12-17-08

Wilmington Zoning Board of Appeals
Regular Monthly Meeting
December 17, 2008

Board members present: Tom Hinman,, Aldo Aquino, Robert Girardin, Herb Crispell and Jerry Bottcher.
Others present: Steve Corvelli, Bob Peters, Larry Hegele, Darin Forbes, Paul Wos, Gary Williams, Kent & Sarah Adams, Randy Preston, Sylvia Mustelier, Yvonne Farmer, Dick & Jane Sibalski, Cameron Grady, Darrell Austen, Greg Kato, Harriet Adams, Al l& Alicia Armstrong, Mrs. Orsi, John Levy, Bob Guynup, John Lafferty, Michelle Burns, Tom Bradshaw, Judy Clodgo, Margo Root, Gilbert Dyke, William McConvey, Ginny Crispell, Nancy Humphreys, Meg Humpreys, Lisa Dyslin, William Stahl, Janice Schoetz, Dorothy Malkin, Sam Haselton, Garry Hoffman, Bruce Huntington, John Roth and Shirley Lawrence.

Public Hearing-Conditional Use Permit Application for John Levy
Public Hearing called to order at 7 p.m.
*Conditional Use Permit to operate a restaurant at the Evening Hatch on Route 86.
*Would serve breakfast, lunch and dinner seven days a week.
*There were no questions or concerns.
*Motion presented by Jerry Bottcher to approve the application as presented, seconded by Aldo Aquino; carried with all in favor.
*Public hearing closed at 7:03 pm.

*PUBLIC HEARING-CONDITIONAL USE PERMIT –APPLICATION BY AL ARMSTRONG FOR THE MOUNTAIN BROOK LODGE.
*Public hearing called to order at 7:04 p.m.
*Al Armstrong reviewed his application with the board.
*Herb Crispell excused himself from voting because he is Al’s relative.
*Motion presented by Aldo Aquino to approve the application as presented; seconded by Robert Girardin; approved with yes votes from Tom Hinman, Aldo Aqino, Robert Girardin and Jerry Bottcher; Herb Crispell abstained.
*Public hearing closed at 7:08 p.m.

Regular meeting called to order at 7:09 p.m.

APPROVAL OF NOVEMBER MINUTES
*Motion to approve by Robert Girardin, seconded by Herb Crispell; carried with all in favor, none opposed.

REVIEW OF CONDITIONAL USE PERMIT APPLICATION SUBMITTED BY CAMERON GRADY.
*Application to operate a limited repair shop at 5697 NYS Route 86.
*Cameron stated that he was initially (3 years ago) told in writing that he did not need a permit; he has been operating his business for those three years and is unsure why he now needs a permit..
*Tom Hinman explained the rules for obtaining a permit each time a business changes ownership.
*Bob Girardin questioned the clean up around the building.
*Cameron does not own all the materials around the building but has been doing some clean up.
*Jerry Bottcher felt that the owners should be responding to the conditions placed on the original permit for the property.
*Bob Guynup stated that in 1998 Santa Maria’s were approved for a permit but the paperwork was not signed. This matter is currently in mitigation.
*The conditions were: limited parking, a fence across the front to cover the vehicle in the back and on the side.
*The board questioned if these conditions would be hard for Cameron to meet. He felt that two unlicensed vehicles as well as no more than 5 cars in the parking lot would be difficult for Cameron to comply with. Some of the vehicles are there for storage.
*Cameron further noted that he does have his original letter from the Code Enforcement Officer stating that a permit was not required.

Jerry Bottcher stated that the original intent of the restriction was to limit what is in front but to allow storage in the back. He further suggested that the board discuss conditions at the time of the public hearing.
*Public Hearing set for February 21, 2009.
*There was a suggestion that a time limit might be put on unregistered vehicles.
*Cameron informed the board that he has done a lot of work on the outside of the building to try and make it look good.

PAUL WOS-COLUMBIA SUBDIVISION
*Paul Wos presented a revised site plan now requesting 33 units. This would remove a building in the center and move the three buildings closest to the beach further away from the beach. This would also move one of the leach fields from the beach area.
*Cindy Garso informed the board that she needed a paper copy of the plans and a copy of the grading and landscaping plans. The stormwater management plan would also have to be reviewed.
*Bob Guynup has spoken with James Martineau, the town attorney, and was told that this would need an amended application.
*Jerry Bottcher stated that he had spoken to a different attorney and felt that the board could approve less than the original application.
*Bob Girardin felt that an outside attorneys opinion should not reflect on this board and that because the new plan is less that it is different and needs to be reviewed again.
*Paul Wos suggested considering the original 36 units. He reiterated that they were trying to make an investment in the town and would be hiring locally and using local goods. He stated that they would be spending 7.7 million dollars in construction and this would yield 33 new homeowners added to the tax base.
*Larry Hegele questioned the purpose of this meeting; if it was to vote on the original application or to consider the new plan.
*Jerry Bottcher felt they were voting on the original application.
*John Lafferty noted that the board has an expert that states that the project “does not fit”.
*Sarah Adams felt that there was still missing information and that the project should not go on without all the information. She also noted that she has not heard anything about conditions for the project.
*Discussion was held on how the attorneys arrived at 20 units as allowable.
*Darin Forbes thought the board should be determining if the project fits or doesn’t fit.
*Clara Orsi was concerned over what the impact would be on the river. Paul stated that they had worked with the APA to come up with a plan so that there would be no effect on the river or the wetlands.
*There was a question if APA had stated this in a letter.
*Bruce Huntington noted that APA would not issue a letter unless they had jurisdiction.
*Cindy Garso read the NJ letter from the APA.
*Herb Crispell is under the impression that the Zoning Board will make a decision if the project can move forward and the number of units that will be considered and then it will go to the Planning Board.
*Tom Hinman noted that the DOH and DEC would also be involved.
*Garry Hoffman questioned what the board will base it’s decision on.
*Bob Girardin felt the board should consider the good of the community and the feelings of the community. He feels this project is unique and will make a great change to the community.
*Sarah Adams questioned if the project will still work if they don’t get the number of units that they want.
*John Roth has concerns over the ruining of the beach by seasonal people. He feels that seasonal people will not be putting anything into the town.
*Jane Sibalski thought that the laws were made to guide the boards and control the growth.
*Kent Adams felt that the project does not meet the criteria for a variance and that it is a density issue.
*Darin Forbes thought that the vision 20 years ago may be different today.
*Bob Girardin feels it is a very sensitive area of the town and that perhaps the project is in the wrong place.
*Herb Crispell discussed a compromise. He feels the most sensitive are the two building by the water.
*John Roth felt the board should not jump too quickly into changing such a unique area in Town. He felt Wilmington does not need to become a retirement or town house community.
*Darrell Austen felt that growth is good but asked why the doubling of density of almost 100%.*
*Tom Hinman stated that the project will not be approved until the engineer says that the project fits.
*Garry Hoffman requested that he be allowed to voice his opinion against the project because of the aesthetics.
*Bob Guynup would like to see the board take the advice of the town attorney.
*Gary Williams feel that once we give the beach away, it is gone forever and he would rather see someone come a take something that is already existing. He doesn’t feel this project will make a difference in the business in the town.]
*Larry Hegele was against the board approving anything that is more than the code allows.
*Jerry Bottcher made a motion that the board entertain approval of 9 buildings (27)units on the large parcel with no buildings on the small parcel; seconded by Herb Crispell;

Discussion: Tom Hinman stated that the process must be approved by the town attorney.
Bob Girardin feels the reasons that the people have for being against the project have not gone away.
He feels the density issue is only one part of what should be considered.
There was discussion over the fact that the small parcel could still be developed at some future date.

*Herb Crispell withdrew his second to the motion. His idea had been to maintain this parcel as forever wild.

Robert Girardin presented a motion to disapprove the application as presented for 36 units, seconded by Jerry Botther; carried with all in favor, none opposed.

Paul Wos felt the board needed to decide what THEY wanted there.

Motion to adjourn at 9:48 pm. Upon a motion by Aldo Aquino