MARION ZONING BOARD OF APPEALS MINUTES
April 26, 2016

 

Time: 7:05pm. Martha Rich called the meeting to order.

Present: Martha Rich; Gregg Bell; Kim Pezza; Nora Craft; John Lonneville, Jack Guinan and Andrea Vandergrift.

Also present: Vernon and Sharon Engle, Manley Cornell, Ron Lonneville

7:07 pm – Martha Rich asked the board if they were any comments or questions regarding the previous meeting minutes. No comments.

Gregg Bell made a motion to approve the minutes from November 24, 2015. Martha Rich seconded the motion. All in favor. None opposed. Meeting minutes approved.

New Business: Martha Rich stated that there is two items on tonight’s agenda.

7:08pm – The first item is Application A-2-16: Area Variance for Manley W. Cornell to build a pole barn at 15ft from the property line instead of the required 23ft due to building height.
Martha Rich read through the application and determined the neighbor notifications have been signed. She noted the legal notice, agricultural data statement, map and application is in the folder.

7:09pm –Martha Rich asked Mr. Cornell to explain his project.

7:10pm – Mr. Cornell stated he would like to build a pole barn but is limited on where he can put it due to septic system, leach field, and grade of the property. He is unable to place the pole barn behind the house due to a drop in the property. There are leach fields/septic system on the sides of the house. He would like to build the pole barn as he is paying for storage for antique cars other places and would like them at his residence. He would also like to store some of his business supplies there.

7:11pm – Gregg Bell asked how far the closest structure belonging to the neighbor from the lot line in, as the ordinance is in place to prevent damage of one structure falling onto the property/structure of a neighbor. Mr. Cornell states the neighbor’s garage is the closest structure and it is about 40’-50’ from the lot line.

Gregg Bell clarified that the application for appeal is because the building will be 23’ feet high, therefore should be 23’ from the lot line and Mr. Cornell would like it 15’ from the lot line. Mr. Cornell states this is the case due to previous listed reasons.

7:12pm – Martha Rich asked if the board had any questions. No questions at this point.

7:14pm – Martha Rich opened and closed the public hearing as no members from the public were present.

7:15pm – Gregg Bell made a motion to approve the application for an area variance to build the pole barn at 15’ from the lot line instead of the required 23’. John Lonneville seconded the motion.
All in favor. None opposed. Motion carried. Application A-2-16 was approved.

7:16pm – The second item on the agenda Application A-3-16: Area Variance Vernon Engle to build a garage in front of his house at 3738 Mill St Marion, NY.
Martha Rich read through the application and determined the neighbor notifications have been signed. She noted the legal notice, agricultural data statement, map and application is in the folder.

7:17pm –Martha Rich asked Mr. Engle to explain his project.

Mr. Engle stated that he would like to build a garage to park vehicles in as his current garage is to small. He would also like room to put his camper, cargo trailer, and mower. He cannot place the garage behind the house as there is an elevation drop of about 4’. He does not want to place the garage an unreasonable distance from the house as that is where the vehicles will be parked. The doors of the garage will be towards Mill St. The garage will have a 14’ pitch and a 9’ door.

7:20pm – John Lonneville stated his only concern is where the driveway is as it would be a tight corner but where the driveway is drawn on the map will work and not cause an issue.

7:21pm – Gregg Bell asked if the property was still two lots. Mr. Engle sated that they bought the second property back in December 2014 Mr. Engle and his wife put in the paperwork to merge the two properties into one tax parcel but there was a mix up with his wives last name so this is still in the process of being merged.

7:25pm – Gregg Bell stated that because the property is still technically two lots he would need a side variance and not a variance to put in from of his home. Mr. Engle stated he would be ok with a side variance.
Gregg Bell asked how far the house was from the property line of the newly acquired property, Mr. Engle stated around 26’. Gregg Bell stated the decision for a variance should be based on the property being two lots.

7:27pm – John Lonneville stated that granting a zero side variance from the property line instead of a variance of 27’ from the house would make more send and give Mr. Engle some flexibility in case construction issues arise.

7:30pm – Martha Rich asked if the board had any questions. No questions at this point.

7:31pm – Martha Rich opened and closed the public hearing as there no questions/concerns.

7:32pm – John Lonneville made a motion to approve a zero side variance to build a barn from the North property line of tax parcel 65114-16-866471 as long as the building remains the established 35’ setback from the road. Gregg Bell seconded the motion
All in favor. None opposed. Motion carried. Application A-3-16 was approved.

7:34 pm– Martha Rich asked if there was any new business to discuss. No new business.

7:35 pm– Martha Rich stated for old business she wanted to make sure that Mr. Fox application A-1-15 for a special use permit had all appropriate neighbor signatures as a member of the community stated concern that businesses were not properly notified. This was brought up in the meeting October 27, 2015 and all appropriate neighbor notifications were on file.

7:36 pm– Gregg Bell would like to clarify the ordinance just granted. The concern is regarding the 35’ setback of the proposed garage. The 35’ listed on the map provided is from the white line not the right away line.

7:40 pm– Martha Rich stated she drove past the property and looked at the proposed site and there is good visibility so 35’ from the white line would be acceptable.

7:41 pm– Gregg Bell made a motion to amend the first approval to state:
Approval of an Area Variance, Application A-3-16. The Zoning Board of Appeals approved a zero side variance from the north property line of tax parcel 65114-16-866471 and a variance to of 35ft from the white line as shown on diagram in file to build a garage on tax parcel 65114-16-866471. Martha Rich seconded the motion.

All in favor. None opposed. Motion carried. Application A-3-16 was approved.

7:45 pm – Martha Rich moved to adjourn. Nora Craft seconded. Meeting adjourned

Respectfully submitted,
Angela Patterson, Secretary
Town of Marion Zoning Board of Appeals