Village of Chittenango, New York
Articles

Zoning Board of Appeals

September 17, 2018

 

Present:  John Ceresoli, Gene Dayton, Brian O’Connor, Jason Tardio, Paul Adams, Counsel Uno, Mr. & Mrs. Richard Hunt, Ms. LaDuke, Mrs. Hilts, Mr. Wickens, Ms. Swaim, Mr. Freunscht, Mr. & Mrs. Rob Smith, resident, Mr. Geer, Mr. Pulver, Mrs. Doss

Absent:  Dan Welker

 

Acting Chairman Ceresoli called the public hearing to order at 7:09 p.m.

Hilts/Wickens – Special Permit – multiple dogs

Richard Hunt from 114 Laura Court asked how many dogs, what’s the limit that the special permit would cover?  The dogs bark all the time, especially when owners aren’t home.  He knows they love their dogs, but can they keep more dogs than allowed for an indefinite period of time?  He stated he can’t enjoy his yard with all the barking.  He knows they have had these dogs for a long time and he’s never complained, but when does this end?  Mrs. Wickens stated that one of her dogs, the chocolate lab had died last week, so there are only five dogs at the residence.  Their standard poodle is still alive and then the remaining 4 dogs are their son and their daughter’s dogs. The children moved out and moved back in with the dogs.  All the dogs are licensed and have their rabies shots.  She stated that her children have had health and employment issues that is why they are staying with them.  She stated the dogs don’t hurt anyone, she recognizes that the dogs do bark.  They are kept in the house when they aren’t home.  Chairman Ceresoli asked if anyone had anything more to say for or against the request.  Mrs. LaDuke, a neighbor stated she agreed with what Mr. Hunt stated and she feels the same way.  With no questions or comments from either the residents or the Board, the public hearing was closed upon the motion made by Gene Dayton, seconded by Brian O’Connor.  All members present voting in favor.

 

Paige Swaim – 107 Robert Street – area variance

Ms. Swaim appeared before the Board to explain the reason for the area variance request for her property.  She recently purchased the home which had an old metal shed that was in bad shape.  She removed the shed and found an 8 x 8 shed to replace it (which was the smallest shed she could locate).  Her plan was to put the new shed right where the old shed was; which is located 3 feet from the side lot line.  A 10 ft setback is required in the Code. She has no other place to place the shed and there is already an area cleared out.  If she moved the shed to the correct setback, it would put it in the middle of her small backyard. The Board asked what was located behind her property.  She stated that the Town of Sullivan Park is immediately behind her property.  Chairman Ceresoli asked if anyone wished to speak for or against the request or if the Board had any questions.  No one spoke.  Upon the motion made by Brian O’Connor, seconded by Gene Dayton, public hearing closed at 7:21 p.m.  All members present voting in favor.

 

Acting Chairman Ceresoli called the regular business meeting to order at 7:22 p.m. 

 

Minutes

The Board members reviewed the minutes of August 20, 2018. Upon the motion made by Brian O’Connor, seconded by Gene Dayton, minutes of August 20, 2018 approved as written.  All members present voting in favor.

 

 

Rob Smith - 264 Genesee Street – Special Permit

Mr. & Mrs. Smith appeared before the Board this evening to discuss their renovation plans for 264 Genesee Street.  They purchased the property at 264 Genesee Street that has two apartments and a commercial space.  They are looking to convert the commercial (office) space to an apartment.  There are currently three separate entrances.  The Planning Board had stated that if they could produce proof that the building was built as a residence, that they could apply for special permit, otherwise, they would have to apply for a variance.  A copy of a document from the Town Assessor showed the structure was a two-family and a note about a shoe repair shop.   The Board discussed the information with the applicant and Counsel.  Upon the motion made by Brian O’Connor, seconded by Paul Adams, a public hearing is scheduled for October 15, 2018 at 7 p.m. for a special use permit for Rob Smith for 264 Genesee Street.  All in

favor.  A short form SEQR form will need to be provided by Mr. Smith.

 

Myron Wickens and Wendy Hilts - Special Permit – multiple dogs

The Board discussed the information presented this evening in regard to the request for special permit for multiple dogs at 112 Laura Court.  The Board noted that there are now five dogs instead of six that was in the original application, as one dog had died recently.  The five dogs are Toby -age 12, Ratchet age 7, Bella age 7, Bear age 6 and Peanut either 4 or 5 years.  It was noted that testimony was given that the dogs do bark quite a bit, especially when the owners aren’t home.  For purposes of SEQR, the Board determined this to be an Unlisted action with negative impact.   Upon the motion made by Brian O’Connor, seconded by Paul Adams, the Board denies the request for special permit for Myron Wickens and Wendy Hilts for multiple dogs at their residence at 112 Laura Court.  Roll call of the Board was taken on the motion:

Paul Adams   yes

Gene Dayton yes

Brian O’Connor yes

Jason Tardio     yes

John Ceresoli     yes

Motion carried to deny the Special Permit for multiple dogs. 

Code Officer to send a letter to applicants in regard to the time frame for removing the dogs from the residence.

 

Paige Swaim 107 Robert Street

The Board members discussed the request of Paige Swaim for an area variance to allow her to place a new 8 x 8 foot shed in her backyard where she removed an old shed.  Side yard setback would be 3 feet and not the 10 feet required in the Code.  For purposes of SEQR, the Board determined this to be a Type II action.  Upon the motion made by Gene Dayton, seconded Jason Tardio, the Board approves the request of Paige Swaim for an area variance allowing her to place a shed at 3 feet from the property line at 107 Robert Street. 

Roll call was taken: 

Paul Adams               yes

Gene Dayton             yes

Brian O’Connor        yes

Jason Tardio             yes

John Ceresoli            yes

Motion carried.

 

A resident appeared before the Board to ask questions in regard to a property she was interested in purchasing on W Genesee Street. 

 

With no further business, meeting adjourned at 7:55 p.m.

 

Respectfully submitted,

 

 

 

Jill A. Doss

ZBA Secretary

 ©2018 Village of Chittenango, New York