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
SEPTEMBER 24, 2007 AT 7:00 PM.
PRESENT: Chairman
Steve Hoglin, Dave Remington, John Merchant, Pat Martonis, Angelo Cimo,
Attorney William Wright, and
Secretary Valerie Pierce
ABSENT: Richard
Keefer, Kathy Hedstrand and Code Enforcement Officer Randy Woodbury.
Chairman
Hoglin opened the meeting at 7:00 PM and Secretary Pierce called the roll.
Motion made by
Pat Martonis, seconded by Dave Remington to approve the minutes of the August
27, 2007 meeting.
Carried. Ayes – 5 Noes – 0 Absent – 2
Attorney Wright swore in
everyone that would be giving testimony before the Board.
Chairman
Hoglin reopened the Public Hearing for SBA Properties Inc., for the renewal of
a Special Use Permit at 3108 Eckman Rd., Jamestown, NY.
Mr. Hoglin told the Board
that Randy had received the information that was required. Attorney Wright stated he has been working
with SBA for the last month. They have submitted a report done by a company
called Sight Site Inc. laying out the RF emissions standards that are applicable
to this type of tower and certifying that the tower is well under those
limits. It is stamped and signed by a
professional licensed engineer.
Rick Keefer
entered the meeting at 7:05 PM.
Attorney Wright said the
relevant section of the code for this application is 146-72 (9), which is
inspections and renewals. The Board had
reviewed the other criteria when the applicant was present and the radio
emissions study was the only requirement they had left to submit. Mr. Wright
requested the Board not extend the Special Use Permit beyond the time it was
due for renewal. SBA will have to
reapply in July of 2008.
Motion made by
Rick Keefer, seconded by John Merchant to approve the Special Use Permit for
SBA Properties, Inc. 3108 Eckman Rd., Jamestown, NY for the period July 2006 to
July 2008.
Carried. Ayes – 6 Noes – 0 Absent – 1
Chairman
Hoglin reopened the Public Hearing for Dunn Tire for a sign variance at 685
Fairmount Ave., W.E., Jamestown, NY.
Mr. Hoglin said he had
talked to Randy Woodbury. Randy had
stated that Dunn Tire have requested another month to prepare for their
presentation.
Attorney Wright told the
Board that Dunn Tire had appeared before the Planning Board and received
approval. Signs were an issue that was
raised at that meeting and the Planning Board was advised that the signs will
either be code compliant or will come before the Zoning Board.
Rick Keefer asked about
the logo on the Enter and Exit signs.
Attorney Wright said that the code states that directional signs, which
are exempt signs under the code, cannot contain any commercial copy but another
provision in the code says they can contain the name of company. He thinks that the Board should determine
that they cannot have their logo on the Enter and Exit signs and it would be up
to Randy to interrupt that. When Mr. Wright spoke to Randy, Randy was going to
tell them they could not have their full logo.
This application will
remain on the table at the request of the applicant’s representative.
Mr. Swanson told the Board he is proposing to build
an accessory building for storage of classic cars and lawn tractors. He presented a sketch of the proposed 26 ‘
by 40’ building. The building will be
finished in burgundy and white tin to match the house and will have three
garage doors in the front. The building will be in the very back of his lot in
a wood line so the back of the neighboring properties would not be obscured at
all. Mr. Swanson will do the
construction himself so he provided photos of garages he had built in the
past. He will not have a driveway because
he would not be taking the cars out and in during bad weather. Mr. Swanson
bought this lot, which is just over an acre, in May 2007.
Mr. Swanson did not bring the sketch that he
provided for Randy showing the plot plan. Secretary Pierce said that Randy
could be called to see if he has the sketch.
Mr. Swanson stated his lot is rectangular and approximately 550 or 600
feet deep and 100 feet wide. Attorney
Wright said that the Board has to address is how it fits onto the
property.
Mr. Milton Lansberry, 2353 Camay Lane, asked how far back from the
existing house the front of the proposed building would be. Mr. Swanson said he did not measure but he
would say approximately 250 feet and the existing shed would be removed.
Pat Martonis asked if the fact that the property is
divided into two lots would affect construction on the lot. Attorney Wright
stated that provided the properties were conveyed simultaneously they are
combined for building purposes.
Attorney Wright told the Board that according to the
code a property owner is allowed to have a garage only as an accessory use to a
dwelling unit. A garage as defined in the code is a secondary building used in
conjunction with a primary building, which provides for the storage of not more
than 3 vehicles and does not exceed 1000 SF.
The applicant does have a two car attached garage
that is 24’ by 24’. They want to add an
additional 26’ by 40’ garage. The Board is looking at two area variances, one
for the number of garages and one for the total square footage. The new garage
will exceed the 1000 square footage on its own. The total square footage will
be 1616 SF.
The Board reviewed 267 B of the Town Law, which is
the balancing test weighting the benefit to the applicant against the welfare
of society. Attorney Wright went
through the five criteria the Board had to consider.
Dave Remington asked if Mr. Swanson intended to use
the existing attached garage for living space. Mr. Swanson stated they would
not because they want to park their everyday vehicles there.
Secretary Pierce stated there was no written
correspondence from neighbors.
Ang Cimo asked if Mr. Swanson could possibly get
along with an additional two-car garage.
Mr. Swanson said that he purchased this property with the intention of
adding a garage for his classic cars and would like to build it big enough.
Mr. Roger Vine, 2369 Camay Lane, told the Board that the
proposed garage would be only 40 feet from his property line. He requested that Mr. Swanson use the left
side of the property to drive the cars in and out.
Pat Martonis asked how committed Mr. Swanson was to
having a three-car garage or would he consider a smaller garage. She explained the Board has to look at the
least variance possible. Mr. Swanson
said that he would like the larger garage to put his three classic cars in and
to also his lawn tractor.
Mr. Swanson said that all the neighbors on Camay
have either a pool or a garage or a large shed on their property so it is not
changing the neighborhood. He did speak to the next-door neighbor and she did
not have a problem with this building, which will be approximately 18 feet from
her property line. He is removing the
shed that is there now. Mr. Swanson said the trusses are made out of
construction grade 2” x 8” and the posts will be 6” x 6”. Mr. Swanson said he would not built a garage
that would not suit the neighborhood.
The reason for the metal is because of the vandalism.
Mr. Hoglin stated that he did not think the Board
had ever granted a variance for a metal clad garage in a residential zone. This property is zoned residential and not
residential agricultural.
The Board agreed that they would like to see the
garage plotted out on a survey and also if possible they would like to see some
sample materials.
Motion made by Rick Keefer, seconded by Ang Cimo to
table this application for Christopher Swanson until the next meeting pending
the additional information.
Carried. Ayes – 6 Noes – 0 Absent – 1
Chairman Hoglin opened the Public Hearing for James
Craker, 10 Sycamore St., Jamestown, NY 14701 for a variance for a side yard
setback for a corner of his proposed addition.
Mr. Craker submitted another letter from their
neighbors and also some photos. The
Board had received a copy of the blueprint.
At the very back corner the Crakers are about 8
inches too close to the property line.
They were allowed 4’ 4”. After
approximately 4 ½ feet they are in compliance.
Mr. and Mrs. Craker found the error and right away
called Randy Woodbury. They also
talked to their neighbor, Chris Rogers.
The Town received a letter from Mr. Rodgers dated September 12, 2007
stating he was in full agreement of the granting of the 18 inch variance. Both
Attorney Wright and Steve have had conversations with Chris Rogers.
Pat Martonis asked if they had talked to Nancy
Taylor who had concerns when they came in for a variance in 2004. Mr. Craker stated they did not because Ms.
Taylor in on the other side of the property from the addition.
Attorney Wright reviewed section 267 B of the Town
Law with the Board.
Mr. Hoglin said the Board realizes that this was not
intentional and applauds the Crakers for bringing it to the Town’s attention
but explained that the Board takes a dim view of what he calls “divide and
conquer”. They do not appreciate an
applicant coming back and asking for additional variances and would like to see
the whole project at one time.
Attorney Wright stated this proposed project is
exempt from SEQR.
Attorney Wright told Mr. Craker that he should talk to Randy but he could resume his project.
Motion
made by Pat Martonis, seconded by Rick Keefer to adjourn the meeting at 8:10
PM.
Carried. Ayes – 6 Noes –
0 Absent – 1
_______________________________
Valerie Pierce, Secretary