Town Of Marcy
Oneida County
Minutes
Page 1
TOWN OF MARCY
COUNTY OF ONEIDA
STATE OF NEW YORK
ZONING BOARD OF APPEALS
NOVEMBER 5, 2007
The Town of Marcy Zoning Board of Appeals held four (4) Public Hearings on Monday, November 5, 2007 at 7:00PM at the Marcy Municipal Building, 8801 Paul Becker Road, Marcy, New York.
THOSE PRESENT: Zoning Board of Appeals Chairman Carson E. Sorrell
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. Wrobel
Zoning Board of Appeals Chairman Carson E. Sorrell called the Public Hearings to order at 7:00PM with the Pledge of Allegiance.
Zoning Board of Appeals Secretary Lori A. Wrobel read the Legal Notice that was published in the Observer
Dispatch on Wednesday, October 31, 2007.
PAUL HILLEBRAND, 9028 Horatio Ave
Area Variance
Tax Map Number 292.001-1-36
Zoned R-20/Residential 20,000
Appeal Number 2007-90-12
Mr. Hillebrand attended the October 9, 2007 Zoning Board of Appeals Meeting. Mr. Hillebrand would like to construct a new front porch. The existing front entrance (4’ x 6’ concrete) does not meet the required front yard setback. Mr. Hillebrand would like to construct a 6’ x 26’ front porch.
Mr. Hillebrand has applied for an Area Variance will be required from the Zoning Board of Appeals for the proposed 45’ front yard setback since the Zoning Ordinance requires 50’.
Horatio Ave is a Town Road, therefore a 239 Review was not required.
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.
The required $100.00 fee has been received.
Zoning Board of Appeals Meeting 11/05/07 Page 2
Hearing no comments, Zoning Board of Appeals Member Frank J. Pinnisi made a motion to close the Public
Hearing; seconded by Zoning Board of Appeals Member Richard Panella.
All Members Voting: Aye
RALPH DESTEFANIS, 6298 Trenton Road
Area Variance
Tax Map Number 279.000-2-65
Zoned R-20/Residential 20,000
Appeal Number 2007-91-11
Mr. DeStefanis attended the October 9, 2007 Zoning Board of Appeals Meeting. Mr. DeStefanis would like to construct an awning to the side of his existing garage. The proposed 40’ x 10 ½’ awning would be open with 6” x 6” posts and a metal or shingled roof.
Mr. DeStefanis has applied for an Area Variance for the proposed front yard setback which would be 44’ rather than the required 50’.
Trenton Road is a County Road, therefore a 239 Review was required.
The Oneida County Department of Planning has “No recommendation as to final action”.
The Oneida County Department of Public Works “has received the above mentioned Area Variance application for review. In accordance with Section 239-f of NYS General Municipal Law, we offer the following comments:
- If the area variance is approved, no significant impacts to Trenton Road are evident from the awning construction.
- Section 136 of the NYS Highway Law requires a permit to be obtained for any access, construction, or reconstruction within the right-of-way of a County highway. Any above recommendation given by this department will be a required action for any permit approval. The permits are obtained through our Division of Highways and Bridges. Items of concern include:
1. Verify that adequate sight distance is provided at future access locations.
2. Construction shall not adversely affect the highway drainage or drainage of adjacent property.
Questions regarding this review should be directed to James Bartkowiak of our office at (315) 793-6220.”
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.
The required $100.00 has been received.
Hearing no comments, Zoning Board of Appeals Member Richard Panella made a motion to close the Public Hearing; seconded by Zoning Board of Appeals Member Frank J. Pinnisi.
All Members Voting: Aye
Zoning Board of Appeals Meeting 11/05/07 Page 3
LARRY PISANO for PROPERTY OWNED BY TOM and ELIZABETH ANN CLEARY, 5501
Woodlawn Place
Area Variances
Tax Map Number 306.007-2-34
Zoned R-20/Residential 20,000
Appeal Number 2007-76-13
Mr. Pisano attended the October 9, 2007 Zoning Board of Appeals Meeting. Mr. Pisano has been hired to construct a dormer addition to the existing home owned by Tom and Elizabeth Cleary that has 60’ of frontage which is non-conforming.
Mr. Pisano has applied for Area Variances for both side yards and the front yard (corner lot) which are all existing non-conforming (13’ on Woodlawn West; 30’ on Woodlawn; and 4’ on South side). The Zoning Ordinance requires a 50’ front yard setback and a minimum 15’ side yard setback.
All setbacks are existing non-conforming.
Woodlawn Place is a Town Road, therefore a 239 Review was not required.
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.
The $100.00 fee has not been received as of this date.
Hearing no further comments, Zoning Board of Appeals Member Lant C. Wagner made a motion to close the
Public Hearing; seconded by Zoning Board of Appeals Member Paul M. Evans.
All Members Voting: Aye
DONALD BUTTENSCHON for PROPERTY OWNED BY DENNIS BUTTENSCHON, Flanagan
Road
Mailing Address: 5530 Flanagan Road, Marcy, New York 13403
Area Variance
Minor Four (4) Lot Subdivision
Minor Three (3) Lot Subdivision
Property Line Changes
Tax Map Number 306.000-2-20 and 306.007-1-65
Zoned R-20/ Residential 20,000
Appeal Application 2007-00-14
Zoning Board of Appeals Meeting 11/05/07 Page 4
Mr. Buttenschon attended the June 25, 2007, July 16, 2007, August 13, 2007 and September 24, 2007 Planning Board Meetings as well as the October 9, 2007 Zoning Board of Appeals Meeting. Mr. Buttenschon and his brother have recently purchased property on Flanagan Road.
One (1) of the proposed lots has substandard frontage and has been referred by the Planning Board to the Zoning Board of Appeals. Mr. Buttenschon has applied for an Area Variance for a proposed lot with 50’ of substandard frontage rather than the required 100’.
Flanagan Road is a Town Road, therefore a 239 Review was not required.
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.
Zoning Board of Appeals Chairman Carson E. Sorrell asked if Dennis Buttenschon owns this property. Donald Buttenschon stated that the property is owned by Dennis Buttenschon (who was also present for this meeting).
The required $100.00 fee has been received.
Hearing no further comments, Zoning Board of Appeals Member Richard Panella made a motion to close the Public Hearing; seconded by Zoning Board of Appeals Member Lant C. Wagner.
All Members Voting: Aye
Zoning Board of Appeals Chairman Carson E. Sorrell make a motion to call the Regular Meeting to
order at 7:10PM.
Zoning Board of Appeals Member Paul M. Evans made a motion to dispense with the reading of the October
9, 2007 Zoning Board of Appeals Minutes; seconded by Zoning Board of Appeals Member Frank J. Pinnisi.
All Members Voting: Aye
Zoning Board of Appeals Chairman Carson E. Sorrell asked if there were any corrections.
Zoning Board of Appeals Member Richard Panella made a motion to approve the October 9, 2007 Zoning Board of Appeals Minutes as written; seconded by Zoning Board of Appeals Member Lant C. Wagner.
All Members Voting: Aye
PAUL HILLEBRAND, 9028 Horatio Ave
Area Variance
Tax Map Number 292.001-1-36
Zoned R-20/Residential 20,000
Appeal Number 2007-90-12
Zoning Board of Appeals Meeting 11/05/07 Page 5
Zoning Board of Appeals Members have reviewed the application for an Area Variance to construct a front porch 45’ from the front yard property line rather than the required 50’. A 239 Review was not required for this application. 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 discussed the criteria for the Area Variance.
Zoning Board of Appeals Chairman Carson E. Sorrell asked if the 4’ was toward the road. Mr. Hillebrand stated that the 4’ is toward the road and that the width is 6’.
Mr. Hillebrand stated that he would like to build out 2’ farther than the existing porch.
Zoning Board of Appeals Members agreed that this request is not substantial and minor compared to the fact that it is existing already.
Zoning Board of Appeals Member Frank J. Pinnisi made a motion to approve the application for an Area Variance to construct a front porch 45’ from the front yard property line rather than the required 50’; seconded by Zoning Board of Appeals Member Paul M. Evans.
All Members Present Voting:
Zoning Board of Appeals Chairman Carson E. Sorrell Granted
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 Lant C. Wagner made a motion for the following resolution; seconded by Zoning Board of Appeals Member.
All Members Voting: Aye
ZONING DECISION: Area Variance Granted
APPEAL ACTION
Appeal Number: 2007-90-12 Dated: October 9, 2007
ACTION OF THE ZONING BOARD OF APPEALS
TO: PAUL HILLEBRAND
9028 Horatio Ave
Marcy, New York 13403 Tax Map Number 292.001-1-36
At a meeting of the Zoning Board of Appeals on November 5, 2007 the referenced appeal was considered and the action indicated below was taken on your request for an Area Variance to the Town of Marcy Zoning Ordinance.
Application for an Area Variance to construct a front porch 45’ from the front yard property line rather than the required 50’.
Zoning Board of Appeals Meeting 11/05/07 Page 6
By resolution of the Board, it was determined that:
There is not sufficient area available to the Appellant to satisfy the 50’ front yard setback requirement.
The Appellant can provide a 45’ front yard which the Board feels is sufficient.
It was further 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 not substantial.
The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
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. Hillebrand may contact Codes Enforcement Officer Timothy Russell for the required permit.
RALPH DESTEFANIS, 6298 Trenton Road
Area Variance
Tax Map Number 279.000-2-65
Zoned R-20/Residential 20,000
Appeal Number 2007-91-11
Zoning Board of Appeals Members have reviewed the application for an Area Variance to construct an awning to the side of the existing garage 44’ from the front yard property line rather than the required 50’. 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 Variance.
Zoning Board of Appeals Member Paul M. Evans questioned the setback and explained that he calculates a 41’ setback rather than a 44’ setback.
Zoning Board of Appeals Members explained that if they approve the request for an Area Variance for a 44’ front yard setback, the awning could not be any less than that.
Zoning Board of Appeals Meeting 11/05/07 Page 7
Zoning Board of Appeals Member Frank J. Pinnisi made a motion to approve the application for an Area
Variance to construct an awning to the side of the existing garage 41’ from the front yard property line rather
than the required 50’; seconded by Zoning Board of Appeals Member Paul M. Evans.
All Members Voting:
Zoning Board of Appeals Chairman Carson E. Sorrell Granted
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 Lant C. Wagner made a motion for the following resolution; seconded by Zoning Board of Appeals Member Frank J. Pinnisi.
All Members Voting: Aye
ZONING DECISION: Area Variance Granted
APPEAL ACTION
Appeal Number: 2007-97-11 Dated: October 9, 2007
ACTION OF THE ZONING BOARD OF APPEALS
TO: RALPH DESTEFANIS
6298 Trenton Road
Utica, New York 13502 Tax Map Number 279.000-2-65
At a meeting of the Zoning Board of Appeals on November 5, 2007 the referenced appeal was considered and the action indicated below was taken on your request for an Area Variance to the Town of Marcy Zoning Ordinance.
Application for an Area Variance to construct an awning to the side of the existing garage 41’ from the front yard property line rather than the required 50’.
By resolution of the Board, it was determined that:
There is not sufficient area available to the Appellant to satisfy the 50’ front yard setback requirement.
The Appellant can provide a 41’ front yard setback which the Board feels is sufficient.
It was further determined that:
a. 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 not substantial.
The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
Zoning Board of Appeals Meeting 11/05/07 Page 8
f. While the alleged difficulty was self-created, the granting of the requested variance is nevertheless not precluded.
g. 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. DeSantis may contact Codes Enforcement Officer Timothy Russell for the required permit.
LARRY PISANO for PROPERTY OWNED BY TOM and ELIZABETH ANN CLEARY, 5501
Woodlawn Place
Area Variances
Tax Map Number 306.007-2-34
Zoned R-20/Residential 20,000
Appeal Number 2007-76-13
Zoning Board of Appeals Members have reviewed the application for Area Variances to construct a dormer addition to an existing home on a corner lot with 60’ of frontage, 13’ setback on Woodlawn West; 30’ on Woodlawn and 4’ on the south side. A 239 Review was not required for this application. 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 Members noted that this application was given conditional approval.
It was also noted that all of the proposed setbacks are existing non-conforming.
Zoning Board of Appeals Member Frank J. Pinnisi made a motion to approve the application for Area Variances to construct a dormer addition to an existing home on a corner lot with 60’ of frontage, 13’ setback on Woodlawn West; 30’ on Woodlawn and 4’ on the south side, with the condition that the $100.00 fee be received; seconded by Zoning Board of Appeals Member Richard Panella.
All Members Voting:
Zoning Board of Appeals Chairman Carson E. Sorrell Granted
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 Richard Panella.
All Members Voting: Aye
Zoning Board of Appeals Meeting 11/05/07 Page 9
ZONING DECISION: Area Variance Granted
APPEAL ACTION
Appeal Number: 2007-76-13 Dated: October 9, 2007
ACTION OF THE ZONING BOARD OF APPEALS
TO: LARRY PISANO for PROPERTY OWNED BY TOM and ELIZABETH ANN CLEARY
5501 Woodlawn Place
Utica, New York 13502 Tax Map Number 306.007-2-34
At a meeting of the Zoning Board of Appeals on November 5, 2007 the referenced appeal was considered and the action indicated below was taken on your request for an Area Variance to the Town of Marcy Zoning Ordinance.
Application for Area Variances to construct a dormer addition to an existing home on a corner lot with 60’ of frontage, 13’ setback on Woodlawn West; 30’ on Woodlawn and 4’ on the south side.
By resolution of the Board, it was determined that:
a. 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 not substantial.
The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
The alleged difficulty was pre-existing.
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. Pisano may contact Codes Enforcement Officer Timothy Russell for the required permit.
DONALD BUTTENSCHON for PROPERTY OWNED BY DENNIS BUTTENSCHON, Flanagan
Road
Mailing Address: 5530 Flanagan Road, Marcy, New York 13403
Area Variance
Minor Four (4) Lot Subdivision
Minor Three (3) Lot Subdivision
Property Line Changes
Tax Map Number 306.000-2-20 and 306.007-1-65
Zoned R-20/ Residential 20,000
Appeal Application 2007-00-14
Zoning Board of Appeals Meeting 11/05/07 Page 10
Zoning Board of Appeals Members have reviewed the application for an Area Variance to subdivide a lot with substandard frontage of 50’ rather than the required 100’. A 239 Review was not required for this application. 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 Variance.
Zoning Board of Appeals Chairman Carson E. Sorrell referred the Zoning Board of Appeals Members to page 94, Section 54 of the Zoning Ordinance which concerns the creation of substandard lot(s).
Zoning Board of Appeals Chairman Carson E. Sorrell noted that the Zoning Ordinance is clear and that Mr. Buttenschon has 250’ of frontage which could be subdivided into two (2) conforming lots rather than two (2) conforming lots and one (1) substandard lot.
Mr. Buttenschon stated that the majority of the lots on Flanagan Road have 100’ of frontage and that his proposal would benefit the area as well as secure the surrounding properties.
Zoning Board of Appeals Chairman Carson E. Sorrell noted that Mr. Buttenschon could have two (2) conforming lots and still construct a beautiful home on the (odd shaped) lot.
Mr. Buttenschon stated that he is asking the Zoning Board of Appeals for the creation of one (1) substandard lot.
Mr. Buttenschon stated that kids come in from the woods and that almost all of the homes in this area have been burglarized.
Zoning Board of Appeals Member Frank J. Pinnisi stated that the reason for the subdivision is to make it more feasible for the applicant and that the income is needed to offset costs.
Mr. Buttenschon stated that this property was formerly zoned General Commercial.
Mr. Buttenschon stated that substandard lots exist all over the Town of Marcy.
Zoning Board of Appeals Chairman Carson E. Sorrell noted that the Planning Board has already approved the request for four (4) Property Line Changes and that Mr. Buttenschon is also proposing a four (4) lot subdivision, all of which conform with the Zoning requirements. It was noted that Mr. Buttenschon will be getting money for all of them.
Zoning Board of Appeals Member Frank J. Pinnisi stated that the difference is the sale of a parcel.
Mr. Buttenschon noted that Mr. and Mrs. Bogdan are present for the meeting and that they live across the street from this proposal and have no objections.
Zoning Board of Appeals Members discussed the criteria for the Area Variance.
Zoning Board of Appeals Chairman Carson E. Sorrell noted that the benefit sought sticks out since Mr. Buttenschon does not need to get an Area Variance.
Zoning Board of Appeals Meeting 11/05/07 Page 11
Dennis Buttenschon stated that the proposed lot is at least four and a half times the size of any other lot in
this area.
Zoning Board of Appeals Member Richard Panella stated that several substandard lots exist on Glass Factory
Road.
Zoning Board of Appeals Member Richard Panella asked if this proposal was similar to what was approved
for Peter Barone at the last Zoning Board of Appeals Meeting. Zoning Board of Appeals Chairman Carson
E. Sorrell stated that the Zoning Board of Appeals gave frontage to a lot that had none for Mr. Barone.
Zoning Board of Appeals Member Frank J. Pinnisi stated that this request makes economic sense.
Zoning Board of Appeals Chairman Carson E. Sorrell noted that the applicant making more money is not
part of the criteria.
Thomas Heiland of 5514 Woodlawn Place stated that there were no neighbors present to complain at the
Public Hearing.
Zoning Board of Appeals Member Lant C. Wagner stated that any home constructed would need to meet all
of the required setbacks.
Zoning Board of Appeals Member Frank J. Pinnisi made a motion to approve the application for an Area
Variance to subdivide a lot with substandard frontage of 50’ rather than the required 100’; seconded by
Zoning Board of Appeals Member Richard Panella.
All Members Voting:
Zoning Board of Appeals Chairman Carson E. Sorrell Denied
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 Richard Panella.
All Members Voting:
Zoning Board of Appeals Chairman Carson E. Sorrell Nay
Zoning Board of Appeals Member Paul M. Evans Aye
Zoning Board of Appeals Member Richard Panella Aye
Zoning Board of Appeals Member Frank J. Pinnisi Aye
Zoning Board of Appeals Member Lant C. Wagner Aye
ZONING DECISION: Area Variance Granted
Zoning Board of Appeals Meeting 11/05/07 Page 12
APPEAL ACTION
Appeal Number: 2007-00-14 Dated: October 9, 2007
ACTION OF THE ZONING BOARD OF APPEALS
TO: DONALD BUTTENSCHON for PROPERTY OWNED BY DENNIS BUTTENSCHON
5530 Flanagan Road
Marcy, New York 13403 Tax Map Number 306.000-2-20 and 306.007-1-65
At a meeting of the Zoning Board of Appeals on November 5, 2007 the referenced appeal was considered and the action indicated below was taken on your request for an Area Variance to the Town of Marcy Zoning Ordinance.
Application for an Area Variance to subdivide a lot with substandard frontage of 50’ rather than the required 100’.
By resolution of the Board, it was determined that:
a. The requested variance will not produce an undesirable change in the character of the neighborhood.
b. No substantial detriment will be created to nearby properties.
c. There was no other feasible method available for you to pursue to achieve the benefit you seek other than the requested variance.
d. The requested variance is not substantial.
e. 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.
CONCLUSION: Therefore, it was determined that the requested variance be granted, and that the previous decision of the Enforcement Officer be reversed.
Mr. Buttenschon will need to follow up with the Planning Board for a Minor Three (3) Lot Subdivision.
THOMAS HEILAND, 5514 Woodlawn Place West
Area Variances
Tax Map Number 306.007-2-44
Zoned R-20/Residential 20,000
Appeal Number 2007-85-15
Mr. Heiland attended the October 15, 2007 Review Panel Meeting. Mr. Heiland would like to construct an addition to his existing home on Woodlawn Place. Mr. Heiland has already constructed a front porch and removed his 16’ x 24’ garage which was located on the property line.
Mr. Heiland would like to construct a smaller garage on the existing foundation before winter.
Zoning Board of Appeals Meeting 11/05/07 Page 13
Area Variances from the Zoning Board of Appeals will be required for the 1’ side yard setback and the 16’ side yard setback since this is a corner lot and 50’ is required on both “sides”.
Zoning Board of Appeals Members reviewed the plans and paperwork.
Woodlawn Place is a Town Road, therefore a 239 Review will not be required.
Zoning Board of Appeals Members noted that the 1’ side yard setback is existing.
Zoning Board of Appeals Chairman Carson E. Sorrell noted that a statement from the applicant will be required.
Mr. Heiland stated that he will be making his garage smaller and “squaring” it up.
Zoning Board of Appeals Members noted that Codes Enforcement Officer Timothy Russell will need to make sure the garage is structurally sound.
Zoning Board of Appeals Chairman Carson E. Sorrell referred to Section 52 of the Zoning Ordinance which concerns non-conforming alterations.
Zoning Board of Appeals Members agreed that Area Variances will be required.
Zoning Board of Appeals Member Frank J. Pinnisi read the definition of a dwelling unit on page 9 of the Zoning Ordinance.
Zoning Board of Appeals Members discussed their interpretation of a dwelling unit.
Mr. Heiland stated that he has the trusses in his backyard.
Zoning Board of Appeals Members discussed considering conditional approval of this application.
Mr. Heiland noted that he is also requesting an Area Variance to construct a front porch, 2’ further out than the previous porch.
Mr. Heiland noted that the front porch has already been constructed.
Zoning Board of Appeals Member Frank J. Pinnisi made a motion to accept the application for Area Variances for an 8’ x 8’ front porch that has already constructed and a 16’ x 24’ garage to be located 1’ from the property line, and to schedule a Public Hearing for Monday, December 3, 2007; seconded by Zoning Board of Appeals Member Paul M. Evans.
All Members Voting: Aye
The required $100.00 fee has been received.
Mr. Heiland will be reminded by mail of his Public Hearing date.
Zoning Board of Appeals Meeting 11/05/07 Page 14
SERGEY and SVETLANA BYKOVICH, 9228 Shelley Drive
Area Variance
Tax Map Number 277.002-3-4
Zoned R-20/Residential 20,000
Appeal Number 2007-103-16
Mr. and Mrs. Bykovich attended the October 15, 2007 Review Panel Meeting. Mr. and Mrs. Bykovich have constructed a small accessory building in their rear yard to use as a shed which conformed to the Zoning Ordinance. Mr. Bykovich wanted to dress the shed up by adding a small porch in the front for flowers, etc. Codes Enforcement Officer Timothy Russell informed Mr. Bykovich that a shed larger than 150 square feet would need to meet the 50’ rear yard setback.
The shed that was constructed is 156 square feet and is 20’ from the rear yard property line.
An Area Variance from the Zoning Board of Appeals will be required in order to keep the accessory building in the current location.
Zoning Board of Appeals Members reviewed the plans and paperwork.
Zoning Board of Appeals Chairman Carson E. Sorrell reviewed page 51 of the Zoning Ordinance which concerns the requirements for sheds.
It was noted that the shed that has been constructed is 12’ x 13’ or one hundred fifty-six (156) square feet.
Mrs. Bykovich stated that she would move the shed but if she did it would be in the neighbor’s way (view).
Mrs. Bykovich stated that her husband misinterpreted the size of the shed.
Shelley Drive is a Town Road, therefore a 239 Review will not be required.
Zoning Board of Appeals Member Frank J. Pinnisi made a motion to accept the application for an Area Variance and schedule a Public Hearing for Monday, December 3, 2007; seconded by Zoning Board of Appeals Richard Panella.
All Members Voting: Aye
The required $100.00 fee was received.
Mr. and Mrs. Bykovich will be reminded by mail of their Public Hearing date.
TATYANA KOROGODA, Barnes Ave
Use Variance
Tax Map Number 306.000-2-42, 42, 44.1, 44.2
Zoned FP/Flood Plain
Appeal Number 2007-00-00
Zoning Board of Appeals Meeting 11/05/07 Page 15
Ms. Korogoda attended the October 15, 2007 Review Panel Meeting. Ms. Korogoda would like to have an auto reclamation, recycling and vehicle storage business on Barnes Ave.
This property was formerly used as a junk yard which has been out of business for two (2) years. Ms. Korogoda’s parents use to run this business while she was attending school to further her education. Ms. Korogoda has returned to operate the family business which is owned by Zanna Vasily and Korogoda.
A Use Variance would be required from the Zoning Board of Appeals in order to operate this type of business in a Floodplain.
Ms. Korogoda was note present for the Meeting.
RANDY SOGGS for the MARCY TOWN CENTER, Corner of Cavanaugh Road and River Road
Area Variance
Tax Map Number 293.003-2-14
Zoned CG/General Commercial
Appeal Number 2007-00-00
Mr. Soggs has not attended a Review Panel Meeting. Mr. Soggs has leased space to Ondrea Grippe for a Dance Studio and a Hair Salon. The two (2) businesses are located next to each other in the Marcy Town Center.
Ms. Grippe has a sign for the Dance Studio and has requested signage for the Hair Salon.
Mr. Soggs was not present for the Meeting.
OTHER BUSINESS
Zoning Board of Appeals Member Lant C. Wagner will attend the November 8, 2007 Town Board Meeting.
Zoning Board of Appeals Member Frank J. Pinnisi will attend the December 13, 2007 Town Board Meeting.
The next Zoning Board of Appeals Meeting is scheduled for Monday, December 3, 2007.
Tentative Agenda: Thomas Heiland, Public Hearing
Sergey and Svetlana Bykovich, Public Hearing
Zoning Board of Appeals Member Richard Panella made a motion to approve the following as 2008 Regular Meeting Dates for the Zoning Board of Appeals; seconded by Zoning Board of Appeals Member Lant C. Wagner.
All Members Voting: Aye
Zoning Board of Appeals Meeting 11/05/07 Page 16
2008 Zoning Board of Appeals Meeting Dates
January 7, 2008
February 4, 2008
March 3, 2008
April 7, 2008
May 5, 2008
June 2, 2008
July 7, 2008
August 4, 2008
September 8, 2008
October 6, 2008
November 3, 2008
December 8, 2008
Having no further business, Zoning Board of Appeals Member Paul M. Evans made a motion to adjourn the Meeting at 8:40PM; seconded by Zoning Board of Appeals Member Richard Panella.
All Members Voting: Aye
Respectfully submitted,
Lori A. Wrobel
Zoning Board of Appeals Secretary
November 12, 2007
