(WNY News Now) – Public hearing highlights zoning concerns over accessory structures.
A regular meeting of the Zoning Board of Appeals of the City of Jamestown, New York, was held on Wednesday, February 5, 2025 at 5:00 p.m.
Members Present: Ellen Ditonto, Todd Peterson, Maria Jones, Peter Miraglia, Michael Panebianco
Members Absent: Todd Thomas, Robert Kenyon
Others Present: Acting Clerk/Treasurer Leigh Anne Jordan, Zoning Officer Larry Scalise
Chairwoman Ditonto called the meeting to order.
Chairwoman Ditonto: We will call to order the meeting of the Zoning Board of Appeals for February 5, 2025, 5:00 p.m. We have two petitions on the agenda today, just a couple housekeeping items before we get started. Once your petition is read, if someone who is representing the petitioner would come up to the microphone there; state name and home address. You can give a little bit more information if you’d like and be available for questions from the board. There is an opportunity for the public to comment on the petitions. Five minutes maximum. It has to be information that can be shared about the petition only; whether you are in favor or opposed to it. Both of these are area variances and at this time we will have the clerk read the first petition. It takes four affirmative votes for any area variance or use variance to be approved.
LEGAL NOTICE
ZONING BOARD OF APPEALS
Notice is hereby given that the Zoning Board of Appeals of the City of Jamestown, New York, will hold a Public Hearing on Wednesday, February 5, 2025 at 5:00 p.m. in the City Council Chambers, Municipal Building, 200 East Third Street, Jamestown, NY to consider the following:
The application of Gerald Heald, 13 Juliet Street, Jamestown, NY for an area variance to construct a 10’ x 32’ addition to an existing building currently used as a storage garage on parcel 387.12-2-36, located at 18 King Street in an R-2 Zone and owned by Gerald Heald.
Section 300-0317 (F) Accessory Structures: In any R District, no accessory building shall exceed 720 square feet in area and have a dimension that exceeds 36 feet. Proposed structure is 32’ x 40’ (1280 sq. ft.).
Notice is further given that persons in interest will be given an opportunity to be heard for or against the granting of the foregoing petition by the Zoning Board of Appeals at the time and place above mentioned. Comments in writing may also be submitted via U.S. mail to the City Clerk’s Office, 200 East Third Street, Jamestown, NY 14701 or via email at clerk@jamestownny.gov. Those comments will be read into the record and transcribed. The meeting will be livestreamed at www.jamestownny.gov/live.
Jennifer R. John
Secretary
Zoning Board of Appeals
Publication Date: 01-28-2025
Chairwoman Ditonto: Is Mr. Heald here? Please come here up to the table and the microphone if you would. Thank you. Could you state your name and your home address please and tell us anything else about the petition that you would like.
Mr. Heald: Alright, my name is Gerry, or Gerald Heald. I live at 13 Juliet Street here in town and I own the property at 18 King Street.
Chairwoman Ditonto: Ok. Mr. Heald, you stated in your application that it was six years ago that you had the original building built, is that correct?
Mr. Heald: Yes.
Chairwoman Ditonto: And that, that was also based on a variance to not have any residence at that site.
Mr. Heald: Correct.
Chairwoman Ditonto: Are there any questions from members of the board?
Mr. Panebianco: If you are looking at it from King Street, it’s on the right side, right? The addition that you want to put on?
Mr. Heald: On the downhill side, yes.
Mr. Panebianco: There is a big old hill so you can only go as far as the current hill. No one is going to build anything next to it because there is a hill there.
Mr. Heald: Correct.
Chairwoman Ditonto: Mr. Heald, this is a metal building, I take it, the addition is going to match what is already there? Is that correct?
Mr. Heald: Yes, it will be the same color, same style.
Chairwoman Ditonto: Ok, and what about runoff, because there is a hillside as Mr. Panebianco said. How are you going to make sure that there is no additional water that goes down the hill to your neighbor.
Mr. Heald: I have gutters up and drainage tile going up off the back.
Chairwoman Ditonto: Its going to go off the back?
Mr. Heald: Yep, and it’s just woods in the back.
Chairwoman Ditonto: Ok. Any other questions from members of the board? Seeing none, at this point if there is anyone in the audience who would like to speak either in favor or in opposition to the application of Gerald Heald, please state your name and address if you would come to one of the microphones that are in the audience. One more time, if there is anyone that wishes to speak on this particular variance which is for an addition to a building at 18 King Street, please go to the microphone. Seeing none, at this point I would ask the clerk if there is any correspondence to read.
Acting City Clerk Leigh Anne Jordan: We did have one correspondence. This is from a neighbor located at 10 King Street. To Whom It May Concern: I do not have a problem with Gerry adding onto his garage, adjacent to my property at 10 King Street. I am not able to read the signature, but I believe his first name is Tim.
Chairwoman Ditonto: Mr. Heald, do you know the name of the person who is at 10 King Street?
Mr. Heald: His first name is Tim, I don’t know his last name.
Chairwoman Ditonto: Ok, alright. Thank you. Any follow up from members of the board? Ok, seeing none, I would be looking for a motion on the area variance for a request to add to the 18 King Street building that is there now that is used for storage only.
Mr. Panebianco: I’ll make a motion to approve it.
Chairwoman Ditonto: Mr. Panebianco has a motion for an approval of an area variance. Is there a second?
Mr. Peterson: I’ll second.
Chairwoman Ditonto: Thank you, Mr. Peterson. Any questions on the motion? Seeing none, clerk, please call the roll.
Member Aye Nay Abstain Absent
Panebianco X
Peterson X
Kenyon X
Ditonto X
Jones X
Thomas X
Miraglia X
Chairwoman Ditonto: That application has been approved 5 – 0. Please make sure that you see Mr. Scalise before you move forward so you can get the proper paperwork. Thank you.
Mr. Heald: Ok. Thank you.
Chairwoman Ditonto: We’ll move to the second petition. Please read that.
Acting City Clerk/Treasurer Leigh Anne Jordan: The application for George Spanos, 3676 Crestview Drive, Bemus Point, NY 14712 for an area variance to construct one 12’ x 20.1’ garage bay, attached to the existing three bay detached garage on parcel 387.13-5-7, located at 323-325 Palmer Street in an R-1 Zone and owned by Mark and Elizabeth Frederick.
Section 300-0317 (E) Accessory Structures: In any R District, no part of an accessory structure shall be nearer than five feet to a side lot line or a rear lot line. Proposed is 2.4’ on the side yard.
Chairwoman Ditonto: Thank you. Representing the petitioner, please tell us your name and address and tell us anything that you would like to about that petition that you haven’t already added into the packet.
Mr. Spanos: George Spanos, I’m representing Liz and Mark Frederick and I would like to add a, to construct a one bay garage to their existing three bays to better accommodate their senior needs.
Chairwoman Ditonto: Thank you, are there questions from the board on this particular petition?
Mr. Peterson: Mr. Spanos, what are the other garages used for at this point that are on the property?
Mr. Spanos: They will be too narrow; you cannot open the door. If you see the dimensions, it’s 29.5 I believe. So, if you take the four walls, it comes down to about 9 feet if that, and it is very hard to park.
Mr. Panebianco: What you’re proposing, so it must, it’s in addition to the three existing bays.
Mr. Spanos: Correct.
Mr. Panebianco: Does it extend farther back than the three existing ones? Is it going to be flush with them? The three existing bays are already 2.5 feet from the property line.
Mr. Spanos: Less.
Mr. Panebianco: Less. So, you’re just adding on.
Mr. Spanos: Yes.
Mr. Panebianco: To the right or left of what’s already there?
Mr. Spanos: If you are looking at the garage, to the right.
Mr. Panebianco: Ok, and there’s just woods to the right, right?
Mr. Spanos: Right.
Mr. Panebianco: Ok.
Chairwoman Ditonto: Any other questions?
Mr. Miraglia: Roughly, how old are the existing garages?
Mr. Spanos: Since the original construction of the house.
Mr. Miraglia: Are they in good condition?
Mr. Spanos: Yes. Reasonably good.
Chairwoman Ditonto: Does that clarify for you Mr. Miraglia?
Mr. Miraglia: Yes.
Chairwoman Ditonto: It was difficult to see from the street view, so again, it’s going to the right of the existing and no closer to that side property line than the existing three.
Mr. Spanos: Correct.
Chairwoman Ditonto: Ok. And I think just a follow up to Mr. Panebianco, or maybe it was Mr. Peterson; the garages as they stand, you can’t put a vehicle in them because of the way the doors open, is that correct?
Mr. Spanos: You can put the vehicle, but it is very hard to open the doors and get out.
Chairwoman Ditonto: Ok. So, this addition would be so that a vehicle could go into the garage and be stored.
Mr. Spanos: Yes.
Chairwoman Ditonto: Ok. Any other questions? Seeing none from the board, this is the time for public comment. Again, if anyone is in the audience and wishes to speak in favor or in opposition to this area variance request, please go to the microphone and state your name and home address. You have five minutes to make a comment. Again, one more time. If there is anyone in the audience that would like to speak in opposition or in favor of this variance request, 323-325 Palmer Street, now is the time. Seeing none, I’ll the clerk if there is any correspondence to read into the record.
Acting City Clerk/Treasurer Leigh Anne Jordan: We do have one. January 30, 2025, this is in response to a legal notice received on January 30, 2025, published on January 28, 2025 from the Zoning Board of Appeals, City of Jamestown, in reference to allow a 12’ x 20.1’ garage bay, attached to the existing three bay detached garage on parcel 387.13-5-7, this parcel is found at 323-325 Palmer Street in an R-1 Zone and is owned by Mark and Elizabeth Frederick. I, William R. Johnston, do not have any objections to the approval of the variance request submitted by George Spanos for the construction of the garage described previously. Sincerely, William R. Johnson.
Chairwoman Ditonto: Thank you. And again, just a couple of clarifying questions. Is there asphalt where the new garage will be, or is there going to be some kind of surface that will allow it not to be…
Mr. Spanos: There is an existing concrete pad.
Chairwoman Ditonto: Oh, ok. Very good. Any other clarifications? Seeing none, I would be looking for a motion at this point for the area variance request at 323 – 325 Palmer Street, for an additional garage to be built with the side property line not to be infringed any more than the current garages are.
Mr. Miraglia: I’ll make a motion to approve it.
Chairwoman Ditonto: Mr. Miraglia. Thank you. Mr. Miraglia has made a motion to approve the variance request at 323 – 325 Palmer Street. Is there a second to the motion?
Ms. Jones: I’ll second.
Chairwoman Ditonto: Thank you, Ms. Jones. At this point is there any clarification on the motion needed? Seeing none, Clerk, please call the roll.
Member Aye Nay Abstain Absent
Panebianco X
Peterson X
Kenyon X
Ditonto X
Jones X
Thomas X
Miraglia X
Chairwoman Ditonto: That has been approved, 5 – 0.
Mr. Spanos: Thank you very much.
Chairwoman Ditonto: You are very welcome. Make sure you see, again, Mr. Scalise for information. Seeing no other business, we are going to close this meeting at 5:12 p.m.
There being no further business, the meeting was adjourned.
Leigh Anne Jordan, Acting Clerk/Treasurer
Zoning Board of Appeals
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