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 JUNE 28,
2004 AT 7:30 P.M.
PRESENT: Chairman Steve Hoglin, David
Remington, Kevin Saff, John Merchant, Pat Martonis, Richard Keefer, Attorney
William Wright and Code Enforcement Officer Randy Woodbury, Secretary Valerie
Pierce.
ABSENT: Ang Cimo
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 opened the
public hearing for Mr. And Mrs. Randy Ross, 2199 Camp St. Ext.,
Jamestown, NY
for a variance to construct a second 2-car detached garage with an existing
attached 2-car garage.
Board member Ang
Cimo entered the meeting at 7:32 P.M.
Mr. Ross provided a tax
map, photos of the property and of the proposed garage and explained his plans
to the Board members. The garage will be 24’ X 28’and will be sided to match
the house. The garage will be used for
a third car and storage. Neighbors had
been notified and no one appeared. Neighbors have talked to the Ross’s and see
no problem the construction of this garage.
Attorney Wright asked
about the setbacks. Mr. Ross said they
would be 20 ft from the west line, and 90 feet from the east line. The front
will be 140 feet from the line and the back will be 186 feet.
Mr. Woodbury had no
comments.
Mr. Wright said the
applicant would need two variances. In
a residential-agricultural district under the code you can have a dwelling with
an attached or detached garage. The
garage can hold up to three cars and can have 1000 SF of area. Mr. and Mrs.
Ross need a variance for a second garage and a variance for the square
footage. Their total square footage for
the two garages will be 1248 SF.
Attorney Wright reviewed
the criteria for an area variance. The
project is exempt from SEQR.
Motion made by
Kevin Saff, seconded by John Merchant to approve the area variance to grant a second
garage to Randall Ross, 2199 Camp St. Ext., Jamestown, NY not to exceed 24’ x
28’. ‘
Carried. Ayes-7 Noes-0 Absent-0
ZONING BOARD
OF APPEALS
JUNE 28, 2004
PAGE TWO
Chairman Hoglin opened the
public hearing for Lawrence Bowers for a 2
story, 1120 square foot 2-car garage to be built on West Oak Hill Rd,
Jamestown, NY. A house will be built in
later years. The lot is 5.7 acres. The
second floor will be used for storage.
Mr. Bowers told the Board
he wanted to build a garage and then the house but could not complete the
project in one year. It would probably
be three years.
Attorney Wright explained Mr. Bowers standing before the Board.
This is not an application for an area or use variance. The code says you
cannot have a garage unless it is an accessory building and the Building
Inspector can allow the owner build the garage first. Mr. Wright feels the Board has to consider this as an appeal from
a decision by the Building Inspector on a denial of the code.
Mr. Bowers showed photos
of the property. Pat Martonis asked why he could not build the house within a
year’s time. He explained that he is
paying for the garage and does not want to commit to large payments. Mr. Hoglin
asked what the advantage is in building the garage three years early. Why not build closer to the time he can
build the house. Mr. Bowers stated he
has the money and a builder is willing to build now. Mr. Bowers was asked if he could provide plans for the house with
the garage.
Attorney Wright said that
if this garage were built three years earlier than the house, this would fall
into a use variance. Mr. Woodbury
agreed. Mr. Wright suggested that Mr.
Bowers preset plans for the house and garage as a total package it would be in
Mr. Woodbury’s authority to extent the time for the building and there would be
an enforcement tool. Mr. Woodbury
explained that if they build the garage now and the house is not built within
the agreed time the occupancy permit for the use of the garage would be
revoked.
Attorney Wright asked Mr.
Bowers if he would like the Board to consider an area variance for the square
footage of the garage. Mr. Wright stated the criteria for the variance are in
267B of the Town Law and have been reviewed and this area variance is exempt
from SEQR.
Mr. Hoglin asked if any
Board members had questions. The Board
members were comfortable having Mr. Woodbury review the total plan.
The Board made
a determination to uphold the findings of the building inspector that a garage
cannot be built without a commitment to build a house.
Motion made by
Dave Remington, seconded by Pat Martonis to approve the application for an area
variance for Lawrence Bowers for a 1200 SF garage on West Oak Hill Rd.,
Jamestown, NY and that he abide by the building inspector’s decision on
building his house.
Carried. Ayes-7 Noes-0 Absent-0
ZONING BOARD
OF APPEALS
JUNE 28, 2004
PAGE THREE
Chairman Hoglin reopened
the public hearing for Mr. & Mrs. Robert
Garretson, 3533 Lake St., Jamestown, NY for a 24’ x 32’ garage with setbacks
less than 5” from the property lines.
Mr. Garretson said at the
last meeting the Town agreed to fine out who owned the paper street behind
their property. He was asked if he
could get a maintenance agreement from Dr. Joseph Griffo.
Mr. Garretson decided not
to get a maintenance agreement and asked the Board to grant a variance for a
22’ x 24’ garage that would put the garage on the property line. All the other setbacks would be within
code. They have a parking lot that goes
to where the garage would start.
The garage would be sided
to match the house. There would be a
pitch on the roof for a loft and the space would be used for storage. They have talked to the neighbors and they
do not have any problem with building the garage.
Rick Keefer asked if it
had been determined who owned the property in back. Mr. Woodbury said he needed the title search in determine that
and on the survey map there was a reference given to the South and Center Sewer
District. There are other easements on
the property but not in the paper street.
Mr. Garretson did not have his title search. Mr. Wright explained that there might be no way to know who owns
the land.
Attorney Wright stated
that the Board is looking at an area variance that requires a 5-foot setback
and the applicant is asking for 0. The
criteria have been reviewed. The easement
is not an issue for the zoning board.
The issue is the owner of the back parcel and if they have been
notified. If the applicant were to
build right up to the property line (with the fire code requires 10 feet
between buildings) it would prohibit the owner from building within 10 feet of
the property line.
Mr. Garretson said the
paper street is now used for children to play ball. Dave said he would like to know for sure if the owner has been
notified. Kevin said that the two neighbors
to the west have built garages right on the line. John asked if there was a
possibility of moving the parking lot and Mr. Garretson said he would not have
a parking lot.
Mr. Woodbury said he would
like to see the title search. He feels
the 0 setbacks in the back would make it safer for any fire equipment to get
through. Mr. Hoglin asked if it owner
could be determined. Mr. Woodbury said
that should be determined with the title search.
Rick Keefer said he
thought the owner of the property would be determined and stated that even
though other neighbors never got permits to build the Board should not grant
variances and continue to “muddy up the waters”. John Merchant asked Mr. Garretson if he was on a time
schedule. Attorney Wright said if this
is held over they might not have any better information because the owner of
the property might never be determined. Chairman Hoglin asked Mr. Garretson if
he wanted the Board to go to a vote.
Mr. Garretson said he did.
JUNE 28, 2004
PAGE FOUR
Motion made by
John Merchant, seconded by Kevin Saff to approve the rear from 5 feet to 0
setback for Mr. Robert Garretson 3533 Lake St., Jamestown, NY for a 22’ x 32’
garage.
Denied. Ayes-3 Noes-4 Absent-0
Steve Hoglin,
Dave Remington, Pat Martonis and Rick Keefer voted no.
Chairman Hoglin opened the
public hearing for Thomas Pudelski for a
variance for a side yard setback reduction from 5 feet to 2.7 feet to build a 10-foot
addition to the existing house at 2746 Denslow Ave., Jamestown, NY.
James Fuchs,
representing Mr. Pudelski, was sworn in.
Mr. Fuchs told the Board
this is a summer cottage for the owner and he would like to add a 10’ x 10’
addition for a bathroom. He has done a
lot of renovation on the house.
Attorney Wright said this seems to be a continuation of a line of a
building that is already non-compliant.
Mr. Woodbury agreed it is an increase of a pre-existing non-conforming
condition.
Attorney Wright stated
this Board does not have the authority to approve a variance less than 10 feet
between buildings. Douglas Birath owns
the property next door and stated there is not 10 feet between the
buildings. Pat Martonis had been up to
the property and told the Board they are renovating the property but there is
no room between the buildings. The
Board can approve the variance but the building and fire code would not permit
building closer than 10 feet.
Mr. Fuchs asked if the
building materials would make a difference.
He could go on to the State and request a variance. Rick Keefer asked if neighbors are notified
of that hearing. Mr. Woodbury said they
were not notified.
Attorney Wright said that
the Board has been requiring maintenance from the neighbor. Pat said
she could not see building closer in this area. She would be concerned
about the health and safety of the neighborhood. Mr. Fuchs was asked if his client would consider moving the
building over 2 ½ feet so he would not require an area variance for the
addition. Mr. Wright told the Board
members this is an area variance with the same criteria and is exempt from
SEQR. Mr. Fuchs requested the Board table this application so he could talk to
Mr. Pudelski.
Motion made by
Rick Keefer, seconded by Ang Cimo to table this application for Mr. Pudelski.
Carried. Ayes-7 Noes-0 Absent-0
Motion made by
Dave Remington, seconded by Pat Martonis to adjourn the meeting at 8:57 P.M.
Carried. Ayes-7 Noes-0 Absent-0
_________________________________________
Valerie Pierce, Secretary