ZONING BOARD MEETING TUESDAY DECEMBER 18, 2012 ZONING BOARD 7:00 P.M. TOWN HALL 1529 NYS RTE 12 BINGHAMTON NEW YORK 13901

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1 ZONING BOARD MEETING TUESDAY DECEMBER 18, 2012 ZONING BOARD 7:00 P.M. TOWN HALL 1529 NYS RTE 12 BINGHAMTON NEW YORK PRESENT: ALSO PRESENT: Mr. Donald L. Phillips, Chairman Messrs. Ruston, Waskie, Doolittle, Grannis, & DiMascio Donald G. Walls, Esq. - Town Attorney Russ Hemedinger, Councilperson Thomas Geisenhof, Code Enforcement The meeting convened at 7:00 p.m. at which time Mr. Phillips called the meeting to order and welcomed the audience. Mr. Ruston read a statement which explained how the Zoning Board members are appointed, along with the Board s functions, limitations and duties. Mr. Ruston noted that the reading of this statement not only informs the audience about the Zoning Board of Appeals, but it also reminds the Board members of their responsibilities. Mr. Ruston also read the Notices of Publication for each case, which was duly published, as required by law, and as evidenced by Affidavits of Publication received and placed on file. APPROVAL OF THE MINUTES - Approval of the Minutes for November 27, 2012, Zoning Board Meeting. A motion was made by Mr. Ruston seconded by Mr. Doolittle, to approve the Minutes of the November 27, 2012, Regular Meeting. ROLL CALL: AYES 5 NAYS 0 PUBLIC HEARINGS ********** - SHARON COOK- 130 Ransom Rd. Portion of TM# Amended Application for an area variance to create a lot with less than required road frontage from 240 to 0. Mr. Walls conducted the Public Hearing. Mr. Walls asked Sharon Cook to explain where her parcel would be located in relationship to the entire piece distance from Ransom Rd. 1.

2 Mrs. Cook explained that her parcel would be located approximately 300 from the west line of the Cornell parcel, which is the last house on the left (south) of Ransom Rd. The parcel would be acres leaving about 56 acres left of her mother s (Delores Wood) parcel. Mr. Walls wanted to know if her mother s deed described the right-of-way. Mrs. Cook, explained that per her attorney the deed does describe the right-of-way and she had made a few copies for the board members. That according to the deed they own to the center of the highway. She also had a copy of the neighbor s deed, Michael Mastronardi 129 Ransom Rd., and his deed doesn t say anything about the right-of-way. Mr. Walls wanted the Cook s to understand that they would be responsible to create a driveway for their home and to maintain the driveway as well. Mrs. Cook, explained they understood this and that the driveway would be on their property and not on Mr. Mastronardi. Mr. Walls wanted to know if the Cook s filed their deed with Broome County Clerk and if it conveyed the right-of-way to them. Mrs. Cook explained that they have not filed the deed as they were waiting for the ZBA approval. The deed doesn t include the right-of-way. Mr. Walls wanted to know if she knew what her mother would be doing with the rest of the parcel. Mrs. Cook explained she didn t know. A few years ago they had some of the timber removed. Mr. Walls wanted to know if the variance was approved when they would start construction. Mrs. Cook explained they would start spring of They have a lot to do before they can start. The existing road is good but they will need to widen. Mr. Burton Sturdevant, 138 Wilson Hill Rd., wanted to know how the Cooks would gain access to their parcel. He didn t want to see them use Wilson Hill Rd. for access. Mrs. Cook explained they will use Castle Creek Rd. to Ransom Rd. to enter their property. Amy Ross, 192 Ransom Rd., wanted to know what type of driveway would be constructed. Mrs. Cook explained that the road would be constructed of crushed stone. 2.

3 Matthew Ross, 192 Ransom Rd., wanted to know where the driveway would start. Mrs. Cook explained that the last house on the left (Cornell) is her sister so from her south west boundary it would be approximately 300 to their parcel. Mr. Thomas Geisenhof, Ordinance Office recommends approval of the area variance to create a lot with less than required road frontage from 240 to 0 with the condition that a legal right-ofway is deeded through the Delores F. Wood property and a copy filed with the Ordinance Office. Mr. Walls closed the Public Hearing. Mr. Phillips, Chairman ZBA, read the following correspondence. Broome County Planning has reviewed the application and finds it is not subject to a 239 review. Town Planning Board has reviewed the application and recommends a favorable advisory. Gent Engineering has reviewed the application and finds that this parcel has acreage but no road frontage. The applicant would provide a 25 frontage and 25 long wide driveway to access the property. The applicant would be responsible to maintain the driveway from the end of Ransom Rd. Approval is recommended. Letter from neighbor, Michael Mastronardi, giving permission for Delores Wood and Sharon Cook to file for an area variance with the Town of Chenango. Letter from owner, Delores Wood stating she is giving her daughter, Sharon Cook approximately acres. ************ - Mirabito Holdings Inc. Russell Wark 1165 US Rte. 11 TM# Application for an area variance to allow offsite parking on the opposite side of the road. Mr. Walls conducted the Public Hearing. Mr. Russell Wark, Environmental Manager for Mirabito Energy, was present to answer questions. Mr. Walls, wanted to know if the map submitted complies with the Town ordinance. Also would the parking lot be illuminated, parking spaces (8 6 x 18 ) and the entrance/exit delineated. 3.

4 Mr. Wark, said yes to all questions. Mr. Walls wanted to know why Mirabito was looking for additional parking across the street. Mr. Wark explained that there are a number of cars being parked on the side of the road and are using the park-n-ride as well. We feel there is a safety issue when they park on the side of the road and since we don t own the side of the road we can t have them removed. Mr. Walls wanted to know when the lot would be paved and delineated. Mr. Wark explained that once the variance was approved weather permitting - they would start the next day. Mr. Walls wanted to know if they would allow overnight parking and who was going to maintain. Mr. Wark explained that no overnight parking would be permitted and Mirabito would be plowing etc. Mr. Thomas Geisenhof, Ordinance Office recommends approval to allow offsite parking on the opposite side of the road. Mr. Walls closed the Public Hearing. Mr. Phillips, Chairman ZBA, read the following correspondence. Broome County Planning has reviewed the application and has not identified any significant countywide impacts associated with the proposed project. Town Planning Board has reviewed the application and recommends a favorable advisory. Gent Engineering has reviewed the application and it appears that no effect on the neighborhood would be realized and it will relieve parking on the shoulder of the road. Approval is recommended. NEW BUSINESS ********** - TIMOTHY STOKES 11 LaFrance Rd. TM# Application for an area variance to place two accessory buildings in front of the principle use. 4.

5 RECOMMENDATION - The Ordinance Office finds this application to be complete and would recommend the Board accept and schedule the Public Hearing for January 22, A motion was made by Mr. Waskie, seconded by Mr. Ruston, and unanimously carried to accept this application for an area variance to place two accessory buildings in front of the principle use, and schedule a Public Hearing to be held on January 22, 2013, or as soon as the matter may be heard. ROLL CALL: AYES - 5 NAYS 0 ********* - DDM Realty, LLC Terry Deamer 2518 NYS Rte. 12 TM# Application for an Interpretation of whether a use described in a NC zoning classification would be appropriate. RECOMMENDATION - The Ordinance Office finds this application to be complete and would recommend the Board accept and schedule the Public Hearing for January 22, A motion was made by Mr. Doolittle, seconded by Mr. Waskie, and unanimously carried to accept this application for an Interpretation of whether a use described in a NC zoning classification would be appropriate, and schedule a Public Hearing to be held on January 22, 2013, or as soon as the matter may be heard. ROLL CALL: AYES - 5 NAYS 0 ********* - DDM Realty, LLC Terry Deamer 2518 NYS Rte. 12 TM# Application for a Use Variance to allow a warehouse in an NC zone. RECOMMENDATION - The Ordinance Office finds this application to be complete and would recommend the Board accept and schedule the Public Hearing for January 22,

6 A motion was made by Mr. Grannis, seconded by Mr. Doolittle, and unanimously carried to accept this application for a Use Variance to allow a warehouse in an NC zone, and schedule a Public Hearing to be held on January 22, 2013, or as soon as the matter may be heard. ROLL CALL: AYES - 5 NAYS 0 VOTES ON PUBLIC HEARINGS ******** - SHARON COOK- 130 Ransom Rd. Portion of TM# Amended Application for an area variance to create a lot with less than required road frontage from 240 to 0. A motion was made by Mr. Ruston, seconded by Mr. Doolittle, and unanimously carried to approve the amended application for an area variance to create a lot with less than required road frontage from 240 to 0 with the condition that proof of the existing right-of-way is provided to the Ordinance Office, and before Cook files their deed with Broome County Clerk a copy of said deed is also given to the Ordinance Office showing the conveyance of the right-of-way within that deed. ROLL CALL: AYES 5 NAYS 0 After further discussion from the Board Members it was determined that Ransom Rd. ends before Delores Wood s property. That the tax maps indicate Ransom Rd. extends through Delores Woods property all the way to Wilson Hill Rd. That section of Ransom Rd. does not exist and is considered an abandon road. The Board Members discussed they would be approving the variance but wanted the condition that proof of the existing right-of-way is provided to the Ordinance Office, and before Cook files their deed with Broome County Clerk a copy of said deed is also given to the Ordinance Office showing the conveyance of the right-of-way within that deed. ********* - Mirabito Holdings Inc. Russell Wark 1165 US Rte. 11 TM# Application for an area variance to allow offsite parking on the opposite side of the road. 6.

7 A motion was made by Mr. Waskie, seconded by Mr. Grannis, and unanimously carried to approve this application for an area variance to allow offsite parking on the opposite side of the road. ROLL CALL: AYES 5 NAYS 0 ********* Mr. Phillips, ZBA Chairman, wanted the Board Members to remember that they were given paperwork for the New York State Association of Towns seminars in New York City on February 17 20, If any Board Member is going the deadline to submit is January 4, ADJOURNMENT ********** There being no further business before the Board, a motion was made by Mr. Waskie, seconded by Mr. Ruston, to adjourn the meeting at 7:45 p.m. Respectfully submitted, Nancy Schnurbusch, Recording Secretary 7.

ZONING BOARD MEETING TUESDAY JANUARY 22, 2013 ZONING BOARD 7:00 P.M. TOWN HALL 1529 NYS RTE 12 BINGHAMTON NEW YORK 13901

ZONING BOARD MEETING TUESDAY JANUARY 22, 2013 ZONING BOARD 7:00 P.M. TOWN HALL 1529 NYS RTE 12 BINGHAMTON NEW YORK 13901 PRESENT: ALSO PRESENT: Mr. Donald L. Phillips, Chairman Messrs. Ruston, Waskie,