June 4, 2012
Town of Brutus
Zoning Board of Appeals
The Town of Brutus Zoning Board of Appeals held a monthly meeting on June 4th, 2012 at 7:00pm in the Town Municipal Building at 9021 N Seneca Street, Weedsport, NY.
Present: Chairperson-Tony Amodei, Dan Landes, Tim Casper, Ruth Harding and ZBA Clerk-Vicki Hickey. Absent: Jim Campbell.
Meeting attendant(s): Richard & Michelle Steele, Sandra & Robert King, Corey Brown, Keith Gibbs, Sally & Earl Bozeat and Thomas Dahl.
Chairman Amodei opened the ZBA meeting at 7:01pm.
Chairman Amodei asked if there were any comments concerning the 5/7/12 ZBA meeting minutes. Member Harding made a motion to approve the 5/7/12 ZBA minutes as written. Member Landes seconded the motion. VOTE: 4 ayes; 0 nays. Carried.
1. STEELE FOLLOW UP: (#90.00-1-20.12; VAR12-0002): Applicant request to establish a retail archery shop in detached garage located at 8465 Cooper Rd in an Agricultural-Residential District.
The ZBA reviewed sections of the NYS Penal Law and the NYS Environmental Conservation Law regarding outdoor use of hunting equipment near residential areas. The ZBA needed to address a neighbor's concern of safety pertaining to the possibility of hunters testing equipment outside, in close proximity of the neighbor's property.
Member Landes questioned if there was a portion of property that would accommodate the NYS law of 500 ft between the property line and the weapon discharge distance? Richard Steele responded no.
Sandra King stated that she had no issue unless shooting took place outside by anyone other than Richard Steele. She clarified that she did not mind if Richard Steele did any shooting outside on his property, as he already has permission to do so from Robert & Sandra King, but that she was more concerned with other hunters and does not want anyone else shooting outside.
Sandra King questioned who would address the issue if she does see anyone testing equipment or shooting outside the proposed archery shop...would the permit be pulled? How would the archery shop activity be monitored?
It was stated that stipulations would be placed on the Special Permit to enforce more specific concerns and that any issues should be reported to Law Enforcement and/or Code Enforcement.
In review of all paperwork submitted by the applicant and on file, it was decided that adequate information was provided in assisting the Zoning Board with making an informed decision.
Member Harding motioned to approve the Steele Special Use Permit, allowing a retail archery shop in detached garage located at 8465 Cooper Rd. Member Casper seconded the motion and the following determinations were made by the ZBA concerning the Steele Special Permit on Cooper Rd:
The Zoning Board concurred that as long as the archery shop complies with the NYS Penal Law and NYS Environmental Conservation Law, there should be no issues and the Steele Special Permit for an archery shop should be granted with stipulations-1) No outside shooting is allowed...except for the property owner, Richard Steele, with permission from adjoining neighbors and 2) All activity must remain inside the archery shop, contained within the building structure. VOTE: 4 ayes; 0 nays. Carried.
Member Harding..........................................................................................aye
Member Casper............................................................................................aye
Member Landes............................................................................................aye
Chairperson Amodei.......................................................................................aye
2. DAHL AREA VARIANCE: (#82.14-1-2; vac/off Centerport Rd; Residential Dist; 74.76' X 95';VAR12-0003). Note-Property is split with a portion in T/Mentz (house) and a portion in T/Brutus (vacant): Applicant requests pole barn (24 ft X 32 ft) to be placed closer to property line than allowed.
Tom Dahl obtained a copy of the Cayuga County Health Department Sewage Disposal records for the Dahl property, dated 7/15/1985. Based on sketched drawings from Cayuga County, assumptions can only be made of the actual layout of the septic system. The ZBA reviewed a site plan map submitted by the applicant and Chairman Amodei sketched an approximate location of the septic and leach lines according to notes on the Sewage Disposal Inspection records.
Tom Dahl stated that the covered buildings are on the property line and the bank area (behind those buildings) curves into the property.
The ZBA suggested that the applicant dig a hole to determine the absolute location of the leach lines.
Member Harding made a motion to schedule the Dahl Public Hearing for 7/2/12. Member Casper seconded the motion. VOTE: 4ayes; 0 nays. Carried.
3. BOZEAT VARIANCE: (#84.00-1-54.2: VAC/OFF Pump Rd; 2.70 acres; AR Dist AND #84.00-1-33: 8872 Pump Rd; 1.10 acres; AR Dist; Includes MH and House)
Sally Bozeat discussed the situation of wanting to divide her parcels between the house and mobile home, giving both parcels less frontage than allowed per code. The ZBA discussed the option but concurred that the Zoning Board of Appeals does not have the authority to subdivide property. It was stated that the Planning Board has the authority to review and approve subdivisions.
The ZBA suggested possibly merging the parcels together and questioned whether or not the vacant parcel could or could not be built on because it had been a formed parcel since 11/17/81. It was stated that she currently pays the Eastern Brutus Water District #2 tax for one unit on that particular parcel, which implies that the parcel has the ability to be hooked up to the public water system.
It was suggested that Sally Bozeat follow up with Code Enforcement/Zoning Officer-Tim Ganey to verify if the vacant parcel could be built on.
At 8:40pm, Member Harding made a motion to adjourn the ZBA meeting, followed by a second motion from Member Landes. VOTE: 4 ayes; 0 nays. Carried.
Respectfully submitted,
Vicki L. Hickey
ZBA Clerk
