**TOWN OF GRAND ISLAND** ZONING BOARD OF APPEALS. MINUTES September 7, 2017

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1 **TOWN OF GRAND ISLAND** ZONING BOARD OF APPEALS MINUTES September 7, 2017 MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Chairman Marion Fabiano, Betty Harris, Bob Mesmer, John Braddell, and Tim Phillips None William Shaw, Code Enforcement Officer Rhonda Tollner, Zoning Clerk Chairperson, Marion Fabiano opened the meeting at 7:00 p.m. and introduced the members of the Zoning Board of Appeals and explained the process. NEW BUSINESS: 1) 4614 East River Road David Lyons The property is zoned R-1D. The Applicant was granted a setback variance and a height variance to construct a shed on the shoreline portion of the lot. The applicant is now requesting a height variance for an overhang from the shed over a patio. Appearing before the board was Carol Quarantillo. Mrs. Quarantillo said she was requesting a covered patio which extends off the roofline of the shed on the waterfront of their property. The patio is open as not to obstruct any views of the river. A letter was received from neighbor to the North, Noel Blair, opposing the shed and covered patio because he feels his view has been decreased by the shed. A motion was made by Phillips/ Harris to GRANT the request for a 7.5 ft. height variance for an overhang to a shed that covers a concrete patio at 4614 East River Road. The overhang is not to be enclosed. Ayes: Fabiano, Harris, Phillips Noes: Mesmer, Braddell

2 1. This action will not create an undesirable change in character of the neighborhood 2. The variance request was minimal 2) 1961 Bush Road Gayle Schutrum The property is R-1C. The Applicant is proposing to construct a 6 ft. high fence in the required front yard. The Applicant s property is a corner lot with two front yards. The proposed fence will be located on the Fernwood Lane front yard. Section D of the Town Code set the maximum height of a fence into the minimum front yard of any lot at 3 feet in height, making it necessary for a 3 foot height variance. Appearing before the board was Ms. Schutrum. She said the lot was unique because it was a corner lot and the house was not centered on the lot. She is requesting to fence in the largest portion of her yard which is on the Fernwood side. The 6 ft. privacy fence would extend from the front corner of their house out approximately 20 ft. toward Fernwood to meet the already existing chain link fence in the back yard. A motion was made by Mesmer / Braddell to GRANT the request for a 3 ft. height variance for a 6 ft. privacy fence in the required front yard of Fernwood Lane at 1961 Bush Road. Ayes: Fabiano, Harris, Mesmer, and Braddell, Phillips 1. This action will not create a detriment to nearby properties 2. The Board recognizes the difficulties associated with corner lots 3) 259 Hennepin Road Todd Young The property is zoned R1E. The applicant is proposing to construct a 7 ft. high privacy fence from the west corner of the house out to the existing fence on the west lot line. Section 155D of the Town Code set the maximum height of a fence into the minimum front yard of any lot at 3 feet in height, making it necessary for a 4 ft. height variance. Appearing before the Board was Mr. Todd Young. He explained he too had a unique situation with the lots following a curve in the road. He would like to move

3 his fence from the rear of his house to the front corner of his house, connecting to the back corner of his neighbor s fence. Mr. Young stated he was originally asking for a 7 ft. high fence but 6 ft. is fine. A motion was made by Mesmer / Harris to GRANT the request for a 3 ft. height variance for a 6 ft. fence in the required front yard on 259 Hennepin Road. 1. The requested action will be no detriment to the neighbors 2. The Board recognizes the desire for privacy 4) 1192 East River Road Carol Riley The property is zoned R-1D. The applicant is proposing to construct a 30 x 38 (1140 sf.) Storage building. The Applicant has 569 sf. of existing garage space. The total square footage of the proposed and existing garage space is 1709 square feet. Section of the Town Code set the maximum allowable garage space at 1200 sf., making it necessary for a 509 sf. garage space variance. Applicant sent a letter to the Board explaining her request and absence from the meeting. Speaker Jonathan Leffler, residing at 1182 East River Road, would like to see the size of the building decreased. He feels his view in the back yard will be block by the building and also has concerns about the yard drainage. These lots back up to the back lots on Stony Point Rd. A motion was made by Braddell / Mesmer to GRANT the request for a 509 sq. ft. garage space variance for the construction of a 30 x 38 storage building in the back of 1192 East River Rd. There is to be no commercial use.

4 1. The Board recognizes the need for storage 2. This action will cause no detriment to the neighborhood and the drainage concerns were addressed 5) 2728 Stony Point Road Kiddo s Korner Preschool The property is zonedr-1d. The Applicant is proposing to construct a 4 ft. high chain link fence in the front yard setback. This property is a corner lot and the propose fence will be installed on the Stony Point Rd. front yard. Section 155D of the Town Code set the maximum height of a fence into the minimum front yard of any lot at 3 feet in height, making it necessary for a 1 foot height variance. Appearing before the board was Crystal Harding the Operator of the daycare located at 2728 Stony Point Rd. She explained that they would like to expand the children s play area by moving the fence towards Stony Point. Ms. Harding also supplies the Board with copies of State regulations for preschool which states that a fence must be 4 ft. minimum height requiring a variance. She also presented a letter of approval from the neighbors bordering the fence at 2716 Stony Point Rd. A motion was made by Harris / Phillips to GRANT the request for a 1 ft. height variance for a 4 ft. fence in the required front yard of Kiddo s Korner Daycare at 2728 Stony Point Road. 1. This action will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood 2. The requested variance is minimal for the safety of the children OLD BUSINESS: 1) 2647 Whitehaven Road Elaine Pariso The property is zoned M-2. The applicant is proposing to construct a 160 ft. tall wind turbine. Blade tip height from the foundation is 159 feet and the rotor diameter is 24 feet. The wind turbine will be located 60 ft. from the rear property line, 75 ft. from the west side property line, 400 ft. from the closes dwelling to the west property line and 160 ft. from the storage building on the neighboring lot to the east and 302 ft. from the Pariso s maintenance building to the south. Section Definition states: Building A structure, designed, used, or intended to be used as a shelter of humans, animals or objects, permanently fixed to a site or hauled to a site using an external source of propulsion. Mobile homes and towers

5 shall be buildings for the purposes of this code. Section does not recognize this building (structure) as an accessory use or structure in a M-2, making it necessary to recognize this structure as an accessory use and structure. Section E set the maximum height of an accessory structure at 18 feet, making it necessary for a 142 ft. height variance. A motion was made to close the Public Hearing. A letter was received from applicant Elaine Pariso requesting to withdraw her application for a wind turbine accessory structure and a 142 ft. height variance for that structure. A motion was made by Braddell / Harris to withdraw the request for a wind turbine accessory structure and a 142 ft. height variance for an accessory structure at 2647 Whitehaven Road to comply with applicants request. CORRESPONDANCE: A letter was received from Ms. Carol Riley. A letter was received from Mr. Noel Blair. A letter was received from Ms. Elaine Pariso. A letter was received from Mr. Shawn Fitzgibbons. A motion was made by Mesmer / Harris to suspend the rules and add Mr. Shawn Fitzgibbons written request for a variance extension for the variances granted on March 6, and March 10, 2017, to the Agenda. A motion was made by Mesmer / Phillips to GRANT an extension for the following variances: A 34 ft. closer to the shoreline that the average distance between two adjacent primary structures variance to construct a new single family dwelling at 5465 East River Rd. A 1 ft. side yard setback variance on the East side of the lot to construct a new single family dwelling at 5465 East River Rd. A 1 ft. side yard setback variance on the West side of the lot to construct a new single family dwelling at 5465 East River Rd.

6 APPROVE MINUTES: A motion was made by Harris / Fabiano to Approve the August 3, 2017, ZBA Minutes as written. Ayes: Harris, Fabiano, Phillips, Mesmer, Braddell OTHER MINUTES RECEIVED AND FILED: Board of Architectural Review Minutes July 18, 2017 Planning Board Agenda August 14, 2017 CANCELED Planning Board Minutes-, 2017 Town Board Agenda Regular Meeting #14, Aug. 7, 2017, Regular Meeting #15, Aug. 21, 2017 Town Board Minutes Regular Meeting #12, July 10, 2017, Regular Meeting # 13, July 17, 2017, Regular Meeting #14, Aug. 7, 2017 Long Range Planning Committee Safety Committee Meeting August 10, 2017 A motion was made by Braddell / Mesmer to adjourn the meeting at 7:50 p.m. Minutes prepared by Rhonda Tollner, Zoning Clerk.