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 SEPTEMBER 28, 2009 AT 7:00 PM.

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

= Hendrickson, Jean Holton, Attorney William Wright, Code Enforcement = Officer Randy

= Woodbury and Secretary Valerie Pierce

ABSENT: <= /span> Phil Pratt

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 Au= gust 31, 2009 meeting. Secretary Pierce thanked Kathy Hedstrand for taking and transcribing the minutes.

&nb= sp;

Carried.= = Ayes – 6 = &nb= sp; Noes – 0 = = &nb= sp; Absent – 1

&nb= sp;

Those intending to give testimony at tonight’s meeting were sworn in by Att= orney Wright.

&nb= sp;

Chairman Hoglin opened the Public Hearing for Joseph Radack, 12 South Hanford Ave., W.E., Jamestown, NY 14701, for a vari= ance for a second garage.

&nb= sp;

Mr. Radack:

presented the Board with a photo of the property showing where= the new garage would sit and a sketch with the dimensions
said the new garage will be similar to the one that is already= on the property and shown in the photo
stated the driveway would come in from Sessions Avenue
told the Board he had talked to Highway Superintendent Shellho= use about putting in drainage – the Highway Department would probably not = be able to do it until next year but would try to do it as soon as they c= ould

· = was asked by Randy Woodbury to keep a distance 10 feet between the = eves if the Board approves this variance

· = stated he is going to request that his two lots be combined –= he now has two separate tax bills

· = said he would be using this as another garage because he has three vehicles - he would use the second story for storage – he is just a s= mall electrical business and does not keep an inventory - it will be only used f= or storage and there will be no business activity

· = stated the existing garage is 16’ x 24’ and the new one will also be 16’ x 24’ (384 SF)

· = told the Board the driveway will be paved or concrete – it wi= ll be used regularly – maybe less in the winter but he will keep it shov= eled – eventually he might put a walkway - he might want to build a small patio behind the garage in the future

Attorney Wright reviewed the code that allows a = one or two family dwelling with an attached or detached garage. The definition of a garage is a secondary building use in conjunction with a primary building which provides for the storage or not more than three motor vehicles and an area not to ex= ceed 1000 SF, in which no occupation, business or service for profits are carried on. The applicant needs an ar= ea variance for the construction of a second garage. It is not a use variance because a garage is permitted. It is an area variance because the request is for more than the permitted numb= er of garages.

The criteria is listed in Section 267 B of the T= own Code where the Board looks at the benefit to the applicant as weighted agai= nst the determent to the health, safety and welfare in the society in general.<= o:p>

Jean Holton had a question about the two separate lots. Attorney Wright stated = that these are two separate tax parcels that came in under common deed. Mr. Radack has agreed to combine t= he tax parcels. He would not be able to alienate the lot with the garage on it. The garage would have to be torn d= own because it cannot exist as a stand alone structure.

Mr. Sam Caruso, a next door neighbor, was sworn in.&n= bsp; He had a concern about the snow removal. The Town does not plow Sessions Str= eet so he hires someone to plow and there is no place to put the snow. Attorney Wright explained that bec= ause Sessions is an unopened street, Mr. Radack has equal rights to the use of Sessions. Unless Mr. Caruso is plowing the snow where it would prevent Mr. Radack from getting access to h= is garage it should not be a concern. <= /span>Mr. Caruso told the Board that Mr. Radack always keeps his lot cleaned up so th= at the snow is the only concern he has.

Chairman Hoglin reviewed the criteria in Section= 267 B.

The neighbors were notified again because of the change in Mr. Radack’s application. There was no other correspondence f= rom neighbors.

Attorney Wright stated this proposed project is exempt from SEQR as an accessory residential building under 4000 SF.

Motion m= ade by Al Hendrickson, seconded by Jean Holton to approve this variance with the following conditions:

that Mr. Radack k= eep a setback of 10 feet between the eves of the existing garage and new one=

Mr. Radack’= s two tax parcels are combined
=

Carried.= &= nbsp; = Ayes – 6 = = Noes – 0 = &nb= sp; Absent – 1

&nb= sp;

Randy Wo= odbury reminded Mr. Radack and Mr. Caruso that Sessions exists as a private drivew= ay between the neighbors and that all matters they have will not involve the T= own of Ellicott.

&nb= sp;

Motion m= ade Kathy Hedstrand, seconded by Jean Holton to adjourn the meeting at 7:22 PM.=

&nb= sp;

Carried.= = &nb= sp; Ayes – 6 &nb= sp; = Noes – 0 = &nb= sp; Absent – 1

&nb= sp;

________= __________________________

Valerie Pierce, Secretary