**TOWN OF GRAND ISLAND**
ZONING BOARD OF APPEALS
MINUTES
January 7, 2010
MEMBERS
PRESENT:
Marion Fabiano, Betty Harris, Dario Violanti, Peter McKee, Chairman, Bob
Mesmer and Alternate member, Tim Phillips
MEMBERS ABSENT:
None
OTHERS PRESENT:
Dan
Linenfelser, Bill Shaw, Zoning Officers
Chairman,
Peter McKee opened the meeting at
7:00 p.m. He introduced the members of the Zoning Board of Appeals and explained
the process. Copies of the Legal
Notice of Appeal to be heard at this meeting published in the Island Dispatch on
December 24, 2009 were available to
those present.
NEW
BUSINESS:
1) 1925 Stony Point
Road – Tom Victor –
The
property is zoned R1B, the Appellant appeared and stated that he is in the
process of building a new home with 3 attached garage spaces and is requesting a
variance for the construction of a 30’ x 60’ pole barn.
The Appellant needs additional storage for cars, trucks, tractors and the
like. The pole barn will be located
more than 100’ behind the house, there are no utilities currently planned and
there will be no commercial use.
Per Section 49-36A of the
Zoning Code, the maximum allowable number of garage spaces is four, there
currently exists three, and they are requesting an additional six garage spaces,
for a total of nine, which requires a variance for five additional garage
spaces.
A motion was made by Fabiano/Mesmer to GRANT a variance for the construction of a 30’ x 60’ pole barn
which would result in five additional garage spaces at 1925 Stony Point Road.
Roll
Call:
Ayes:
Fabiano, Violanti, Harris, Mesmer and McKee
Noes:
None
Carried
Rationale: This
action is taken because:
1.
the requested variance will not create a detriment to nearby properties.
2.
the board recognizes the need for more vehicle storage.
3.
of the size of the lot.
Page 2
01/07/10
2)
2735 Bedell Road- Daniel Drexelius –
The
property is zoned M2, the Appellant appeared and stated that he was informed by
the Town that he needed a variance for a side yard setback for the temporary
work site storage containers he has had on his property for five years.
According to Schedule 1 of the Zoning Code, the minimum allowable setback
in M2 zoning is 25’, the containers are located 10’ from the property line,
and therefore the applicant is requesting a 15’ side yard setback variance.
The
Appellant stated that the Planning Board previously approved the project with a
probable ten year timeline. These
temporary storage building will be removed after completion of all the phases of
the project. There are no
foundations, and the containers have 2’ x 4’ beams along the ceiling, they
do have blacktop underneath.
The
property is zoned for outside storage; however, the Appellant has decided to use
temporary storage containers so the site would be aesthetically pleasing.
He is planning on completing one building per year at the cost of
$100,000 per building.
The
issue at hand is how long can the temporary containers remain before they are
considered permanent. And if they
are considered to be permanent they would have to go through the permitting
process.
The
Appellant submitted a letter of support from his neighbor who is located
directly across the street from 2735 Bedell Rd., Mr. Michael Hooper.
Chairman
McKee stated that the storage containers located at 2735 Bedell Road would not
normally be considered temporary. However,
due to the nature of the project, they may be determined to be temporary with a
maximum timeline.
Speaker in favor:
Tom
Snyder, 2671 Bedell Road
A
motion was made by Fabiano/Violanti to DENY the request for a
15’ side yard setback variance at 2735 Bedell Road.
Roll
Call:
Ayes:
Fabiano, Violanti, Harris, Mesmer and McKee
Noes:
None
Carried
Rationale: This
action is taken because:
4.
the ‘interpretation’ by the Zoning Board of Appeals members is that
the storage containers are considered to be “temporary”, therefore, granting
a variance is not required. However, if the Zoning Board had ‘interpreted’ the
storage containers to be permanent structures, then a variance would be
necessary to maintain the structures in their current location.
Page 3
01/07/10
A motion was made by Violanti/Harris to CONTINUE to consider the existing storage containers as
“temporary” storage containers provided that there are no additional
containers added to the site. The
storage containers are to be removed within six years at the end of which, the
project should be completed, and the temporary storage containers are to be
removed and no new containers will be constructed.
The containers shall be removed no later than January 1, 2016.
If the property is sold, the containers located on the property shall not
be considered to be grandfathered, and therefore, must be removed from the site
at 2735 Bedell Road.
Roll
Call:
Ayes:
Fabiano, Violanti, Harris, McKee, and Mesmer
Noes:
None
Carried
Rationale: This
action is taken because:
1.
the temporary storage containers will not create a detriment to nearby
properties.
2.
of the unusual nature of the project.
3.
the Planning Board of Grand Island had previously defined the buildings
as temporary storage containers.
4.
the Zoning Department will follow up on the timely removal of the
temporary storage containers.
3)
2878 East River Road – David M. Bruno –
The
property is zoned R1C, the Appellant appeared and stated that he has four
antique cars which require additional storage, therefore, he is proposing to
build a 30’ x 36.5’ detached 3.5 car garage.
Per Section 49-36 A, the maximum allowable number of garage spaces is
four; there already exists 2, therefore, the Appellant is requesting a variance
for 1.5 additional garage spaces. There
will be no commercial use.
Also,
the Appellant is proposing to construct a stairway, deck, dock and pergola on
the waterside of the property. The
waterside portion of the property drops off significantly and is virtually
unusable without a stairway. Per Section 49-27A of the Zoning code, the minimum
allowable front yard setback is 90’ from the center line, therefore a 42’
front yard setback variance would be required.
Also, per Section 49-27C of the Zoning Code, the maximum height of an
accessory structure on riverfront lots is 4’, the proposed pergola is 8’
6” high; therefore, a 4’ 6” height variance is required. The top of the
pergola will be below the grade of the road.
Page 4
01/07/10
A motion was made by Fabiano/Mesmer to GRANT an additional garage space variance, not to exceed two garage
spaces for the construction of a garage at 2878
East River Road. There is to be no
commercial use.
Roll
Call:
Ayes:
Fabiano, Violanti, Harris, McKee, and Mesmer
Noes:
None
Carried
Rationale: This
action is taken because:
1.
the board recognizes the need for additional storage.
2.
the requested variance will not create a detriment to nearby properties.
A motion was made by Mesmer/Harris to GRANT a 42’ front yard setback variance for the construction of a
stairs, dock, deck and pergola on the water side of the property at 2878
East River Road.
Roll
Call:
Ayes:
Fabiano, Violanti, Harris, McKee, and Mesmer
Noes:
None
Carried
Rationale: This
action is taken because:
1.
most riverside lots require a side yard setback.
2. of the unique situation due to
the contour of the lot.
3.
it is consistent with variances granted for nearby properties
A motion was made by Violanti/Fabiano to GRANT a 4’ 6” height variance for the construction of an 8’
6” pergola on the waterside of the property at 2878 East River Road.
Roll
Call:
Ayes:
Fabiano, Violanti, Harris, McKee, and Mesmer
Noes:
None
Carried
Rationale: This
action is taken because:
1.
the requested variance will not create a detriment to nearby properties.
2.
the additional 4’ height sits below the road level.
3.
of the unique situation due to the contour of the lot.
4.
consistent with variances granted for nearby properties.
Page 5
01/07/10
OLD
BUSINESS:
1)
West River Road – Nixon Peabody LLP
– Proposed telecommunication tower on Russell & Patricia Colosi’s
property on West River Road. Zoning
Code 49-196C states that the setback for a telecommunication tower is 500’
from a residential dwelling. The
proposed tower will be approximately 442’ from the Colosi residence; therefore
a 58’ setback variance is requested. Remains
tabled pending receipt of the SEQR report from the Town Board.
2) 2770 Long Road –
Verizon Wireless – Property is zoned M1. Proposed is a telecommunication facility.
Per Zoning Code Section 49-196C, there should be a 500’ setback for the
fall down area. Tem remains tabled pending receipt of the SEQR report from
the Town Board.
3)
2255 Grand Island Boulevard – Michael Jordan of Redtek Development -
Property is zoned R3, B1, and R1D. Proposed
is the construction of a Senior Housing Complex with building walls greater than
160’ in length. Per Schedule 1 of
the Zoning Code, the maximum allowable building length is 160’.
The item was tabled indefinitely at the owner’s request.
4)
2065 East River Road – Roger and Shirley Nye-
The Appellant’s attorney
emailed a proposed settlement agreement to the Zoning Board of Appeals members
for their review. The Board members
reviewed the proposed settlement and discussed same. At the December 3rd 2009 ZBA meeting, after
careful review, the Board unanimously decided to DENY
the proposed settlement request. The
rationale was that the variance granted was for an open porch which has been
previously defined as one which has three (3) open sides.
MINUTES:
A motion
made by Fabiano/Violanti to ACCEPT the
December 3, 2009 minutes as
written.
Roll
Call:
Ayes: Harris, Fabiano,
Violanti, McKee, and Mesmer
Noes:
None
Carried
OTHER
MINUTES RECEIVED AND FILED:
Board
of Architectural Review Minutes, October 20, 2009, November 17, 2009
Planning
Board Agenda, December 14,, 2009
Planning
Board Minutes, November 9, 2009
Town
Board Agenda, December 7, 2009, December 21, 2009
Town
Board Minutes, November 2, 2009, November 16, 2009
Adjournment: 8:00 p.m. on January 7, 2010