MARION ZONING BOARD OF APPEALS MINUTES

December 29, 2020

Time: 6:34pm. Gregg Bell called the meeting to order.

Present: Gregg Bell, Zachary Bartlett, Dan Sargent, Michael Hershelman and Martha Rich
Absent: John Lonneville

Also present: Chris Springer, Sue Taylor, Anne Taylor, James Miller and Craig Schwartz

6:35 pm – Gregg Bell announced that the voting members are Gregg Bell, Michael Hershelman, Dan
Sargent, Zachary Bartlett and Martha Rich

6:36 pm – Gregg asked the board if they had any comments or questions regarding the previous meeting
minutes or workshop summary. No comments.

Martha Rich made a motion to approve the minutes from August 25, 2020 and workshop
summary Zachary Bartlett seconded the motion. All in favor. None opposed. Motion carried.
New Business: Gregg Bell stated that there is one on tonight’s agenda.

6:37pm –Application A-8-20: East Properties, LLC: Requesting a special permit and area variances to
remove garage from property and build apartment unit. Already has existing 2-unit apartment building at
3692 Mill St Marion, NY

6:40pm – The board was presented with proof of the neighbor notifications and had no questions.
Gregg Bell and the board reviewed the Agricultural Data Statement, no significant findings or
questions from the board.

Gregg Bell and the board reviewed the SEAF which is on file in the applicant’s folder.
Gregg Bell asked applicant what the plan was to mitigate drainage?
Mr. Springer state he plans to install lawn drains ad catch basins. Also, gutters will go to an underground
swail.

Martha Rich made a motion to approve the Neighbor Notification, Agriculture Data Statement and
SEAF contingent upon confirmation that the property is not in a flood plain. Daniel Sargent seconded the
motion. All in favor.

6:50pm –Gregg Bell asked Chris Springer to explain the project
Mr. Springer stated he would like to build a two-unit Townhouse structure on the property where the old
garage use to be. There is currently a duplex on the property. He tried to center all setbacks as best as
possible. The structure will be 35’W X 32’LX26’H. The structure would be on a slab without a basement
with a mechanical room on the first floor and the back would have a concrete stoop.
Dan Sargent asked if approved how many units would be in all 4 units?
Chris Spring stated 9 bedrooms.

Michael Hershelman asked where the utilities will run?
Mr. Springer stated the utilities will run under the new proposed driveway.

6:56pm –Gregg Bell opened the Public Hearing.

6:57pm –James C. Miller, a neighbor to the property has the following questions:

Where will the tenants park?
Will this affect taxes?
Where will the snow go?
Will this lead to increased noise?

6:58pm –Chris Springer answered the questions of James Miller:
Where will the tenants park?
There will be 2 designated stalls per unit. The lease will stipulate the # of cars allowed and the specified
parking places and shown in the drawing presented to the Board
Will this affect taxes?
Unknown
Where will the snow go?
Snow from the south driveway will go into the old garage footprint. Snow from the north will be by the
front deck and towards the Northeast swail.
Will this lead to increased noise?
This is unknown; however, apartments will be at the upper rate of market value.

7:01pm –Sue Taylor, neighbor at 3702 Mill St.
Concerned over increased traffic from the additional units. Also has concerns over the additional
parking needed in such a small space and safety of the children with increased traffic/vehicles.
In the past residents have not respected her property lines and in the past she has had people
having parties on her yard and is concerned with additional people next door her yard will be used as
there is little yard left after an additional unit.
The neighbors will be dealing with the issues not the owner of the property as he is not on site.
She also wonders how long construction will last. Mr. Springer states 4-5months.
Ms. Taylor asked the Board to think about what the applicant is asking to do in such a small lot.
Are we opening Pandora’s box so others can add additional structures with limited space around town,
this will take away from the nostalgia of our community?
There is also concerned that in such a small lot there is no room for children to play as most of the lot will
be taken up with structures and parking.

7:12pm –Gregg Bell closed the Public Hearing.

7:14pm –Gregg Bell reviewed the Area Variance worksheet with the Board, completed worksheet is
available in applicant’s folder.

7:41pm – Gregg Bell asked the board if they had any additional questions of comments.
Zachary Bartlett asked the applicant if this does not pass has, he entertained the idea of a smaller
one unit on the property, such as a single-story Ranch to shrink the project footprint?
Mr. Springer stated he will give it thought but was trying to do two units as it was more cost
effective.
Martha Rich stated she would vote to deny the project for the following reasons:
Size of the property/lot size
Egress
Character of neighborhood
Setback
Parking

7:41pm –Martha Rich made a motion to deny the application.
Daniel Sargent seconded the motion

7:41pm – Motion to deny application A-9-20 Special Permit for East Properties LLC at 3692 Mill St
Marion, NY
Zachary Bartlett-Yes; Daniel Sargent-Yes; Gregg Bell-Yes; Michael Hershelman-Yes; Martha Rich-Yes
Motion carried to deny special permit for application A-9-20.

7:49pm – Martha Rich made a motion to not approve area variances as Special Permit was denied.
Daniel Sargent seconded.
All in favor, none opposed. Motion carried

7:50pm – No old business

7:51pm– Martha Rich moved to adjourn the meeting. Michael Hershelman seconded. Meeting
adjourned

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