MINUTES OF THE April 23, 2015 MILFORD ZONING BOARD OF APPEALS
The April 23, 2015 meeting of the Milford Zoning Board of Appeals was called to order by Chairman Al Bullard at 7:00 pm. Members present were Al Bullard, Art Henry, Marcia Membrino, Ryan Naatz and Jim Forbes. Also present: Town Attorney Michelle Kennedy, ZEO Barbara Monroe, Norman Janelle, Sharon Gonser and Julia Torres.
Al Bullard read the public hearing notice that appeared in the Daily Star regarding an application from Sharon Gonser for an area variance at 6017 State Highway 7.
Sharon Gonser stated that she currently owns three properties at the above location. She would like to do a lot line adjustment so that she can sell two of the properties which used to be rentals. One of the current lot lines is on the septic system for the neighboring property and the reason for the other lot line adjustment is so that she will have access to the back property where she currently lives. She is asking for a half size reduction in one lot to add to the top lot and two tenths of an acre adjustment on the other lot so that the septic is on the same lot as the house. The problem is that the proposed lot line adjustment will make a current non-conforming lot more non-conforming. Marcia Membrino said that this is a substantial area variance request. Ryan Naatz suggested that Sharon Gonser grant an easement to herself through the current driveway and another easement in the lot with the trailer so that she has access to the doors located at the end of the trailer. Al Bullard asked for comments from the neighbors. Norman Janelle was the only neighbor present and he stated that he was not opposed to the area variance.
Michelle Kennedy asked if an undesirable change will be produced in the character of the neighborhood or if a detriment to nearby properties will be created by the granting of the area variance. After discussion, it was determined that it would not. Michelle Kennedy asked if the benefit sought by the applicant can be achieved by some other method which will be feasible for the applicant. Marcia Membrino said that it could be achieved by the Zoning Board granting the minimal area variance as stated in the zoning law and by easements being granted. No: Jim Forbes, Art Henry, Al Bullard and Ryan Naatz. Michelle Kennedy asked whether the requested area variance is substantial. After discussion it was determined that it is substantial. Michelle Kennedy asked whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood. Yes: Marcia Membrino and Al Bullard. No: Jim Forbes, Ryan Naatz, Art Henry. Marcia said that it would have a physical impact on the neighborhood because it would be setting a precedent. Michelle Kennedy asked if the alleged difficulty is self-created. Marcia Membrino said that as the application was presented—yes. Jim Forbes said that it was not self-created as the property was inherited with the property lines in place. Marcia Membrino said that there is another solution—that an easement be granted so there is access to the top property and another easement is granted above so that Sharon Gonser can make the turn to her house. Julia Torres said that the half acre that they are proposing to add to the top property is of no use to the lower property and makes the lower lot unsellable. For marketability it was proposed this way. The piece that would be added to the top property would be the only flat piece of property on that lot. The rest of the property is on a slope. Ryan Naatz made a motion to declare the application a Type II action under SEQRA and to grant the variance as presented. Art Henry seconded. No further discussion. In favor: Art Henry, Jim Forbes, Al Bullard, Ryan Naatz. Opposed: Marcia Membrino. Motion carried.
Art Henry made a motion to adjourn the meeting. Al Bullard seconded. No further discussion. All in favor. Meeting adjourned at 8:20 pm.
Respectfully submitted,
Theresa Lombardo
Secretary
__________________________________________________________________________________________________________________________________________
The April 23, 2015 meeting of the Milford Zoning Board of Appeals was called to order by Chairman Al Bullard at 7:00 pm. Members present were Al Bullard, Art Henry, Marcia Membrino, Ryan Naatz and Jim Forbes. Also present: Town Attorney Michelle Kennedy, ZEO Barbara Monroe, Norman Janelle, Sharon Gonser and Julia Torres.
Al Bullard read the public hearing notice that appeared in the Daily Star regarding an application from Sharon Gonser for an area variance at 6017 State Highway 7.
Sharon Gonser stated that she currently owns three properties at the above location. She would like to do a lot line adjustment so that she can sell two of the properties which used to be rentals. One of the current lot lines is on the septic system for the neighboring property and the reason for the other lot line adjustment is so that she will have access to the back property where she currently lives. She is asking for a half size reduction in one lot to add to the top lot and two tenths of an acre adjustment on the other lot so that the septic is on the same lot as the house. The problem is that the proposed lot line adjustment will make a current non-conforming lot more non-conforming. Marcia Membrino said that this is a substantial area variance request. Ryan Naatz suggested that Sharon Gonser grant an easement to herself through the current driveway and another easement in the lot with the trailer so that she has access to the doors located at the end of the trailer. Al Bullard asked for comments from the neighbors. Norman Janelle was the only neighbor present and he stated that he was not opposed to the area variance.
Michelle Kennedy asked if an undesirable change will be produced in the character of the neighborhood or if a detriment to nearby properties will be created by the granting of the area variance. After discussion, it was determined that it would not. Michelle Kennedy asked if the benefit sought by the applicant can be achieved by some other method which will be feasible for the applicant. Marcia Membrino said that it could be achieved by the Zoning Board granting the minimal area variance as stated in the zoning law and by easements being granted. No: Jim Forbes, Art Henry, Al Bullard and Ryan Naatz. Michelle Kennedy asked whether the requested area variance is substantial. After discussion it was determined that it is substantial. Michelle Kennedy asked whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood. Yes: Marcia Membrino and Al Bullard. No: Jim Forbes, Ryan Naatz, Art Henry. Marcia said that it would have a physical impact on the neighborhood because it would be setting a precedent. Michelle Kennedy asked if the alleged difficulty is self-created. Marcia Membrino said that as the application was presented—yes. Jim Forbes said that it was not self-created as the property was inherited with the property lines in place. Marcia Membrino said that there is another solution—that an easement be granted so there is access to the top property and another easement is granted above so that Sharon Gonser can make the turn to her house. Julia Torres said that the half acre that they are proposing to add to the top property is of no use to the lower property and makes the lower lot unsellable. For marketability it was proposed this way. The piece that would be added to the top property would be the only flat piece of property on that lot. The rest of the property is on a slope. Ryan Naatz made a motion to declare the application a Type II action under SEQRA and to grant the variance as presented. Art Henry seconded. No further discussion. In favor: Art Henry, Jim Forbes, Al Bullard, Ryan Naatz. Opposed: Marcia Membrino. Motion carried.
Art Henry made a motion to adjourn the meeting. Al Bullard seconded. No further discussion. All in favor. Meeting adjourned at 8:20 pm.
Respectfully submitted,
Theresa Lombardo
Secretary
__________________________________________________________________________________________________________________________________________
MINUTES OF THE November 20, 2014 MILFORD ZONING BOARD OF APPEALS
The November 20, 2014 meeting of the Milford Zoning Board of Appeals was called to order by Chairman Al Bullard at 7:03 pm. Members present were Al Bullard, Art Henry, Marcia Membrino and Jim Forbes. Also present: Town Attorney Michelle Kennedy, ZEO Barbara Monroe and Paul Singh.
Al Bullard read the public hearing notice that appeared in the October 30, 2014 edition of the Daily Star regarding an application from Singh and Son LLC for a variance for a lot line adjustment for the purpose of constructing a hotel at 3634 State Highway 28, Milford, tax map number: 210.00-1-63.03.
Paul Singh stated that the gas station currently consists of two lots which are .84 acres and .75 acres. The residential piece that they also own next door is .95 acres. He would like to take 1/3 acre from the back of the residential property and add it to the gas station property. The residential property is the best place for the septic. They would use the existing well that is on the gas station property and just upgrade the pump. The hotel would be a 15 unit hotel. Jim Forbes stated that he met with Paul Singh and looked over the property and told him what codes would need to be met. No money was taken for this. NYSDOH regulations state that the septic needs to be on the same property as the hotel. The soil on the current gas station property is not conducive for a septic. Marcia Membrino voiced her concerns regarding making the current residential lot, which is currently non-conforming, even more non-conforming and fears that precedence will be set. There could be other alternatives available. Paul Singh stated that the hotel will have a positive impact on the economy and the area and the positives outweigh the negative. Marcia Membrino suggested combining all three lots into one lot. Michelle Kennedy said that with all three lots combined, they still would not have enough acreage to meet the 1 acre minimum per use. Marcia Membrino suggested purchasing another piece of property and putting the hotel on that. Paul Singh stated that he does not want to purchase another piece of property away from the gas station. He asked his neighbors to purchase a piece of their property and they are unwilling to sell.
Michelle Kennedy asked if an undesirable change will be produced in the character of the neighborhood or if a detriment to nearby properties will be created by the granting of the area variance. No: Art Henry, Al Bullard, Jim Forbes. Yes: Marcia Membrino. Michelle Kennedy asked if the benefit sought by the applicant can be achieved by some other method which will be feasible for the applicant. No: Al Bullard. Yes: Marcia Membrino, Art Henry and Jim Forbes. Jim Forbes said it is subject to interpretation. The applicant has no desire to purchase another piece of property. Michelle Kennedy asked whether the requested area variance is substantial. Yes: Al Bullard, Marcia Membrino. No: Art Henry and Jim Forbes. Michelle Kennedy asked whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood. No: Jim Forbes, Art Henry, Al Bullard. Yes: Marcia Membrino. Marcia said that it would have a physical impact on the neighborhood because it would be setting a precedent. Michelle Kennedy asked if the alleged difficulty is self-created. Yes: Marcia Membrino, Art Henry, Marcia Membrino, Jim Forbes.
Jim Forbes made a motion to declare the action as a Type II action under SEQRA and to declare the Town of Milford ZBA as lead agency. Art Henry seconded. No further discussion. All in favor. Motion carried.
Paul Singh stated that they really care about the community and have been helping the community in many different ways. The economic benefit will help the local restaurants and other area businesses.
Michelle Kennedy said that the application is distinguishable if the owner occupies and operates the business—circumstances which haven’t been seen before.
Jim Forbes stated that he has not been retained by the Singh’s or promised employment by them. Paul Singh confirmed that they have spoken to many engineers and have not made a decision yet on who they are hiring for the project.
Marcia Membrino made a motion to deny the application based on the previous discussion and comments. There was no second. The motion was lost. Art Henry made a motion to grant the variance. Jim Forbes seconded. No further discussion. In favor: Al Bullard, Art Henry and Jim Forbes. Opposed: Marcia Membrino. Motion carried.
Art Henry made a motion to adjourn the meeting. Al Bullard seconded. No further discussion. All in favor. Meeting adjourned at 8:00 pm.
Respectfully submitted,
Theresa Lombardo
Secretary
___________________________________________________________________________________________________________________________________________________
The November 20, 2014 meeting of the Milford Zoning Board of Appeals was called to order by Chairman Al Bullard at 7:03 pm. Members present were Al Bullard, Art Henry, Marcia Membrino and Jim Forbes. Also present: Town Attorney Michelle Kennedy, ZEO Barbara Monroe and Paul Singh.
Al Bullard read the public hearing notice that appeared in the October 30, 2014 edition of the Daily Star regarding an application from Singh and Son LLC for a variance for a lot line adjustment for the purpose of constructing a hotel at 3634 State Highway 28, Milford, tax map number: 210.00-1-63.03.
Paul Singh stated that the gas station currently consists of two lots which are .84 acres and .75 acres. The residential piece that they also own next door is .95 acres. He would like to take 1/3 acre from the back of the residential property and add it to the gas station property. The residential property is the best place for the septic. They would use the existing well that is on the gas station property and just upgrade the pump. The hotel would be a 15 unit hotel. Jim Forbes stated that he met with Paul Singh and looked over the property and told him what codes would need to be met. No money was taken for this. NYSDOH regulations state that the septic needs to be on the same property as the hotel. The soil on the current gas station property is not conducive for a septic. Marcia Membrino voiced her concerns regarding making the current residential lot, which is currently non-conforming, even more non-conforming and fears that precedence will be set. There could be other alternatives available. Paul Singh stated that the hotel will have a positive impact on the economy and the area and the positives outweigh the negative. Marcia Membrino suggested combining all three lots into one lot. Michelle Kennedy said that with all three lots combined, they still would not have enough acreage to meet the 1 acre minimum per use. Marcia Membrino suggested purchasing another piece of property and putting the hotel on that. Paul Singh stated that he does not want to purchase another piece of property away from the gas station. He asked his neighbors to purchase a piece of their property and they are unwilling to sell.
Michelle Kennedy asked if an undesirable change will be produced in the character of the neighborhood or if a detriment to nearby properties will be created by the granting of the area variance. No: Art Henry, Al Bullard, Jim Forbes. Yes: Marcia Membrino. Michelle Kennedy asked if the benefit sought by the applicant can be achieved by some other method which will be feasible for the applicant. No: Al Bullard. Yes: Marcia Membrino, Art Henry and Jim Forbes. Jim Forbes said it is subject to interpretation. The applicant has no desire to purchase another piece of property. Michelle Kennedy asked whether the requested area variance is substantial. Yes: Al Bullard, Marcia Membrino. No: Art Henry and Jim Forbes. Michelle Kennedy asked whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood. No: Jim Forbes, Art Henry, Al Bullard. Yes: Marcia Membrino. Marcia said that it would have a physical impact on the neighborhood because it would be setting a precedent. Michelle Kennedy asked if the alleged difficulty is self-created. Yes: Marcia Membrino, Art Henry, Marcia Membrino, Jim Forbes.
Jim Forbes made a motion to declare the action as a Type II action under SEQRA and to declare the Town of Milford ZBA as lead agency. Art Henry seconded. No further discussion. All in favor. Motion carried.
Paul Singh stated that they really care about the community and have been helping the community in many different ways. The economic benefit will help the local restaurants and other area businesses.
Michelle Kennedy said that the application is distinguishable if the owner occupies and operates the business—circumstances which haven’t been seen before.
Jim Forbes stated that he has not been retained by the Singh’s or promised employment by them. Paul Singh confirmed that they have spoken to many engineers and have not made a decision yet on who they are hiring for the project.
Marcia Membrino made a motion to deny the application based on the previous discussion and comments. There was no second. The motion was lost. Art Henry made a motion to grant the variance. Jim Forbes seconded. No further discussion. In favor: Al Bullard, Art Henry and Jim Forbes. Opposed: Marcia Membrino. Motion carried.
Art Henry made a motion to adjourn the meeting. Al Bullard seconded. No further discussion. All in favor. Meeting adjourned at 8:00 pm.
Respectfully submitted,
Theresa Lombardo
Secretary
___________________________________________________________________________________________________________________________________________________
Minutes of Milford ZBA meeting, November 14, 2013
The Zoning Board of Appeals meeting was called to order at 7:00 pm by Chairman Al Bullard. Present were Chairman Al Bullard, Marcia Membrino, Jim Forbes and Art Henry. Also present: Town Attorney Michelle Kennedy, Zoning Enforcement Officer Barbara Monroe, Les Sitler, Charles Dimick, Walt McLaughlin, Bruce Milavec, and Burt Tilby.
Al Bullard read the public hearing notice that was in the Daily Star regarding an application from Charles Dimick for an interpretation of the Town of Milford Zoning, Article 17, as it applies to his properties located at 140 Sunnycrest Road, 134 Sunnycrest Road, and 144 Sunnycrest Road, Maryland, NY 12116. Tax map numbers: 260.13-2-50.00, 260.13-2-49.02 and 260.13-2-51.00 respectively.
Al Bullard received an email from Marilyn Bailey, a neighbor, which is hereby made a part of these minutes.
Les Sitler said that the Zoning Board of Appeals had a previous case which was the exact same case as Charles Dimick’s and it was determined that it was a prior non-conforming use. Charles Dimick has been renting before the zoning was changed and has continued to rent every year. A statement was received from the booking agent, Lonetta Swarthout. There was a case in Cooperstown which was the same exact situation and it was determined that the use of a tourist rental was grandfathered and was a prior non-conforming use. Les Sitler said that if the non-conforming use discontinues for one year, than the properties would not be grandfathered. Art Henry said that he found in public record that Charles A. Dimick took possession of the property in 2005 and in 2011 transferred the property back to Charles J. Dimick. Les Sitler said that Charles acted as an agent for his father. Les Sitler asked the Zoning Board what kind of further proof they would need to see that the properties were rented consecutively. Bruce Milavec asked if the bed tax was paid every year. Les Sitler said that the tax was paid each year. Art Henry asked if a fire inspection was done yearly. Les Sitler said that a fire inspection has been done each year that it was required. Marcia Membrino said that in order to determine if it a non-conforming use, then it must pass a three-prong test: (1) Was it existing prior to the new law? Yes. (2) Is it a lawful use? Yes. (3) Would the enforcement of the ordinance cause severe financial harm to the applicant? No, there would not be a substantial loss on the part of Mr. Dimick. He is receiving $1,000-$1,100 a week and a special use permit is $75 and a site plan review is $75 with a $100 renewal fee. Marcia said that the facts fail the test of non-conforming use. Les Sitler said that Mr. Dimick does not need to apply for a permit because he is grandfathered. Les Sitler asked for an adjournment for one month to submit more evidence—bed tax payments and fire inspections. Mr. Sitler said that it would be difficult to go back 11 years to get the evidence when most things are only required to be kept for 7 years. Michelle Kennedy said that if Mr. Dimick was non-compliant in paying bed tax or non compliant in getting fire inspections done it wouldn’t mean that the properties wouldn’t be a non-conforming use. That information would not be applicable for the Zoning Board to make its decision. Cooperstown Stay and Mr. Dimick have attested that the rentals existed prior to the zoning and have been continuously rented since. Marcia Membrino made a motion that based on the evidence presented and the clarification of Michelle Kennedy and the statements made by Charles Dimick, that his properties qualify as non-conforming uses and should be interpreted as such. Jim Forbes seconded. No further discussion. All in favor. Motion carried.
Marcia Membrino made a motion to adjourn the meeting. Art Henry seconded. All in favor. Motion carried. Meeting adjourned at 7:45 pm.
Respectfully submitted,
Theresa Lombardo, Secretary
______________________________________________________________________________________________________________________________
The Zoning Board of Appeals meeting was called to order at 7:00 pm by Chairman Al Bullard. Present were Chairman Al Bullard, Marcia Membrino, Jim Forbes and Art Henry. Also present: Town Attorney Michelle Kennedy, Zoning Enforcement Officer Barbara Monroe, Les Sitler, Charles Dimick, Walt McLaughlin, Bruce Milavec, and Burt Tilby.
Al Bullard read the public hearing notice that was in the Daily Star regarding an application from Charles Dimick for an interpretation of the Town of Milford Zoning, Article 17, as it applies to his properties located at 140 Sunnycrest Road, 134 Sunnycrest Road, and 144 Sunnycrest Road, Maryland, NY 12116. Tax map numbers: 260.13-2-50.00, 260.13-2-49.02 and 260.13-2-51.00 respectively.
Al Bullard received an email from Marilyn Bailey, a neighbor, which is hereby made a part of these minutes.
Les Sitler said that the Zoning Board of Appeals had a previous case which was the exact same case as Charles Dimick’s and it was determined that it was a prior non-conforming use. Charles Dimick has been renting before the zoning was changed and has continued to rent every year. A statement was received from the booking agent, Lonetta Swarthout. There was a case in Cooperstown which was the same exact situation and it was determined that the use of a tourist rental was grandfathered and was a prior non-conforming use. Les Sitler said that if the non-conforming use discontinues for one year, than the properties would not be grandfathered. Art Henry said that he found in public record that Charles A. Dimick took possession of the property in 2005 and in 2011 transferred the property back to Charles J. Dimick. Les Sitler said that Charles acted as an agent for his father. Les Sitler asked the Zoning Board what kind of further proof they would need to see that the properties were rented consecutively. Bruce Milavec asked if the bed tax was paid every year. Les Sitler said that the tax was paid each year. Art Henry asked if a fire inspection was done yearly. Les Sitler said that a fire inspection has been done each year that it was required. Marcia Membrino said that in order to determine if it a non-conforming use, then it must pass a three-prong test: (1) Was it existing prior to the new law? Yes. (2) Is it a lawful use? Yes. (3) Would the enforcement of the ordinance cause severe financial harm to the applicant? No, there would not be a substantial loss on the part of Mr. Dimick. He is receiving $1,000-$1,100 a week and a special use permit is $75 and a site plan review is $75 with a $100 renewal fee. Marcia said that the facts fail the test of non-conforming use. Les Sitler said that Mr. Dimick does not need to apply for a permit because he is grandfathered. Les Sitler asked for an adjournment for one month to submit more evidence—bed tax payments and fire inspections. Mr. Sitler said that it would be difficult to go back 11 years to get the evidence when most things are only required to be kept for 7 years. Michelle Kennedy said that if Mr. Dimick was non-compliant in paying bed tax or non compliant in getting fire inspections done it wouldn’t mean that the properties wouldn’t be a non-conforming use. That information would not be applicable for the Zoning Board to make its decision. Cooperstown Stay and Mr. Dimick have attested that the rentals existed prior to the zoning and have been continuously rented since. Marcia Membrino made a motion that based on the evidence presented and the clarification of Michelle Kennedy and the statements made by Charles Dimick, that his properties qualify as non-conforming uses and should be interpreted as such. Jim Forbes seconded. No further discussion. All in favor. Motion carried.
Marcia Membrino made a motion to adjourn the meeting. Art Henry seconded. All in favor. Motion carried. Meeting adjourned at 7:45 pm.
Respectfully submitted,
Theresa Lombardo, Secretary
______________________________________________________________________________________________________________________________
Minutes of Milford ZBA meeting, April 25, 2013
The Zoning Board of Appeals meeting was called to order at 7:00 pm by Chairman Al Bullard. Present were Chairman Al Bullard, Marcia Membrino, Jim Forbes and Art Henry. Also present: Michelle Kennedy, Town Attorney, Matt Marvel and Steven Naatz.
Al Bullard read the public hearing notice that was in the Daily Star regarding an application for an area variance from Matthew Marvel, 2388 State Highway 28, Milford, to build a car port; relevant section number of the zoning ordinance: Section 7.3.
Written comments were received by each of Matt Marvel’s neighbors approving his plans. A new detailed drawing was submitted to the Zoning Board. The property is 38.6 feet wide and 127.2 feet deep. Marcia Membrino asked how much frontage would be needed for the variance. Steven Naatz said that the car port will be on the DOT line, there will be no setback on the carport. Marcia Membrino asked what amount of time in the winter is spent at this location. Matt Marvel stated that 60 percent of his time in the winter is spent in his Oneonta residence. Marcia Membrino said that there is currently a utility pole right by the current shed. How would a utility vehicle get access to the pole if the carport is built? Matt Marvel said that they could gain access either through the carport, over top of the carport or through the neighbor’s property. Art Henry asked if this would be a permanent carport. Steven Naatz stated that there will be pylons put in and a gravel floor and he would consider it a permanent structure. Marcia Membrino asked how an emergency vehicle would get access to the house in the event of a fire. Matt Marvel said that the carport would be no further encumbrance than there is now. Jim Forbes asked if there would be a benefit to the applicant if the variance was granted—yes, because he wouldn’t have to shovel snow in the winter. Jim asked whether an undesirable change will be produced in the neighborhood or a detriment to nearby properties will be created—no. Jim Forbes asked if the benefit sought by the applicant can be achieved by some other method—yes. Jim Forbes asked if the requested variance is substantial—Yes, but not for the area. Michelle Kennedy asked if the neighbors are accessing their property through Matt Marvel’s property. Matt Marvel said that they are not and the neighbors do not have access for the fire department, but hoses could reach the house. Michelle Kennedy said that the applicant is assuming the risks on his own property if the emergency vehicles could not access his property. Jim Forbes asked whether the proposed variance would have an adverse effect on the physical or environmental conditions in the neighborhood—no. Jim Forbes asked if the alleged difficulty was self-created—yes. Marcia Membrino said that she believes that the variance is substantial and that should be a reason to deny the variance. Marcia said that the public safety would be compromised by putting up the carport because it is taking land away that the emergency vehicles could use and they would have to park the fire trucks in the road in the event of an emergency and that would cause traffic problems. Steven Naatz said that the fire trucks could pull in on the property with the carport there. Marcia Membrino disagreed. Marcia Membrino made a motion to designate the Zoning Board of Appeals the lead agency and designate the case a Type Two Action and not in need of SEQR review. Jim Forbes seconded. No further discussion. In favor: Marcia Membrino, Jim Forbes, Al Bullard. Opposed: Art Henry. Motion carried. Jim Forbes expressed concerns about what could happen if the property is sold and the new owner decides to put sides on the carport. Michelle Kennedy said that the Zoning Board could approve the application as shown in the plans. Art Henry made a motion to grant the variance with the stipulation that it is subject to the easement rights of the utility company and that the plans are approved as presented to the Zoning Board. Jim Forbes seconded. No further discussion. In favor: Al Bullard, Jim Forbes and Art Henry. Opposed: Marcia Membrino. Motion carried. Area variance is granted.
Marcia Membrino made a motion to adjourn the meeting. Al Bullard seconded. All in favor. Motion carried. Meeting adjourned at 7:36 pm.
Respectfully submitted,
Theresa Lombardo, Secretary
_________________________________________________________________________________________________________________________________________
The Zoning Board of Appeals meeting was called to order at 7:00 pm by Chairman Al Bullard. Present were Chairman Al Bullard, Marcia Membrino, Jim Forbes and Art Henry. Also present: Michelle Kennedy, Town Attorney, Matt Marvel and Steven Naatz.
Al Bullard read the public hearing notice that was in the Daily Star regarding an application for an area variance from Matthew Marvel, 2388 State Highway 28, Milford, to build a car port; relevant section number of the zoning ordinance: Section 7.3.
Written comments were received by each of Matt Marvel’s neighbors approving his plans. A new detailed drawing was submitted to the Zoning Board. The property is 38.6 feet wide and 127.2 feet deep. Marcia Membrino asked how much frontage would be needed for the variance. Steven Naatz said that the car port will be on the DOT line, there will be no setback on the carport. Marcia Membrino asked what amount of time in the winter is spent at this location. Matt Marvel stated that 60 percent of his time in the winter is spent in his Oneonta residence. Marcia Membrino said that there is currently a utility pole right by the current shed. How would a utility vehicle get access to the pole if the carport is built? Matt Marvel said that they could gain access either through the carport, over top of the carport or through the neighbor’s property. Art Henry asked if this would be a permanent carport. Steven Naatz stated that there will be pylons put in and a gravel floor and he would consider it a permanent structure. Marcia Membrino asked how an emergency vehicle would get access to the house in the event of a fire. Matt Marvel said that the carport would be no further encumbrance than there is now. Jim Forbes asked if there would be a benefit to the applicant if the variance was granted—yes, because he wouldn’t have to shovel snow in the winter. Jim asked whether an undesirable change will be produced in the neighborhood or a detriment to nearby properties will be created—no. Jim Forbes asked if the benefit sought by the applicant can be achieved by some other method—yes. Jim Forbes asked if the requested variance is substantial—Yes, but not for the area. Michelle Kennedy asked if the neighbors are accessing their property through Matt Marvel’s property. Matt Marvel said that they are not and the neighbors do not have access for the fire department, but hoses could reach the house. Michelle Kennedy said that the applicant is assuming the risks on his own property if the emergency vehicles could not access his property. Jim Forbes asked whether the proposed variance would have an adverse effect on the physical or environmental conditions in the neighborhood—no. Jim Forbes asked if the alleged difficulty was self-created—yes. Marcia Membrino said that she believes that the variance is substantial and that should be a reason to deny the variance. Marcia said that the public safety would be compromised by putting up the carport because it is taking land away that the emergency vehicles could use and they would have to park the fire trucks in the road in the event of an emergency and that would cause traffic problems. Steven Naatz said that the fire trucks could pull in on the property with the carport there. Marcia Membrino disagreed. Marcia Membrino made a motion to designate the Zoning Board of Appeals the lead agency and designate the case a Type Two Action and not in need of SEQR review. Jim Forbes seconded. No further discussion. In favor: Marcia Membrino, Jim Forbes, Al Bullard. Opposed: Art Henry. Motion carried. Jim Forbes expressed concerns about what could happen if the property is sold and the new owner decides to put sides on the carport. Michelle Kennedy said that the Zoning Board could approve the application as shown in the plans. Art Henry made a motion to grant the variance with the stipulation that it is subject to the easement rights of the utility company and that the plans are approved as presented to the Zoning Board. Jim Forbes seconded. No further discussion. In favor: Al Bullard, Jim Forbes and Art Henry. Opposed: Marcia Membrino. Motion carried. Area variance is granted.
Marcia Membrino made a motion to adjourn the meeting. Al Bullard seconded. All in favor. Motion carried. Meeting adjourned at 7:36 pm.
Respectfully submitted,
Theresa Lombardo, Secretary
_________________________________________________________________________________________________________________________________________
Minutes of Milford ZBA meeting, October 25, 2012
The Zoning Board of Appeals meeting was called to order at 7:00 pm by Chairman Al Bullard. Present were Chairman Al Bullard, Marcia Membrino, Jim Forbes, Deb Cotten and Art Henry. Also present: Barbara Monroe, ZEO, Robert and Kathleen Shirm.
Al Bullard read the public hearing notice that was in the Daily Star regarding an application for a variance from Robert and Kathleen Shirm, 118 Cold Springs Lane, Maryland, NY 12116 to build an addition on their house, relevant section number of the zoning ordinance: Section 6.4d.
Kathleen Shirm said that they have previously built onto the existing house and would now like to put an addition on that would encroach into the setbacks. The addition would be one foot from the line. The neighboring property is owned by New York State. The new addition would be for a master bedroom, library and tool storage. It would be either one or two story. Jim Forbes asked why it wasn’t possible to put a second story on the current house instead of building the addition. Kathleen said that it would be too expensive and the original house might not support the additional weight. Marcia Membrino said that there may be a problem with putting the addition so close to the line with the New York State right of way to their property. Marcia called the County Planning Board and they did not get back to her. She also called the Department of Transportation and they said that it would be a question for Parks and Recreation. Barbara Monroe said that she spoke of the issue with the Town Attorney. The Town Attorney said to make sure the Zoning Board of Appeals is ruling within their jurisdiction and that the applicant would have to comply with the New York State regulations. There is currently a shed next to the house that is one foot away from the property line. The shed would be torn down to make room for the addition. Art Henry made a motion to grant the variance to Kathleen and Robert Shirm based on the following: will an undesirable change be produced in the neighborhood or a detriment to nearby properties: no; whether the benefit sought by the applicant can be achieved by some method other than the area variance: no; whether the area variance is substantial: yes; whether the proposed variance will have an adverse effect on the physical or environmental conditions in the neighborhood: no; whether the alleged difficulty was self-created: no; and that this ruling is within the Town of Milford’s jurisdiction and the applicant shall comply with the regulations of the NYS Department of Environmental Conservation and the applicants agree to notify New York State of the project and give them a reasonable timeframe to respond and that a copy of the letter sent to New York State is sent to the Zoning Enforcement Officer. Deb Cotten seconded. Jim Forbes suggested that the Shirm’s also check with Fish and Wildlife in Stamford. In favor: Al Bullard, Marcia Membrino, Jim Forbes, Deb Cotten and Art Henry. Motion carried.
Arthur Henry made a motion to adjourn the meeting. Marcia Membrino seconded. All in favor. Motion carried. Meeting adjourned at 8:00 pm.
Respectfully submitted,
Theresa Lombardo, Secretary
_______________________________________________________________________________________________________________________________
The Zoning Board of Appeals meeting was called to order at 7:00 pm by Chairman Al Bullard. Present were Chairman Al Bullard, Marcia Membrino, Jim Forbes, Deb Cotten and Art Henry. Also present: Barbara Monroe, ZEO, Robert and Kathleen Shirm.
Al Bullard read the public hearing notice that was in the Daily Star regarding an application for a variance from Robert and Kathleen Shirm, 118 Cold Springs Lane, Maryland, NY 12116 to build an addition on their house, relevant section number of the zoning ordinance: Section 6.4d.
Kathleen Shirm said that they have previously built onto the existing house and would now like to put an addition on that would encroach into the setbacks. The addition would be one foot from the line. The neighboring property is owned by New York State. The new addition would be for a master bedroom, library and tool storage. It would be either one or two story. Jim Forbes asked why it wasn’t possible to put a second story on the current house instead of building the addition. Kathleen said that it would be too expensive and the original house might not support the additional weight. Marcia Membrino said that there may be a problem with putting the addition so close to the line with the New York State right of way to their property. Marcia called the County Planning Board and they did not get back to her. She also called the Department of Transportation and they said that it would be a question for Parks and Recreation. Barbara Monroe said that she spoke of the issue with the Town Attorney. The Town Attorney said to make sure the Zoning Board of Appeals is ruling within their jurisdiction and that the applicant would have to comply with the New York State regulations. There is currently a shed next to the house that is one foot away from the property line. The shed would be torn down to make room for the addition. Art Henry made a motion to grant the variance to Kathleen and Robert Shirm based on the following: will an undesirable change be produced in the neighborhood or a detriment to nearby properties: no; whether the benefit sought by the applicant can be achieved by some method other than the area variance: no; whether the area variance is substantial: yes; whether the proposed variance will have an adverse effect on the physical or environmental conditions in the neighborhood: no; whether the alleged difficulty was self-created: no; and that this ruling is within the Town of Milford’s jurisdiction and the applicant shall comply with the regulations of the NYS Department of Environmental Conservation and the applicants agree to notify New York State of the project and give them a reasonable timeframe to respond and that a copy of the letter sent to New York State is sent to the Zoning Enforcement Officer. Deb Cotten seconded. Jim Forbes suggested that the Shirm’s also check with Fish and Wildlife in Stamford. In favor: Al Bullard, Marcia Membrino, Jim Forbes, Deb Cotten and Art Henry. Motion carried.
Arthur Henry made a motion to adjourn the meeting. Marcia Membrino seconded. All in favor. Motion carried. Meeting adjourned at 8:00 pm.
Respectfully submitted,
Theresa Lombardo, Secretary
_______________________________________________________________________________________________________________________________
Minutes of Milford ZBA meeting, May 24, 2012
The Zoning Board of Appeals meeting was called to order at 7:04 pm by Chairman Al Bullard. Present were Chairman Al Bullard, Marcia Membrino and Art Henry. Absent: Deb Cotten. Also present: Barbara Monroe, ZEO, Vince and Francine Stayter, Nathaniel and Melissa Leonard and Shehnaz Irani.
Al Bullard read the public hearing notice that was in the Daily Star regarding an application from Nathaniel and Melissa Leonard of 220 Lakeshore Drive South, Maryland for a short-term transient rental at the above property, relevant section number of the zoning ordinance: 5.4, and an application for a variance from Shehnaz Irani of 2882 State Highway 28, Portlandville, for a short-term transient rental at the above property, relevant section number of the zoning ordinance: 7.3.
Nathaniel and Melissa Leonard application: Neither the minimum area requirement nor the setback requirements are met. The house is 7 feet from the property line. The Leonard’s presented a letter from James and Jennifer Dutcher, a neighbor, stating that they are not opposed to the Leonard’s renting short-term. Marcia Membrino said that the Leonard’s came before the Zoning Board of Appeals on May 28, 2009 for a variance for a garage. She asked what is on the second floor of the garage. Nathaniel Leonard said it is a room with workout equipment. There is no plumbing in the garage. The Leonard’s would be living in Oneonta. They would like their children to attend the Oneonta school because of the extracurricular activities offered but do not want to give up their ties to Milford. Marcia Membrino said that she was concerned about the traffic and the general safety and welfare of the residents along the lake. She said she felt that if the variance was granted the Board would be adding to the existing traffic problems. Marcia also stated that weekly renters would have a great impact on the plumbing and septic. Marcia Membrino said that she would have to vote against the variance based on the impact on the community and coupled with the fact that it would not be an extreme financial hardship to the Leonard’s. Melissa Leonard said that it would be a financial hardship because they would not be able to get fair market value right now for the house. They would suffer a significant economic injury if they sold the house in the current market. Vince Stayter stated that there has not been an auto accident on the roads down by the lake since 1995 and the Lake Association did a dye test and there was no contamination from sewers in Goodyear Lake. Vince Stayter also stated that future fears are a poor basis on which to base a decision for the Zoning Board of Appeals. Arthur Henry made a motion that the variance for Nathaniel and Melissa Leonard’s application be granted for their financial well-being as requested in the application. Al Bullard seconded. No further discussion. In favor: Al Bullard, Arthur Henry. Opposed: Marcia Membrino. The motion was defeated.
Shehnaz Irani application: The property does not meet the required setbacks for the front yard and it does not meet the area requirements. The Zoning Board of Appeals previously granted a variance for this property under a different owner. There is plenty of parking. There would only be one family renting per week (3 people). Marcia Membrino said that because a variance was given before and there would be no more than 3 occupants per week, she wouldn’t be opposed to the variance. Marcia Membrino made a motion on precedent because it has already been determined that the property qualifies for a variance and with the assurance of the owner that only 3 renters would be there per week that the variance be granted. Arthur Henry seconded. No further discussion. All in favor. Motion carried. The variance is granted.
Theresa Lombardo read the minutes from the October 17, 2011 meeting. Arthur Henry made a motion to approve the minutes as read. Marcia Membrino seconded. No further discussion. All in favor. Motion carried.
Arthur Henry made a motion to adjourn the meeting. Marcia Membrino seconded. All in favor. Motion carried. Meeting adjourned at 7:40 pm.
Respectfully submitted,
Theresa Lombardo, Secretary
The Zoning Board of Appeals meeting was called to order at 7:04 pm by Chairman Al Bullard. Present were Chairman Al Bullard, Marcia Membrino and Art Henry. Absent: Deb Cotten. Also present: Barbara Monroe, ZEO, Vince and Francine Stayter, Nathaniel and Melissa Leonard and Shehnaz Irani.
Al Bullard read the public hearing notice that was in the Daily Star regarding an application from Nathaniel and Melissa Leonard of 220 Lakeshore Drive South, Maryland for a short-term transient rental at the above property, relevant section number of the zoning ordinance: 5.4, and an application for a variance from Shehnaz Irani of 2882 State Highway 28, Portlandville, for a short-term transient rental at the above property, relevant section number of the zoning ordinance: 7.3.
Nathaniel and Melissa Leonard application: Neither the minimum area requirement nor the setback requirements are met. The house is 7 feet from the property line. The Leonard’s presented a letter from James and Jennifer Dutcher, a neighbor, stating that they are not opposed to the Leonard’s renting short-term. Marcia Membrino said that the Leonard’s came before the Zoning Board of Appeals on May 28, 2009 for a variance for a garage. She asked what is on the second floor of the garage. Nathaniel Leonard said it is a room with workout equipment. There is no plumbing in the garage. The Leonard’s would be living in Oneonta. They would like their children to attend the Oneonta school because of the extracurricular activities offered but do not want to give up their ties to Milford. Marcia Membrino said that she was concerned about the traffic and the general safety and welfare of the residents along the lake. She said she felt that if the variance was granted the Board would be adding to the existing traffic problems. Marcia also stated that weekly renters would have a great impact on the plumbing and septic. Marcia Membrino said that she would have to vote against the variance based on the impact on the community and coupled with the fact that it would not be an extreme financial hardship to the Leonard’s. Melissa Leonard said that it would be a financial hardship because they would not be able to get fair market value right now for the house. They would suffer a significant economic injury if they sold the house in the current market. Vince Stayter stated that there has not been an auto accident on the roads down by the lake since 1995 and the Lake Association did a dye test and there was no contamination from sewers in Goodyear Lake. Vince Stayter also stated that future fears are a poor basis on which to base a decision for the Zoning Board of Appeals. Arthur Henry made a motion that the variance for Nathaniel and Melissa Leonard’s application be granted for their financial well-being as requested in the application. Al Bullard seconded. No further discussion. In favor: Al Bullard, Arthur Henry. Opposed: Marcia Membrino. The motion was defeated.
Shehnaz Irani application: The property does not meet the required setbacks for the front yard and it does not meet the area requirements. The Zoning Board of Appeals previously granted a variance for this property under a different owner. There is plenty of parking. There would only be one family renting per week (3 people). Marcia Membrino said that because a variance was given before and there would be no more than 3 occupants per week, she wouldn’t be opposed to the variance. Marcia Membrino made a motion on precedent because it has already been determined that the property qualifies for a variance and with the assurance of the owner that only 3 renters would be there per week that the variance be granted. Arthur Henry seconded. No further discussion. All in favor. Motion carried. The variance is granted.
Theresa Lombardo read the minutes from the October 17, 2011 meeting. Arthur Henry made a motion to approve the minutes as read. Marcia Membrino seconded. No further discussion. All in favor. Motion carried.
Arthur Henry made a motion to adjourn the meeting. Marcia Membrino seconded. All in favor. Motion carried. Meeting adjourned at 7:40 pm.
Respectfully submitted,
Theresa Lombardo, Secretary
Minutes of Milford ZBA meeting, October 27, 2011
The Zoning Board of Appeals meeting was called to order at 7:06 pm by Chairman Al Bullard. Present were Chairman Al Bullard, Marcia Membrino, Donald Harvey and Art Henry. Absent: Deb Cotten. Also present: William Jacobsen, ZEO, David Merzig, Louis Herman, Jennifer Boudreau and Anna Snyder.
Al Bullard read the public hearing notice that was in the Daily Star regarding an application from Jennifer Boudreau, Louis Herman, Gerard and Kathleen McAloon of 169 Lakeshore Drive North, Maryland, NY for an interpretation of the Zoning Ordinance, section 5.4 as it applies to minimum area requirements and Article 2 definitions.
The Zoning Board received the denial and map of the property from the ZEO. Discussion on what district the property is in. The Zoning Enforcement Officer stated that the application was denied because the garage is 8 feet from the boundary line. The house does meet the setbacks. Marcia Membrino asked if the garage was the principal building. The ZEO said that it was not. Marcia Membrino said that the definition of a yard front on page 9 of the zoning states that it is the closest point of the principal building and page 3 of the terms says that a principal building is where the principal use of the lot is. The ZEO said that the issue is whether the setbacks start with the garage or at the principal building, which is the house. David Merzig stated that the application was denied based on the setbacks of the garage, but the house is the principal building and the application was inappropriately denied. Louis Herman stated that the garage will be used only for storage. Marcia Membrino said that due to the misinterpretation of the definition clearly set in the ordinance of how to determine the setbacks, the principal building is within the setbacks and the denial was inappropriate. Marcia Membrino made a motion that the Zoning Board of Appeals is in agreement that the interpretation that they find to be true is that the setbacks should be measured from the road to the principal building, which is the house and it is within the proper setbacks. Al Bullard seconded. No further discussion. All in favor. Motion carried. David Merzig asked if the applicants would have to reapply to the Planning Board. Al Bullard said that the Planning Board should honor this ruling and the original application and not insist that the applicants reapply.
Donald Harvey made a motion to adjourn the meeting. Marcia Membrino seconded. All in favor. Motion carried. Meeting adjourned at 7:32 pm.
Respectfully submitted,
Theresa Lombardo, Secretary
_______________________________________________________________________________________________________________________________
The Zoning Board of Appeals meeting was called to order at 7:06 pm by Chairman Al Bullard. Present were Chairman Al Bullard, Marcia Membrino, Donald Harvey and Art Henry. Absent: Deb Cotten. Also present: William Jacobsen, ZEO, David Merzig, Louis Herman, Jennifer Boudreau and Anna Snyder.
Al Bullard read the public hearing notice that was in the Daily Star regarding an application from Jennifer Boudreau, Louis Herman, Gerard and Kathleen McAloon of 169 Lakeshore Drive North, Maryland, NY for an interpretation of the Zoning Ordinance, section 5.4 as it applies to minimum area requirements and Article 2 definitions.
The Zoning Board received the denial and map of the property from the ZEO. Discussion on what district the property is in. The Zoning Enforcement Officer stated that the application was denied because the garage is 8 feet from the boundary line. The house does meet the setbacks. Marcia Membrino asked if the garage was the principal building. The ZEO said that it was not. Marcia Membrino said that the definition of a yard front on page 9 of the zoning states that it is the closest point of the principal building and page 3 of the terms says that a principal building is where the principal use of the lot is. The ZEO said that the issue is whether the setbacks start with the garage or at the principal building, which is the house. David Merzig stated that the application was denied based on the setbacks of the garage, but the house is the principal building and the application was inappropriately denied. Louis Herman stated that the garage will be used only for storage. Marcia Membrino said that due to the misinterpretation of the definition clearly set in the ordinance of how to determine the setbacks, the principal building is within the setbacks and the denial was inappropriate. Marcia Membrino made a motion that the Zoning Board of Appeals is in agreement that the interpretation that they find to be true is that the setbacks should be measured from the road to the principal building, which is the house and it is within the proper setbacks. Al Bullard seconded. No further discussion. All in favor. Motion carried. David Merzig asked if the applicants would have to reapply to the Planning Board. Al Bullard said that the Planning Board should honor this ruling and the original application and not insist that the applicants reapply.
Donald Harvey made a motion to adjourn the meeting. Marcia Membrino seconded. All in favor. Motion carried. Meeting adjourned at 7:32 pm.
Respectfully submitted,
Theresa Lombardo, Secretary
_______________________________________________________________________________________________________________________________
Minutes of Milford ZBA meeting, September 22, 2011
The Zoning Board of Appeals meeting was called to order at 7:00 pm by Chairman Al Bullard. Present were Chairman Al Bullard, Marcia Membrino, Donald Harvey, Deb Cotten and Art Henry. Also present: William Jacobsen, ZEO.
Al Bullard read the public hearing notice that was in the Daily Star regarding an application from Larry Preston for an area variance for the construction of a storage barn at 1157 County Highway 44. Relevant section number of the zoning ordinance: 14.8.
Jamie Waters said that he would like to build a storage barn just like he built at the Garlick’s. The Zoning Enforcement Officer gave a permit for that barn, but denied the one for Larry Preston’s. Marcia Membrino asked why the need for that height. Jamie said that the height is needed so the pitch is correct. The building will only be used for cold storage and there is no intent of putting any living space in the building. Art Henry asked the Zoning Enforcement Officer why there was a discrepancy between the permits. William Jacobsen said that at the time, he was new to the position and he wasn’t aware of the height restriction. Jamie Waters said that he was unaware that there would be a problem and has already started the building. The dirt work has been started and the trusses have been ordered. Marcia Membrino said that William Jacobsen set a precedent when he granted the first permit, and this party should not be penalized. Marcia Membrino made a motion to grant the area variance and in no way should this be considered a precedent. The variance is being granted because of a mistake made by the Zoning Enforcement Officer and the Zoning Board of Appeals is caught in the middle. Al Bullard seconded. Art Henry said that the Planning Board should consider revisiting section 14.8 of the zoning. No further discussion. All in favor. Motion carried. The area variance is granted.
Al Bullard asked the Zoning Enforcement Officer what the status of the temporary signs which are located all over the Town of Milford. The ZEO will discuss the situation with the Town Supervisor on how to interpret the zoning and enforce it.
The minutes of the August 25, 2011 meeting were read for approval. Art Henry made a motion to approve the minutes as read. Marcia Membrino seconded. All in favor. Motion carried.
Donald Harvey made a motion to adjourn the meeting. Art Henry seconded. All in favor. Motion carried. Meeting adjourned at 7:30 pm.
Respectfully submitted,
Theresa Lombardo, Secretary
The Zoning Board of Appeals meeting was called to order at 7:00 pm by Chairman Al Bullard. Present were Chairman Al Bullard, Marcia Membrino, Donald Harvey, Deb Cotten and Art Henry. Also present: William Jacobsen, ZEO.
Al Bullard read the public hearing notice that was in the Daily Star regarding an application from Larry Preston for an area variance for the construction of a storage barn at 1157 County Highway 44. Relevant section number of the zoning ordinance: 14.8.
Jamie Waters said that he would like to build a storage barn just like he built at the Garlick’s. The Zoning Enforcement Officer gave a permit for that barn, but denied the one for Larry Preston’s. Marcia Membrino asked why the need for that height. Jamie said that the height is needed so the pitch is correct. The building will only be used for cold storage and there is no intent of putting any living space in the building. Art Henry asked the Zoning Enforcement Officer why there was a discrepancy between the permits. William Jacobsen said that at the time, he was new to the position and he wasn’t aware of the height restriction. Jamie Waters said that he was unaware that there would be a problem and has already started the building. The dirt work has been started and the trusses have been ordered. Marcia Membrino said that William Jacobsen set a precedent when he granted the first permit, and this party should not be penalized. Marcia Membrino made a motion to grant the area variance and in no way should this be considered a precedent. The variance is being granted because of a mistake made by the Zoning Enforcement Officer and the Zoning Board of Appeals is caught in the middle. Al Bullard seconded. Art Henry said that the Planning Board should consider revisiting section 14.8 of the zoning. No further discussion. All in favor. Motion carried. The area variance is granted.
Al Bullard asked the Zoning Enforcement Officer what the status of the temporary signs which are located all over the Town of Milford. The ZEO will discuss the situation with the Town Supervisor on how to interpret the zoning and enforce it.
The minutes of the August 25, 2011 meeting were read for approval. Art Henry made a motion to approve the minutes as read. Marcia Membrino seconded. All in favor. Motion carried.
Donald Harvey made a motion to adjourn the meeting. Art Henry seconded. All in favor. Motion carried. Meeting adjourned at 7:30 pm.
Respectfully submitted,
Theresa Lombardo, Secretary
Minutes of Milford ZBA meeting, August 25, 2011
The Zoning Board of Appeals meeting was called to order at 7:02 pm by Chairman Al Bullard. Present were Chairman Al Bullard, Marcia Membrino, Donald Harvey and Art Henry. Absent: Deb Cotten. Also present: William Jacobsen, ZEO.
Al Bullard read the public hearing notice that was in the Daily Star on August 18, 2011 regarding an application from Lonetta Swartout for a variance for an off-premise sign for her canoe and kayak shop. Relevant section number of the zoning ordinance: 16.a.4.
Lonetta Swartout said that she would like to put up a secondary sign 3 miles south of her canoe shop on Route 28. She said that people had a problem finding her shop during the canoe regatta. She has received permission from the Town of Hartwick to place two signs along the road in that town. The sign would be 45 inches by 48 inches. It would not be up year round, only from May to September. Vince Stayter said that he strongly supported the sign and that Lonetta’s business was an environmentally friendly business. A full application was not received because Lonetta only received one page from the ZEO. Marcia Membrino said that she was thrilled that Lonetta’s store was there and it enhances the Town of Milford, but there are two problems. The first problem is that according to a memo dated 5/24/11 regarding special use permits on state highways, signs are not allowed on state highways that relate to any commercial or business activity. Also, in Article 16 of the Milford Zoning Ordinance, off-premises signs are prohibited except for the blue New York State signs. Marcia Membrino said that there is another way to advertise her business—the internet. Marcia said that the Zoning Board does not allow variances unless all other reasonable ways are exhausted. Because of those reasons, Marcia Membrino moved that the application be denied. Al Bullard asked the ZEO what the status of other illegal signs on Route 28 was. The Art Kiser off-premise sign was removed and the Cheese Factory off-premise sign was removed. Vince Stayter said that there was a pigs for sale sign on State Highway 7. Al Bullard said that people need to file a written complaint and then something can be done. Art Henry said that there are signs all over the place for no drill, no spill and real estate signs. Marcia Membrino said those types of signs are allowed under the ordinance for no more than 30 days. Al Bullard seconded the motion on the floor, because of the possibility that if the variance was granted, other commercial businesses would want the same. This is not what the Town of Milford wanted, which is why it is in the ordinance. No further discussion. In favor of denying the variance: Al Bullard, Marcia Membrino. Opposed: Donald Harvey and Art Henry. The variance was denied.
Marcia Membrino made a motion to adjourn the meeting. Donald Harvey seconded. All in favor. Motion carried. Meeting adjourned at 7:34 pm.
Respectfully submitted,
Theresa Lombardo, Secretary
The Zoning Board of Appeals meeting was called to order at 7:02 pm by Chairman Al Bullard. Present were Chairman Al Bullard, Marcia Membrino, Donald Harvey and Art Henry. Absent: Deb Cotten. Also present: William Jacobsen, ZEO.
Al Bullard read the public hearing notice that was in the Daily Star on August 18, 2011 regarding an application from Lonetta Swartout for a variance for an off-premise sign for her canoe and kayak shop. Relevant section number of the zoning ordinance: 16.a.4.
Lonetta Swartout said that she would like to put up a secondary sign 3 miles south of her canoe shop on Route 28. She said that people had a problem finding her shop during the canoe regatta. She has received permission from the Town of Hartwick to place two signs along the road in that town. The sign would be 45 inches by 48 inches. It would not be up year round, only from May to September. Vince Stayter said that he strongly supported the sign and that Lonetta’s business was an environmentally friendly business. A full application was not received because Lonetta only received one page from the ZEO. Marcia Membrino said that she was thrilled that Lonetta’s store was there and it enhances the Town of Milford, but there are two problems. The first problem is that according to a memo dated 5/24/11 regarding special use permits on state highways, signs are not allowed on state highways that relate to any commercial or business activity. Also, in Article 16 of the Milford Zoning Ordinance, off-premises signs are prohibited except for the blue New York State signs. Marcia Membrino said that there is another way to advertise her business—the internet. Marcia said that the Zoning Board does not allow variances unless all other reasonable ways are exhausted. Because of those reasons, Marcia Membrino moved that the application be denied. Al Bullard asked the ZEO what the status of other illegal signs on Route 28 was. The Art Kiser off-premise sign was removed and the Cheese Factory off-premise sign was removed. Vince Stayter said that there was a pigs for sale sign on State Highway 7. Al Bullard said that people need to file a written complaint and then something can be done. Art Henry said that there are signs all over the place for no drill, no spill and real estate signs. Marcia Membrino said those types of signs are allowed under the ordinance for no more than 30 days. Al Bullard seconded the motion on the floor, because of the possibility that if the variance was granted, other commercial businesses would want the same. This is not what the Town of Milford wanted, which is why it is in the ordinance. No further discussion. In favor of denying the variance: Al Bullard, Marcia Membrino. Opposed: Donald Harvey and Art Henry. The variance was denied.
Marcia Membrino made a motion to adjourn the meeting. Donald Harvey seconded. All in favor. Motion carried. Meeting adjourned at 7:34 pm.
Respectfully submitted,
Theresa Lombardo, Secretary
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