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 DECEMBER
3, 2001 AT 7:30 P.M.
PRESENT: Chairman Al Suchar, John
Leamon, Kevin Saff, John Merchant, Steve Hoglin, Attorney
William Wright and Code Enforcement Officer Randy Woodbury
ABSENT: David Remington and Bob Thomas
Chairman Al Suchar called the meeting to order at
7:30 P.M. Secretary Pierce called the roll.
Chairman Suchar reopened the public hearing for Anthony
Tedesco for his variance to store vehicles and equipment for his landscaping
business at 3576 Baker Street Ext., Jamesotwn, NY. They asked Mr. Gene Cotter, Certified NYS
Real Estate Appraiser and Broker, to brief the Board members on the
inspection he did of the property.
Mr. Cotter provided copies of the letter he sent to
Mr. Tedesco, topographic maps and photos he had taken of the property. He told the Board he determined that this
site has little value as it relates to the current zoning because:
1) the topography is not
conducive to agricultural farming
2) the land is overgrown
with undesirable foliage
3) it would be costly to put
this site to agricultural use
4) there is a creek that
bi-sects the property
He told the Board that in his opinion it was not
conducive as a residential site because of the topography and drainage and the
creek. Also because there is no public water or sewer it would be a costly
building site. There is a commercial influence from the adjoining property.
Storage of this equipment would be the best and highest return of Mr. Tedesco’s
investment.
Kevin Saff asked what Mr. Tedesco had paid for the
property and what he intended to use the property for when he purchased
it. He stated that he purchased the
property for $26,500 in 1986 and intended to use the property for his father to
grow pumpkins and for a Christmas tree farm. They tried for two years and the
land was not conducive for farming.
Mr. Saff asked if he personally owned the property
and if the equipment and vehicles on the property were owned by his
business. Mr. Tedesco said the property
was owned by him and the vehicles were both owned by the business and there
were some personal vehicles. He leases
the land to the business.
Mr. Woodbury asked Mr. Tedesco how he would
categorize the use of his property. Mr.
Tedesco stated it is used for storage of equipment for his landscaping
business. Mr. Woodbury stated that storage warehouses are allowed only in
Industrial zones.
Attorney Wright asked if the zoning has changed
since he purchased the property. Mr. Tedesco did not think it had changed.
DECEMBER 3, 2001
PAGE TWO
Attorney
Vanstrom stated the Zoning Board could limit the storage to off-season
equipment storage if they approved the use variance.
Mr. Woodbury told the Board that Mr. Tedesco had 10
unlicensed vehicles on the property at the present time. Mr. Tedesco disagreed with Mr. Woodbury and
stated not all the vehicles were unlicensed.
Mr. Tedesco had been given official notice to comply with the code. Mr. Tedesco said he was not aware the
vehicles were an issue and would have them in compliance within 7 days.
Attorney Vanstrom clarified that the use the
applicant is applying for is the storage of the off-season vehicles. Whether
the vehicles are in compliance is another issue. If approved the vehicles will
comply with the code.
Mr. Suchar asked Mr. Cotter what he thought would be
the market value of this site. Mr.
Cotter replied he did not think that Mr. Tedesco could get the $26,500 that he
had invested. Mr. Suchar also asked if there was any dumping on the property,
if he would have an office there and if they would be doing any mechanical work
on the site. Mr. Tedesco replied no to
all the questions asked. Mr. Suchar
asked if the vehicles would be stored inside or outside and how many vehicles
would be there. Mr. Tedesco said the
vehicles would mostly be stored outside but because of the tree line would be
hard to see. There will still be ten vehicles on the property.
Attorney Wright reviewed the criteria for a use
variance with the Board. The applicant must meet all the following criteria:
1)
applicant
can not realize a reasonable return causing an unnecessary hardship
2)
the
property is unique
3)
it
will not alter the character of the neighborhood
4)
it
is not self-created
Mr. Wright explained to the Board that if they feel
that Mr. Tedesco has created his own hardship they couldn’t approve a use
variance. He told the Board that reasonable return does not mean the best and
highest return.
Attorney Vanstrom stated that he feels that this is
unique because the property was unoccupied for 10 years and because the creek
runs though the property. He said that
Mr. Tedesco could not use it for the use he had intended when he purchased the
property.
Kevin Saff stated that he felt this situation was
similar to one on the Levant Gerry Road they had heard recently. He feels that
Mr. Tedesco is using personal property for the benefit of his business.
Attorney Wright stated this action would require an
environmental assessment form and suggested that the Chairman poll the Board to
see how they felt.
DEMCEBER 3, 2001
PAGE THREE
John Merchant asked about the structure of the barn
and if there were any code violations. Mr. Tedseco stated the barn was
structurally sound and he had upgraded the electrical.
Chairman Suchar polled the Board members and they
were in agreement that they had no sales history to prove that this site could
not be used as a residential site. The
poll indicated that the application would be denied so the Board did not review
an EAF. Chairman Suchar called for a motion.
Kevin Saff made a motion that the application for a
use variance for Anthony Tedesco to store vehicles and equipment for his
landscaping business at 3576 Baker Street Ext., Jamestown, NY be denied based
on the lack of financial sales history.
Attorney Vanstrom stated that Mr. Cotter had the
sales history from the Town of Ellicott Assessor’s Office and would like to
share it with the Board. Chairman
Suchar gave Mr. Cotter some time. This was not a history of any sales attempts
and the Board members were in agreement that it did not satisfy the issue if
the property would sell as a residential site. The purchase date was corrected.
Mr. Tedesco purchased the property in 1996 not 1986. Attorney Vanstrom said he
felt that the Board could not deny the application for the lack of financial
sales history if the applicant has not attempted to sell the property.
Kevin Saff rephrased his motion that the application
for a use variance for Anthony Tedesco to store vehicles and equipment for his
landscaping business at 3576 Baker Street Ext., Jamestown, NY be denied. Steve
Hoglin seconded the motion.
Carried.
Ayes-5
Noes-0 Absent-2
Attorney Wright updated the Board members on the
sign code enforcement issues. Discussion followed on the issues.
A criminal summons had been sent to the property
owner and the person that would have benefited from the political sign that was
not in compliance with the code. The
process was started and the Town Board withdrew because of the financial cost.
Attorney Wright stated he did not know if that could be done. The Town Board has to approve any civil
action but he does not think they can be involved in the criminal action.
Mr. Woodbury stated that he feels the Town Board
must back the Zoning Board and Code Enforcement Officer on their decisions.
Both the Attorney and Board members agreed with Mr.
Woodbury that they should have the backing of the Town Board for the
enforcement issues. If the Town Board does not back the Board or Code
Enforcement Officer it eliminates anything they do.
DECEMBER 3, 2001
PAGE FOUR
Attorney Wright briefed the Board members on the
Dairy Queen sign enforcement issue. He provided the members with a copy of the
correspondence that he had with Michael Goldman concerning the signs on
Fairmount Ave., W.E., Jamestown, NY.
Mr. Wright asked for the member’s opinion and asked
them to read over the material and get back to him.
Mr. Woodbury stated that possibly he could withdraw
the certificate of occupancy and than the Department of Health would revoke
their permit. Attorney Wright said that
if the certificate of occupancy was not a temporary one he did not think it
could be withdrawn.
Attorney Wright said this is a civil action and
hopes the Town Board will commit to the enforcement of the sign code.
Motion made by
Steve Hoglin, seconded by Kevin Saff to approve the minutes of the November 5,
2001 meeting.
Carried. Ayes-5 Noes-0 Absent-2
Mr. Woodbury told the
Board members that the Girl Scouts were due for their two-year renewal and
asked if the Board would consider waiving the renewal. Attorney Wright briefed
Mr. Woodbury on the history of the Girl Scouts special use permit and the
reasons the Board had enforced the two-year renewal. The Board members were in agreement that the Girl Scouts should
come before the Board for their renewal because in the past there have been
issues with the neighbors. Mr. Woodbury will notify the Girl Scouts they need
to appear for their renewal.
Motion made by
Steve Hoglin, seconded by John Merchant to adjourn the meeting at 9:28 P.M.
Carried. Ayes-5 Noes-0 Absent-2
____________________________________________
Valerie Pierce, Secretary