The Special 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
James Bowes present
Ronald Abold present
John Virginia, Chairman present
Laura McBurney, Vice-Chair present
Also Present: Vera Cavallaro, Secretary
David Pringle, Codes Enforcement Officer
Ted Spencer, Attorney
APPEAL – L.G. ENTERPRISES, PINNACLE HILL DEVELOPMENT
Herman Rd. Tax Map Parcel # 054-03-16 IND Zoning District
Appeal from decision of Code Enforcement Officer – Revoked Building Permit
Mr. Virginia asked the Board to entertain a motion that prior to reading the notification and opening the Public Hearing he would like to propose an executive session for counsel. Mrs. McBurney seconded the motion, there was no further discussion.
Roll Call Vote:
Aye Nay Other
John Virginia v
Robert Cleverly v
Laura McBurney v
Ronald Abold v
James Bowes v
Vote: 5 yes, 0 no, 0 absent; motion carried
Mr. Virginia asked Mr. Spencer and Mr. Pringle to join the Board in Executive Session.
Mr. Virginia asked the Board to entertain a motion close the Executive Session and proceed with the Public Hearing. Mr. Bowes seconded the motion, there was no further discussion.
Mr. Virginia opened the Public Hearing for the Appeal from decision of Code Enforcement Officer, Permit number 7083 which is enclosed storage, a permitted use, for L.G Enterprises.
Mr. Virginia asked the secretary to read the Public Notice.
Ms. Cavallaro read the Public Notice aloud.
Mr. Virginia requested that the fees for the Public Hearing be waived and asked if the Board was in favor of that. All Board members were in agreement that the fees be waived. Motion carried, unanimously.
Mr. Virginia asked Mr. Kempisty if they had anything else to provide the Board and that Mr. Kempisty provided the Board with a letter from Lisa Getty.
Mr. Kempisty said that the Board requested that.
Mr. Virginia stated that yes the Board did request the letter but they did not request the rest of it in there but the Board will ignore that.
Mr. Virginia asked if Mr. Kempisty had anything else to say tonight.
Mr. Kempisty said yes in regards to the executive Session, he believes with all due respect that the Board is supposed to give a reason before going into Executive Session.
Mr. Virginia stated that the Board stated that it was for attorney counsel.
Mr. Kempisty said that it has to be a little more detailed than that.
Mr. Spencer said not on the issue of advice from counsel. The Board is entitled to ask for advice from counsel at any point that it deems appropriate.
Mr. Kempisty said and then when the Board is dealing with an Appeal of a Code Officers Decision to invite the Code Officer into the Executive Session and than after the Board leaves Executive Session they are supposed to give a reason or if the Board has made any decisions.
Mr. Virginia said that the Board is getting to that.
Mr. Kempisty said that he wanted to cover all bases legally and he wanted that on the record.
Mr. Virginia asked if the applicant had anything else to present to the Board in regards to this matter.
Mr. Kempisty said that he believes he has done a sufficient job of showing the Board the situation the way that it is.
Mr. Virginia proposed the following resolution: Z-06-22
1. The Board made a finding that to the extent that the Codes Enforcement Officer revoked the building permit 7083 based upon the applicants failure to pay the required developers fees for the subsequent zoning application. The Zoning Board of Appeals finds that this action expressly authorized under that Town of Van Buren Zoning Code, accordingly the Zoning Board of Appeals finds that the Code Enforcement Officer should rescind his revocation of the building permit number 7083. Mrs. McBurney seconded the resolution, there was no further discussion.
Mr. Spencer said that they should see if there is any Board discussion.
Mr. Virginia asked if there was anymore Board discussion.
Mr. Spencer said that there was considerable discussion at the last meeting; he said that he doesn’t recall that anything has been added to the record since the last meeting; Mr. Kempisty did send a letter to the Town attorney and to the Town Supervisor informing them of the meeting tonight and letting them know that they were welcome to be here if they so choose but other than that he doesn’t believe any additional information.
Mr. Virginia said just the letter of authorization.
Roll Call Vote:
Aye Nay Other
John Virginia v
Robert Cleverly v
Laura McBurney v
Ronald Abold v
James Bowes v
Vote: 5 yes, 0 no, 0 absent; motion carried
Mr. Virginia told the applicant to keep in mind that the building permit is going to be reinstated and that it is subject to inspections which will be coming up. He believes the applicant is going to be putting up the block wall and there will be an inspection at that time as part of the foundation. As long as the applicant abides by that the fees don’t become an issue, which is a separate issue.
Mr. Spencer said that he is not sure but he thinks at the last meeting the Board determined that at least up until this point any inspections that were required on what construction has been done, has been done.
Mr. Virginia said that they have been done.
Mr. Spencer said that it will only be additional work that needs to be inspected through the building permit process.
Mr. Virginia asked if Mr. Pringle had any comments.
Mr. Pringle said no.
Mr. Virginia made a motion to close the Public Hearing at 7:48p.m, seconded by Mrs. McBurney. Motion carried, unanimously.
ADJOURNMENT
Mr. Abold made a motion to close the Special Meeting, seconded by Mr. Virginia; motion carried, unanimously. The meeting adjourned at 7:36 p.m.
Respectfully submitted,
Vera Cavallaro
Zoning Secretary
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