Town Of Mayfield
 Minutes 

April 26, 2006: minutes

Body:

TOWN OF MAYFIELD

ZONING BOARD OF APPEALS



At the regular meeting of The Board of Appeals, Town of Mayfield, Fulton County, New York held on Wednesday April 26, 2006 at the Mayfield Municipal Complex 28 North School St at 7:00 p.m., there were


PRESENT:       Wesley Muddle, Chairman

                        Myrna Hallenbeck, Board Member

                        Richard Bumpus Jr. Board Member

                        James Cownie, Board Member

                        Richard Dixon, Board Member


OTHERS PRESENT:  Mike Stewart CEO, Clayton Christman, Gail Christman, Joseph Tesiero, Kathy Canary clerk.


Chairman Muddle opened the meeting at 7:00 pm


APPROVAL OF MINUTES-on a motion by Myra (correction) Myrna Hallenbeck and seconded by Richard Dixon the minutes of  March 22, 2006 were approved as submitted. CARRIED 5(five) AYES 0(zero)NAYS.


PUBLIC: none at this time


ZONING LAW MODIFICATIONS:

The Zoning Law Local Law 2 of 2005 section 301-13: C-1 was addressed for possible change.  The board held a discussion on changing this law to allow residential use in commercial zone.  The question discussed was should the change be R1 which stipulates minimum 1 acre lots or RE which would require minimum 3 acres per lot.


PUBLIC HEARING: 

 

Myra Hallenbeck made a motion seconded by James Cownie to suspend the regular meeting and open the Public Hearing as advertised and scheduled for this evening at 7:10 pm.  Following a review of the variance application that was submitted for Clayton Christman, a legal notice was printed on April 19, 2006 in the Leader Herald and the Recorder with a copy of said notice posted on the town bulletin board.  The applicant was informed of said public hearing via phone and a copy of said notice was given to the clerk to be included in the record.  The board held a detailed discussion with Christman’s and Mike Stewart CEO, on the placement of a garage.  To place the garage at an angle would be 35 feet from the road, under the Zoning Law Local Law 2 of 2005 Section 401-D-Front Yard Set Back 50 feet is required.  The Christman’s presented to the board statements from 2 neighbors indicating no negative response to placing the garage at an angle.   A discussion was held of moving the driveway to accommodate the placement of garage parallel to the house and thereby allowing a set back of 53 feet.   Myra Hallenbeck made a motion to close the Public Hearing and Richard Bumpus seconded.




TOWN OF MAYFIELD

ZONING BOARD OF APPEALS

April 26, 2006


Myra Hallenbeck made a motion to open Public Hearing for Joseph Tesiero and Richard Dixon seconded.  A legal notice was printed on April 19, 2006 in the Leader Herald and the Recorder. A copy of said notice was posted on the town bulletin board.  The applicant was informed of the public hearing via phone.  A copy of notice was given to the clerk to be included in the record.  The board held a discussion on the variance application for Joseph Tesiero.  Various questions were asked concerning the variance for the addition which would exceed percentage allowed for lot size according to Zoning Law Local Law 2 of 2005 Section 401-D-15% maximum lot size.  A motion to close the public hearing was made by Richard Bumpus and seconded by Myra Hallenbeck.


Christman Application Decision :

The board completed the Area Variance Findings and Decision form on file with the clerk  Each question was addressed and discussed.  After further discussion involving question number 2-Whether benefit sought by applicant can be achieved by a feasible alternative to the variance. The angle of the garage is the issue.  Myra Hallenbeck made a motion to DENY the variance seconded by Wesley Muddle.  The board conducted a vote on the variance with the decision of 5(five) NAYS 0(zero) AYES.  The variance is DENIED.  The applicant is in agreement with the decision. The applicant will relocate the driveway and have the garage parallel to the house, and be in full compliance with the Zoning Law Regulations concerning set back of garage.


Tesiero Application Decision:

The board completed the Area Variance Findings and Decision Form on file with the clerk.  Each question was addressed and discussed.  The board had concern with number 3 –Whether the requested variance is substantial.  The existing house is already over the 15% maximum lot coverage.  Due to the area being secluded Wesley Muddle made a motion to grant the variance with conditions seconded by James Cownie.  The board conducted a vote on the variance with a decision of 5(five) AYES 0(zero) NAYS to grant the variance with the condition contingent on any further requests of area variance with this property must be done by increasing lot size so area percentage will not exceed Zoning Law.


ZONING LAW MODIFICATIONS

A continuation of discussion to Local Law 2 of 2005 Section 301-13:C-1 was held. On motion by Richard Bumpus and seconded by Wesley Muddle the following resolution to recommend to the Town Board to amend Local Law 2 of 2005 Zoning Law Section 301-13:C-1 to allow, with Site Plan Review, subsection 301-1 ( R1 permitted use) and subsection 301-2 (R1 site plan uses), within the C-1 areas.  ALL IN FAVOR CARRIED 5(five)AYES 0(zero) NAYS.


Motion to adjourn made by Richard Dixon and seconded by Richard Bumpus. ALL IN FAVOR CARRIED 5(five) AYES 0(zero) NAYS.


Respectfully Submitted,



Kathy Canary, Clerk