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 JUNE 26, 2006 AT 7:30 PM.

 

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

                     Kathy Hedstrand, Attorney William Wright, Code Enforcement Officer Randy Woodbury

                     and Secretary Valerie Pierce.

ABSENT: Patricia Martonis

 

Chairman Hoglin opened the meeting at 8:00 PM and Secretary Pierce called the roll.

 

Motion made by Ang Cimo, seconded by Kathy Hedstrand to approve the minutes of the May 22, 2006 meeting.

 

Carried.                 Ayes – 6                           Noes – 0                       Absent – 1

 

Attorney Wright swore in all present that would be giving testimony at this public hearing.

 

Chairman Hoglin reopened the public hearing for RSA No. 3 Cellular Partnership d/b/a as Verizon Wireless for a Special Use Permit renewal for a wireless facility originally granted January 7, 1991.

 

Mr. Hoglin said this permit is still current until July.

 

Randy Woodbury said he received a letter from Robert Burgdorf, Nixon Peabody LLP, dated June 20, 2006.  He has looked over the items provided by Verizon Wireless that the ZBA had requested.  They did provide Landlord Contact Information but this was the first that Randy received. It is important he contact them because the ultimate solution to the drainage is to acquire a piece of property from the owner. Verizon Wireless has offered to pay for the engineering within that parcel for a storm water detention basin.  Randy said he thought this should remain on the table until he can make contact with the landlord. 

 

Attorney Wright said that the commitment for the engineering was to expire with the renewal of the permit.  Mr. Hoglin said he thought the commitment was until November.  Attorney Wright said he would like Verizon to make a commitment that supplying the landlord information does not relieve them of their commitment for engineering because the drainage issue is not resolved.

 

Mr. Wright said the Wind Loading Requirements were addressed. The Renewal Bond will be increased to $70,000 since the cost of removal has increased over the last 15 years. Mr. Burgdorf also addressed the FAA Lighting, which will be turned off during the day. Verizon does need to address the water issues because they are responsible for the drainage.  Randy will contact the landlord as soon as possible.  Attorney Wright said that Nixon Peabody should let the landlord know the severity of the drainage problems. Nixon Peabody may need to extent the time of commitment for the engineering.

 

Chairman Hoglin reopened the Public Hearing for Lynn and Gail Terry, 3018 West Oak Hill Rd., Jamestown, NY for an area variance for a 1600 SF detached garage.

 

The Town did receive a letter from the County Planning Board stating they determined this proposed project did not have any significant countywide or inter-community impacts and the project would be a matter of local concern. 

 

Attorney Wright said they had asked the Terrys’ to provide justification on the size of the garage. 

 

Mr. Terry told the Board:

1)    they have downsized the garage to 30’ x 40’ and it looks more like an old barn -  the Amish

      will construct the garage so they have no blueprints for the building but did provide photos

      of a similar garage

2)    they will have some storage on the second floor

3)    they will not have utilities to the garage this year but plan to have water and electric in the future -  he will run the electric from the house

4)    they will not use the building for a business - just for personal storage

5)    they will not have any septic to the building – Randy told Mr. Terry he would not be able to have septic since only one dwelling is allowed on a piece of property

6)    since he has reduced the size of the building his request for a variance is only 200 SF over the square footage allowed

7)    he explained the drainage

8)    they will be painting the garage to match the house -  it would be made out of planks

9)    the location of the building will not change – from the south property line it will be 71 feet and from the east property line it will be 41 feet

10) he has a ditch in the back that is 150 feet and another that runs the total 228 feet along his property line – he has 300 feet plus foot of frontage – he will put drainage on both sides of the garage to channel it to the ditches

11) the building is 24 feet high

12) they will eventually have a cement floor

13) Mr. Terry will not store a dump truck to be used for anything but personal use in the garage

 

Gene Aversa, owner of the sub-division adjoining this property, reviewed the plans and photos.

 

Attorney Wright reviewed Section 146-7, which allows one attached or detached garage for storage for up to three vehicles. It is allowed to be 1000 SF. No occupation or business for profit can be carried on. The Board is looking for a single area variance for the size of the garage to be 1200 SF instead of the allowed 1000 SF.  He reviewed 267 B of Town Law, which is the balancing test for an area variance with the five criteria to be considered.

 

The Board must grant the minimum variance they deem necessary. That is why they asked Mr. Terry to come back with the minimum variance he thought would accomplish his purpose. Mr. Terry did reduce the size of his proposed garage. 

 

A letter addressed to Mr. Woodbury was placed on file (see “Site Plan Review – Lynn and Gail Terry) from Gene Aversa and Todd Patric, owners of “The Back Nine” Real Estate Development on West Oak Hill Rd., Jamestown, NY, stating their concerns about this project and requesting information.

 

Mr. Aversa said that Moonbrook recently bought property adjacent to both their properties and are creating a very large pond.  With all of the excavating they will be doing it will impact run-off.  They had to pay an engineer when they did their development to do a water run-off study.  They have a retention pond that was a requirement.  Mr. Aversa’s concern is that he does not know how much water is going to run off of Mr. Terry’s roof and if the ditch that was made will catch the water and not deteriorate the road they put in. If the ditch will accommodate the run off he has no problem with this garage. Mr. Aversa told the Board they have put $200,000 into their development and just wanted some assurance there will be no water runoff onto his road.

 

Mr. Terry said he will have gutters on the garage and will have underground drains to his current ditch, which leads to a public ditch. Mr. Aversa said Mr. Terry’s ditch is fine but his concern is the excess run off from Moonbrook’s property.  Moonbrook does not need to come to the Town of Ellicott for their pond but they need a permit from NYS DEC and the County.  Attorney Wright said Moonbrook couldn’t create a water problem onto the neighbor’s property. 

 

Steve Hoglin said that because “by right” Mr. Terry can build a 1000 SF garage, this should not be an issue.  Mr. Terry said the water would be running to the side ditch. Randy said that would be important because the water in the back ditch would have to make a 90% angle and the sooner they can get the water to the ditch on West Oak Hill Road the better.  

 

If this area variance is approved and a problem develops down the road, Mr. Wright said it would be a “civil cause of action” on one party against the other.

 

Randy said there had been just one ditch and Mr. Terry now has two, which is a much better situation.  Mr. Terry said during heavy rains there is about 3 inches of water in the ditch. He said the ditch is 2 feet wide and 2 feet deep and is all rock so the water does not take the dirt along with it. The distance from the southwest corner of the garage to Mr. Aversa’s driveway is approximately 71 feet. Any water from Mr. Terry’s property goes into his ditch and into the ditch on West Oak Hill Road. Mr. Terry has planted a roll of pine trees and other trees to help with the water run off. 

 

Kathy Hedstrand said the Board appreciates the change in size of the garage. She said the Board had asked for dimensions of other garages in the neighborhood.  Randy said he could not tell the size of some of garages in the photos he had but thought some were in the 40’ x 40’ range.  The Board recently approved a 1200 SF garage for Mr. Bowers on West Oak Hill Road.  Randy reviewed the photos he took with the Board members.

 

Attorney Wright stated this project is exempt from SEQR as a          permanent structure less than 4000 SF.

 

Motion made by Kathy Hedstrand, seconded by Rick Keefer to approve the area variance for Lynn and Gail Terry, 3018 West Oak Hill Rd., Jamestown, NY for a 1200 SF detached garage.

 

Carried.                                Ayes – 6                         Noes – 0                        Absent – 1

 

Chairman Hoglin reopened the Public Hearing for Nicholas Ferreri, 14 Merlin Ave., W.E., Jamestown, NY for a setback variance to move the proposed building 10 feet to the north and be 5 foot from the residential district line.

 

A letter was placed on file (see file “ZBA – Nicholas Ferreri – Variance for Adult Daycare Center”) from David Stapleton, P.E., Attorney for Mr. Ferreri, requesting they withdraw this application from the agenda.  The Town Board’s rezoning of the back lot has made this application unnecessary.  Mr. Stapleton said the revised site plan is still pending in the Planning Board.

 

Chairman Hoglin opened the Public Hearing for Nicholas Ferreri, 560 Fairmount Ave., W.E., Jamestown, NY for a perpetual renewal of their Special Use Permit for Memory Garden.

 

Attorney Wright told the Board members the Town Board passed a local law, which gives them the power to extend the renewal periods beyond two years after the first two-year approval.

 

Mr. Stapleton requested this application be adjourned until next month’s meeting since NYS may not have yet confirmed the filing of the local law passed by the Town Board.

 

Motion made by Rick Keefer, seconded by John Merchant to table the request for a perpetual renewal of the Special Use Permit of Nicholas Ferreri for Memory Garden.

 

Carried.                         Ayes –6                                 Noes – 0                       Absent – 1

 

Chairman Hoglin opened a Public Hearing for Sara M. Bastion, 65 Houston Ave., W.E., Jamestown, NY for a variance to construct a second 24’ x 24’ garage with 0 foot setback from the road boundary.

 

Mr. Hoglin read a letter from Karyn Okerlund, Deputy Town Clerk, stating that on this date, Sara Bastion came into the Clerk’s Office and requested that her application to the ZBA be withdrawn. 

 

Randy said before that withdrawal the Town had received a letter from the County Planning with some very good insight.  He said that because of the notification to the neighbors, the neighbors got together and talked to the applicant and also filed a letter of opposition to this project with the Town Clerk.

 

Randy gave the Board members a copy of a letter he sent to Roger Penhollow, Real Estate Advantage, concerning a property owned by the Amvets on Fluvanna Avenue Ext., Jamestown, NY. They may wish to appeal the Code Enforcement Officer’s determination that the truck storage operation is excluded in a Shopping Center District.  Attorney Wright told the Board that the application had come before the Planning Board as a Sketch Plan Conference.  Mr. Wright told them there were zoning issues because it is prohibited in a Shopping Center District.  They have not yet applied for the determination.

 

Motion made by John Merchant, seconded by Rick Keefer to adjourn the meeting at 8:52 PM.

 

Carried.                     Ayes – 6                     Noes – 0                     Absent – 1

 

 

______________________________________

Valerie Pierce, Secretary