May 13, 1997

MINUTES OF THE REGULAR MEETING OF THE TOWN OF ELLICOTT Z= ONING BOARD HELD AT THE ADMINISTRATION BUILDING, 215 SOUTH WORK STREET, FALCONER,= NY 14733 ON APRIL 26, 2010 AT 7:00 P.M.

PRESENT: Chairman Steven Hoglin, Allan Hendrickson, John Merchant, Phillip Pratt, Ang Cimo, Attorney William Wright Jr., Code Enforcement Officer Randy Woodbury and Secretary Val Pierce

ABSENT: Kathy Hedstrand and Jean Holton

Chairman Hoglin opened the mee= ting at 7:00 PM.

Motion to approve the minutes of the March 25, 2010 meeting by Al Hendrickson, seconded by Phil Pratt.

Carried. = Ayes – 5 &nbs= p; &= nbsp; Noes – 0 &nbs= p; &= nbsp; Absent – 2

Chairman Evans opened with a r= equest to continue to table discussion on the number of dogs a resident may harbor= in the Town of Ellicott.

Carried. = Ayes – 5 &nbs= p; &= nbsp; Noes – 0 &nbs= p; &= nbsp; Absent – 2

Chairman opened discussion for James Wahlberg, 2941 Bitte= rsweet Dr. Jamestown, NY for an Area Variance for a deck that would be 2 feet from the property line. <= /p>

The = deck will be 16’ x 18’ off the west side of his home to take advanta= ge of view on the second floor. = This would allow him an 8 foot deep deck. Stairwell would go down to back of property. Not cost effective to put deck on = front of house. Deck would be made = of composite materials. The deck= would be 9 ft from the retaining wall. There is no view on the other side of the house. One letter of opposition was presented. Suggested to Table= until more information can be presented after consulting neighbors. Suggested possibility of Maintenan= ce Agreement.

Motion to Table until Mr. Wahl= berg obtains Maintenance Agreement by Al Hendrickson, seconded by John Merchant.=

Carried. = Ayes – 5 &nbs= p; &= nbsp; Noes – 0 &nbs= p; &= nbsp; Absent – 2

Chairman Evans opened discussi= on on application for renewal of Special Use Permit from Dawn’s Canine Rescue, 3710 Ross Mills Rd= , Falconer NY.

Andr= ew Goodell represented Ms. Thompson. Real Estate transfer between Dawn and Mrs. White has recently been completed thr= ough Spoto, Slater and Sirwatka Attys. The agreement is more stringent than the original. There is a 15 foot no animal zone.= There are recorded restrictions wi= thin the Deed. There are two Deeds= . The ZBA has been waiting for the D= eeds to go through before any action would/or would not be considered. The Special Use Permit was origina= lly granted in 2006, but not renewed the next year (2007). Dawn has 27 licensed dogs and it is estimated she has about 35 dogs. Dogs are now in enclosed within a chain link fence in front of the house. It is estimated to have around one dozen dogs in it at times. This chain link fence replaced a cheaper quality fence and has been there since approximately late summer 2009. The location of the fence needs to= be put before the Planning Board and Dawn never got a Building Permit for its current placement.

Mrs. Marge Young, 3722 Ross Mills Rd= , Falconer NY (adjacent to Thompson’s): Mrs. Thompson has seen as many as = 10 dogs in the fence at one time but there are various different dogs at diffe= rent times. They are barking at he= r all the time. She has just too ma= ny dogs. Dawn stated she was goi= ng to downsize, but Mrs. Young feels she has done just the opposite. Mrs. Young feels she has 30 to 35 = dogs. The only warm place in the winter = is in Dawn’s house. The dogs = that are outside have no place to be warm. Mrs. Young hears them howling and whining in the back. Mrs. Young is asking the Board to = make their decision with her in mind.

Morgan Young, (Marge’s son): = More times than not, when he visits his mom, the dogs start barking and barking = and Dawn comes out and screams for them to shut-up. They may continue to bark and she continues to scream at them. = It saddens him that his mom must tolerate this.

Mrs. Young stated that when the dogs were behind a wooden fence in back, she co= uld hear them barking but it wasn’t near as bad as now. Also, Mrs. Young repeated that she= feels there are more dogs there now than there used to be.

Atty. Wright suggested that the Board Table the renewal application. He also suggests that the Board be presented recorded copies of both Deeds, there should be an inspection of t= he property by Code Officer Randy Woodbury and whomever else he feels should accompany him. They need to c= onfirm that previous required conditions have been met. Dawn stated that she would= be willing to limit the number of dogs to 35.= The cyclone fence should be relocated. The dogs are to be located as far = from neighbors as possible. The cu= rrent conditions may be modified.

Mrs. Young: Dawn never complied wi= th conditions when she got the permit three years ago. She was supposed to have all dogs = in the enclosed area. She had numero= us small dog houses in various locations and had dogs tied up to her front por= ch and in back where the swimming pool is located. The dogs were tied up all the way around. Mrs. Young would like= to have a dog, but with all the dogs barking, she feels her dog would be constantly barking.

No Special Use Permit will be issued without moving or presenting a plan to relocate the chain link fence that is currently in the front yard.

Motion to Table for one month until they have above requested information by Atty. Wright. Motion by Steve Hoglin, seconded b= y Al Hendrickson. Atty. Goodell wi= ll secure permission for this to be a permissive inspection.

Carried. = Ayes - 5 &nbs= p; &= nbsp; Noes - 0 &nbs= p; &= nbsp; Absent- 2

Chairman Hoglin opened discuss= ion regarding SBA Properties Inc. for renewal of their Special Use Permit for a telecommunications tower, 3108 Eckman Rd. Jamestown, NY

No o= ne showed to represent them although they presented a package of information f= or renewal and it is in compliance. No comments or issues by neighbors. There are recommendations in this package for additional bracing. Conditions for approval: They comply with the recommendatio= ns in the structural inspections 1) Install coax lines as shown in figure 1 of the study. 2) The proposed TMAs a= nd diplexers should be installed directly behind the proposed panel antennas. 3) They need to submit a revised RF study within 30 days of any change in antennae configuration, power or addi= tion of antennae.

Motion made by Al Hendrickson, seconded by Ang Cimo to approve the renewal of the Special Use Permit for Properties Inc.

Carried.        =                 Ayes -5        =             &nb= sp;      Noes -0        =             &nb= sp; Absent -2

Motion by Gary Swanson seconde= d by Ron Calanni to Adjourn.   8:56 PM

Carried.        =             &nb= sp;   Ayes – 5   &nb= sp;       Noes – 0   &nbs= p;          Absent – 2

_________________________        &= nbsp;           &nbs= p;

Valerie Pierce, Secretary=