The Peru Gazette

Leon Blair, Chairman of the Town of Peru Zoning Board of Appeals, called the meeting of Wednesday April 18^th, 2012 at 7:02pm to order.

PLEDGE OF ALLEGIANCE.

ROLL CALL LEON BLAIR, CHAIR: PRESENT

JAMES FALVO, VICE CHAIR: PRESENT

ROB BASHAW : PRESENT

LAWRENCE BOSLEY : PRESENT

FRANK DENCHICK: ABSENT

TOM FUSCO: EXCUSED

DON MCBRAYER : PRESENT

ATTY. THOMAS MURNANE : PRESENT

CEO: FRANK SLYCORD : PRESENT

APPROVAL OF SEPTEMBER & DECEMBER MINUTES: MOTION: Mr. McBrayer made a motion to approve September Minutes.  Second by Mr. Bosley. ROLL CALL:  Mr. Bashaw ~ yes, Mr. Bosley ~yes, Mr. McBrayer ~yes, Mr. Blair ~ yes. MOTION CARRIED.

MOTION: Mr. McBrayer made a motion to approve December Minutes with correction made to add Vice to Chairman pertaining to the Appointment of 2012 ZBA Officers.  Second by Mr. Falvo. ROLL CALL:  Mr. Falvo ~ yes, Mr. Bosley ~yes, Mr. McBrayer ~yes, Mr. Blair ~ yes. MOTION CARRIED.

PUBLIC HEARING:

1.     APPLICATION:CARRIE BRASHEAR – Area Variance ~ Dashnaw Rd.                       

Ms. Brashear along with her attorney Mr. Favro was present.  Mr. Slycord briefly explained the application.  Mr. Murnane explained the details of the application as well as the history of this applicant coming before this Board.  This parcel (#269.2-2-29.1 ~ 23.3 acres) was originally owned by Susan Hall and has never had road frontage however it does have a deeded right of way.  Ms. Brashear obtained the property from her mother Susan Hall.  Ms. Brashear’s goal is to subdivide this parcel and in doing so will create yet another landlocked parcel thus an Area Variance is required.  The proposed Lot #1, to be approximately 3 acres in size will be retained by the applicant, which will house the family homestead; which will continue to have the deeded right of way.  Lot #2, to be approximately 20 acres, is being sold to Timothy & Thomas Remillard, for agricultural purposes.  The Remillard’s will obtain a permanent transferable 30’ x 90’easement from abutting landowners, William and Janet Giroux, in order to access this 20.3 acre parcel.  Mr. Murnane stated he has reviewed the legal documents submitted by Mr. Favro and provided this Area Variance is granted, as well as the Subdivision approval, he sees no issues with the proposals.  There was some question as to whether Susan Hall had in fact gone through the proper Subdivision Approval back in 1992 when a 5 acres parcel was created and transfer of ownership went to Cheryl Lange, Susan Hall’s daughter.  It was established through record confirmation that was an in fact an approved subdivision by the Planning Board.  Concerns were raised regarding the proposed Lot #2 being developed in the future and it was established that conditions will be placed on this Variance which will clearly address this possible issue of concern.

MOTION:  Mr. Bashaw made a motion to approve the Area Variance conditional upon review of acceptable language being written into the deeds pertaining to restrictions of development on the 20.3 acre parcel being subdivided and purchased by the Remillards, reference the Easement Agreement, as well as Planning Board approval for the 2 Lot Subdivision.  Second by Mr. McBrayer.

ROLL CALL:  Mr. Falvo ~ yes, Mr. Bashaw ~ yes, Mr. Bosley ~ yes Mr. McBrayer ~ yes, Mr. Blair ~ yes.  MOTION CARRIED.

ANY FURTHER BUSINESS:  

Mr. McBrayer stated at the latest Town Board meeting there was some discussion of passing along any additional attorney fees incurred by the Town should be passed along to the applicant as well as to reflect this on the Town Fee Schedule.  Mr. Slycord stated he had brought it to the Town’s Board attention that there are times when an applicant’s attorney speaks to our attorney pertaining to an application that those fees are being paid by the Town and those “additional” fees should in fact be passed along to the applicant.  Mr. Murnane stated it is not normal practice for an applicant or their attorney to consult with him however there are times it is deemed necessary.  It was recognized the Town Board is the ultimately authority for the Fee Schedule and whether any changes are to be made to it.  It was also recognized that in both the ZBA and Planning Board By-Laws Article 7, Section 7.1 clearly states any professional fees are to be passed along to the applicant and Section 7.1 should be referenced on the application for the applicant’s acknowledgement and signature.  The new Draft Zoning Law was presented to the member for their review and comment.

 

CEO REPORT:  Mr. Slycord stated 25 new Building Permits have been applied for and issued.  He also stated there are a few Planning and Zoning Board applications on the horizon.  He concluded there have been a few complaints received and they are being addressed.

ADJOURNMENT:

Mr. Bashaw moved for adjournment @8:17pm.

All so moved.

Date Approved:  5/16/12

Dated Approved Minutes filed with Town Clerk:  5/17/12