TOWN OF FARMINGTON ZONING BOARD OF APPEALS MEETING MINUTES. Approved MINUTES

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1 TOWN OF FARMINGTON ZONING BOARD OF APPEALS MEETING MINUTES Approved MINUTES The following minutes are a written summary of the main points that were made and the actions taken at the Town of Farmington Zoning Board of Appeals meeting held on August 26, Zoning Board of Appeals Members Ann Vu Chair Gary Scribner Wesley Pettee Adrian Bellis Cyril Opett Town Staff Members Ron Brand Floyd Kofahl Director of Development Code Enforcement Officer Also David Cooper Contractor representing Lena Martin Open Meeting Ann Vu called the meeting to order at 7:00 pm. She explained the emergency evacuation procedures and rules of procedures of the meeting and stated that copies of the evening s agenda and legal notices were available on the table by the door. Approval of Minutes Adrian Bellis made a motion to accept the August 5, 2013 meeting minutes and Ann Vu seconded the motion. A voice vote was taken and the motion was passed with five (5) s. BOARD BUSINESS: Ann Vu stated that the Legal Notices were published in the town s official newspaper the Daily Messenger on Monday, August 19, 2013 for tonight s Public Hearings. 1

2 ZB Lena Martin Area Variance The applicant is requesting an area variance to the provisions in Article V, Chapter A. to the Farmington Town Code. The applicant wishes to locate a 100 square foot gazebo, an accessory structure, in the front yard portion of the site. Accessory structures are to be located only in the rear yard portion of a site. The property is located at 5731 Bean Pole Circle and is zoned R-7.2 Planned Subdivision District. Ann Vu declared the Public Hearing open. David Cooper is present and is the contractor representing Lena Martin, the applicant. Ann Vu then asks Mr. Cooper to please explain to the Board Members the plans for the proposed placement of the gazebo. Mr. Cooper starts by explaining that there is an existing deck at this location. He then approaches the Board Members to show them pictures of the applicant s lot and describes placement of the proposed structure. He states that the gazebo will have four posts with a four sided roof and will be a 10x10 size structure placed on the existing deck. Ann Vu then asks Mr. Cooper to show the members the existing deck in the pictures. Mr. Cooper explains that it is a landscaped area where the deck was constructed level to the ground. Wesley Pettee asks Mr. Cooper if the deck is resting on top of the ground. Mr. Cooper states that it is with no concrete foundation or posts. Adrian Bellis then asks what the height of the proposed structure will be. Mr. Cooper states that it will have six foot side walls from the top of the deck. The gazebo will be constructed with four corner walls and a plastic railing on both sides with an opening on one side and plastic lattice on the back anchored to the deck. Ann Vu asks if the gazebo will be taller than the neighbors existing stockade fence. Mr. Cooper states that it will be slightly taller and the roof of the gazebo would be visible. Gary Scribner asks if there are plans to run electricity to the structure. Mr. Cooper says there are no plans for electric and that the applicant would only be using the structure as a place to get out of the sun. 2

3 Ann Vu then asks for comments from the staff. Mr. Kofahl explains that there is a lot of hardscape that has been done to this lot. He also explains that anytime a deck is constructed on the surface of the ground it is not considered a deck it is a patio. A patio can be constructed out of wood, stone, etc. and is not required to have footers and neither is a free standing gazebo that may be placed upon the patio. The only time footers are required is if it is attached to an inhabitable structure or the structure is of significant size. He states that there are no issues with the existing surface patio that is made out of wood. Mr. Kofahl adds that the property has been well maintained with landscaping and the existing trees make a very nice buffer as well as the neighbors fences. He explains that if you drive around the neighborhood there are a few points where the backyard is visible. He states that the proposed placement of the structure is a good location from the neighborhood impact standpoint. Mr. Kofahl also explains that there is no permit required for the existing patio only for the gazebo. Ann Vu asks Mr. Kofahl again about the lack of footers on the existing patio. Mr. Kofahl explains that from a code standpoint there are no issues. Mr. Brand then informs the Board the he has drafted and posted upon the town s website two Resolutions for them to review. One of which are SEQR Resolutions-Type II Action. Mr. Brand asks Mr. Cooper if he is operating his business, Dave s Diggs, as a minor home occupation. He also asks if he has permits and site plan approvals for operating his business on County Road 41. Mr. Cooper explains that everything is on hold at the moment. He explains that he is in the process of purchasing the property next door and his attention has been focused there on buying and renovating that house. He adds that the owner originally deeded the property to her grandson and he was unable to take care of the property and the grandson deeded the property back. Mr. Brand then asks Mr. Cooper about the Amish built store. Mr. Cooper explains that his plans are still to proceed with the store and that he had a lot of expenses last year that set him back but is hoping to be back on track next year to go ahead with the store. Mr. Pettee makes an observation based on an aerial photograph that there is an adjoining property on Bean Pole Circle with a shed located in the side yard and asked about a variance. 3

4 Mr. Kofahl explains that the shed was placed in the side yard prior to the definitions of side yards and backyards were clarified on corner lots therefore no variance was required. Ann Vu then asks for any further questions for the applicant. With no response Cyril Opett makes a motion to close the Public Hearing and it is seconded by Gary Scribner. A voice vote was taken and the motion was passed with five (5) s. Area Variance and Findings ZB Lena Martin Wesley Pettee made a motion to waive the reading of the SEQR Type II Resolution and was seconded by Adrian Bellis. All present voted. Wesley Pettee made a motion to accept the SEQR Resolution and was seconded by Gary Scribner. All present voted. After discussion of the factors to be considered the Board felt that there would not be an undesirable change of the neighborhood or detriment to nearby properties, that the benefit sought can be achieved by a feasible alternative, that the requested variance is substantial, the affected variance would not have an impact upon physical or environmental conditions in the neighborhood, and the alleged difficulty was self-created. After discussing the variance, the Board took formal action to accept the Area Variance Findings and made a Decision to approve with the following conditions: 1. Any lighting of the proposed gazebo shall comply with the lighting standards contained in Chapter 165 of the Town Code. No lighting shall be permitted to extend beyond the property boundary. 2. Any sound being generated from the proposed gazebo shall not be disturbing or annoying to adjacent neighbors. 3. The proposed gazebo shall have all sides, except for the entrance, surrounded by landscape plantings. Ann Vu then made a motion to approve the application with the conditions and was seconded by Cyril Opett. The following roll call vote was recorded: Wesley Pettee Cyril Opett Adrian Bellis Gary Scribner Ann Vu 4

5 Public Comments open forum None Director of Development Update: Mr. Brand updates the Board Members that the Grant for the Auburn Trail has been submitted. Total project cost is about $2 Million, however only about $220,000 is the town s share and $180,000 from A&D Development with the remainder being possible grant money. Phase one of a project would provide the clearing and re-grating of the trail from County Road 41 down to NYS Route 332 down Townline Road and West to Auburn Meadows and back to the Rail Road spur. Gary Scribner asks Mr. Brand who owns the trail and if the ownership will remain the same. Mr. Brand explains that Carmen Laviano owns the trail and the Town intends to acquire ownership of the trail. Mr. Brand adds that behind the Cobblestone Arts Center there is a bump out where the Farmington Railroad Station used to be. Located there will be a restroom with bike racks designed to look like a Rail Road Station with the name Farmington on it. Mr. Brand also adds that the Town Court Project has been awarded and construction has started and potentially within 10 months the Town will have a new court facility. Code Enforcement Officer Update: Family Dollar construction will start next week. Advent Auto has purchased Biel s and there is construction of an addition and renovations going on at that site now. Generations Bank has received preliminary site plan approval and will be going through Planning Board for final approval next month. Renovations are taking placing on the McDonald s Drive-up. Other Board Matters: Board Members discuss possible changes to the Town Code. Mr. Brand identifies some issues that he found within some of the definitions in the Town Code. One example he used was that the definition of Code Enforcement Officer was defined in Chapter 144 however was not defined in Chapters 74 or 165. Another example was the definition for FEMA was different in Chapter 87 then Chapter 144. Mr. Brand wanted to point out some of the inconsistences throughout the Town Code book. He suggests to the Board Members that the Town Code book contain one section of definitions so it will be consistent throughout the Town Code. He adds that he only 5

6 focused on definitions at this point and not the regulations. He suggests to the members that they look not only at Chapter 165 but at the Town Code as a whole. He adds that as the Zoning Board of Appeals there is potential to receive applications for variances not only pertaining to Chapter 165. Mr. Brand suggests that Ann Vu approach Town Ops about adding a section of Definitions to the Town Code. He also suggests that she include Scott Makin, Planning Board Chairman, in on that meeting. Mr. Brand states that it has been several years since there has been a comprehensive revision to the town code. He suggests that a small committee be formed consisting of a Planning Board Member, a Zoning Board Member, a Conservation Board Member, and a Town Board Member to create a definitions section to the Town code next year. Ann Vu adds that she will take the next steps with approaching Scott Makin and getting him on board as well as approaching Town Ops about the suggestions made tonight. Next Meeting: The next Zoning Board of Appeals meeting will be held on September 23, A motion was made to adjourn the meeting at 8:00 pm and was passed with a voice vote of five (5) s. Minutes were respectfully submitted by Sarah Mitchell, Clerk of the Board. 6