Planning Board - Regular Meeting

That one phone call and the chain went out, right? It's like the snow day chain the teacher. Great. That's great. Some information. It's huge. They don't do the robo call first. All right, we should be live. Look it up on the TV or something now. Really? Yeah. First student is too cheap. They don't call you? Nope. They said they weren't doing it this year. All right, we're live. All right. Excellent. Well, let's get this started. I appreciate everybody coming out. The big crowd that we have tonight. It's not what I anticipated. Welcome everybody to the November 20th meeting of the zoning board of appeals. Ask anybody's able to and willing stand for the pledge of allegiance.

Pledge allegiance to the flag United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Let's do a roll call real quick. Chair Hogan here. Vice Chair Fischer here. Member Stevens here. Member Davis is absent. And members is absent.

Yes. All right. Well, um I'm gonna go out of order here. I know we have a public hearing. We were supposed to have a public hearing with regards to the Verizon application. Um, this week we were notified Ver by Verizon that they're requesting the application be temporarily held so that they can seek guidance through the planning board to figure out whether or not they have to amend and add other appeals. So, no public hearing for that tonight. So, moving on, we're going to be looking at one application tonight and believe that's you, sir. Yep. Come on up here if you want. It's Phineas Lev LLC. Um the application is 25-08. Section lot number is 68.3-2-5.2000. The applicants proposing to construct a 750 square foot carport that will be positioned 10 ft from the sideyard. The parcel is approximately 2 acres and the applica applicant is seeking a 30 foot area variance. This is a new application and it's in the R2 zone. Um sir, if you can just identify yourself and then give us a briefing on what you're looking to do.

Sure. Hello. Uh thank you everyone. My name is Jerro Cooji. I live on 462 Queens Highway. Uh we this when we bought a place last year uh there's no shelter for the cars. Uh so we thought we'd put up a carport. Didn't realize the only spot was pretty close to the line. Uh but as you can see in the photo, it's trees and then you know I don't think it it's going to impact the neighbor down the hill. Uh but that would be the ideal place to put it. Um, uh, the driveway is set up that way. Otherwise, um, the only other, well, the other spot would have been the left side of the house in that picture, but there's a hill and shrubbery, so it' be most convenient if I could put it where I put some shelter over the car. I didn't think a carport was um that big of a deal, but apparently it's two car two carport, so it's not it's not five cars. But anyway, yeah, it's uh it's 30 30 ft uh too close to the neighbor's property. Um, will there be any sides to the carport? Will it be strictly

wooden slats uh that are you know it's not a wall but will follow the same same structure basically as the home. Will it have metal roofing? Will it have what's going to be comprised of? No, it's actually a wooden wooden roof but be painted. Okay. Will there be electric to it or anything like that? I do have an electric car, so ideally the garden you get light. Why Why couldn't this carport be positioned in another area other than the shrubbery and the hill? Because things like excavation work can be done to make that problem go away, mitigate it a little bit.

Uh well, certainly more expensive to ex excavate. There's stone. um closer to the house would be blocking the windows. So if I don't get it approved, but probably won't do anything and otherwise it would be positioned right in front of the house. Strange that and have you consulted with any of your neighbors particularly the bordering neighbors to the car moved in a year ago. I haven't seen um the gentleman. Um he hasn't brought in his brownies over to the dinner himself either. [laughter] But uh yeah, I didn't know what the next step was. So

just my neighbor. Now I feel like I have to go home and make brownies. I gladly go over there, but uh I wasn't sure what the process was.

I understand. really got a question here. I'm looking at your diagram. Um, if you turn that so where your driveway comes down from the road, you put it straight in there, that wouldn't work instead of having it on the side like if you So, you drive straight down your driveway into it. Uh it might it'll be in front of the house which is maybe a little odd. Um so the road is kind of conveniently you can turn around in it. Um

yeah where the what I'm saying is that you drive down your driveway to a straight end and you'll be able to back into where you want to put it which is your little parking area. Uh

like in the right like in the picture here it' be left of right of your house. Yeah. So you can't really see but the two bedrooms on that side of the house the two windows just face that way. So I was hoping not to put any structures there. But that's quite a bit of a variance. It is pretty significant. You're looking at 75. Yeah. Way over 50%.

For some reason, this computer is not working. right across from Rochester Center Road. Charlie, following up on your idea, can you I I don't have a sense of the um uh dimensional details from the sketch, but if if it were on that side of the house, would it would it eyeballing it, can you tell whether or not there'd still be a v is it would that diminish the amount of variance? It wouldn't eliminate the need for variance. it would

I don't think it would um eliminate it. It would cut it way down. Should cut it way down to maybe a 10% instead of waiting maybe a 20% instead of a 75%. Do do you understand what the what the issue there was while I was asking that question? Uh I mean I understand 40t from the line, right? So the question was really um following up on Charlie's just thought just when we can we like to if we can um minimize sure

the extent of variance and so that was the reason for the question we wouldn't in this context eliminate it maybe it makes a difference maybe not know I mean you have a neighbor on the other side of that property line and perhaps input from that neighbor could be important as to whether or not they're concerned whether or not it's within 10 ft of the property line or 30 ft of the property line. It may or may not matter to them. Yeah, I didn't know again like if I if I knew I applied, I got rejected. I appealed. Okay. I didn't know what the

that's why we hold this first session is kind of so you can become acquainted with our process and so we can have a back and forth on what your ideas are. So I mean if it's moving it 10 ft obviously not a problem. I didn't really think about moving it. Uh we did look at 40T and it it went too far past that driveway. So, could that driveway be extended past the house and the carport put be put in the back? Uh, so as I mentioned, the bedroom windows are looking out to the nice looks like. So, if I put it back behind that, I'm looking at this. We were to extend this where the carport's going to be and go into the back of the house. Yeah,

that's what I'm saying. If you extended it right at the back corner of the house, it looks like a stone wall tank right behind it. I really didn't want to see the structure from the bedroom because it was probably close at that point as well. So, um I don't have the um the lot map at hand, but in addition to the one neighbor on that side, are there other neighbor property? Yeah.

I mean, across the street or uh No, it's the intersection of intersection of Queens Highway and Rochester Center. Okay, I've got it here on the map then if you want to take a look.

Okay. Yeah. I mean, it's there's one owner looks like pretty much surrounds like three sides. And I'm trying to think of where this is. I know exactly. This is Pagans. Yep. That's exactly. Okay. House there. I'm trying. I'm looking at the 2021 aerial and I'm like, wait, something's not matching up here. I know where this is. I see what happened. This is after they they took down the old house. And then I look at this map. That shows the old foundation, right?

That's That's the house that used to be there. Yep. Yep.

I can see the septic tank would be in the way if you were to try to extend it past the house on the right. All right. Well, I we we do have to figure out a way to limit this ask, unfortunately. I mean, 75% is a big ask for this. And I mean, if you can possibly get some type of letter from the the neighbor saying it would be okay, it would definitely benefit you greatly. Um, okay.

But I really have no other questions with regards to it. I mean, given us materials that are going to be used, you know, your location, we know we're looking at a 75% ask. So, what is what do I need to get to? Well, here's what what number do you need to get to? Yeah, I would like to see it at the very minimum. Well, the the least amount possible, which would be zero. Then there'd be no need for a variance obviously.

Um, but traditionally we try to stay as minimal as possible within say 30%. So, I mean, that's it's a big ask, but we're looking at that would have to move to a 10- foot variance versus the need for a 30. I'd say it would get us closer to that mark. Can I ask um

I just want to follow up just to on on point. Um there's no hard and fast rule about these numbers, right? Well, it's a balancing act that we're required to do under the law. So Clay was mentioning 30% that is a number you know there's no there there's a requirement that we look at the substantial the substantiality of the variance as one factor in whether or not we would grant a variance. It is a single factor. It is not the determinative factor necessarily. just so that you're clear on what the parameters are because you're asked the question. Sure. And you should, you know, you could

I got it. you you could look at the law yourself or talk to somebody about it, but I we're required to balance several different factors and and I would just request or suggest that if you could come at least from my own vision with something with scales so that we can see what the different dimensions are. Um, I mean I can kind of eyeball it here because you're told can you tell us if it's 31 and a half feet uh for the dimensions of the building itself. So you know I can we're looking at a yard set

look at that and this is probably 60. For instance, I would like to know the distance between the house and the property line if you could. Um, and some other relevant you might even just as Clay was suggesting looking at the current um measurements of the building you're seeking to put in. That's why and kind of play with it on it would if you were 200 feet whether or not there is any or under that could reduce 10 feet would be reduce that that might be a fruitful exercise. Yeah. Again you know it's a horse.

It's just barn [laughter] covering two cars. I understand what you're saying. Trying to avoid spending a lot of money trying to figure out No, you can't be proud of the narrative building. Might not require a lot of I mean, you know, did you do you do this drawing yourself? Yeah. Well, you did a pretty good job. It's just a matter with

Yeah, it's a just a matter of kind of filling in some of the numbers for us. And um if you come back for a public hearing um that might be one thing, you know, if you can say why this is absolutely the only thing that will work for you, you'd have to, you know, come up with a good reason for why it is the only thing. It's not absolutely the only thing that would work on a twoacre property, but no, it's the way it was laid out. Yeah. It's where the parking area is, so why not put a little roof over?

Understood. Understood. Can can I ask uh single car uh pole garage whatever you call it carport there isn't enough 40 foot clearance right there is the only the only time it would change and this is what we were just talking about Mary Lou and I is if it were under 200 square feet right if it were under 200 square feet then it could be located outside of 10 foot mark so you'd have to be 10 feet in on your property lawn and then you could put the structure let's say you wanted to put a shed out as long as the shed was 200 200 f feet or under it could be located 10 ft from the property. All right. But because we've exceeded that, we're looking at the necessary 40t because it becomes same as a principal dwelling.

But could I do two single carports that are separated by 10 ft? No. No. A single carport is um normally 12 by 24. So over if you can come up over 240 if you can come up with a way to fit your vehicle inside of 200 square feet bunk beds [laughter] it would 200 square feet is the is the number that you'd have to work with in order it's for sheds it's not for yeah not for carports all

um I would also is maybe take a look while we consider things like aesthetic value of your view outside of your bedroom windows. It's not something that we strongly consider because it's that's kind of your request if we can still fit this within the least amount possible of required variance. Okay. Like I said, the it was it was designed the parking area was designed that way. So to me, simple answer. There's another thing, maybe a 24 by 24. That's a normal twocar garage and then it moves it in too. Move it in another

10 ft. Or I I know it's inconvenient. It's a par fourth, but maybe one vehicle wide, too deep would get you closer. I mean, there are a couple options for you to consider. Yeah. Yeah. too too deep. You'd be over 31 ft. Yeah, but it wouldn't be it would be off the property line. Shrink the width and then by the time you move it over a little bit. Yeah. It might be closer to that 40 foot mark than you you realize.

Okay. Is is it is it a prefab building that you're in other words would you have the option like Charlie's suggestion might be you know would be worth considering on that point because if you've limited it from 31 to 24 well that's at least 7 foot less than the original ask you if it works you know if it can work you know you understand what I'm saying but the back is still going to be even whether it's 24 or 35 Five. Isn't the back of it? No, you keep the front where the driveway side where it is and say further away from the Oh, it's wonderful. Oh, now it's a little bit narrower. Yeah,

if you have the flexibility in the design process to do that. Yeah, I'm I'm a simple guy. I wanted I didn't I have a narrow garage. I understand. This looks like it's way over complicated, but fortunately, this is the way to design. Yeah, it's not a garage. All right, let me uh speak to the neighbor. And like I said, you know, why don't we we'll hold off then on scheduling a public hearing. Let's give you the opportunity to maybe discover a more reasonable ask with regards to firemen. If you can submit any paperwork to Stacy

and the neighbor says go crazy, no problem. If the neighbor if the neighbor Exact We may we may approve something mitigating your ask so it might shrink. I'm sorry. That's okay. If the neighbor says okay there are you could get approved. I don't I don't I'm sorry I'm disappointed with the chairman here but but it is possible it is possible that you could come back with a letter from the neighbor and saying I got the letter from the neighbor. this is, you know, really the only reasonable way for me to meet my needs. It's possible that the board could approve it,

but you but you've heard you've heard the commentary and so I got it. You can take it to heart. Not guaranteed because you have to it might be a new neighbor in a year. Absolutely. It's not guaranteed that you get that letter, it will be approved, but it's not automatic if they deny it and they say they don't want it that you won't get approved. If that makes sense. I agree with you 100% with that statement, Ken. Maybe I misspoke. All right. No, I just want to make sure I understood. Yeah. And if you have any questions, you can reach out to Stacy. I'm struggling. All right. What we'll do is we'll put you back on the agenda for next month. Next or so. Okay. And give you some opportunity to go ahead and get I'll get the tape measure up.

Okay. Unless unless you want us to wait until the following week. Okay. Uh let me see how far I can All right. Look at we're ready. Yeah, that's I mean I don't I don't think you equate to the stage where we should start scheduling public hearings. I think give you an opportunity either way. I mean I don't think I can build on the winner anyway. So all right, let me uh get some more information and come back to you guys. Thanks, coach. Appreciate it. Good evening. Y Charlie minutes, right? Yes, we do.

Hello. Hello. Verizon going to be here tonight? No, I'm No, Verizon is is not going to happen tonight. It was originally scheduled, but at their request, they've temporarily withdrawn their application to modify and then resubmit if necessary. So, where exactly is it going to be more or less where they want to locate it? That's you're going to have to address the planning board with that. We're our only function is to hear anything with regards to appeal to the zoning codes. Okay. All right. Thank you very much. You bet. It was interesting listening.

Thank Thanks for coming out. We have this meeting once every month on on on third Thursday. [laughter] Oh, well in the spring it'll still be late. Yes. Yeah. The light savings time. Switch it back today. [laughter] You missed that announcement. Thanksgiving to you all. Thank you, sir. Oh my goodness.

Well, I can't vote on the minute since I wasn't here. Yes, you can still vote. You're voting to It's a common misconception. You can still approve them. You just have to review them. Okay. You have copies here. Sure. Are they in the packet though? Uh I don't know if there you go. There's September's. Here's October's back. September. I wish you

you want to have um I mean after you're done with the minutes and things you should probably have a constable spend the rest of the evening at home or because the attorney I agree with that 100%. I and you can let Stacy go too. Can Yeah, she shouldn't be here for the attorney's meeting because she's not a board member. Stacy, you gotta go. I can [laughter] bye. Why am I none? We see I reviewed them one page. There we go. The other is like three. Gotcha. Not yet. [laughter]

Maybe you are but not for that particular.

That's all right, Charlie. It's no problem. This is September. That's September. Is October here, too? Uh, right there in your right hand. Okay. Right. Well, the only other uh cleanup work that we have is the approving of the minutes for September and October. We'll start with September 18th minutes. Um, everybody have an opportunity to review them and does anybody notice anything they need to change, want to change? You want a little copy of it, Charlie? No, I read them. Okay.

I did. I did read them, but I don't remember seeing any needed change. No, I I I liked it. I think they look good. Um, I guess I need a motion then to approve. I'll make them September September meeting. I'll second it. All right. Do we have any discussion on the minutes and anything? Looks fine to me. Okay. Um, all right. All in favor? Yeah. I.

Any opposed? Abstains. All right. Minutes carried. And then we have the October 16th um meeting minutes. Only thing that I had Stacy correct was member Harley being present versus absent and that was taken care of. I didn't see anything else other than what happened. So anybody have anything that they need changed, want changed? [laughter] Make sure that gets in the minutes, please.

Put that in there. That would be that would be absolutely awesome. I will send that out as Christmas gifts to my entire family. Um, it's going to make YouTube guaranteed beyond the the meeting. Um, all right. Well, then if everybody's happy with them, I need a motion to approve the October 16th minutes. Make a motion to approve the October meeting. I'll second that. Any discussion?

Just one quick question. Sure. At the meeting and in the m from my reading of the minutes, the public hearing was closed on the Dawson application and um both areases were approved, right? Yes. Well, we had to approve. There were two different variances that were sought and we approved them both. Okay.

Yeah. Yeah. I'm looking at the second page. I'm looking at the second page of it. Um,

I'm not nitpicking, but I No, I'm doing I was wondering if the M should reflect the two different variances. They should because there was two there would be two books. No, I think we did miss that. That's a great cash. Shut up a little if I read it wrong. Uh, it says it requires two variants. It's us. Yeah, it's okay. I mean, it's I guess it's on the motion. I guess it's implicit that um is it on

it says two area variances. The overlay development district I guess is the first and the 100 foot back is the second. So, I mean, ordinarily, I would think that the minutes they should absolutely both be in there, Ken. Yeah, we're not going to I I think we should hold off on both until until they're added and we can review them again next month.

Yeah, they should be separate. Both both matters should be listed separately. just stated at least. Um, I'm wondering if I wrote it on the motions versus in the minutes. Maybe you probably did. You may have. I'm trying to see. We don't need to resolve it tonight, Stacy. We can No, that's absolutely. We We'll hold off on that. All

right. So, we're going to postpone approving the October minutes until at least next month. Okay. Great catch, Ken. All right. Anybody else have anything? Uh, we're getting towards the end of the year. Keep up on your training if you haven't done so already. Everybody by now should pretty much have the hours that are required. Um, maybe we can get a That is what I Maybe we get a print out of who needs what for training. We know. I'm working on it. Yeah, I know. I'll I'll get you mine. I have to get the certificate from the people in Albany. That way we can close out the year. Um, I think that's about it. Any new business? Yeah, I got something.

Charlie, go ahead. As of November 30th, I resigned from the CBA. That's something. Yeah. Charlie, let me tell you something. You've been a very valuable member of this board for a long time. You served here. You served on this board with my mother. Yeah. He was the first one that took me in. And I understand the need for you to move on and you're going to be missed. You are a huge valuable resource. Sounds like you've made the decision and there's no going back.

No going back. I think I think he's put a lot of well processed thought going a year I' been thinking about it was resigned a few times but your family has a lot going on right there's a lot yeah well well our appreciation is um very much even though I haven't had the length of time working with you I've appreciated you have the institutional knowledge like it's very hard for boards like this to function without so we'll miss you Yes, Charlie. I don't know if you know the process, but you have to write a letter to Kate. It's already done. Okay. Made sure of it.

Lots of time people don't realize that copy play. Okay. I I wish I wish I could talk you out of it, but I'm not going to. Nope. Can't. Not this time. You did last time. I know. And I appreciate you sticking it out the way you did, man. I really do. It couldn't have got through tonight for instance without That's right. Exactly. A lot of night times having said that. I only been sworn in I don't know how many years. It was last month. Yeah. And I was I I I knew something wasn't right. But Amen. I haven't been to a townboard meeting in months either. You haven't say I don't know anymore because I'm on Yeah. I'm sure that you and Carol are at all the meetings. You're not.

No. Okay. And then I have Carol hasn't been to him and as much and at least two months. Okay. I haven't order any board either. What happened? You got cable? Yeah. Something to do at night. [laughter] Well, having said that, I'd be neglecting my duties as chair by not putting out there that then there's currently going to be a seat available as well as the vice chair spot. So, I would put it out to the members that are here,

Ken. The members that aren't that hopefully are taking the opportunity at some point to review this on YouTube to consider that position. Our board is well structured. We have anybody on this board could step in to this position, step into the vice chair position with comfort and we can rely on each other. So we've been very lucky when it comes to that. So that one night I went to very much whatever help. [laughter] I probably should have put let him just great isn't he with these kinds of things.

That's what I'm saying. There's there's nobody here that couldn't comfortably sit here and couldn't comfortably be the vice chair. So I would encourage somebody to step up and throw their hat in the ring. Thanks. Great spot for you, Ken. Really is. I know. I'm gonna nominate somebody who didn't show up tonight as a penalty for missing. That's just vindictive, man. Well, um, but having said that, yeah, we do we we desperately need a alternate and subsequently we're going to need somebody else to sit on the board. John Dawson said he'd like to put his hat in hold me down. Okay. Well, I seen him at the diner when he if you

after the last meeting, he wanted to know where I was. Oh, okay. If you see him again or you have an opportunity to reach out to him, tell him, encourage him to put resume in and an application in and right to the town board. To the town. Yeah. Go right through. Is that how it goes to the town board? Yeah. The town board has to approve it. Um, as far as the vice chair though, is that the board to approve that or is that is that under the town board to approve still? I don't remember. I don't remember. Towns do it differently. I think our town I think you we just made it up because there hadn't been a vice. I don't know. I don't think actually vice I think are a board decision.

Yeah, I think they got to tie up their time. I I think that was the way we did it when um the last time. Well, when did you become vice chair? Right. When Saman was chair, you became vice chair. Yeah, that's right. I was going to say I can look back to when That's right. Town board did it one time. The town board. The town board. I did see it in the meetings. Yeah, it is in their minutes. I'll have to get a hold of Aaron to find out. Super Nan to find out. Yeah, but before that it was always chairman appointed. No, I think so. just started this year with from all of us. See what I can do.

I think that's that is true. That's true. You're right. All right. Well, I don't I don't want to time. Yeah. Um All right. I guess if any nobody has anything else, let's uh get a motion to adjurnn. And I'll move to adjourn. If you guys don't appoint a chair, then the vice chair and vice chair. I know, but for the chair. Okay. Okay.

If you guys don't appoint one, then the town board does. It does not. And then it says you the board of appeals may designate a member to serve as acting chairperson. So if you're not available, so that's what you're right. The vice chair that's exactly what they title that says if I don't show up, Charlie was running the meeting. So I could communicate to one person rather than calling the whole board. Exactly. Yeah. Exactly. Okay. All right. The whole board who this whole board decides who the vice will be. That one time I don't think we even had a vice chair. We didn't. We didn't for the longest time. Yeah. And I think you weren't here or some Sam wasn't here or something.

You stepped in. No. No. Sam wasn't here one time. The only time I stepped in was the last time playing missed. Okay. Yeah. But that's You're right. We did it on an ad hoc basis and Yeah. Yeah. It's better to have it done designated. I agree. I agree. So you you have a plan in place. Okay. I have a motion to adjourn on the table. Yes. Do we have a second? All right. All in favor? I I. Anybody against wants to stay forever and ever? No. No. All right. Motion passes. That's the end of the meeting. Thanks everybody for coming out. Great to see the audience. Thank you, Charles.