7-15-09
Wilmington Zoning Board of Appeals
Regular Monthly Meeting
July 15, 2009
Board members present: Alicia Armstrong,, Jim Carmelitano, Jerry Bottcher, Jean Baker and Herb Crispell.
Others present: Robert Guynup, Steve Corvelli, Francis & Charlotte Lawrence, Gary Follos, Sam & Charles Haselton Randy Preston, Michelle Burns, Jared Lusk, Chris Howell and Shirley Lawrence.
PUBLIC HEARING #1-ORTIZ PROPERTY ON HASELTON ROAD-GENERAL EXCEPTION TO MINIMUM LOT SIZE
*Called to order at 7:06 p.m.
*The following letter was submitted by Charles Haselton:
Tuesday, July 14, 2009
To the “Board” of Town Zoning
Wlmington, New York
Do you have in your archives, case histories?
I would like to take the time, if permitted, to explain three very personal case histories that “Your Zoning Board” has treated with Erma and Charles Haselton.
1st. I purchased the ¾ acres of land on which my daughter Pamela Gray’s house now sits, in the 1960’s, long before any Wilmington, NY zoning ordinance. In 1975, after zoning was in force, I went to “the Board” asking for permission to build a 24’ x 36’ “Cape Cod” house. On the board was one Mary Fitzpatrick and one John Crowley. Both of these individuals said you will not get a permit to build, and, it is no hardship for Haseltons to hold the land in a NO USE position. I then hired Attorney Favor Smith Senior to take the case to court, at my cost of $2,500 to gain a permit and the home was built. Is there any recourse to my $2,500.00 expense?
2nd. My neighbor, Max Hathaway died. His property came up for sale. Erma and I went to the Town Zoning with the question, if we purchase the Max Hathaway property, can we divide so that a house could be constructed. As the zoning was in force for ONE acres parcel per house, and this was 1-3/4 acres. We were emphatically told YOU CANNOT divide. Within a year Young-Lyon purchased the house and property, and YOU have allowed it to be divided. I question the change in your position.
3rd. I own and manage in accordance with NYS Forestry Department and 480-A Land use 1700 aces of Prime Woodlands. The 1,700 acres tax has been increased over 200% in the last five years. I had a five acre parcel that was not contiguous to other property, and listed it for sale. Prior to the sale in accordance with NYS Forestry Laws & 480-A program cut the trees suitable for timber. Your Zoning had me hauled into court contesting that I had cut my trees within the 125 foot setback from the Wilmington Scenic Highways. I went to court, pleaded my case with photos and documents, and I have not heard further, re, your zoning and a 125’ setback, for “Wilmington Scenic Highways.
May I respectively request that your board pass by the new house on Haselton Road, which is opposite where Erma and I reside, and advice if this meets with the Scenic Highways for Wilmington, New York; You have responsibilities that should be enforced in equality for ALL without prejudices and favoritism for the “Good Ole Boys”.
With Kind Personal Regards:
Charles & Erma Haselton
*Charles Haselton reviewed items in this letter with the board and spoke against the project.
Francis Lawrence stated that if the land was sold, it would no longer be owned by the person that had it before the land use code came into effect. He had further concerns about the water that runs through the property. He further stated that an easement would be required to install electric.
Gary Follos had no comment.
*The board discussed Charles Haselton’s statements as well as the attorney’s opinion letter from James Martineau.
*The board further reviewed Article 7 of the land use code.
*Francis Lawrence would like to know ahead of time what is being constructed in the neighborhood.
He also felt that the surface drainage would be a problem.
*There were two letters received from adjoining landowners; both were against the project.
*The board suggested possibly having conditions but determined that any difficulties would be covered during the building permit process.
*If the permit is granted the building rights would follow the deed.
*Gary Follos was of the understanding that the lot existed before the land use code; not necessarily the ownership.
*Herb Crispell felt the board could not specify what is built as long as it conforms with the code.
*The septic would need to be designed by an engineer.
*The board discussed the impact that this approval would have on future applications.
Public hearing closed at 7:34 p.m.
Jim Carmelitano made a motion to approve the application upon the meeting of the conditions in Article 7 of the Land Use Code, seconded by Jerry Bottcher;
*Discussion ensued on possible conditions.
*Herb Crispell felt one condition could be vegetative screening for the driveway, if needed.
Vote: Jean Baker will vote for Tom Hinman; Herb Crispell will vote for Bob Girardin.
Motion carried with all in favor, none opposed.
PUBLIC HEARING #2 NYS-RSA No 2 “Cellular Partnership d/b/a Verizon Wireless-Conditional Use Permit and Variance to construct a 70’ monopole antenna, equipment shelter and associated site improvements.
*Jared Lusk explained the project.
*Is going to the APA as well as the town.
*Driveway will be 12’ wide.
*Will comply with DEC regulations regard SWMP.
*APA is the lead agency.
*Will probably start in the spring and is usually completed in thirty days.
*Bob Guynup noted that he received a notice of incomplete application from the APA.
*Jared stated that they are in the process of responding to the APA within the next 30 days.
*The final design will be consistent with APA approval.
*Herb Crispell would like to see about 45’ from the road to the fence so that no one will have to stop in
the Ledge Rock drive to open and close the gate.
*Jerry Bottcher questioned if they could foresee having to replace or modify the equipment in the near future. The only modification would be adding antennas.
*Steve Corvelli explained his part in the project as Town Board member and encouraged the board to approve the application.
*Jared Lusk asked that the board approved the application with the final design as determined by the APA.
Public hearing closed at 8:26 p.m.
The board determined that the EIS has been reviewed as outlined in the application and the Environmental Assessment form submitted with the application and deemed that there will be no significant adverse environmental impacts as a result of the project and therefore the Zoning Board of Appeals issues a negative declaration for the purpose of SEQR.
*Motion was presented by Jerry Bottcher to approved the application for a conditional use permit with the final design as determined by the APA; seconded by Herb Crispell; vote carried with Jean Baker abstaining from voting.
Motion presented by Jim Carmelitano to approve the application for a variance for a 70’ tower with a 10’ lightning rod; seconded by Jerry Bottcher; carried with Jean Baker abstaining from voting.
REGULAR MEETING CALLED TO ORDER AT 8:37 pm.
APPROVAL OF MINUTES-JUNE 15, 2009
Motion to approve by Jim Carmelitano, seconded by Herb Crispell, carried unanimously.
OLD BUSINESS-none
NEW BUSINESS-none
ANNOUNCEMENTS-Welcome Jean Baker to the Board as an alternate member.
*Randy Preston informed the board that the town has a grant to work on the Land Use Code in the amount of $66,000.
ADJOURNMENT
Meeting adjourned at 8:44 p.m.
Regular Monthly Meeting
July 15, 2009
Board members present: Alicia Armstrong,, Jim Carmelitano, Jerry Bottcher, Jean Baker and Herb Crispell.
Others present: Robert Guynup, Steve Corvelli, Francis & Charlotte Lawrence, Gary Follos, Sam & Charles Haselton Randy Preston, Michelle Burns, Jared Lusk, Chris Howell and Shirley Lawrence.
PUBLIC HEARING #1-ORTIZ PROPERTY ON HASELTON ROAD-GENERAL EXCEPTION TO MINIMUM LOT SIZE
*Called to order at 7:06 p.m.
*The following letter was submitted by Charles Haselton:
Tuesday, July 14, 2009
To the “Board” of Town Zoning
Wlmington, New York
Do you have in your archives, case histories?
I would like to take the time, if permitted, to explain three very personal case histories that “Your Zoning Board” has treated with Erma and Charles Haselton.
1st. I purchased the ¾ acres of land on which my daughter Pamela Gray’s house now sits, in the 1960’s, long before any Wilmington, NY zoning ordinance. In 1975, after zoning was in force, I went to “the Board” asking for permission to build a 24’ x 36’ “Cape Cod” house. On the board was one Mary Fitzpatrick and one John Crowley. Both of these individuals said you will not get a permit to build, and, it is no hardship for Haseltons to hold the land in a NO USE position. I then hired Attorney Favor Smith Senior to take the case to court, at my cost of $2,500 to gain a permit and the home was built. Is there any recourse to my $2,500.00 expense?
2nd. My neighbor, Max Hathaway died. His property came up for sale. Erma and I went to the Town Zoning with the question, if we purchase the Max Hathaway property, can we divide so that a house could be constructed. As the zoning was in force for ONE acres parcel per house, and this was 1-3/4 acres. We were emphatically told YOU CANNOT divide. Within a year Young-Lyon purchased the house and property, and YOU have allowed it to be divided. I question the change in your position.
3rd. I own and manage in accordance with NYS Forestry Department and 480-A Land use 1700 aces of Prime Woodlands. The 1,700 acres tax has been increased over 200% in the last five years. I had a five acre parcel that was not contiguous to other property, and listed it for sale. Prior to the sale in accordance with NYS Forestry Laws & 480-A program cut the trees suitable for timber. Your Zoning had me hauled into court contesting that I had cut my trees within the 125 foot setback from the Wilmington Scenic Highways. I went to court, pleaded my case with photos and documents, and I have not heard further, re, your zoning and a 125’ setback, for “Wilmington Scenic Highways.
May I respectively request that your board pass by the new house on Haselton Road, which is opposite where Erma and I reside, and advice if this meets with the Scenic Highways for Wilmington, New York; You have responsibilities that should be enforced in equality for ALL without prejudices and favoritism for the “Good Ole Boys”.
With Kind Personal Regards:
Charles & Erma Haselton
*Charles Haselton reviewed items in this letter with the board and spoke against the project.
Francis Lawrence stated that if the land was sold, it would no longer be owned by the person that had it before the land use code came into effect. He had further concerns about the water that runs through the property. He further stated that an easement would be required to install electric.
Gary Follos had no comment.
*The board discussed Charles Haselton’s statements as well as the attorney’s opinion letter from James Martineau.
*The board further reviewed Article 7 of the land use code.
*Francis Lawrence would like to know ahead of time what is being constructed in the neighborhood.
He also felt that the surface drainage would be a problem.
*There were two letters received from adjoining landowners; both were against the project.
*The board suggested possibly having conditions but determined that any difficulties would be covered during the building permit process.
*If the permit is granted the building rights would follow the deed.
*Gary Follos was of the understanding that the lot existed before the land use code; not necessarily the ownership.
*Herb Crispell felt the board could not specify what is built as long as it conforms with the code.
*The septic would need to be designed by an engineer.
*The board discussed the impact that this approval would have on future applications.
Public hearing closed at 7:34 p.m.
Jim Carmelitano made a motion to approve the application upon the meeting of the conditions in Article 7 of the Land Use Code, seconded by Jerry Bottcher;
*Discussion ensued on possible conditions.
*Herb Crispell felt one condition could be vegetative screening for the driveway, if needed.
Vote: Jean Baker will vote for Tom Hinman; Herb Crispell will vote for Bob Girardin.
Motion carried with all in favor, none opposed.
PUBLIC HEARING #2 NYS-RSA No 2 “Cellular Partnership d/b/a Verizon Wireless-Conditional Use Permit and Variance to construct a 70’ monopole antenna, equipment shelter and associated site improvements.
*Jared Lusk explained the project.
*Is going to the APA as well as the town.
*Driveway will be 12’ wide.
*Will comply with DEC regulations regard SWMP.
*APA is the lead agency.
*Will probably start in the spring and is usually completed in thirty days.
*Bob Guynup noted that he received a notice of incomplete application from the APA.
*Jared stated that they are in the process of responding to the APA within the next 30 days.
*The final design will be consistent with APA approval.
*Herb Crispell would like to see about 45’ from the road to the fence so that no one will have to stop in
the Ledge Rock drive to open and close the gate.
*Jerry Bottcher questioned if they could foresee having to replace or modify the equipment in the near future. The only modification would be adding antennas.
*Steve Corvelli explained his part in the project as Town Board member and encouraged the board to approve the application.
*Jared Lusk asked that the board approved the application with the final design as determined by the APA.
Public hearing closed at 8:26 p.m.
The board determined that the EIS has been reviewed as outlined in the application and the Environmental Assessment form submitted with the application and deemed that there will be no significant adverse environmental impacts as a result of the project and therefore the Zoning Board of Appeals issues a negative declaration for the purpose of SEQR.
*Motion was presented by Jerry Bottcher to approved the application for a conditional use permit with the final design as determined by the APA; seconded by Herb Crispell; vote carried with Jean Baker abstaining from voting.
Motion presented by Jim Carmelitano to approve the application for a variance for a 70’ tower with a 10’ lightning rod; seconded by Jerry Bottcher; carried with Jean Baker abstaining from voting.
REGULAR MEETING CALLED TO ORDER AT 8:37 pm.
APPROVAL OF MINUTES-JUNE 15, 2009
Motion to approve by Jim Carmelitano, seconded by Herb Crispell, carried unanimously.
OLD BUSINESS-none
NEW BUSINESS-none
ANNOUNCEMENTS-Welcome Jean Baker to the Board as an alternate member.
*Randy Preston informed the board that the town has a grant to work on the Land Use Code in the amount of $66,000.
ADJOURNMENT
Meeting adjourned at 8:44 p.m.
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