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Zoning Board Meeting July 28, 2020

MARION ZONING BOARD OF APPEALS MINUTES

July 28, 2020

 

Time:  6:37pm.  Gregg Bell called the meeting to order.

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

Absent: Andrea Vandergrift and Michael Hershelman

Also present: Greg McMahon, Debra Kinder and Amy Nuessle

6:38 pm – Gregg Bell announced that the voting members are Gregg Bell, John Lonneville, Dan Sargent, Zachary Bartlett and Martha Rich

 

6:39 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 June 30, 2020 and workshop summary from July 21, 2020. John Lonneville seconded the motion. All in favor.   None opposed.  Motion carried.

 

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

 

6:40pm – The first item is Application A-7-20: Debra Kinder – Requesting an area variance for a 150.32’ right of way where 175’ is required for a future subdivided lot at 4545 Eddy Ridge Rd Marion, NY 14505.

 

Zoning Ordinance: 308-Attachment 2

 

Gregg Bell asked Ms. Kinder to explain her request:

Greg Mcmahon stated that the property at 4545 Eddy Ridge Rd is a family owned parcel, owned by Ms Kinder’s mother and sister. She will be subdividing a portion of that property and will need a variance for the right of the way to be 150.32’ where 175’ is required

 

 

6:51pm – 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.

 

Martha Rich made a motion to approve the Neighbor Notification, Agriculture Data Statement and SEAF. Daniel Sargent seconded the motion. All in favor.

 

6:52pm –Gregg Bell opened the Public Hearing.

 

6:53pm –Gregg Bell closed the Public Hearing as there were no members of the public with any comments.

 

6:55pm –Gregg Bell reviewed the Area Variance worksheet with the Board, completed worksheet is available in applicant’s folder.

 

6:56pm – Gregg Bell asked the board if they had any additional questions of comments.

 

No additional questions at this time.

 

6:57pm –John Lonneville made a motion to approve the application requesting an area variance for a 150.32’ right of way where 175’ is required for a future subdivided lot at 4545 Eddy Ridge Rd Marion, NY 14505.

 

Marth Rich seconded the motion

 

6:58pm – All approved. None opposed. Motion carried Application A-7-20 approved.

 

6:59pm – The second item is Application A-6-20: Amy Nuessle – Requesting special permit to serve alcohol at an event venue within 500ft of the school

 

Gregg Bell asked Mrs. Nuessle to explain her request:

 

Mrs. Nuessle explained she will be purchasing the Masonic Lodge next to the Elementary School on Main St in Marion to turn into a wedding/event venue. She is a full service venue as she takes care of all the detail, except food/alcohol. She will need the special permit as there may be alcohol at events and the venue is within 250ft of the school. The vendor who is catering the event will have to obtain a one day permit from NYS to serve the alcohol with the catering permit. The events will be held when school is not in session.

 

7:01pm –Zachary Bartlett asked if there was a state guideline

Mrs. Nuessle stated that per the ABC law the vendor would need a permit for the specific event and food must be provided also.

 

7:07pm – 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.

 

Martha Rich made a motion to approve the Neighbor Notification, Agriculture Data Statement and SEAF. Zachary Bartlett seconded the motion. All in favor.

 

7:10pm –Gregg Bell opened the Public Hearing.

 

7:11pm –Gregg Bell closed the Public Hearing as there were no members of the public with any comments.

 

7:08pm – Gregg Bell asked the board if they had any additional questions of comments.

 

Dan Sargent asked if the vendor had to get a permit for every event. Amy Nuessle stated that the vendor permits are only good for 24hrs so each event would require a new permit.

 

7:24pm –Gregg Bell reviewed the Special Permit worksheet with the Board, completed worksheet is available in applicant’s folder.

 

8:03pm –John Lonneville made a motion to approve the application for a special permit to serve alcohol at an event venue within 500ft of the school with the following stipulations:

  1. Privacy fence/landscaping on the North side of the building
  2. When school is in session events that have alcohol will be limited to Friday evenings and all-day Saturday and Sunday. When school is not in session events can be scheduled at any time.
  3. Due diligence will be done by the applicant to schedule around any major school event listed on the school calendar. If the calendar is updated after event is booked, applicant is not responsible to change event date.

Martha Rich seconded the motion

 

8:05pm – All approved. None opposed. Motion carried Application A-6-20 approved with stipulations above.

 

8:06pm – No old business

 

8:07pm – Martha Rich moved to adjourn the meeting.  Zachary Bartlett seconded.  Meeting adjourned

 

Respectfully submitted,

Angela Patterson, Secretary

Town of Marion Zoning Board of Appeals