MARION ZONING BOARD OF APPEALS MINUTES
June 28, 2016

Time: 7:04pm. Martha Rich 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, Jill O’Connell, Mark Oswald, Robert Kase, Duane Smeatin, and Gary Lau

7:06 pm – Martha 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 May 31, 2016. Jack Guinan seconded the motion. All in favor. None opposed. Meeting minutes approved.

New Business: Martha Rich 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.

Martha Rich invited Jesse Rowe and contractor Mark Oswald up to re explain the application. Mr. Rowe explained that since the last meeting he has been able to find his leach lines and found that he needs a 10’ side yard setback but the backyard setback can be within code at 18’.

John Lonneville asked how far the leach lines would be from the proposed building; Mr. Rowe stated it would be around 1’-2’.

7:10pm –Gregg Bell stated a question from last month was in regards to the drainage issue. Mr. Oswald stated there is a swale on the North side of the building that he plans on placing a corrugated pipe in so they are able to not interrupt the flow of water. This will maintain any possible water issues and will keep swale unobstructed.

7:13pm –Martha Rich reopened the Public Hearing.

7:14pm – David Kords, 3855 Huntley Rd Ext has several questions regarding the application.
1. Would like to see the site plan that was discussed at the last meeting that was to be presented tonight.
-Jack Guinan stated the site plan was suggested not mandatory
2. Concerned there will still be a drainage issue.
-Mr. Oswald stated they are putting in 80’ of culvert pipe East to West so swale will be maintained.
3. Disagrees that the 10’ measurement is incorrect and the building will be closer than that and the building will be too large for the property
-Jack Guinan explained the discussion for the Board if the offset of the building not where it is ending up. Gregg Bell stated the size of the building is not what the Board is debating and reiterated Jack Guinan’s statement. Mark Oswald stated they could set back within 1’-2’ of leach line which would be the 10’ from the property line.
4. Noted the leach field map that is given is not correct
-Jesse Rowe stated that he found some of the leach lines and tagged them. Gregg Bell stated this would only affect the homeowner and no other properties.
5. The agricultural statement filled out by the applicant does not contain correct information. The property does have wetland.
-Gary Lau stated the property on the application does not have wetland and the wetland on the adjoining property is far enough away it will not affect the 100’ wetland barrier. Gary Lau stated as far as the water runoff that would be ideal for wetlands.
6. Where will the water from the driveway go?
-Jesse Rowe stated the driveway is crushed stone. Gary Lau stated that less absorption will go into the ground but will not cause a detrimental situation.
7. Concerned that with the pole barn closer to his own property the property value will decrease.
-Gary Lau stated that code does not address this specific concern or the view from his property as putting the shed elsewhere would cause undue hardship.
8. Concern that there will be a lot of noise as the pole bard will be used for automotive repairs.
-Jesse Rowe stated he does not stay up late due to his work schedule so there will not be noise late at night and he will only be working on personal and family vehicles.

7:37pm – Jill O’Connell, the tenant that rents the property from David Kords next to the applicant, said he main concerns are the noise and size of the building as she does not want to lose the view of her birds.

Jack Guinan asked Mr. Rowe if he did any work on cars now. Mr. Rowe stated he did and will continue to do around the same amount of work. Jack Guinan pointed out that with the pole barn this would reduce the noise if anything.

She sated she did not want the eyesore off her back deck.

7:40pm – Martha Rich asked if there was any other questions or comment from the public. None at this time. The Public Hearing was closed.

7:41pm – Martha Rich and the board completed the impact assessment section of the application which is on file in the applicants folder.

7:45pm – Martha Rich and the board reviewed the five criteria for an area variance listed in section 602.2 of the ordinances. The answers to the questions are as follows:
a) Yes b) Yes c)No within our scope d) Yes e) No

7:50pm –Gregg Bell moved to approve a side yard setback of 10’ while maintaining a setback of 18’ from the rear. John Lonneville seconded the motion. All approved. None opposed. Motion carried Application A-4-16 approved.

7:54pm – The second item is A-1-16: Special permit — Robert Case, establish two studio apartments in the west, front building of the migrant camp, 3833 Walworth-Marion Rd.

7:55pm –Gregg Bell stated that according to the code 803 section 1 efficiency apartments are only permitted with a special permit in B-1 district. Mr. Bell stated we reached out to the Town Assessor regarding tax implications if the property was rezoned. According to the Town Assessor, “The assessment would not change until the use changes. NY State law is to value the properties at current use. The zoning will have no impact on the assessment until the use changes and even then it may have little to no change in assessed value. I would have to reassess the property when the use changes to make a decision as to the value.”

7:56m – Mr. Kase having the property zoned commercial is not beneficial to him at this time but if there would not be any consequences he does not see an issue with it. Gregg Bell reiterated the apartments would only be allowed in the B-1 zoned district.

7:59pm – Gregg Bell stated the Board does not see and issue with the application just wants to make sure they are within code.

8:04pm – Per Gary Lau the Town Board is onboard with rezoning the property to B-1.

8:05pm – Martha Rich reopened the Public Hearing and closed it as there were no members of the public to speak.

8:06pm – Martha Rich and the board completed the impact assessment section of the application which is on file in the applicants’ folder.

8:10pm – Gregg Bell made a motion to grant a special permit for the one building specified in the application under the condition the entire property is rezoned to B-1. Martha Rich seconded the motion.

All in favor. None opposed. Motion approved. Application A-1-16 approved under condition of rezoning.

8:15pm – Martha Rich asked if there was any additional business, old or new. It was brought up that the training requirements for the board will be updated; this will be discussed at a later time.

8:18 pm – Martha Rich moved to adjourn the meeting. Jack Guinan seconded. Meeting adjourned

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