ZONING BOARD OF APPEALS
OCTOBER 22, 2008
PRESENT: Chairman Richard Dixon, James Cownie, Richard Bumpus, Jerry Moore, and Myrna Hallenbeck
ALSO PRESENT: CEO Michael Stewart, Zoning Board of Appeals Clerk, Cheryl Gifford
Chairman Dixon opened the meeting at 7:00PM
MOTION: Upon motion made by Mr. Bumpus and 2nd by Mr. Cownie the October 8, 2008 meeting minutes were approved as written by the clerk. All in favor (5) Dixon, Cownie, Hallenbeck, Bumpus, and Moore.
PUBLIC HEARING #1
Richard and Theresa DaCorsi
Location 244 Gray Rd., Mayfield
MOTION: Upon motion made by Myrna Hallenbeck and 2nd by Mr. Bumpus, the regular meeting was closed and the Public hearing for Richard DaCorsi was opened at 7:10PM. All in favor (5) Dixon, Cownie, Hallenbeck, Bumpus, and Moore
Chairman Dixon began the Public Hearing explaining to Mr. DaCorsi What a Use Variance is, and how the Zoning Board of Appeals reviews it. This application was classified as a Use verses Area by the Town Attorney and the Department of State, and per the Zoning Law 301-5A-1, age of a type II dwelling is what is in review. The Law states that a manufactured home cannot be more than 15 years old, and the manufactured home in question is a 1978. Each Board Member gave their interpretation of the Law and how it applies to this application. The Board as a Whole felt it was very difficult to answer the Finding and Decision questions as it applies to this particular application, and expressed and future applications like this would have to be handled on a case by case basis.
The Chairman read the four questions from the Use Variance & Findings Decision form with the Board. The Board determined that the applicant can not afford to put a 15 year old or newer manufactured home on the property, and has proven unnecessary hardship.
MOTION: Upon motion made by Mr. Bumpus and 2nd by Myrna Hallenbeck the Public Hearing was closed at 8:15PM and the following motion made. All in favor (5) Dixon, Cownie, Hallenbeck, Bumpus, and Moore.
MOTION: Upon motion made by Mr. Bumpus and 2nd by Jerry Moore the Use Variance to put a 1978 manufactured home on Mr. DaCorsi's property was approved with the following conditions:
•1. Applicant must provide the Board with his 2007 income tax statement.
•2. The manufactured home cannot be put on the property for resale.
•3. Receipt for property tax 2007.
•4. Applicant and/or family members can only occupy dwelling.
•5. Applicant must Provide comparable valuations from bank or retail manufacturer on 15-year-old manufactured homes.
•6. paint the trailer (applicants choice)
•7. Complete compliance to code.
All in favor (5) Dixon, Cownie, Bumpus, Hallenbeck, and Moore.
MOTION: Upon motion made by Jerry Moore and 2nd by Mr. Bumpus the meeting was closed at 8:30 PM. All in favor (5) Dixon, Cownie, Bumpus, Hallenbeck,and Moore.
Notes respectfully taken by the clerk
Bumpus, and Moore.
Notes respectfully taken by the Clerk Cheryl Gifford