**TOWN OF GRAND ISLAND**
ZONING BOARD OF APPEALS
DRAFT
MINUTES
September
3, 2009
MEMBERS
PRESENT:
Marion Fabiano, Betty Harris, Dario Violanti, Peter McKee, Chairman, Bob
Mesmer
MEMBERS ABSENT:
Alternate member, Tim Phillips
OTHERS PRESENT:
None
SUSPEND
THE RULES
A motion
was made by Violanti/Fabiano to suspend the rules in order to attend to
personnel issues with the Town Supervisor, Peter McMahon.
Roll
Call:
Ayes: Fabiano, Mesmer,
Violanti, Harris, and McKee
Noes:
None
Carried
Chairman,
Peter McKee opened the meeting at
7:11 p.m. He introduced the members of the Zoning Board of Appeals and explained
the process. Copies of the Legal
Notice of Appeal to be heard at this meeting published in the Island Dispatch on
August 21, 2009 were available to
those present.
NEW
BUSINESS:
1) 1879 Whitehaven
– Dana Carver – Property is zoned TCMS. Proposed
is the operation of a ‘Doggie Day Care’ and an upscale doggie boutique which
would offer holistic dog foods and other high end products.
The question at hand is whether or not this type of business would be
considered to be a kennel. Kennels are only permitted in a B1 zoned area.
Board
member Mesmer questioned the noise from barking dogs and how the Appellant would
handle that. Ms. Carver indicated
that all potential ‘day care’ participants will be put through an interview
and screening process in which unruly dogs would be weeded out.
If a situation arose where a current client were to suddenly become a
continual barker, Ms. Carver would ask the client to leave the day care.
Chairman
McKee stated that the Board first needs to define or give their interpretation
of a ‘kennel’.
Page 2
9/3/09
A motion was made by Violanti/Harris to give their INTERPRETATION
of a “kennel” as being a place
where animals are kept overnight, and that this business is not a kennel.
Roll
Call:
Ayes:
Violanti, Harris, McKee, and Mesmer
Noes:
Fabiano
Carried
A motion was made by Violanti/Mesmer to ALLOW a doggie day care and upscale dog boutique at 1879
Whitehaven Road.
Roll
Call:
Ayes:
Violanti, Harris, McKee, and Mesmer
Noes:
Fabiano
Carried
Rationale: This
action is taken because:
1. there
is a need for this type of service on Grand Island.
2.
this is no different than
the grooming business.
3. noise
will not be an issue due to the experience of the Appellant in dealing with
business involving the keeping of dogs. We
also have a noise ordinance the Appellant must adhere to.
2)
1430 East River Road – Carmen and Maria Laurendi
– Property is zoned R1D. The
Appellants are proposing to construct a 13’ 5” x 26’ deck at the side and
rear of the home. The deck will wrap around the side and back of the home.
The Appellant’s neighbor’s house only has two (2) windows on the side
where the deck will go. The existing fence is the property of the Appellants.
Board questioned if they
would be willing to minimize the variance requested by making the deck smaller.
The Appellant agreed to reduce the size of the deck from 13’ 5” to
12’.
A motion was made by Violanti/Fabiano to GRANT a 6’ 5” side yard setback variance, to construct a 12’ x
26’ deck at the side of the home which will wrap around to the back of the
home at 1430 East River Road.
Roll
Call:
Ayes:
Fabiano, Violanti, Harris, McKee, and Mesmer
Noes:
None
Carried
Page
3
9/3/09
Rationale: This
action is taken because:
1.
the deck will be inside the existing fence.
2.
does not create a detriment to nearby properties.
3.
of the difficulty in having two front yard setbacks.
4.
the line of site problem has been diminished.
3)
3348 Warner Drive – Michael Novack
– Property is zoned R1E. Proposed is the replacing of the 6’ fence which runs along
South Park Drive. The Appellant appeared and stated that the current fence is
approximately twelve (12) years old and it is dilapidated, he would like to
replace it with a 6’ vinyl fence.
A motion was made by Fabiano/Mesmer to GRANT a variance for the replacement of the existing fence within
the same foot print at 3348 Warner Drive.
Roll
Call:
Ayes:
Fabiano, Violanti, Harris, McKee, and Mesmer
Noes:
None
Carried
Rationale: This action is taken
because
1.
the Appellant is just replacing an existing fence.
2.
there are no line of site issues.
3.
the existing fence has been in place for twelve plus years, without any
problems..
4.
you must have a fence around an in ground pool.
OLD
BUSINESS:
1)
West River Road – Nixon Peabody LLP
– Proposed telecommunication tower on Russell & Patricia Colosi’s
property on West River Road. Zoning
Code 49-196C states that the setback for a telecommunication tower is 500’
from a residential dwelling. The
proposed tower will be approximately 442’ from the Colosi residence; therefore
a 58’ setback variance is requested. Remains
tabled pending receipt of the SEQR report from the Town Board.
2) 2770 Long Road –
Verizon Wireless – Property is zoned M1. Proposed is a telecommunication facility.
Per Zoning Code Section 49-196C, there should be a 500’ setback for the
fall down area. Tem remains tabled pending receipt of the SEQR report from
the Town Board.
Page 4
9/3/09
3)
2255 Grand Island Boulevard – Michael Jordan of Redtek Development -
Property is zoned R3, B1, and R1D. Proposed
is the construction of a Senior Housing Complex with building walls greater than
160’ in length. Per Schedule 1 of
the Zoning Code, the maximum allowable building length is 160’.
The item was tabled indefinitely at the owner’s request.
CORRESPONDENCE:
Updated
Advisory Board List, received and filed.
OTHER
MINUTES RECEIVED AND FILED:
Board
of Architectural Review Minutes, June 16, 2009
Planning
Board Agenda, July 13, 2009
Planning
Board Minutes, June 8, 2009
Town
Board Agenda, July 6, 2009, July 20, 2009
Town
Board Minutes, June 15, 2009, July 6, 2009
Adjournment: 7:50 p.m. on September 3, 2009