September 19, 2005
The Regular Meeting of the Zoning Board of Appeals of the Town of Van Buren, held at the Town Building, 7575 Van Buren Rd., was called to order at 7:30 p.m.
All present joined in the Pledge of Allegiance to the Flag.
Roll Call: Robert Cleverley present
Laura McBurney present
James Bowes absent
Ronald Abold present
John Virginia, Chairman present
Also Present: Donna Aulds, Secretary
David Pringle, Codes Officer
Ted Spencer, Attorney
MINUTES
Motion Mr. Abold made a motion to accept the minutes, as typed and distributed, Mrs. McBurney seconded the motion, there was no further discussion; motion carried unanimously.
CONTINUED PUBLIC HEARING – HEADRUSH, INC.
3417 Walters Rd., Tax Parcel ID #055-04-02.0
Special Use Permit #200-33(C)(16) Outdoor/Indoor Recreation to allow for Outdoor motocross. Ind-A Zoning Distr.
The public hearing continued at 7:32 p.m.
No one was present to address the Board.
Application tabled to October 17, 2005.
CONTINUED APPEAL from Codes Officer Decision – DAVID WATTAM
6629 Bennetts Corners Rd., Tax Parcel ID #047.-02-15.0
Use Variance #200-25 and Appeal #200-57(C) Discontinuance. RH Zoning Distr.
Mr. Charles Farrell, Attorney representing Mr. David Wattam, Mr. David Wattam, owner, and Mr. Mulvaney, previous owner of proposed property, were present to address the Board.
Mr. Farrell presented zoning maps from 1968 for the Board showing the proposed property in a possible Local Business district, but the map was unclear.
Mr. Farrell said the applicant, Mr. Wattam purchased the property thinking he was allowed to use it for a self-storage business.
Mr. Farrell said the prior owner said he used the property as a “distribution center” and for storage of cars from paying customers.
Mr. Pringle said that the property use was never approved and that the previous use remained dormant for over three months, which any “non-conforming” use would then discontinue.
Mr. Mulvaney, previous owner, spoke stating he operated a distribution house for boxes and stored cars for clients and received a letter of violation for storing cars outside and signage from the Codes Officer. Mr. Mulvaney said he was storing vehicles at the time of sale.
Mr. Farrell said there is only one current violation that exists on the property for operating a business.
Mr. Cleverley said the best use for the existing buildings on the property would be for storage since it will never be a farm again.
Mr. Farrell said that if the Board determines a non-conforming use exists, it would be less problematic that determining a use variance. Mr. Farrell said that he believes he has an argument for a use variance.
Mr. Virginia said that the 1968 map probably is indicating a Local Business for the proposed property.
Mr. Mulvaney said that he always ran a distribution center.
Mr. Virginia asked Mr. Farrell to research how long the applicant was assessed as a distribution center.
Mr. Bowes said that the storage business Mr. Mulvaney did was always an illegal use and because we happened to have a diligent Codes Officer, we have this application in front of us.
Mr. Bowes asked the applicant if he thought of petitioning the Town Board to include “enclosed storage” in the Rural Hamlet District.
Mr. Farrell said he didn’t believe the Town would like to see “enclosed storage” everywhere in the Rural Hamlet District.
Mr. Farrell asked the Board to schedule a public hearing for application for a use variance.
The Board scheduled a public hearing for use variance by Mr. Wattam for October 17, at 7:35 p.m.
CONTINUED PUBLIC HEARING – IRENE SHECKLER
7621 Maple Rd., Tax Parcel ID #030.-04-49.0
Special Use Permit #200-15(C)(9) Home Occupation. R-40 Zoning Distr.
The public hearing continued at 8:07 p.m.
Mr. Lucien Ali, Attorney, representing Irene Sheckler, and Ms. Sheckler, owner, were present to address the Board.
Mr. Ali informed that Board that his client was looking to obtain a special use permit for home occupation.
Mr. Ali said the client leases space with Cottage Designs in the Village of Baldwinsville and uses her home to interview clients and visits their home to help them decorate their homes.
Mr. Ali said that incidental sales is in connection with the planning and decorating business for home occupation. Mr. Ali said Ms. Debra Case was granted a Special Use on September 16, 1996, and is similar application to Ms. Sheckler’s application. Mr. Ali said paragraph number five and six of Debra Case’s Special Use address sales. Mr. Ali said his client is asking for the same thing as the previous applicant Ms. Case.
Mr. Ali defined incidental sale as when Ms. Sheckler advises her customers in their homes and the customer chooses from a list of fabrics or books of what to purchase.
Mr. Spencer said the Board has to determine if the description fits home occupation or the application is just a front for a retail business.
Mr. Pringle said that the applicant is here as a result of an anonymous complaint and she had a large “Open” sign on her property. The anonymous caller said the applicant was conducting business.
Mr. Pringle said home occupation allows for only use of 25% of the home.
Mr. Ali said Ms. Case application was done in an out building.
Mr. Abold said if the client has a place in the Village why doesn’t she just use that space.
Mr. Ali said she has some items in storage and that she allows some of her customers to look at those items, i.e. antique furniture, and consults with customers by appointment at her home.
Ms. Sheckler said that she has had a barn sale in previous years, but none this year. Ms. Sheckler said she did have an “Open – Decorating Studio” on her property only to let her clients know where she was and wouldn’t drive by the house.
Mr. Virginia said that type of sign is not allowed with a home occupation.
Ms. Sheckler said she understood and would only use an allowable sign.
Ms. Sheckler said most of her neighbors don’t know she operates a business and that she is very quiet.
Mr. Virginia said that the Board would review the application again and asked to look at her property.
Ms. Sheckler said it was all right for each of the members to visit her home.
Mr. Virginia tabled the application to October 17, 2005.
CONTINUED PUBLIC HEARING – ROBERT PUTZER
Peck Rd. Ext., Tax Parcel ID #058-01-44.0/18.0
Special Use Permit #200-15(C)(10) Enclosed storage. R-40 Zoning Distr.
Mr. Abold recused himself from discussion.
The public hearing opened at 8:36 p.m. The secretary read the public notice aloud.
Mr. Robert Putzer was present to address the Board.
Mr. Virginia said he was confused with the application.
Mr. Putzer said that he was looking to combine two of the proposed parcels for the use of an enclosed storage building for cold storage (vehicles). Mr. Putzer said the property is adjoined to property to the east, which is owned by him, and that he would use the property for access, which is on Jones Rd.
Mr. Putzer was unsure of what size buildings he would be using.
Mr. Virginia said that the application was sent to County Planning for recommendation.
Mr. Virginia tabled the application to October 17, 2005.
PUBLIC HEARING – LIBBY INVESTMENTS, LLC
2265 Downer St. Rd., Tax Parcel ID #034.-04-06.1
Variance from Section #200-92E(14) obsolete signage. GB Zoning Dist.
The public hearing opened at 8:40 p.m. Mr. Virginia made a motion that the reading of the noticed be waived, seconded by Mr. Abold, there was no further discussion; motion carried unanimously.
Ms. Wendy Marsh, Holly Austin, Attorney’s of Hancock & Estabrook, representing Libby Investments, LLC, and Mr. Ron Libbey, owner, were present to address the Board.
Ms. Marsh said that the applicant is looking for a variance to replace the Ames Sign with the new tenant “Bargain Outlet”.
Mr. Virginia closed the public hearing at 8:57 p.m.
Motion #Z-05-26 Mr. Virginia made a motion to grant an area variance request for Libby Investments, LLC, at property located at 2265 Downer St. Rd., Tax Parcel ID #034.-04-06.1, for the Type II action (under SEQR), to erect a 52” x 240” sign for tenant at mall “Bargain Outlet” (this will replace the existing “Ames” sign, which was issued a special use permit March 9, 1976 by the Zoning Board). This approval is conditioned upon the Town of Van Buren Planning Board approval. There is no adverse environmental effect as a result of granting the variance.
Roll Call Vote:
Mr. Cleverley yes
Mrs. McBurney yes
Mr. Bowes yes
Mr. Abold yes
Mr. Virginia, Chairman yes
Vote: 5 yes, 0 no; motion carried, unanimously.
PUBLIC HEARING – TIMOTHY LUMB
7605 Van Buren Rd., Tax Parcel ID #030.-01-18.1
Variance from Section #200-16A(2)(b) side yard setback. R-40 Zoning Distr.
Applicant is amending previously granted variance Z-04-28 from 5’ to 0’.
The public hearing opened at 9:00 p.m. Mr. Virginia made a motion to waive the reading of the public hearing, Mr. Abold seconded the motion, there was no further discussion; motion carried, unanimously.
Mr. Timothy Lumb of 7605 Van Buren Rd. was present to address the Board. Mr. Lumb said he installed a deck with a five-foot allowable setback from a previously granted variance by the Zoning Board. Mr. Lumb said he was requesting an amendment to allow for a “0” setback, since the deck was installed onto the neighbor’s property line by accident and he needed to cut the deck so it wouldn’t be on the neighbors property.
Mr. Seward of 2671 Ellsworth Rd. said he didn’t care what his neighbor did on his property, but asked that his neighbor not be on his property with their structures.
Mr. Bowes said that the Board should at least make the applicant setback 6” from the property and that it wouldn’t be a good idea for “0 setback”.
Mr. Virginia closed the public hearing at 9:04 p.m.
Motion #Z-05-27 Mr. Virginia made a motion to amend the previously granted variance #Z-04-28 dated July 19, 2004 for Timothy Lumb of 7605 Van Buren Rd., Tax Parcel ID #030.-01-18.1, from 5’ to 6”, the Board determines Type II (under SEQR), and no adverse environmental impact as a result of this action. There was no further discussion, Mr. Abold seconded the motion.
Roll Call Vote:
Mr. Cleverley yes
Mrs. McBurney yes
Mr. Bowes yes
Mr. Abold yes
Mr. Virginia, Chairman yes
Vote: 5 yes, 0 no; motion carried, unanimously.
PUBLIC HEARING – ANDREW D. ALLEN
36 Fishermans Creek, Tax Parcel ID #036.-02-35.0
Variance from Section #200-20A(3)(a) front yard setback. R-15 Zoning Distr.
The public hearing opened at 9:05 p.m. Mr. Virginia made a motion to waive the reading of the public hearing, Mr. Abold seconded the motion, there was no further discussion; motion carried, unanimously.
Mr. Andrew Allen of 36 Fishermans Creek was present to address the Board.
Mr. Allen said he was requesting a variance for front yard and that he was on a corner street and wanted to place an inground pool with fence on the property.
The public hearing closed at 9:09 p.m.
Mr. Virginia proposed the following resolution #Z-05-28:
Andrew D. Allen of 36 Fisherman’s Creek seeks an area variance from Section 200_16(A)(3)(a) of the Town of Van Buren Code related to the proposed location of a swimming pool. The property is located in an R-15 District and is identified as Tax Map parcel 036-02-35.
Mr. Allen spoke in favor of the application and described his plan to construct a pool. The proposed pool will be located a minimum of approximately 10 feet from the road’s right of way line. The front yard setback variance is required because the pool will be located closer than 35’ from the property line. Mr. Allen explained in detail to the Board the physical limitations of his property based on topography and existing improvements, which include his house, and drainage easements.
There was no objection to the proposal at ZBA’s public hearing, which was held on September 19, 2005 pursuant to public notice.
In support of the application, applicant submitted an Application for Variance, Agricultural Data Statement, Notice to Surrounding Property Owners, location sketch and survey showing the location of the house on the property.
Based on the foregoing, the Board resolves as follows:
1. This matter is Type II under SEQR as it involves an individual setback variance related to a single-family residential use.
2. It is determined the requested variance will not produce any undesirable change in the character of the neighborhood and will not be a detriment to nearby properties. The proposed variance will not have an adverse effect or impact on the physical environmental conditions in the neighborhood or district because the pool will be located away from the paved road and neighboring improvements. Neighbors express no objection to the variance. Given the unusual shape of the lot and the principal structure location, there is no other apparent method to achieve the benefit applicant wishes to obtain other than a variance and the benefit to applicant outweighs any detriment to the neighborhood or community as a result of granting the variance.
3. A variance is granted to allow the construction of a pool with a minimum setback of 10 feet from the front yard property line along Waterfront Drive. Any additional structures or modifications to existing improvements shall require additional review and approvals.
Mr. Abold seconded the resolution; there was no further discussion.
Roll Call Vote:
Mr. Cleverley yes
Mrs. McBurney yes
Mr. Bowes yes
Mr. Abold yes
Mr. Virginia, Chairman yes
Vote: 5 yes, 0 no; motion carried, unanimously
PUBLIC HEARING – TIM DAVIS
6459 Bennetts Corners Rd., Tax Parcel ID #048.-01-08.0
Variance from Section #200-26B(2) side yard setback. RH Zoning Distr.
The public hearing opened at 9:13 p.m. Mr. Virginia made a motion to waive the reading of the public hearing, Mr. Abold seconded the motion, there was no further discussion; motion carried, unanimously.
Mr. Tim Davis of 6459 Bennetts Corners Rd. was present to address the Board.
Mr. Davis said that he has a very narrow lot and cannot meet setback requirements for his aboveground pool and that he has a leech field in the center of his lot.
The public hearing closed at 9:15.
Mr. Virginia proposed the following resolution #Z-05-29:
Tim Davis of 6459 Bennetts Corner Road seeks an area variance from Sections 200-26(B)(2) of the Town of Van Buren Code related to the side yard setback requirements for a newly constructed pool. The property is located in an RH District and is identified as Tax Map parcel 048-01-08. Applicant has a new pool located on the parcel. The Zoning Code requires a minimum of 15 feet for each side yard setback in an RH District. Mr. Davis’s pool provides for an 8 feet setback on the north side of his house.
Mr. Davis spoke in favor of the application. He described the plan and the circumstances under which the pool was constructed.
In support of the applicant, applicant submitted an Application for Variance, Agricultural Data Statement, Notice to Surrounding Property Owners and a survey map showing the location of the house and pool.
Based on the foregoing, the Board resolves as follows:
1. This matter is Type II under SEQR as it involves an individual setback variance related to a single-family residential use.
2. It is determined the requested variance will not produce any undesirable change in the character of the neighborhood and will not be a detriment to nearby properties. The pool will be located 8 feet from the north side property line. Due to the lot’s topography and other physical limitations, there was no feasible method to pursue other than the area variance so that the improvements are located consistent with the site. The proposed variance will not have an adverse effect or impact on the physical environmental conditions in the neighborhood or district. Neighbors express no objection to the variance. The benefit to applicant outweighs any detriment to the neighborhood or community as a result of granting the variance.
3. A variance is granted to allow for the location of a pool with a north side yard setback of 8 feet.
Mr. Cleverley seconded the resolution; there was no further discussion.
Roll Call Vote:
Mr. Cleverley yes
Mrs. McBurney yes
Mr. Bowes yes
Mr. Abold yes
Mr. Virginia, Chairman yes
Vote: 5 yes, 0 no; motion carried, unanimously
PUBLIC HEARING – DARLENE CARROLL
102 Hosmer Dr., Tax Parcel ID #061.-06-20.0
Variance from Section #200-22A(2)(a) front yard setback. R-10 Zoning Distr.
The public hearing opened at 9:25 p.m. Mr. Virginia made a motion to waive the reading of the public hearing, Mr. Abold seconded the motion, there was no further discussion; motion carried, unanimously.
Mr. Jamie Bourque of 102 Hosmer Dr., husband, was present to address the Board.
Mr. Borque requested a front yard variance for an addition.
The public hearing closed at 9:30p.m.
Mr. Virginia proposed the following resolution #Z-05-30:
Darlene Carroll of 102 Hosmer Drive seeks an area variance from Section 200 22(A)(2)(a) of the Town of Van Buren Code related to the proposed location of additions to her house. The property is located in an R-10 District and is identified as Tax Map parcel 061-06-20-0.
Jamie Bourque (applicant’s husband) spoke in favor of the application and described the plan to construct additions to the front the existing structure. The front yard setback variance is required because the proposed addition is located closer than the 30 feet minimum required by the Code. Mr. Bourque explained in detail to the Board the physical limitations of the property based on topography and existing improvements.
There was no objection to the proposal at ZBA’s public hearing, which was held on September 19, 2005 pursuant to public notice.
In support of the application, applicant submitted an Application for Variance, Agricultural Data Statement, Notice to Surrounding Property Owners, location sketch and survey showing the location of the structure on the property.
Based on the foregoing, the Board resolves as follows:
1. This matter is Type II under SEQR as it involves an individual setback variance related to a single-family residential use.
2. It is determined the requested variance will not produce any undesirable change in the character of the neighborhood and will not be a detriment to nearby properties. The proposed variance will not have an adverse effect or impact on the physical environmental conditions in the neighborhood or district. Neighbors express no objection to the variance. Given the shape of the lot and the principal structure location, there is no other apparent method to achieve the benefit applicant wishes to obtain other than a variance and the benefit to applicant outweighs any detriment to the neighborhood or community as a result of granting the variance.
3. A variance is granted contingent upon issuance of building permit for above structure within one year from date below, to allow the construction of an addition, located approximately 9 feet from the front line of the property. Any additional structures or modifications to existing structures shall require additional review and approvals.
Mrs. McBurney seconded the resolution; there was no further discussion.
Roll Call Vote:
Mr. Cleverley yes
Mrs. McBurney yes
Mr. Bowes yes
Mr. Abold yes
Mr. Virginia, Chairman yes
Vote: 5 yes, 0 no; motion carried, unanimously.
PUBLIC HEARING – JEFFREY HANLON
6573 Herman Rd., Tax Parcel ID #054.-03-14.0
Special Use Permit Section #200-67 fill permit. Ind-B Zoning distr.
The public hearing opened at 9:35 p.m. Mr. Virginia made a motion to waive the reading of the public hearing, Mr. Abold seconded the motion, there was no further discussion; motion carried, unanimously.
Mr. Jeffrey Hanlon of 6573 Herman Rd. was present to address the Board.
Mr. Hanlon said he wanted to fill in his property and that he was not sure what he planned to do with the property.
The Board told the applicant that a topographic map needs to be submitted showing before and after filling grade with wetlands delineated.
Mr. Virginia told the applicant that he would need to visit the Planning Board before he returned to the Zoning Board for their approval.
Mr. Virginia told the applicant to be prepared to inform the Planning Board of his intentions and reasons for filling and regarding the property and that it looks as if he may be disturbing wetlands.
Mr. Cleverley asked the applicant to make notes of what was asked by the Chairman and Board and note the dates; the Planning Board meets on October 3rd.
The application was tabled to October 17, 2005, meeting.
PUBLIC HEARING – MARGUERITE GENO
126 Christoper Dr., Tax Parcel ID #031.2-05-14.0
Variance from Section #200-22A(2)(c) side yard setback. R-10 Zoning Distr.
The public hearing opened at 9:55 p.m. Mr. Virginia made a motion to waive the reading of the public hearing, Mr. Abold seconded the motion, there was no further discussion; motion carried, unanimously.
Mrs. Marge Geno of 126 Christopher was present to address the Board.
Mrs. Geno said she would like to add on living room to her existing home and needed a side yard variance of 4 ½ feet.
The public hearing closed at 10:00 p.m.
Mrs. McBurney proposed the following resolution #Z-05-31:
Marguerite Geno of 126 Christopher Drive seeks an area variance from Sections 200-22(A)(2)(c) of the Town of Van Buren Code related to the side yard setback requirements for an addition to her house. The property is located in an R-10 District and is identified as Tax Map parcel 031.2-5-14.0. Applicant has a house located on the parcel. The Zoning Code requires a minimum of 10 feet for side yard setback in an R-10 District. Ms. Geno’s structure provides for a 4.5 feet setback on the north side of his house.
Ms. Geno spoke in favor of the application. She described the plan and the circumstances under which the addition is to be constructed.
In support of the applicant, applicant submitted an Application for Variance, Agricultural Data Statement, Notice to Surrounding Property Owners and a survey map prepared by Jack Cottrell, dated June 1991, showing the location of the house.
Based on the foregoing, the Board resolves as follows:
1. This matter is Type II under SEQR as it involves an individual setback variance related to a single-family residential use.
2. It is determined the requested variance will not produce any undesirable change in the character of the neighborhood and will not be a detriment to nearby properties. The proposed house will be located approximately 4.5 feet from the north side property line. Due to the lot’s topography and other physical limitations, there was no feasible method to pursue other than the area variance so that the improvements are located consistent with the site. The proposed variance will not have an adverse effect or impact on the physical environmental conditions in the neighborhood or district. Neighbors express no objection to the variance. The benefit to applicant outweighs any detriment to the neighborhood or community as a result of granting
the variance.
3. A variance is granted to allow for the location of an addition to house with a north side yard setback of 4.5 feet.
Mr. Virginia seconded the resolution; there was no further discussion.
Roll Call Vote:
Mr. Cleverley yes
Mrs. McBurney yes
Mr. Bowes yes
Mr. Abold yes
Mr. Virginia, Chairman yes
Vote: 5 yes, 0 no; motion carried, unanimously.
PUBLIC HEARING – ROBERT DRAPER
7674 Maple Rd., Tax Parcel ID #030.-03-046
Variance from Section #200-18A(3)(b) side yard setback. R-20 Zoning Distr.
The public hearing opened at 10:03 p.m. Mr. Virginia made a motion to waive the reading of the public hearing, Mr. Abold seconded the motion, there was no further discussion; motion carried, unanimously.
Mr. Robert Draper of 7674 Maple Rd. was present to address the Board.
Mr. Draper said he wanted to demolish an old existing garage and erect a new one in the same location, but that it is within the side yard setback.
The public hearing closed at 10:05 p.m.
Mrs. McBurney proposed the following resolution #Z-05-32:
Robert Draper of 7674 Maple Road seeks an area variance from Sections 200-18(A)(3)(b) of the Town of Van Buren Code related to the side yard setback requirements for a new garage. The property is located in an R-20 District and is identified as Tax Map parcel 030-03-16. Applicant has a house and existing garage located on the parcel. The Zoning Code requires a minimum of 15 feet for each side yard setback in an R-20 District. Mr. Draper’s structure provides for a 1-foot setback on the west side of the proposed garage.
Mr. Draper spoke in favor of the application. He described the plan and the circumstances under which the garage is to be constructed.
In support of the applicant, applicant submitted an Application for Variance, Agricultural Data Statement, Notice to Surrounding Property Owners and a survey map prepared by Douglas Lehr, dated August 1987 showing the location of the house.
Based on the foregoing, the Board resolves as follows:
1. This matter is Type II under SEQR as it involves an individual setback variance related to a single-family residential use.
2. It is determined the requested variance will not produce any undesirable change in the character of the neighborhood and will not be a detriment to nearby properties. The proposed garage will be located 1 foot from the west side property line. Due to the lot’s topography and other physical limitations, there was no feasible method to pursue other than the area variance so that the improvements are located consistent with the site. The proposed variance will not have an adverse effect or impact on the physical environmental conditions in the neighborhood or district. Neighbors express no objection to the variance. The benefit to applicant outweighs any detriment to the neighborhood or community as a result of granting the variance.
3. A variance is granted to allow for the location of a garage with a west side yard setback of 1 foot.
Mr. Virginia seconded the motion; there was no further discussion.
Roll Call Vote:
Mr. Cleverley yes
Mrs. McBurney yes
Mr. Bowes yes
Mr. Abold yes
Mr. Virginia, Chairman yes
Vote: 5 yes, 0 no; motion carried, unanimously.
PUBLIC HEARING – AMY MCCULLAR
705 Fairway Circle, Tax Parcel ID #031.5-02-13.0
Variance from Section #200-44 dimensional controls, fence. PUD Zoning Distr.
The public hearing opened at 10:15 p.m. Mr. Virginia made a motion to waive the reading of the public hearing, Mr. Abold seconded the motion, there was no further discussion; motion carried, unanimously.
Mr. Jeffrey McCullar of 705 Fairway Circle was present to address the Board.
Mr. Virginia was confused by the map and told the applicant to visit the Town Board for variance to put a fence in the easement.
Mr. McCullar said he only wanted a side yard variance for fence height and that he lived on a corner street.
Mr. Virginia said he didn’t know what dimension was being applied for.
Mr. McCullar asked if he could receive a minimum 10’ dimension, in case the Town Board doesn’t let him put a fence in the easement.
Mr. Virginia said he wouldn’t do it tonight and the applicant had to show 18’ on the map.
Mr. Pringle said the applicant needs a variance for fence height not setback.
Mr. McCullar said he would ask for 6’ in height.
Mr. Virginia tabled the application so applicant can record a 6’ high fence on his application and excused the applicant.
AMENDMENT TO SPECIAL USE #200-67 FILL – RON GILBERT
2370 Warners Rd., Tax Parcel ID #054.-04-09.2/8.1. AR-80 Zoning.
Mr. Ron Gilbert of 2370 Warners Rd. asked for an extension of one year on his fill permit.
Mr. Virginia said that he has the grade toward the road and that the grading should go the other way toward the property.
Motion #Z-05-33 Mr. Virginia proposed the following motion to grant Ron Gilbert an extension for his existing fill permit for one year from today’s date with the condition that he put in a swale along the area that is being filled and Warners Road by October 31, 2005, to protect the road from runoff, if condition is not met then fill permit becomes null and void.
Mr. Cleverley told the applicant to be aware of the field in the back of applicant’s property.
ADJOURNMENT
Mr. Virginia made a motion to adjourn the meeting to October 17, 2005, Mr. Abold seconded the motion; motion carried. The meeting adjourned at 10:27 p.m.
Respectfully submitted,
Donna Aulds
Zoning Secretary
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