Preliminary
Draft-Unapproved Minutes
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
SEPTEMBER 29, 2003 AT 7:30 P.M.
PRESENT: Chairman Al Suchar, David
Remington, Kevin Saff, Steve Hoglin, Angelo Cimo, Patricia
Martonis, 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 Okerlund called the roll.
Attorney Wright swore in everyone that would be
testifying at this public hearing.
Mr. Suchar reopened the public hearing for Elizabeth
Nord for a use variance 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 October meeting. She is working on the building
reconstruction scale.
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 Aves., Jamestown, NY.
A letter was received from the applicant requesting
that the application for a variance be withdrawn because they are selling the
property.
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 requested that the board reconsider the
set back variance. The requested
variance is for 7 feet not the previous request of 10 feet. The original request by the board was for a
6 foot set back. The steps will come
out on the side of the porch, not the front.
Mr. Donisi’s neighbor Francis Travis, 1878 Willard
St. Ext. attended and stated he had no problems with the decision on Mr. Donisi’s
construction, but did not want construction equipment parked or operating on
the property for a lengthy, indefinite period.
One of Mr. Donisi’s trucks creates an annoying odor when running.
Attorney Wright told Mr. Donisi that he absolutely
cannot operate a business out of his residence.
ZONING BOARD OF APPEALS
SEPTEMBER 29, 2003
PAGE TWO
The Board requested a time frame for the end of
construction and the length of time the construction equipment should be
allowed on the property at his home. It
was decided that Mr. Donisi and Randy Woodbury would work together on this, as
it is a zoning issue.
Motion made by Kevin Saff, seconded by David
Remington to accept the 7-foot set back variance request.
Carried. Ayes-6 Noes-0 Absent-1
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.
Randy Woodbury stated he
had received a phone call from Mr. Ferraro and he is not ready at this time to
present all the details. He has
requested that the application for variance be tabled for two months.
Mr. Suchar opened the
public hearing for Lisa M. and Karl J. Butera
for a variance for a therapeutic massage practice at 428 Fairmount Ave.,
Jamestown, NY.
Randy Woodbury received a letter from Ms Butera
withdrawing her request, as she has found other property for her business.
Mr. Suchar opened the public hearing for Sally K.
Straka, 163 Avalon Blvd., Jamestown, NY for a
Special Use Permit for a practice for Myofascial Trigger Point Therapy.
Ms. Straka stated that
each therapy session would last approximately 1 ½ hr. She would accept clients no more than three days per week from
10:00 AM until 8 PM in a six-day period (not including Sundays). Her appointments would be at least 15
minutes apart for parking consideration.
The purpose of the therapy is to relieve pain. She is Nationally Board Certified this profession is not
licensed. There would be no sign in her
yard and her services would be advertised by word of mouth, professional recommendations and media. She would work alone in her home (of
approximately 1,100 sq. feet) in one room, which is approximately 10 feet by 14
feet. Her clients would park in her
driveway, not on the roadway.
Ms. Straka stated she has
informed all her neighbors of her plans and they all approve. The only concern the neighbors brought up
was whether or not the Special Use Variance goes with the house.
ZONING BOARD
OF APPEALS
SEPTEMBER 29,
2003
She was informed that it
needed renewal every two years but the variance did not go with the sale of the
house.
Attorney Wright suggested
the Board pass a resolution including
the occupation of Myofascial Trigger Point Therapy in the category of
Home Occupation as it fit under all the qualifications of same as defined under
the Town of Ellicott Code.
After Ms. Straka filled
out a SEQR form, it was determined by the Board and Code Enforcement Officer
that this home occupation is exempt from SEQR.
Motion made by
Al Suchar and seconded by Pat Martonis that Home Occupation is exempt from
SEQR.
Carried. Ayes-6 Noes-0 Absent-1
Motion made by
Steve Hoglin, seconded by Angelo Cimo to grant Sally Straka a Special Use
Permit for home occupation.
Carried. Ayes-6 Noes-0 Absent-1
Mr. Suchar opened the
public hearing for Forecon, LLC, 1890 E Main
St, Falconer, NY for a variance for set back for a garage.
Ronald S. Johnson
explained that Forecon purchased the property in May 2003 and they have been
doing business in Jamestown since 1954.
He has about 18-20 employees working out of this location and they are
only there for a short period of time in the morning. The employee’s personal vehicles would be parked there during the
day. They intend to build a garage to
store vehicles and equipment in to facilitate drainage, snow plowing and
parking. The equipment will, for the most
part, be off the premises during the day and return at the end of the workday
and weekends. He is requesting a 20-
foot set back variance. A site plan
sketch is in file.
Two neighbors attended the
meeting. Sandy Johnson and Moe
Singer. They presented the Board with
a letter stating they are against the proposed garage. The letter is in the file. They expressed concerns on extra traffic
(which would be a danger to their grandchildren and neighborhood children),
obstruction of their view and vandalism.
They requested a gate at the entrance to stop cars from entering the
parking lot to turn around, and drive recklessly.
The neighbors attending do
not want the building placed as far west as planned, blocking their view. If the garage were placed four feet further
west and 8 more feet south Forecon would not need a variance.
Mr. Johnson stated he is
willing to work with them on this.
ZONING BOARD
OF APPEALS
SEPTEMBER 29,
2003
PAGE FOUR
Mr. Suchar inquired
whether he should sign the form to send to the county or not settle the issue
at this point to expedite the process.
Also, a sketch plan should be submitted to the Planning Board.
Motion made by
Patricia Martonis, seconded by Steve Hoglin to send the County Municipal Zoning
Referral Form to the County.
Mr. Johnson of Forecon met
outside the boardroom with Sandra Johnson and Moe Singer to explain the plans
to them. After meeting, the two
neighbors returned and stated that they no longer have any objection to the
proposed building. They will work with
Mr. Johnson on the traffic problem. The
application will be tabled until the next meeting.
Motion made by
Steve Hoglin, seconded by Kevin Saff to adjourn the meeting.
Carried. Ayes-6 Noes-0 Absent-1
__________________________________
Karyn E. Okerlund, Secretary