Zoning Board had three item agenda in February. Here’s what happened!
Leon Blair, Chairman of the Town of Peru Zoning Board of Appeals, called the meeting of Wednesday, February 16th, 2011 at 7:00pm to order.
PLEDGE OF ALLEGIANCE.
ROLL CALL:
LEON BLAIR, CHAIR : PRESENT
JAMES FALVO, VICE CHAIR : PRESENT
ROB BASHAW : PRESENT
LAWRENCE BOSLEY : PRESENT
FRANK DENCHICK : EXCUSED
TOM FUSCO : PRESENT
DON MCBRAYER : PRESENT
ATTY. THOMAS MURNANE : PRESENT
APPROVAL OF JANUARY MINUTES:
MOTION: Mr. Fusco made a motion to approve the January Minutes. Second by Mr. Falvo.
ROLL CALL: Mr. Falvo – yes, Mr. Bashaw – yes, Mr. Bosley – yes, Mr. Fusco – yes, Mr. McBrayer – yes, Mr. Blair – yes.
MOTION CARRIED.
PUBLIC HEARING:
1. APPLICATION: CARRIE BRASHEAR
Area Variance ~ Dashnaw Rd.
This application was heard at the December 15th, 2010 meeting, but was tabled until this meeting pending further information. It was noted the Zoning Secretary spoke to Ms. Brashear on January 28th, 2011 to confirm she was planning on attending the meeting as well as to remind her to submit all additional information to the Codes Office by February 7th, 2011 in order to be included in the monthly packets for the ZBA Members to review prior to the meeting. Ms. Brashear stated she believed her lawyer had all the information and would forward it on to the Codes Office and would call back to confirm this. The applicant did not call back, nor did she submit the additional information, nor did she attend this meeting. Also note, the Board held this application to be heard last in hopes the applicant would show.
MOTION: Mr. McBrayer made a motion to deny this application due to the applicant did not remit any further information that was requested and she failed to attend this meeting. Second by Mr. Fusco. ROLL CALL: Mr. Falvo – yes, Mr. Bashaw – yes, Mr. Bosley – yes, Mr. Fusco – yes, Mr. McBrayer – yes, Mr. Blair – yes. MOTION CARRIED.
2. APPLICATION: KLC DEVELOPMENT, LLC
Area Variance ~ Calkins Rd.
Mr. Curry was present and explained his intention is to subdivide Parcel #291.-1-33.21; which measures 325’.00 x 201.06’, into 2 lots to ultimately measure 162.5’ x 201.06’ each. Thus, a 4,827.75 sq. ft. Area Variance for each lot is required. It was noted Mr. Curry would need to submit a Planning Board Application for subdivision approval. It was recognized this application was referred to CCPB. The Codes Office received a letter from CCPB dated February 15, 2011 stating they were unable to hold their meeting on February 2, 2011, therefore, this Board my render a decision at this time without an official County decision.
MOTION: Mr. Bashaw made a motion to approve the application. Second by Mr. McBrayer.
ROLL CALL: Mr. Falvo – yes, Mr. Bashaw – yes, Mr. Bosley – yes, Mr. Fusco – yes,
Mr. McBrayer – yes, Mr. Blair – yes. MOTION CARRIED.
3. APPLICATION: WAYNE REEVES
Area Variance ~ Blake Rd.
Mr. Reeves was present to explain his need for an Area Variance. He stated he built his garage back in 1999 and obtained a Building Permit from the Codes Office. He further explained he built on an addition in 2000 and thought the Building Permit issued for the garage would include this addition. He stated he had never heard anything to the contrary until the CEO came to his residence to site him for a code violation pertaining to the parking of his vehicles. It was at that time he was informed the addition to the garage does not meet the required 25’ side setback. He was also informed the original Building Permit did not include the construction of an addition. He was told he needed to apply for a Building Permit for the addition in order to get a Certificate of Occupancy. But, first he would need to apply for an Area Variance for a side setback. Mr. Reeves stated the CEO was very brief in his demands and unhelpful in aiding in the completion of the Zoning Board application. Mr. Reeves stated he completed the application to the best of his ability based on the limited information he was given by the CEO. He further stated the CEO gave it back to him and told him it was not good enough. Mr. Reeves said he completed another application and drew up a sketch of the garage noting the measurements. He stated his son dropped it off to the Codes Office and the Zoning Secretary accepted it and gave it to the CEO for his review. The CEO stated he did not need to review it. Mr. Reeves was very articulate in expressing his frustration and dissatisfaction with the CEO, not only regarding this Area Variance issue but with other violations he has been sited for; which he believed to be unfair and unjust.
It was explained to Mr. Reeves that although the Board can appreciate his frustrations, it is their responsibility to simply handle this Area Variance application. It was also acknowledged it is their duty to only allow the minimum necessary footage when granting an Area Variance and in order for them to even consider granting an Area Variance they need detailed information and accurate measurements and clearly there is a conflict in what is noted on the sketch plan and what Mr. Reeves verbally stated. Mr. Reeves sketch plan indicates the front right side of the addition is 18’ from the property line, which implies a 7’ Area Variance, is needed. However, he verbally stated the addition is 27’ from the property line, which would conclude he does not need an Area Variance at all. Thus it was established this application will need to be tabled until next month in order for Mr. Reeves to present to the Board accurate measurements so they can make a decision as to whether he does in fact need an Area Variance, and if so, how much of an Area Variance is actually needed. Mr. Reeves said he would obtain accurate measurements and submit them to the Zoning Secretary in a timely fashion in order for her to submit it to the ZBA Members to review prior to the March 16th, 2011 regular meeting.
MOTION: Mr. Bashaw made a motion to table this application until the March 16th, 2011 meeting pending further information. Second by Mr. Fusco. ROLL CALL: Mr. Falvo – yes,
Mr. Bashaw – yes, Mr. Bosley – yes, Mr. Fusco – yes, Mr. McBrayer – yes, Mr. Blair – yes. MOTION CARRIED.
ANY FURTHER BUSINESS:
Mr. McBrayer noted at the February 14th, 2011 Town Board Meeting a motion was approved to release the Casella performance bond.
CEO REPORT:
No report.
ADJOURNMENT:
Mr. Fusco moved for adjournment. Second by Mr. McBrayer.
Voice Vote. All so moved. MOTION CARRIED.
Date filed with Town Clerk: 2/18/11 ~ Draft
Approved: 3/16/11
Posted: March 18th, 2011 under Zoning Board News.