Zoning Board of Appeals - Regular Meeting

the green apple. You stepped into that. Okay, here we go. Okay, I'm going to call the meeting order at 7:30. Roll call. William Johnson here. Thomas Graphinino here. L Colligan here. Asa Kkler here. And Phil Dioro is here. We also have present via Zoom Tim Hill, the ZBA attorney. Um, first order of business is to review and approve the October 15, 2025 minutes. May I have a motion to approve? I'll make a motion. I'll second it. All in favor? I I All right. So, we have uh four resolutions uh hearing agenda tonight and that's really about it. We don't have any new hearings. Um the first one I have to excuse myself. Okay.

Neighbor. Will you read an outline of of the resolution, please?

Uh application by Sylvester Mana Educational Farm, Inc. for a special permit at 80 North Perry Road. Uh yeah, the zoning board of appeals has reviewed the subject application and determined that this is a type two action and no further secret review is required. This application concerns those portions of the property that are located in the AA zoning district. uh applicants saw a permit to perform exterior and interior re renovations of the existing Sylvester Manor House and for mixeduse occupancy in the AA district. By notice of this approval dated January 16, 2025, the building inspector denied the application as indicated by the building inspector. In addition to the relief s from this board, the proposal requires townboard site plan review. The subject property is unique in many regards, including but not limited to its historic relevance, its size and location, and its relationship to the community. The applicant seeks a special permit under the section 133-7D5 on the grounds that the use or uses for which it seeks a special permit are of the same general character as an educational institution. Applicant submitted a spreadsheet that more specifically organized and listed uses for which it is seeking approval under the following categories. Arts and cultural programming, educational programming, historical preservation, nonprofit and municipal partnerships, open space, recreation and community benefit and private events. The zoning board make the following findings with respect to the issue of whether the particular activities previously engaged in by the applicant are of the same general character as an

educational institution. Uh so there's about 35 uses listed. So I'll just read the one that we said no to. Okay. I don't think you need to read any. I mean you see we have at least 35.

Okay. But some were approved, some were not approved. Um so I'll just summarize that the not approved were the community events at a farm wellness program and private events. The rest is approved uh for those uses activities that the board finds about not to be of the same general character as an educational institution. The board must and hereby does deny the request for a special permit. The special per permit approval is limited solely to those uses that have been specifically identified and approved in the resolution. The resolution of the board is therefore to approve in part and deny in part the application for a special permit. The special permit is granted solely upon conditions that there shall be no construction or installation of new non-aggricultural structures. The special permit and any rights conferred here by thereby is granted solely to Sylvester Manor and may not be transferred. The property nor any part of thereof um may not be leased for the purpose of allowing or permitting third parties to engage in uses or activities approved by the special permit granted herein. where indicated above. Approved activities are limited by and shall not occur more frequently than specified in this determination. I have a motion to approve. You want to review this a little bit? Are we good?

It looks just like what we spoke of. I I'll make a motion. I'll second. Lisa, is there something you want to bring? No, I just I wanted to make sure that the community events of the farm was correct as a No, that was the only So, those were things that that they spoke about were like um proms and I can't remember exactly what the There was a couple things on here. It includes like the Easter egg hunt, the veggie derby and and those kind of things. No, I think there was some specific that's what was listed on. Okay. I don't there she. So that's why I I'm just want to review that quickly.

We definitely we did have a discussion about the prom. Mhm. Right. Those those were the events that I'm talking about. So, so I just want to make sure if if we're referring to that list that they provided referring to list community events at the farm. Fourth one down under Black History Month.

All right, let me just get up here. looking for that stuff.

Yeah, I know that it just seems that one it that one just stuck out to me as a bit broad and I want to make sure that we're clear on what that entails before we move forward with it. because the TV and tree holiday celebration that's that's separate, right? And the windmill lighting,

you could classify those as community events. I I I actually think that the community events that were listed under community events are all fine. Yeah. Do you think that should be a yes? Well, I think like what Phil said, you know, the prom was something that we had brought up. I thought prom was under private events, wasn't it? That's true. Yeah, that that's where that is. So, I think maybe events. Yeah. Tim, you you hear where we're coming from here? Tim, you're muted. One one sec. One sec. He had an issue unmuting. Fix that. There we go.

Go ahead, Tim. Sorry. Yeah. So, the the community events in that category were were the ones that were described as the Easter egg hunt and veggie derby. prom um is was separately, you know, listed onto the private events. I I I do think then the community events that are listed are fine for me. It's they're fine for me, too. Is everybody good with that? So, the no is being changed. Yes. On that on just that one item, community the resolution. Yeah. Um I'm sorry again to not believe the point. However,

um if we are Looking at this through the lens of an educational institution, how does the Easter egg hunt fit into the yes category? So, what was the other thing there? The veggie derby. Is that right at the farm? And the veggie derby. The veggie derby. I could see there's there's you're using the produce, you're learning about science. It's, you know, STEM and there's already activity the town. Yes, there is.

So, not to make light of it, but do they sell eggs at the farm? Do they sell colored eggs at the I I don't see Yeah. I just want us to be consistent, okay, in our analysis. Um, so and community events to me if those aren't like linked to the educational

linked to the education piece somehow. Um, it's just a very broad category that could become problematic. Like the other ones are very very specific. fall farm festival. Technically, that could be a community event. So, I think that you don't want it to be an umbrella. There's a bit of a language issue here that, you know, some of these could be grouped as community events at the like I it's just the category community events at the farm is too broad. If we wanted to put a line item veggie derby, absolutely. Does that make more sense?

Okay. So, let's let's get a yes on the veggie derby, a no on the Easter egg hunt, and was there something else specific in there in those were the only two that they listed as under this community event category. So, I yeah, I just that language to me is a little broad compared to the others. Can we adapt this to then we can expand, right? Community events A and B. Tim, can we do that? We could just name the two things. I would just name it or just name the one that's allowed. No line and one will be yes and the other will be no.

Okay. Okay. Yes. And uh Tim, you you and I had spoken about the the public services and we wanted this stuff to go to uh site plan review. I'm wondering where where that is now. So that would be on page

four.

Sorry. The middle paragraph on page four says site plan review. Uh it's page six. I'm sorry. Um page six. The the second full paragraph under the under the list. Um the last sentence there. Oh, there it is. Okay. Okay. Perfect. Sorry. Okay. The last minute. All right. So, are we good? Uh, move and second. We're good. As amended. As amended.

Okay. So, can I have a motion to approve the amended resolution? We have a motion and we have a second. Okay. No. Well, now we need to get a motion and a second for an amended resolution. I think Chris, I'll make the motion as amended. And I'll second. All in favor? Let's do a roll call vote. Uh, Thomas Graphanino. Yes. Wayne Collagan. Yes. Lisa Crackkler. Yes. And Phil Dioro votes yes. Motion carries. All right.

Thank you, Tim. Thank you. Next up, we have uh 23 Tuttle Road, Mat. Christina, will you give us a brief synopsis of the resolution, please?

Application by Alexander F. Matthew for an area variance at 23 Tuttle Drive. This is a type two action and no further secret review is required. The subject property is located on Tuttle Drive and the AA reverts to a a zone within the nearshare overlay district. The applicant requests area variance for relief from the requirements of town code section 133-6B 5B rear and sideyear setbacks and from the town code section 133-7E3 minimum accessory floor area with roofing quarters. The resolution of the board is to approve uh the uh request with conditions. Um conditions are there shall be no kitchen cooking facilities in the accessory structure. The living quarters shall comply with all regard in all regards with all applicable building and fire code standards. Accessory quarter shall not be separately rented and there shall be no further development of the accessory structure. I have a motion to approve the resolution.

I'll make a motion. I'll second. And we'll do a roll call vote. William Johnston, yes. Thomas Graphanino, yes. Lyn Colligan, yes. Cryler, yes. Fiora votes yes. Harris. Right. Next up, we have uh resolution for 74 Ponic Avenue. O Sullivan. Christina, will you give us a quick synopsis here?

Application by Courtney O Sullivan for an area variance and spec permit at 74 Ponic Avenue. This is a type to action and no further secret review is required. The applicant request area variances for relief from the requirements of town code section 133-6B5A and B for on the art uh and rear side the art setback and special permits approvals for expansion of prior nonconformities if not both subsequent to the first public hearing applicant withdrew the request for any approval related to the swimming pool and relocated the proposed location of the HVAC system. Um, as to the proposed second floor addition, new steps and a shower, the board determined that the proposal meets the standards for special permit approval. However, with respect to the proposed second floor roof deck, the board finds and concludes that the proposal does not meet those standards. The roof deck is not the most appropriate use of land. Has the potential to negatively impact property values. Is unsuitable given its close proximity to the property line. Has potential for negative impacts as to light and noise. And the lot size is deficient given the proximity to the property line. The resolution of the board is to approve the request for area variances in connection with the first floor deck and pergola, new steps and outdoor shower. Approve the request for a special permit for proposed second floor addition, new steps and shower. Deny the request for a special permit for the proposed second floor deck.

Can I have a motion to make a motion to approve the resolution? Do I have a second? I'll second. Okay, we'll do a roll call vote. William Johnston, yes. Thomas Graphanino, yes. Lyn Colligan, yes. Lisa Crackler, yes. And Phil, please. Okay, we have uh one more resolution to work through here tonight. Five Mark Street. Christina, would you give us a synopsis?

Application by Hunter One Realy, Inc. for an area variance at Five Mark Street. This is a type two action and no further secret review is required. The subject property is located on Mark Street in the C zoning district. The applicant requests area variances for relief from the requirements of town code section 133-10B5A and B front front and rear and sideyard setbacks. The resolution of the board is to approve the request for an area of variance. Um, can I have a motion to approve? I'll make a motion. I'll second. Okay, we'll do a roll call vote. William Johnson, yes. Thomas Graphanino,

yes. Link Collan, yes. Lear, yes. And Phil Dioro votes yes. All right, we're going to close the hearing on the resolution saying we're going to go into executive session. And so I would ask that we say goodbye. Bye. Bye, Julian. Hi guys. I'll be around. Have a good night.

To close the meeting uh to go into executive session. Okay. Can I have a motion to go into executive session? I'll make a motion. I'll second it. All in favor?