MEMBERS PRESENT: Chairperson Thomas Berstene, Sandy Jeski, Stephen Wagner, Teri Dickey-Gaignat
ALTERNATES PRESENT: Daniel Gentile
Jim Kupchunos
STAFF PRESENT: Kathy Middleton, Recording Secretary
Michelle Lipe, Assistant Director of Planning
The following are motions made during the September 6, 2007 Public Hearing/Regular Meeting.
Public Hearing
Chairperson Berstene called the public hearing to order at 7:07 p.m.
The recording secretary read the legal notice into the record as it was published in the Journal Inquirer on August 25, 2007 and September 1, 2007
Appl. #2704-07 –IPSO Facto, LLC, 1343 Sullivan Ave- request for a variance to Table 6.5.7A to allow a permanent free standing sign of 36 square feet for property located at 1343 Sullivan Avenue, RR zone
Dan Gentile sat for Commission member vacancy.
Atty. Keith Yagaloff, of IPSO Facto came before the Commission and stated that he was requesting a 36 square foot sign variance to allow another free standing sign to be located on the property. Yagaloff stated that the are two previously approved signs on the property as well as a temporary sign (5’x6’) in front of the building. Yagaloff stated that to date there have been no complaints from neighbors regarding the sign or its location. Yagaloff stated that he would be willing to reduce the variance request to a 32 sq. ft sign in the location stated on the plot plan submitted and that he would like to have the sign 8 feet in height to protect the illuminated light from snow damage.
Commissioner Wagner asked if Yagaloff was replacing the sign that is already there. Yagaloff stated that he left the temporary sign there because he was going to submit an application for a permanent sign. There was question from the Commission regarding having three signs on the property. Yagaloff stated that the driveway sign could be taken down.
Public hearing closed at 8:04 pm.
Appl. #2706-07 – Cynthia D, Marlin -request for 8 foot variance to Table 3.1.2A to allow an 8 x 12 foot shed to be located (2) two feet from the side property line (10 feet required) on property located at 65 Murray Road, A-20 zone
Dan Gentile sat for Commission member vacancy.
Cynthia Marlin, of addressStreet65 Murray Road came before the Commission and stated that she was seeking a variance to place a shed on her property. Marlin stated that she removed an old, dilapidated shed from the same location that she would like to put the new shed. Marlin stated that she hired a surveyor to look at the lot and stated that this is the only area to put the shed due to the 64 foot drop.
The Commission commented on the steep slope of the land.
Public Hearing closed at 8:10 pm.
3. Appl. #2707-07 – Horace V. Grant Jr. –request for 28 foot variance to Table 3.1.2A to allow a shed to be located 22 feet from front property line (50 feet required) on property located at 713 Foster Street, RR zone
Jim Kupchunos sat for Commission member vacancy.
Horace Grant of addressStreet713 Foster Street came before the Commission requesting a variance of 22 feet
to allow a shed to be placed on his property. Grant stated that when he purchased the home
there wasn’t a street (addressStreetJonathan Lane) located to the side of his property. Today, as a result of street he has a 50 foot setback requirement Grant stated that he has done extensive landscaping to his property and wants to put the shed in a location where nothing will grow.
Steve R. Nodland of addressStreet699 Foster Street came before the Commission and stated that he is in favor of Mr. Grant’s application and feels that the location where Grant wants to put the shed is the perfect spot.
Commissioner Wagner asked Grant how far up against the trees will the shed be located. Grant stated that it was about 2-3 feet from the trees. Wagner asked what the hardship was. Grant stated that he was not aware when he purchased the house that there was going to be a street along his side yard.
Public hearing closed 8:26 p.m.
4. Appl. # 2708-07 – Paul E. Ferri – request for two variances to Table 3.1.2A to allow a shed to be located two (2) feet from the side property lines (as shown on plans submitted, 10 feet required), located at 7 Woodhaven Circle, A-20 zone
Jim Kupchunos sat for Commission member vacancy.
Paul Ferri of addressStreet7 Woodhaven Circle came before the Commission requesting a variance to allow a shed to be placed on his property. Ferri demonstrated the lay out of his property and explained that he doesn’t have a back yard big enough to put a shed therefore the area to the side is the only location that is big enough to put a shed and still allow his children a safe area where they can play.
Ferri explained that his hardship is that he has a slope in his yard and that the topography does not allow him to put the shed in any other location.
Public hearing closed 8:40 p.m.
ITEM: Deliberative Session
1. Appl. # 2704-07 - –IPSO Facto, LLC, addressStreet1343 Sullivan Ave
The board discussed the application. The majority of the members felt that the driveway sign was needed
Motion to: Approve with modifications - Appl. #2704-07 –IPSO Facto, LLC, 1343 Sullivan Ave- variance to Table 6.5.7A to allow a third permanent free standing sign, 32 sq. ft., 6 feet maximum height, minimum setback for a sign is back of property line or 10 feet from road, (whichever is further) on property located at 1343 Sullivan Avenue, RR zone
The Board concluded the hardship to be that the separation of the two buildings makes it difficult to distinguish the role of each business.
Was made by Commissioner Wagner
Seconded by Commissioner Jeski
The motion: carried
The vote was: unanimous
2. Appl. # 2706-07- Cynthia D. Marlin, addressStreet65 Murray Road
Motion to: Approve - Appl. #2706-07 – Cynthia D, Marlin - 8 foot variance to Table 3.1.2A to allow a 8’ X 12’ shed, two (2) feet from the side property line on property located at 65 Murray Road, A-20 zone
Was made by Commissioner Dickey-Gaignat
Seconded by Commissioner Gentile
The motion: carried
The vote was: unanimous
The Board concluded the hardship to be that the topography of the land does not allow for the shed to be located in any other area.
3. Appl. #2707-07 – Horace V. Grant Jr., addressStreet713 Foster Street
Motion to: Approve - Appl. #2707-07 – Horace V. Grant Jr. –28 foot variance to Table 3.1.2A to allow a shed to be located 22 feet from front property line on located at addressStreet713 Foster Street, RR zone
Was made by Commissioner Kupchunos
Was seconded by Commissioner Jeski
The motion: carried
The vote was as follows: 4 to 1 with Commissioners Berstene, Dickey-Gaignat, Jeski, and Kupchunos voting in favor of the motion and Commissioner Wagner voting against the motion
The Board concluded the hardship to be that when the property was bought, addressStreetJonathan Lane did not exist and as a result of the construction of the road, a 50 foot setback is required leaving the entire side yard unusable for structures.
4. Appl. # 2708-07 – Paul E. Ferri, addressStreet7 Woodhaven Circle
Motion to: Approve - Appl. # 2708-07 – Paul E. Ferri – two variances to Table 3.1.2A to allow a shed to be located two (2) feet from the side property lines on property located at addressStreet7 Woodhaven Circle, A-20 zone
Was made by Commissioner Wagner
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was: unanimous
The Board concluded the hardship to be the unusual shape of the land and the need for a safe play area for his children.
ITEM: Minutes
The minutes from July 12, 2007 were handed out to Commission members for review
ITEM: Other Business
Chairperson Berstene handed out invitations to the Chamber of Commerce Annual Dinner Meeting and Business Person of the Year Award Ceremony.
Michele Lipe discussed setting up a date for the Commission members to meet with the Planning and Zoning Commission to discuss the new zoning regulations. Jeski suggested waiting until after the election.
ITEM: Adjournment
Motion to: adjourn the meeting at 9:24 p.m.
Was made by Commissioner Jeski
Seconded by Commissioner Dickey-Gaignat
The motion: carried
The vote was as follows: unanimous
Respectfully submitted,
________________________________
Katherine J. Middleton
Recording Secretary
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