= nbsp; No impact on drainage or esthetics and only a small impact on the fo= ot print. There will be a 17 foo= t set back instead of the required 30 feet. They are requesting a 13 foot variance. It will only be used during the day. There will be 12-13 park= ing spaces. Paul Potter PE states= there will be very little impact on drainage.&nb= sp;

Mr. Benedetto will have to get the Variance from= the Zoning Board first and then he must appear before the Planning Board for the revised Site Plan. The draina= ge issues are for the Site Plan to consider.&= nbsp; He will have a letter as soon as possible from Paul Potter regarding drainage.

Dr. Burke is expanding downstairs and has hired a couple more physicians and expanded his use and is occupying both spaces of= a two tenant building. This is = the only place there is to expand parking.&nbs= p;

They feel that they can not expand on land purch= ased next to the office building because the elevation is higher than the existi= ng property and it is not as convenient. The property is Zoned Neighborhood Business. Exempt from SEQR.

Motion by David Remington to accept the Application for Variance. Seconded by Al Hendrickson.

Denied.<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; Ayes - 3 &nbs= p; &= nbsp; &nbs= p; Noes - 1&= nbsp; &nbs= p; Absent – 3

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Ronald a= nd Karen Rine, 87 Longview Ave. Jamestown, NY a= pplying for Set Back Variance for a new garage. S= ection 146-11-A of the Town of Ellico= tt Zoning and Planning Code.

They plan to build a single car garage. They tried to purchase some neighb= oring property but owner didn’t want to sell. Existing shed is no longer big eno= ugh for storage. The shed has been there six or seven years. The garage will be in the same place. They have lived here since 2000, it was a cottage prior to that. The existing cyclone fence is right on the line and the fence will be removed w= here the garage will be. The shed will be moved to property they own on Lakeside Dr. and it will replace a shed in poor condition. There are no other structures along Lakeside Dr. that are as close to the road as the proposed garage. The garage will be 7’7”= ; from the house. The utility lines = will not go over the garage. The construction would have to be the same as for an attached garage. The nearest = corner of the house has a bedroom there and they are the most protected part of any house under code. The next ne= arest garage is approximately 7 feet from the property line. In the winter they park at the nei= ghbors and in the summer, in the street.

Buildings should be set back 25 feet from the highway right of way and five feet from rear and side property lines. This will be a 22 foot varia= nce on the front and a 2 foot variance on the side.

No neighbors attended the meeting.

Motion to approve by Al Hendrickson, seconded by Phil Pratt.

Approved= . &= nbsp; &nbs= p; Ayes - = ; 4 &= nbsp; &nbs= p; Noes - = ; 0 &= nbsp; &nbs= p; Absent -3

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David Wh= itehill, 2160 Lafayette St Falconer, NY 14733 application for Use Variance for two b= ill boards. Section 146-67-3-A and 146-38 of the Town of Ellicott= Zoning and Planning Code.

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At= ty. Randall Lewis, of Fessenden, Laumer & DeAngelo represented Mr. Whitehil= l. Wet land maps and NWI maps were provided. Mr. Whi= tehill owns approximately 74 acres. = Almost all of which is under the Federal Map and a substantial amount is under the= DEC map. It would be extremely difficult to use this property for any type of permitted use. There are no adjoining property owners. I-86 fronts it on one= side and it is in an industrial zone. Federal and State law allow for construction of bill boards in this = type of zone. The hardship is not self-created. Mr. Whitehill o= wned the land before the wet lands expansion/delineation. The two bill boards would be in th= e SW corner in the industrial zone. They would be 500 feet apart according to Federal Law and 600 feet from the old = rail road bed. Mr. Whitehill was n= ot the applicant on the first request of April 2008.

The evidence that is new is not the same as could have been disclosed in April 2008 is evidence that by passage of time has changed.

Atty. Lewis stated that it is clear that there i= s no way any industrial uses will be reasonable on that property. The business is within 200 feet of= the rail road bed. His business is permitted within the industrial zone. There is currently a roof top sign placed prior to zoning, in 1982.<= span style=3D'mso-spacerun:yes'>

No neighbors attended. Two local businessmen, Brian Nelso= n and Jim Sirianno, spoke up in favor of the variance.

Motion b= y Steve Hoglin seconded by Al Hendrickson to deny based on item number one that a reasonable rate of return has not been shown regarding this property.

Denied.<= span style=3D'mso-tab-count:2'> &= nbsp; &nbs= p; Ayes – 4 &nbs= p; &= nbsp; &= nbsp; Noes – 0 &nbs= p; &= nbsp; Absent -3

Motion to adjourn by Al Hendrickson and seconded by David Remmington. 8:50 PM

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Valerie Pierce, Secretary