3-10-10

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
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*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
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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.

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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
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*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?
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*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.
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Zoning Board of Appeals
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*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

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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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

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

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

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

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

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.