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 OCTOBER 26, 2009 AT 7:00 PM.

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PRESENT:= Chairman Steve Hoglin, Dave Remington, Phil Pratt, Kathy Hedstrand, Al

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

= Woodbury.

ABSENT: <= /span> John Merchant.<= /span>

Chairman Hoglin opened= the meeting at 7:00 PM and led the Board in the Pledge of Allegiance.

Motion m= ade by Dave Remington, seconded by Al Hendrickson to approve the minutes of the Se= ptember 28, 2009 meeting.

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

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

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Chairman Hoglin opened the Public Hearing for Timothy Ruch, = 580 Fairmount Ave., W.E., Jamestown, NY 14701, for a Spec= ial Use Permit to convert the premises into a 3-unit apartment dwelling.

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Mr. Ruch stated that he purchased the property in 1991 when the building was a 3-unit apartment dwelling with 2 units on the ground floor and 1 unit on the upper level. He explained that in 1997 the grou= nd floor was converted to a chiropractic office. He added that the chiropractor mov= ed out one year ago. Mr. Ruch stated= that he has been unable to secure another business tenant.

Mr. Hendrickson asked if the Special Use Permit = was originally required when the property was a 3-unit apartment building. Mr. Woodbury stated that it was, b= ut the permit was voided due to the modifications that have since been made to the building. He added that addit= ional building code violations have been addressed as well. Mr. Woodbury explained that a new Special Use Permit is necessary to re-convert the structure into an apartme= nt building.

The engineer for the Mr. Ruch’s project, Jerome Erickson, questioned the need for complete architectural drawings at this level of the building process. Attorney Wright responded that complete drawings are not necessary at this time, but would be required if it was determined the project was subje= ct to Site Plan Review.

Mr. Woodbury reviewed the exceptions to Site Plan Review. It was determined tha= t Mr. Ruch’s project was note exempt and would be subject to Site Plan Review. Therefore, Mr. Ruch w= ould need to appear before the Ellicott Planning Board.

Mr. Remington asked if there was adequate parking for residents of a 3-unit apartment building. Mr. Ruch stated that there is adeq= uate parking for about nine vehicles.

Attorney Wright asked if any exterior changes wo= uld be made to the building. Mr. = Ruch stated that 3 windows would be upgraded.

Mr. Woodbury advised the Board that a staircase would also need to modified.

Residents of the complex would be allowed to uti= lize a dumpster on the owner’s other property for garbage disposal.

Attorney Wright stated that this project was exe= mpt from SEQR as it is a Type 2 action under Section 9 of the code.<= /span>

The project will also be referred to the Chautau= qua County Planning Board since it is within 500 feet of a County Highway (Rte. 394).

Motion b= y Dave Remington, seconded by Al Hendrickson to grant a Special Use Permit to Timo= thy Ruch for the purpose of converting a building located at 580 Fairmount Ave. into a 3-unit apartment dwelling contingent upon a 2-year renewal and appro= val by the Town of Ellicott Planning Board.

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

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Motion m= ade Al Hendrickson, seconded by Phil Pratt to adjourn the meeting at 7:40 PM.=

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

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________= __________________________

Kathy Hedstrand, Acting Secretary