Town of Otsego Zoning Board of Appeals
Minutes - May 16, 2006
REGULAR MEETING
The monthly Town of Otsego Zoning Board of Appeals (ZBA) meeting was held on this date (no meeting was held in April, as there were no agenda items). Chairman Greg Crowell called the meeting to order at 7:32 PM. Roll call was taken by Secretary Bill Deane. Board members present were Crowell, Tony Scalici (Vice-Chairman), Joe Potrikus, and Jim Ferrari. Sam Hoskins was absent.
Scalici moved to approve the minutes of the March 21, 2006 meeting as written. Potrikus seconded the motion and it was approved, 4-0.
There was no correspondence received since the last meeting. The Board moved on to the applications.
APPLICATIONS
06.02 - Connie Hotaling & Chris Chandler - Use variance, construction of tanning salon in RA-2 district - County Route 26 (#114.00-1-74.05)
Connie Hotaling and her husband, Chris Chandler, explained their proposal. They own a five-acre lot on County Route 26, with a building (built c. 1980) once used for lawn mower sales and service. Chandler now uses the building for his construction business. There is no residence on the property, which is in the residential-agricultural (RA-2) district. According to Chandler, the property is treated as commercial by the electric company and on their tax bill. The applicants now want to erect a second building to use as a commercial tanning salon.
Tony Scalici said that the structure predates the Land Use Law, thus is a pre-existing, non-conforming commercial use building. However, the applicants cannot increase the degree of non-conformity by erecting a second commercial-use building (Land Use Law, Section 1.05). They could apply for a special permitted use (service trade establishment) through the Planning Board. Or, if the applicants lived on the property, the salon could be added as a home occupation.
Scalici and Chairman Crowell explained the requirements for a use variance, which they said were very difficult to obtain, and the applicants were given a copy of the criteria from the Land Use Law, Section 9.03 (3). The applicants would need to document economic hardship, proving that the property would be worthless if the variance were not granted.
The possibility of using the existing building for a tanning salon was discussed. The Board encouraged the applicants to speak with Zoning Enforcement Officer Mike Miller about this possibility. It was noted that, if no business was operational on the site for more than two years, the pre-existing, non-conforming commercial use exemption may be forfeited (Land Use Law, Section 1.05).
The applicants agreed to withdraw their use variance application for now. Bill Deane asked them to give the Board two weeks' notice if they wished to resume the application process.
06.03 - Eileen & Jim Burda (Hans deWaal) - Area variance, construction within 100 feet of Canadarago Lake - 165 Marble Road (#52.08-1-32.00)
Eileen & Jim Burda want to expand an existing building located within 100 feet of Canadarago Lake. The expansion would add about 100 square feet to the existing footprint, and make the building 1½ stories taller, but still within the 40-foot height limit specified in the Land Use Law.
Engineer Hans deWaal submitted a letter from the Burdas, authorizing him to represent them in the application process. deWaal also submitted photographs of the property and neighboring properties, an aerial photo of the property, architectural drawings, a contour line drawing, a tax map, and form letters in support of the renovation, signed by seven neighbors. The Board examined the documents.
Joe Potrikus moved to deem the application complete and schedule a public hearing for June 20. Jim Ferrari seconded the motion and it was approved, 4-0.
With no other business before the Board, at 8:32 Tony Scalici moved to adjourn the meeting.
Respectfully submitted,
Bill Deane, Secretary