Town Of Marcy
Oneida County
Minutes
Page 1
TOWN OF
STATE OF
ZONING BOARD OF APPEALS
DECEMBER 4, 2006
The Town of Marcy Zoning Board of Appeals held one (1)
Public Hearing on Monday, December 4, 2006 at 7:00PM at the
THOSE PRESENT: Zoning Board of Appeals
Chairman Carson
Zoning Board of Appeals Member Paul M. Evans
Zoning Board of Appeals Member Richard Panella
Zoning Board of Appeals Member Frank J. Pinnisi
Zoning Board of Appeals Member Lant C. Wagner
Zoning Board of Appeals Secretary Lori A. Rockwell
Zoning Board of Appeals Chairman Carson E. Sorrell called the Public Hearing to order at 7:00PM with the Pledge of Allegiance.
Zoning Board of Appeals Secretary Lori A. Rockwell read the Legal Notice that was published in the
Observer Dispatch on Wednesday, November 29, 2006.
PATRICK CASSIDY,
Area Variances
Plan Review of an
Oversized
Tax Map Number 227.003-1-18
Zoned
R-20/Residential 20,000
Appeal Number 2006-85-18
Mr. Cassidy attended the October 10, 2006 Zoning Board of Appeals Meeting. Mr. Cassidy would like to construct a 40’ x 64’ accessory building on his property. The proposed accessory building would be 23’ in height and 30’ from the rear yard property line.
Mr. Cassidy has applied for Area Variances for the size of the accessory building, the 23’ height (20’ allowed), and the 20’ rear yard setback (50’ required).
NYS Route 291 is a
The Oneida County Department of Planning has not responded to the 239 Review and has had well over the required thirty (30) days to do so.
The New York State Department of Transportation has not responded to the 239 Review and has had well over the required thirty (30) days to do so.
Zoning Board of Appeals Meeting 12/04/06 Page 2
Zoning Board of Appeals Chairman Carson E. Sorrell asked if there were any comments or questions from the Public.
Zoning Board of Appeals Chairman Carson E. Sorrell asked if there were any comments or questions from the Board.
Mr. Cassidy stated that the accessory building will actually be 20’ from the rear yard property line.
Zoning Board of Appeals Chairman Carson E. Sorrell noted that Mr. Cassidy’s property is slightly over three (3) acres.
Hearing no further business, Zoning Board of Appeals Member Frank J. Pinnisi made a motion to close the Public Hearing; seconded by Zoning Board of Appeals Member Paul M. Evans.
All Members Voting: Aye
Zoning Board of Appeals Chairman Carson
Zoning Board of Appeals Member Frank J. Pinnisi made a motion to dispense with the reading of the
November 6, 2006 Zoning Board of Appeals Minutes; seconded by Zoning Board of Appeals Member
Paul M. Evans.
All Members Voting: Aye
Zoning Board of Appeals Chairman Carson E. Sorrell asked if there were any corrections.
Zoning Board of Appeals Member Frank J. Pinnisi made a motion to approve the November 6, 2006 Zoning
Board of Appeals Minutes as written; seconded by Zoning Board of Appeals Member Richard Panella.
All Members Voting: Aye
PATRICK CASSIDY,
Area Variances
Plan Review of an
Oversized
Tax Map Number 227.003-1-18
Zoned
R-20/Residential 20,000
Appeal Number 2006-85-18
Zoning Board of Appeals Members have reviewed the application for Area Variances to construct a 40’ x 64’ accessory building, 23’ in height and 20’ from the rear yard property line. A 239 Review has been completed in accordance with General Municipal Law. A Legal Notice was published in the Observer Dispatch as required by General Municipal Law. A copy of the Public Hearing Notice was mailed to all property owners within 500’ of the proposed project.
Zoning Board of Appeals Members discussed the criteria for the Area Variances.
Zoning Board of Appeals Meeting 12/04/06 Page 3
Zoning Board of Appeals Chairman Carson E. Sorrell noted that the proposed structure is twice as large as what is allowed by the Zoning Ordinance.
Mr. Cassidy stated that he will store his 36’ camping trailer, a boat, a party barge, snowmobiles, etc. Mr. Cassidy stated that the building will be used for cold storage and that there will be absolutely nothing commercial or business related stored in the accessory building.
Zoning Board of Appeals Chairman Carson E. Sorrell discussed the possibility of changing the plans. Mr. Cassidy stated that he would prefer to not make any changes.
Mr. Cassidy stated that the accessory building will be used to store long equipment and that he would prefer a straight shot into the building.
Zoning Board of Appeals Chairman Carson E. Sorrell stated that he is concerned with the large size, but noted that agricultural operations do have some larger barns, etc.
Zoning Board of Appeals Member Lant C. Wagner asked if Mr. Cassidy has had any problems with flooding from the Nine Mile Creek. Mr. Cassidy stated that he hasn’t had any problems with flooding.
Zoning Board of Appeals Member Frank J. Pinnisi made a motion to approve the application for an Area Variances to construct a 40’ x 64’ accessory building, 23’ in height and 20’ from the rear yard property line, with the condition that the accessory building be used strictly for personal storage; seconded by Zoning Board of Appeals Member Lant C. Wagner.
All Members Voting:
Zoning Board of
Appeals Chairman Carson
Zoning Board of Appeals Member Paul M. Evans Granted
Zoning Board of Appeals Member Richard Panella Granted
Zoning Board of Appeals Member Frank J. Pinnisi Granted
Zoning Board of Appeals Member Lant C. Wagner Granted
Zoning Board of Appeals Member Frank J. Pinnisi made a motion for the following resolution; seconded by Zoning Board of Appeals Member Lant C. Wagner.
All Members Voting: Aye
ZONING DECISION: Area Variance Granted
APPEAL ACTION
Appeal Number: 2006-85-18 Dated: October 10, 2006
ACTION OF THE ZONING
BOARD OF APPEALS
TO: PATRICK
CASSIDY
Zoning Board of Appeals Meeting 12/04/06 Page 4
At a meeting of the Zoning Board of Appeals on December 4,
2006 the referenced appeal was considered and the action indicated below was
taken on your request for an Area Variance to the Town of
Application for
Area Variances to construct a 40’ x 64’ accessory building, 23’ in height and
20’ from the rear yard property line.
By resolution of the Board, it was determined that:
The requested variance will not produce an undesirable change in the character of the neighborhood.
No substantial detriment will be created to nearby properties.
There was no other feasible method available for you to pursue to achieve the benefit you seek other than the requested variance.
The requested variance is substantial, but it will not change the character of the neighborhood.
The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
f. While the alleged difficulty was self-created, the granting of the requested variance is nevertheless not precluded.
The variance is the minimum necessary to grant relief from your difficulty.
CONCLUSION: Therefore, it was determined that the requested variance be granted, and that the previous decision of the Enforcement Officer be reversed.
Mr. Cassidy will need to attend the December 18, 2006 Planning Board Meeting in order to apply for a Site Plan Review of an Oversized Accessory Building.
PETER BATHKE,
Area Variances
Tax Map Number 306.007-1-8
Zoned
CG/General Commercial
Appeal Number 2006-82-19
Mr. Bathke attended the October 16, 2006 Review Panel
Meeting. Mr. Bathke recently purchased
property on
Area Variances will be required for the two (2) front yard setbacks (corner lot) which are existing non-conforming front yard setbacks; the proposed 8’ side yard; the 107.5’ lot width which is also existing non-conforming (125’ required); and the existing non-conforming lot size which is 16,000+ square feet (30,000 square feet required).
Zoning Board of Appeals Members reviewed the plans and paperwork.
Zoning Board of Appeals Chairman Carson E. Sorrell noted that most of the dimensions are existing and non-conforming.
Zoning Board of Appeals Meeting 12/04/06 Page 5
It was noted that an addition will be constructed to the side and to the rear of the existing garage. A carport
will be constructed to the rear of the existing garage.
It was noted that this is a corner lot.
Mr. Bathke stated that he has removed many of the trees from the property.
Zoning Board of Appeals Chairman Carson E. Sorrell stated that Mr. Bathke had mentioned at the Review
Panel Meeting that he was attempting to purchase a 50’ strip of land from the adjacent property owner and
questioned if anything has been done with this. Mr. Bathke stated that he has not been able to contact
anyone yet concerning purchasing the 50’ strip.
Mr. Bathke noted that although he does not own it, he has been cleaning out the 50’ strip of land.
Mr. Bathke stated that he purchased this property in June 2006.
Mr. Bathke stated the his brother-in-law and his neighbor will be assisting him with the construction.
Mr. Bathke stated that he will be putting up Texture 111 for now and possibly vinyl siding in a few years.
Mr. Bathke stated that he is proposing pole barn construction on black top.
Mr. Bathke stated that the estimated value of construction is under $2,000 since he will be getting all of his
supplies for free.
Zoning Board of Appeals Chairman Carson E. Sorrell noted that the actual value including the value of
supplies would be almost $20,000. Zoning Board of Appeals Chairman Carson E. Sorrell stated that Mr.
Bathke may need a stamped set of plans in order to obtain a building permit.
Mr. Bathke stated that the carport will be enclosed but that the two (2) ends will remain open. The carport
will not have a door.
Zoning Board of Appeals Chairman Carson E. Sorrell noted that all of the required paperwork appears to be
in order.
This portion of
Zoning Board of Appeals Member Frank J. Pinnisi made a motion to accept the application for Area Variances to install a carport and construct an addition to the existing building on a lot with existing non-conforming front yard setbacks; a proposed 8’ side yard; 107.5’ lot width which is existing non-conforming (125’ required); and existing non-conforming lot size which is 16,000+ square feet (30,000 square feet required), and schedule a Public Hearing for Monday, January 8, 2007; seconded by Zoning Board of Appeals Member Paul M. Evans.
All Members Voting: Aye
The required $100.00 fee was received.
Zoning Board of Appeals Meeting 12/04/06 Page 6
Mr. Bathke will be reminded by mail of his Public Hearing date.
BRAD MURDOCK,
Area Variance
Site Plan Review
Tax Map Number 246.000-2-31.20
Zoned
AG/Agricultural
Appeal Number 2006-91-20
Mr. Murdock attended the November 13, 2006 Review Panel
Meeting. Mr. Murdock is in the process
of purchasing property on
The proposed accessory building would be 20’ to the peak which is allowed by the Zoning Ordinance.
Zoning Board of Appeals Members reviewed the plans and paperwork.
Mr. Murdock stated that he recently purchased the property.
Mr. Murdock noted that his lot is 200’ x 600’.
It was noted that the proposed side yard setbacks are 30’ and 140’ and the proposed rear yard is 240’ which meet the requirements.
It was noted that Mr. Murdock owns a 2.75 acre parcel.
Mr. Murdock stated that he will hire a contractor to construct the metal pole barn.
Zoning Board of Appeals Chairman Carson E. Sorrell noted that the proposed building is slightly over 56’ 2” out to out which makes the building a little larger than stated.
Mr. Murdock stated that there is a home on the property.
It was noted that the proposed accessory building is valued at $23,000. Mr. Murdock stated that he will provide a stamped set of drawings for the building permit.
Mr. Murdock will use the accessory building for his hobby shop, storage of his motorcycle, cars, etc. Mr. Murdock stated that the accessory building will be used strictly for personal storage.
Mr. Murdock stated that he is not sure if the building will be heated but that he will have a concrete floor with possible tubing. There will be no plumbing or floor drains in the proposed building.
Zoning Board of Appeals Chairman Carson E. Sorrell stated that if Mr. Murdock heats the accessory building, he will need to meet the energy code.
Zoning Board of Appeals Meeting 12/04/06 Page 7
Mr. Murdock stated that he will have two (2) windows on each side of the building. There will also be one (1) overhead door and one (1) entrance door.
Zoning Board of Appeals Member Richard Panella made a motion to accept the application for an Area
Variance to construct a 56’ x 30’ accessory building and to schedule a Public Hearing for January 8, 2007; seconded by Zoning Board of Appeals Member Frank J. Pinnisi.
All Members Voting: Aye
If the application for an Area Variance is approved by the
Zoning Board of Appeals, Mr. Murdock would then be referred to the Planning
Board for a Site Plan Review of an
The required $100.00 was received.
Mr. Murdock will be notified by mail of his Public Hearing date.
OTHER BUSINESS
Zoning Board of Appeals Member Paul M. Evans will attend the December 14, 2006 Town Board Meeting.
Zoning Board of Appeals Chairman Carson E. Sorrell will attend the January 2007 Town Board Meeting.
The next Zoning Board of Appeals Meeting is scheduled for Monday, January 8, 2007.
Tentative Agenda: Peter Bathke, Area Variances, Public Hearing
Brad Murdock, Area Variance, Public Hearing
Zoning Board of Appeals Member Richard Panella made a motion to accept the following dates as Regular Meeting dates of the Zoning Board of Appeals for 2007; seconded by Zoning Board of Appeals Member Frank J. Pinnisi.
All Members Voting: Aye
2007 Zoning
Board of Appeals Meeting Dates
The Town of Marcy
Zoning Board of Appeals has established the following as Regular Meeting dates
for 2007:
January 8,
2007; February 5, 2007; March 5, 2007; April 2, 2007; May 7, 2007;
June 4, 2007;
July 9, 2007; August 6, 2007; September 4, 2007 (Tuesday); October 9, 2007 (Tuesday);
November 5,
2007; and December 3, 2007.
All Meetings will
begin at 7:00PM at the
Meetings of the
Zoning Board of Appeals are open to the public in accordance with Open Meetings
Law (Public Officers Law, Section 100).
Zoning Board of Appeals Meeting 12/04/06 Page 8
Zoning Board of Appeals Members discussed the Summary of 2006.
Zoning Board of Appeals Members discussed the November 13, 2006 Review Panel Meeting, specifically
the request to park a truck and 53’ trailer on an oversized driveway in a Residential 20,000 District.
Zoning Board of Appeals Member Frank J. Pinnisi made a motion to recommend to the Town Board that Richard Panella be reappointed as a Zoning Board of Appeals Member for a five (5) year term of office beginning on January 1, 2007; seconded by Zoning Board of Appeals Member Lant C. Wagner.
All Members Voting:
Zoning Board of Appeals Chairman Carson E. Sorrell Aye
Zoning Board of Appeals Member Paul M. Evans Aye
Zoning Board of Appeals Member Richard Panella Abstain
Zoning Board of Appeals Member Frank J. Pinnisi Aye
Zoning Board of Appeals Member Lant C. Wagner Aye
Zoning Board of Appeals Member Paul M. Evans made a motion to recommend to the Town Board that
Lori A. Rockwell be reappointed as Zoning Board of Appeals Secretary for a two (2) year term of office beginning on January 1, 2007; seconded by Zoning Board of Appeals Member Frank J. Pinnisi.
All Members Voting: Aye
Having no further business, Zoning Board of Appeals Member Richard Panella made a motion to adjourn the Meeting at 8:15PM; seconded by Zoning Board of Appeals Member Lant C. Wagner.
All Members Voting: Aye
Respectfully submitted,
Lori A. Rockwell
Zoning Board of Appeals Secretary
December 10, 2006
