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Town of
Brutus
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Minutes
DRAFT
April 22, 2021 Town of Brutus Zoning Board of Appeals
The Town of Brutus Zoning Board of Appeals held a virtual GoToMeeting on April 22, 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, Town Municipal Building and at the Weedsport Post Office.
Virtual GoToMeeting ZBA Members Present: Chairman Amodei, Member Campbell, Member Landes, Member Harding, Member Casper, Alternate Member Hinman. Absent: none
Virtual GoToMeeting attendant(s): William Tyrell, Ronald Durant, Steve Walczyk, Thomas Flynn (Town Board Member), Bonnie Tyrell, Amy Chirco (Town Board Member), James Hotaling (Town Supervisor), Kevin Cox (Town Attorney), Tim Ganey (Town Code Enforcement/Zoning Officer), Pamela Kelley (Town Assessor/Bookkeeper), Dave Lipiska.
Clerk Hickey announced that the Town Clerk’s computer and Virtual GoToMeeting application was being used for the ZBA meeting – the label showed as Angela Skellington but that she was not present.
The ZBA meeting was called to order at 7:04pm by Chairman Amodei.
Chairman Amodei asked if there were any questions, additions, deletions or revisions to the April 5, 2021 ZBA meeting minutes and stated the following revisions are needed: · “Alternate Member Hinman stated that the garage should be no closer than the house – 60 feet off the centerline”, needs to be “….75 feet off the centerline”. · “Alternate Member Hinman stated that the sketch shows it further back, behind the house”, needs to have added “…and it should be placed as depicted in the sketch.”. · “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.” And the following needs to be added: “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.” Member Harding made a motion, seconded by Member Landes to make the above revisions to the 4/5/21 ZBA meeting minutes. Vote: 5 ayes, 0 nays. Carried.
TYRELL PUBLIC HEARING (#VAR20-002; 9241 Pump Rd; #78.00-1-22.7; AR Dist; 2.90 Acres) Applicant requests a 15 ft variance.
Chairman Amodei opened the Tyrell Public Hearing at 7:12pm with a motion from Member Harding and a second from Member Landes. Vote: 5 ayes, 0 nays. Carried.
Mr. Tyrell stated that he is requesting a 15 ft variance to satisfy the permit. He mentioned that he started building once the Building Permit was received. Mr. Tyrell added that he has spent thousands of dollars on materials. He felt that too much time was involved and that he wasn’t treated correctly in the process. Mr. Tyrell stated that he just wanted to put a garage on his property. He said the Building Permit was issued and he started building.
Mr. Tyrell referred to the Code Enforcement email that stated – no variance was needed.
Member Landes stated that Alternate Member Hinman measured the house 80 ft off the road and if the garage was placed in line with the house, no variance would be needed.
Member Harding agreed.
Alternate Member Hinman added that the garage ended up being 20 ft closer, 60 ft off the road.
Chairman Amodei mentioned that the property was a uniquely shaped parcel.
Member Casper questioned the dimensions of the structure in relation to the distance from the road.
Alternate Member Hinman stated that he measured from the center of the road.
Alternate Member Hinman stated that Mr. Tyrell submitted a sketch with a re-dated survey and mentioned that neither were accurate. Alternate Member Hinman added that if the garage was placed no closer to the road than what the house was, there would be no objection.
It was noted that all ZBA members concurred.
Alternate Member Hinman stated that the structure is 60 ft off the road – didn’t follow directions given at the ZBA meeting.
Chairman Amodei asked for clarification concerning Tim Ganey (Code Enforcement/Zoning Officer) stating that a variance was not needed.
It was stated that Mr. Tyrell said no variance was required and referred to a packet of paperwork, along with an email between Tony Amodei and Vicki Hickey referencing the same. Tim Ganey kept referring to Martin Luther King Day as the day measurements were taken at the Tyrell property and it was determined that the structure was 60 ft off the road and Mr. Tyrell was asked to stop the project.
It was stated that the Town Board agreed that measurements were to be taken from the center of the road.
Chairman Amodei explained that a variance would be required for where the garage is presently being constructed.
Steve Walczyk stated that Town Law must be followed and questioned why the structure was placed at 60 ft off the road, instead of the required 75 ft, per Town Code?
Mr. Tyrell referred to the Town of Elbridge and the measured distances for similar type projects. Steve Walczyk said that Town Law states 75 ft and added that just because someone may not be aware of the law, does not mean that they are exempt.
It was clarified that in the AR District - per Town Law - it’s 75 ft.
Mr. Tyrell stated that the email should have said that.
Alternate Member Hinman stated that the sketches and property survey did not clarify dimensions. It was stated that 80 ft was the distance from the center of the road to the face of the house. The structure was to be no closer that the house. The ZBA minutes should have been referred to concerning garage placement.
Mr. Tyrell then stated that permission was not given to Alternate Member Hinman to access the property.
Alternate Member Hinman stated that he was acting as a Town Official.
Mr. Tyrell mentioned that Tim Ganey came with “his assistant”.
Member Landes referred to a sketch of the garage shown farther away than the house and stated again that the garage was to be no closer than the house and the garage is closer.
Town Supervisor Hotaling questioned if comments were received from neighboring property owners regarding the project. ZBA Clerk Hickey stated that Deputy Clerk Brown contacted neighboring property owners on 4/22/21 - via phone - to inform them of the Tyrell Public Hearing change from the Town Building location to virtual only due to a recent change in circumstances.
ZBA Clerk Hickey reviewed the following information concerning neighboring property owners: Michael & Pamela Aaserud were not attending and were ok with the variance requested. Kimberly Wilson was not contacted – there was no available phone number. Ralph Kent & Merry Fayette were not attending and were ok with the variance requested. Michael & Donna Mills were not planning to attend and did not make a comment about the project either way. Robert & Wendy Walrath – Wendy Walrath called the Town Office earlier in the day and stated that they would not be attending and were ok with the plans. They were in favor of the plans and had no objection. Ronald Durant called the Town Office and mentioned that he would be attending the meeting virtually with Mr. Tyrell. A message was left with James & Nicole LaFluer.
Town Supervisor Hotaling asked if information was received from the Town Highway Superintendent. ZBA Clerk Hickey stated that a 4/19/21 email response was received from Town Highway Superintendent Siracusa stating that there were no concerns regarding garage placement on the Tyrell property.
Ronald Durant spoke about not understanding that nothing was said sooner about the project. He said that he had no problem with it and mentioned that in 20 + years has never heard of a problem like this. Mr. Durant said that he lives across the road from the Tyrells, that they are good neighbors and that he has no problem with the garage location.
Town Board Member Chirco spoke of the October 8, 2020 ZBA meeting minutes and agreed that a variance was needed and a Public Hearing should have been scheduled.
Chairman Amodei mentioned that there was confusion on who was acting next.
Town Board Member Chirco stated that she drove the area and mentioned that several houses on Clinton Rd were quite close to the road
Chairman Amodei stated that clarification was needed and that it was necessary to go through the proper channels. He stated that a variance has to be granted.
Town Supervisor Hotaling questioned if a “Stop Work Order” was issued?
Tim Ganey stated that there was no “Stop Work Order” and questioned who forwarded paperwork to stop? He mentioned that his signature may be on it but denied that it was his actual signature and said that the description was not the same.
Tim Ganey stated that he contacted Mr. Tyrell on Martin Luther King Day and told him to stop. Tim Ganey added that Tom Taylor was with him.
Town Attorney Kevin Cox questioned who signed the paperwork?
Mr. Tyrell explained that there was a “scribble” signature on the back.
Tim Ganey stated that he did not send that to Mr. Tyrell.
Mr. Tyrell showed the 2/26/21 letterhead with the yellow highlighted section on back dated 10/31/2020.
Town Board Member Chirco asked Mr. Tyrell to read the letter. Mr. Tyrell read the Building Permit information – “The ZBA did not authorize … not having been present… miscommunication… contact the Town Office to clarify…”.
Deputy Town Supervisor Flynn reviewed information – Building Permit from Tim Ganey… asked that the description be read… 24 X 24? 30 X 36? Original construction was 900 sq ft – 30 X 30… detached garage?
Mr. Tyrell stated that he was advised to make it narrower.
Deputy Town Supervisor Flynn questioned where the paperwork came from? Not Tim Ganey’s signature? Description is wrong?
Mr. Tyrell stated that no variance was need in the email.
Member Campbell mentioned the garage description being discussed at a previous ZBA meeting and that it blocked the view. He stated that if the garage was built at the house line, there would be no problem. Member Campbell mentioned that Mr. Tyrell was asked if he understood, and Mr. Tyrell said yes.
Chairman Amodei asked Mr. Tyrell why he thought no variance needed meant that Mr. Tyrell could put the garage anywhere he wanted?
Mr. Tyrell referred to an email that contained a bullet list.
Chairman Amodei stated that a variance was necessary to continue – a 15 ft variance as requested by Mr. Tyrell.
Mr. Durant mentioned that the walls were up and questioned why no on stopped the project sooner? He added that a lot of money was put into the project.
Mr. Durant spoke of the pump house location – questioned if a variance was needed for that because it is really close to the road?
Chairman Amodei stated that it may be in the Town’s right-of-way and/or that it is part of the Town utilities.
Chairman Amodei closed the Tyrell Public Hearing at 8:09pm with a motion from Member Casper, seconded by Member Landes. Vote: 4 ayes; 0 nays. Carried. (There was an issue with the virtual sound and/or camera at the time of the vote and Member Harding could not be heard. The vote reflects the members heard.)
Alternate Member Hinman stated that the requested variance fits with the property and reviewed that a variance needs to be obtained before construction starts.
Member Casper stated that a variance needs to be issued because project was already started but it should have been checked on or inspected a lot sooner than what it was.
Chairman Amodei mentioned that it was all messed up and stated that nobody is against it… money was invested… it’s not a detriment to the area… it was just a lot of miscommunication.
The ZBA concurred that it needs to be corrected… it’s a tough time with COVID… a variance should be issued… it’s hard times with money.
Chairman Amodei stated that the Zoning Board of Appeals must follow procedures.
Member Harding agreed that a variance should be issued due to errors and miscommunication.
Town Attorney Kevin Cox guided the ZBA in reviewing the Area Variance Criteria (Town Law §267-b) which included the 5 factors to consider in making its determination: 1. Will an undesirable change occur in the neighborhood or be created to nearby properties? The ZBA concurred that there was no issue. Both Chairman Amodei and Member Campbell mentioned that nothing would stick out and reiterated that there were other structures in the area that were closer but that were grandfathered in and stated that the neighborhood as a whole would not be changed. 2. Can the benefit requested by the applicant be achieved in another way? In the initial review, options were discussed but it would have been extremely costly on the applicant during this difficult and uncertain time of COVID.
3. Is the variance substantial? The variance is substantial: 15 ft vs 75 ft. A 15 ft variance is needed to allow placement of the structure in the current location – 75 ft to 60 ft.
4. Will the variance have an adverse impact on the physical or environmental conditions in the neighborhood? The ZBA concurred that there would be no adverse impact. There were no issues with any of the neighboring property owners concerning the garage location. It would fit in the surrounding properties.
5. Is the alleged difficulty self-created? It was stated that the applicant was following building permit instruction.
Member Harding made a motion to grant the 15 ft variance, requested by the applicant, needed to continue construction on the garage project that is closer to the front property line than what is allowed by Brutus Town Code. Member Casper seconded the motion. Vote: 4 ayes. 1 abstain. Carried.
Chairman Amodei asked for a roll call vote by voting members of the Zoning Board of Appeals:
Chairman Amodei…………………………………………………………………………………………………..VOTE: YES Member Casper………………………………………………………………………………………………………VOTE: YES Member Landes………………………………………………………………………………………………………VOTE: YES Member Harding……………………………………………………………………………………………………..VOTE: YES Member Campbell……………………………………………………………………………………………VOTE: ABSTAIN
Member Campbell said that information discussed was understood and Member Campbell does not agree that the Tyrells were misinformed concerning the Building Permit project.
At 8:25 pm, Member Landes made a motion to adjourn, seconded by Member Casper. Vote: 5 ayes, 0 nays. Carried.
At 8:28pm, the GoToMeeting was closed out.
Respectfully submitted,
Vicki L. Hickey ZBA Clerk
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