Leon Blair, Chairman of the Town of Peru Zoning Board of Appeals, called the meeting of September 15^th, 2010 to order at 7:00 pm.ROLL CALL:

LEON BLAIR, CHAIRMAN : PRESENT

JAMES FALVO, VICE CHAIRMAN : PRESENT

ROB BASHAW : PRESENT

FRANK DENCHICK : EXCUSED

TOM FUSCO : PRESENT

ROY ZALIS : PRESENT

LAWRENCE BOSLEY (ALT) : PRESENT

DON MCBRAYER (ALT) : PRESENT

ATTY. THOMAS MURNANE : PRESENT ~ excused late arrival @ 7:20pm

CEO PAUL BLAINE : PRESENT

APPROVAL OF AUGUST MINUTES:

MOTION: Mr. Bosley made a motion to approve the August Minutes. Second by Mr. Fusco.

ROLL CALL: Mr. Falvo – yes, Mr. Bashaw – yes, Mr. Fusco – yes, Mr. Zalis – yes,

Mr. Bosley – yes, Mr. McBrayer – abstained, Mr. Blair – yes.

MOTION CARRIED.

PUBLIC HEARING:

1. APPLICATION & SEQR: ROY BEDARD

Use Variance ~ Davey Rd.

Mr. Blair stated this application was tabled from last month’s meeting. He asked Mr. Blaine to speak on the application. Mr. Blaine took the floor and spoke about the project and the need for the Use Variance. He explained the lay of the land, and the project itself by showing photos through the slide presentation. He referenced this applicant did appear before the Planning Board on August 11^th, 2010 and the Planning Board did approve this project subject to the approval from the Zoning Board of Appeals. He also mentioned this application was referred to the CCPB and they deemed it to be a local issue. The applicant, Mr. Bedard, and the landowner, Mr. Davey were both present to answer any questions. Mr. Blaine introduced Mr. Keith Matott as representing the applicant/s.

Mr. Matott took the floor, he concurred with what Mr. Blaine had said. He referenced what the permitted uses are in the COM1 zone of the Town of Peru Zoning Ordinance and brought particular attention that residential uses, to include single and two-family dwellings are permitted uses. He further pointed out multi-family dwellings are permitted uses however they would simply require a special permitted use granted by this Board and are usually not denied. With that said, he noted that two 4-plex and/or one 8-plex unit would be allowed on a single lot in this zone, but pointed out this project, four duplex units, will be much better suited for this particular lot. He also wanted to note the importance of this project not requiring any area variances as all the set backs are being met given how the developer designed this proposed project to make the best possible use for this particular piece of property. Mr. Matott presented to the Board, as well as a copy for the applicant’s file folder, a prepared answer sheet for what he titled the “Variance Test” which specifically answered the Use Variance application questions #6., A. B. C. & D. He proceeded down through the answers in detail. He stated he understands the Board’s job but he would like the Board to consider this project for “the project” it is. He also stated from the Comprehensive Planning Committee’s point of view this is a very appropriate project and he provided a copy of the Comprehensive Plan Executive Summary, which has been approved by the Town Board, and again reiterated this project fits very well with the Town of Peru’s future vision. There was discussion on various topics amongst the Board members particularly regarding the difficulty in an applicant proofing hardship. There were also many questions posed regarding questions #6; all answered by Mr. Davey and Mr. Matott. It was reiterated from last month’s discussion this project will be built in two phases to begin this fall provided this variance is approved. It was also noted this proposed completed project will be owned by Mr. Bedard as rental units and will not be owned by the tenants. Mr. Bashaw asked many questions and made many comments regarding the financial information presented. Mr. Blair wanted it noted that the costs incurred by Mr. Davey for putting in the road, water, and utility improvements were for the entire parcel prior to subdividing it and selling the lots that have been sold to date, and not exclusively for the subject parcel. Mr. Falvo referenced the financial information submitted by the applicant and received in the Codes Office before 31^st of August, as directed by the Board, as opposed to what was submitted tonight for the Board’s review. He was very vocal in stating his concerns and his belief that the applicant was not able to proof the hardship was unique and not self-created. He stated this process of being granted a Use Variance is not intended to be easy and in fact variances should be hard to get approved. He stated he did in fact like the project but feels it deserves much more consideration. Mr. McBrayer was also vocal, his concentration was pointing out the positive aspects of the project. Other Board Members engaged in the discussion, had some questions, made comments but ultimately had no grave concerns. There were some very favorable comments made from audience members who are potential future renters of Mr. Bedard’s.

As noted from last month’s meeting, a SEQR (State Environmental Quality Review) is required.

MOTION: Mr. Zalis moved to declare this an unlisted action and name the Town of Peru Zoning Board as lead agency. Second by Mr. McBrayer. ROLL CALL: Mr. Falvo – yes, Mr. Bashaw – yes, Mr. Fusco – yes, Mr. Zalis – yes, Mr. Bosley – yes, Mr. McBrayer – yes, Mr. Blair – yes. MOTION CARRIED.

Mr. Murnane went over the SEQR; the Zoning Board concurred there are no negative environmental impacts.

MOTION: Mr. Falvo moved to declare this a negative declaration. Second by Mr. Bosley. ROLL CALL: Mr. Falvo – yes, Mr. Bashaw – yes, Mr. Fusco – yes, Mr. Zalis – yes, Mr. Bosley – yes, Mr. McBrayer – yes, Mr. Blair – yes. MOTION CARRIED.

MOTION: Mr. Zalis moved to approve the project, concurred by the Board with a stipulation of a completion date of September 1, 2011. Second by Mr. McBrayer. ROLL CALL: Mr. Falvo – no; stating it does not meet 6A for financial evidence and the hardship is not unique, Mr. Bashaw – yes, Mr. Fusco – yes, Mr. Zalis – yes, Mr. Bosley – yes, Mr. McBrayer – yes; stating although this project does not rigidly fit the Zoning regulations he believes it is exactly the type of project Peru is moving toward, Mr. Blair – no; stating although he likes the project, it does not meet the financial hardship. MOTION CARRIED.

2. APPLICATION: NEAL & KRISTINA DASHNAW

Use Variance ~ Strackville Rd.

Mr. Blaine took the floor and explained the applicant is seeking to construct a 20’ x 20’ hunting camp in zone RL-3 where that is not a permitted use. He went through the photo presentation showing the subject property. He stated there are no environmental concerns and proceeded to go over the site plan provided by the applicant. Attorney Murnane stated a SEQR should have been prepared and submitted with this application. With that said, there was some discussion and it was established this would need to be tabled until next month and in the interim the applicant was to complete the SEQR form as well as to provide additional information for question #6 on the application, and remit to the Codes Office in time to be included in next month’s packets.

MOTION: Mr. McBrayer made a motion to table the application until next month’s meeting to be held on October 20^th, 2010. Second by Mr. Fusco. ROLL CALL: Mr. Falvo – yes, Mr. Bashaw – yes, Mr. Fusco – yes, Mr. Zalis – yes, Mr. Bosley – yes, Mr. McBrayer – yes, Mr. Blair – yes.

MOTION CARRIED.

3. APPLICATION: DAVID GREENWOOD

Special Permitted Use ~ Reservoir Rd.

Mr. Blaine briefly explained the application stating the home is located in RL-1 zone. He introduced Mr. and Mrs. Greenwood stating they were present to offer any comments and/or answers any questions. Mr. Greenwood offered the explanation, and simply put, they need to have a legitimate home office for tax purposes. When asked by Mr. Falvo, Mr. Greenwood stated no other business is being operated at this residence. He further stated there would be no additional construction done to the home, nor is there a need for any additional parking because there would be no increase in customers and/or traffic. They are simply utilizing the existing back room of their home to conduct their property management business via phone, fax, computer, files, etc.

MOTION: Mr. Bashaw made a motion to approve the application, and the Board concurred on the following conditions: no signs, no parking, and no customers at this location. Second by Mr. Fusco. ROLL CALL: Mr. Falvo – yes, Mr. Bashaw – yes, Mr. Fusco – yes, Mr. Zalis – yes, Mr. Bosley – yes, Mr. McBrayer – yes, Mr. Blair – yes.

MOTION CARRIED.

4. APPLICATION: JENNIFER KANALY

Area Variance ~ John Boswell Rd.

Mr. Blaine explained the application and went through the photo presentation. The applicant is seeking to construct a 12’ x 24’ shelter/tack room for their horse and need a 25’ set back on both sides of where the proposed structure is to be erected. He stated it was an irregular shaped lot. He also stated there are no environmental concerns. He referenced the site plan submitted by the applicants. He stated Mr. and Mrs. Kanaly were present to answer any questions. A few questions were posed to the applicants all answered to the Board’s satisfaction.

MOTION: Mr. Zalis made a motion to approve a 25’ area variance on each side of the side lines of the proposed structure. Second by Mr. Bashaw. ROLL CALL: Mr. Falvo – yes, Mr. Bashaw – yes, Mr. Fusco – yes, Mr. Zalis – yes, Mr. Bosley – yes, Mr. McBrayer – yes, Mr. Blair – yes.

MOTION CARRIED.

ANY FURTHER BUSINESS:

No further business.

CEO REPORT:

Mr. Blaine went over the Building Monthly Report with no questions or comments from the Board. He referenced there is one site built home currently under construction, as well as several permits for small projects and renovations. He stated the total number of permits, on average, is on the high end. He stated he is continuing the enforcement of violations and made reference specifically to the violation on the corner of Route 9 and Bear Swamp Road saying there is currently a civil issue going on there but working toward the resolution of the problem.

ADJOURNMENT:

Motion Made by Mr. Zalis.

Second by Mr. Blair.

Voice Vote.

All so moved.

Date filed with Town Clerk 9/20/10