**TOWN
OF GRAND ISLAND**
ZONING
BOARD OF APPEALS
MINUTES
June
3, 2010
MEMBERS
PRESENT:
Betty Harris, Dario Violanti, Bob Mesmer, and Alternate member, Tim
Phillips
MEMBERS
ABSENT:
Marion Fabiano and Chairman Peter McKee
OTHERS PRESENT:
Bill
Shaw, Zoning Officer
Acting
Chairman, Dario Violanti 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 May 21, 2010 were
available to those present.
NEW
BUSINESS:
1) 2975 Staley Road
– Robert Lutnick
The
property is zoned R!A. Proposed is
the construction of a 34’ x 58‘x 25’ high pole barn. Appearing was Dr.
Lutnick, 2266 West Oakfield Road, he indicated that he would like to construct
an 8 stall barn to be used for recreational use only. There already exists a 1 car garage; and the proposed pole
barn would be equal to 6.5 garage spaces.
Per
Section 49-166E of the Zoning Code, the maximum allowable building height is
18’, the Appellant is proposing a 25’ high barn, which would require a 7’
height variance. Also, per Section
49-36A of the Zoning Code, the maximum allowable number of garage spaces is 4,
there already exists 1 garage space, proposed is 6.5 additional garage spaces,
which would require a variance for an additional 3.5 garage spaces.
The
property has almost 10 acres which is why the Appellant purchased the home.
He rents out the house and the current tenant owns horses.
To one side of the property there is a fenced horse pasture and to the
other side, the property owner raises cows.
Currently there are no utilities, but the Appellant plans to install a
water line and the barn will have in floor heating.
A motion was made by Harris / Mesmer to GRANT a 7’ height variance as well as a variance for 3.5
additional garage spaces with NO
COMMERICAL USE ALLOWED for the construction of a 34’ x 58’ x 25’ high
pole barn at 2975 Staley Road.
Roll
Call:
Ayes:
Violanti, Harris, Mesmer and Phillips
Noes:
None
Carried
Page 2
06/03/10
Rationale: This
action is taken because:
1.
the requested variance will not create a detriment to nearby properties.
2.
the requested variance will not produce an undesirable change in the
character of the neighborhood.
2) 2094 Harvey Road
– Michael and Elizabeth Cali
The
property is zoned R1D. The
Appellant appeared and stated that she and her husband would like to construct
an attached 1 car garage on the side of their home for additional storage.
There already exists a 2 car attached garage.
Per
Schedule 1 of the Zoning Code, the minimum allowable side yard setback is 10’,
they are proposing a 6.5’ side yard setback, which would require a 4’ side
yard setback variance.
The
Appellant presented a letter in favor of the variance from neighbor:
Christine
Amabile, 2088 Harvey Road.
A
letter opposed to the variance was received and filed from neighbor:
Paul
Astridge, 2071 Harvey Road.
A motion was made by Mesmer / Phillips to GRANT a 4’ side yard setback variance for the construction of a
one car attached garage at 2094 Harvey
Road.
Roll
Call:
Ayes:
Violanti, Harris, Mesmer and Phillips
Noes:
None
Carried
Rationale: This
action is taken because:
1.
the requested variance will not create a detriment to nearby properties.
2.
the requested variance will not produce an undesirable change in the
character of the neighborhood.
3.
the board recognizes the need for more vehicle storage.
3)
1851 Winter Road – The Sandy Beach Yacht Club
The property is zoned B2.
Appearing on behalf of the Sandy Beach Yacht Club was Ken Knight of 914
Carter Creek Drive. Mr. Knight
indicated that the Yacht
Page 3
05/06/10
Club would like to remove
the existing gate and replace same with a 7’ rolling gate in the existing
fencing at the front of their property.
Per Section 49-179D of the
Zoning Code, the maximum allowable height of a fence in front yards of
non-industrial districts is 3’, proposed is a 7’ fence, therefore, a 4’
height variance is required.
A motion was made by Harris / Mesmer to GRANT a 4’ height variance for the installation of a 7’ high
rolling gate in the existing fencing at the front of 1851 Winter Road.
Roll
Call:
Ayes:
Violanti, Harris, Mesmer and Phillips
Noes:
None
Carried
Rationale: This
action is taken because:
1.
the requested variance will not produce an undesirable change in the
character of the neighborhood.
2.
the requested variance will not create a detriment to nearby properties.
3.
the proposed gate is the same type and height as the existing
gate.
4.
the new gate will be a marked improvement over the existing gate.
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. Item remains tabled pending receipt of the SEQR report from
the Town Board.
3)
SBL# 24.10-1-6.2 – Verizon Wireless
The
property is zoned OS – Open Space, is Town owned, and is located next to
Veterans Park. Proposed is a
telecommunication facility. A
variance from Section 49-196 of the Zoning Code has been requested.
The question is whether Section 49-196 permits a Cell Tower in Open Space
zoned areas. Item to remain tabled pending receipt of the SEQR report from
the Town Board.
Page
4
05/06/10
4)
2065 East River Road – Roger and Shirley Nye-
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.
After reviewing the status
of this variance:
A motion was made by Harris / Mesmer to REMOVE this item from the ZBA Agenda.
Roll
Call:
Ayes:
Violanti, Harris, Mesmer and Phillips
Noes:
None
Carried
Rationale: This
action is taken because:
1. there is no further action required by the board.
MINUTES:
A motion
made by Harris / Mesmer to ACCEPT the
May 6, 2010 minutes as
written.
Roll
Call:
Ayes: Harris, Violanti,
Mesmer, and Phillips
Noes:
None
Carried
OTHER
MINUTES RECEIVED AND FILED:
Board
of Architectural Review Minutes, March 16, 2010
Planning
Board Agenda,
Planning
Board Minutes,
Town
Board Agenda,
Town
Board Minutes, May 3 & May 17, 2010
A motion
made by Mesmer / Harris to ADJOURN
the meeting at 7:25 p.m. the
Roll
Call:
Ayes: Harris, Violanti,
Mesmer, and Phillips
Noes:
None
Carried
Adjournment: 7:25 p.m. on June 3, 2010