ZONING BOARD OF APPEALS MEETING WEDNESDAY, June 21, 2017 James Falvo, Chairman of the Town of Peru Zoning Board of Appeals, called the meeting of Wednesday, June 21, 2017 at 7:00 p.m. to order. PLEDGE OF ALLEGIANCE. ROLL CALL: JAMES FALVO, CHAIR ROB BASHAW, VICE CHAIR DWANE BAST THOMAS FUSCO STEVE LABOUNTY TIMOTHY ST. PIERRE CEO: BOB GUYNUP ATTORNEY MATTHEW FAVRO : EXCUSED APPROVAL of April 19, 2017 minutes. MOTION: Mr. LaBounty made the motion to approve. ROLL CALL: Mr. Fusco ~ yes, Mr. LaBounty ~ yes, Mr. St. Pierre ~ yes, Mr. Bashaw ~ yes, Mr. Falvo ~ yes. APPROVAL of May 17, 2017 minutes. MOTION: Mr. Fusco made the motion to approve. SECOND: Mr. LaBounty. ROLL CALL: Mr. Fusco ~ yes, Mr. LaBounty ~ yes, Mr. St. Pierre ~ yes, Mr. Bashaw ~ yes, Mr. Falvo ~ yes. PUBLIC HEARING: Mr. Falvo opens the floor to public hearing. 1
1. APPLICATION 1. Area Variance: Z-2017-020 Shawn Agoney Area Variance Modular 1060 Fuller Rd. Peru, NY 12972 The applicant, Shawn Agoney was here. He is requesting an Area Variance for his Modular. Mr. Guynup shares with the Board that Mr. Agoney is looking for an 8 front yard setback Variance. The existing home at 1060 Fuller Rd. was damaged by fire. They re looking to replace the home with a Modular. In your packet that was mailed to you, is a set of plans from Trims. Not able to meet the setback of 75 that is there, with the porch. There s an in ground pool in the back yard. Dean Lashway did provide a survey. Not able to meet the side setback as well. So, the house will be moved closer to the existing garage that wasn t damaged by the fire. Due to the home coming with a front porch, they will still need to meet the front setback. Mr. Falvo asked if there was an updated application to show as an Area Variance not as an Expansion. Mr. Guynup shares with the Board that it went in the Press Republican as an Area Variance. Mr. Falvo states that we all agree that we need to amend the application to appeal to the Zoning Officer for an Area Variance. All Board members agree. Mr. Falvo shares that we are looking at an Area Variance. The Board views the application as well as the map that was drawn up by Mr. Agoney. There was a discussion on the measurements. Mr. Way shares with the Board that 75 measures from the center of the road to the house. Need a 10 Variance to accommodate the porch. The porch will have a roof which will be 8 x 26 includes a 2 overhang. 7:12 pitch roof on the house. Survey map was added to the application. No other comment from the Board. MOTION: Mr. Fusco made a motion to approve a 10 Variance for the front setback to accommodate a porch and overhang. SECOND: Mr. St. Pierre. 2. Use Variance with SEQR: Z-2017-021 Ed Garrow and Sons, Inc. Use Variance Warehouse/Distribution 3452 Route 22 Peru, NY 12972 2
The applicant, Ed Garrow and Sons, Inc. was here. They are seeking a Use Variance for a Warehouse/Distribution Center. Mr. Guynup shares with the Board we will be following the SEQR Cookbook. Any Use Variance forth coming with this Board will need to fill out a SEQR form. We have them in our office. It s another step that we need to follow. So with this application there is a SEQR. Larry Garrow was here to represent Ed Garrow and Sons, Inc. and to answer any questions the Board may have about the project. There was a handout that was prepared by Mr. Garrow. It was emailed to the Board members prior to the Zoning Board of Appeals meeting along with part 1 of the SEQR that the applicant filled out for them to view. This handout relates to the Town Law Section 267-b. There was a discussion in regards to this handout between the Board, Mr. Garrow and the Town s Attorney, Matthew Favro. In the Zoning Code on pg. 136, Section 707 D2 covers Use Variances and the four conditions that the Board requires in order to grant a Use Variance. SEQR REVIEW: Part 1 of the SEQR was viewed by the Board. Mr. Guynup declared it as an unlisted action and the Town of Peru as the Lead Agency. Attorney Matthew Favro explained the SEQR process to the Board; Read part 2 of the SEQR as the Board answered the questions provided. MOTION: Mr. Bashaw made a motion to declare a negative impact on the environment. SECOND: Mr. LaBounty. ROLL CALL: Mr. Fusco ~ yes, Mr. LaBounty ~ yes, Mr. S. Pierre ~ yes, Mr. Bashaw ~ yes, Mr. Falvo ~ yes. In Mr. Garrow s handout, he goes over the size of the building, the acreage, the cost of converting from commercial to residential. This would cost $73,000 due to not having enough road frontages for a subdivision. Shared the agricultural aspect of the property as well as the cost of demolishing the building and tearing up the parking lot to turn into a lawn. The total cost of this would be roughly $40,000. Explained that this is what their company does but these figures are as if someone called to have this done. These are just a few items that were discussed. The Mission of Hope would have a less of an impact to use then as a fitness center as it was used previously. The handout that was provided by Mr. Garrow has supporting documentation for the four conditions required for a Use Variance and has been added to his file. Mr. Charette, Sally Kokes and Sister Debbie were here to represent the Mission of Hope. Each of them spoke on how the Mission of Hope got started, the purpose of this organization and how important the Mission of Hope is to all walks of life. They collect donations and ship to Nicaragua as well as help different organizations and families in need locally, regionally and worldwide. They are housed in different locations. Seton Catholic provides them with the space for training purposes, the JCEO provide space for their meetings as well as video meetings with people in Nicaragua. Having this space would allow them to create a training room, conference room, and have warehouse space. They would be 3
ADA compliance with a men and women restrooms, would update the building as it is in need of repairs. In addition, they would move some walls and replace windows, etc. The 18 wheeler is four times a year, open from 9 to midafternoon. A schedule of hours and days of operation was provided by Sister Debbie who is the founder of the Mission of Hope. This organization has been in effect for the past 20yrs. now. Mr. Falvo opens the floor to open comment on this particular matter. Don McBrayer who is the one of the Town Councilmen, Town Liaison, part of the Knights of Columbus and many other organizations shares with the Board the importance of the Mission of Hope and the positive impact he feels they would have on the Community of Peru. He feels they are a great fit for this building. Jim Douglas who is one of the Town Councilmen also feels it s a great fit for this building and a positive impact for this community. Patricia Jaehn, who spoke on her mother s behalf, stated that her mother lives across from the entrance of the building and her request is if it becomes the Mission of Hope that they mow the lawn. Sally Kokes who is the president of the Mission of Hope shares that it takes two to three hours to fill a container, they are there one morning a week. There are two trips a year and three trainings which are an hour and half long. Sister Debbie and her assistant are there every day. So there really isn t much traffic. MOTION: Mr. St. Pierre made a motion to go into executive session. ROLL CALL: Mr. Fusco ~ yes, Mr. LaBounty ~ no, Mr. St. Pierre ~ yes, Mr. Bashaw ~ yes, Mr. Falvo ~ yes. Board went into executive session to discuss with the Town Attorney at 7:45 p.m. MOTION: Mr. Bashaw made a motion to return from executive session. Mr. Falvo recapped the four conditions that are required for a Use Variance. After discussing each condition with the Board, it was clear that Ed Garrow and Sons, Inc. met all four conditions. These four conditions are as follows: 1. The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; the applicant met with Dean Lashway of DHL Surveying. Mr. Lashway informed them that the property pretty much excluded any residential uses for the property. They would need to build about 400 of Town road into the property in order to subdivide it into two parcels. Building this road to Town specs would cost in excess of $73,000. The existing 5352 sq. ft. building doesn t lend itself to residential use. It is a commercial structure and has never been used residentially. Considerable renovations would be 4
needed, and it is not zoned for multi-family units. The result of the conversion to residential use would be one single family unit of 5352 sq. ft. Agricultural uses including farming, growing crops, raising livestock such as chicken, cattle, hogs would require more acres of usable land. The property consists of about 8 acres which is about 50% is covered by native trees. Removing the trees would only partly complete the process of increasing the usable land for agriculture. A considerable amount of fill would have to be added to raise the land in the wooded area as well. The property drops off several feet in this area. Converting this property into residential use or agricultural use would conflict with Section 213 R Rural objective to maintain native vegetation. 2. The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; the entrance to the property is a path approximately 50 x 200. At this point only one entry/exist. Due to the layout of the property, there is no efficient way to subdivide. In addition to being almost land-locked, the property is too small to get the number of subdivided lots necessary for development. 3. The requested use variance, if granted, will not alter the essential character of the neighborhood; the use of the property by the Mission of Hope would not change the essential character of the neighborhood. The building and parking lot will not change size. They are not requesting cutting of the wooded area of native vegetation. No changes except normal building improvements are being requested. 4. The alleged hardship has not been self-created. Ed Garrow & Sons, Inc. did not create this situation. The commercial building, property layout, and entry/exist point off Rt. 22 existed in 1989. The building and property has been used in a commercial manner since 1989 and approved by the Town of Peru. In conclusion we feel the Mission of Hope will not change the the look and feel of the property. The criterial use by the Town to allow the Knights of Columbus and 2 fitness centers should allow the Mission of Hope s use. Ed Garrow & Sons, Inc. does not feel this property should be converted in to poultry farm. While it would be permitted, without site plan review, it would change the look and feel of the property and the neighborhood. We believe the Mission of Hope allows for the best possible and most sensible use of the property. No questions or concerns from the Board. MOTION: Mr. Bashaw made a motion to approve the application as all four requirements have been fully met. 3. Area Variance: Z-2017-022 Martin Cumber Area Variance Garage 69 Fox Farm Rd. Plattsburgh, NY 12901 5
Mr. Falvo shares with the Board that unfortunately Mr. Cumber had to leave this evening, so at this time we need a motion to table until next month. MOTION: Mr. LaBounty made a motion to table the application until next month. 4. Use Variance with a SEQR: Z-2017-023 Paul Hart, Jr. Use Variance Appealing the decision of the CEO allowing goats for a Hobby Farm 62 Elm St. Peru, NY 12972 The applicant, Mr. Hart wasn t present. He is seeking a Use Variance appealing the decision of the Codes Enforcement Officer allowing goats for a Hobby Farm. Mr. Guynup shares with the Board that Mrs. Grigware and I received a call from Mrs. Hart informing us that they were unable to attend the meeting as her father in- law is in the hospital over at UVM in VT. He is listed in critical condition. Mr. Guynup received a complaint in regards to this residence having chickens, goats, and a rooster. A letter was sent certified return receipt informing them that according to the Zoning Law, they are not permitted in that area. He received a call in regards to this matter. He explained that in the Zoning Code, they are considered a farm animal and in order to have a Hobby Farm, you must have at least 3 acres of land. In addition to this, a Hobby Farm isn t permitted in that area. He realized that the goats were left off the first letter so another letter went out including the goats. This letter was also sent out certified return receipt. This letter was returned after the 2 nd notice. Mr. Hart submitted an application with a letter supporting their reasoning for having the goats and also had a petition signed by local residence that is in favor of them keeping their goats. Attorney Matthew Favro explained that he researched the NY definition of animals, pursuant to the NY Agriculture and Market (A&M) Law. He discussed this with the Board. MOTION: Mr. Fusco made a motion to table the application until next month. SECOND: Mr. LaBounty. ANY FURTHER BUSINESS: 6
There was a discussion on whether changing the Zoning Law, updating what s allow/not allowed as in definition. Attorney Matthew Favro will send a copy of the Agriculture and Market (A&M) Law to the Board for a reference. Discussion on training requirements. Mr. Guynup shared with the Board that he would like to go paperless and send out the Zoning Board Applications that Mrs. Grigware prepares each month via e-mail as it becomes quite costly depending on the number of applicants we have for any particular month. In doing this, he hopes to be able to save some money in the Codes Office. He also suggests having mailboxes installed here at the Town Hall for pick-up as well. The Board agrees to give it a try. Discussion on the Codes Officer taking digital photos of the project and add to the packets. CEO REPORT: April - 2017 - Twelve Building Permits issued. - $1958.50 in fees collected. - Attended Town Board, Planning and Zoning Board of Appeals meetings. - Two Certificate of Completions/Certificate of Occupancies issued. - Six Planning Board applications received. - One Zoning Board of Appeals application received. - Two Order of Remedy Violations issued. - Continued inspections on open permits. - Research on Buttonwood Subdivision. - Met with Attorney Schnellar and Gary Favro on Lemos matter (retaining wall on Twin Creek Dr.) May -2017 - Seventeen Building Permits issued. - $5325.55 in fees collected. - Attended Town Board, Planning Board and Zoning Board of Appeals meetings. - Three Certificate of Completions/Certificate of Occupancies issued. - Three Planning Board applications received. - Four Zoning Board of Appeals applications received. - Four Order of Remedy Violations issued. - Continued inspections on open permits. ADJOURNMENT: MOTION: Mr. Bashaw made a motion to adjourn at 8:50 pm Voice vote: All agreed Meeting adjourned. 7