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 AUGUST
11, 2003 AT 7:30 P.M.
PRESENT: Chairman Al Suchar, David
Remington, Kevin Saff, Steve Hoglin, Angelo Cimo, Patricia
Marrtonis, Attorney William Wright and Code Enforcement Officer Randy
Woodbury
ABSENT: John Merchant
Chairman Suchar called the meeting to order at 7:30
P.M. Secretary Pierce called the roll.
Attorney Wright 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 send a letter to the Zoning Board
requesting that this application be tabled until the September meeting.
Chairman Suchar reopened the public hearing for Kurt
Gustafson and Greg Paterniti for a 4-car garage and set back variance at the
corner of Glenwood and Homestead, Jamestown, NY.
A letter was received from the applicant requesting
a continuance concerning their application for their variance.
Mr. Suchar stated that he received phone calls from
residents and they were coming to this meeting. The Board will hear from them
when they arrive.
Chairman Suchar reopened the public hearing for Vince
Donisi, 1855 Willard Street Ext., Jamestown, NY for a set back variance to
construct a porch.
Mr. Donisi was not present. Mr. Woodbury said he had
not heard from Mr. Donisi. Because of
the requests from the previous applicants to table the Board decided to move
his application down on the agenda and give Mr. Donisi time to arrive.
Mr. Suchar reopened the public hearing for Westley
Sly, Lakeside Blvd., W.E., Jamestown, NY for a front yard set back variance to
construct a cottage.
Mr. Sly wants to build a 900 SF cottage and is
requesting the cottage be build 31.5 feet from the middle of the road. Mr. Sly
would need an 18.5-foot variance. Both
neighbors are closer to the road than what Mr. Sly will be. Mr. Sly provided
photos of similar cottages to show the Board what he will be building.
AUGUST 11, 2003
PAGE TWO
The Town has received the Chautauqua County
municipal referral for this project and they stated there should be little
adverse countywide or inter-municipal effects.
Mr. Woodbury explained he issued an order to remedy
to Mr. Sly for a violation of use of the property. In 1996 Mr. Davies had an enforcement action against Mr. Sly and
the result of that action was that Mr. Sly removed a motor home from the
property. Mr. Sly camps with a travel
trailer and have a shed with an electrical connection. There are no water or sewer connections. He
did not realize that a camper would not be permitted. He has a portable rental toilet on the property.
Mr. Woodbury asked if the property was for sale
because he had an inquiry on it. Mr.
Sly said it was not and he intended to build the cottage. It will be a summer cottage used for 4 or 5
months of the year.
Attorney Wright asked if Mr. Sly would consider
moving the porch to the side so he would need only a 10-foot variance instead
of 18 foot. Discussion followed. He
asked if they could put up an awning.
Mr. Woodbury stated some awnings are compliant but it could not be built
over any structure. Kevin Saff stated that the Board should consider that Mr.
Sly’s neighbors on both sides would be closer to the road than he would.
The Board members reviewed the criteria for an area
variance and noted that:
1)
the
proposed project would not create an undesirable change to the neighborhood –
the
neighbors on both sides are closer to the road than Mr. Sly would be
2)
there
was another method to reduce the size of the variance – Mr. Sly agreed to move
his
porch to the side of the cottage
reducing the variance request to 10.5’ instead of 18.5’
3)
the
variance was substantial but was reduced by moving the porch
4)
the
proposed project will not have adverse effects on the neighborhood
5)
the
action is self-created
Mr. Sly will connect to the water and sewer. Steve
Hoglin asked if the electric service would come into the cottage and Mr. Sly
said it would.
Motion made by Kevin Saff, seconded by Steve Hoglin
to approve a 10.5-foot front yard set back variance for Westley Sly for his
property on Lakeside Blvd., Jamestown, NY with the stipulation that the plans
be changed to remove the 8 foot porch and move the cottage 8 foot closer to the
lake.
Carried. Ayes-6 Noes-0 Absent-1
Mr. Sly will remove the trailer and portable toilet
immediately and commence building within a month.
ZONING BOARD OF APPEALS
AUGUST 11, 2003
PAGE THREE
Mr. Vince
Donisi was sworn in. He thought the Board was waiting for comments
from the County.
Mr. Woodbury told the
Board that he has an enforcement action pending against Mr. Donisi.
He issued a permit for the interior work but the porch was not on the
plans. He could not issue a permit for
the porch because it is not compliant.
Mr. Woodbury said the applicant needs a 10 foot variance and Mr. Donisi
told the Board he thought he needed only four feet. A disagreement-followed betweent Mr. Woodbury and Mr. Donisi
concerning the permit application and the variance needed.
Attorney Wright said the
Board needed to address the variance. Mr. Woodbury stated according to his
measurements Mr. Donisi needed a 10-foot variance.
Mr. Suchar told the Board
the Town had received the comments from the County and they stated this
proposed project should have no countywide or inter-municipal effects.
Mr. Frances
Travis, 1878 Willard St. Ext., Jamestown, NY told the Board the
Town should go by the rules and regulations. If they change them for one person
they would have to do it for others. He told the Board he has lived in the area
for 45 years and never had trouble with neighbors.
Attorney Wright asked Mr.
Travis if the porch would create any traffic or safety issues. Mr. Travis said
there are some problems with 4 wheelers and the cars travel too fast and make
it dangerous.
Dave Jaszcz,
1942 Buffalo St. Ext., Jamestown, NY stated he has issues with
the construction equipment on the property.
He feels Mr. Donisi is running a business out of the property.
Chairman Suchar asked Mr.
Donisi if he had a permit to run a business.
He does not. Mr. Donisi told the
Board that he uses the equipment for the work on the house. Mr. Woodbury told the Board that he felt he
had a good faith agreement with Mr. Donisi and was progressing in getting the
house finished. They could then address
the order to remedy. Mr. Woodbury now disagrees with some of the issues and
would like the Board to make a firm timetable for Mr. Donsi to finish. Then they could deal with the issue of the
non-compliant business. Mr. Donisi told the Baord members he was almost
finished with the electrical and they are living upstairs. The approval would
allow him the finish the porch and put siding on the house.
Pat Martonis said she
thought the porch was the issue for this area variance and not the
equipment. Attorney Wright said that
the set back variance was the issue for this meeting and the use variance
should be addressed at another time. Pat suggested that Mr. Donisi make the
porch smaller. Discussion followed on how to modify the porch. Mr. Donisi does not want to tear apart the
construction that has already been done.
Mr. Suchar asked Mr.
Donisi if he were willing to modify the porch or wanted the Board to vote on
the 10-foot variance. Mr. Donisi wanted
the Board members to vote on the variance. There was no discussion on the
criteria for the area variance.
AUGUST 11,
2003
PAGE FOUR
Motion made by
Kevin Saff, seconded by Ang Cimo to grant Vince Donisi a 10 foot variance for a
15 foot front yard set back for his porch at 1855 Willard St. Ext., Jamestown,
NY.
Denied. Ayes-2 Noes- 4 Absent-1
Noes- Suchar –
because the variance is substantial and self-created
Hoglin – because the variance is
self-created and substantial
Remington – because the variance is
substantial and self-created
Martonis – because it is
self-created
Fred LoFaso,
agent for Lamprelli Properties Inc. asked the Board to review the variances for
property at 944-956 Fairmount Ave., Jamestown, NY.
Mr. LoFaso had appeared
before the Planning Board with revised plans. They have reduced the size of the
building and added a drive-thru and retaining walls. The tenant required a drive-thru. Mr. LoFaso said they are not changing the variances that were
already granted.
Mr. Woodbury told the
Board members that variances would be required for the retaining walls. A 6-foot wall with a 6-foot fence is
allowed. Attorney Wright stated
6.75-foot variance needed to be modified. The easterly set back variance down
to 6.75 feet needs to be extended north to the edge of the pavement.
Discussion followed on the
change in plans. Mr. LoFaso explained
the “living wall” being used for the one retaining wall to the members of the
Board. The Board members left the construction of the fences to the Planning
Board.
Motion made by
Dave Remington, seconded by Steve Hoglin to approve the extension of the
easterly 6.75-foot set back variance north to the edge of the pavement.
Carried. Ayes-6 Noes-0 Absent-1
Attorney Wright reviewed
section 146-70 of the Town code on fences and walls and 267B of the Town Law
for the criteria for the area variance.
Motion made by
Steve Hoglin, seconded by Pat Martonis to approve a “tiered living wall” behind
the easterly building with a maximum height of 18 feet above the existing
ground level with a fence.
Carried. Ayes-6 Noes-0 Absent-1
AUGUST 11,
2003
PAGE FIVE
Motion made by
Steve Hoglin, seconded by Kevin Saff to approve a retaining wall behind the
westerly building with a maximum height of 12 feet with a fence.
Carried. Ayes-6 Noes-0 Absent-1
The Board asked Mr.
Woodbury if any other variances were needed and he told them he had just seen
the plans this evening. Mr. LoFaso told the Board they did not need any
additional variances.
Chairman Suchar opened the
public hearing for Mark and Leslie Ferraro
(Jamestown Dairy Queen), 870 Fairmount Ave., Jamestown, NY for a use variance
for a wall sign and area variances for signs and setbacks.
Attorney Wright received a
phone call from Ralph Lorigo, attorney for
the Ferraros, requesting the application be tabled until the next
meeting because the application was not complete. The applicant will get the information to Chautauqua County
Planning so they can start their review.
Mr. Suchar opened the
public hearing for Lisa M. and Karl Butera for
a variance for a therapeutic massage practice at 428 Fairmount Ave., Jamestown,
NY.
Dale Robbins,
Esquire, attorney for the Buteras, was sworn in. He briefed the Board members on the history of the
building. He listed the surrounding properties and told the Board this use
would fit into the neighborhood. It qualifies for the strict requirements of a
use variance because this property is unique.
Mr. Robbins told the Board he purchased the property in 1993 for
$55,000. He provided a survey of the property. They have added improvements in
excess of $9,600. They property has
been for sale or rent since that time. Universal Lending occupied it until about one year ago. They have tried to sell the property since
at an asking price of $69,000. They
have had no other written offers except the Buteras. A copy of the contract was
provided for the Board.
Attorney Robbins said they
meet the hardship criteria because:
1) the
property is unique because of the
change in the character of the neighborhood – this use will not alter the
character of the neighborhood
2) they
have tried to sell for 1 ½ years as an allowable use
3) the
lot is small (50’ x 120’) and is 25 feet from the highway and adjacent to the
City line
4) this
is not self-created because of the changes since the purchase of the property
Lisa Butera informed
the Board members that she had a degree as a physical therapist and also a
physical assistant. She is licensed by
the NYS Department of Education. The
insurance companies recognize her and the doctors refer clients to her. Ms. Butrera is currently in an
AUGUST 11,
2003
PAGE SIX
Lisa Butera informed
the Board members that she has a degree as a physical therapist and also a
physical therapy assistant. She is
licensed by the NYS Department of Education. The insurance companies recognize
her and the doctors refer clients to her. Ms. Burera is currently in another
location and will bring her cliental with her.
She will have no retail sales and would hope to have a couple other
therapists working with her in the future. She stated there is enough parking in
the back of the building for her needs.
Mr. Suchar said the Board
has always asked for financial evidence and asked Attorney Robbins if he had
any information from the realtors that had listed his property. Mr. Robbins
said he could testify to the fact the property had been listed for 1-½ years
and that they had received no offers.
Lisa Butera asked the
Board why there is a difference in what the State code allows and what the Town
allows. Attorney Wright told her that the Town of Ellicott code specified what
professions were allowed in a Professional Office Zone and if it was not listed
you need use variance.
Mr. Wright told the Board
they could not act on this application at this meeting because they did not
have Chautauqua County Planning comments.
Attorney Robbins asked why that was needed. Attorney Wright explained
the Municipal Law Requirements the ZBA follows.
Chairman Suchar asked if
they would bring in the information on the property showings. The Board will be
able to act on this application at the September 29, 2003 meeting when they
have received the County comments.
Motion made by
Pat Martonis, seconded by Steve Hoglin to have Chairman Suchar sign the
referral for Chautauqua County Planning for this application.
Carried Ayes-6 Noes-0 Absent-1
Chairman Suchar recognized
the residents from School Avenue concerning the Gustafson and Paterniti
project. The neighbors were sworn in.
Mr. Suchar told the neighbors that no action had been taken because of the applicants’
request for a continuance.
AUGUST
11, 2003
PAGE
SEVEN
Mr. Steward said that he thought the structure might be used as a storage garage. Mr. Mogenhan told the Board the applicant would be using a corner lot that is on two paper streets. If they need storage they could use storage units in the area. Mr. Steward asked if the Board would accept comments in writing from other neighbors. Mr. Suchar told them the Board does accept comments in writing. The Board thanked the neighbors for their comments.
Mr. Suchar asked the Board members if they would be willing to move the time of the ZBA meetings to 7:00 PM since their agendas have been so large. Discussion followed and the Board will give it thought and decide at the September meeting.
Discussion followed on the County Planning Boards’ involvement in Town projects. They now want to be involved in all required projects. They do have the authority not to see all applications but have decided not to authorize that.
Motion made by Steve Hoglin,
seconded by Kevin Saff to adjourn the meeting at 9:42 P.M.
Carried. Ayes-6 Noes-0 Absent-1
__________________________________
Valerie Pierce, Secretary