Zoning Board backs CEO’s decision on Dashnaw application and Wilson Farms had to remove fuel storage tanks
Leon Blair, Chairman of the Town of Peru Zoning Board of Appeals, called the meeting of Wednesday, May 16th, 2012 at 7:00pm to order.
PLEDGE OF ALLEGIANCE.
ROLL CALL:
LEON BLAIR, CHAIR : PRESENT
JAMES FALVO, VICE CHAIR : EXCUSED
ROB BASHAW : PRESENT
LAWRENCE BOSLEY : PRESENT
FRANK DENCHICK : PRESENT
TOM FUSCO : PRESENT
DON MCBRAYER : PRESENT
ATTY. THOMAS MURNANE : PRESENT
CEO: FRANK SLYCORD : PRESENT
APPROVAL OF APRIL MINUTES:
MOTION: Mr. Bashaw made a motion to approve April Minutes with a minor typographical error change. Second by Mr. Bosley.
ROLL CALL: Mr. Bashaw ~ yes, Mr. Bosley ~yes, Mr. Denchick ~ abstained, Mr. Fusco ~ abstained, Mr. McBrayer ~yes, Mr. Blair ~ yes.
MOTION CARRIED.
PUBLIC HEARING:
Mr. Blair stated because there is not a full board in attendance if either applicant would like to table their application until next month they could do so. Neither applicant opted to table their application.
1. APPLICATION: DAVID HUSBAND
Special Permitted Use for Recreation Facility @ #293.-1-27 ~ State Route 9
Mr. Husband was in attendance. Mr. Slycord explained the application by stating the applicant wishes to open and operate a seasonal kayak and canoe launching area from a piece of property. He is leasing on Route 9. It was recognized because this property is located in the APA this proposed project needed their approval. It was also recognized because this property is located within 500 feet of a State Road it needed to be referred to Clinton County Planning Board. It was acknowledged by Attorney Murnane that both the APA and CCPB approved the project but with conditions. The details of the conditions were discussed. The Board had some questions pertaining to the details and between Attorney Murnane and Mr. Husband those questions were answered to the satisfaction of the Board. The letters from the APA and the CCPB are on file in the applicants file folder located in the Codes Office. It was acknowledged a SEQR was required.
MOTION: Mr. McBrayer moved to declare this an unlisted action and name the Town of Zoning Board of Appeals as lead agency. Second by Mr. Denchick.
ROLL CALL: Mr. Bashaw ~ yes, Mr. Bosley ~yes, Mr. Denchick ~ yes, Mr. Fusco ~ yes, Mr. McBrayer ~yes, Mr. Blair ~ yes. mOTION CARRIED.
Mr. Murnane went over the SEQR; the Zoning Board of Appeals concurred there are no negative impacts.
MOTION: Mr. Bashaw moved to declare this a negative declaration. Second by Mr. McBrayer. ROLL CALL: Mr. Bashaw ~ yes, Mr. Bosley ~yes, Mr. Denchick ~ yes, Mr. Fusco ~ yes, Mr. McBrayer ~yes, Mr. Blair ~ yes. MOTION CARRIED
MOTION: Mr. Bashaw made a motion to approve the application with the conditions outlined by the APA, with the condition if the lease between the land owners and Mr. Husband is voided this application will be voided, and the approval of the Site Plan to be heard by the Planning Board on June 13th, 2012. Second by Mr. McBrayer. ROLL CALL: Mr. Falvo ~ yes, Mr. Bashaw ~ yes, Mr. Bosley ~ yes, Mr. Denchick ~ yes, Mr. Fusco ~ yes, Mr. McBrayer ~ yes, Mr. Blair ~ yes. MOTION CARRIED.
2. APPLICATION: HENTRY DASHNAW, JR. & KEVIN DASHNAW Appeal of Zoning Officer’s Decision
Henry Dashnaw, Sr., Kevin and Mike Dashnaw were present as well as their attorney Matthew Norfolk. It was acknowledged the reason for the application of appeal comes about because the applicant submitted a building permit application to the Code Enforcement Official back on 3/1/11 to erect a single family dwelling on Lot #11 on Fairway Drive. That application was denied based on Article 10 of the Town of Peru Subdivision Regulations. Attorney Norfolk took the floor and explained his applicant’s position as well as to acknowledge they are in litigation with the Town of Peru concerning the ownership of Fairway Drive. There was much discussion pertaining to the specifics of the lawsuit. It was ultimately established this Board is not here to determine if Fairway Drive is owned by the Dashnaw’s or the Town of Peru but rather to determine if the Code Enforcement Officer’s decision to not issue the Building Permit was in compliance with the Zoning Ordinance and based on the information that is before them they are going to support the previous decision of the Code Enforcement Officer.
MOTION: Mr. Bashaw made a motion to support the decision of the Code Enforcement Officer. Second by Mr. McBrayer. ROLL CALL: Mr. Falvo ~ yes, Mr. Bashaw ~ yes, Mr. Bosley ~ yes, Mr. Denchick ~ yes, Mr. Fusco ~ yes, Mr. McBrayer ~ yes, Mr. Blair ~ yes. MOTION CARRIED.
ANY FURTHER BUSINESS: Mr. McBrayer inquired about the removal of the gas tanks and canopy at the Wilson Farms located on the corner of Route 22 & Bear Swamp Rd. Mr. Slycord stated Wilson Farms leased the property and per their contract they were required to remove the tanks and canopy at the closing of the store. They obtained a demolition permit and the work is underway.
CEO REPORT: Mr. Slycord referenced the Building Monthly Report the Board Members were given and told the members if they had any questions to feel free to ask.
ADJOURNMENT: Mr. McBrayer moved for adjournment @ 8:23pm. All so moved.
Date Approved: 6/20/12
Date filed with Town Clerk: 6/21/12
Posted: June 21st, 2012 under General News, Zoning Board News.