Zoning Board Minutes

3-10-10

2010-03-10T13:40:00.000-05:00

Town of Wilmington
Zoning Board of Appeals
March 10, 2010

Zoning Board Members present: Chairman, Alicia Armstrong, Jerry Bottcher, Tom Hinman, Bob Girardin, Jim Carmelitano and Jean Baker.

Public present: Randy Preston, Steve Corvelli, Scott Allen, AES, Carol Girardin, Sylvia Mustelier, Ceil Stephenson, Alison & Gary Follos, Marilyn Moncsko, Judi Gould, Nancy Gonyea, Nadine Hathaway, Don DeMacy, Michelle Burns, Larry Gibbons, Al Armstrong, Gail Mitchell, Tom Bradshaw, Tina Preston, Ray Curran, Kathy Daggett, Rarilee & Tom Conway, Kate Santerre, Bob Guynup, Bill Waldy, Lora Bushy, Tim Preston, Dick & Jane Sibalski, Scott Avery, Nancy LeBlanc, Tim Follos, Gary Bushy, Jeri Wright Paul Wos , Thomas Carr, Yvonne Farmer, Mary Sue & Terry Dobbins, Jessica Collier, Darin Forbes , Jason Bell and Shirley Lawrence.

CALL TO ORDER at 7:00 pm by Chairman Armstrong.

Pubic Hearing #1
Kate Santerre-Lighthouse Bakery-Route 86-conditional use permit to operate restaurant and bakery.
*Would be open six days a week from 7 am to 3 pm and serve breakfast and lunch.
*She is presently approved under the Department of Agriculture for her bakery. She will be meeting with the DOH for their approval.
*JERRY BOTTCHER PRESENTED A MOTION TO APPROVE THE APPLICATION AS PRESENTED; SECONDED BY TOM HINMAN; CARRIED UNANIMOUSLY.
*Public hearing closed at 7:03 pm.

REGULAR MEETING CALLED TO ORDER AT 7:04 PM

NEW BUSINESS
STEINHOFF’S – APPLICATION FOR A CONDITIONAL USE PERMIT
*Jason Bell, the manager, was present representing the owners, the Gibsons.
*There are no major changes to the operation.
*Public hearing was set for April 21st .

TOM CONWAY-APPLICATION FOR A CONDITIONAL USE PERMIT
*Tom wants to open a fly shop in their building on Route 86 that houses the ACO offices.
*He will have a guide service.
*The real estate office will remain in the building.
*Public hearing was set for April 21st.

OLD BUSINESS
BOWMAN LANE FIRST COLUMBIA DEVELOPMENT PROJECT
*Alicia thanked those that attended the public hearing.
*She noted that First Columbia owns the property and something can be built there.
*Alicia gave an update of the project to date.
*Jerry Bottcher presented a motion to approve the application with conditions, seconded by Jim Carmelitano

March 10, 2010
Zoning Board of Appeals
Page 2

*Discussion:
*Bob Girardin read the following statement:
When I was appointed to the Zoning Board over 25 years ago, I thought “Well, I’ll put my time in and perform some public service.”

I came to realize that the Zoning Board of Appeals is an important arm of town government. We are not here to enforce but to grant an easing of the Land Use Code This easing or “conditional use” will be decided within the parameters set forth in our code. So, when deciding on an issue we are obligated to consider these objectives. To quote these objectives as they pertain to this consideration:

I quote page 101-The purpose of this code is to insure optimum conservation, unique scenic wildlife and recreational use and on Page 501 under general standards-“to take into account, character appearance, size, intensity and to consider the comfort and convenience of the residents of Wilmington in general and residents of the IMMEDIATE NEIGHBORHOOD IN PARTICULAR.

With these directions from the people of Wilmington as set forth in the Land Use Code, I would like to put forth my opinions and conclusion on this issue.

First I find it difficult to believe 1st Columbia was unaware of the discord this proposition would cause the people of Wilmington. I believe this is a self-created hardship.

Secondly, there is no doubt that the town beach is a unique scenic recreational area. This uniqueness is not enhanced but diminished by the construction of overly dense placement of town houses (condos).
Some have said if the board doesn’t pass this with all our controls, others may build who are not suitable. If building is done on this property and falls within zoning requirements, it would not even be considered by the board but would still fall within all restrictions of zoning.

Third, the comfort and convenience of the public and immediate neighborhood is stressed. In my estimation the people of Wilmington and the immediate neighbors have overwhelmingly rejected this project. I think we should take the public opinion into consideration.

March 10, 2010
Zoning Board of Appeals
Page 3

The town beach is a wonderful place; unique in our town. I feel this ambiance would be lost with the building of this high density project.

I MUST VOTE “NO” ON THIS ISSUE.

Respectfully,
Bob Girardin

The following conditions were presented by Jerry Bottcher as part of the motion:

1. That these units remain and be taxed forever as townhouses and not condominiums or any other designation or entity.
2. No illegal, noxious offensive activity or excessive noise shall be permitted on any part of the property that may be deemed an annoyance, discomfort, or embarrassment to the neighborhood. First Columbia will be expected to establish specific guidelines to reduce the noise level from stereos, televisions, musical instruments and the like.
3. Parking by owners, renters, or guests, must be confined to designated areas on the property only. No parking by owners, renters or guests may be permitted on any part of Route 86, Bowman Lane, or upon the public beach parking area. No parking on grassed or wooded areas.
4. No light shall be emitted from any portion of the property which is unreasonably bright or causes any excessive glare to the abutting neighborhood or the neighborhood across Lake Everest.
5. No owners of any individual unit shall be allowed to rent their units to any party unless at least one member of that party is present and a responsible adult of at least 21 years of age.
6. All pets shall be under the control of their owners at all times and shall not be allowed off the property except when properly leashed and accompanied by the owner or his or her representative. Dogs are not to be left outside unattended or chained anywhere on the property.
7. No abandoned, unlicensed, or inoperable automobile or vehicle of any kind shall be stored or parked on any lot or upon any part of the property.
8. No outside construction shall begin before 8 a.m. or continue past 7 p.m. weekdays or before 10 a.m. and past 6 p.m. on Saturday. No construction on Sundays.
9. No tree may be removed with a diameter exceeding 8 inches from a height 4 feet above level ground beyond 20 feet of any driveway, parking area, or structure on the property unless such tree is deemed to be a potential hazard or safety issue.
10. No outside television antennae or satellite dish shall be erected upon or attached to any unit or lot on any portion of the property.
11. No shed, shack, trailer, camper, tent or other temporary or movable building or structure of any kind shall be erected or be permitted to remain on any part of the land.

March 10, 2010
Zoning Board of Appeals
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12. Any present or future signage must be consistent with and conform to any current or future local or state sign ordinances. Except for signs erected by or with the permission of First Columbia in connection with the initial marketing of units, no additional sign or other advertising device of any nature shall be placed for display to the public view on any Unit, on any lot or other portion of the property. (Including temporary signs advertising Units for sale or rent by the unit’s owners.
13. No trash, garbage, rubbish, debris, waste material or other refuse shall be deposited or allowed to accumulate or remain on any part of the property. No fires, burning of trash, chips, debris or refuse of any kind shall be permitted on any part of the land except during periods of construction.
14. No grass shall be allowed to grow to a height exceeding 6 inches on any area deemed to be a yard or any common area considered to be a maintained or landscaped area. The landscaping of each lot shall be maintained by the owner in a safe, neat, attractive and well kept condition, which shall include lawns mowed, hedges, shrubs and trees pruned or trimmed, adequate watering, replacement of dead, diseased or dying materials, and removal of weeds and debris.
15. No outdoor drying or airing of any clothing, bedding or other items shall be permitted on the property or on any lot or Unit. No clotheslines of any type shall be permitted on any lot or Unit or other portion of the property.

Additional conditions submitted by Jean Baker

16. Construction should be completed in three phases beginning at Route 86 and progress towards the beach.
17. First Columbia should pave Bowman Lane and deed it to the Town.
18. Interior roads should be kept plowed and maintained for Fire and Rescue access.

Additional conditions submitted by Scott Allen of AES.

19. The applicant should provide proof that the project has been approved by the NYS Department of Health.
20. A SPEDES permit should be issued before a building permit is issued.
21. The board should receive a complete set of the final plans.

*Paul Wos stated that there will be underground cable service instead of satellite.
*The Homeowners Association fees will cover the grounds and roads maintenance.
*Bob Girardin feels this project should not be in the town center and that there was an
overwhelming group against the project. He would like to see something that stays within the zoning in that area.
*Jean Baker did not feel that there was an overwhelming representation.
*DEC and DOH would have to approve and planning board would do site plan review.
*All recent studies by the town promote Village Center development.
*Paul Wos stated that they will build one building at a time and the HOA would cover all the conditions as well as other conditions. They are hoping for a 2-3 year build out.

March 10, 2010
Zoning Board of Appeals
Page 5

*Bob Girardin feels the people of Wilmington are not in favor of the project and that the board is doing them a disservice if they approve it.
*Scott Allen went over the responsibilities and process to be taken by the board. He also noted that the conditions could be applied to the variance and the conditional use permit.

Jean Baker submitted the following for public record;

FACTORS CONTRIBUTING TO MY DECISION ON THE FIRST COLUMBIA APPLICATION FOR AN AREA VARIANCE

Will the variance create/produce an undesirable change in the character of the neighborhood or be a detriment to the nearby properties?

*The property in question is located in the “Village Center.” Most of the properties in the area are commercial in nature.
*I believe the project itself (16 units) will cause the impact – not the variance.
*I believe the created change will have a positive effect on the village for the following reasons.
1. The plans for the project are very attractive Adirondack style buildings and well landscaped grounds.
2. Twenty seven new families will purchase these homes. Most will be part time residents and as such will have little impact on the Town Services such as the cost of educating their children. The increased Real Estate and School taxes paid by these families should reduce the burden on Wilmington’s full time residents.
3. The new residents will bring much needed “disposable income” that will be spent in our local restaurants, shops, gas stations, etc. Perhaps increased revenues will inspire existing business to spruce up their properties as well.

Can the benefit sought by the applicant be achieved by some method available to the applicant other than granting an area variance?

*I don’t believe so.
*Granting the variance gives the Town controls over the project that cannot otherwise be exercised. Without the variance, the developers can build within 10 feet of the beach property. With the variance, the Town can require them to build 100 feet away from the beach.

Is the requested area variance substantial?

*Yes. However, if the variance is not granted, the developer will erect 8 duplex buildings with garages for a total of 16 units.
*If the variance is granted they will erect 9 buildings containing 3 units each without garages for a total of 27 units.
*Granting the variance will result in only one additional building .
*The foot print of the property will not change significantly.

Will this variance have an adverse effect or impact on the physical or environmental conditions in the neighborhood?
March 10, 2010
Zoning Board of Appeals
Page 6

*No. The engineers report indicates there are no adverse environmental conditions.
*The plans and drawings call for very attractive “Adirondack Style” buildings and well landscaped grounds.
*Granting the variance will result in 11 additional units. If each unit averages a family of four, the result will produce a maximum of an additional 44 people in town on any given day. I do not believe 44 people will significantly impact the town.

Was the alleged difficulty self-created?

*Yes. I find it difficult to believe that the principles of First Columbia, both of whom are engineers with stellar reputations, would purchase any piece of property without checking the Land Use Codes and APA restrictions.
However, while I have considered this factor, I believe the positive aspects of this project and impact on our community out-weigh any negligence on their part.

Additional factoring into my decision:
*The developers have promised to use local workers in the construction of this project creating opportunities for tradesmen in an otherwise bleak economic climate.
*First Columbia has verbally agreed to turn Bowman Lane over to the Town.
*I do not believe that those opposed to this project represent a substantial percentage of
our community. We have about 800 registered voters in the Town of Wilmington. Only about 70 attended the public hearing. Not everyone attending the public hearing was opposed to this project. I think it is fair to say that less than 10% of our registered voters cared enough about this project o voice their opposition in a public forum.
*Most importantly, the people of Wilmington will not be losing their Town Beach. They
will travel the same road either by car or on foot to access the beach. Beach parking will not be affected. The concerts and special events will still take place and the noise will be controlled. While the landscape will no longer be dominated by pine trees, the proposed project certainly cannot be considered an “eye sore”.
*The ZBA has a substantial list of conditions to guarantee minimal impact to our citizens. I would welcome any additional suggestions to our list of conditions.

MOTION TO APPROVE THE AREA VARIANCE WITH CONDITIONS PRESENTED BY JERRY BOTTCHER, SECONDED BY TOM HINMAN;
ROLL CALL VOTE-ROBERT GIRARDIN-NO; JERRY BOTTCHER-YES; TOM HINMAN-YES; JIM CARMELITANO-YES; ALICIA ARMSTRONG-YES.

MOTION TO APPROVE APPLICATION FOR A CONDITIONAL USE PERMIT WITH CONDITIONS PRESENTED BY JERRY BOTTCHER, SECONDED BY JIM CARMELITANO; APPROVED WITH ALL IN FAVOR; NONE OPPOSED.

NEW BUSINESS
*Meg Parker-conditional use application to expand her home occupation business to be a commercial business.
*She would expand off the back of the house two stories high.
*The first floor would be handicap accessible.
March 10, 2010
Zoning Board of Appeals
Page 7

*She would offer more services (sound therapy, acupuncture, massage)
*Public hearing was set for April 21st.

APPROVAL OF MINUTES OF THE FEBRUARY 17TH MEETING.
Motion to accept by Jerry Bottcher, seconded by Bob Girardin; carried unanimously.

ANNOUNCEMENTS
*March 23 & 24th is local Government Day.
*Elan consultant meeting is March 19th @ 1 p.m.

DISCUSSION -Alan Oppenheim Project
*Alan needs nothing from the Planning Board for condos.
*APA is the lead agency.
*A conditional use permit and variance have already been granted.
*The original application was for townhouses, not condos.
*The board would like clarity by the attorney as to why that has changed and if the variance should be re-visited.
*Scott Allen went over the definitions of condos and town houses.
*Randy Preston to contact the town attorney for an opinion.
*The board will invite Alan Oppenheim to the April 21st meeting.

ADJOURNMENT-Motion by Jerry Bottcher, seconded by Tom Hinman at 9:05 p.m.

2-17-2010

2010-02-17T12:59:00.000-05:00

Town of Wilmington
Zoning Board of Appeals
February 17, 2010
Whiteface Mountain

Zoning Board Members present: Chairman, Alicia Armstrong, Jerry Bottcher, Tom Hinman, Bob Girardin, Jim Carmelitano and Jean Baker.

Public present: Mary Frances Carr, Joan M. Carr, Bob Guynup, Scott Allen from AES, Theresa Avery, Tina Terry, Mary Pelkey, Trevor Preston, Dorothy ……..Mary & Gary Grady, Gail Mitchell, Nancy Gonyea, Tom Bradshaw, Alison Follos, Larry Hegele, Susan & Robert Hockert, Ronald Edwin Keegan, Terry & Mary Sue Dobbins, Leonard Forbes, Sarah Adams, Sylvia Mustelier, Harriet Adams, Judi & Dan Gould, Bruce Huntington, Mathew Dempsey, Leonard Reed, Guy Stephenson, Dawn Stevens, Chuck & Paul Lyon, Scott Avery, Kathy Daggett, Kent Adams, Elizabeth Adams, Darin Forbes, Ray Curran, Celia Stephenson, Bethany Kress, Scott Hall, Al Armstrong, Diane & David Wainwright, Bill Waldy, Kim Sedam, K. Andrew Keasler, Phil Ba….., Dave Magurk, Michelle & John Burns, Roy Holzer, Yvonne Farmer, Bill Stahl, Jenny Winch and Lauren Garfield, Larry Gibbons, Steve Corvelli, John Mansfield, Jeri Wright, Lisa Dyslin Randy Preston, Mary Lou Moore and Shirley Lawrence.

The public was reminded to sign in if they wished to speak at a public hearing. Sign in sheets were available at 6:30 p.m.

CALL TO ORDER at 7 pm by Chairman Armstrong.

Pubic Hearing #1
Kate Santerre-Lighthouse Bakery-Route 86-conditional use permit.
*Hearing was postponed until the March meeting; applicant was not present.

Public Hearing #2
First Columbia-Bowman Lane Townhouse Project-Variance request
*Call to order at 7:02 p.m.
*Application to build 9 multifamily dwellings on 8.11 acres of land.
*AES has deemed the application complete.
*Alicia Armstrong gave an update on the project to date.
*Paul Wos of First Columbia went over the proposed project.
*The application is for 27 units in nine buildings.
*They have non-jurisdictional letter from the APA.
*Each unit would be 1200 sq.ft (2 bedroom) and 1700 sq. ft. (3 bedroom)
*There would be no garages.
*Would be considered an upside down townhouse with the living quarters upstairs.
*The development would be marketed towards vacation families.
*If the project was reduced to the allowed 16 units, the building would have to be bigger
and the occupants would wish to have river views as well as garages. These are not the
kind of people that First Columbia wishes to bring into the community.
*Scott Allen of AES gave an update on the engineering findings to date.
*AES was hired in October to review materials submitted by the applicant to determine if the applicant was in compliance with the Land Use Code. Since that time there have been reviews by AES and discussions with First Columbia checking off the items of concern as they were addressed by the applicant. On January 18th the opinion was given that the application was complete. The conclusion was that if the project is built

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February 17, 2010
Zoning Board of Appeals

according to plans, they comply with DEC & DOH as they pertain to stormwater and wastewater disposal. The zoning board was looking for guidance on the density issue. Upon review of other communities it was found that Wilmington’s density requirements were more strict.
*Alicia Armstrong asked if these were considered townhouses and not condos.
*Paul Wos: Yes, there will be a HOA and they will be taxed as townhouses and not condos.
*Jerry Bottcher: Are townhouses taxed the same as a house?
*Paul Wos: Yes.

Public speakers

*Steve Corvelli, 858 Springfield Road: Steve spoke in support of the project. The new owner has a right to develop the land and it will be developed. The town needs to look at how it is going to sustain itself in the future. He feels this project is a perfect fit for the community and the town is fortunate to have this type of company want to do something in the community.

Jeri Wright, Indian Rock Rd.: Jeri spoke in favor of the project. She would prefer to see something that the Town has control over.

Tina Terry, Route 86: She is a business owner in town and has seen many business go out of business. We need to get tourists into town and have people in the shops. This will not happen if we don’t change the way things are going.

John Mansfield, 788 Springfield Rd.: He has been in town since August 1st. He sees this project as one that is going to be a big benefit to the area. First Columbia is very skilled at what they do and the project has been thought through thoroughly. He sees no negatives to the project.

Larry Hegele, 41 Roses Way: Larry presented a list of persons opposing the building of townhouses. He was informed that this was not any kind of legal document. He feel this project will bring about undesirable changes to the neighborhood and that the beach might become the townhouse beach instead of the town beach. He discussed the scare tactics presented by the developer if they are forced to comply with the allowed 16 units.
He feels this development will not solve the problems in this community.

Alison Follos, 45 River Bend Way: She has lived next to the beach her whole life; the area is not that large and needs to be protected. She has concerns over the increase in the number of dwellings. The developer knew the rules when they purchased the property. She feels building should be done within the current laws for development.

Terry Dobbins, 64 Manning Rd: He is a retired attorney. The developer bought the property knowing the zoning regulations and this is a self-inflicted dilemma by the developer. Variances should be granted sparingly or under exceptional circumstances.
Paul Wos implies that more money can be made if the variance is granted.

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Lisa Dyslin, 17 Quaker Mt. Rd: Thank you to the zoning board for the time they have spent on this project. She has been associated with the town for 40 years and is not against growth in the Town of Wilmington. She feels the beach is a special place and the 27 units will require cutting down many trees and will change the atmosphere of the beach. She would like the board to turn down the application.

Larry Gibbons, 37 Riverbend Way: Is not against development. Would rather see 16 units with room for storage of items. He knows there are also wetlands as part of the property. Has concerns over the fact that there is a new engineer on the project. He is against the project and feels less is better than more. Feels the beach will become overcrowded. What happens when there is no one in the houses. This will draw people in the area doing vandalism.

Randy Preston, 24 Stoney Birch Way: Was not in favor of the previous proposal because he was not certain that it would fit. Something will be developed there. Will we have any say over what is developed? The proposal has been extensively reviewed and concluded that the units fit and there is no detrimental effect on the beach. We will have control over every aspect of the project. He does not want Wilmington to become another Lake Placid but we need some kind of development. He feels we can still maintain the small town quality of life. He asked that the board approve the project.

Scott Avery, Hardy Road: Has been in the town for 40 years. It would be better if we could add that 8 acres to the beach. He does not know why the developer would purchase the property without knowing the code. He does not know what a garage has to do with driving into Lake Placid. He feels we should stick to the code. Wilmington is special and we need to work hard and be patient. It can be developed within the allowed 16 units at a profit.

Bruce Huntington, 5223 NYS Route 86: How will the Zoning Board justify going beyond the 16 units? Spot zoning is when the Zoning Board changes the density. Bruce went over various rules of the Land Use Code. Feels there is control over a single family use because conditions can be made during the approval of a subdivision application. He feels the boards need to have separate legal counsels.

Mary Lou Moore, Quaker Mt. Rd.: She loves Wilmington and the beach is a favorite spot. She thinks we should stick with the code. She is not convinced about the Storm Water Management Plan.

Sarah Adams, Lakeview Terrace: She has been here since the mid 70’s. She would like to see development that follows the guidelines. We are not the same as other communities. She is asking that the board not approve the development. The developer bought property; not waterfront property.

Matt Dempsey, Haselton Road: He would propose to put this on a referendum for town vote. He is personally against the variance. Alicia informed him that this is not an option.

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Kent Adams, Lakeview Terrace: He has been here since the early 70’s and is not opposed to development in Wilmington. We need development but do we need it at the beach so that the developer can make more money? Can I change the density of my own property so I can make more money? He has a problem with condos and does not understand why townhouses cannot be converted into condos. What will stop them from doing that? If so they will save a lot of money on taxes. The developer will be encouraged to sell condos.

Guy Stephenson, 5582 Route 86: Has lived his whole life within 500’ of this project. Feels the developer should be held to the allowable density of the property. Is concerned over the effect on the beach area how it will affect activities at the beach. Does not want to see anything restrict the use of the beach area.

Elizabeth Adam, Lakeview Terrace: Does not mind seeing the beach development within the limitations set by the Land Use Code. People live outside of Lake Placid for a reason. She sees only a very limited amount of work for the area on the project. She further thinks there are few locations that people can walk to from that development.

Scott Hall, Route 86: Does not live here but owns land here. Feels 27 units is too much for that property and the project should stay within the recommended guidelines as they are right now.

Bill Waldy, 5647 Route 86: It is important to pass this variance. 27 units are better than 16. He loves Wilmington but feels that it is very depressing and the town needs a facelift and this project is what we need. The beach is depressing because it is in such need of repair. Feels this will make the beach a much nicer place.

Kathy Daggett, 484 Hardy Road: Developing the Town Center is very important. We are talking about developments for outsiders. This happened in Lake Placid and the properties are empty a good share of the time. It does not make sense to make a development that people do not live in full time. She feels they should make something for full time residents. She would want the back yard to be full of trees to separate them from the beach.

Alicia Armstrong thanked the audience for giving their opinions. The board needs to take into consideration the inconsistencies of the Land Use Code. The town attorney has advised the board to take each application on its own merit.

Motion to close the public hearing at 8:39 pm. by Jerry Bottcher, seconded by Tom Hinman; carried unanimously.

REGULAR MEETING CALLED TO ORDER AT 8:41 P.M.

ACCEPTANCE OF MINUTES OF THE JANUARY MEETING.
Motion to accept by Bob Girardin, seconded by Jerry Bottcher; carried unanimously.

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OLD BUSINESS
Public hearing for Lighthouse Baker rescheduled for the March 10th meeting.

ANNOUNCMENTS
*The March meeting has been re-scheduled to March 10th at 7 p.m. at the Community Center.

*Reminder: Elan consultant meeting will be 2/24 at 1 p.m. at the Community Center.

ADJOURNMENT-Motion by Jim Carmelitano, seconded by Tom Hinman at 8:42 p.m.

1-20-10

2010-01-25T10:35:00.000-05:00

Wilmington Zoning Board of Appeals
January 20, 2010
7 P.M.

Board members present: Alicia Armstrong, Tom Hinman, Jerry Bottcher, Bob Girardin and Jean Baker.

Public present: Bob Guynup, Steve Corvelli, John Lafferty, Bob Chester, Yvonne Farmer, Paul Wos, Larry Hegele, Al Armstrong, Sylvia Mustelier, Jean Cavallero, Harriet Adams, Ron & Barb Keegan, Bob Peters, Tina Preston, Kent Adams, Dick Sampson and guest, Peter & Mary AnnYuro, Lisa Dyslin, Craig Sutliff, Kate Santerre, Al Armstrong, Tim Follos, Reporter and Shirley Lawrence.

PUBLIC HEARING-BOB CHESTER-FOX FARM RD-APPLICATION FOR A SETBACK VARIANCE
*Public Hearing called to order at 7:01 p.m.
*There were no questions from the public.
*The driveway will be curved as previously discussed.
*The house would be 132’ from Fox Farm Road.
*The septic will be in the front of the house.
*There are no plans for a deck on the house.
*The board received three letters responding to the mailing
*Richard Nagamine (KOA)-Would like the applicant to stay within the 150’ setback.
*Mike Devlin-Is in favor of the application.
*Tony Nickinello-Would like the board to require screening from his property.
*The project would start in the spring with estimated completion being within a year.
*Public hearing closed at 7:08 p.m.
*Motion presented by Jerry Bottcher to approve the application as proposed; seconded by Tom Hinman; carried unanimously.

REGULAR MEETING CALLED TO ORDER AT 7:09 p.m.

ACCEPTANCE OF MINUTES-DECEMBER 19, 2009 MEETING
*Motion to accept by Jerry Bottcher, seconded by Bob Girardin; carried unanimously.

NEW BUSINESS
*Application by Lighthouse Bakery for a Conditional Use Permit to operate business formerly called John’s Grill at the Evening Hatch.

*Kate Santerre wishes to operate a bakery.
*Jan Betters is the landlord.
*Public hearing was set for Februrary 17th @ 7 p.m.; location to be determined.
*Kate may continue to operate her business until the public hearing.

OLD BUSINESS
Bowman Lane Development Update

*The Board reviewed the AES 1/18/2010 update with Paul Wos.
*Items 1,2,5,7 and 8 are Planning Board issues.
*Items 3, 4 & 6 will be addressed by First Columbia.

*At this time the board needs to determine if the application is complete.
*Jerry Bottcher had Paul Wos review the location of the buildings and the setbacks with the board.
*The SWMP will hand the run off.
*There will be 2 parking spaces for each unit.
*There are 3 different landscaping plans for the buildings.
*Paul Wos volunteered to stay after the meeting to speak with anyone who has questions.
*Jerry Bottcher suggested that the board walk to property.
*Lisa Dyslin thought this was a good idea.
*Ron Keegan stated that he had things he would like to talk about in regards to the development.
*Larry Hegele noted that he had had no response from his letter to the boards. Alicia stated that the letter would be a part of the public hearing.
*It was decided to have two board members walk the property with Paul Wos and anyone else that was interested. The time was set for 10 a.m. on Feburary 2nd with an alternate date of February 9th at 10 a.m. The reporter will advertise in the paper and Steve Corvelli volunteered to post around town so residents will be aware of the walk.

*Motion was presented by Jerry Bottcher to consider the application by First Columbia to be a complete application, seconded by Tom Hinman; carried with 4 yes votes and 1 abstaining vote by Bob Girardin.

*Public hearing was set for February 17th at Whitface if we can use the facility.

Announcements
Zoning Ordinance Update.
*Two hours were spent talking about signage.
*The next meeting will be February 24th @ 1 p.m.

APA Local Government Day
*Will be held March 23rd and 24th in Lake Placid.

*Alicia Armstrong distributed a Public Hearing Format for the Bowman Lane Project.

*Meeting adjourned at 8:10 pm upon a motion by Jerry Bottcher.

12-16-09

2009-12-16T13:08:00.000-05:00

Wilmington Zoning Board of Appeals
Regular Monthly Meeting
December 16, 2009

Board members present: Alicia Armstrong, Jerry Bottcher, Herb Crispell, Bob Girardin and Tom Hinman .

Others present: Robert Guynup, Steve Corvelli, Randy Preston, Debbie Boyce, Larry Hegele, Ginny Crispell, Paul Wos, Guy Stephenson, Bob Chester, Michelle Burns, Bob Peters, Wayne Ryan and Shirley Lawrence.

PUBLIC HEARING –DEBBIE BOYCE FOR BARBARA MULVEY-APPLICATION FOR A CONDITIONAL USE PERMIT-TIMBER HARVEST.

CALL TO ORDER at 7:03 by Chairperson Alicia Armstrong.
*They are presently cutting up to 25 acres.
*Property is approximately 130-140 acres.

*Motion was presented to approve the application as presented by Jerry Bottcher, seconded by Tom Hinman; carried unanimously.

Public hearing closed at 7:05 p.m.

REGULAR MEETING CALLED TO ORDER AT 7:06 P.M.

APPROVAL OF MINUTES
*Motion to approve November 18, 2009 minutes presented by Jerry Bottcher, seconded by Tom Hinman; carried unanimously.

NEW BUSINESS-Variance Application by Bob Chester-Fox Farm Rd.
*Application is for a variance of the setback from the scenic corridor.
*Wishes to construct a 24’ x 48’ private dwelling.
*Has no plans for a garage.
*Building would be 132’ from Fox Farm Road.
*The possibility of a deck was discussed.
*It was recommended that the drive be curved.
*The house will be rented out for two or three weeks each year.
*Bob Guynup suggested the County be contacted regarding the driveway cut.
*There are concerns over screening by the neighbors.
*Public hearing was set for January 20, 2010.

OLD BUSINESS-Bowman Lane Subdivision-First Columbia
*AES representative Wayne Ryan gave an update
*The second review has been done and most concerns have been addressed by Paul Wos.
*A new plan has been submitted tonight and will need to be reviewed.
*There are still issues that need to be addressed. Paul Wos feels these need to be discussed with the Planning Board. He stated that they are willing to do whatever the town requires. Landscaping is one issue.
*They can have a plan available within thirty days.
*The town would require a copy of the HOA requirements.
*Alicia read a reply from First Columbia. This will have to be reviewed by the Town attorney.
*The board would need certification that the Stormwater Management Plan meets DEC standards.
*Wayne Ryan will email to Paul Wos a list of items that need to be cleared up or are outstanding.
*Jerry Bottcher questioned if anything could run off into the river. Wayne Ryan stated that the DEC regulations comply with the Water Quality Plans. There should be no issues because they are complying with the guidelines. ‘

ANNOUNCMENTS
*The next Elan consultant meeting will be held on January 13, 2010.
*The committee has been going over definitions.
*They have set aside one meeting strictly to discuss signage.
*They have reviewed general conditions.
*Randy Preston felt the process will take at least a year.

DISCUSSION
*Larry Hegele questioned if this was a “no comment” meeting.
*Alicia stated that the board will not ask for questions or comments until they have a completed application.
*Bob Girardin questioned this decision and wanted individual board members ideas.
*Herb Crispell felt there should be a sign-up sheet and a limited time for speaking.
*Jerry Bottcher feels there should be open honest discussions at any time as long as it is
not prohibited by law.
*Tom Hinman feels the board needs to have answers to give before asking for questions from the public.
Also that there needs to be control at the meetings.
*Alicia Armstrong feels the board is open to the community and citizens are free to ask question of the
board at any time.
*Bob Peters gave a review of how the Planning Board conducts their meetings.
*Paul Wos offered to answer questions from anyone at anytime.
*Ginny Crispell spoke regarding how she was taught to conduct a public meeting.

ADJOURNMENT
Meeting adjourned at 8:20 p.m. upon a motion by Jerry Bottcher, seconded by Bob Girardin and carried unanimously.

11-18-09

2009-11-19T09:05:00.000-05:00

Wilmington Zoning Board of Appeals
Regular Monthly Meeting
November 18, 2009

Board members present: Alicia Armstrong, Jerry Bottcher, Jean Baker, Herb Crispell, Bob Girardin and Tom Hinman .

Others present: Robert Guynup, Steve Corvelli, Randy Preston, Debby Boyce, Bob & Sue Hockert, Larry Hegele, Ginny Crispell, Nancy Gonyea, John Lafferty, Harriett Adams, Tony Nickinello, Bruce Huntington, Paul Wos, John Lafferty, Sylvia Mustelier, Gail Mitchell Tom Bradshaw, Jean Cavallero, Peter Yuro, Meg Humphreys, Nancy Humphreys, Janie Schoetz, Scott Allen, and Shirley Lawrence.

PUBLIC HEARING –SUSAN HOCKERT-APPLICATION FOR A CONDITIONAL USE PERMIT.
CALL TO ORDER at 7:00 by Chairperson Alicia Armstrong.
*Wishes to locate her insurance office in the building previously occupied by the Adirondack Federal Credit Union.
*Sylvia Mustelier questioned why the board was now granting a permit for something that was already in place.
*Susan stated that she was unaware of the permit process at the time she moved in.
*There were no comments from the Zoning Board.
*Motion was presented to approve the application as presented by Herb Crispell, seconded by Jean Baker and carried unanimously.

Public hearing closed at 7:03 p.m.

PUBLIC HEARING DEBORAH BOYCE FOR ANTHONY NICKINELLO-APPLICATION FOR A CONDITIONAL USE PERMIT-FOX FARM ROAD-TIMBER HARVEST.

Public hearing called to order at 7:04 p.m.
*The board has received six letters in favor of the project.
*Bruce Huntington stated that he was in favor of the project.
*Debby Boyce reviewed the project again for the benefit of the board members that were not present at the original meeting.
*Motion was presented to approve the application as presented by Jerry Bottcher, seconded by Bob Giradin and carried unanimously.
*Public hearing closed at 7:06

PUBLIC HEARING-DEBORAH BOYCE FOR RICH RUSCICA-APPLICATION FOR A CONDITIONAL USE PERMIT-1337 BONNIEVIEW ROAD-TIMBER HARVEST.
*Meeting called to order at 7:07 pm.
*The landing will be in the field and not visible from the road.
*Bob Guynup had concerns over the mud in the road at the McDonald residence. Deborah Boyce stated that if it becomes a problem, it will be fixed upon request.
*The project will be done before spring.
*Motion was presented to approve the application as presented by Jerry Bottcher, seconded by Bob Girardin, carried unanimously.
*Public heaing closed at 7:09 pm.

REGULAR MEETING CALLED TO ORDER AT 7:10 P.M.

APPROVAL OF MINUTES
*Motion to approve October 21, 2009 minutes presented by Jerry Bottcher, seconded by Tom Hinman; carried unanimously.

NEW BUSINESS-Conditional Use Permit-Barbara Mulvey Property-Timber Harvest.
*The property is 130-140 acres.
*Would remove only a few trees along the roadway into the property.
*Public hearing set for December 16th; location to be determined.

BOB CHESTER-FOX FARM ROAD-VARIANCE FROM SCENIC CORRIDOR SETBACK.
*Applicant was not present.
*Property is a one acre parcel across from the KOA.
*Needs a 10-20 foot relief from the setback requirement on Fox Farm Road.
*Wishes to construct a single family dwelling.
*Will be discussed at the next meeting.

OLD BUSINESS-Bowman Lane Subdivision-First Columbia
*AES representative Scott Allen gave an update
*They have reviewed the project and provided written comments. They have met with the applicant and gone over the comments. The applicant has responded to the comments and another written review will be provided.
*Scott felt that the application would possibly be complete by the next Zoning Board meeting and that a public hearing might be scheduled for the January meeting.
*The plans will be available for review in Bob Guynup’s office.
*The application will be reviewed at the December 16th meeting.

ANNOUNCMENTS
The next Elan consultant meeting will be held on December 19th.

ADJOURNMENT
Meeting adjourned at 7:40 p.m. upon a motion by Jerry Bottcher, seconded by Bob Girardin and carried unanimously.

10-21-09

2009-10-21T14:40:00.000-04:00

Wilmington Zoning Board of Appeals
Regular Monthly Meeting
October 21, 2009

Board members present: Alicia Armstrong, Jim Carmelitano, Jerry Bottcher, Jean Baker and Tom Hinman . Tom Hinman started the meeting as a member of the audience presenting his application for a conditional use permit.

Others present: Robert Guynup, Steve Corvelli, Randy Preston, Debby Boyce, Bob & Sue Hockert, Michelle Burns, Tina Preston, Al Armstrong and Shirley Lawrence.

PUBLIC HEARING –TOM HINMAN APPLICATION FOR A CONDITIONAL USE PERMIT.
CALL TO ORDER at 7:00 by Chairperson Alicia Armstrong.
*Wishes to have a tanning salon and fitness center.
*Property is located at 5722 NYS Route 86.
*There is room for 10 cars in the front and 4 in the back.
*Tom will be the landlord; not a principal in the business.
*Five letters were received from the neighbors; all in favor of the project; 25 were sent out.
*There will be three rooms; tanning area, workout area, jewelry and UPS area.
*Signage will be similar to the post office sign.
Audience comments:
*Randy Preston stated that it is good that the business is expanding and questioned if the name would now be triple T.
*Steve Corvelli stated that his only questions in regards to parking had been explained.
*Motion to approve the application as presented made by Jerry Bottcher, seconded by Jean Baker; carried with all in favor.

Public hearing closed at 7:26 p.m.

Tom Hinman joined as a member of the board.
REGULAR MEETING CALLED TO ORDER AT 7:31 P.M.

APPROVAL OF MINUTES
*Motion to approve September 16, 2009 minutes presented by Jerry Bottcher, seconded by Jim Carmelitano; carried unanimously.

OLD BUSINESS-Bowman Land Development
*The application has been accepted.
*The engineer has reviewed the plans.
*Application will be discussed at the November 18th meeting.

NEW BUSINESS
Susan Hockert-Conditional Use Permit-Insurance Agency
*She wishes to locate here insurance business in the building previously occupied by the Federal Credit Union.
*She would offer all types of insurances as well as investments.
*Public hearing set for November 18th.

Deborah Boyce for Anthony Nickinello-Conditional Use-Timber Harvest
*Timber harvest would be on Fox Farm Rd.; approximately 100 acres across from the KOA.
*They would use the existing driveway.
*Wish to remove dead trees during December and January.
*Logging would be done by Mike Ward.
*The debris will be chipped.
*Project would be done in 4-5 weeks.
*Public hearing set for November 18th.

Deborah Boyce for Rich Ruscica-Conditional Use-Timber Harvest on Bonnieview Road
*Would use driveway there as well as landing; it would not be seen from the road.
*Would be thinning out white pines on 134 acres.
*Public hearing set for November 18th.

Discussion-Bowman Land Development
*The board wishes to know what the engineers have to say before a public hearing.
*The developers should be encouraged to present a completed application at the November meeting with the possibility of a public hearing in December.

ADJOURNMENT
Meeting adjourned at 7:45 p.m. upon a motion by Jerry Bottcher, seconded by Jim Carmelitano and carried unanimously.

9-16-09

2009-09-16T14:00:00.000-04:00

Wilmington Zoning Board of Appeals
Regular Monthly Meeting
September 16, 2009

Board members present: Alicia Armstrong, Jim Carmelitano, Jerry Bottcher, Jean Baker, Bob Girardin, Tom Hinman and Herb Crispell.

Others present: Robert Guynup, Steve Corvelli, Jessica Mulvey, Paul Wos, Randy Preston, Nancy Gonyea, Tom & Gail Mitchell, Sylvia Mustelier, Harriet Adams, Michelle Burns, Pete and Mary Ann Yuro and Shirley Lawrence.

PUBLIC HEARING –JESSICA MULVEY APPLICATION FOR A CONDITIONAL USE PERMIT.
CALL TO ORDER at 7:00 by Chairperson Alicia Armstrong.
*Application is for a seasonal vegetable and handicraft market.
*The board is in receipt of one letter in favor of the project.
*Motion was made to approve the application as presented by Bob Girardin; seconded by Tom Hinman; carried with all in favor.
Public hearing closed at 7:01 p.m.

REGULAR MEETING CALLED TO ORDER AT 7:02 P.M.

APPROVAL OF MINUTES
*Motion to approve August 19, 2009 minutes presented by Jerry Bottcher, seconded by Jim Carmelitano; carried unanimously.

OLD BUSINESS-None

NEW BUSINESS-Conditional Use Permit application for Tom Hinman.
*Tom Hinman excused himself from board discussion.
*Wishes to build a 20x30 addition on the front cabin.
*This will be a commercial building for T&T Tanning.
*The unit is presently empty.
*The unit has sewer and water.
*Public hearing was set for October 21st.

FIRST COLUMBIA-BOWMAN LANE PROJECT-PAUL WOS
*Application for a conditional use permit and area variance for 27 town house units on 7.8 acres on Bowman Lane.
*Paul Wos reviewed the plans for the project with the board..
*The first building will be 300’ from the beach-450’ from the water.
*There is natural screening; they are willing to add more if necessary.
*Plantings will be provided for areas that are cleared.
*A full set of plans will be available by Friday to submit to the town engineer/AES Northeast, PLLC.
*The Stormwater Management Plan has not changed and has been approved by the APA.
*Department of Health standards have to be met in regards to the septic.
*Each building will consist of two three bedroom units and one two bedroom unit. (total of 72 bedrooms)
*The sidewalks would be redone and Bowman Lane would be repaved, probably towards the end of the whole project. There will also be new lighting.
*The project would be done in phases, keeping one building ahead.
*The idea is to attract young families and second home owners that will not be full time residents.
*Bedrooms will be downstairs with the living area upstairs.
*There will be a homeowners association.
*The interior roads will be named.
*The HOA will contract out the maintenance jobs.
*Clearing and landscaping will be done as the project progresses.
*Hope to sell the two bedrooms @ $250,000 to $275,000 and the three bedrooms @ $300,000 to $325,000.
*Jean Baker had some concerns over Bowman Lane being accessible to the beach. There is a possibility of Bowman Lane being taken over by the Town.
*The town would realize $3600 to $4300 a year in taxes.
*Paul Wos would like to have his engineer sit down with the town engineer to review the project.
*Heat will be propane in each building.
*There will be five hydrants with an 8” water main.

*Paul Wos thanked everyone for their support during his recent illness.

Announcements:
Zoning Ordinance Update by Alicia.
Next meeting 9/22 @ 9 a.m.-Group homework assignments re: dimensional Regulations.
Next Elan consultant meeting- 10/8 @ noon.

Motion to adjourn at 7:50 p.m. by Jerry Bottcher, seconded by Tom Hinman; so carried.

ANNOUNCEMENTS
*Land Use Code Revision meeting will be on September 25th at 9 a.m.
*Alicia gave update on the last meeting.
*Meetings are not open for discussion for anyone other than the committee but people can observe.
*Training by the NY Planning Federation on the 13th through the 15th in Lake Placid.
*Four hours of training are required by the zoning board members each year.

ADJOURNMENT
Meeting adjourned at 7:30 p.m.

8-19-09

2009-08-19T13:59:00.000-04:00

Wilmington Zoning Board of Appeals
Regular Monthly Meeting
August 19, 2009

Board members present: Alicia Armstrong,, Jim Carmelitano, Jerry Bottcher, Jean Baker, Bob Girardin, Tom Hinman and Herb Crispell.

Others present: Robert Guynup, Steve Corvelli and Jessica Mulvey.

CALL TO ORDER at 7:04 by Chairperson Alicia Armstrong.

APPROVAL OF MINUTES
*Motion to approve July minutes presented by Bob Girardin, seconded by Jim Carmelitano; carried unanimously.

OLD BUSINESS-None

NEW BUSINESS-Jessica Mulvey
*Wishes to reopen a farm stand on Route 86.
*Will be buying articles from other people for sale.
*Would eventually like to have some temporary structures.
*Would be seasonal from May to December.
*Hours would be 10-5, Thursday – Sunday.
*The building on site is a permanent building.
*There is parking for 5 or 6 vehicles.
*The tent houses an on-going yard sale.
*Jerry Bottcher stated his favorable opinion of a project like this because of the lack of locally grown items for the restaurant industry.
*Public hearing date was set for September 16, 2009.

ANNOUNCEMENTS
*Land Use Code Revision meeting will be on September 25th at 9 a.m.
*Alicia gave update on the last meeting.
*Meetings are not open for discussion for anyone other than the committee but people can observe.
*Training by the NY Planning Federation on the 13th through the 15th in Lake Placid.
*Four hours of training are required by the zoning board members each year.

ADJOURNMENT
Meeting adjourned at 7:30 p.m.

7-15-09

2009-07-15T13:58:00.000-04:00

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.

6-17-09

2009-06-17T13:56:00.000-04:00

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.

5-20-09

2009-05-20T14:32:00.000-04:00

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.

4-15-09

2009-04-15T19:00:00.000-04:00

Wilmington Zoning Board of Appeals
Regular Monthly Meeting
April 15, 2009

Present: Tom Hinman, Robert Girardin, Jim Carmelitano, Jerry Bottcher, Alicia Armstrong, Aldo Aquino, Robert Guynup, Steve Corvelli, Cameron Grady, Mary & Gary Grady, Bill and Alex Parish, Matt & Dorene Dempsey, Bob & Nancy Cressey, Randy Preston, Ceil Stephenson, Mark Holzer, Al Armstrong, Jessica Ano, Debbie Boyce, Pamela McDonald, Dave Wainwright, Gary Follos, Brigette Levitt, Kent Stephenson, Peter Coffrin and Shirley Lawrence.

PUBLIC HEARING-CAMERON GRADY-to operate a repair shop at 1264 Haselton Rd.
CALL TO ORDER-7:05 p.m. by Chairman Tom Hinman
*Seeking a variance from the 200’ setback from residential use.
*Bob Girardin asked if it would be a hardship for Cameron if his application was denied. Cameron stated that it would, since this is how he supports his family.
*Cameron explained that he wishes to do light duty repairs and vehicle maintenance.
*There would be no vehicle storage, no wrecks and no towing. He might occasionally have a personal vehicle for sale.
*No signage.
*He will basically be taking care of his present customers.
*His garage is behind his house and has two bays.
*Cameron has spoken with the nearest neighbor, Steve Bruce and has agreed to a privacy fence.
*Bob Guynup has talked with the town attorney and was informed that a variance was the correct action to be taken.
*Alex Parish was concerned about the economic impact this would have on other properties in the area. He noted that the Cresseys are trying to sell and move.
*Bill Parish felt that the project would not do anything good for the neighborhood.
*Bob Guynup noted that the board has previously been instructed by the town attorney to judge each application on its own merit.
*Mark Holzer spoke in favor of the application stating that this is also a hardship on the local people that depend on Cameron to work on their vehicles.
*Cameron stated that there are hedges on 3 sides of the property and he plans on installing a lattice fence so that cars will not be seen. He is hoping to have vehicles that are on the lot no more than two days.
*Dorene Dempsey questioned the code violations on the previous garage that Cameron operated. It was explained that there were not code violations but misunderstandings. Cameron left that building because of misunderstanding with his landlord.
*Bob Cressey spoke stating that they are moving but not because of this project. Their concerns were noise, number of cars and the possibility of oil, etc. running into the river. There was also concern over the economic impact and if it would be detrimental to the sale of their house.
*Matt Dempsey questioned if anyone had taken into account the economic impact and the possible depreciation of adjoining property owners. The board stated that they had not studied this.
*There was some discussion by the board of having a condition that vehicles waiting to be worked on be parked in back of Gary Grady’s house. Bob Guynup felt this would not be a logical condition since there is a possibility that Gary could sell his house at any time.
*Randy Preston spoke in favor of granting the permit.
*Brigette Levitt spoke in favor of granting the permit.
*Ceil Stephenson spoke in favor of the project.
*Public hearing closed at 8:15 p.m. upon a motion by Aldo Aquino, seconded by Jim Carmelitano; carried unanimously.

Motion presented by Robert Girardin to approve the application presented by Cameron Grady to operate a repair shop at 1264 Haselton Road with the following conditions:
1. Installation of a lattice fence to complete a screened in area.
2. No more than 4 cars to be repaired on site within the screened in area (3 outside, 1 inside the garage).
3. No signage except the NYS Repair shop sign on the building.
4.No storage vehicles.
5. Hours of operation from 8 a.m. – 5 p.m., Monday – Friday.
6. Used oil will be stored inside.

Motion seconded by Aldo Aquino; carried with all in favor, none opposed.

PUBLIC HEARING-WFE VENTURES-JOHN BLISS ROAD-PETER COFFRIN
*Public hearing opened at 8:30 p.m.
*Lot 1 would require a 25’ variance.
*Lot 2 would require a variance from the scenic corridor setback.
*A different map was presented than the original project map.
*There was some discrepancy over the map approved by the APA and the map being submitted to this board.
*The board felt Peter needed to go back to the APA for further clarification.
*Dave Wainwright felt the house should be designed to fit the property size.
*The board instructed Peter to go back to the APA for clarification.
*Jerry Bottcher presented a motion to continue the hearing on May 20th; seconded by Robert Girardin; carried with all in favor.

NEW BUSINESS-Debbie Boyce, North Woods Forest Consultants presented an application to log on property owned by Pamela McDonald.
*A Conditional Use Permit is required because there is over 25 acres involved.
*They will be doing selective cutting to get rid of dead trees.
*Mike Ward will be doing the cutting.
*Public hearing was set for May 20th.

Gary Follos-Application for a variance for single family dwelling on a .7 acre lot on Haselton Road.
*Public hearing set for May 20th.

Meeting adjourned at 9:30 pm.

3-11-09

2009-03-11T19:00:00.000-04:00

Wilmington Zoning Board of Appeals
Regular Monthly Meeting
March 11, 2009

Present: Tom Hinman, Robert Girardin, Jim Carmelitano, Jerry Bottcher, Alicia Armstrong, Aldo Aquino (left early), Robert Guynup, Steve Corvelli, Cameron Grady, Steve Bruce, Gerald Bruce, Don Bowen, Bill and Alex Parish, Matt & Dorene Dempsey, Peter Coffrin and Shirley Lawrence.

PUBLIC HEARING-CAMERON GRADY-to operate a repair shop at 1264 Haselton Rd.
CALL TO ORDER-7:04 p.m. by Chairman Tom Hinman
*Cameron explained that he wishes to do light duty repairs and vehicle maintenance.
*There would be no vehicle storage, no wrecks and no towing. He might occasionally have a vehicle for sale.
*No signage.
*He will basically be taking care of his present customers.
*His garage is behind his house and has two bays.
*He would have a maximum of five cars. They would be parked next to the drive and by the garage.
*Nearest neighbor is Steve Bruce and is 80-100’ away.
*Jerry Bottcher felt there was a real concern over the number of cars in the available area.
*Matt Dempsey quoted the Land Use Code stating that this type of business needed to be 200’
from any residential use.
*Steve Bruce is within 100’ of the property and is not in favor of the project.
*Deliveries would be minimum (Interstate Batteries-once a month and NAPA occasionally.
*Used oil would be stored in one barrel outside of the garage and taken to AK Auto when full.
*Jerry Bottcher stated that if there was an approval there would be conditions.
*Cameron Grady is willing to address all concerns.
*Photos of the present property were reviewed by the board and explained by Cameron.
*Matt Dempsey stated that when Randy Preston was granted a permit for his repair service, the board
had stated that his was the only business of this type that would ever be allowed in the area.
*Dorene Dempsey does not feel that there is sufficient parking area for the cars. She further stated that there are usually 4-6 cars there now. Cameron explained that they are personal cars (his and his parents) and are parked differently now because of mud season.
*Discussion was held on selling of used cars. Bob Guynup noted that anyone can put a car out with a for sale sign on it without being in violation.
*Matt Dempsey asked for a ruling on the 200’ from a residence issue.
*It was determined that Cameron would also require a variance application before any action can be taken.
*Matt Dempsey questioned the role of the board and Jerry Bottcher read him excerpts from the Land Use Code explaining the Board’s role.
*Bob Guynup asked permission to contact the Town Attorney with questions. The board agreed that this would be ok.
*Public hearing for a variance was scheduled for April 15th
*Public hearing closed at 8:07 p.m. upon a motion by Robert Girardin, seconded by Alicia Armstrong; carried unanimously.

NEW BUSINESS
WFE Ventures-56 acres on John Bliss road owned by Joan Friedman; represented by Peter Coffrin.
*Peter Coffrin explained the project to the board.
*There is a network of roads on the property. The property has been previously logged.
*Property is in R-3 district.
*There are a couple of streams that run through the property.
*There are wetlands that have been isolated and will be retained by the owner.
*APA has submitted a letter of non-jurisdiction.
*The test holes have been done.
*Need a variance for rear setbacks on lots 1 and 2 to stay out of the scenic corridor.
*Peter still needs to get permits from the DOH. Applications have been submitted.
*Discussion was held on hiring an engineer to review the project.
*Peter informed the board that there will be extensive covenants on the property.
*Public Hearing was schedule for April 15th.

*Meeting adjourned at 8:42 p.m.

02-18-09

2009-02-18T16:45:00.000-05:00

Wilmington Zoning Board of Appeals
Regular Monthly Meeting
February 18, 2009

Present: Tom Hinman, Robert Girardin, Jim Carmelitano, Jerry Bottcher, Alicia Armstrong, Robert Guynup, Steve Corvelli, Cameron Grady, Randy Preston and Shirley Lawrence.

CALL TO ORDER-7:05 p.m. by Chairman Tom Hinman

NEW BUSINESS
Cameron Grady-Application for a Conditional Use Permit to operate an auto repair shop at his
Home at 1264 Haselton Road.
*He has a one stall garage that has room for two cars.
*His setback is approximately 100 ft from Haselton Rd.
*The property is located in the Village Center.
*Jerry Bottcher questioned where the water from the storm drain went. It was determined that it
eventually went into the river.
*Cameron has parking space for at least 5 vehicles.
*He would not be selling cars.
*His only waste material is used oil which goes to AK Auto for his furnace and antifreeze which is picked up and disposed of by a third party.
*Most of the repair work would be done inside the garage; the most that would be done in the drive might be changing a tire.
*Jerry informed Cameron that he board might need to impose conditions depending on the input from the neighbors.
*Steve Corvelli questioned the hours of operation. Cameron would like to operate from 8-4:30 five days per week.
*The only sign that Cameron wishes to have is the registered sign which would be located on the building.
*There are no plans for storage of vehicles.
*Cameron would be agreeable to a limit of 4-5 cars.
*Public hearing was set for March 11, 2009 at 7 pm
*Randy Preston informed the board that Tom Hinman, Bob Peters and he had talked about sending an information letter with a self-addressed, stamped envelope for return to the board with comments from the adjoining property owners rather than sending notices return receipt. The board agreed to try this. Bob Guynup will prepare the letter; Shirley will make labels for adjoining property owners and the applicant will provide the envelopes and the stamps. The returns will be addressed to the Town and someone from the Town or the Zoning Board will compare the letters sent to the list and deliver them to the post office for mailing.
*Bob Guynup informed the board that Bruce Gowan had bought the Mason property and wanted to build on the property that had burned a few years ago. Bob informed him that this was not possible.

*Meeting adjourned at 7:48 p.m.

12-17-08

2008-12-17T16:42:00.000-05:00

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