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 MAY 24,
2004 AT 7:30 P.M.
PRESENT: Chairman Steve Hoglin, David
Remington, Kevin Saff, Angelo Cimo, Pat Martonis, Richard Keefer, Attorney
William Wright and Code Enforcement Officer Randy Woodbury, Town Clerk Michael
Erlandson (secretary).
ABSENT: John Merchant
Chairman Hoglin called the meeting to order at 7:30
P.M. Secretary Erlandson called the
roll.
Chairman Hoglin reopened
the public hearing for James Stanford and Michael
Fiorella for a house trailer on S. Dow St.
Mr. Hoglin stated that the application has been withdrawn.
Chairman Hoglin opened the
public hearing re a Special Use
application from Ms. Tracy Piazza, 1844 Southwestern Dr. for a Home Occupation Permit to operate a beauty salon
in her home. Ms. Piazza addressed the
Board. She explained that she recently
constructed a new home at 1844 Southwestern Dr. Ms. Piazza noted that the proposed beauty salon would only
service one customer at a time. She
also stated that she would have no employees.
Code Enforcement Officer Woodbury stated that the proposed salon would
be in compliance with building codes.
The Board asked a number of questions re the proposal. No public comments were heard. Secretary Erlandson stated that three
neighbors were notified and no responses received. Attorney Wright explained the law relative to Ms. Piazza’s
application. He also outlined the
criteria the Board should consider when making its decision.
Chairman Hoglin opened a
public hearing re an application for an area Variance from
Mr. & Mrs. Robert Garretson,
3533 Lake St. to construct a garage
on his property. The proposed garage
would be 24’ x 32’. However, a variance
would be necessary because one side of the garage will be within five feet of an adjacent property. Mr. Garretson addressed the Board. He explained the proposed project in detail
& distributed photos and drawings.
The Board examined the material.
A long discussed ensued. The
Board members expressed a number of concerns re Mr. Garretson’s
application. Attorney Wright asked Mr.
Garretson for clarification re exactly how far from adjacent property lines the
proposed garage would be. Mr. Wright
explained that Mr. Garretson might be required to obtain a ‘maintenance
MAY 24, 2004
PAGE TWO
easement’ from his
neighbor before a variance could be granted.
The Board noted that
another
side of the garage is adjacent to a ‘paper street’. Mr. Wright asked who “owns” the ‘paper street’. No public comments were heard. Mr. Wright asked if the neighbors were
notified. Secretary Erlandson replied
that 58 notices were mailed. Mr.
Erlandson reported that he received one written response from a neighbor who
has no objection to the construction of the garage. Mr. Wright explained the law relative to Mr. & Mrs.
Garretson’s application. He outlined
the criteria the Board must consider for a variance to be issued. ZBA member Kevin Saff asked Mr. Garretson if
he would consider reducing the size of the proposed garage. Mr. Garretson replied that he did not want
to reduce the size. The Board discussed
the implications of granting the variance & decided to table the
application until the June 28, 2004 meeting.
Mr. Garretson was directed to obtain a maintenance easement from his
neighbor and also get clarification re ownership of the ‘paper street’.
Chairman Hoglin opened a
public hearing re an application from Mr. Gregory
Paterniti, 121 Glenwood Ave. WE, for an area variance to construct a detached two-car garage on the
premises. Mr. Paterniti addressed the
Council. He stated that the proposed
garage would be 24’ x 24’. He
distributed sketches and drawings. The
Board reviewed the material & asked a number of questions re the exact
location of the proposed garage on the property. Mr. Wright explained the law relative to Mr. Paterniti’s
application. He outlined the criteria
the Board must consider for a variance to be issued. No public comments were heard.
Mr. Wright asked if the neighbors were notified. Secretary Erlandson replied that 39 notices
were mailed & no responses were received.
Chairman Hoglin opened a
public hearing re an application from Mr. Daniel
Welsh, 2895 Clifton Ave., for an area variance to construct a detached two-car garage on his
property. Code Enforcement Officer
Woodbury reported that the application has been withdrawn.
Chairman Hoglin opened the
public hearing re a special use application from the Evangel
Christian Fellowship to construct a church on Rte. 380 on property
located east of the intersection of Routes 60 and 380. Mr. Jeffrey Eckstrom was
in attendance as representative for the church. No public comments were
heard. Secretary Erlandson added that
no written responses were received. Mr.
Eckstrom stated that the Chautauqua County Planning Board recently approved his
preliminary plan to
MAY 24, 2004
PAGE THREE
construct a church on the
property. He asked the Zoning Board for
guidance re how to proceed with the project.
He distributed drawings, which were reviewed by the Board. ZBA member Patricia Martonis reminded Mr.
Eckstrom that the Ellicott Planning Board must still approve the plan. ZBA member Richard Keefer asked several
procedural questions re how Mr. Eckstrom should proceed. Attorney Wright explained the law relative
to the application. He outlined the
criteria the Board must consider for the application to be granted. The Board discussed the matter. The Board asked Mr. Eckstrom to prepare an
Environmental Assessment Form (EAF).
Mr. Eckstrom completed Part I of the EAF. The Board completed Parts II & III of the EAF.
Mr. And Mrs.
Randy Ross, 2199 Camp St. Ext., addressed the Board re an
application for a variance to construct a garage on their property. Secretary Erlandson explained that the Ross
application should have been on the agenda for tonight’s meeting. However, due to an administrative oversight,
they were not scheduled. Therefore, a
notice of public hearing was not published and the neighbors were not notified. Attorney Wright noted that since the public
notice was not published the Board could not act on the application
tonight. Mr. Ross outlined the proposed
project. He stated that the proposed
garage would be 24’ x 24’. The Board
members asked Mr. Ross a number of questions re his proposal and instructed him
on what he how he should proceed. The
Ross application was tabled until the June 28, 2004 Ellicott Zoning Board of
Appeals meeting.
Motion made by Kevin Saff, seconded by Patricia
Martonis to adjourn the meeting at 9:43 PM.
Carried. Ayes-6 Noes-0 Absent-1
The next meeting of the
Zoning Board of Appeals will be held on June 28, 2004.
_________________________________________
Michael Erlandson, Secretary