MARION ZONING BOARD OF APPEALS MINUTES
May 31, 2016

 

Time: 7:04pm. Gregg Bell called the meeting to order.

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

Also present: Jesse Rowe, David Kords, Darrin Milliken, Gary Lau, and Ron Lonneville

7:06 pm – Gregg Bell asked the board if they were any comments or questions regarding the previous meeting minutes. No comments.

Martha Rich made a motion to approve the minutes from April 26, 2016. John Lonneville seconded the motion. All in favor. None opposed. Meeting minutes approved.

New Business: Gregg Bell stated that there are two items on tonight’s agenda.

7:07pm – The first item is Application A-4-16: Area Variance for Jesse Rowe to build a pole barn at 10ft from the property line in the back and side of property instead of the required 18ft due to building height.

Gregg Bell read through the application and determined the neighbor notifications have been signed but not notarized. He noted the legal notice, agricultural data statement, map and application is in the folder.

7:10pm –Gregg Bell asked Mr. Rowe to explain his project.

7:11pm – Mr. Rowe 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. There are leach fields/septic system on the sides of the house that will prevent Mr. Rowe from being within the 18ft required. He would like to build the pole barn to store his 2 trucks, van and trailer. He will also use for personal storage for his landscaping equipment. The pole barn will be used as a place to work on personal vehicles.

7:13pm –Gregg Bell clarified that the application for appeal is because the building will be 18’ feet high, therefore should be 18’ from the lot line and Mr. Rowe would like it 10’ from the lot line on the side and back of the property. Mr. Rowe stated this is correct.

7:14pm –Gregg Bell opened the Public Hearing.

David Kords, 3855 Huntley Rd Ext, voiced his opposition to the application. He stated he was not notified nor was his tenant in regards to the information for the application. Mr. Rowe did ask him to sign the neighbor notification previously but Mr. Kords refused. Gary Lau explained to Mr. Kords that information for the application is available at the Town Hall but it is not procedure to mail out the information to all neighbors. Mr. Kords stated the pole bard would be an eyesore from his property. He also stated that the map Mr. Rowe provided regarding the septic system is of his property and it is different than Mr. Rowe’s.
David Kords stated that his main concerns regarding the application are:
Lot is too small for such a large pole barn; the pole barn will be larger than the house.
He is concerned about Mr. Rowe and family making noise late at night working on vehicles. He stated that the reasoning for 18ft high is to put a car lift in and he is already having noise issues with the neighbors working on vehicles late at night.
Location and size may take away from the property values of Mr. Kords.

7:22pm –Mr. Rowe states that he will only be working on his personal vehicles doing small things like oil changes and tire changes and do not play on working on them at night.

7:26pm –Mr. Kords bought all the land on a private road except for Mr. Rowe’s house so he could have peace and quiet and not deal with noise and eyesores.

7:27pm –Gregg Bell tabled the Public Hearing as there is opposition.

7:27pm – Jack Guinan clarified that even though we have a lot information we still need to vote only on the 10ft from the back and side of the property.

7:30pm – Gregg Bell suggested to Mr. Rowe that having the site work contractor available for questioning would be helpful in addressing Mr. Kords issues.


7:31pm – Martha Rich stated the board should table the application as we need to get additional information from the applicant. Gregg Bell covered the requirements for area variance so Mr. Rowe would know what information the board is looking for.

7:33pm – John Lonneville made a motion to table application A-4-16: Area Variance until next month when the Board can be provided with a better site plan and additional information. Martha Rich seconded the motion.

All in favor. None opposed. Motion approved. Application A-4-16 was tabled.

7:35pm – Martha Rich told Mr. Rowe that he needs to provide the Board with the exact location of the leach field which Gary Lau should be able to assist with.

7:45pm – The second item on the agenda Application A-1-16: Special permit — Robert Case, establish two studio apartments in the west, front building of the migrant camp, 3833 Walworth-Marion Rd

7:46pm – Gregg Bell read through the application and determined the neighbor notifications have been signed. He noted the legal notice, agricultural data statement, map and application is in the folder. Gregg Bell also read out loud the letter form the Wayne County Planning Board and a letter from the Town of Marion Planning Board both of which recommend disapproval.

7:53pm –Gregg Bell asked Darrin Milliken, the contractor for Mr. Kase, to explain his project.

Mr. Milliken stated that Mr. Kase would like to make changes to only one of the buildings at 3833 Walworth-Marion Rd to make it into a 2 bedroom apartment. There will be no external changes just internal. The reason for making the building into an apartment at this time is to lower insurance cost (occupied buildings have lower risk to insurance companies) and earn income to pay the property taxes until the land can be developed into the business district.

7:55pm – Gary Lau stated that he spoke with Mr. Kase regarding the application. Mr. Kase bought the land to grow in the business district, his intent is not to use as a residential district. Mr. Kase looks at the property as a developmental opportunity but until that time would like to supplement with the small apartments. Gary Lau stated Mr. Kase is just looking to decrease insurance costs and maintain the property.

7:58pm – John Lonneville confirmed that the building in question is the only building that is winterized and has individual plumbing.

8:00pm – Gregg Bell asked if it was known why Mr. Kase has not yet rezoned the property to B-1 as he is planning on using it for business development. No one was awar5e of the reason for not doing this.

8:01pm – Gregg Bell noted that efficiency apartments are not allowed in residential zones, they are only allowed in B1 so it would be better for Mr. Kase to apply to be rezoned into the business district.

8:05pm – Martha Rich made a motion to table the application so the Board can have a chance to discuss additional plans and the concerns of the other Boards with the applicant. Kim Pezza seconded the motion.

All in favor. None opposed. Motion approved. Application A-1-16 was tabled.

8:30pm – Gregg Bell asked if there was any additional business, old or new. No new or old business.

8:31 pm – John Lonneville moved to adjourn the meeting. Jack Guinan seconded. Meeting adjourned

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