5-20-09
Wilmington Zoning Board of Appeals
Regular Monthly Meeting
May 20, 2009
Present: Tom Hinman, Jim Carmelitano, Jerry Bottcher, Alicia Armstrong, Aldo Aquino, Robert Guynup, Steve Corvelli, Randy Preston,Gary Follos,Roy & Becky Holzer, Peter Coffrin, Fran & Charlotte Lawrence, Pam McDonald, Debbie Boise, Chris Santa, Gregory Camelon, Amy Levenson, Ceil Stephenson, Matt Levenson, Darrell Austen and Shirley Lawrence.
PUBLIC HEARING-WFE VENTURES-Application for a variance for rear setback on two lots.
CALL TO ORDER-7:10 p.m. by Chairman Tom Hinman
*There was previous confusion over maps presented and the letter from the APA. The residences can be
moved closer to the stream.
*Application is for relief of the rear setback requirements for lots 1 and 2. 50’ setback for lot 1; 30’ setback for lot 2.
*Setback will be at least 150’ from the center of the road.
*Public hearing closed at 7:17 pm.
*MOTION TO GRANT VARIANCE AS PROPOSED PRESENTED BY JERRY BOTTCHER, SECONDED BY JIM CARMELITANO; CARRIED UNANIMOUSLY.
PUBLIC HEARING-CONDITIONAL USE PERMIT FOR LOGGING BY NORTHWOODS FOREST CONSULTANTS ON PROPERTY OWNED BY PAM MCDONALD ON BONNIEVIEW ROAD.
CALL TO ORDER AT 7:19 P.M.
*Application is to harvest timber on property owned by Pam McDonald above the 25 acres allowed in the Land Use Code.
*Wish to thin the dead trees and leave a good healthy forest and also reduce fire hazard.
*Fire wood and timber will be saved and waste will be chipped.
*Bob Guynup noted that some of the neighbors had concerns over start times of the loggers. He has
spoken with Mike Ward and he agreed to reasonable starting times.
*Public hearing closed at 7:24 pm.
MOTION TO APPROVE THE CONDITIONAL USE PERMIT APPLICATION PRESENTED BY JERRY BOTTCHER, SECONDED BY ALDO AQUINO; CARRIED UNANIMOUSLY.
PUBLIC HEARING-CONDITIONAL USE PERMIT FOR ROY & BECKY HOLZER FOR THE USE OF THE OLD TOWN HALL BUILDING AS A RENTAL HALL.
PUBLIC HEARING CALLED TO ORDER @ 7:25 PM
*Is zoned commercial.
*Would not be used after 11 p.m.
*There is plenty of parking.
*Is hoping for a year round commercial use for the downstairs; perhaps office space.
*The building has handicapped access.
*Capacity is 114.
*Darrel Austen spoke in support of the project.
*There were 5 favorable responses from the neighbors. There was one opposing response from the neighbors citing increased traffic as their concern.
*The town maintains the road that goes past the building.
*Public hearing closed at 7:30 p.m.
MOTION TO APPROVED THE CONDITIONAL USE PERMIT APPLICATION AS PRESENTED BY ALDO AQUINO, SECONDED BY JERRY BOTTCHER; CARRIED UNANIMOUSLY.
PUBLIC HEARING-GARY FOLLOS-VARIANCE FROM MINIMUM LOT SIZE; PROPERTY LOCATED ON HASELTON ROAD.
PUBLIC HEARING CALLED TO ORDER @ 7:31 PM
*Gary Follos is representing the landowner.
*Is looking for a permit to build on a .7 acre lot.
*The lot has been owned since 1968 and the owner has paid taxes on it since then. It was considered a
buildable lot at that time which was before the land use code came into effect.
*Neighbors to the side of the property are Francis Lawrence on one side and Bob Denton o the other.
*The lot is 60’ wide and 310’ to the river.
*Gary Follos had a list of 30 homes in the area that start at .2 acre up to .8 acre.
*Fran Lawrence asked if the reason for the application was for the sale of the lot and was informed that it was. Fran further stated his opposition of the conditional use permit. He feels the board should go and look at the property. Fran noted that he had maintained the front of that property for 30 years. Gary
noted that this could have been considered 30 years of trespass on the property.
*Jerry Bottcher noted that the owner would have other options with the property; one of them being to sell to one of the neighbors. He further noted a precedent that had been set on the Thrapp Rd. for a similar application.
*There were 5 letters opposing the project out of 14 letters sent out; there were none received in favor of the application.
*Jerry also noted that the applicant would have recourse of going through a civil court. He also noted that the board needs to listen to the neighbors and take their views into consideration.
*Gary Follos feels the town should change assessments accordingly for land that is under one acre.
*An appraisal has not been done.
*Gary stated that the owner was willing to sell to the neighbors.
*Tom Hinman noted that 60’ is the standard lot size in any subdivision in the state except the Adirondacks.
*Randy Preston stated that one acre zoning was put in place because of the private septics.
*Public hearing was closed at 7:58 pm.
MOTION WAS PRESENTED BY ALDO AQUINO TO DENY APPROVAL OF THE VARIANCE APPLICATION SUBMITTED BY GARY FOLLOS; SECONDED BY ALICIA ARMSTRONG; CARRIED WITH ALL IN FAVOR.
REGULAR MEETING OF THE ZONING BOARD OF APPEALS
CALL TO ORDER AT 7:59 PM
APPROVAL OF APRIL MINUTES: MOTION BY JERRY BOTTCHER, SECONDED BY ALDO AQUINO; CARRIED WITH ALL IN FAVOR.
NEW BUSINESS
Amy Levenson-Conditional Use Permit to operate a family farm stand on Fox Farm Rd.
*She wishes to sell flowers, vegetables, homemade bread & cookies.
*Bob Guynup noted that because the flowers did not originate on site, a permit is required according to the land use code regulations.
*Public Hearing was set for June 17, 2009.
Whiteface View-Conditional Use Permit to convert part of motel to retail use at the Holiday Lodge.
*Would like to keep 20 motel units and have the rest for retail shops.
*Would also like to have an outside market and craft shop area.
*There is plenty of parking.
*Is hoping for one large tenant such as a pharmacy and possibly 4 others small business tenants.
*Bob Guynup feels there is a need for a conditional use permit fall all new business.
*Public Hearing set for June 17th.
NYSRA –CONDITIONAL USE PERMIT & VARIANACE-CELL TOWER
*Table until June meeting.
OLD BUSINESS-SANTA MARIA CONDITIONAL USE PERMIT
*Bob Guynup requested that Patrick & Craig Santa Maria’s conditional use permit issued for the garage on the corner of Route 86 and Bonnieview Road on June 18, 1998 be rescinded due to past violations.
MOTION TO RESCIND THIS PERMIT PRESENTED BY JERRY BOTTCHER, SECONDED BY JIM CARMELITANO, CARRIED WITH ALL IN FAVOR.
MEETING ADJOURNED AT 9:15 PM.
Regular Monthly Meeting
May 20, 2009
Present: Tom Hinman, Jim Carmelitano, Jerry Bottcher, Alicia Armstrong, Aldo Aquino, Robert Guynup, Steve Corvelli, Randy Preston,Gary Follos,Roy & Becky Holzer, Peter Coffrin, Fran & Charlotte Lawrence, Pam McDonald, Debbie Boise, Chris Santa, Gregory Camelon, Amy Levenson, Ceil Stephenson, Matt Levenson, Darrell Austen and Shirley Lawrence.
PUBLIC HEARING-WFE VENTURES-Application for a variance for rear setback on two lots.
CALL TO ORDER-7:10 p.m. by Chairman Tom Hinman
*There was previous confusion over maps presented and the letter from the APA. The residences can be
moved closer to the stream.
*Application is for relief of the rear setback requirements for lots 1 and 2. 50’ setback for lot 1; 30’ setback for lot 2.
*Setback will be at least 150’ from the center of the road.
*Public hearing closed at 7:17 pm.
*MOTION TO GRANT VARIANCE AS PROPOSED PRESENTED BY JERRY BOTTCHER, SECONDED BY JIM CARMELITANO; CARRIED UNANIMOUSLY.
PUBLIC HEARING-CONDITIONAL USE PERMIT FOR LOGGING BY NORTHWOODS FOREST CONSULTANTS ON PROPERTY OWNED BY PAM MCDONALD ON BONNIEVIEW ROAD.
CALL TO ORDER AT 7:19 P.M.
*Application is to harvest timber on property owned by Pam McDonald above the 25 acres allowed in the Land Use Code.
*Wish to thin the dead trees and leave a good healthy forest and also reduce fire hazard.
*Fire wood and timber will be saved and waste will be chipped.
*Bob Guynup noted that some of the neighbors had concerns over start times of the loggers. He has
spoken with Mike Ward and he agreed to reasonable starting times.
*Public hearing closed at 7:24 pm.
MOTION TO APPROVE THE CONDITIONAL USE PERMIT APPLICATION PRESENTED BY JERRY BOTTCHER, SECONDED BY ALDO AQUINO; CARRIED UNANIMOUSLY.
PUBLIC HEARING-CONDITIONAL USE PERMIT FOR ROY & BECKY HOLZER FOR THE USE OF THE OLD TOWN HALL BUILDING AS A RENTAL HALL.
PUBLIC HEARING CALLED TO ORDER @ 7:25 PM
*Is zoned commercial.
*Would not be used after 11 p.m.
*There is plenty of parking.
*Is hoping for a year round commercial use for the downstairs; perhaps office space.
*The building has handicapped access.
*Capacity is 114.
*Darrel Austen spoke in support of the project.
*There were 5 favorable responses from the neighbors. There was one opposing response from the neighbors citing increased traffic as their concern.
*The town maintains the road that goes past the building.
*Public hearing closed at 7:30 p.m.
MOTION TO APPROVED THE CONDITIONAL USE PERMIT APPLICATION AS PRESENTED BY ALDO AQUINO, SECONDED BY JERRY BOTTCHER; CARRIED UNANIMOUSLY.
PUBLIC HEARING-GARY FOLLOS-VARIANCE FROM MINIMUM LOT SIZE; PROPERTY LOCATED ON HASELTON ROAD.
PUBLIC HEARING CALLED TO ORDER @ 7:31 PM
*Gary Follos is representing the landowner.
*Is looking for a permit to build on a .7 acre lot.
*The lot has been owned since 1968 and the owner has paid taxes on it since then. It was considered a
buildable lot at that time which was before the land use code came into effect.
*Neighbors to the side of the property are Francis Lawrence on one side and Bob Denton o the other.
*The lot is 60’ wide and 310’ to the river.
*Gary Follos had a list of 30 homes in the area that start at .2 acre up to .8 acre.
*Fran Lawrence asked if the reason for the application was for the sale of the lot and was informed that it was. Fran further stated his opposition of the conditional use permit. He feels the board should go and look at the property. Fran noted that he had maintained the front of that property for 30 years. Gary
noted that this could have been considered 30 years of trespass on the property.
*Jerry Bottcher noted that the owner would have other options with the property; one of them being to sell to one of the neighbors. He further noted a precedent that had been set on the Thrapp Rd. for a similar application.
*There were 5 letters opposing the project out of 14 letters sent out; there were none received in favor of the application.
*Jerry also noted that the applicant would have recourse of going through a civil court. He also noted that the board needs to listen to the neighbors and take their views into consideration.
*Gary Follos feels the town should change assessments accordingly for land that is under one acre.
*An appraisal has not been done.
*Gary stated that the owner was willing to sell to the neighbors.
*Tom Hinman noted that 60’ is the standard lot size in any subdivision in the state except the Adirondacks.
*Randy Preston stated that one acre zoning was put in place because of the private septics.
*Public hearing was closed at 7:58 pm.
MOTION WAS PRESENTED BY ALDO AQUINO TO DENY APPROVAL OF THE VARIANCE APPLICATION SUBMITTED BY GARY FOLLOS; SECONDED BY ALICIA ARMSTRONG; CARRIED WITH ALL IN FAVOR.
REGULAR MEETING OF THE ZONING BOARD OF APPEALS
CALL TO ORDER AT 7:59 PM
APPROVAL OF APRIL MINUTES: MOTION BY JERRY BOTTCHER, SECONDED BY ALDO AQUINO; CARRIED WITH ALL IN FAVOR.
NEW BUSINESS
Amy Levenson-Conditional Use Permit to operate a family farm stand on Fox Farm Rd.
*She wishes to sell flowers, vegetables, homemade bread & cookies.
*Bob Guynup noted that because the flowers did not originate on site, a permit is required according to the land use code regulations.
*Public Hearing was set for June 17, 2009.
Whiteface View-Conditional Use Permit to convert part of motel to retail use at the Holiday Lodge.
*Would like to keep 20 motel units and have the rest for retail shops.
*Would also like to have an outside market and craft shop area.
*There is plenty of parking.
*Is hoping for one large tenant such as a pharmacy and possibly 4 others small business tenants.
*Bob Guynup feels there is a need for a conditional use permit fall all new business.
*Public Hearing set for June 17th.
NYSRA –CONDITIONAL USE PERMIT & VARIANACE-CELL TOWER
*Table until June meeting.
OLD BUSINESS-SANTA MARIA CONDITIONAL USE PERMIT
*Bob Guynup requested that Patrick & Craig Santa Maria’s conditional use permit issued for the garage on the corner of Route 86 and Bonnieview Road on June 18, 1998 be rescinded due to past violations.
MOTION TO RESCIND THIS PERMIT PRESENTED BY JERRY BOTTCHER, SECONDED BY JIM CARMELITANO, CARRIED WITH ALL IN FAVOR.
MEETING ADJOURNED AT 9:15 PM.
posted by Town of Wilmington at
2:32 PM
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