June 6, 2022
Town of Brutus
Zoning Board of
Appeals
The Town of
Brutus Zoning Board of Appeals held an in-house meeting on Monday, June 6, 2022
in the Town Municipal Building – 9021 N Seneca St, Weedsport NY.
Present: Chairman Amodei, Member Campbell, Member
Casper, (Alternate) Member Hinman and ZBA Clerk Hickey.
Absent: Member
Harding, Member Landes.
Meeting
attendant(s): Brian Jenner, Adelbert F. Jenner, James Sylvester.
The ZBA meeting was opened at 7:00pm by Chairman
Amodei.
The 5/2/2022 ZBA Meeting Minutes (Sylvester
Review – Clinton Rd – Request to subdivide an existing 70,620 sq ft X 190.18 ft
parcel) were reviewed and approved. Member
Casper made a motion, seconded by Member Campbell to approve the 5/2/22 ZBA
meeting minutes. Vote: 3 ayes, 0 nays. Carried.
SYLVESTER
PUBLIC HEARING: (#VAR22-002; 3668 Clinton Rd; #78.00-1-14.21;
AR Dist; 1.76 Acres). Applicant
requests subdividing an existing 70,620 sq ft X 190.18 ft parcel into (2) two
equally sized 35,310 sq ft X 190.18 ft parcels. The request was denied by Code
Enforcement/Zoning Officer Ganey - per Town Code, AR District lot requirements.
At 7:02pm,
Chairman Amodei opened the Sylvester Public Hearing.
Mr. Sylvester
spoke of the plan for his parents to place a Modular Home on the subdivided
lot, next to his residence. Mr.
Sylvester mentioned that all the lots on Clinton Rd are non-conforming with the
similar depth issue.
The ZBA
discussed lot requirements in the Agricultural-Residential District – 200 ft
width, 200 ft depth, 50,000 sq ft.
Chairman Amodei
stated that the property was non-conforming for dimension, not area.
Member Casper
mentioned that if the property was split equally, it would lack conformance
from the back of property… road frontage is good… short on area.
(Alternate)
Member Hinman stated that it needs to be clear for the Planning Board, if
moving forward with the proposed action.
Chairman Amodei
questioned if the Area Variance was self-created? The ZBA discussed the surrounding properties on
Clinton Rd – all had similar issues - pre-existing sizes, non-conforming. The ZBA agreed that the proposed action would
not be detrimental and Member Casper added that it must be split equally down
the middle, if it is approved.
The Sylvester
Public Hearing notice was posted at the Town Municipal Building, the Post
Office and on the Town website. Neighboring
Property Owners received mailings and the Legal Notice was placed in the
Citizen newspaper.
Information
regarding the Sylvester Public Hearing matter was in the Sylvester file stating
that the Cayuga County Department of Planning & Economic Development – GML
239 Review Committee found no issues or had any comments regarding the
Sylvester matter on Clinton Rd.
Information
regarding the Sylvester matter was in the Sylvester file stating that a
neighboring property owner (Larry Segar – 3633 Clinton Rd) called the Town
Office on 5/12/2022 and spoke for approximately 30 minutes. Mr. Segar stated the following: “the review board should refer to the Town
Law”… “can’t do it”… “would deny the request
to split the property”… “not do-able”… “property ain’t big enough”. Mr. Segar expressed that he couldn’t understand
why there was a question to begin with and added that he just had surgery and
would not be going to the Sylvester Public Hearing.
There was no
one present to speak for or against the proposed action and the Sylvester
Public Hearing was closed at 7:15pm.
Chairman Amodei
reviewed that there would be no change in the neighborhood, the request was not
overly substantial, there would be no adverse impact, and mentioned the concern
of whether it was self-created – that it depended on how it was looked at.
Member Casper
mentioned that the property would need to be split equally and added that there
was no real difference from the other surrounding properties. Member Casper pointed out that (2) two
separate, taxable lots would be created.
Member Campbell
had no problem with splitting the property.
Chairman Amodei
questioned if there were concerns about non-conformity?
Member Campbell
stated no, if the property was split evenly.
Member Casper
mentioned that in the future, if (1) one of the properties were sold, it would
be easier.
(Alternate)
Member Hinman stated that updated survey maps would be needed.
Member Casper
reviewed that the land should be split equally and added that there would be
close to (1) one acre for each created lot – Member Casper mentioned that
they’d be non-conforming anyway.
Member
Casper made a motion to grant the Sylvester Variance (#VAR22-002; 3668 Clinton
Rd; #78.00-1-14.21; AR Dist; 1.76 Acres) allowing the applicant to equally subdivide
an existing 70,620 sq ft X 190.18 ft parcel into (2) two equally sized 35,310
sq ft X 190.18 ft parcels, seconded by Member Campbell. VOTE: 3 ayes; 0 nays. Carried.
The ZBA
advised Mr. Sylvester that the next step would be to proceed to the Planning
Board for the official subdivision process.
The ZBA added that an updated property survey map would be required
and/or a site plan, for Planning Board review.
It was stated that the next Planning Board meeting is scheduled for 6/22/2022
and all associated paperwork will be forwarded to the Planning Board Clerk and
Chair.
JENNER
REVIEW: (#VAR22-003; Property Off Centerport Rd – Split between Town of Mentz
and Town of Brutus; Town of Brutus property - #82.14-1-3; R Dist; 176.25 ft x
95.0 ft) Applicant requests to construct a Single Family Home (SFH) on the
vacant property EAST of 8740 Centerport Rd, in the Town of Brutus.
Both Adelbert Jenner
and Brian Jenner provided photos, paperwork and maps regarding the property
located in both the Town of Mentz and the Town of Brutus, off Centerport Rd. The property is (2) two separate parcels, access
is through the Town of Mentz.
Brian Jenner
and Adelbert Jenner explained the layout of the property in the Town of Brutus:
(8) eight ft back from the property line is where the septic, water line and
natural gas line is located. Brian Jenner
stated that a pine tree is located directly behind the house on the Town of
Mentz/Town of Brutus line. The hedge row
is 95 ft from the pine tree, in the Town of Brutus.
Member Casper
questioned access to the property. Brian
Jenner explained that there are (2) two driveways – one is located on the south
side of the house and the other is located on the northwest corner of the
property - both driveways go back to the Town of Brutus front property line.
Member Casper
mentioned that it was similar to his own personal property being split between the
Town of Mentz and the Town of Brutus.
The ZBA
discussed the (2) two different tax map numbers, the (2) different tax maps,
all deeded to (1) one property. The ZBA
discussed the following: building lot, access, zoning.
Both Adelbert
Jenner and Brian Jenner stated that access is through the Town of Mentz side of
the property – ten feet until it is Town of Brutus.
Chairman Amodei
questioned the type of building/livable structure on the Town of Brutus side of
the property, zoned as Residential District.
Brian Jenner
stated a 54 ft X 14 ft Cottage that his father (Adelbert Jenner) would be
living in.
It was stated
that 900 sq ft is the smallest size allowed.
Both Brian
Jenner and Adelbert Jenner stated that every property owner along Centerport Rd
is in a similar situation.
The ZBA
discussed the Residential Zoning District minimum lot requirements: 25,000 sq
ft, 35 ft front yard depth, 15 ft side yard width (each), 25 ft rear yard depth,
125 ft building line width, 900 sq ft foundation area, 30% lot coverage.
Both (Alternate)
Member Hinman and Chairman Amodei agreed and referred to the property as a “postage
stamp” for (2) two dwellings and added that it was already non-conforming – the
Town of Mentz side was 172.66 ft X 82.95 ft and the Town of Brutus side was
176.25 ft x 95.0 ft, with approximately 178 ft depth and both properties
together were approximately .71 acres, for a total of under 31,000 sq ft - the
requirement being 25,000 sq ft for (1) one house.
Adelbert Jenner
stated that the original deed referenced links – 198 ft across front, 187 ft
one end, 197 ft the other end and added that it was not (2) two parcels, it was
all (1) one parcel with (2) two dwellings.
(Alternate)
Member Hinman discussed the width, length, area, off-sets, no road frontage,
(2) two residences on (1) one parcel.
Member Casper mentioned that it was grandfathered in, the way it sits.
The following
information was shared in discussion (2) two dwellings were on (1) one property
– a house with a trailer, since the ‘50s.
The trailer was removed in ’97. One
property, two taxable parcels. The issue
is having a R-O-W to the Town of Brutus side of the property.
Chairman Amodei
mentioned that he was not in favor of the proposed action – there were too many
issues, additional information was needed and more research was suggested.
Member Casper
suggested getting on the Town Board agenda.
(Alternate)
Member Hinman suggested an addition.
Member Casper
stated that the Jenners should prove that a trailer existed, prove that there
were (2) dwellings on the property.
Member Campbell
mentioned Bouck possibly having pictures of the property, going back to ’97 –
it was stated that Bouck flew over the area often.
Chairman Amodei
mentioned Google Earth possibly having information.
Adelbert Jenner
stated the Town of Mentz should have record of the trailer with addition in ’56.
At 8:15pm, Member Casper made a motion to
adjourn, seconded by Member Campbell. Vote:
3 ayes, 0 nays. Carried.
Respectfully
submitted,
Vicki L. Hickey
ZBA Clerk
