6-17-09
Wilmington Zoning Board of Appeals
Regular Monthly Meeting
June 17, 2009
Present: Alicia Armstrong,, Jim Carmelitano, Jerry Bottcher, Aldo Aquino, Herb Crispell, Bob Girardin, Robert Guynup, Steve Corvelli, Matt & Amy Levenson, Ginny Crispell, Randy Preston,Gary Follos,, Chris Santa, Gregory Camelon, David & Jean Baker, Tom & Cindy Taber, Michelle Burns and Shirley Lawrence.
PUBLIC HEARING-AMY LEVENSON-Application for a conditional use permit to operate a a farm stand on Fox Farm Road.
*Called to order at 7:04 p.m.
*There would be a canopy tent and the wagon that is already there.
*Would operate from May until the end of October (depending on the weather).
*Hours would be from 9 am to 6 pm.
*There would not be a temporary wooden structure as originally planned; only a 10 x 10 canopy.
*Operated by family only; no employees.
*Cindy Taber, the neighbor to the left, spoke thanking the board for notifying them. She noted that if the application was for a temporary structure she would be opposed. Since it is not she has no problem with the existing tent. She wouldn’t want to see a precedent set for expansion in the future.
*Jerry Bottcher presented a motion to approve the application as presented with the condition that no permanent structure be built without another application being submitted.
*Public hearing closed at 7:10 pm
PUBLIC HEARING-WHITEFACE VIEW-CHRIS SANTA
*Public hearing called to order at 7:11 p.m.
*The proposed uses are holistic therapy, flower shop, gift emporium and a farmers market/craft area once or twice a week.
*Plan to maintain a 19 unit motel and two apartments.
*The emporium will be owned and run by Whiteface View.
*The bar and restaurant is gone. Food is served banquet style now and will probably turn into a small café type business.
*There will be three retail spaces with an emporium and outside market.
*Access will be from the inside and the outside.
*Plan to work on this as a continuing project.
*Bob Guynup stated that all new retail uses need to apply and receive a conditional use permit.
*Planning Board recommendations were discussed; one that the board should be specific on the type of businesses.
*Randy Preston felt that it was not the fault of the applicant that the attorney had not been contacted and met with earlier to give an opinion and that approval could probably be granted for the businesses discussed and have all future businesses apply for conditional use permits.
*Jean Baker questioned the type of business that Melissa Adams has (holistic). Chris Santa explained that it was healing with crystals.
*The second Planning Board concern was signage.
*There would be a 4x8 graphic sign added to the present Holiday sign showing what retail shops are located within the building.
*Herb Crispell had concerns over kids running in the parking lot and the roadway from the farmer’s market..
*Chris stated that the farmer’s market would be located behind the sign and the tents would make the buffer zone from the roadway. The best day for the market would be Saturday but Chris does not wish to be limited to only Saturdays for the farmer’s market.
*Jerry Bottcher had concerns over the need for the farmer’s market to be a part of the application.
*Other members of the board felt that since it was a part of the application, it should be considered a part of the application.
*Jerry Bottcher presented a motion to approve the application as presented conditioned upon the vendors being limited to a florist, holistic therapy, antiques, arts & crafts and books as well as approval to hold a farmer’s market type event on the property; seconded by Herb Crispell; carried with all in favor, none opposed.
Public Hearing closed at 8:05 pm.
REGULAR MEETING CALLED TO ORDER AT 8:06 PM
ACCEPTANCE OF MAY 20, 2009 MINUTES
*Motion to accept by Bob Girardin, seconded by Jim Carmelitano; carried unanimously.
OLD BUSINESS
Haselton Road/Ortiz property-application presented by Gary Follos for the owner that was denied at the last meeting.
The following letter from the town attorney was read in regards to this decision.
June 17, 2009
Randy Preston
Town Supervisor
Town of Wilmington
Wilmington, NY 12997
RE: Reyna Ortiz
Dear Randy:
I am writing as a follow up of our meeting of June 16th, 2009 with respect to aforementioned landowner in the Town of Wilmington.
In that regard, you have asked for my legal opinion with respect to Ms. Ortiz’s request to the zoning board for a variance with respect to a .7 acre parcel of land she wishes to develop in the Town of Wilmington.
As I indicated to you at the meeting, the Ortiz lot appears to follow the provisions of Article VII of the Town of Wilmington Land Use Code and would meet the requirements under the general exception section of 701. Therefore, assuming the appropriate paperwork is filed and the provisions of Article VII (A)(1) are followed, the Ortiz lot would be suitable for the construction of a single family dwelling assuming that the lot otherwise complies with all setback requirements and regulations regarding all water and sewer.
This opinion is based upon my understanding that this lot was in existence prior to the Code and it contains at least half the minimum lot size that would be required by the Code.
If you need anything further, please do not hesitate to contact me.
Very truly yours,
James E. Martineau, Jr., Esq.
Board discussion was held on the letter.
*Motion was presented by Bob Girardin to rescind the previous denial and to waive a new application fee and to allow a new application to be submitted with a public hearing set for July 15th.
ALDO AQUINO RESIGNATION
The board accepted the resignation submitted by Aldo Aquino.
SANTA MARIA
*Bob Guynup gave an update stating that Santa Marias’ had signed for the Return/Receipt letters.
NEW BUSINESS
NYSRA-CONDITIONAL USE PERMIT & VARIANCE- CELL TOWER.
*Bob Guynup has received a notice of incomplete application from the APA.
*Public hearing set for July 15th.
Motion to adjourn at 8:35 by Jerry Bottcher, seconded by Bob Girardin and carried unanimously.
Regular Monthly Meeting
June 17, 2009
Present: Alicia Armstrong,, Jim Carmelitano, Jerry Bottcher, Aldo Aquino, Herb Crispell, Bob Girardin, Robert Guynup, Steve Corvelli, Matt & Amy Levenson, Ginny Crispell, Randy Preston,Gary Follos,, Chris Santa, Gregory Camelon, David & Jean Baker, Tom & Cindy Taber, Michelle Burns and Shirley Lawrence.
PUBLIC HEARING-AMY LEVENSON-Application for a conditional use permit to operate a a farm stand on Fox Farm Road.
*Called to order at 7:04 p.m.
*There would be a canopy tent and the wagon that is already there.
*Would operate from May until the end of October (depending on the weather).
*Hours would be from 9 am to 6 pm.
*There would not be a temporary wooden structure as originally planned; only a 10 x 10 canopy.
*Operated by family only; no employees.
*Cindy Taber, the neighbor to the left, spoke thanking the board for notifying them. She noted that if the application was for a temporary structure she would be opposed. Since it is not she has no problem with the existing tent. She wouldn’t want to see a precedent set for expansion in the future.
*Jerry Bottcher presented a motion to approve the application as presented with the condition that no permanent structure be built without another application being submitted.
*Public hearing closed at 7:10 pm
PUBLIC HEARING-WHITEFACE VIEW-CHRIS SANTA
*Public hearing called to order at 7:11 p.m.
*The proposed uses are holistic therapy, flower shop, gift emporium and a farmers market/craft area once or twice a week.
*Plan to maintain a 19 unit motel and two apartments.
*The emporium will be owned and run by Whiteface View.
*The bar and restaurant is gone. Food is served banquet style now and will probably turn into a small café type business.
*There will be three retail spaces with an emporium and outside market.
*Access will be from the inside and the outside.
*Plan to work on this as a continuing project.
*Bob Guynup stated that all new retail uses need to apply and receive a conditional use permit.
*Planning Board recommendations were discussed; one that the board should be specific on the type of businesses.
*Randy Preston felt that it was not the fault of the applicant that the attorney had not been contacted and met with earlier to give an opinion and that approval could probably be granted for the businesses discussed and have all future businesses apply for conditional use permits.
*Jean Baker questioned the type of business that Melissa Adams has (holistic). Chris Santa explained that it was healing with crystals.
*The second Planning Board concern was signage.
*There would be a 4x8 graphic sign added to the present Holiday sign showing what retail shops are located within the building.
*Herb Crispell had concerns over kids running in the parking lot and the roadway from the farmer’s market..
*Chris stated that the farmer’s market would be located behind the sign and the tents would make the buffer zone from the roadway. The best day for the market would be Saturday but Chris does not wish to be limited to only Saturdays for the farmer’s market.
*Jerry Bottcher had concerns over the need for the farmer’s market to be a part of the application.
*Other members of the board felt that since it was a part of the application, it should be considered a part of the application.
*Jerry Bottcher presented a motion to approve the application as presented conditioned upon the vendors being limited to a florist, holistic therapy, antiques, arts & crafts and books as well as approval to hold a farmer’s market type event on the property; seconded by Herb Crispell; carried with all in favor, none opposed.
Public Hearing closed at 8:05 pm.
REGULAR MEETING CALLED TO ORDER AT 8:06 PM
ACCEPTANCE OF MAY 20, 2009 MINUTES
*Motion to accept by Bob Girardin, seconded by Jim Carmelitano; carried unanimously.
OLD BUSINESS
Haselton Road/Ortiz property-application presented by Gary Follos for the owner that was denied at the last meeting.
The following letter from the town attorney was read in regards to this decision.
June 17, 2009
Randy Preston
Town Supervisor
Town of Wilmington
Wilmington, NY 12997
RE: Reyna Ortiz
Dear Randy:
I am writing as a follow up of our meeting of June 16th, 2009 with respect to aforementioned landowner in the Town of Wilmington.
In that regard, you have asked for my legal opinion with respect to Ms. Ortiz’s request to the zoning board for a variance with respect to a .7 acre parcel of land she wishes to develop in the Town of Wilmington.
As I indicated to you at the meeting, the Ortiz lot appears to follow the provisions of Article VII of the Town of Wilmington Land Use Code and would meet the requirements under the general exception section of 701. Therefore, assuming the appropriate paperwork is filed and the provisions of Article VII (A)(1) are followed, the Ortiz lot would be suitable for the construction of a single family dwelling assuming that the lot otherwise complies with all setback requirements and regulations regarding all water and sewer.
This opinion is based upon my understanding that this lot was in existence prior to the Code and it contains at least half the minimum lot size that would be required by the Code.
If you need anything further, please do not hesitate to contact me.
Very truly yours,
James E. Martineau, Jr., Esq.
Board discussion was held on the letter.
*Motion was presented by Bob Girardin to rescind the previous denial and to waive a new application fee and to allow a new application to be submitted with a public hearing set for July 15th.
ALDO AQUINO RESIGNATION
The board accepted the resignation submitted by Aldo Aquino.
SANTA MARIA
*Bob Guynup gave an update stating that Santa Marias’ had signed for the Return/Receipt letters.
NEW BUSINESS
NYSRA-CONDITIONAL USE PERMIT & VARIANCE- CELL TOWER.
*Bob Guynup has received a notice of incomplete application from the APA.
*Public hearing set for July 15th.
Motion to adjourn at 8:35 by Jerry Bottcher, seconded by Bob Girardin and carried unanimously.
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1:56 PM
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