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 30,
2003 AT 7:30 P.M.
PRESENT: Chairman Al Suchar, Steve
Hoglin, John Merchant, Angelo Cimo and Code Enforcement
Officer Randy Woodbury
ABSENT: Kevin Saff, David
Remington, and Patricia Martonis
Chairman Suchar called the meeting to order at 6:30
P.M. Secretary Pierce called the roll.
Chairman Suchar swore in every one that would be
testifying at this public hearing.
Mr. Suchar reopened the public hearing for Elizabeth
Nord for a permit to operate a ballet studio at 29 S. Chicago Ave., W.E.,
Jamestown, NY.
Ms. Nord told the Board members that she had
intended to meet with the Planning Board and also with Chautauqua County
Planning Department but had not been able to do so. She was told by Chautauqua
County Planning that they could not help her until she had approval from the
Town of Ellicott.
Pat Martonis entered the meeting at 6:35 P.M.
Ms. Nord provided the Board with photos of the
property. She had parked cars along the property and in the driveway and feels
that she could park up to 10 cars. She has had conversation with the Town
Highway Superintendent concerning the parking. Ms. Nord is willing to limit her
classes to 2 days a week with 3 classes per day and have 30 minutes between the
classes to eliminate double traffic when the classes are changing. Ms. Nord asked her neighbors to fill out a
questionnaire and all the neighbors were in favor of the use of the property.
Chairman Suchar stated that Ms. Nord had been
granted a special use permit to operate the photography studio. Ms. Nord told the Board that she would be
willing to have them issue the special use permit for only one year and than
come back and review the situation.
Mr. Suchar told the Board he had discussed this
application with Attorney Wright. Mr.
Wright did not feel this could be considered a home occupation and Ms. Nord
would have to request a use variance.
Mr. Suchar explained that the criterion for a use variance is very
difficult to meet and suggested that Ms. Nord hire an attorney to help with the
process. Mr. Woodbury agreed that this should be a use variance and he said he
would be willing to help Ms. Nord in the process. She will talk with an
attorney and return to the July meeting.
JUNE 30, 2003
PAGE TWO
John Merchant asked Ms. Nord if she would purchase
the property even if she did not get approval for the variance. She said she had purchased the property.
Chairman Suchar opened the public hearing for Kathleen
Hofgren for the renewal of a 2-year special use permit to operate a beauty shop
at 2680 Horton Rd., Jamestown, NY.
Mr. Suchar asked Mrs. Hofgren if there had been or
would be any changes and she stated there had not been any changes in 16 years
and she would not be changing anything with this renewal. There have been no complaints to the Town of
Ellicott and there were no neighbors present. There were no other questions
from the Board members.
Motion made by Steve Hoglin, seconded by John
Merchant to approve the renewal of a 2-year special use permit for Kathleen
Hofgren, 2680 Horton Rd., Jamestown, NY to operate a beauty shop under the same
conditions as previously approved.
Carried.
Ayes-5 Noes-0 Absent-2
Chairman Suchar opened the public hearing for Theodore
Gonzalez, 3538 Fluvanna Townline Rd., Jamestown, NY for a variance to construct
a second garage in a residential zone.
Mr. Gonzalez told the Board that the new garage
would be 24’ by 24’ and that he had torn down a pole barn that was 20’ by
32’. He already has a 2-car garage
attached to the house. The new garage will be sided to match the house next
year. The garage will be to park his truck and for storage. Mr. Gonzalez said
he had not contacted any neighbors.
There were no neighbors present.
Ang Cimo asked Mr. Gonzalez the size of his
property. Mr. Gonzalez said he had 600
feet of frontage and his property goes back over 225 feet. The closest the new construction would be to
any neighbor would be 600 feet.
Mr. Suchar asked Mr. Woodbury for comments. He
provided a photo of the property. Mr.
Woodbury said that this was a replacement building in an agricultural-residential
district. He reminded Mr. Gonzalez that
he would have to side the garage within one year.
The Board members reviewed the criteria for an area
variance and considered the benefit to the applicant as weighed against the
detriment to the health, safety and welfare of the neighborhood.
Attorney Wright entered the meeting at 6:55 P.M.
The Board
members considered:
1)
there
would be no undesirable change to the character of the neighborhood
2)
the
benefit sought by the applicant could not be achieved by any other method –he
needs the storage space
JUNE 30, 2003
PAGE THREE
3)
the
proposed variance does not seems substantial since Mr. Gonzalez is replacing a
20’ by
32 ‘ building with a 24’ by 24’ building
4)
the
proposed variance will not have an adverse effect on the environmental
conditions in
the neighborhood
5)
this
is not self-created since the other building’s roof caved in Mr. Gonzalez is
replacing the building he had to tear down
Mr. Gonzalez took time to complete a short form EAF.
Chairman Suchar opened the public hearing for Lee
and Wendi Lodestro, 3005 Moon Rd., Jamestown, NY for a second garage in a
residential zone.
Mr. Lodestro explained to the Board members that he
wanted to build a 2 ½-car garage that will match the house. They already have
an attached 2-car garage. They will use the second garage for storage and a
third vehicle. John Merchant asked how close to the property lines the garage
would be and Mr. Lodestro stated 70 feet. The Lodestros have 4 acres and are
under contract to purchase the neighboring property that is 13 ½ acres.
Mr. Suchar asked what they were going to do with the
other property. The Lodestros want it
for privacy so no one can build right next to them.
Mr. Woodbury provided photos of the property. Mr. Lodestro did not have a drawing of the
property or garage. Mr. Lodestro said
all the neighbors were in favor of the construction. There were no neighbors present at the meeting.
Mr. Lodestro took time to draw a sketch and fill out
an EAF form.
Mr. Gonzalez returned with the completed EAF. Attorney Wright stated that this action does
not exceed any Type I Threshold and will not receive coordinated review. The Board members continued with Part IIC
and did not note any adverse environmental effects.
Motion made by Angelo Cimo, seconded by Steve Hoglin
to have Chairman Suchar check the box that they have determined this proposed
action will not result in any adverse environmental effects and authorize him
to sign the form on behalf of the Zoning Board of Appeals.
Carried. Ayes – 5 Noes-0 Absent-2
Motion made by Pat Martonis, seconded by Steve
Hoglin to approve the area variance for Theodore Gonzalez for a second garage
at 3538 Fluvanna Townline Road, Jamestown, NY.
Carried. Ayes-5 Noes-0 Absent-2
ZONING BOARD OF APPELAS
JUNE 30, 2003
PAGE FOUR
Mr. Lodestro returned with a sketch to show the
Board where the property lines were and where the new garage is going to be on
the property.
The Board had reviewed the criteria for an area
variance. Mr. Suchar asked Mr. Lodestro if there were any other method to
achieve this and he stated that his equipment needs to be stored inside so he
needs the additional building.
Mr. Woodbury stated that this project did not need
Chautauqua County Planning review.
The Board reviewed the EAF that Mr. Lodestro had
completed. Attorney Wright said this
proposed project does not exceed any Type I threshold and will not receive any
coordinated review. The Board determined this proposed project would not result
in any adverse environmental effects.
Mr. Gustafson told the Board members they were going to build a studio apartment over the 4-car garage. This parcel is very unique since they border the City of Jamestown and there are two paper streets. Mr. Gustafson did not think that he should have to have a variance for the garage since they were building a residence. Mr. Woodbury explained to Mr. Gustafson that the code allows only a 2-car garage as an accessory building.
Mr. Suchar said that the application did not show they were building an apartment. He stated he had received several phone calls opposing this project and since the County Planning Department had not made their comments and the Board could not make any determination he said the neighbors would be at the next meeting. Mr. Woodbury asked if they had a rendering of the building and they did not.
ZONING BOARD OF APPEALS
JUNE 30, 2003
PAGE FIVE
Attorney Wright asked if the garage was now going to be for the apartment use and Mr. Gustafson replied that it would also be used for storage for himself and Mr. Paterniti. Mr. Wright said that the size of the garage was an issue as well as the fact it would not be used as a primary use or accessory building for the primary residence.
Mr. Paterniti told the Board that he thought this was ridiculous and they only wanted to use the garage for storage of snowmobiles and jet skis. Diane Paterniti asked what had to be done to get approval.
Chairman Suchar told them the Board could not make any decision without the comments from the Chautauqua County Planning Department. They will table this until the July meeting after they get comments from the County.
Mr. Woodbury stated that this is certainly a unique parcel and that the Board could request that the County Board do a more extensive review. Mr. Gustafson said he could attend the County Planning meeting but said the Zoning Board should consider some options.
Mr. Suchar opened the public
hearing for Vince Donisi, 1885 Willard Street Ext., Jamestown, NY for a set
back variance to build a porch in front of his house.
Mr. Donisi explained that he had stopped construction of the porch and had applied for the variance and also sent the application to the Chautauqua County Planning Department. The Town received a card dated June 20, 2003 stating they were reviewing the project.
There were no neighbors present for this public hearing.
The Board tabled this application until the July meeting and they receive comments from the County.
Chairman Suchar opened the
public hearing for Ray C. Dorman for a variance for set backs to construct a
house on Lakeside Blvd.
Jonathan Taber, Esquire, attorney for Mr. Dorman provided handouts for the Board members that included a sketch of the property and location of the house. They provided photos of the land and neighboring structures. Mr. Taber told the Board members that Mr. Dorman wanted to construct a 2-story single-family residence on the site. The building will encroach on the 25 foot required set back along Wicks Ave. He wants to build as close to Wicks Avenue as possible to stay away from the drainage ditch on the other side.
Mr. Taber reviewed Section 267B of the Town Law and stated that the benefit to the applicant outweighs the detriment to the neighborhood. Without the variance Mr. Dorman would not be able to build his home because it would be to close to the drainage ditch.
ZONING BOARD OF APPEALS
JUNE 30, 2003
PAGE SIX
When going over the criteria Attorney Taber noted:
1) the granting of this variance will not cause any undesirable effect to the neighborhood – it will enhance the neighborhood and there are other homes in the area that encroach on the set backs
A letter was received from John and June Federko, 102 Lakeside Blvd., stating they do not object to the building of Mr. Dorman’s home within the required setbacks.
2) there are no other feasible alternatives - the drainage ditch would be too close to the house-the house could be built smaller but than would be useable only as a cottage – Mr. Dorman wants a year round residence
Pat Martonis asked Mr. Dorman if he planned to live here year round since the address on the application was a Florida address. Mr. Dorman told the Board he had sold his home in Florida and would be here year round.
3) this is not a substantial variance because Wicks Avenue is a paper street
4) this variance will not have any adverse effects on the environment – it will not create any traffic or health issues – the physical impacts will be positive
5) this is not self-created – the property is oddly shaped and there is an existing drainage ditch
Attorney Taber stated he believes this project is exempt from SEQR.
The Town of Ellicott received a letter from Chautauqua County Planning Department stating they feel this is predominantly a matter of local concern and there should be little adverse countywide inter-municipal effects. They did recommend:
1) any necessary access changes be designed to standards to minimize potential traffic safety
problems
2) assurances be received to minimize storm water drainage problems
Mr. Woodbury asked if the purchase of the property is contingent on the approval of this variance. Mr. Dorman said it was. Mr. Woodbury also told the Board that the title search has not been reviewed and that when Mr. Dorman applies for the building permit he will disclose any issues.
Chairman Suchar asked Mr. Dorman if he had any building plans for the house and Mr. Dorman said he did not. Mr. Suchar explained to Mr. Dorman and Mr. Taber that the Board did not usually approve any variances without seeing some plans. Mr. Dorman did not want to go to the added expense without the variance approval.
There was discussion on if there were any Lake regulations and it was decided there were not. Both Attorney Wright and Attorney Taber stated they knew of no other regulations other than local approval. The Chautauqua County Planning Board was the only other agency involved and they already submitted their comments.
ZONING BOARD OF APPEALS
JUNE 30, 2003
PAGE SEVEN
Mr. Suchar asked Mr. Woodbury if he had any other comments. Mr. Woodbury said this property was unique because of the drainage ditch. He did not want to see the Northwest corner of the house any closer that the 50 feet and would like the Town to get a copy of the title search. Mr. Woodbury clarified that the drainage ditch was for Southwestern School and Aldi’s and Mountain Carpet not for Wegmans.
Mr. Dorman explained that the house would be a 2 story, 3-bedroom home with the roofline parallel to the lake. It will be sided with aluminum and brick. The cost will be approximately $200,000.
June Federko, 102 Lakeside Blvd., Jamestown, NY, told the Board members that she had no objections to the variance. She asked about the surrounding trees.
John Federko, 102 Lakeside Blvd., Jamestown, NY, stated that he was in favor of getting the property on the tax rolls and that this would only improve the neighborhood and the Town should allow Mr. Dorman to build his home closer to Wicks Avenue.
Attorney Wright reminded the Board that they should grant the minimum variance possible and does not think that they can determine that without plans. The applicant needs to prove there is no other way to achieve this without the variance.
Attorney Taber said that the Board should consider the shape of the lot and the way it is situated to the lake. Mr. Dorman could not situate the house any other way without losing the view of the lake.
Attorney Wright had concerns with the drawing and lack of scale. The Board members were in agreement that they needed more definite plans before they could comfortably vote on this application.
Attorney Taber asked to confer with his client.
Chairman Suchar opened the public hearing for Wesley Sly for a front yard set back to construct a cottage on Lakeside Blvd., Jamestown, NY. Mr. Sly was sworn in.
Mr. Sly explained to the Board members he wanted to construct a 900 SF cottage on this 52-foot deep vacant lot. He said that he did not have any drawings and would have something for the Board at the next meeting.
The Chautauqua County Planning Board sent a letter that they are reviewing Mr. Sly’s application. The Zoning Board cannot act until they receive the comments from the County.
June Federko, 102 Lakeside Blvd., W.E., Jamestown, NY told the Board she was in favor of Mr. Sly building and she had talked with the neighbors and they have no objections. It would be an improvement to the neighborhood.
ZONING BOARD OF APPEALS
JUNE 30, 2003
PAGE EIGHT
Mr. Woodbury told the Board that Mr. Sly had an order to remedy for some other issues that needed to be addressed.
This application will be tabled until the Zoning Board receives comments from the County. Mr. Sly will work with Mr. Woodbury and have some plans at the next meeting.
Attorney Taber said that his
client, Mr. Ray Dorman, would like to withdraw his application.
Chairman Suchar opened the public hearing for Fred LoFaso, agent for Montana Mills Bread Co., for front setbacks on the East and West sides of the property at 944-056 Fairmount Ave., W.E., Jamestown, NY. Mr. LoFaso was sworn in.
Mr. LoFaso explained that the applicant needed revisions to the approved area variances that had been previously approved. Mr. LoFaso stated the Board had approved four variances and now they need only two. They are under contract to purchase Holland’s land and they would eliminate the east variance by eliminating parking and the west variance by combining the parcels. They need to maintain the southeast corner variance. Mr. LoFaso told the Board members that Krispy Kremes had acquired Montana Mills Bread Co. They have eliminated the entrance onto Fairmount Avenue and added a driveway onto Wicks Avenue.
Mr. Suchar asked Mr. LoFaso if he had heard anything from Brian Taylor, 22 Wicks Ave., who had objections to the last site plan. Mr. Lofaso said he had not.
There was discussion on the parking and traffic flow. Attorney Wright reviewed Section 146-36. After discussion it was determined that the applicant needs three variances.
1) a west side variance from 30 feet to under 1 foot
2) an east side variance form 30 feet to 6.75 feet
3) a front set back from 30 feet to 25 feet.
Mr. Suchar asked if they would be willing to eliminate some of the parking spaces and Mr. LoFaso stated they would eliminate parking space #18 which would change the west side variance from 30 feet to 9 feet.
Attorney Wright told the Board members this project was exempt from SEQR. There is an issues with what is parking and what is driveways. Mr. LoFaso said they couldn’t move the building back because of the grades, utilities and retaining wall.
Motion made by Pat Martonis,
seconded by Ang Cimo to grant the front setback variance from 30 feet to 25
feet for the property at 944-956 Fairmount Ave., W.E., Jamestown, NY owned by
Lamparelli Properties Inc.
Carried. Ayes-5 Noes-0 Absent-2
ZONING BOARD
JUNE 30, 2003
PAGE NINE
Motion made by Al Suchar,
seconded by John Merchant to grant a west side variance from 30 feet to 21 feet
for the property at 944-956 Fairmount Ave., W.E., Jamestown, NY owned by
Lamparelli Properties Inc.
Carried. Ayes-5 Noes-0 Absent-2
Mr. LoFaso was asked how large the dumpster was and if they could put some additional green space there. Mr. LoFaso said the dumpster was shown larger on the plans and he would try to get more green space in that area.
Motion made by Al Suchar,
seconded by John Merchant to grant an east side variance of 23 ½ feet along the
southeast corner near parking spaces # 13 and # 14 going back to the dumpster
area at 944-956 Fairmount Ave., W.E., Jamestown, NY owned by Lamparelli
Properties Inc.
Carried. Ayes-5 Noes-0 Absent-2
Motion made by Pat Martonis,
seconded by Steve Hoglin to adjourn the meeting at 9:10 P.M.
Carried. Ayes-5 Noes-0 Absent-2
______________________________________
Valerie Pierce, Secretary