Zoning Board of Appeals Minutes - corrected (bold italic print) subject to approval.
Regular meeting - December 14, 2010
Call to Order: Rusty Dean called the meeting to order at 7:30PM
Members present: Rusty Dean, Ron Eygnor, Tom Hamilton, Dave Scudder, and Dave VanAcker. Brandon Furber and Gordon Smith were absent.
Other Officials Present: Roger Gallant - Building Inspector.
Guests: Debra and Paul Miller, George Silliman and Dennis Grandjean
Approval of Minutes: Tom Hamilton moved, seconded by Dave VanAcker to accept the minutes of November 9, 2010 as submitted.
VOTE: AYES: 5 NAYS: 0 ABSTAIN: 0
Applications for Variance
706-10-SP by Debra Miller of Wolcott, NY for property at 6150 Powers Rd., Wolcott, NY to open an Antique shop in her existing barn at 6150 Powers Rd. Section 42.0 of the Town of Huron Zoning Law requires a medium retail business to be allowed by "Special Permit" granted by the Zoning Board of Appeals.
Mrs. Miller said that she would like to sell antiques from her barn. She would use the existing barn, no changes would be made. There were no questions regarding the business plan that she submitted.
Rusty asked Roger Gallant if the sign met all other requirements except for height. Roger said that only the overall height had to be included in the motion.
There was no correspondence received and no one was present to speak for or against the application.
Tom Hamilton asked if there was turn-around room for customers and Mrs. Miller said that there was. All members present had inspected or were familiar with the site.
Dave Scudder led the board members through the process of filling out Part II of the short EAF.
The Board recommended the following responses:
A) No
B) No
C) 1. None
2. None
3. None
4. None (noting that D&L is located to the West, Lapp trucking to the North and HeadStart to the Northwest.
5. None
6. None
7. None
D) No
E) No
Dave Scudder moved, seconded by Tom Hamilton that the board approves this Part II of the short EAF, and makes a negative declaration that the project would not have a significant impact on the environment.
VOTE: AYES: 5 NAYS: 0 ABSTAIN: 0
Tom Hamilton moved, seconded by Ron Eygnor to accept the application as submitted with the sign meeting all other requirements.
Discussion: Dave Scudder asked if the Site Plan was approved by the Planning Board and was told that the Planning Board had reviewed the application and had no concerns.
VOTE: AYES: 5 NAYS: 0 ABSTAIN: 0
The application for Special Permit was approved.
#707-10-A by George W. Silliman of Wolcott, NY for property at 7995 Dutch St., Wolcott, NY to build a roof structure over an existing concrete pad in front of his garage. Section 42.0 (a) of the Town of Huron Zoning Law requires all structures in the A5A District to have a 50ft side yard set back.
Dave Scudder moved, seconded Ron Eygnor that the board find this request for Area variance to be a Type II action per section 617.5 (c) (12) of SEQR having no significant environmental impact.
VOTE: AYES: 5 NAYS: 0 ABSTAIN: 0
Mr. Silliman stated that he wanted to put an extension on the front of his garage which would be over a concrete pad. It would be used for a carport and small work area.
Rusty asked if he was planning on enclosing it. Mr. Silliman said he was not.
There was no one present to speak for or against the application.
Rusty had correspondence from John Crane supporting the application. Mr. Crane's property borders Mr. Silliman's on three sides.
Rusty asked Roger Gallant what he had found out about the right of way and the location of the cement pad. Roger said that Chuck Bush had told him to measure from the center of the road back 25ft. Roger measured from the center of the road back and said that Mr. Silliman's pole from the proposed roof would be 5ft inside the right of way. Roger said that even though Chuck Bush said it would not be in the way, it still would be located in a right of way.
Rusty explained to the applicant that the board could not grant a variance to build in the right of way and Mr. Silliman said that he was willing to move it 5ft.
Rusty wondered if there were any survey stakes to show where the property lines were since the center of the road was not always accurately placed. Mr. Silliman said there were not.
All members present except Dave VanAcker had inspected or were familiar with the site.
Ron Eygnor asked if the existing cement pad was in the right of way and was told that it was.
Roger shared that Chuck Bush said that due to the speed that they travel around that corner, it would not be a problem for the town trucks but it would be setting a precedent for building in a right of way.
Dave VanAcker stated that the corner of the house must also be on the right of way and was told that it is.
Mr. Silliman said the house was constructed about 1870 and has been added on to several times.
Rusty said that because of all the pre-existing non conformities, he wouldn't have a problem with it.
Dave Scudder feels that the applicant is asking too much; that the setback in this area is 50ft and to continue to encroach upon the right of way would concern him.
After further discussion, Tom Hamilton moved, seconded by Dave VanAcker to deny the application due to the proximity to the road right of way.
Discussion: Rusty spoke about the fact that the board had granted setbacks as small as 6ft. Dave Scudder said that was true but in a different district where the setbacks are 10ft not 50ft.
VOTE: AYES: 5 NAYS: 0 ABSTAIN: 0
The application was denied.
Correspondence: None
Unfinished Business: Roger wondered how the board was feeling about the attorney's response to the Herrick case. After discussion, the board thought that based on the current information, his application would not be approved but noted that Mr. Herrick could certainly come before the board if he chose to.
New Business:
1.) Proposed 2011 calendar
Rusty Dean moved, seconded by Dave Scudder to accept as proposed. All were in favor.
2.) Number of Board Members
There was discussion about the possibility of the Town Board reducing the number of members on the Zoning Board. Ron Eygnor's term is up, this was his last meeting.
The points of discussion were:
*there were two members absent tonight - that would put a five member board down to only three voting members
*having an alternate member - they had tried to make the secretary the alternate, but it was turned down before
*having an alternate member who would be required to attend meetings, etc. but they would be paid anyway
*having seven members allows for a good mix of experience which helps in making decisions
*the current board has many years of experience and they know a lot about town history
*currently there is good representation for agriculture, waterfront
*reason for considering reducing the numbers - financial, many boards have already gone to five member boards or even a three member board
Dave Scudder moved, seconded by Rusty Dean that a letter of recommendation be submitted to the Town Board that they retain a seven person ZBA. The board feels that it is of value to the Town to have seven people and the positions and experience that they represent. The clerk will submit the letter before next Monday's meeting. All members were in favor.
Other
1.) Roger reported that there was a cargo-tainer in the Resort district being used for storage while work is being done inside the house (allowed in zoning) and will be removed as soon as the work is finished.
2.) Dave VanAcker asked if anything was being done with the building next to Rusty's. Roger said that he will be working on that. He said he has taken pictures. Rusty asked what the procedure is with a situation like that. Roger said if it is deemed unsafe, he tries to get access from the homeowner but can go through the town board or the Justice if necessary. Roger said it usually takes about 6 months to go through the process.
3.) Dave Scudder moved, seconded by Tom Hamilton that Rusty Dean continue as Chairman of the Zoning Board of Appeals and that Brandon Furber continue as Vice-Chairman. All were in favor.
Adjournment
Ron Eygnor moved, seconded by Tom Hamilton to adjourn the meeting at 8:35PM
All were in favor.
Respectfully submitted,
Kathy Grandjean, clerk
