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April
15, 2004
Zoning Board of Appeals Minutes
Oswego Town Hall |
Chairman:
Randy Pratt
Board Members: Greg Auleta, Timothy Anderson,
Robert Baker, Brad Livesey, Greg Mills
Attorney to the Board: Kevin Caraccioli |
Call
To Order
Greg Mills, Chairman called the meeting to order at approximately
7:04 PM on April 15, 2004.
Attendance
Those in attendance were:
Greg Mills, ZBA Chairman
Robert Baker, ZBA Member
Greg Auleta, ZBA Member
Brad Livesey, ZBA Member
Kevin Caraccioli, Legal Advisor
Marjorie Best, ZBA Secretary
Approval of March 18, 2004 Minutes:
Greg Auleta made a motion that the March 18, 2004 Minutes be
approved. Brad Livesey seconded the motion. All ayes. Motion
carried.
Greg Mills stated we still need to make some changes in the
order of the Agenda. He said New Business should come before
Old Business. Kevin Caraccioli, Legal Advisor stated he would
come up with the correct format and send it to the Secretary.
New Business:
Application #2004-02:
Greg Mills called the Public Hearing at approximately 7:20 PM
on Application #2004-02, Tammy E. Anderson being the applicant.
Greg asked Mrs. Anderson to state her name, residence address,
and the purpose of the application.
Mrs. Anderson stated her name is Tammy E. Anderson, and resides
at 909 County Rte. 20, Town of Oswego. She stated she wants
to build a barn to replace the old barn. It does not fit within
the code as to the distance from the side boundary. She would
like to keep the house and barn on the same spot as it was.
The barn was 15 feet from the line, and she moved it over 3
more feet away from it. Greg Auleta questioned 18 feet to 20
feet, and now 33 feet? Tammy Anderson said the 18 feet is the
proposed building. The dotted line on the survey is the barn
in ruins, and that corner (pointing to the survey), if we are
able to build it, will be 18 feet away from the line. Greg Mills
said there would not be any confusion, as to the way the surveyor
broke down the map. It looks like a border on the back of the
property, which would be 2 feet. The reason he brought that
point up, is the County Planner looked at it for rear and side
yard variance.
Greg Auleta brought up the fact that in the inspector's denial,
the data was not filled in as to the front, back, left side
and right side. More information needs to be filled in on the
application to get the process streamlined. He said it is a
bureaucratic thing, but needs to be addressed. Greg Mills said
that if the Anderson's planned on building the barn on the existing
foundation as a replacement, we would not be here. The reason
it was denied was because it would be moved off the existing
foundation, and it would be a practical difficulty. The reason
he brought it up was to generate dialogue as to why Mrs. Anderson
changed the position of the barn.
Tammy Anderson stated it was stone and unsafe. Greg asked if
part of the barn would be put on the original foundation. Tammy
stated they are going to have a whole new pad. There were no
footers in the old barn. She wants this to function as a farm.
There will be a stable, and also a garage. She could not use
any of the old building, as it was unsafe. The design of the
new building will be easier to operate. Greg asked her if she
was going to use part of it as a garage, how is she going to
get the car in there. Mrs. Anderson showed on the drawing where
the front of the building will be, as the garage.
Kevin Caraccioli asked what practical difficulty would there
be by not moving the barn over. Tammy said the garage part would
be difficult, as well as the barn. She stated the main thing
is keeping the farm the way it was originally laid. She thinks
the aesthetics would look better. Greg Mills pointed out if
it was moved 32 feet, and the driveway was on a curve, the shed
would be in the way. Tim Anderson stated there are also the
utilities to consider from the house to the proposed barn. Greg
Mills wanted everyone to understand that if it was moved 32
feet to the right that the leach field exists.
Greg Mills asked if there were any more questions for the applicant
from the Board relative to the proposal. He said we are basically
looking for a variance of 32 feet and 30 feet in the back. The
neighbors signed for the letter and have no objection. He also
mentioned that on the survey, the left boundary is stone wall.
He asked if there was any comment from the public. Mr. Hal Hanson
was sitting in the room, but said he was not there to comment
on the application, that he was just an observer. Greg then
asked for a motion.
Greg Auleta moved that Application #2004-02 submitted by Tammy
E. Anderson for an Area Variance be approved for a reduction
in area variance; 32 feet from the proposed building. It is
documented as a practical difficulty. The building is to be
placed on the original footprints; that there would be significant
clearance from the leach field, as well as the practical difficulty
with the utilities, and the curving of the driveway.
Kevin Caraccioli stated we should modify the motion showing
practical difficulty of moving the building 50 feet, in compliance
with the Town Code. Greg Auleta then moved that the application
should be granted; (1) Significant clearance from the leach
field (2) Interference with the existing utility lines connecting
the residence to the pole barn, and (3) Alteration of the existing
driveway.
Greg Mills asked if there were any further questions. Brad Livesey
seconded the motion. Ayes by Greg Auleta, Bob Baker, Greg Mills
and Brad Livesey. Tim Anderson recused himself because it was
his wife's application. Motion carried.
Public Comment:
At approximately 7:45 PM, Greg Mills asked Hal Hanson if he
would like to present anything to the Board. Again, Mr. Hanson
stated he was present for observation. The Public Comment session
was then closed.
Open Board Discussion:
At approximately 7:50 PM, there was discussion on the forms
for the types of applications. The form presented at this Public
Hearing was entitled for a garage, whereby the applicant wants
to build a pole barn. Greg Auleta said it does not seem to be
the same type of application that was presented by Mr. Yule
at the last Public Hearing. He said there should be specific
forms for specific structures, as Mr. Yule's application had
more information.
Kevin Caraccioli stated that he planned to meet with the Town
and Planning Board Attorney to sort out the Land Use Control
and District Regulations Ordinance, and come up with an updated
Ordinance. At that time, he said we could go over the forms
and applications.
Discussion then came up as to footers and foundations for utility
and tool sheds, and whether they are considered a permanent
structure. Greg Mills said some people get confused when they
have an 84 Lumber tool shed. They cannot be on the property
line, and the structure is not permanent. Brad Livesey asked
if we have a definition for a moveable building. He stated he
has some plans in mind, and would like to determine what is
movable, and what is permanent. Tim Anderson said he looked
into specifics of a utility shed, and there is nothing in black
and white.
Kevin Caraccioli quoted from the Ordinance "Building shall
be so located as to allow the following minimum sizes of yards
in feet, measured from such building to nearest abutting lot
line or nearest highway right of way." It also depends
on what zone you are in. Front yard could be 50 feet, side and
rear could be 20 feet. Kevin then quoted the definition of a
building - "Any non-portable structure built for the support,
shelter or enclosure of persons, animals, mechanical devices
or chattels, and, when separated by division walls without openings
from the ground up, each portion of such structure shall be
deemed a separate building."
Greg Mills stated a shed would be a building. If you put a shed
on the ground and have piers under it, that it would be movable.
Greg Auleta stated if you put skids under a building, it would
be movable. Brad Livesey said he plans to put in a very large
outside freezer that will require a pad, and wondered it that
would be considered portable. Greg Mills said the definition
of a building is so general. Greg Auleta said there are Ordinances
in Geneseo and Hannibal, that have definitions which would enable
the Town to gain control of its land use without opening issues
of confusion. There should be specific definitions. Kevin Caraccioli
again stated when he meets with the other Board's Attorneys,
they hope to come up with a solution.
Adjournment:
At approximately 8:15, Greg Auleta made a motion to adjourn
the meeting. Brad Livesey seconded the motion. All ayes. Motion
carried.
Respectfully submitted,
Marjorie Best
ZBA Secretary |
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