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 30, 2004 AT 7:30 P.M.

 

PRESENT: Chairman Steve Hoglin, Dave Remington, John Merchant, Richard Keefer and Code Enforcement Officer Randy Woodbury, Secretary Valerie Pierce.

 

ABSENT:    Kevin Saff, Ang Cimo and Patricia Martonis.

 

Chairman Hoglin called the meeting to order at 7:30 P.M.  He explained that Attorney Wright had called in sick and would not be at the meeting.  The Board could hear from interested parties on the apartment building.  The Board members would not be comfortable taking any action on the permit. 

 

Attorney Arthur Bailey, representing Mr. Pastorchik, said they understood that but since that was the case there would be no reason to have the hearing.  Mr. Hoglin thought they could exchange information and have it recorded.  Mr. Bailey said their participation would be lengthy and irrelevant unless there was going to be action.  He would propose that it be adjourned to the next meeting. 

 

Mr. Hoglin asked if there were any new information.  Rick Keefer asked Mr. Bailey if they had acted on any of the things that were mentioned at the last meeting.  Mr. Bailey stated that the dumpster have been moved and doubled in size.  He said that the meeting that was to be held at the site was never called for or held.  Mr. Woodbury requested that the dumpster be taken care of.  And that was taken care of with 48 hours.  They only have two tenants at the present time.  The property was sold for completely different use. 

 

Secretary Pierce called the roll.

 

Motion made by Dave Remington, seconded by Rick Keefer to approve the minutes of the July 26, 2004 meeting.

Carried.                      Ayes-4                         Noes-0                      Absent-3

 

Mr. Bailey again asked for an adjournment.  He would prefer not to speak as long as there would be no action.  He did speak of the dumpster and everything that has been requested has or is in the process of being done.  They have not “slacked off” because of the probable sale.  Mr. Hoglin said the Board was not aware of the sale.  Mr. Bailey said that was all the more reason to table this.

 

Motion made by John Merchant, seconded by Dave Remington to table this permit renewal for Lawrence Pastorchik for one month.

 

Mr. Woodbury asked that the yard be cleaned up and other maintenance issues be addressed.  Attorney Bailey said that anything that Mr. Woodbury asked for would be taken care of but they prefer that it come from the Town of Ellicott and not elsewhere. Mr. Woodbury told Mr. Bailey and Mr. Pastorchik he would meet with them about the issues that need to be addressed.

 
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Carried.                       Ayes-4                    Noes-0                  Absent-3

 

Mr. Woodbury told the Board that Attorney Wright has been in contact with the applicants for a renewal permit for the tower on Orchard Road.  The arrangement was that they would do a technical study that would not be ready until the September meeting. He briefly explained the studies being done. As long as they are moving along in good faith he would recommend tabling this renewal for another month.

 

Rick Keefer asked if they were doing the structural inspections and the radio emissions.  He also asked about the bonding.  Mr. Woodbury suggested asking Attorney Wright about the bonding.

 

Mr. Roger Loewenheim, 434 Orchard Rd., Jamestown, NY asked if Orchard Road would be taken into consideration when doing the study.  The water comes down from Orchard Rd. and if they block the water would it back up to Orchard Road. 

 

Mr. Woodbury said that one of the solution would be to build a detention pond at the end of Idlewood Drive and since the  overflow would be down there it would not affect the water on Orchard Road. He explained how a detention pond works and said they do require maintenance. 

 

Mr. Woodbury told the Board members that the fact the Board took no action on Mr. Pastorchik’s renewal he would not stay any action should he find building code violations.  There is a problem with a white car at the apartment building that needs to be removed. There are also yard debris and building issues.

 

Mr. Hendrickson presented dated photos of the property at 663 Fairmount Avenue for the record and asked the Board to note the dates to see that things were not taken care of within 48 hours. 

 

Mr. Woodbury said the Planning Board did not meet in August but he wants to get the Planning Board involved. 

 

Mark Olson, representing the Rotary Club of Jamestown, asked if they were on the agenda for a “Welcome to the City of Jamestown” sign on North Main Street.   Mr. Woodbury said they needed to discuss it with the attorney.  Mr. Woodbury told the Board members that this is an informal presentation that has come up that has been osculated back and forth. One of the osculating factors is the hotel possibility by I-86. The hotel would have rights in the right of way where the Rotary Club would be placing their sign. 

 

Mr. Olson told the Board the Rotary International is celebrating their 100th anniversary and have asked individual clubs to give to a community project that will have some impact.  Mr. Bodgen has donated the use of the right of way.  Mr. Olson said they know if the hotel wants to use the right of way they would have to remove the sign.

 

 

 

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AUGUST 30, 2003

PAGE THREE

 

Mr. Woodbury said that Attorney Wright, representatives for the Rotary Club, and Chairman Hoglin will meet with him to work together to scope the process.  Mr. Hoglin said they would not be able to take any action on this at this meeting. 

 

Mr. Hendrickson wanted to call the Board’s attention to a letter that Mr. Woodbury sent out on December 10, 2003 to Mr. Pastorchik that stated that pursuant to code of the Town of Ellicott the letter was an order that the premises receive approval from the Town of Ellicott Planning Board for site plan review and an engineer or architect plan must be submitted to the Planning Board to show how they would improve the appearance of the location of the dumpster.  Mr. Woodbury stated that he had discussed the Planning Board issue with Attorney Wright and if he wants to him to enforce the Planning Board issue he will. 

 

Attorney Bailey asked the Chairman if this issue was tabled.  Chairman Hoglin stated it was.  Mr. Bailey again told the Board that whatever Mr. Woodbury wants done will be done but only at the request of a Town official.

 

Motion made by Rick Keefer, seconded by John Merchant to adjourn the meeting at 8:00 PM.

 

Carried.                      Ayes-4                     Noes-0                    Absent-3

 

 

 

___________________________________

Valerie Pierce, Secretary