April 5, 2021
Town of Brutus
Zoning Board of
Appeals
The Town of
Brutus Zoning Board of Appeals held a virtual GoToMeeting on April 5, 2021.
Information to
join the on-line meeting (with link instructions and access code) for computer,
tablet, smart phone or dial-in phone was provided for the public via postings on
the Town Website, at the Town Municipal Building and at the Weedsport Post
Office.
Virtual
GoToMeeting ZBA Members Present: Chairman
Amodei, Member Landes, Member Harding and Alternate Member Hinman.
Absent:
Member Casper, Member Campbell.
Social
distancing/face masks and disinfection protocol was in place by ZBA Clerk
Hickey and Town Clerk Skellington who were present for the GoToMeeting prep at
the Town Municipal Building.
Town Clerk
Skellington left the building at 6:40pm.
Clerk Hickey
announced that the Town Clerk’s computer and Virtual GoToMeeting application
was being used for the ZBA meeting – that the label showed as Angela
Skellington but that she was not present, ZBA Clerk Hickey was using the
computer/GoToMeeting application in Town Clerk Skellington’s place.
Virtual GoToMeeting
attendant(s): Tom Taylor, William & Bonnie Tyrell, David Lipiska.
The ZBA meeting was called to order at 7:00pm
by Chairman Amodei.
Chairman Amodei asked if there were any
questions, additions, deletions or revisions to the December 7, 2020 ZBA
meeting minutes. Member Harding made a
motion, seconded by Member Landes to approve the 12.7.2020 ZBA meeting minutes
as written. Vote: 3 ayes, 0 nays. Carried.
TYRELL
REVIEW (#VAR20-002; 9241 Pump Rd; #78.00-1-22.7; AR Dist; 2.90 Acres)
Applicant requests garage to be placed approximately 45 ft from front
line.
Chairman Amodei
stated that the purpose of the ZBA meeting was to clear up confusion regarding
the Tyrell Building Permit that was issued.
Alternate
Member Hinman stated that the garage was to be no closer than 75 ft off the
center of the road and if that was met, no variance was needed.
Member Harding
added that it needed to be at the same distance as the house.
Alternate
Member Hinman mentioned that the house was 80 ft.
Chairman Amodei
questioned the issue of the setback distance.
ZBA Clerk
Hickey stated that Town Clerk Skellington had requested
information/clarification in October 2020 from Code Enforcement, Town Highway
Superintendent, Town Supervisor/Town Board and Planning Board but no
information was received.
ZBA Clerk
Hickey shared that Town Clerk Skellington stated that Planning Board Chair
Ostrowski told her that the Planning Board spoke about setbacks at the 3/24/21
Planning Board meeting and that Planning Board Chair Ostrowski plans to attend
the next Town Board meeting on 4/12/21 (virtually) to speak with the Town Board
on the matter.
Alternate
Member Hinman stated 75 ft off the centerline; 100 ft off the highway boundary.
ZBA Chair
Amodei reiterated that the garage was to be no closer than the house, as stated
in the 10/8/2020 ZBA minutes.
Chairman Amodei
and Alternate Member Hinman agreed that 100 ft was extreme and that the
distance depends on the highway.
*Alternate Member Hinman stated that the garage should
be no closer than the house – 60 75 ft off the centerline.
Alternate
Member Hinman stated that the garage is 20 ft closer to the front line than the
house.
Member Landes
and Member Harding agreed that as long as the garage stayed in line with the
house line, no closer, then a variance would not be needed.
Chairman Amodei
stated that a variance would definitely be needed if the garage is closer than
the house.
Alternate
Member Hinman questioned why the garage was moved closer than originally
agreed?
Bonnie Tyrell
stated that the 11/3 meeting was cancelled due to a Budget Meeting… Code
Enforcement said it could be built… Code Enforcement said build where you want…
a Building Permit was issued.
William Tyrell
stated that $5,000 was spent… a Building Permit was issued… they were given the
ok from Code Enforcement… $10,000 in materials are sitting… upset that the Town
is playing politics… never would have started… in 40 yrs of construction, never
heard of 75 ft setback, or had an issue.
Mr. Tyrell
questioned the number of people in the Town…300? Chairman Amodei and ZBA Clerk Hickey
both responded with 5,000… 2,500 in Village and 2,500 in Town.
Mr. Tyrell
mentioned that lumber cost has doubled… can’t build… waiting… materials are
just sitting.
Chairman Amodei
asked how the neighbors felt about it.
Mr. Tyrell
stated that the neighbor across the street (Ron Durant) was helping with the
project… may possibly have an issue with the neighbor on the hill.
Mrs. Tyrell
said it was a quiet neighborhood… never really talked to neighbors… only been
in area a short while.
Member Landes
questioned why Code Enforcement issued the Building Permit without a Variance?
Both Mr. and
Mrs. Tyrell responded that Code Enforcement said that it wasn’t needed… was all
taken care of… build it.
Alternate
Member Hinman clarified that per the ZBA minutes, the 75 ft offset as the
house, would not need a variance.
Chairman Amodei
and Alternate Member Hinman agreed that Code Enforcement telling people to
build where they want is irresponsible.
Alternate
Member Hinman mentioned that the sketch provided in an email from Clerk Hickey,
shows the garage, slightly back from the house.
Chairman Amodei
reviewed the Variance process… Public Hearing… Needs to be publicized… Any
issues? Any comments?
Mr. Tyrell
questioned for a garage?
Chairman Amodei
stated that it would set a precedence for future matters if not done correctly.
Mr. Tyrell said
then we’re an example… more time… more playing politics.
Chairman Amodei
stated that the Town Code must be followed.
Mrs. Tyrell
questioned – What do we do? How long?
Mr. Tyrell
stated – You messed up and we’re paying the price.
Chairman Amodei
gave permission for Tom Taylor to speak on the matter.
Tom Taylor
stated that he was there when the Building Permit was issued… the coversheet
said no variance was needed… that’s why Tim Ganey issued the permit.
Reference to
legal counsel was then discussed.
Member Harding
re-stated that the 10/8/2020 ZBA Meeting Minutes stated that as long as the
garage stayed in line with the house, there would not be an issue.
Chairman Amodei
said but it’s not, that’s what changed everything.
Member Harding
reviewed points with the Tyrells – garage should be in line with the house and
a variance would not be needed.
Alternate
Member Hinman questioned why is the garage 60 ft from the road?
Mr. & Mrs.
Tyrell stated that they were told to build where they wanted… then referred to
the Building Permit… here’s the permit.
Chairman Amodei
stated that they still have to meet Code.
Chairman Amodei
questioned the Building Permit wording.
Clerk Hickey pulled the Building Permit, presented the Building Permit
to the virtual group via camera and referred to the section in reference – “Permission
is hereby granted to proceed with the work as set forth in the plans,
specifications or statements now on file in the Code Enforcement Office. Any changes made to the original plans must
first be submitted for approval.” It
was stated that it was not known if that statement is a general statement or
specific to the Tyrell matter – that it was a Code Enforcement issued document
and ZBA Clerk was not familiar with Code Enforcement issued paperwork.
Member Landes stated
that 45 ft off the road was not accurate in the sketch provided.
*Alternate Member Hinman stated that the sketch shows
it further back, behind the house and it should be
placed as depicted in the sketch.
Member Harding
said that it appears to show that the pole barn is behind the house.
Chairman Amodei
stated that without talking with Code Enforcement, nothing is resolved.
ZBA Clerk
Hickey stated that invitations went out and included Code Enforcement – that
was done by Town Clerk Skellington, as I was out of the office.
Member Landes
stated that the matter should be referred to Town Board.
Alternate
Member Hinman stated that if 75 ft off centerline, no variance… sketch shows
same distance.
Alternate
Member Hinman stated parallel, not perpendicular – sketch clearly shows it being
even with the house.
Alternate
Member Hinman stated that the off sets are not accurate.
Chairman Amodei
mentioned that the pole barn is farther away than the house.
Alternate
Member Hinman stated that it was never shown parallel to the house and never
should have been approved.
Chairman Amodei
stated that the structure that is up does not appear to go along with what was
issued… sounds like a variance is necessary because permit was issued.
The ZBA
concurred that clarification was needed from Tim Ganey (Code Enforcement)
regarding what the Building Permit was issued for specifically… clarification
on the general wording in the Code Enforcement Building Permit section – “Permission
is hereby granted…”.
*Chairman Amodei re-stated that clarification was
needed from Tim Ganey – what the Building Permit was issued for specifically in
relation to the road and a legal opinion may be necessary. The structure is not
located where it was supposed to be – the sketch shows it as being further away
and should be no closer to the road than what the house is. It was
stated that until that information is known, the next step is unknown at this
time.
At 7:58 pm, Member Landes made a motion to
adjourn, seconded by Member Harding. Vote:
3 ayes, 0 nays. Carried.
At 7:59pm, all Virtual GoToMeeting attendants
left the meeting and the GoToMeeting was closed out.
Respectfully
submitted,
Vicki L. Hickey
ZBA Clerk
*Revisions to the 4/5/21 Virtual ZBA meeting - as stated at
the 4/22/21 ZBA meeting with a motion by Member Harding, second by Member
Landes. Vote: 5 ayes; 0 nays.
Carried.
