Town Of Marcy
Oneida County
Minutes
TOWN OF MARCY
COUNTY OF ONEIDA
STATE OF NEW YORK
ZONING BOARD OF APPEALS
DECEMBER 8, 2008
The Town of Marcy Zoning Board of Appeals held one (1) Public Hearing on Monday, December 8, 2008 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 (7:05pm)
Zoning Board of Appeals Chairman Carson E. Sorrell called the Public Hearing to order at 7:05PM 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, December 3, 2008.
STEVE SUNTER (Contractor) for DAWN COLLVER, 9201 River Road
Area Variances
Tax Map Number 292.004-1-14
Zoned CG/General Commercial
Appeal Number 2008-130-21
Mr. Sunter attended the November 3, 2008 Zoning Board of Appeals Meeting. Mr. Sunter is the contractor for Dawn Collver who would like to construct a new front porch (10’ x 18’ four seasons room) on an existing non-conforming lot with substandard lot width.
Area Variances will be required in order to construct a front porch (10’ x 18’ four seasons room) to a home with non-conforming frontage, non-conforming lot size (30,000 square feet required), a side yard that appears to be less than 15’and the front yard which is 45’ rather than the required 50’.
This property is not within 500’ from the intersection of NYS Route 49, Cavanaugh Road and Mohawk Street, 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 Meeting 12/08/08 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 Paul M. Evans.
All Members Voting: Aye
The required $100.00 fee has been received.
Zoning Board of Appeals Chairman Carson E. Sorrell called the Regular Meeting to order at 7:08PM.
STEVE SUNTER (Contractor) for DAWN COLLVER, 9201 River Road
Area Variances
Tax Map Number 292.004-1-14
Zoned CG/General Commercial
Appeal Number 2008-130-21
Zoning Board of Appeals Members have reviewed the application for Area Variances to construct a front porch (10’ x 18’ four seasons room) to a home with non-conforming frontage, non-conforming lot size (30,000 square feet required), a side yard that appears to be less than 15’and the front yard which is 45’ 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. It was noted that sixteen (16) neighbors were notified of the Public Hearing by mail. Notices were mailed on December 3, 2008. Clerk to the Assessor Tom Foley verified that the names of all property owners within 500’ of the project were provided.
Zoning Board of Appeals Members discussed the criteria for the Area Variances.
It was noted that the front and side yard setbacks exist and that the exact side yard is difficult to determine from the sketch provided.
It was also noted that all offsets are not changes with this request. All issues are currently non-conforming.
Zoning Board of Appeals Member Paul M. Evans made a motion to approve the application for Area Variances to construct a front porch (10’ x 18’ four seasons room) to a home with non-conforming frontage, non-conforming lot size (30,000 square feet required), and a front yard which is 45’ rather than the required 50’; 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 Paul M. Evans 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 12/08/08 Page 3
APPEAL ACTION
Appeal Number: 2008-130-21 Dated: November 3, 2008
ACTION OF THE ZONING BOARD OF APPEALS
TO: STEVE SUNTER for DAWN COLLVER
9201 River Road
Marcy, New York 13403 Tax Map Number 292.004-1-14
At a meeting of the Zoning Board of Appeals on December 8, 2008 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 front porch (10’ x 18’ four seasons room) to a home with non-conforming frontage, non-conforming lot size (30,000 square feet required), and a front yard setback which is 45’ rather than the required 50’.
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. The alleged difficulty was not self-created.
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. Sunter may contact Codes Enforcement Officer Timothy Russell for the required permit.
RICHARD and CAROL THOMAS, 9160 River Road
Area Variance
Property Line Change
Tax Map Number 292.004-1-53
Zoned CG/General Commercial
Appeal Number 2008-50-16
Zoning Board of Appeals Meeting 12/08/08 Page 4
Zoning Board of Appeals Members have reviewed the application for Area Variances to construct a home
on an existing non-conforming lot with 50’ of frontage rather than the required 125’ and a 30’ rear yard setback 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. It was noted that eighteen (18) neighbors were notified of the Public Hearing by mail. Notices were mailed on September 3, 2008. Clerk to the Assessor Tom Foley verified that the names of all property owners within 500’ of the project were provided.
Zoning Board of Appeals Members tabled action on this request until further information from the New York State Canal Corporation was received. Steve Eidt from the New York State Canal Corporation has stated that the 30’ rear yard setback would be acceptable.
Zoning Board of Appeals Chairman Carson E. Sorrell noted that a vote was taken on November 3, 2008 concerning this request.
Zoning Board of Appeals Member Richard Panella made a motion for the following resolution; seconded by Zoning Board of Appeals Member Paul M. Evans.
All Members Voting: Aye
APPEAL ACTION
Appeal Number: 2008-50-16 Dated: August 4, 2008
ACTION OF THE ZONING BOARD OF APPEALS
TO: RICHARD and CAROL THOMAS
9160 River Road
Marcy, New York 13403 Tax Map Number 292.004-1-53
At a meeting of the Zoning Board of Appeals on December 8, 2008 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 home on an existing non-conforming lot with 50’ of frontage rather than the required 125’ and a 30’ rear yard setback rather than the required 50’.
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. The alleged difficulty was not self-created.
g. The variance is the minimum necessary to grant relief from your difficulty.
Zoning Board of Appeals Meeting 12/08/08 Page 5
CONCLUSION: Therefore, it was determined that the requested variance be granted, and that the previous decision of the Enforcement Officer be reversed.
Mr. and Mrs. Thomas may contact Codes Enforcement Officer Timothy Russell for the required permit.
TIMOTHY RUSSELL and DEBRA RUSSELL, 7039 NYS Route 291
Area Variance
Tax Map Number 246.000-1-27
Zoned AG/Agricultural
Appeal Number 2008-128-22
Mr. Russell attended the November 3, 2008 Zoning Board of Appeals Meeting. An Application for an Area Variance to have a bee hive/honey business on a lot with less than five acres was accepted at that time and forwarded to the Oneida County Department of Planning, the Oneida County Department of Health and the NYS Department of Transportation for a 239 Review.
Zoning Board of Appeals Members discussed the size of the property and noted that there is no description of property size in Section 9 of the Zoning Ordinance; Schedule A notes a two (2) acre requirement for AG Operations, i.e. raising livestock which is specific to livestock, dairy production, etc. Hogs, poultry, and cattle require a minimum of five (5) acres. It was noted that something such as rabbits would require two (2) acres.
Zoning Board of Appeals Members questioned whether or not Mr. and Mrs. Russell actually need an Area Variance to conduct a bee hive/honey operation on their property.
It was noted that honey bees are very docile creatures.
Zoning Board of Appeals Chairman Carson E. Sorrell will discuss this application further with Town Attorney William Schmitt.
OTHER BUSINESS
Zoning Board of Appeals Member Ricahrd Panella made a motion to dispense with the reading of the
November 3, 2008 Zoning Board of Appeals Meeting; seconded by Zoning Board of Appeals Member
Lant C. Wagner.
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 November 3, 2008 Zoning
Board of Appeals Minutes as written; seconded by Zoning Board of Appeals Member Lant C. Wagner.
All Members Voting: Aye
Zoning Board of Appeals Meeting 12/08/08 Page 6
Zoning Board of Appeals Chairman Carson E. Sorrell will attend the December 18, 2008 Town Board Meeting.
Zoning Board of Appeals Member Lant C. Wagner made a motion to approve the following as 2009 Zoning
Board of Appeals Meeting Dates; seconded by Zoning Board of Appeals Member Frank J. Pinnisi:
January 5, 2009
February 2, 2009
March 2, 2009
April 6, 2009
May 4, 2009
June 8, 2009
July 6, 2009
August 3, 2009
September 8, 2009 (Tuesday)
October 5, 2009
November 2, 2009
December 7, 2009
The next Zoning Board of Appeals Meeting is scheduled for Monday, January 5, 2009.
Tentative Agenda: Timothy Russell, Public Hearing
A Joint Meeting with Planning Board will be held on Monday, December 15, 2008 at 7:00PM to discuss the Zoning Ordinance and Master Plan.
It was noted that Zoning Board of Appeals Member Frank J. Pinnisi has applied for a position with the Planning Board and that this may be his last meeting. Zoning Board of Appeals Chairman Carson E. Sorrell stated that he would like to thank ZBA Member Frank Pinnisi for his years of support and dedication. Frank Pinnisi has served as a Zoning Board of Appeals Member since January 1, 1996.
Having no further business, Zoning Board of Appeals Member Frank J. Pinnisi made a motion to adjourn the Meeting at 7:40PM; seconded by Zoning Board of Appeals Member Richard Panella.
All Members Voting: Aye
Respectfully submitted,
Lori A. Wrobel
Zoning Board of Appeals Secretary
December 13, 2008
