Added: December 13, 2016
The meeting opened at 7:03 pm.
Agenda Item 1 ROLL CALL
Chair: Charles Kutcher, Acting Chair
Members: Carol Miles, Sandra West and Karen White.
Absent: Kathleen Williams
Alternate: Janet Nicholls; Board Representative: James Pellitteri
Public Present: William Mead.
Agenda Item 2 Approval of Minutes
Minutes of the October 5, 2016 meeting were accepted as edited on a motion by Ms. Nicholls, 2nd by Ms. White and carried.
Agenda Item 3 Application of Area Variance for Krzysztof Hadazcek
Mr. Mead, representative of the property owner, approached the board with his re-drawn site-map. Board members reviewed the new map and agreed that it was a more accurate representation of the property. As they discussed the property, it was noted that a shed could be built in a different area of the land and that a variance would not be needed if the owner placed the shed in the location they are suggesting. Mr. Mead stated that it would cost the homeowner more money and that it was something Mr. Hadazcek would not be willing to do.
Mr. Mead then stated that the homeowner would just build a 12×12 shed that wouldn’t need a building permit and that he would place it right in front of the road. Board members then told Mr. Mead that although a building permit is not required for that size shed, he still must adhere to the zoning laws. Mr. Mead then left before a decision was made.
Ms. West made a motion to deny the application for area variance for Krzysztof Hadazcek for the following reasons: benefit can be achieved by some method other than a variance, variance is substantial and difficulty was self-created, seconded by Ms. White and carried unanimously.
Agenda Item 4 Other Business
There being no other business, Ms. Miles made a motion to close the meeting, seconded by Ms. White; the vote was unanimous and the meeting was closed at 7:21 pm.
Respectfully Submitted,
Maya Carl _____________________________
Secretary Accepted
Added: November 03, 2016
The meeting opened at 7:00 pm.
Agenda Item 1 ROLL CALL
Chair: Kathleen Williams
Members: Charles Kutcher, Carol Miles, Sandra West and Karen White.
Alternate: Janet Nicholls; Board Representative: James Pellitteri
Public Present: William Mead, Francis McCallion and Ann Dwyer.
Agenda Item 2 Approval of Minutes
Minutes of the September 7, 2016 meeting were accepted as edited on a motion by Mr. Kutcher, 2nd by Ms. White and carried.
Agenda Item 3 Public Hearing
Ms. White made a motion to open the public hearing at 7:04 pm for an application for Area Variance for Krzysztof Hadaczek. No one from the public commented. The board then called Mr. Mead, representative of Mr. Hadaczek, to the floor to make sure he had all his appropriate paperwork for the application.
Mr. Kutcher made a motion to close the public hearing at 7:05 pm, seconded by Mrs. Williams.
Agenda Item 4 Application of Area Variance for Krzysztof Hadazcek
A site visit of the property was done. When zoning board members arrived to look over the lot, it was determined that the plans drawn by the owner’s representative, William Mead, did not match the actual property in view. There were many sheds on the land that were not recorded on the original site map and the entire back property of the lot was left out.
It was also noted that the site map did not include the footage distance between the front lot line and side bordering lots. The board agreed that they could not make a proper decision without a complete diagram of the property. Mr. Mead was told that if he re-draws the site plans and includes all structures on the property, complete with measurements, the board will hear him and review the site map at the next zoning board meeting, which is scheduled for November 2, 2016. If the zoning board does not hear from Mr. Mead regarding a new map, then within 62 days of this public hearing, his application will be denied and the entire process must be started from the beginning.
Agenda Item 5 Public Hearing
Ms. Williams made a motion to open the public hearing at 7:16 pm for an application for Area Variance for Francis McCallion. No one from the public commented. The board then called Mr. McCallion to the floor to make sure he had all his appropriate paperwork.
Mr. Kutcher made a motion, seconded by Ms. West and carried to close the public hearing at 7:20 pm.
Agenda Item 6 Application of Area Variance for Francis McCallion
Ms. White made a motion to accept the application for two (2) area variances, the first for a 28’ side lot line variance and the second for a 13’ front lot line variance for Francis McCallion, seconded by Mrs. Williams and carried unanimously.
Agenda Item 7 Other Business
Chair of the Zoning Board, Mrs. Williams drafted a letter to the Town of Jewett Supervisor and Board Members regarding the important need for a qualified Zoning Enforcement Officer. The letter was reviewed by zoning board members and it was agreed to be sent.
Janet Nicholls, alternate member to the zoning board is looking to retire. Mrs. Williams has extended the invitation to Maya Carl, secretary of the zoning board; to become an alternate member and vote when a board member is unable. Mrs. Williams will speak to Supervisor Pellitteri to see if this is permissible since Mrs. Carl is also the Town Clerk.
The Zoning Board, as a whole reviewed a work sheet entitled, “Violence in the Work Place”.
Members went over safety issues to be followed in case there was an emergency.
There being no other business, Mr. Kutcher made a motion to close the meeting, seconded by Ms. White; the vote was unanimous and the meeting was closed at 8:27 pm.
Respectfully Submitted,
Maya Carl _____________________________
Secretary Accepted
Added: October 12, 2016
The meeting opened at 7:00 pm.
Agenda Item 1 ROLL CALL
Chair: Kathleen Williams
Members: Charles Kutcher, Carol Miles, Sandy West and Karen White
Alternate: Janet Nicholls; Board Representative: James Pellitteri
Public Present: William Mead and Francis McCallion
Agenda Item 2 Approval of Minutes
April 6, 2016– Mr. Charles Kutcher made the motion to approve the minutes as amended, Ms. Carol Miles seconded the motion; the vote was unanimous and the minutes were approved.
May 4, 2016–Ms. Sandy West made the motion to approve the minutes, Ms. Karen White seconded the motion; the vote was unanimous and the minutes were approved.
Agenda Item 3 Application for Area Variance for Francis McCallion for 46 Cramer Road, Jewett, NY, Tax ID No. 130.00-1-27.1; Rural Residential Zoning District, 2.2 acres.
Present was Francis McCallion, property owner.
Mr. McCallion took the floor and explained his plans to the Board. Mr. McCallion is looking to obtain two (2) variances. The first is for a 13’ variance, from the tentative garage to the front property line. The second is a 28’ variance, which would be needed from the garage to the bordering side lot-line. Ms White questioned why Mr. McCallion cannot build the garage on the opposite side, where he would have enough room and wouldn’t need a second variance.
Mr. McCallion said that would cause him an extra step and more money to take trees down, as he describes the area as heavily wooded. The Zoning Board asked permission from the home owner if they can come and do a site visit, which Mr. McCallion approved.
Ms Williams made a motion to accept the application as complete, seconded by Ms. White and carried unanimously.
Mr. McCallion was then given the required signage that he must have hung on his property, including all the adjoining property owners information so that he can begin to notify his neighbors of the public hearing which has been scheduled for Wednesday October 5, 2016.
Agenda Item 4 Application for Area Variance for Krzysztof Hadaczek for 886 Route 17 Jewett, NY, Tax ID No. 111.00-2-36; Hamlet Residential Zoning District, 1.03 acres.
Present was William Mead.
Mr.Mead, representative of the property owner, took the floor and explained his plans to the Board. The property owner, Krzysztof Hadaczek is looking to obtain a 20 foot variance to build a garage. Board Members asked if there was any way possible to move the garage to other locations on the property.
Mr. Mead responded that it’s just not possible and the area where they are proposing to do it is the only option.
Ms. Williams made a motion to accept the application for an area variance as complete, seconded by Ms. West and carried unanimously.
Mr. Mead was then given the required signage that he must have hung on the property, including all the adjoining property owners information so that he can begin to notify neighbors of the public hearing, which has been scheduled for Wednesday October 5, 2016.
Agenda Item 5 Other Business
Ms. Williams brought up her concerns regarding a Zoning Enforcement Officer. Currently the town only has a Deputy Zoning Enforcement Officer, which is unacceptable. Members of the Zoning Board agreed with Ms. Williams that the Zoning Board must have an officer that will enforce the zoning laws on a regular basis. Ms. Williams will draft a letter to the Town Board reciting the immediate need for a ZEO officer.
Alternate Board member, Ms. Nicholls is looking to retire from the board. She asked when they will find a replacement for her. Ms. Williams asked the board to think on anyone they would know who might be interested in sitting on the board.
There being no other business, Ms. West made a motion to close the meeting, seconded by Mr. Kutcher; the vote was unanimous and the meeting was closed at 8:18 pm.
Respectfully Submitted,
Maya Carl _____________________________
Secretary Accepted
Added: October 05, 2016
The meeting opened at 7:00 pm.
Agenda Item 1 ROLL CALL
Chair: Kathleen Williams
Members: Charles Kutcher, Sandra West and Karen White.
Absent was Carol Miles.
Alternate: Janet Nicholls; Board Representative: James Pellitteri
Public Present: Tom and Yvonne Quatroni and Ryan Bulle.
Agenda Item 2 Approval of Minutes
Chairperson, Kathleen Williams made a motion to table the minutes from April 6, 2016 to the next zoning of appeals meeting.
Agenda Item 3 Public Hearing
Ms. Williams made a motion to open the public hearing at 7:01 pm for an application for Area Variance for Jeffrey Lennox. No one from the public commented. The board then called Mr. Bulle, representative of Mr. Lennox, to the floor to make sure he had all his appropriate paperwork for the application.
Mr. Kutcher made a motion to close the public hearing at 7:13 pm, seconded by Ms. West.
Agenda Item 4 Application of Area Variance for Jeffrey Lennox
Mr. Kutcher made a motion to accept the application for area variance for 30 feet, for Jeffrey Lennox, seconded by Ms. White and carried unanimously.
Agenda Item 5 Public Hearing
Ms. Williams made a motion to open the public hearing at 7:14 pm for an application for Area Variance for Thomas Quatroni. No one from the public commented. The board then called Mr. Quatroni to the floor to make sure he had all his appropriate paperwork.
Ms. White made a motion, seconded by Mr. Kutcher and carried to close the public hearing at 7:21 pm.
Agenda Item 6 Application of Area Variance for Thomas Quatroni
Ms. White made a motion to accept the application for an area variance for 30 feet, for Thomas Quatroni, seconded by Ms. West and carried unanimously.
Agenda Item 7 Other Business
Richard Shippee, Code Enforcement Officer for the Town of Jewett, brought before the Zoning Boards attention a property owner who is looking to build on a parcel that was subdivided into smaller parcels before the zoning districts came into effect. Mr. Shippee wanted to confirm that the parcel owner is grandfathered in. As the board reviewed the file, they confirmed that the parcel is grandfathered in and the site plan of the home met all the required footage. The Board wanted to make sure that the owner takes into consideration future projects (ie a garage or shed) now as he is currently building. If he comes before the board in the future to look for a variance, he may not be approved because his hardship may be looked at as self imposed.
There being no other business, Mr. Kutcher made a motion to close the meeting, seconded by Ms. White; the vote was unanimous and the meeting was closed at 8:02 pm.
Respectfully Submitted,
Maya Carl _____________________________
Secretary Accepted
The meeting opened at 7:05 pm.
Agenda Item 1 ROLL CALL
Chair: Kathleen Williams
Members: Carol Miles and Karen White.
Absent were Charles Kutcher and Sandy West.
Alternate: Janet Nicholls; Board Representative: James Pellitteri
Public Present: Duane Banks, Roberta Banks, Alice Banks,
Bill Pushman and Ryan Bulle.
Agenda Item 2 Approval of Minutes
March 2, 2016 – Ms. Karen White made the motion to approve the minutes as amended, Ms. Carol Miles seconded the motion; the vote was unanimous and the minutes were approved.
Agenda Item 3 Public Hearing
Ms. Williams made a motion to open the public hearing at 7:11 pm, seconded by Ms. White.
Mr. Duane Banks took the floor and showed the Board his certified mail receipts also confirming that the posting of the sign on the property has been done. Ms. Williams and
Ms. White had been out to the property and saw that the sign was not very visible and applicant moved it to a better area.
Mrs. Roberta Banks then took the floor to explain to the Zoning Board why she is seeking a variance, stating a hardship from a recent fire that destroyed everything she had owned.
Mrs. Banks went on to explain that she has lived in Jewett all her life and she and her family members have served the town in numerous capacities throughout the years. When she was looking to rebuild, she didn’t think there would be a major problem with the new garage.
Mrs. Banks said, “When the old garage was standing, it was dangerous because it prohibited the view of traffic. It was dangerous and you couldn’t see cars. With this new garage, it is not dangerous”.
Ms. Williams made a motion to close the public hearing at 7:15 pm, seconded by Ms. Miles.
Ms. Williams made a motion to accept the area variance for Duane Banks, seconded by Ms. White and carried unanimously.
Agenda Item 4 Application for Area Variance for Jeffrey Lennox for 55 Deer Valley Road, Jewett, NY, Tax ID No. 129.00-3-30.1; Rural Residential Zoning District, 1.6 acres.
Present Ryan Bulle, Ryan Landscaping.
Mr. Bulle, representative of the property owner, took the floor and explained his plans to the Board. The property owner, Jeffrey Lennox is looking to obtain a 35 foot variance to build a garage. Ms. Williams asked if there was any way possible to move the garage slightly.
Mr. Bulle responded that it’s just not possible and the area where they are proposing to do it is the only option.
Ms. Williams made a motion to accept the application for an area variance as complete, seconded by Ms. White and carried unanimously.
Mr. Bulle was then given all the adjoining property owners information so that he can begin to notify neighbors of the public hearing.
Agenda Item 5 Application for Area Variance for Thomas Quadroni, 94 Park Road, Jewett, NY Tax ID No. 110.00-6-45; Rural Residential Zoning District, 5.0 acres.
Present Bill Pushman, representative of property owners.
Mr. Pushman addressed the board and explained his plans. As the Board reviewed Mr. Quadroni’s hardship letter, it was for only a medical hardship, the board agreed that it was not detailed enough and would like him to rewrite it and include the property limitations, as to why the garage needed to be placed there. After viewing the site plan, it was determined that it was not to scale and was lacking many of the details of the property.
Ms. White made a motion to accept Mr. Quadronis application for an Area Variance contingent upon a new hardship letter and new site plan turned into the town within one week of this meeting, seconded by Ms. Miles and carried unanimously.
There being no other business, Ms. Williams made a motion to close the meeting, seconded by Ms. White; the vote was unanimous and the meeting was closed at 8:13 pm.
Respectfully Submitted,
Maya Carl _____________________________
Secretary Accepted
The meeting opened at 7:04 pm.
Agenda Item 1: ROLL CALL:
Chair: Kathleen Williams;
Members: Carol Miles; Karen White; and Janet Nicholls
Absent: Charles Kutcher
Agenda Item 2: Approval of Minutes of December 2, 2015
Mrs. Williams motioned to table decision on the minutes until the next meeting when all members who had been present last month could review them. Ms. White seconded the motion, and it carried unanimously.
Agenda Item 3: Public Hearing for Area Variance for Lou Siracusano for property at 60 Windy Lane, Jewett, NY 12444; Zoning District Rural Residential: Tax ID No. 111.00-3-34.
Ms. White made the motion to open the Public Hearing; Mrs. Williams seconded the motion, which carried unanimously.
No public was present at the Public Hearing. Ms. Georgette Krauss sent a question by email; Ms. White clarified for her that the property line in question was not the one she shared with Mr. Siracusano.
Mrs. Nicholls made the motion to close the Public Hearing, which was seconded by Ms. White and carried unanimously.
The motion to open the general meeting was made by Mrs. Miles, seconded by Mrs. Williams, and carried unanimously.
Agenda Item 4: Area Variance for Lou Siracusano for property at 60 Windy Lane, Jewett, NY 12444; Zoning District Rural Residential: Tax ID No. 111.00-3-34
Mr. Loden attended tonight as Mr. Siracusano’s representative. He brought along a signed letter of representation.
At the time of the last meeting, the Zoning Board of Appeals (ZBA) had requested that the statement of hardship and letter of representation be signed, proof that Mr. Siracusano owns the LHS STF, LLC to which the deed of the property belongs, and identification of the exact location of the septic system and leach field on the survey map.
Mr. Bruce Nathan, who also works for Mr. Siracusano, emailed Mr. Siracusano’s Notarized Affidavitt of Ownership, the certification of Mr. Siracusano as registered agent and registered office of LHS STF Limited Liability Company, its Certificate of Formation, the Certification of Posting of the Public Hearing Notice Sign, and photocopies of the Certified Mail Receipts. The original receipts have been requested from Mr. Nathan.
Mr. Loden mailed Mr. Vanucchi’s survey map delineating the placement of the septic system and a smaller drawing making things easier to identify. As Mr. Siracusano’s representative, it was requested he sign the existing letter of hardship, which he did.
Ms. White and Mrs. Nicholls had visited the property with Mr. Shippee and Mr. Muth and obtained measurements of thirty-eight and a half to thirty-nine feet (38½ to 39’) for the side lot line. This is within the amount asked for on the variance. Ms. White said that they had found the topography extremely steep in that area. She spoke with the owner by phone and learned the slope has a forty-five degree grade.
The Statement of Hardship emphasizes the cost of building at the thirty-five foot (35’) setback as opposed to the fifty-foot (50’) setback. Mr. Loden provided a cost analysis to substantiate this claim and it was attached to the Statement of Hardship for the file. The difference in the amount of fill needed is substantial: 3,482 cubic feet versus 14,671 cubic feet.
The Board considered the aesthetic of the placement of the building. Ms. White said the surrounding buildings are high up, and this building is not going to be obstructing anyone’s view of anything.
Mrs. William’s read aloud the checklist for considering this application. It will not affect the health, safety, or welfare of the neighbors; it will not affect the view as it is much lower than surrounding properties; it could be done without a variance, but not without increased hardship due to the cost; the amount requested for the variance falls within the range the ZBA has previously granted; the hardship is not self created; and it will not affect the population density at all.
The Board determined that pursuant to Article VI Section F Paragraphs 2a and 2b of the Zoning Law of the Town of Jewett that by reason of hardship of increased cost of fill to the applicant due to extremely steep topography, the Zoning Board granted the applicant an Area Variance of fifteen feet (15’). The Board requested no other conditions.
Ms. White made the motion to approve the Area Variance for a Sideline Setback of fifteen feet. The motion was seconded by Mrs. Miles, and subject to a Roll Call Vote: Mrs. Miles – aye; Mrs. Nicholls – aye; Ms. White – aye; and Mrs. Williams – aye.
A Notice of Action was provided for the Building Inspector who can now approve the Buildling Permit for Mr. Siracusano of LHS STF, LLC.
Agenda Item 5: Other Business:
Mrs. Williams had a question regarding payment of last year’s meetings, and Mrs. Epstein promised to contact Mrs. Mallory about the matter.
There being no further business, Ms. White made the motion to close the meeting; Mrs. Miles seconded the motion; the vote was unanimous and the meeting adjourned at 7:45 p.m.
Respectfully submitted,
Susan Epstein
Secretary
________________________________
Accepted
