The Peru Gazette

Leon Blair, Chairman of the Town of Peru Zoning Board of Appeals, called the meeting of October 20, 2010 to order at 7:00 pm.

ROLL CALL:

LEON BLAIR, CHAIRMAN : PRESENT

JAMES FALVO, VICE CHAIRMAN : PRESENT

ROB BASHAW : EXCUSED

FRANK DENCHICK : PRESENT

TOM FUSCO : EXCUSED

ROY ZALIS : EXCUSED

LAWRENCE BOSLEY (ALT) : PRESENT

DON MCBRAYER (ALT) : PRESENT

ATTY. THOMAS MURNANE : EXCUSED

CEO PAUL BLAINE : PRESENT

APPROVAL OF SEPTEMBER MINUTES:

MOTION: Mr. Falvo made a motion to approve the September minutes with the changes that were noted. Second by Mr. McBrayer. ROLL CALL: Mr. Falvo – yes, Mr. Denchick – yes, Mr. Bosley – yes, Mr. McBrayer – yes, Mr. Blair – yes.

MOTION CARRIED.

PUBLIC HEARING:

1. APPLICATION & SEQR: NEAL & KRISTINA DASHNAW

Use Variance ~ Strackville Rd.

This application was tabled at the September 15^th, 2010 ZBA meeting pending further information. The applicant was to complete a SEQR and provide additional information for question #6 on the application. Per the application, the applicant is seeking to build a 20’ x 20’ hunting camp. The APA has deemed this a project that does not require a permit from their Agency. Mr. Falvo stated the applicant did not provide any more financial information, he stated the applicant actually provided less information. He reiterated that the burden to prove financial hardship, which is clearly required, is the responsibility of the applicant to provide to this Board. The applicant stated they bought this property believing they could build a hunting camp as there are many hunting camps in that area and had they known they would not be able to build a hunting camp they would have not bought the property. When asked where the camp is to be located on this 100+ acre piece of property the applicant stated the camp will be approximately ½ mile up the existing road. There was much discussion as to the permitted and special permitted uses of the property in this RL-3 zone. As noted from last month’s meeting, a SEQR (State Environmental Quality Review) is required.

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

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

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

MOTION: Mr. McBrayer moved to approve this Use Variance with the condition that this camp as drawn, wooden structure without a foundation, no power or plumbing, will be the only permitted structure on this parcel. This 20’ x 20’one floor structure is only to be used as a hunting camp and no modifications are to be made to it. Second by Mr. Bosley. ROLL CALL: Mr. Falvo – no, Mr. Denchick – yes, Mr. Bosley – yes, Mr. McBrayer – yes, Mr. Blair – yes. MOTION CARRIED.

2. APPLICATION: LEONARD & PAMELA JOZWIAK

Area Variance ~ 768 Bear Swamp Rd.

Mr. Blaine took the floor and explained this is an after effect for a small structure. He stated several area variances have been granted in this area due to the small lots. Mr. Jozwiak was present to answer any questions. He stated the structure he is seeking the Area Variance for is a 10’ x 10’ shed to house his 4 wheeler. When asked how long the structure has been in place Mr. Jozwiak said he constructed it a couple months ago. This application was referred to the CCPB and it was deemed a local issue.

MOTION: Mr. Falvo made a motion to approve a 13’ area variance on the west side of the property and a 5’ area variance on the north side of the property for this 10’ x 10’ pre-existing shed ONLY and if this shed is removed nothing else can be put in its place and no modifications can be made to this pre-existing structure. Second by Mr. Denchick.

ROLL CALL: Mr. Falvo – yes, Mr. Denchick – 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. Stated it was a fairly busy month due to the moving of mobile homes.

ADJOURNMENT:

Motion to adjourn made by Mr. McBrayer.

All so moved.

Date filed with Town Clerk 10/25/10