May 13, 1997

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 J= ULY 27, 2009 AT 7:00 PM.

PRESENT:= Chairman Steve Hoglin, Dave Remington, John Merchant, Kathy Hedstrand, Al

= Hendrickson, Attorney William Wright, Code Enforcement Officer Randy Woodbury and =

= Secretary Valerie Pierce

ABSENT: <= /span> Phil Pratt and = Jean Holton

Chairman Hoglin opened= the meeting at 7:00 PM and led the Board in the Pledge of Allegiance. Secretary Pierce called the roll.<= o:p>

Motion m= ade by Al Hendrickson, seconded by Dave Remington to approve the minutes of the Ma= rch 30, 2009 meeting.

&nb= sp;

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

&nb= sp;

Those intending to speak at tonight’s meeting were sworn in by Attorney Wri= ght.

&nb= sp;

Chairman Hoglin opened the Public Hearing for Sally Straka for the renewal of a Spec= ial Use Permit to have a myofascial trigger point therapy practice in her home = at 163 Avalon Blvd., W.E., Jamestown, NY.

&nb= sp;

Ms. Straka informed the Board that she wanted to renew her Special Use Permit that she has had since 2003.=

Secretary Pierce stated there was no corresponde= nce from neighbors. There were no neighbors in attendance. Randy Woodbury told the Board he h= as had no complaints and that Ms. Straka had been a model home occupation.&n= bsp;

Attorney Wright asked if Ms. Straka had made any= changes to the business since she had originally submitted the application. She told the Board that the number of patients has slowly increased but it was still= not a huge amount. Her typical sc= hedule on a busy week is three afternoons a week and on a slow week only one or two appointments. Ms. Straka trie= s to book appointments far enough apart so that there would be no overlap of vehicles. She tells her patie= nts that they have to park in her driveway and there is no on street parking. She is the only employee. Her business plan is still the sam= e for the next few years.

Randy suggested that she request a longer period= of time for the Special Use Permit renewal. Chairman Hoglin suggested a five ye= ar renewal, contingent on any changes. If there are any changes in her operati= on she would contact the Code Enforcement Officer. Ms. Straka requested that the permi= t be renewed for five years. If sh= e were to have someone else work with her she would move and not do this out of her home.

The Board did not have any other questions for M= s. Straka.

Motion m= ade by Al Hendrickson, seconded Dave Remington to approve the renewal of the Speci= al Use Permit for Ms. Straka for a myofascial trigger point therapy practice in her home at 163 Avalon Blv= d., W.E., Jamestown, NY for five years.

&nb= sp;

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

&nb= sp;

Chairman Hoglin opened the Public Hearing for Timothy Magnuson and Robert Ostrom for= the renewal of their Special Use Permit to operate a boarding home at 484 Fairm= ount Ave., W.E., Jamestown, NY.

&nb= sp;

Attorney Wright asked for a clarification from R= andy Woodbury because both of the applications for Timothy Magnuson and Robert Ostrom show as renewals of Special Use Permits. Mr. Wright said he knew because of= his attendance at the last Planning Board meeting that they are looking for a modification to the Special Use Permit for an addition to one of the homes.= Mr. Woodbury stated that the one for 504 Fairmount Ave. would renew as is and the one f= or 484 Fairmount Ave. would be renewed with modification. Randy said that he thought the application said that. The applications came in on one fo= rm and just read renewal. Randy did = fill out the form for the County referral that stated expansion to 484 Fairmount Ave., W.E., Jamestown, NY.&n= bsp; The applications were mistakenly published as just renewals and the notice to the neighbors did not say anything about an expansion. Attorney Wright said the Board cou= ld go through the Special Use Permit renewal but could not do the expansion since= the neighbors were not notified.

Randy said that he would like the applicants to = come in when they need to renewal. These permits have not been renewed since the early 1990s. He said that they had come in for a sketch plan conference and were asked if they were requesting any waivers on the 28 point checklist. They did not asked for any waivers= . The first point on the checklist i= s to have a plan stamped by an engineer and so the builder could not submit his = plan.

Attorney Wright said that the Board should do the two applications separately. =

Mr. Ostrom told the Board that they have two boarding homes. He stated tha= t they were under the impression that a notice would be sent when they had to renew their permit. Mr. Ostrom said regardless of if they should have been notified they will now put it on the= ir schedule and make sure they come in to renew. They are now requesting a ren= ewal for what they have been currently doing since 1984.

Mr. Ostrom stated that <= st1:address w:st=3D"on">484 Fairmount Ave., W.E., Jamestown, NY is the Dibert Home. They have= had this home since 1985. They pr= ovide room and board, housekeeping services, laundry services and transportation = to doctors. They usually have ab= out 10 people. They have had some pe= ople there 20 years and some that stay shorter periods of time. Their residents now age from 78 ye= ars to 104 years.   They provide marginal services because the people are independent. They currently have only one perso= n that drives and has a car.

Randy said that he did not have anything concern= ing the Dibert Home but had an issue with the Goodell Home. He said that he wanted to discuss = these peripherally concerning a safety issue.&nb= sp; The former fire chief asked if one of the pillars could be removed. Randy is recommending that be done in consideration of the renewal of the S= pecial Use Permit for the Goodell Home. &nbs= p; Mr. Ostrom said that he would prefer to move the pillars to widen the entrance to make it more aesthetically pleasing instead of removing one. That is the only entrance to the G= oodell Home. Safety is one of the bi= ggest factors in the renewal of these permits.   There was a fire at the Dibe= rt Home about five years ago and Randy said that they have taken care of all of the issues that needed to be done since the fire. Mr. Ostrom said that this operation is the same as it was in 1985.&n= bsp;

Attorney Wright stated this is a renewal of a Special Use Permit and is not subject to SEQR. No neighbors were in attenda= nce and the Town received no correspondence. The applicant will be looking for a modification on the Dibert Home renewal so there would be no reason to exte= nd the renewal period beyond 2 years. <= /span>

Motion m= ade by Al Hendrickson, seconded by Kathy Hedstrand to renew the Special Use Permit= for Timothy Magnuson and Robert Ostrom to operate a boarding home (Dibert Home)= at 484 Fairmount Ave., W.E., Jamestown, NY for a period of two years.

Carried.=         =             &nb= sp;   Ayes – 5   &nb= sp;            =              Noes – 0        =             &nb= sp;       Absent – 1

&nb= sp;

Chairman Hoglin opened the Public Hearing for Timothy Magnuson and Robert Ostrom for= the renewal of the Special Use Permit to operate a boarding home at 504 Fairmou= nt Ave., W.E., Jamestown, NY.

&nb= sp;

Mr. Ostrom stated they have 10 residents in the = Goodell Home. They have been operatin= g the same since 1984. This home wa= s in operation for approximately five years before that under Audrey Feather.

Randy said that he had nothing other then the widening of the driveway which was a request from the fire department. The fire department did not specif= y a desired width. Al Hendrickson= said they were not having any trouble with the turning width because there is a turning circle there but it was a matter of getting through the pillars.

Mr. Ostrom told the Board that someone had come = in concerning the slant of the drive leaving the home. Al said that at the time the State= road was built it was not built to their code.&= nbsp; The aprons are all too steep. Mr. Ostrom said they could take care of both at the same time.

Al asked if they could move the pillars an additional six feet.

Attorney Wright stated this application is not subject to SEQR and saw no reason that it could not be renewed for five yea= rs.

Secretary Pierce said there was no correspondence from neighbors. There were not neighbors present.

Motion m= ade by John Merchant, seconded by Al Hendrickson to approve the Special Use Permit renewal for Timothy Magnuson and Robert Ostrom to operate a boarding home at 504 Fairmount Ave., W.E., Jamestown, NY (Goodell Home) for a period of five years with the condition that the pillars in the front by the driveway be separated an additional six feet within one year.

&nb= sp;

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

&nb= sp;

Chairman Hoglin opened the Public Hearing for Richard and Anthony Benedetto for an a= rea variance to extend the blacktop parking area at 42 Dunham Ave., W.E., Jamestown, NY.

&nb= sp;

Mr. Hoglin asked Attorney Andrew Goodell, representing Mrs. Richard and Anthony Benedetto, if he had any other substantial changes to the application except for the change from 13 feet to 12 feet 6 inches. Mr. Goodell stated there were not. Attorney Wright asked if there were any other circumstances that have chang= ed since they appeared before the Board. Attorney Goodell said there were a few changes. They ran gravel out the 13 feet and= put bumpers in so the Board could drive by and see what it would look like. When Mr. Goodell had a conversatio= n with Mr. Wright they put cones out and blocked off the area. They also requested comments from = the neighbors since no one appeared for the first hearing. The letters are on file with the Board. They did ask their engineers, the surveyors and their current occupant (Family Health Services= ) to evaluate whether or not they it would be feasible to put additional parking= on the lot the applicant owns just to the south of this property. They all said it is not a practical alternative because there is a significant hill and the patients that go to= the Family Health Center have limited mobility. The co= st would be about $40,000. The engineer said that if additional parking were t= o be put on the upper level it would create different drainage issues. The small expansion that they are suggesting in front of the Family Health Services would be easily accommoda= ted by the current drainage.   The applicant feels that the additional substantial information is consistence = with their request to have the additional 12 parking spaces. They have had extremely positive feedback about the Family Health Services and because they do a great job t= hey need additional parking.

The original application asked for 13 parking spaces.

Attorney Wright stated that when an applicant co= mes back before the Board on the same or similar request the law provides that = the Board of Appeals has discretion to be able to make a determination as to whether or not there was a significant change in the circumstances and if n= ot to rely on its past determination. The Board could make a motion to rely on the past determination on t= he basis that they have not presented changing circumstances to justify the new application.

Kathy Hedstrand asked if the change from 13 to 12 parking spaces would be a significant change. Attorney Wright stated he did not = feel it was. Randy stated that the applicant would have to show the 12 parking spaces on the revised site plan. = Kathy said that when she was at the site she noticed there were 14 actual cement parking stops that would normally denote where there would be parking spaces. She asked if they had= an actual layout of where the parking spaces would be. Her concern was that the one that = was closest to their driveway. She thought there would be viewing problem with the people coming in front of t= he building and wanting to exit. If there is a car on the corner they will not be able to see an incoming car.<= span style=3D'mso-spacerun:yes'> Mr. Benedetto said they could easi= ly pull that space out.

Mr. Benedetto told the Board that when they were= in the first time they did not know they did not have all of the needed informatio= n. They did not realize that the lot = they owned to the south would have anything to do with the first request.

&nb= sp;

Mr. Wright said the threshold question for the B= oard is whether or not they want to make a determination that there are signific= ant changes and go on with the full hearing or make a motion that there have not been and the circumstances have not changed and to rely on their past determination.

Motion m= ade by Al Hendrickson, seconded by Dave Remington to go on with the hearing for th= is request.

&nb= sp;

Carried.=         =             &nb= sp;    Ayes – 4   &nb= sp;            =           Noes – 1 (Hoglin)        =            Absent – 2

&nb= sp;

Mr. Hoglin asked the applicant if they had any o= ther information.

Attorney Goodell said that the ultimate determin= ation on an area variance is whether the benefit to the applicant exceeds the detriment to the community. T= hey feel they have shown that the benefit to the neighborhood and Town will be great. The facility has been = a huge asset to the community.

Kathy does have a concern about the amount of traffic because it will get busier. Randy said they may have to add more parking to the south. Mr. Benedetto stated that the buil= ding itself is “maxed out” as far as office space. With the parking they are requesti= ng in the front it will fit the needs just fine. There will be no more additions. Kathy said if the patient load increases the people might be forced to park on the road. Mr. Benedetto said that he thought= if that happened they would have to extend the hours. They are currently closed one day a week. Al said that = the last thing they would want is to force people to park on the road and sugge= sted the Town should address parking in the code. Mr. Wright said that if parking wo= uld have been addressed in the code this would have been avoided because the Planning Board would have looked at the parking at the time this building w= as built.

Attorney Goodell said that fortunately the sight distance is good at the location. That is an important safety factor.= If they moved the cars down it would improve the sight distance as well. Kathy did make the recommendation that they eliminate the parking spaces on the end.

There was a discussion on the width of the parki= ng spaces. Kathy asked if the applicant would consider eliminating the parking by one more space. Mr. Benedetto said they would if i= t were a safety issue.

Attorney Wright reviewed section 267 B of the To= wn Code and the five criteria for the approval of an area variance.

Secretary Pierce stated the Town had not received any comments from neighbors. = There were no neighbors present for the public hearing.

Chairman Hoglin asked about the parking that is currently down below. Mr. Benedetto told the Board that parking is for the staff. Randy said there is la= nguage in the approval from the Planning Board relative to the parking down there. He said that he will l= ook into it and will enforce that. Attorney Wright said that his recollection is that there could be two vehicles parked there and clearly no patient parking.

Mr. Goodell told the Board his notes from the fi= rst meeting said: gravel driveway normally required paved waived because of low frequency and no routine parking.

Motion m= ade by Al Hendrickson, seconded by Dave Remington to approve the area variance for Richard and Anthony Benedetto at 42 Dunham Ave., W.E., Jamestown, NY contin= gent on making 11-nine foot parking spaces instead of 12 parking spaces.

&nb= sp;

Carried.=         =             Ayes - 4        =             &nb= sp;    Noes – 1(Hoglin)  &= nbsp;            Absent – 2

&nb= sp;

Motion m= ade by Kathy Hedstrand, seconded by John Merchant to adjourn the meeting at 8:03 P= M.

&nb= sp;

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

&nb= sp;

&nb= sp;

&sh= y;&sh= y;_______________________= ______________

Valerie Pierce, Secretary