[00:00:06]
MR. CHAPMAN, WOULD YOU LEAD US? I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS.
ONE NATION UNDERGONE INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.
DO YOU REMAIN STANDING FOR A MINUTE, FOR A MOMENT OF SILENCE FOR OUR US MILITARY, FOR THOSE WHO ARE SERVING AND FOR THOSE WHO HAVE MADE THE ULTIMATE SACRIFICE.
OKAY, BEFORE WE GET STARTED, I WANNA POINT OUT OUR FIRE EXITS, WHICH ARE DIRECTLY BEHIND YOU, UP THE STAIRS AND OUT TO MY LEFT, OVER HERE, UP THOSE STAIRS AND OUT THE DOOR THERE.
I'D LIKE TO WELCOME EVERYONE TONIGHT TO THE HAMBURG TOWN ZONING BOARD OF APPEALS MEETING.
THE MEETING WILL CONSIST OF TWO PARTS.
THE FIRST PART, WE WILL HAVE EACH ONE OF YOU COME UP, UH, READ YOU YOUR APPLICATION, AND SO ON AND SO FORTH.
ANYBODY ELSE THAT'S IN ATTENDANCE HERE THAT WANTS, UH, TO COMMENT ON THAT PARTICULAR APPLICATION IS WELCOME TO A SECOND.
HALF OF THE MEETING WILL BE STRICTLY FOR THE DELIBERATION OF THE BOARD ON EACH INDIVIDUAL APPLICATION.
I ALSO ASK IF YOU COULD TO PLEASE TURN OFF OR TURN DOWN AT LEAST ANY DEVICES, ESPECIALLY YOUR CELL PHONES.
I ASK IF THERE'S ANY OTHER CONVERSATION GOING ON THAT YOU EXIT THE ROOM SO WE'RE NOT INTERRUPTED.
AND PLEASE, WHEN YOU COME UP AND SPEAK AT THE PO AT THE PODIUM, PLEASE TRY TO BE AS CLOSE TO THE MICROPHONE AS POSSIBLE AS THIS IS NOW STREAMED LIVE, UH, FROM BEGINNING TO END.
ANYBODY HAVE ANY QUESTIONS BEFORE WE START? I WOULD SAY ALSO, IF THEY'RE YOUR APPLICATION, IT'S ACCEPTED TONIGHT.
IF YOU WOULD PLEASE WAIT TILL FRIDAY BEFORE YOU GO TO THE BUILDING DEPARTMENT SO THEY CAN HAVE YOUR PAPERWORK READY FOR YOU.
ANY OTHER QUESTIONS BEFORE WE GET STARTED? ALRIGHT, MADAM SECRETARY, THE TOWN OF HAMBURG BOARD OF ZONING APPEALS WILL MEET ON TUESDAY, APRIL 1ST AT 7:00 PM IN ROOM SEVEN B OF HAMBURG TOWN HALL.
THE BOARD WILL CONSIDER THE FOLLOWING APPLICATIONS,
[1. Tabled Application # 6085 Daniel & Sandra Smith - Requesting a use variance and two (2) area variances for a proposed addition to the existing day care facility at 2095 Lakeview Road (Part 1 of 2)]
TABLED APPLICATIONS 6 0 8 5 DANIEL AND SANDRA SMITH REQUESTING A USE VARIANCE AND TWO AREA VARIANCES FOR A PROPOSED ADDITION TO THE EXISTING DATE CARE FACILITY AT 2095 LAKEVIEW ROAD.UH, HERE TO SPEAK ON THE MATTER.
PLEASE COME FORWARD RIGHT FOR THE PODIUM.
HELLO, MY NAME IS SANDY SMITH.
THIS IS MY HUSBAND DANIEL SMITH.
I'M THE OWNER OF LAKEVIEW CHILDREN'S WORLD.
I WAS HERE LAST MONTH, UM, REQUESTING A VARIANCE TO PUT AN ADDITION ON.
UM, AT THE REQUEST OF THE BOARD THEY WERE LOOKING FOR, UM, HARDSHIP AS TO, YOU KNOW, WHY THIS WAS NECESSARY, WHY THIS VARIANCE WAS NECESSARY, UM, IN ORDER FOR ME TO, UH, SELL MY BUSINESS.
UM, UNFORTUNATELY I EMAILED THIS LETTER THAT I PUT TOGETHER WITH MY ACCOUNTANT TO SARAH, BUT I DID YOU GUYS RECEIVE IT OR YOU HAVE NOT RECEIVED IT? I HAVE TO MY KNOWLEDGE.
I, I, I RECEIVED IT LATE AND THEN I EMAILED IT OVER TO SARAH AND I DIDN'T HEAR BACK FROM HER, SO I ASSUMED THAT MAYBE SHE WASN'T IN THE OFFICE AT THE TIME.
UM, SO PUTTING IT TOGETHER WITH THE ACCOUNTANT IS, IS WHAT YOU HAD REQUESTED WHEN I WAS HERE THE LAST TIME.
UM, BASICALLY IT READS, IN ORDER TO CONTINUE OPERATING A VIABLE DAYCARE AT THE SUBJECT PROPERTY, IT WILL BE NECESSARY TO ADD CAPACITY IN ORDER TO ACCOMMODATE MORE CLIENTS.
THE ATTACHED ILLUSTRATION SHOWS HOW A PROSPECTIVE BUYER PROPOSES TO ACCOMPLISH THIS.
A 3000 SQUARE FOOT EDITION IS PROPOSED.
IT INCLUDES TWO CLASSROOMS WITH A CAPACITY OF 18 AND 25 CHILDREN AND FOUR RESTROOMS TO MEET NEW YORK STATE CODE FOR THE NEW CAPACITY.
THIS ADDITION WOULD BE LOCATED WITHIN THE FOOT FOOTPRINT OF A STRUCTURE THAT PREVIOUSLY EXISTED BUT WAS REMOVED DUE TO A FIRE DAMAGE BEFORE THE EXISTING DAYCARE CENTER WAS ESTABLISHED.
THE REASONS FOR THIS INCLUDE BOTH INCREASING COST, UM, IN EVOLVING STATUTORY REQUIREMENTS IMPOSED BY NEW YORK STATE.
IMPROVEMENTS IN SCALE AND EFFICIENCY ARE NECESSARY TO SURVIVE, SURVIVE THESE CHALLENGES.
A RECENT INCOME COMPARISON ILLUSTRATES AND IT SHOWS OVER THE PAST, UH, THREE YEARS, A LOSS OF INCOME FOR MY BUSINESS.
I AM READY TO RETIRE, BUT I CANNOT COMFORTABLY DO SO WITHOUT APPROVAL TO MAKE THIS
[00:05:01]
BUSINESS SUSTAINABLE SO IT CAN BE SOLD.ALTERNATIVELY, THE PROPERTY WOULD NEED TO BE REPURPOSED AS ADDRESSED IN THE ATTACHED LETTER.
IT WOULD NOT BE FEASIBLE TO RETURN THE PROPERTY TO RESIDENTIAL USE.
ANY OTHER FORESEEABLE COMMERCIAL USE WOULD UNDOUBTEDLY REQUIRE MORE SUBSTANTIAL MODIFICATION THAN IS CURRENTLY PROPOSED.
IN SHORT, IF THE PROPOSED VARIANCE IS NOT GRANTED, IT WILL CREATE SIGNIFICANT HARDSHIP EITHER TO CONTINUE OPERATING THE EXISTING DAYCARE OR TO SELL THE BUSINESS TO A NEW OPERATOR.
AND SO I DID ATTACH THE PROPOSED, UM, BLUEPRINTS, WHICH I BELIEVE YOU ALREADY HAVE IN YOUR FILES, AND ALSO THE LETTER FROM PAUL WALINSKI SHOWING WHAT IT WOULD COST TO PUT THIS PROPERTY BACK TO, UM, YOU KNOW, IF I HAD TO CONVERT IT.
ANYBODY ON THE BOARD HAVE ANY PARTICULAR QUESTION FOR THE APPLICANT, ESPECIALLY DUE TO THE FINANCIAL DISCLOSURE FOR OTHER USE VARIANCES? ANYBODY, ANYBODY HERE TO SPEAK ON THIS PARTICULAR, UH, APPLICATION? ANYBODY AT ALL? COME ON UP, PLEASE.
PLEASE STATE YOUR NAME AND ADDRESS PLEASE.
CHARLES STONE, 2 0 6 9 LAKEVIEW ROAD.
MY QUESTION IS THE REQUEST FOR THE USE OF VARIANCE.
I THOUGHT IT WAS ZONED RESIDENTIAL AND WILL THEY NOT HAVE TO HAVE A NON-RESIDENTIAL? IS THAT WHAT THEY'RE LOOKING TO DO IN ORDER TO EXPAND? WELL, THE STRUCK THE, THE BUSINESS IS THERE AND BEEN THERE FOR 28 YEARS YES.
THEN WHY DO THEY NEED THE VARIANCE? WHY ARE THEY ASKING FOR THE USE OF VARIANCE? WELL, MAYBE YOU CAN OH, WELL, AS EXPLAINED, UM, I HAVE A VIABLE BUYER WHO IS INTERESTED BUT SEE THE LOSS OF INCOME OVER THE LAST THREE YEARS.
HE WANTS TO COME IN AN ADDITION ON, UM, SO THAT WE CAN GET MORE CHILDREN.
YEAH, I UNDERSTAND YOU'RE STILL GONNA DO A DAYCARE LIKE THAT.
I UNDERSTAND IT'S STILL GONNA BE A DAYCARE.
BUT AS IT WAS STATED BEFORE, HAVE YOU TRIED TO SELL IT AS IS? YEAH, I'VE BEEN LOOKING FOR OVER A YEAR AND A HALF.
OH, I'M KIND OF CONFUSED ON THAT.
SO HOW, HOW HAVE YOU BEEN LOOKING IF IT HAST BEEN LISTED? I'VE HAD MY, UM, MY WORD OUT.
I'VE ASKED OTHER DAYCARE CENTER OWNERS IF THEY'RE INTERESTED.
I DON'T WANT TO SCARE MY PARENTS THAT I HAVE NOW WITH THE SALES PUMP.
I JUST KIND OF WANTED MAKE IT AN EASY TRANSITION PAYMENT.
I WAS JUST, I'M JUST CURIOUS IF YOU COULD SELL IT AS IS WITHOUT EXPANDING AT THIS TIME.
UH, THE ONLY BUYER THEY HAVE UP TO NOW, AT LEAST OVER THE LAST YEAR AND A HALF, WOULD HAVE, WOULD WANT TO EXPAND THE BUSINESS.
ANYBODY ELSE HASN'T COME FORWARD AS FAR AS WORD OF MOUTH GOES, BUT WHATEVER IT MEANS THAT THEY'VE USED OVER THE PAST 18 MONTHS? YEAH.
IN, IN ANSWER TO YOUR QUESTION, THEY NEED IT BECAUSE RIGHT NOW IT'S, IT'S RESIDENTIAL AND DAYCARE CENTERS AND THE LIKE ARE NOT ALLOWED IN A RESIDENTIAL, UH, AREA.
SO THAT'S WHY THEY NEED A USE VARIANCE.
THAT'S THE'S WHAT I WAS LOOKING FOR.
SO THAT'S WHY THEY NEED THE VARIANCE.
AND THERE'S NO WAY YOU CAN STAND IN OPPOSITION TO THAT VARIANCE.
YOU CAN STAND THERE RIGHT NOW AND TELL US YOU'RE OPPOSED TO IT.
THAT'S ALWAYS TAKING INTO CONSIDERATION.
IS THERE ANYONE ELSE HAS ANYTHING TO SAY AS FAR AS THIS PARTICULAR APPLICANT GOES? NO.
LAUREN, YOU KNOW, NUMBER TWO HAS BEEN, UH, TAKEN OFF THE AGENDA.
OH, THEY NO LONGER HAVE TO APPLY.
SO WE CAN GO RIGHT TO THE NEXT
[3. Application # 6091 Kevin Melisz – Requesting an area variance for a proposed detached garage at 6571 Versailles Road (Part 1 of 2)]
ONE.APPLICATION 6 0 9 1 KEVIN MALISE REQUIRING AN AREA VARIANCE
[00:10:01]
FOR A PROPOSED DETACHED GARAGE AT 65 71 VERSAILLES ROAD.HOW YOU DOING? KEVIN ELLIS? UM, I BELIEVE YOU GUYS HAVE A COPY OF IT.
THE CURRENT PROPERTY ALREADY HAS OF EXISTING STRUCTURE ON MY SURVEY.
IT IS, DON'T KNOW WHEN THE ORIGINAL BUILT THAT WAS ORIGINALLY A CHICKEN COOP FROM SIXTIES, SEVENTIES, AND THE PREVIOUS OWNER ADDED ONTO IT TO ADD TO STORE'S BOAT.
UM, IT'S KIND OF FALLING APART MORE ON THE CHICKEN COOP SIDE AND WAS NEVER BUILT CORRECTLY.
UH, I CAN'T TELL YOU WHEN NINETIES, LATE EIGHTIES.
UM, AND I WAS GONNA REBUILD IT WITH A POLE BARN AND THEY SAID BECAUSE OF MY DETACHED GARAGE THAT'S ALREADY IN THE PROPERTY THAT I WOULD BE EXCEEDING THE SQUARE FOOTAGE FOR DETACHED BUILDINGS.
BUT THERE IS AN EXISTING STRUCTURE, IT IS ON MY SURVEY AND I'M JUST LOOKING TO REPLACE IT OR UPGRADE IT.
AND I DO HAVE SIGNATURES FOR ALL THE PROCESS NEIGHBORS WHO WOULD BE VISIBLE TO IT.
AND THEY ALL AGREED THAT IT WOULD BE BETTER TO HAVE IT CLEANED UP, FIXED UP THAN KEEPING IT TRYING TO REPAIR IT.
DID YOU JUST TALK WITH THE NEIGHBORS OR DO YOU HAVE ANYTHING? NO, I HAVE ALL THE SIGNATURES FROM THERE.
YEAH, IF YOU WOULD TURN THAT IN, JUST SO JEFF HAS IT FOR PART OF THE RECORD.
ANYBODY ELSE FROM THE BOARD HAVE ANY QUESTIONS FOR THE APPLICANT AT ALL? NO.
AND THERE'S NO WAY YOU CAN DECREASE THE SIZE OF THE PROPOSED NEW SHED.
I MEAN, THERE'S A WAY TO DECREASE THE SIZE IF IT'S A POLE BARN, BUT THE EXISTING STRUCTURE, IT'S NOT SUBSTANTIALLY LARGER THAN THE EXISTING STRUCTURE.
IT'S GONNA STAY IN THE SAME LOCATION.
WELL, IF YOU'RE ASKING FOR A 766 FOOT SQUARE FOOT VARIANCE, SO IT'S ALMOST TWICE THE SIZE, TWICE THE SIZE OF THE EXISTING STRUCTURE, IT IS NOT MORE THAN TWICE THE SIZE OF THE EXISTING STRUCTURE.
SO IT, THE CODE IS 850, CORRECT? MY BARN, I HAVE THE VARIANCE IS ASKING FOR A COMBINATION OF THE EXISTING GARAGE AND THE BARN.
THEY'RE NOT ASKING FOR SHOWING IN THE ACTUAL, WHAT THE VARIANCE SIZE DIFFERENCES BETWEEN THE BARN THAT'S EXISTING.
THEY'RE ASSUMING THAT THE BARN IS KNOCKED OVER AND THAT I HAVE TO ASK FOR IT AGAIN.
BUT YOU'RE STILL ASKING FOR VARIANCE OF 766 SQUARE FEET? YES.
BUT THE EXISTING STRUCTURE IS I THINK 696.
SO I'M AT ASKING FOR, I THINK IT'S 70 SQUARE FOOT ADDITIONAL SPACE.
BUT THE SPACE ISN'T REALLY WHAT I'M ASKING FOR.
I'M ASKING FOR THE RIGHT TO TAKE IT DOWN.
BUT THE VARIANCE THAT YOU'RE, YOU NEED IS A TOTAL OF 766 SQUARE FEET OVER THE EXISTING GARAGE? CORRECT.
SO YOU'RE TAKING THE EXISTING GARAGE DOWN AND THEN JUST REPLACING, OR YOU'RE KEEPING IT, THERE'S A EXISTING GARAGE THAT'S BEEN REBUILT BEHIND THE GARAGE.
ON THE SURVEY YOU'LL SEE THERE'S AN EXISTING BARN THAT'S THE PICTURES OF THE BARN.
SO IF YOU LOOK AT THE SURVEY THAT WAS ATTACHED, THERE IS TWO STRUCTURES THAT ARE BOTH DETACHED FROM THE HOUSE AND THAT ARE EXISTING.
THE SECOND ONE IS THE ONE I'M LOOKING TO TAKE DOWN AND THEN REBUILT.
AND AS THE TOWN SAID, I COULD REPAIR IT, I'M LEGALLY ALLOWED TO KEEP REPAIRING IT, BUT I'M LOOKING TO PUT A NICER BUILDING OFF WITH THE RIGHT DOORS AND FIX IT PROPERLY.
IF NOT, I'M GONNA STAY WITH IT AND KEEP REPAIRING IT.
ANY OTHER QUESTIONS? COMMISSIONER? ADRIAN, GO AHEAD.
UH, HAVE YOU, HAVE YOU TAKEN INTO CONSIDERATION ATTACHING IT TO THE EXISTING GARAGE, THE NEW BUILD? I DON'T THINK IT WOULD MAKE ANY SENSE TO, WITH THE EXISTING STRUCTURE BEING BRICK.
AND THEN ONE PORTION OF THE THIRD IS WOOD TO TRY TO BLOW OUT A WALL THAN THAT.
I JUST WANTED, IT WOULD COST MORE TO DO THAT THAN IT WOULD BE.
YOU, YOU'RE, YOU'RE ELIMINATING ONE WALL, BUT THAT'S UP TO YOU.
I MEAN, IT'S NOTHING TO DO WITH CODE OR ANYTHING ELSE.
NO, I JUST, IT WOULD MAKE MORE SENSE TO USE THAT EXISTING SPOT.
PROPERTY THAT ALREADY, IT SHOULDN'T SAY THE POLE BARN.
THE REASON WHY I ASK 'CAUSE IT WOULD ELIMINATE A COUPLE VARIANCES OR ONE VARIANCE, YOU KNOW, I'D STOP ASKING THE VARIANCE WOULDN'T I? BECAUSE IT'S ALREADY THAT STRUCTURE THAT'S ALREADY EXCEEDED.
AS FAR AS THE AREA VARIANCE REGARDING CLOSENESS TO THE, THE PROPERTY LINE.
OH, I'D BE THREE FEET OFF THE PROPERTY LINE.
YEAH, THAT'S NOT A VARIANCE THAT I'M REALLY INSTRUCTOR.
IT'S ALREADY EXISTING OFF THE LINE.
I'M NOT ASKING TO BE ON THE LINE.
ANYBODY ELSE WITH ANY QUESTIONS? ANYONE HERE CARE TO SPEAK ON THIS PARTICULAR APPLICATION?
[00:15:02]
NOPE.[4. Application # 6092 Dave’s Hot Chicken – Requesting three (3) area variances for proposed building signage at 3560 McKinley Parkway (Part 1 of 2)]
6 0 9 2 DAVE'S HOT CHICKEN REQUESTING THREE AREA VARIANCES FOR PROPOSED BUILDING SIGNAGE AT 35 60 MCKINLEY PARKWAY.KIRK WRIGHT SIGNED IN THE LEADING SERVICES FIVE 30 STATE ROUTE 1 0 4, ONTARIO, NEW YORK.
UH, YOU HAVE A NEW DAVE'S HOT CHICKEN GOING IN AND UH, WE'RE LOOKING FOR SIGNS ON TWO SIDES OF THE BUILDING.
UH, THE ONE SIDE DOES NOT FACE A DRIVE, UH, BUT IT DOES FACE, UH, THE, THE PLAZA AND A LOT OF, UH, BUSINESSES.
SO WE'RE TARGETING THE FOOT TRAFFIC.
UM, SIGNS WILL BE ILLUMINATED.
THEY HAVE, UH, WHITE FACES THAT ILLUMINATE AND THEN IT HAS A RED GLOW, A HALO LIGHT AROUND THE LETTER.
UM, I BELIEVE EVERYONE HAS THE DRAWINGS.
ANY QUESTIONS? ANYBODY ELSE? YEAH.
ELSE FROM THE BOARD? HAVE ANY QUESTIONS REGARDING THE SIGNS? ANYBODY? NOPE.
ANYONE ELSE HERE, HERE TO SPEAK ON THIS PARTICULAR APPLICATION? YOU HAVE ANY QUESTIONS? OKAY, THANK YOU.
[5. Application # 6093 Town of Hamburg – Requesting five (5) use variances and two (2) area variances for proposed signage at 4476 Lakeshore Road (Part 1 of 2)]
6 0 9 3 TOWN OF HAMBURG REQUESTING FIVE USE VARIANCES AND TWO AREA VARIANCES FOR PROPOSED SIGNAGE AT 44 76 LAKESHORE ROAD.HELLO, THANKS AGAIN FOR HAVING ME OUT HERE TODAY.
UH, IN JANUARY, WE HAD TO MAKE A CASE THAT, UH, FOR, FOR OUR FIRST SUBMISSIONS THAT WE HAD A HARDSHIP AND, UH, WE HAD A DOCUMENT THAT WAS PREPARED BY DIRECTOR OF YOUTH, UH, UH, RECREATION AND SENIOR SERVICES, JILLIAN GORMAN KING.
I HAVE A COPY OF IT HERE AGAIN TODAY IF, IF WE NEED IT.
UH, AND SHE SPOKE TO THE REALISTIC AND SIGNIFICANT HARDSHIPS AT THE DEPARTMENT, THE RECREATION DEPARTMENT FOR THE TOWN OF HAMBURG HAS SUBSEQUENT TO THAT.
UH, AND, AND WE WERE ABLE TO MAKE THE CASE BACK IN JANUARY AND, AND WE MOVED ALONG WITH A, A, A COUPLE MORE MEETINGS AND, UH, HAD SOME FAVORABLE RESULTS.
UM, OVER THE LAST WEEK, JUST IN PREPARATION FOR TODAY, I DID SPEAK WITH JILL.
I SPOKE WITH THE LAST RECREATION DIRECTOR, MARTY DEKE AT LENGTH.
I WANTED TO UNDERSTAND IT WAS, I WANTED TO MAKE SURE I UNDERSTOOD.
YOU KNOW, OBVIOUSLY WE, WE WERE SHOW, WE SHOWED THE LEVEL OF HARDSHIP.
I WANTED TO UNDERSTAND HOW, YOU KNOW, SOME OF THE THINGS THAT HAVE COME TO LIGHT TO ME ANYWAY, YOU KNOW, WEREN'T DESIGNATED AS CRISIS, YOU KNOW, NOT HAVING A GIRL'S, UH, LOCKER ROOM AND SO ON.
SO THEY, THEY TOLD ME IT WAS PROBABLY ALL CLOSER TO CRISIS, THAT A LOT OF THE HARDSHIP WAS, YOU KNOW, WANTS INSTEAD OF NEEDS, UH, THROUGH YEARS AND YEARS AND DECADES.
UM, SO IN REALITY, I WOULD ARGUE THAT THIS IS MORE THAN A HARDSHIP.
UH, AND IT'S, IT'S, YOU KNOW, IN SOME CASES CRISIS THAT WE'RE TRYING TO SOLVE TO.
AND, UH, I DO BELIEVE THAT THIS PROGRAM THAT WE'VE, WE'RE NOT JUST NOW IMPLEMENTING WILL BE A SOLUTION, UH, FOR, UH, THAT, AND IN THIS PARTICULAR LOCATION IS REALLY JUST MOVING THE ONE THAT WE WANTED FROM ROUTE FIVE AT THE HAMBURG BEACH DOWN ABOUT, I DON'T KNOW, SEVERAL HUNDRED YARDS TO, UH, UH, ACROSS FROM BROOKS PHARMACY TO WHAT REALLY COULD BE A BEAUTIFUL PARK, UH, AND SHOULD BE A BEAUTIFUL PARK.
UH, IT SITS RIGHT AT THE BORDER, I GUESS, OF LOXLEY PARK AND, UH, MOUNT VERNON.
SO, UM, THAT'S THE HARDSHIP IS REAL.
THE PROGRAM IS WE THINK IS GONNA BE GREAT.
AND IN, IN FACT TODAY I HAD A MEETING WITH A VERY, UH, SENIOR PERSON, UH, UH, A NICE, UH, WOMAN AT A, A HEALTHCARE COMPANY IN TOWN.
AND HONESTLY, THE STORY OF, OF, OF US, YOU KNOW, POTENTIALLY HELPING TO SATISFY THE NEEDS OF THE HILBERT COLLEGE WOMEN'S HOCKEY TEAM WITH SOME OF THESE PROCEEDS, UH, WAS SOMETHING THAT, UM, CERTAINLY GOT HER ATTENTION IN A VERY FAVORABLE WAY.
SO, UH, COMING HERE TODAY, HARDSHIP IS REAL.
[00:20:01]
IT'S PROBABLY A LOT GREATER THAN ANY OF US EVER REALLY REALIZED.ANYBODY HAVE ANY QUESTIONS FOR JOHN AT ALL? ANYBODY ELSE HERE TO SPEAK IN THE MATTER? UH, YES.
JOHN, WOULD YOU LET HIM SPEAK? RIGHT, SIR.
I LIVE AT 45 0 1 LAKE SHORE ROAD.
UM, I HAVE, I WAS JUST NOTIFIED BY A RANDOM, UH, NEIGHBOR ABOUT THIS SIGN.
UM, I DON'T KNOW ANYTHING ABOUT IT.
I'VE NEVER RECEIVED A LETTER IN THE MAIL.
THE TWO, THE TWO RESIDENT, LET ME JUST TELL YOU, THE TWO RESIDENTS THAT CAME WITHIN NEW OR THE, UH, TOWN CODE WERE NOTIFIED.
IT'S ONLY WITHIN JEFF, CORRECT ME IF I'M ON A HUNDRED FEET.
OF WHERE THE, SO THE TWO RESIDENTS THAT WERE, THAT FALL WITHIN THAT CODE WERE NOTIFIED? OH, NO, I'M GLAD YOU'RE HERE.
UH, MY, UH, IT'S, UH, MY IMMEDIATE NEIGHBOR, UH, SHE'S ALSO NOT ERICA, UM, I CAN'T PRONOUNCE HER NAME, STARTS WITH A G UH, I ASSUME SHE ALSO DOES NOT FALL IN THAT 100 FEET, BECAUSE COULD BE, YEAH, THE, UM, I TALKED TO MIKE, UH, DON, HE, OR, AND HE SAID HE LIKE, UH, AGREED TO IT, BUT HE ALSO SAID THAT IT WAS GONNA BE WAY DOWN THE ROAD AND NOT IN THE PARK.
UM, HE SAID IT WAS EARLY WHEN, UH, UH, THEY SPOKE TO HIM, SO HE APOLOGIZED.
BUT REGARDLESS, UM, IF I COULD JUST INTERRUPT, IF YOU COULD TALK CLOSER TO THE MICROPHONE SO THAT WE CAN MAKE SURE.
SO, UH, I SPOKE TO SOME OTHER RESIDENTS AND UH, BASICALLY IT'S A LAKE SHORE AVENUE.
LIKE, IT'S LIKE YOU'RE OBSTRUCTING THE VIEW OF THE LAKE.
LIKE IT'S THIS, IT WITH A, A ILLUMINATED SIGN THAT IS GOING TO BE SHINING INTO THE HOUSES.
IF YOU LOOK AT ALL THE HOUSES IN THIS AREA, NO ONE HAS CURTAINS ON THEIR WINDOWS BECAUSE THEY LOVE THE VIEW OF THE LAKE AND YOU'RE GONNA OBSTRUCT IT WITH A SIGN THAT'S JUST GONNA BE BLOWING ALL NIGHT LONG.
LIKE, AND I DON'T KNOW, LIKE EVERYONE THAT I'VE SPOKEN TO OPPOSES IT.
UM, LIKE I ALSO SPOKE TO, UM, SCOTT, UH, I DON'T KNOW HIS LAST NAME, BUT HE LIVES RIGHT BEHIND THE MALL.
AND HE BASICALLY SAID THE TOWN'S GONNA DO WHATEVER THEY WANT TO DO, BUT HE DIDN'T WANT IT EITHER.
LIKE, NO ONE WANTS THE SIGN, LIKE I, I'M SORRY THAT THERE'S PEOPLE IN NEED OF MONEY, BUT LIKE, WHY DOES THERE HAVE TO BE AN ILLUMINATED SIGN? LIKE A, LIKE A, IN THE MIDDLE OF A NEIGHBORHOOD LIKE THAT HAS A VIEW OF THE LAKE.
LIKE, CAN'T WE PUT THIS SIGN LIKE ON SOUTH PARK OR, UH, ANYWHERE ELSE LIKE THAT IS HIGH TRAFFIC THAT DOESN'T HAVE LIKE, SOMETHING THAT PEOPLE LIKE BUY HOUSES FOR, LIKE, JUST DOES NOT MAKE SENSE AT ALL TO LIKE, TO ME AT ALL TO HAVE LIKE A SIGN OBSTRUCTING LIKE, UM, I DON'T KNOW, SOMETHING PEOPLE DRIVE TO THE, UH, TOWN PARK TO VIEW THE LAKE AND LIKE WHEN PEOPLE ARE DRIVING BY, THEY DON'T CARE ABOUT A SIGN.
THEY WANT TO LOOK AT THE LAKE LIKE, AND WE'RE GONNA OBSTRUCT THE VIEW OF THE LAKE WITH A SIGN JUST SEEMS, I OPPOSED TO LIKE, UM, ALRIGHT.
CAN YOU SPEAK ON, AS FAR AS THE LOCATION, IS THERE ANYTHING TO DO WITH THE ROOF? UH, THE LOCATION, IT'S ACROSS FROM THE CHINESE RESTAURANT, UH, BROOKS PHARMACY.
UM, THERE'S, IT'S A LITTLE PLAZA.
IT'S, THAT'S WHERE I LOOK OUT MY WINDOW AT THE LAKE AND THAT IS EXACTLY WHAT I LOOK AT.
LIKE, I DON'T UNDERSTAND HOW MYSELF OR MY NEIGHBOR HAVE NOT BEEN LIKE IN LIKE, UH, NOTIFIED BY THIS BECAUSE IT'S DIRECTLY IN FRONT OF OUR HOUSE.
WELL, I BELIEVE IT'S IN FRONT OF THE SMALL PLAZA, WHICH WOULD BE BUSINESSES WHERE THERE ALREADY ARE, UH, LED SIGNS.
THE BROOKS PHARMACY I KNOW HAS ONE.
ARE YOU FAMILIAR WITH WHERE EXACTLY WHICH THE SIGN IS NOT ACROSS FROM ANY RESIDENCY.
I CAN TELL YOU THAT JOHN CAN, I DON'T KNOW IF YOU'VE GOT ANYTHING THERE SHOWING.
YEAH, I, I WANTED, YEAH, WELL I DON'T GET, I WENT OVER THERE THE OTHER DAY TO MAKE SURE I WALKED THE WHOLE, THE WHOLE SPACE JUST IN CASE SOMEBODY CAME OVER AND WAY POSITION, IT'S GONNA BE IN, IT'S STILL A WIDE OPEN AREA, ANY OF THE HOUSES, MOUNT VERNON AND FIVE, IT DOESN'T OBSTRUCT ANY OF THAT.
AND THERE ARE NO HOUSES THAT WOULD HAVE, UH, DETRIMENTAL VIEWS BECAUSE OF THE WAY SOME OF THE BUILDINGS ARE COMING FROM THE OTHER ANGLE.
SO, UM, I JUST DID IT THE OTHER DAY.
I'M NOT, AND KNOWING WHERE THE SIGN IS GONNA BE, IT
[00:25:01]
WOULD NOT BE, UH, UH, SOMETHING THAT WOULD BE A HINDRANCE.YOU STILL, IF YOU SEE THE CITY FROM YOUR HOUSE, YOU'LL STILL SEE IT.
I, I STOOD IF THAT'S YOUR PROPERTY ON THE I STOOD THERE.
AND YOU'LL STILL SEE THE CITY AND YOU'LL STILL SEE THE ANYBODY ELSE FROM THE BOARD HAVE ANY COMMENTS OR ANY OTHER QUESTIONS FOR JOHN OR THIS GENTLEMAN AT ALL? NOPE.
ANYONE ELSE HERE WOULD LIKE TO SPEAK ON THIS PARTICULAR ISSUE? THESE ARE, BY THE WAY, I HAVE NO COST TO TOWN TAXPAYER, JUST SO YOU ARE AWARE.
THEY HAVE GONE AHEAD AND RAISED, UH, MONEY TO HAVE THESE PUT IN.
UM, AGAIN, THERE'LL BE MULTIPLE USE.
UH, WE TALKED ABOUT THIS WITH THE OTHER FOUR SIGNS THAT WERE ALREADY APPROVED REGARDING SAY ROAD CLOSURES.
UM, UH, ANYTHING THAT HAVE TO DO WITH THE TOWN WE MADE, YOU KNOW, TO ALERT THEM FOR ANYTHING AMBER ALERTS, ANYTHING THAT MAY BE USED.
AND THE SAME THING DOESN'T HAVE TO BE ON ALL FIVE OF THEM.
IT CAN BE SEPARATE, IT COULD BE ON ALL FIVE.
CHAIRMAN IS YOUR A MICROPHONE ON? SHOULD BE.
SOUND OKAY? APPARENTLY THERE'S NO SOUND.
UM, JUST SO EVERYBODY WAS AWARE, I MEAN, DOES ANYBODY ELSE HAVE ANY QUESTIONS REGARDING, WE HAVE ALREADY HAD FOUR OF THESE APPROVED, ESPECIALLY AT THE UH, NIKE BASE AND THE TOWN GOLF COURSE.
IF IT WOULD HELP, I MEAN THERE IS A, AN OVERHEAD VIEW OF THE PIECE OF PROPERTY THAT THEY'RE LOOKING TO PUT IT ON.
IF ANYBODY NEEDS TO SEE IT, IF ANYBODY WANTS TO SEE IT, SURE THEY'RE MORE THAN HAPPY TO COME UP OR PUT IT ON THE PODIUM IF ANYBODY WANTS TO LOOK AT IT.
[6. Application # 6094 Jeremy Tirado – Requesting an area variance for a proposed fence at 4021 Towers Place (Part 1 of 2)]
APPLICATION 6 0 9 4 JEREMY TODO REQUESTING AN AREA VARIANCE FOR A PROPOSED FENCE AT 40 21 TOWERS PLACE.I HAVE SOME PHOTOS HERE FOR THIS, SO IF YOU WANT TO LOOK AT THOSE QUICK.
I'M LOOKING WHERE THEY WANNA PUT THE FENCE.
GO AHEAD DON AND JEREMY RADO 4 0 2 1 TOWERS PLACE.
JUST ASKING FOR AN EIGHT FOOT VARIANCE INSTEAD OF JUST A REGULAR SIX FOOT.
UM, IT WOULD JUST BE IN THE BACK BUMPING UP TO BAYVIEW ROAD.
ALRIGHT, LEADING UP TO FRONTIER HIGH SCHOOL, WE ARE ON THE DECLINE.
SO WE GET ALL THE GREAT DEBRIS AND TRASH FROM PEOPLE WALKING OR DRIVING.
UM, JUST THE NOISE LEVEL PRIVACY FOR US AND THE KIDS IN THE POOL.
CAN I GET THOSE PHOTOS? HERE'S SOME PHOTO, JEFF.
SO WE DID CONSIDER THAT'S FACING BAYVIEW ROAD, BUT WITH OUR WEATHER, I DON'T THINK ANYTHING WOULD SUSTAIN FALLING, RIGHT? YEAH.
ONE OF THE PHOTOS WE HAD SHOWED FROM YOUR PATIO LOOKING TOWARDS WHERE THAT EXISTING FENCE IS.
AND OUR NEIGHBOR TOO LEFT AND RIGHT.
YEAH, IF YOU COULD, I, I HATE TO BE, IF YOU COULD SPEAK CLOSER TO THE MICROPHONE.
OUR NEIGHBOR DID JUST GET A NEW SIDE FENCE, SO THAT IS A NEWER OFFENSE AS WELL.
YOU KNOW, WE TALKED TO HER AS WELL.
SHE REGRETS NOT DOING MAY FOOT AND HER BACK OR ASKING NEITHER ONE HAVE A PROBLEM.
I CAN ALWAYS GET THAT AS WELL.
ANYBODY ELSE FROM THE BOARD HAVE ANY QUESTIONS FOR THE APPLICANT? ANY OKAY.
ANYONE ELSE HERE TO SPEAK ON THE MATTER? OKAY, THANK YOU.
APPLICATION 6 0 9 5 NATHANIEL SIMMONS REQUESTED AN AREA VARIANCE FOR A PROPOSED ACCESSORY STRUCTURE AT 69 82 TAYLOR ROAD.
ANYONE HERE FOR THE APPLICATION? OKAY, WE'LL ASK AT THE END, BUT OTHERWISE WE'LL LET THE TABLE THAT RIGHT LAWYER.
[8. Application # 6096 Donald Clark – Requesting an area variance for a proposed covered porch at 3629 Howard Road (Part 1 of 2)]
DONALD CLARK REQUESTING AN AREA VARIANCE FOR A PROPOSED COVERED PORCH AT 36 29 HOWARD ROAD.IT'S DONALD CLARK AND WE'RE LOOKING TO EXPAND OUR PORCH.
UM, WE HAVE A SMALL AREA PORCH THAT'S NOT USABLE.
I MEAN, YOU KNOW, NOT USABLE FOR SITTING OUT, REALLY KIND OF ENJOYING THE FRONT VIEW OF THE HOUSE.
AND SO WE'RE LOOKING TO EXPAND IT TO THE END AND EXPAND IT OUT TOWARDS THE ROAD.
AND IN ORDER TO PUT, UM, COVERED ROOF BACK ON, UM, THAT WOULD PUT US THREE FEET TOO CLOSE TO THE ROAD.
[00:30:01]
UM, I'M JUST TRYING TO IMPROVE THE APPEARANCE OF OUR HOUSE AS WELL AS THE VALUE OF THE HOUSE.ANYBODY ELSE FROM THE BOARD HAVE ANY QUESTIONS FOR THE APPLICANT? FOR MR. CHAIRMAN? YES, MR. ADRIAN IS JUST THE AREA THAT, THAT THE FOUNDATION'S ALREADY POURED IN THE PAD? NO, WE'RE EXPANDING THAT.
OH, YOU'RE GOING FURTHER FROM THAT? YEAH.
SO, SO RIGHT NOW THE, UM, EXISTING, UH, THANK YOU.
THE SLAB THAT YOU'LL SEE ON THE SURVEY IS LIKE 4.1 FEET.
UM, FROM THE DOOR, WHICH ENDS UP BEING ABOUT 1.6 FEET, I THINK, UH, FROM THE 35 FOOT MARK.
SO WE WANT TO GO NINE FEET FROM THE DOOR, WHICH WOULD MAKE US THREE POINT SOMETHING FEET, UH, OVER THE 35 FOOT MARK.
YOU CAN SEE THERE, THERE'S NO OBSTRUCTION EACH WAY.
YOU KNOW, NO VISUAL OBSTRUCTION.
SO, UM, I ALSO HAVE A LETTER FROM ONE OF MY NEIGHBORS, UM, I SHOULD SUBMIT IT TO JEFF.
IS THAT THE LETTER OF SUPPORT? YES.
AS YOU, WOULD YOU LIKE ME TO READ IT OR NO, YOU DON'T HAVE TO.
UM, ANYBODY ELSE FROM THE BOARD HAVE ANY QUESTIONS FOR THE APPLICANT? ANYONE HERE HAVE ANY COMMENTS ON THIS PARTICULAR APPLICATION? OKAY, THANK YOU.
[9. Application # 6097 Andrew Carriero – Requesting an area variance for a proposed detached garage at 6324 Smith Road (Part 1 of 2)]
APPLICATION 6 0 9 7 ANDREW CARRO REQUESTING AN AREA VARIANCE FOR A PROPOSED DETACH GARAGE AT 63 24 SMITH ROAD.HI EVERYBODY, I'M CORINNE CARRO.
UM, NEVER BEEN TO ONE OF THESE BEFORE, SO BEAR WITH ME.
BUT WE ARE EX UM, ASKING FOR A VARIANCE FOR A DETACHED GARAGE.
UM, THE REASON WHY IS WE HAVE TWO SMALL CHILDREN HAVE CONTEMPLATED A THIRD THIS WINTER WITH MY, OUR SON'S.
UM, HE'S GOT A POLICE CAR, HE IS GOT A TRACTOR.
SO MOM'S CAR DIDN'T MAKE IT IN THE GARAGE.
UH, PLUS MY HUSBAND HAS A WORK CAR.
UM, WE DO PLAN DOWN THE ROAD TO PUT IN A POOL AND WOULD LIKE SOME SPACE FOR, UH, LIKE FOLKS TO HANG OUT IN THE POOL AS WELL AS IN THE BACK.
WE PLAN TO BUILD A OR HAVE SOME SPACE FOR A GYM.
SO THAT'S UM, I GUESS WHY WE ARE THE SIZE WE'RE LOOKING FOR IS WHAT IT IS.
UM, I DID NOT KNOW THAT WE NEEDED SIGNATURES FROM THE NEIGHBORS.
I CAN TELL YOU THE FRONT NEIGHBOR AND THE BACK NEIGHBOR, WE'VE TALKED TO THEM ABOUT THE PLANS THEY'RE IN SUPPORT OF IT.
UM, WOULD GET THAT IN WRITING IF YOU WOULD LIKE.
AND THEN JUST IN FULL TRANSPARENCY, THIS SIDE NEIGHBOR, WE DO HAVE A CURRENT PROPERTY DISPUTE.
UM, AND WE INTEND TO SETTLE THAT IN COURT.
HOWEVER, THE SPACE OR LIKE THE DISTANCE THAT A STRUCTURE NEEDS TO BE FROM THE PROPERTY, UM, WHATEVER WE LAND ON PROPERTY LINE WISE, IT DOES NOT IMPACT WHAT WE'RE LOOKING TO DO.
GETTING SIGNATURES ISN'T A REQUIREMENT, JUST SO YOU KNOW THAT'S AN ADDED THING FOR YOU, BUT IT'S NOT REQUIRED.
IF YOU WANNA SPEAK TO THAT ISSUE, THAT HAS TO DO WITH THE DRAINAGE, I'M ASSUMING, UH, PROPERTY AND THE DRAINAGE.
SO THE TOWN, UH, CODE ENFORCEMENT OFFICER CAME OVER TODAY AND THE ENGINEER RIGHT.
AND THEY WERE FINE WITH UH, US LEAVING IT AS IS UNTIL THE STRUCTURE IS BUILT AND TYING INTO THE GUTTERS AND THEN UH, RUNNING IT OUT TO THE ROADWAY.
RUNNING OUT TO THE ROADWAY, OKAY.
CORRECT? THAT'S WHAT WE'RE CORRECT.
THAT'S WHAT WE'RE PROBABLY WILL, IF WE PASS, WE'LL PROBABLY PUT A STIPULATION TO MAKE SURE THAT DRAINAGE IS DONE CORRECT ON THERE.
UH, ANYBODY FROM THE BOARD HAVE ANY QUESTIONS? YOU WANT ME TO READ THE DENNIS? GO AHEAD.
YEAH, YOU KNOW IT, IT'S A LARGE BUILDING THAT YOU'RE BUILDING.
IT GOT TWO BAY DOORS, TWO MAIN DOORS.
YOU'RE NOT GONNA RUN THE BUSINESS OUTTA THERE, ARE YOU? NO INTEREST IN DENNIS.
NO INTEREST IN RUNNING A BUSINESS.
OKAY, DEAR CHAIRMAN, DIMPLE, IT HAS COME TO MY ATTENTION THAT THE OWNER OF THE ABOVE REFERENCED PROPERTY IS SEEKING A VARIANCE FOR THE CONSTRUCTION OF A GARAGE AT THE END OF THEIR DRIVEWAY NEAR THE NORTHERN PROPERTY LINE.
THE ENGINEERING DEPARTMENT WOULD LIKE TO MAKE YOU AWARE THERE THAT THERE HAVE BEEN DRAINAGE COMPLAINTS REPORTED BY THE ADJACENT PROPERTY OWNER AT 62 84 SMITH ROAD FOR DRAINAGE ALONG THE PROPERTY LINE.
THIS WAS ALSO CONFIRMED BY BOTH THE ENGINEERING AND BUILDING DEPARTMENTS WITH A SITE VISIT.
WE BELIEVE THE ISSUE CAN EASILY BE RESOLVED WITH MINOR EFFORT BY THE APPLICANT AND RESPECTFULLY REQUEST THAT THE ZBA CONSIDER AS A CONDITION OF ANY VARIANCE APPROVAL, THAT THE OWNER MUST ADDRESS DRAINAGE ISSUES ALONG THE PROPERTY LINE.
SHOULD THE VARIANCE BE APPROVED, THE OWNER SHOULD SUBMIT A DRAINAGE PLAN ALONG WITH THEIR BUILDING PERMIT APPLICATION THROUGH THE BUILDING DEPARTMENT, WHICH WILL BE REVIEWED BY ENGINEERING.
FEEL FREE TO CONTACT ME WITH ANY
[00:35:01]
QUESTIONS.CAMMIE, GERALD, TOWN ENGINEER.
SO THAT'S WHAT WE TALKED ABOUT.
I THINK I WOULD, I ALSO JUST LIKE TO SAY FOR THE RECORD, WE'RE PRETTY, UM, STRICT RULE FOLLOWERS.
SO WE PURCHASED THE HOUSE IN DECEMBER OF 2022 AND WE'RE NOT AWARE OF ANY DRAINAGE ISSUES.
SO THE MINUTE WE WERE MADE AWARE OF THESE, UM, WE WILL CERTAINLY RECTIFY IT.
IT'S NOT INTENTIONAL ON OUR PART.
LIKE I SAID, WE BOUGHT THE HOUSE THAT WAY WITH NO PRIOR KNOWLEDGE.
ANYBODY ELSE FROM THE BOARD HAVE ANY QUESTIONS? ANYONE HERE TO SPEAK ON THE ISSUE? YES.
HI, MY NAME IS ERIC REESE AND FIRST OF ALL I'M AT 6 2 8 FOREST SMITH ROAD.
AND FRANKLY, UM, THEY'RE MY NEIGHBORS.
I SYMPATHIZE WITH THEIR SITUATION WHEN THEY BOUGHT THE PROPERTY, THEY INHERITED A RAINWATER EGRESS VIOLATION, AS DID I.
AND WHEN WE FIRST MET, WE TALKED ABOUT THINGS WE'RE TRYING TO SOLVE THINGS AS I WAS ALREADY PUTTING IN RUNOFF DRAINAGE IN MY PROPERTY.
AND I THINK WHERE THINGS KIND OF RUN OFF THE RAILS 'CAUSE WE WERE TALKING ABOUT DOING IT AND WE EVEN TALKED TO MY SITE CONTRACTOR WITH THEM.
BUT THEN WHEN I HAD THE PROPERTY STAKED OUT EVERY 50 FEET BECAUSE IT'S 10 ACRES ALL TOGETHER AND MY BACK FOUR ACRES TO TIE OFF INTO THE STREAM THAT RUNS OFF, WE HAD TO HAVE 50 FOOT MARKERS AND ELEVATIONS.
I'M AN ARCHITECT AND AN ENGINEER MYSELF AS WELL.
SO I BOUGHT THE CAD MODEL FROM NELSON BAUER.
WE FIGURED OUT THE DRAINAGE, WE'VE BEEN WORKING WITH IT.
AND UM, I GUESS THE SIMPLE REALITY IS SITUATION IS THEY'RE TOTALLY LANDLOCKED BY THE ROADS.
UM, AND I TALKED WITH ENGINEERING, I TALKED WITH THEM AND ENGINEERING GAVE ME REFERENCES.
SO FOR THEIR, THEIR RUNOFF TO GO INTO THE STREET, THIS IS THE ONLY THING THERE.
THEY HAVE TO GO UNDERNEATH LAKEVIEW ROAD, RIGHT? IF THEY GO UNDERNEATH LAKEVIEW ROAD, THE RIM ELEVATION IS ABOUT TWO FOOT TOO HIGH, WHICH IS WHY WHEN THEY DID THE WORK ON THE HOUSE, ENGINEERING HAS COME BACK TO ME AND SAID NOT ANYONE IN THE PREVIOUS OR THIS ADMINISTRATION, BUT THE PREVIOUS ADMINISTRATION, THEY SAID THERE'S NO FINAL, UH, SITE PLAN STAMPED.
THERE'S NO FINAL DRAWINGS FOR THE BUILDING STAMPED.
OBVIOUSLY YOU CAN'T DESIGN A BUILDING WITHOUT HAVING A A SUBSTRATE THAT'S VERIFIED.
SO THEY KIND OF GOT STUCK IN A BAD SITUATION.
AND ALL AROUND THE PERIMETER WHERE THEY BROUGHT IN A FILL IS ESSENTIALLY A SWAMP.
THERE'S TREES NOT FALLING DOWN EVERYWHERE.
MY PROPERTY, THEIR PROPERTY, THE BACK NEIGHBOR'S PROPERTY SINCE THEN, I'VE PUT IN 4,500, UH, FEET OF UNDERGROUND DRAINAGE, TWO DETENTION PONDS.
ONE THE SILT FILTER WITH A LAND BRIDGE WITH A 20 INCH DIAMETER PIPE THAT GOES UNDERNEATH UH, 40 FEET AND THE RUNOFF OVERFLOW THAT GOES BACK INTO THE BACK POND.
SO THE WAY I SEE IT IS THIS, I'M NOT GONNA BE, UH, ALLOWING NO OFFENSE, LIKE IF THEY'RE BUILDING MORE BUILDINGS THAT'S MORE SURFACE AREA RUNOFF.
I'VE SPENT ABOUT $180,000 I ON THIS SYSTEM AND I'M STILL GETTING FLOODED.
SO I WOULD RECOMMEND IF YOU GUYS GET A THIRD PARTY ENGINEER AND ACTUALLY DO THE SITE DESIGN, STAMP IT, I WILL WORK WITH YOU TO TIE IN A SYSTEM THAT TIES INTO MY SYSTEM.
'CAUSE MY SYSTEM HAS A OVERFLOW ON THE BACK END OF IT, WHICH IF THEY TIE IN AND I'LL HAVE, YOU KNOW, MY SITE CONTRACTOR TY ON MY SIDE.
AND AS LONG AS I CAN COORDINATE WITH THEM AND THE THIRD PARTY ENGINEER, I THINK THE ISSUE CAN BE RESOLVED.
HONESTLY, THAT BEING SAID, I'VE SPENT A LOT OF MONEY.
SO FOR THE PORTION OF IT THAT WORKS, MAYBE WE COULD COME TO A COMMERCIAL AGREEMENT.
BUT ASIDE FROM THAT, I CAN'T TAKE ANY MORE RUNOFF.
I REPLACED TWO FURNACES IN THE HOUSE BECAUSE EVEN NOW, UH, WHEN IT FREEZES, THINGS KEEP COMING OVER.
IT RUNS OFF ON MY PROPERTY AND LIKE I SAID, THE TREES AND LIKE I CALL A SWAMP NOW ALL AROUND THE PERIMETER ARE JUST FALLING AND THEY'RE DEAD.
IT'S DANGEROUS FOR THEIR KIDS, FOR THEM, FOR MYSELF, MY KIDS, MY TENANT, MY TENANT'S KIDS.
SO I WOULD SAY THAT I WOULD NOT, UM, HOW WOULD I SAFE? WELL MAYBE THIS IS SOMETHING WE WOULD TELL.
I WOULDN'T BE IN AGREEMENT WITH IT UNLESS WE CAN VERIFY AND RESOLVE THE, UH, VIOLATION ON THE RAINWATER RUNOFF.
I'M HAPPY TO WORK WITH THEM TO DO THAT.
SO MAYBE IT'S A COMMERCIAL DECISION OR NOT.
BUT UNTIL THAT HAPPENS, UM, I'M NOT GONNA AGREE TO THAT.
AND QUITE HONESTLY, LIKE I SAID, IT'S NOT THE CURRENT PEOPLE WITHIN THE TOWN, BUT WHOEVER APPROVED THE HOUSE TO BE BUILT THAT WAY, THERE'S NO STAMPED DRAWING ON THE SITE.
NO STAMPED DRAWING ON THE BUILDING.
I JUST SAW WITH YOU GUYS AND I SYMPATHIZE WITH YOU, THE SEPTIC CONTRACTOR THEY USE, I'VE USED AS WELL AND THEY HAD TO DO IT IN LIKE FIVE DEGREE WEATHER AT CHRISTMASTIME REPLACED THEIR SEPTIC TANK.
AND UH, I TALKED TO JUSTIN PLUS HE POSTED IT PUBLICLY.
[00:40:01]
1500 GALLON TANK WITH A PIPE IN AND PIPE OUT.AND I THINK THEY UTILIZED THAT TANK, ADDED TWO TANKS, WHICH IS GREAT, BUT THAT'S ALSO, UH, ELEVATED SO IT CREATES MORE RUNOFF.
DO YOU KNOW WHAT YEAR THAT WAS BUILT? WHAT'S THAT? THAT HOUSE WAS BUILT, DO YOU KNOW WHAT YEAR IT WAS? I THINK 2010 FROM 10 JEFF? YEAH.
AND THERE'S REALLY NOT A DISPUTE ON THE PROPERTY LINE.
MY DEED'S FROM 1880 UNLESS THERE'S SOMETHING PREDATED FROM THAT.
I MEAN THERE'S NOT A DISPUTE, RIGHT? I DID HAVE IT SURVEYED AGAIN BECAUSE WHERE THE TREES ARE DYING AND FALLING ON THAT SIDE WHERE THE SLOPE COMES DOWN, I'M GONNA REPLACE THOSE AND PUT IN LIKE I DID SOME RESEARCH, LIKE WE BEING WILLOWS ROOT VERY QUICKLY.
THEY'RE VERY HARD AND THEY SUCK UP MOISTURE ALL YEAR LONG.
SO I WAS LOOKING TO PUT THOSE THERE.
SO WE'VE HAD SOME KIND OF DISPUTES WITH THAT.
BUT AGAIN, I'M WILLING TO HELP THEM.
BUT UNTIL THIS GETS RESOLVED AND THE VIOLATIONS IS, IS DONE, THEN I, I CAN'T AGREE WITH IT.
JEFF, ARE YOU AWARE OF THIS, THIS PARTICULAR VIOLATION? I MEAN IS THAT EXISTING? I'VE TALKED TO EVERYONE IN ENGINEERING CODE ENFORCEMENT INSTRUCTION.
OH, HE'S THE HEAD OF CODE ENFORCEMENT.
I THINK I WANT TO TALK TO HIM.
YEAH, WE, WE TALKED ON THE PHONE.
SO SCOTT FROM OUR OFFICE WAS OUT THERE.
UM, THERE'S A PIPE FROM THEIR GUTTER SYSTEM THAT'S GOING INTO A DITCH.
AND THAT WAS, THAT WAS THE QUESTION OF WHETHER OR NOT THAT DITCH WAS ON THE LINE.
AFTER TALKING AGAIN TODAY, WHAT THEY TOLD ME GOING OUT THERE THAT THERE'S A DISPUTE BETWEEN WHERE THAT LINE IS.
ONE SAYS IT'S IN THE MIDDLE OF THE DITCH, THE OTHER ONE SAYS IT'S OFF OF IT WITHOUT THAT DETERMINATION.
WE DID KEEP THE, WE DID KEEP THAT FOR THAT PIPE OFF THERE, BUT THAT WAS THE ONLY JUST VIOLATION THAT WE HAVE.
I DIDN'T MEAN TO INTERRUPT YOU, I JUST HAVE TO BE CLEAR.
THE PIPE IS ONE SMALL ASPECT OF IT.
THE PROBLEM IS THE PROPERTY, THEY CAME AND THEY BROUGHT A
SO AROUND THE ENTIRE PERIMETER IT'S RUNNING OFF AND IT'S RUNNING ONTO MY PROPERTY AND THE BACK NEIGHBOR'S PROPERTY.
I MEAN, I CAN DESIGN A SYSTEM TO PUT MORE DRAINAGE IN THROUGH THEIR PROPERTY AND THE NEIGHBOR'S TIED INTO MY SYSTEM.
LIKE I SAID, MY SYSTEM BYPASSES EVERYTHING THROUGH AND IT'S GOT A SILK COLLECTOR, BUT THERE'S GOING TO BE, YOU KNOW, EVERY YEAR, UM, WE'D HAVE TO CLEAR OUT ALL THE BACK OVERFLOWS.
THE FRONT PONDS PROBABLY GET, THE SILK COLLECTORS PROBABLY HAVE TO BE DRY EVERY COUPLE YEARS.
SO IF WE CAN COME TO A COMMERCIAL AGREEMENT, THAT'S FINE WITH ME.
IF NOT, I DON'T AGREE WITH THAT.
WOULD YOU GUYS OVER THE NEXT MONTH BE WILLING TO SIT DOWN WITH HIM AND TRY TO UH, NO.
IT'S, IT'S CLASSIFIED AS DC WETLAND.
WELL, WELL I'LL GIMME AN EXAMPLE OF THE WATER FLOW.
SO I HAVE FOUR TENSION PITS THAT I PUT ACROSS THE PROPERTY LINE, 12 BY 12 BY LIKE 12 FOOT DEEP.
AND I MONITORED THOSE 'CAUSE I HAD TO FIGURE OUT HOW MUCH FLOW I HAD GOING IN DESIGN MY SYSTEM.
AND JUST TO GIVE YOU AN IDEA, I USED A 5,250 GALLON PER HOUR PUMP IN EACH PIT AND IT TOOK ABOUT AN HOUR AND 15 MINUTES.
AND NOW THESE WERE ONLY SMALL SNAPSHOTS.
THE PROPERTY LINE IS 660 FEET.
SO WITH THESE SMALL SNAPSHOTS, IT TOOK ABOUT AN HOUR AND 15 MINUTES TO DRAIN ONE.
BUT BY THE TIME WE PULLED THE PUMPS UP, MOVED IT TO THE NEXT PIT, IT WAS ALREADY FULL.
SO THAT'S, I THINK THERE'S A SPRING.
THERE'S GOTTA BE SOMETHING WHERE THE WATER'S COMING FOR THERE.
AND I'M NOT, I SYMPATHIZE WITH YOU GUYS, BUT I CAN'T AGREE WITH IT UNLESS WE DO SOMETHING DIFFERENT.
SO JEFF, IS THERE AN OPEN VIOLATION CURRENTLY WITH THE TOWN? THERE, THERE IS FOR THE PIPE.
UM, WE WANTED TO WRITE THEM 'CAUSE I, THAT WAS THE FIRST THAT I KIND OF KNEW ABOUT THIS LIKE IN THE LAST WEEK OR SO.
UM, WHEN I TALKED TO YOU ON THE PHONE ABOUT THE PIPES DISCHARGING ONTO THE PROPERTY.
NO, I'VE BEEN TALKING TO PEOPLE WITH THE TOWN FOR THE LAST TWO YEARS.
WELL, FIRST I KNEW ABOUT THIS.
SO THAT, THAT'S FIRST I KNEW ABOUT THIS.
UM, SO WHEN THEY WENT OUT THERE, YOU SAID YOU WERE GONNA HAVE A NUTS, BOMBER WAS GONNA BE OUT THERE TO SURVEY THAT FRIDAY.
WE, WE WENT OUT THERE, UM, AT ONE POINT IN TIME THE SURVEY STAKE WAS IN THE MIDDLE OF THE LINE AND THE OTHER POINT IN TIME IT HAD MOVED THREE FEET.
SO THE SURVEY STAKES, WHAT HAPPENED WAS, I SPECIFICALLY, 'CAUSE WHEN I PREVIOUSLY SURVEYED IT, ALL OF A SUDDEN MY STAKES GOT RIPPED OUT OF THE GROUND.
SO I SPECIFICALLY HAD THE SURVEYOR THERE WITH HAMBURG POLICE TO OBSERVE EVERYTHING.
I LEFT THE SAME TIME AS A SURVEYOR, SAME TIME AS POLICE WENT AND RAN SOME ERRANDS, CAME HOME, ALL THE, UH, SPIKES WERE RIPPED OUT OF THE GROUND.
THERE WERE FLAGS ON SOME KIND OF
SO IT'S BEEN, THAT'S BEEN PROBLEMATIC.
SO, OKAY, SO, SO OUR INSPECTOR DID WRITE A VIOLATION TO THEM BECAUSE IF IT WAS, THAT CAME OUT THAT WAY, THAT WOULD END UP BEING A VIOLATION THAT THEY WERE DUMPING ONTO THE, UM, DITCH.
HOWEVER, THERE WAS A DRAINAGE PLAN FROM WHEN THE HOUSE WAS BUILT IN 2014.
UM, PART OF THAT DRAINAGE PLAN, LOOKING AT IT THROUGH THE
[00:45:01]
ENGINEERING DEPARTMENT WAS, THERE WAS SOME NOTES ON THERE FROM PREVIOUS ENGINEERS THAT THE SWELL ON THE SIDE OF THEIR PROPERTY LINE WAS NOT INSTALLED.THAT WAS KIND OF THE ASPECT OF THAT LETTER.
UM, CAMMIE SAID, WELL THAT DRAINAGE PAN WOULD LOOK GOOD, THE SWELL WOULD HAVE TO BE INSTALLED.
THAT'S WHAT THEY WOULD BE LOOKING FOR, UM, FOR THE GARAGE.
AND THEN THE LEADERS FOR THE GUTTERS, SHE RECOMMENDS JUST GETTING 'EM OUT OF THE DITCH AND PUTTING 'EM TO THE FRONT.
AND THAT WAS, THERE IS NO EGRESS FOR WATER IN THE FRONT.
AGAIN, I TALKED, I'M TELLING RIGHT NOW, YOU KNOW WHAT, IT'S NOT, IT'S NOT YOUR FAULT.
THE TOWN SHOULD HAVE NEVER ALLOWED THIS TO BE BUILT THE WAY IT WAS.
IF YOU DON'T HAVE STAFF DOCUMENTS ON THE ACTUAL SITE PLAN, YOU CAN'T DESIGN A BUILDING AND THERE'S NO STAMP DOCUMENTS FOR THE BUILDING ITSELF EITHER.
THE SEPTIC TANK CLEARLY, LIKE I JUST HAD A SEPTIC ENGINEER, I DO STUFF AND I WORKED WITH THEIR GUY TOO.
AND IT'S THE, IT'S A SWAMP THAT COMES AROUND THE SIDE, NOT JUST THE ONE PIPE.
I WANT TO MAKE THAT REALLY CLEAR AND QUITE FRANKLY, IF WE CAN COME TO TERMS, THAT'S FANTASTIC.
IF THERE'S A FURTHER PROBLEM WITH THAT, THAT I'M GONNA HAVE TO SUE THE TOWN AGAIN.
I MEAN IT'S VERY RIDICULOUS THAT I SHOULD HAVE TO DEAL WITH THIS.
I SPENT ABOUT $180,000, YOU KNOW, AND I'VE CALLED THE TOWN, CALLED THE TOWN, CALL THE TOWN AND HERE'S WHERE I AM RIGHT NOW.
YOU KNOW, IT'S PRETTY, I DON'T KNOW, IT'S UNPROFESSIONAL QUITE FRANKLY, AND I UNDERSTAND IT'S NOT THE CURRENT ADMINISTRATION, WHOEVER MADE THIS HAPPEN AND THE GUYS IN ENGINEERING EVEN SAID TO ME, WE DON'T KNOW.
IT MUST HAVE BEEN IN POLITICAL FAVOR.
AND THE GUY WHO SOLD THE HOUSE INTENTIONALLY MADE A PRIVATE SALE SO THEY WOULD BE ON THE BAG FOR WHICH I, I'M SORRY I SYMPATHIZE WITH THERE, BUT WHATEVER.
AT THE END OF THE DAY, I DON'T AGREE WITH THIS AT ALL.
AND IF THERE'S GONNA BE A PROBLEM IN BUILDING OUR STRUCTURE AND PROVIDE ADDITIONAL RAINWATER RUN OFF ON MY PROPERTY, IT'S A HUGE PROBLEM.
OKAY, WELL I THINK ENGINEERING'S GONNA HANDLE THAT.
WAIT TILL THEY'RE FINISHED BECAUSE CAM'S GONNA GO OUT THERE.
AND THAT'S, THAT'S PART OF US GIVING THEM THE VARIANCE THAT THEY HAVE TO DO WHATEVER OUR ENGINEERING DEPARTMENT SAYS.
NOT WHAT YOU SAY, NOT WHAT SOMEBODY ELSE SAYS.
WHAT OUR ENGINEERING DEPARTMENT STATES IS WHAT THEY'LL DO.
SO WE, WE DON'T, WE DON'T CONTROL THAT.
ANYBODY ELSE HERE TO SPEAK ON THE MATTER AT ALL? OKAY, THANKS GUYS.
[10. Application # 6098 Next Level Storage – Hamburg LLC – Requesting two (2) use variances and two (2) area variances for a public mini-storage facility to be located at 5661 Camp Road (Part 1 of 2)]
APPLICATION 6 0 9 8 NEXT LEVEL STORAGE HAMBURG, LLC REQUESTING TWO USE VARIANCES AND TWO AREA VARIANCES FOR A PUBLIC MINI STORAGE FACILITY TO BE LOCATED AT 56 61 CAMP ROAD.ALL I DO HAVE A COUPLE OF HANDOUTS IF THAT'S OKAY.
SO THERE'S A MARKUP, COPY OF THE SITE PLAN AND A COLOR ELEVATION.
THE COLOR ELEVATION'S MORE IMPORTANT.
MEMBERS OF THE ZONING BOARD OF APPEALS, SEAN HOPKINS ON BEHALF OF THE APPLICANT.
THIS IS A PROJECT THAT MANY OF YOU HAVE SEEN BEFORE AT 56 61 CAMP ROAD.
WE'RE HERE THIS EVENING SEEKING RENEWAL OF RELIEF THAT WAS PREVIOUSLY GRANTED IN THE FORM OF A USE VARIANCE TO ALLOW THE SELF STORAGE FACILITY IN THE M TWO ZONING DISTRICT.
AND ALSO FROM A PROVISION IN THE CODE THAT STATES CERTAIN GEOGRAPHIC AREAS IN WHICH SUCH USE IS PROHIBITED.
SECONDLY, WE'RE ALSO SEEKING RENEWAL OF A SETBACK VARIANCE THAT YOU GRANTED ON JUNE 4TH OF LAST YEAR.
WHILE THAT TECHNICALLY IS NOT YET EXPIRED, IT'S GOOD FOR ONE YEAR, JUST IN CASE WE DON'T HAVE A BUILDING PERMIT PULLED BY THAT IN START CONSTRUCTION, WHICH WE ANTICIPATE DOING.
AND THAT PARTICULAR VARIANCE IS HERE FROM THIS PARTICULAR BUILDING TO THIS RESIDENTIAL PROPERTY.
IT IS IMPORTANT NOTE THAT RESIDENTIAL PROPERTY IS VERY, VERY LARGE AS HAS BEEN PREVIOUSLY PRESENTED.
THE LAYOUT ITSELF HAS NOT CHANGED AT ALL.
ALL WE'RE SIMPLY HERE FOR THIS EVENING IS, AS YOU RECALL, THE FRONT LARGER CLIMATE CONTROLLED STORAGE BUILDING, WHICH WAS ADDED TO THE PROJECT IN 2024.
WE TOOK A LOOK AT THE HEIGHT REQUIREMENTS SET FORTH IN THE ZONING CODE AND UNFORTUNATE FOR US THE MAXIMUM ALLOWED HEIGHT IS 35 FEET.
IF YOU TAKE A LOOK AT THAT COLOR ELEVATION PLAN THAT I PROVIDED TO YOU, 11 BY 17 SIZE COPY JUST THE CORNERS OR THE EDGES OF THE FRONT AND SIDE FACADE, EXCEED THAT BY A HEIGHT OF FIVE FEET.
SO THEY'RE 40 FEET INSTEAD OF THE 35 FEET THAT IS EXPRESSLY PERMITTED BY THE ZONING CODE.
WE JUST THINK THE BUILDING SIMPLY LOOKS NICER THAT WAY IT ESTABLISHES MORE OF A PRESENCE ON CAMP ROAD.
IT'S A GREATER EXPENSE TO THE PROJECT.
WOULD WE STILL DO THE PROJECT IF THAT VARIANCE IS NOT GRANTED? ABSOLUTELY.
WE JUST THINK IT WOULDN'T LOOK AS NICE.
OBVIOUSLY IN CONNECTION WITH THE REQUEST FOR THAT AREA VARIANCE, WHICH IS NEW, IT'S GOVERNED BY THE BALANCING TEST AND THE FIVE CRITERIA SET
[00:50:01]
FORTH IN NEW YORK STATE TOWN LAW SECTION 2 67 B THREE B, WHICH REQUIRES YOU TO BALANCE THE BENEFITS THAT WILL BE RECEIVED BY THE APPLICANT AND WEIGH THOSE BENEFITS AGAINST ANY RESULTING DETRIMENTS TO THE HEALTH, SAFETY AND WELFARE OF THE SURROUNDING NEIGHBORHOOD OR COMMUNITY.HERE WE THINK IT'S QUITE CLEAR THERE ARE BENEFITS.
THE BENEFITS ARE QUITE SIMPLE.
THE BUILDING JUST LOOKS NICER, ESTABLISHES A MUCH NICER PROPER FACADE OUT ALONG CAMP ROAD.
ON THE OTHER HAND, CAN'T THINK OF ANYONE MAKING ANY TYPE OF CLAIM TO ANY DETRIMENTS WOULD RESULT IN TERMS OF THE FIVE CRITERIA.
IT WILL NOT CREATE AN UNDESIRABLE CHANGE TO THE CHARACTER OF THE NEIGHBORHOOD OR DETRIMENT TO NEARBY PROPERTIES.
KEEP IN MIND THE HISTORY OF THE SITE WAS A JUNKYARD PREVIOUSLY WE'RE CLEANING IT UP, INCLUDING THE WETLAND AREAS.
ARE THERE FEASIBLE ALTERNATIVES THAT THE APPLICANT PURSUE THAT WOULD ELIMINATE THE NEED FOR THE REQUESTED RELIEF? YES THERE ARE, BUT IT WOULD AMELIORATE THE BENEFITS WE'RE SEEKING.
AGAIN, THE BUILDING APPEARANCE THAT WE HAVE, C IS THE VARIANCE SUBSTANTIAL, WHICH AS THIS BOARD IS VERY FAMILIAR, IT'S NOT SIMPLY QUANTIFY THE DEVIATION FROM THE UNDERLYING CODE REQUIREMENT.
AGAIN, THE KEY INQUIRY WITH RESPECT TO AREA VARIANCE CRITERIA NUMBER THREE IS HARM FOUR.
WHETHER THEY GRANTED THE REQUEST OF RELIEF WILL RESULT IN ANY ADVERSE PHYSICAL OR ENVIRONMENTAL IMPACTS.
I WOULD NOTE THIS PROJECT HAS BEEN SUBJECT TO A COORDINATED ENVIRONMENTAL REVIEW PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT AND A NEGATIVE DECLARATION HAS BEEN ISSUED.
FIVE IS ITSELF CREATED ON THAT ONE.
WE KNOW THE ZONING, WE KNOW THE HISTORY.
I THINK THAT OBVIOUSLY DOES NOT WEIGH IN OUR FAVOR.
BUT NONETHELESS, TOWN LAW SECTION 2 67 B THREE B SAYS THAT CAN NOT BE THE SOLE BASIS FOR YOUR DECISION MAKING IN TERMS OF THE USE VARIANCE, GIVEN THAT YOU'VE ALREADY GRANTED IT PREVIOUSLY.
AND I PRESENTED VERY SUBSTANTIAL EVIDENCE IN SUPPORT OF THAT.
I CAN GO THROUGH THE CRITERIA AND THE DOCUMENTATION.
I DON'T BELIEVE IT'S NECESSARY, BUT IN A NUTSHELL, ALL WE'RE SIMPLY ASKING FOR IS A RENEWAL OF PREVIOUSLY GRANTED RELIEF.
AND THEN SECONDLY, UM, THE HEIGHT VARIANCE.
I WOULD ALSO NOTE THAT I BELIEVE THERE IS A BUILDING PERMIT APPLICATION PENDING AND THEY FINALLY WILL BE STARTING CONSTRUCTION ON THIS PROJECT IN THE VERY IMMINENT FUTURE.
JEFF, COULD YOU JUST HIGHLIGHT REAL QUICK, UM, AS FAR AS THE ROOF, WHAT THEY'RE TALKING ABOUT FOR THAT, THAT FIVE FEET THAT HE NEEDS FOR THE ROOF FROM THE 30 I CAN SHOW YOU HOW THE REST OF IT IS PRETTY MUCH.
SO LIKE SEAN SAID THAT, UM, AFTER LOOKING AT THE PLANS, THERE'S THE FRONT, I BELIEVE IT'S ONLY THE PARAPET WALL PORTION OF THAT RIGHT? IS ACTUALLY OVER THE, THE HEIGHT, UH, THE, THE ROOF DECK ITSELF IS ACTUALLY AT 35, BUT YET THERE IS ROOFING THAT DOES GO UP THE BACK OF THAT PARAPET AND ON TOP OF THAT PARAPET.
SO THAT'S WHERE WE CAME UP WITH THE RIGHT THAT IT IS A 40 FOOT HEIGHT OF THE BUILDING.
IT'S LITERALLY THESE TWO PIECES.
SO THAT INSTEAD OF HAVING JUST ONE MONOLITHIC HEIGHT RIGHT, WE HAVE SOME VARIATION MM-HMM
SO IT'S JUST THAT SMALL SECTION SO EVERYBODY NOT THE WHOLE ROOF THAT'S GOING FOR THAT PARTICULAR THING AND THAT WE ARE RENEWING EXISTING TWO USE, UH, UH, USE VARIANCES THAT HAVE ALREADY BEEN APPROVED IN THE ONE AREA.
THOSE THAT HAD ALREADY BEEN PREVIOUSLY APPROVED, CORRECT? JUST CORRECT.
THEY HAVE BEEN RE THEY HAVE BEEN PREVIOUSLY APPROVED AND ONE HASN'T EVEN YET EXPIRED THIS RIGHT AREA VARIANCE.
BUT JUST SO WE DON'T HAVE TO COME BACK HERE IN JUNE.
UH, ANYBODY ELSE FROM THE BOARD HAVE ANY QUESTIONS FOR THE APPLICANT AT ALL? ANYBODY? NOPE.
ANYBODY ELSE HERE TO SPEAK ON THE MATTER? OKAY, THANK YOU.
[11. Application # 6087 Costa Real Estate Dev LLC – Requesting two (2) area variances for a proposed duplex at 4260 Greenfield Parkway (Part 1 of 2)]
APPLICATION 6 0 8 7 COST OF REAL ESTATE DEVELOPMENT LLC REQUESTING TWO AREA VARIANCES FOR A PROPOSED DUPLEX AT 42 60 GREENFIELD PARKWAY.I'M SEEKING A FRONTAGE VARIANCE FOR UH, GREENFIELD PARKWAY.
UM, THIS WOULD BE MY SECOND ONE.
IT'S IDENTICAL TO MY LAST ONE THAT I DID A YEAR, TWO YEARS AGO.
I WOULD, I WOULD SAY SO IT'S UH, JUST ANOTHER DUPLEX.
UH, NEIGHBORS ARE GOOD AND GREAT SO I CAN HAVE ANY ISSUES.
EVERYBODY KNOW THIS IS TO BUILD A DUPLEX RIGHT NEXT TO THE ONE THAT HE BUILT BEFORE THE SIDE.
I THINK THE SIDE YARD IS OKAY, JEFF.
I THINK WHEN WE LOOK AT IT TODAY, IF I'M NOT MISTAKEN.
YEAH, SO MINIMUM SIDE YARD REQUIREMENT IS, IS 10 FEET, UH, IN THE R TWO ZONE AND HE'S PROPOSING 14.
THE VARIANCE HE ACTUALLY NEEDS IS FOR THE WIDTH, WHICH IS HE WANTS SET TO BE ABLE TO FILL IT ON 70 AND IT'S A HUNDRED, CORRECT? MINIMUM.
AND AN R TWO IS A HUNDRED FEET.
UM, THE LOT HAS 70 FOOT WIDTH PLUS THE SQUARE FOOT.
NOW WHEN YOU SAID THE FRONTAGE, HOW FAR BACK? YOU KNOW THE REQUIREMENT? THERE'S 35 FEET.
OKAY, I MEANT THE, BECAUSE I KNOW LAST TIME YOU WERE JUST OFF BY A LITTLE.
[00:55:01]
YOU'RE GOTTA BE 35 FEET.I'M GONNA SET 'EM RIGHT THERE SO THEY LOOK OFF EITHER.
ALRIGHT, ANYBODY ELSE FROM THE BOARD HAVE ANY QUESTIONS FOR THE APPLICANT AT ALL? ANYONE HELD TO SPEAK ON THE MATTER? THANK YOU.
WE WILL HAVE A BRIEF FIVE MINUTE INTERMISSION.
[1. Tabled Application # 6085 Daniel & Sandra Smith - Requesting a use variance and two (2) area variances for a proposed addition to the existing day care facility at 2095 Lakeview Road (Part 2 of 2)]
INTO OUR DELIBERATION FOR THE, UH, APPLICATIONS 6 0 8 5.WE HAVE MOTION TO TABLE FOR THAT INFORMATION.
I SECONDED BY UH, COMMISSIONER HAN.
UH, ALL THOSE IN FAVOR OF TABLING? AYE.
SO WE WILL THEN REVIEW THAT INFORMATION THAT CAME, UH, JUST AVAILABLE TODAY, ESPECIALLY THAT LETTER WITH ALL THAT FINANCIAL, UH, INFORMATION AND SO ON SO WE CAN LOOK IT OVER.
EVERYBODY GOOD WITH THAT? MAKE SURE THAT YOU DO THAT FOR THE NEXT MEETING.
[3. Application # 6091 Kevin Melisz – Requesting an area variance for a proposed detached garage at 6571 Versailles Road (Part 2 of 2)]
6 0 9 1 PROPOSED ATTACHED GARAGE AND BESIDES ROAD MOTION TO APPROVE.AND COMMISSIONER ADRIAN SECOND.
SECOND BY COMMISSIONER YODER ON THE QUESTION.
OKAY, WHETHER OR NOT BENEFIT CAN BE ACHIEVED BY ANY OTHER MEANS FEASIBLE TO THE APPLICANT THAT MAY BE SO, BUT UH, THIS IS WHAT HE'S PROPOSING UNDER UNDESIRABLE CHANGE IN THE NEIGHBORHOOD.
WHETHER THE REQUEST IS SUBSTANTIAL COULD BE CONSIDERED SUBSTANTIAL, BUT IT'S, UH, IT'S REPLACING THE EX EXISTING BUILDING WITH AN ADDITION OF, OF SOME SQUARE FOOTAGE.
WHETHER REQUESTS WILL HAVE AN ADVERSE PHYSICAL OR ENVIRONMENTAL EFFECT, NO, IT WILL NOT.
WHETHER OR NOT THE ALLEGED DIFFICULTY IS SELF-CREATED, IT IS, BUT UH, THE BALANCING TEST IS IN FAVOR OF GRANTING THE VARIANCE.
ALL THOSE IN FAVOR OF THE MOTION? AYE.
[4. Application # 6092 Dave’s Hot Chicken – Requesting three (3) area variances for proposed building signage at 3560 McKinley Parkway (Part 2 of 2)]
APPLICATION 6 0 9 2 DAVE'S HOT CHICKEN, THE SIGNS ON MCKINLEY PARKWAY.MOTION APPROVED BY COMMISSIONER FA SECOND BY COMMISSIONER YODER.
ON THE QUESTION ON THE QUESTION, WHETHER AN UNDESIRABLE CHANGE WILL BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD OR A DETRIMENT NEARBY PROPERTIES? NO.
WHETHER THE BENEFITS SOUGHT BY THE APPLICANT CAN BE ACHIEVED BY SOME FEASIBLE METHOD OTHER THAN A VARIANCE? NO.
WHETHER THE REQUESTED VARIANCE IS SUBSTANTIAL, IT IS NOT WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERSE EFFECT OR IMPACT OR ON PHYSICAL OR ENVIRONMENTAL CONDITIONS, NO.
WHETHER THE ALLEGED DIFFICULTY WITH SELF-CREATED, THAT COULD GO EITHER WAY, BUT I STILL BELIEVE THE BALANCING TEST FAVORS GRANTING OF THE VARIANCE.
ALL THOSE IN FAVOR OF THE MOTION? AYE.
[5. Application # 6093 Town of Hamburg – Requesting five (5) use variances and two (2) area variances for proposed signage at 4476 Lakeshore Road (Part 2 of 2)]
THE SIGNAGE FOR THE TOWN OF HAMBURG ON ROUTE FIVE, TWO USE VARIANCES.AND THE FIVE, I BELIEVE IT'S FIVE AREA VARI FIVE AREA VARIANCES.
THIS IS BASICALLY WHAT WE HAVE LOOKED AT, UH, FROM THE OTHER, UH, ONES.
WE, UH, OBVIOUSLY THE ONE WAS, UH, TAKEN OFF, THE OTHER FOUR WERE PASSED AND THIS IS THE ONE THAT WOULD GO, UH, ON THE WATERFRONT BUT ACROSS FROM THE SMALL, UH, RETAIL PLAZA ON ROUTE FIVE.
IS THERE A MOTION FROM ANYBODY IN THE BOARD TO DENY REQUEST TABLE EXCEPT CORRECT? LAURA CAME.
LAURA CAN BE PART OF THIS BECAUSE SHE WAS ON THAT COMMITTEE.
OKAY, SO YOU ARE DEFINITELY A PART OF, I'D LIKE TO MAKE A MOTION TO APPROVE THE USE VARIANCES.
MOTION TO APPROVE THE USE VARIANCES.
COMMISSIONER YODER, THE QUESTION ARE THE USE VARIANCES JEFF? UH, THEY PROVIDED COMPETENT FINANCIAL EVIDENCE.
THE ALLEGED HAR SHIP IS UNIQUE AND DOES NOT APPLY TO SUBSTANTIAL PORTION OF THE DISTRICT OR NEIGHBORHOOD.
IT'S ON THE LAKESIDE OF LAKE SHORE AWAY FROM THE RESIDENTIAL AREA ACROSS FROM THE COMMERCIAL AREA.
REQUESTED VARIANCE WILL, WILL NOT ALTER THE ESSENTIAL NEIGHBORHOOD CHARACTER OF THE NEIGHBOR.
AND THE ALLEGED HARDSHIP HAS NOT BEEN SELF-CREATED, BUT THE BALANCING TEST IS IN FAVOR OF GRANTING THE USE VARIANCES.
ARE THOSE IN FAVOR OF THE MOTION? AYE.
OPPOSED AND ABSTAINING AND OF ONE ABSTENTION.
I NEED A MOTION FOR THE AREA VARIANCES FOR THE SAME SIGN ON ROUTE FIVE.
MOTION TO APPROVE BY COMMISSIONER ADRIAN.
SECOND BY COMMISSIONER YODER ON THE QUESTION WHETHER BENEFIT CAN BE ACHIEVED BY ANY OTHER MEANS FEASIBLE TO THE APPLICANT? NO, IT CANNOT.
AN UNDESIRABLE CHANGE IN THE NEIGHBORHOOD? NO, THERE IS NOT.
WHETHER REQUEST WILL HAVE ADVERSE PHYSICAL OR ENVIRONMENTAL EFFECTS,
[01:00:01]
NO, IT WILL NOT.AND UH, IT ALLEGED DIFFICULTY IS SELF-CREATED, BUT THE BALANCING TEST IS IN FAVOR OF GRANTING THE VARIANCE.
ALL THOSE IN FAVOR OF THE MOTION? AYE.
[6. Application # 6094 Jeremy Tirado – Requesting an area variance for a proposed fence at 4021 Towers Place (Part 2 of 2)]
6 0 9 4 AREA VARIANCES ON TOTAL MOTION TO APPROVE.MOTION TO APPROVE BY COMMISSIONER PARKWOOD.
SECOND BY COMMISSIONER HAN ON THE QUESTION ON THE QUESTION, WHETHER AN UNDESIRABLE CHANGE WILL BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD OR A DETRIMENT TO NEARBY PROPERTIES? NO.
WHETHER THE BENEFITS SOUGHT BY THE APPLICANT CAN BE ACHIEVED BY SOME FEASIBLE METHOD OTHER THAN THE VARIANCE? NO.
WHETHER THE REQUESTED VARIANCE IS SUBSTANTIAL, IT IS NOT WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD.
WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED, YES.
BUT I STILL BELIEVE THE BALANCING TEST FAVORS GRANTING OF THE APPLICANT'S REQUEST FOR A VARIANCE.
ALL THOSE IN FAVOR OF THE MOTION? AYE.
I WILL ENTERTAIN A MOTION TO TABLE THE NEXT APPLICATION.
MOTION TO TABLE FROM COMMISSIONER FALKOWITZ.
SECONDED BY COMMISSIONER YODER.
THE ONE ON HOWARD ROAD? UH, NO, THE SOUTHWESTERN.
OH, THE APPLICANT DIDN'T SHOW UP.
NO, THAT'S THE NEXT, WE'RE COMING TO THEN APPLICATION
[8. Application # 6096 Donald Clark – Requesting an area variance for a proposed covered porch at 3629 Howard Road (Part 2 of 2)]
6 0 9 6.MOTION TO APPROVE FROM COMMISSIONER HAN SECOND BY COMMISSIONER FALKOWITZ ON THE QUESTION WHETHER AN UNDESIRABLE CHANGE WILL BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD? NO.
WHETHER THE BENEFITS SOUGHT BY THE APPLICANT CAN BE ACHIEVED BY SOME FEASIBLE METHOD OTHER THAN A VARIANCE.
WHETHER THE REQUESTED VARIANCE IS SUBSTANTIAL, IT IS NOT WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERSE EFFECT OR IMPACT ON THE ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD.
AND WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED? POSSIBLY.
BUT THE BALANCING TEST FAVORS THE APPLICANT.
ALL THOSE IN FAVOR OF THE MOTION? AYE.
OPPOSED? SO, CARRIE, APPLICATION
[9. Application # 6097 Andrew Carriero – Requesting an area variance for a proposed detached garage at 6324 Smith Road (Part 2 of 2)]
6 0 9 7 FOR SMITH ROAD.MOTION TO TABLE BY COMMISSIONER FALKOWITZ.
SECOND BY COMMISSIONER HANH ON THE QUESTION.
OPPOSED? THAT'S SOMETHING THAT WE'LL DEFINITELY HAVE THE ENGINEERING DEPARTMENT ON.
HAVE TO DO A THOROUGH SITE DOWN THERE TO MAKE SURE THAT WE GET EVERYTHING RIGHT FOR NEXT MONTH.
SO, SORRY, BUT YOU HAVE THERE, BUT AT LEAST WE HAVE TO TABLE IT SO WE CAN MAKE SURE WE HAVE ALL THE, THE RIGHT INFORMATION.
[10. Application # 6098 Next Level Storage – Hamburg LLC – Requesting two (2) use variances and two (2) area variances for a public mini-storage facility to be located at 5661 Camp Road(Part 2 of 2)]
6 0 9 8 FOR THE STORAGE ON CAMP ROAD.THIS IS TO EXTEND THE TWO USE VARIANCES THAT HAVE ALREADY BEEN APPROVED TO EXTEND ONE AREA VARIANCE.
MOTION TO APPROVE BY COMMISSIONER F, SECOND BY COMMISSIONER HAN, DO YOU WANNA READ, UH, JUST FOR THE TWO USE JUST TO REDO THE TWO USE.
MOTION TO APPROVE THE TWO USE VARIANCES THAT WERE PREVIOUSLY APPROVED BY THIS BOARD IN JUNE OF 2024.
UM, YOU DON'T HAVE TO BECAUSE THEY'VE ALREADY BEEN APPROVED.
AND THEN, UH, THE AREA VARIANCE, UH, WHETHER AN UNDESIRABLE CHANGE WILL BE PRODUCED IN THE CHARACTER OF THE NEIGHBORHOOD.
WHETHER, SOME THE BENEFITS ARE BY THE APPLICANT CAN BE ACHIEVED BY SOME FEASIBLE METHOD OTHER THAN THE VARIANCE.
WHETHER THE REQUEST IS SUBSTANTIAL, IT IS NOT WHETHER THE PROPOSED VARIANCE WILL HAVE AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR ENVIRONMENTAL CONDITIONS IN THE NEIGHBORHOOD.
KNOW WHETHER THE ALLEGED DIFFICULTY WAS SELF-CREATED? YES, BUT I STILL BELIEVE THE BALANCING TEST FAVORS GRANTING OF THE AREA VARIANCE, WHICH IS, THAT'S THE AREA VARIANCE ON THE HEIGHT.
THAT'S THE ONE THAT WE'RE VOTING ON, ON THIS.
AND THEN WE'LL VOTE SEPARATELY.
I WANNA VOTE SEPARATELY ON THE THREE THAT WE'RE RENEWING.
SO ALL THOSE IN FAVOR OF THE VARIANCE FOR THE HEIGHT.
AND THEN WE'LL DO A SEPARATE, UH, NICOLE ALREADY READ, BUT A SEPARATE EXTENSION OF THE TWO VARI, THE TWO USE VARIANCES, WHICH YOU'VE ALREADY PRE-APPROVED IN, EXCUSE ME, IN THE ONE, UH, AREA.
ALL THOSE IN FAVOR OF EXTENDING THOSE.
OPPOSED? SO CARRIED APPLICATION 6 0 9 7
[11. Application # 6087 Costa Real Estate Dev LLC – Requesting two (2) area variances for a proposed duplex at 4260 Greenfield Parkway (Part 2 of 2)]
FROM GREENFIELD PARKWAY.MOTION TO APPROVE BY COMMISSIONER ADRIAN.
SECOND BY COMMISSIONER YODER ON THE QUESTION WHETHER BENEFIT CAN BE ACHIEVED BY OTHER MEANS FEASIBLE TO THE APPLICANT? I DON'T BELIEVE IT CAN FOR WHAT HE'S PROPOSING.
ANY UNDESIRABLE CHANGE IN THE NEIGHBORHOOD? NO, THERE WILL NOT BE.
UH, THERE'S AN EXISTING DUPLEX RIGHT NEXT DOOR.
WHETHER THE REQUEST IS SUBSTANTIAL, NO IT'S NOT.
WHETHER THE REQUEST WILL HAVE AN ADVERSE PHYSICAL OR ENVIRONMENTAL EFFECT, NO.
WHETHER THE ALLEGED DIFFICULTY OF SELF-CREATED, IT MIGHT BE, BUT THE BALANCING TEST IS IN FAVOR OF GRANTING THE VARIANCE.
ALL THOSE IN FAVOR OF THE MOTION? A AYE.
[01:05:01]
ALRIGHT, WE GOT A COUPLE OF THINGS[Additional Item 1]
TO DON'T TURN OFF YET.UH, FIRST OF ALL, WE HAVE TO APPROVE THE MINUTES FOR FEBRUARY BECAUSE WE DIDN'T HAVE A CHANCE TO, UH, REVIEW THOSE.
SO I NEED A MOTION TO APPROVE THE MINUTES FOR FEBRUARY.
MOTION TO APPROVE BY COMMISSIONER FALKOWITZ.
SECONDED BY COMMISSIONER, UH, HAN.
OPPOSED? HAVE YOU HAD A CHANCE TO
[Additional Item 2]
REVIEW THE MINUTES FOR MARCH THAT WE CAN APPROVE? OR DO YOU WANT TO WAIT UNTIL THAT? I HAVE LOOKED THEM OVER.I THOUGHT THEY WERE FINE, BUT I WANNA MAKE SURE EVERYBODY IS GOOD WITH IT.
DENNIS, YOU GOOD FOR THE MARCH? MARCH MINUTE? OKAY.
MOTION TO APPROVE THE MARCH MINUTES.
MOTION TO APPROVE BY COMMISSIONER FLE.
SECONDED BY COMMISSIONER CHAPMAN.
[Additional Item 3]
THING.THE MEETING IN NOVEMBER BECAUSE OUR SCHEDULED MEETING IS ON ELECTION DAY AND BECAUSE THE FOLLOWING TUESDAY IS VETERAN'S DAY, SO WE HAVE, LAURA HAS BEEN KIND OF, WE HAVE SECURED THIS ROOM, SO THE MEETING IN NOVEMBER WILL BE THURSDAY, NOVEMBER 6TH.
SO EVERYONE PLEASE MAKE A NOTE OF IT.
ALRIGHT, ANY OTHER QUESTIONS? NO, SIR.
COMMISSIONER HANH SECONDED BY COMMISSIONER FALKOWITZ.