The Peru Gazette

Leon Blair, Chair of the Town of Peru Zoning Board of Appeals, called the meeting of Wednesday, January 19th, 2011 at 7:00pm to order.
PLEDGE OF ALLEGIANCE.

ROLL CALL:

LEON BLAIR, CHAIR: PRESENT

JAMES FALVO, VICE CHAIR: PRESENT

ROB BASHAW: EXCUSED

LAWRENCE BOSLEY: EXCUSED

FRANK DENCHICK: PRESENT

TOM FUSCO: PRESENT

DON MCBRAYER : PRESENT

ATTY. THOMAS MURNANE: PRESENT

CEO: PAUL BLAINE: PRESENT

APPROVAL OF DECEMBER MINUTES:

MOTION: Mr. Fusco made a motion to approve the December Minutes. Second by Mr. McBrayer.

ROLL CALL: Mr. Falvo – yes, Mr. Denchick – yes, Mr. Fusco – yes, Mr. McBrayer – yes, Mr. Blair – yes.

MOTION CARRIED.

PUBLIC HEARING:

Mr. Blair addressed the applicants, stating because there is not a full board present, the applicant can request to table their application. No applicant made the request.

1. APPLICATION: RICK CURRY

Area Variance ~ Arnold Rd.

This application was heard last month but was tabled for an amended application omitting any reference to a possible future subdivision. The applicant currently has 50’ of road frontage on this property; Parcel #257.-2-44.7. Mr. Blaine stated the applicant is seeking a 100’ variance to meet the 150’ road frontage requirement to build a single family home on this lot. Mr. Curry was present to answer any questions. Mr. Paul Shannon of 16 Arnold Rd. wanted to know if this was for a subdivision. Mr. Murnane reiterated what Paul stated, he concurred this application is not for the approval of a subdivision but simply a 100’ area variance. He also stated if the applicant does in fact wish to subdivide in the future that would be a matter of the Planning Board to act on, not this Board. Mr. Blaine acknowledged if any further development, which requires approval from the Planning Board or need any variances from the ZBA would be advertised.

There was discussion regarding the set backs. In situations such as this, it was acknowledged by Mr. Falvo that this Board has historically established the set back is to be doubled and measured from the back lot lines of the adjoining properties. Thus, the set back for this home is 70’ from the back lot line of the homes on Arnold and Renadette Roads and not measured from the road.

MOTION: Mr. McBrayer made a motion to approve the 100’ variance with the condition that a 70’ set back from the north and west side of the property be established for one residential structure based on the back lot line of homes on Arnold and Renadette Roads. Second by Mr. Denchick.

ROLL CALL: Mr. Falvo – yes, Mr. Denchick – yes, Mr. Fusco – yes, Mr. McBrayer – yes, Mr. Blair – yes.

MOTION CARRIED.

2. APPLICATION: REBECCA GARROW

Special Permitted Use ~ 2972 Main St.

Mr. Blaine briefly explained the project. Mr. & Mrs. Garrow were present. Mrs. Garrow stated due to the closing of her restaurant, she simply wants something new to do. She stated the shop will be in the front of the building, right where the dining area of the restaurant was located. Parking was mentioned and it was established according to the Ordinance, one parking space for every 250’ sq. ft. of gross leasable area is required. Mr. Blaine noted upon the approval of this application, this applicant will be going before the Planning Board for a Site Plan Review at which time parking will be addressed. Mrs. Garrow stated there is parking in the back of the building as well. It was established parking is most likely going to be a non-issue. The sign was referred to, it was noted this will be addressed by the Planning Board as well. It was acknowledged there would be no selling of fire arms, cars or boats, or vehicles of any kind. She also stated she has no plans on placing items for sale outside on any regular basis, if at all.

MOTION: Mr. Fusco made a motion to approve the application conditional upon the approval of the Site Plan Review. Second by Mr. Denchick.

ROLL CALL: Mr. Falvo – yes, Mr. Denchick – yes, Mr. Fusco – yes, Mr. McBrayer – yes, Mr. Blair – yes.

MOTION CARRIED.

3. APPLICATION: TOWN OF PERU

Area Variance ~ 5 Lyons Rd.

Mr. Blaine stated Mr. Dixon has been gracious enough to offer his school house at the intersection of Rock and Lyons Road to the Town of Peru. However, the lot does not meet zoning regulations, thus there is a need for the approval of the following four area variances:

1.) 82’ road frontage (lot currently has 68’ of road frontage; 150’ is required)

2.) 30,700 sq. ft. area (lot currently is 6,800 sq. ft.; 37,500 sq. ft. is required)

3.) 15’ side yard set back on west side of property (lot currently has 10’; 25’ is required)

4.) 7’ rear yard set back (lot currently has 28’; 35’is required)

Mr. Allen, Town Historian, was in attendance and stated obtaining this one room school house from Mr. Dixon is a tremendous opportunity for the Town from a historical point of view. He stated this structure is in excellent shape. By granting these variances, the result is restoring the lot back to its original size of 6,800 sq. ft. as outlined in the deed submitted by Mr. Dixon. Mr. Dixon was present and shared a little history on the property and how his family obtained it. Pete Glushko was present and stated the Town would very much like to take ownership of this building, take action to get it on the historic building registry, and hopefully get a preservation grant to restore the school house and possibly create a living museum of sorts. This property is located in RL-1 zone. The Use for that building, as well as the Uses for that zone was brought up for clarification purposes.

After some discussion, it was established, this is an existing vacant structure and the Use does not need to be discussed at length at this meeting because the application before the Board tonight is 4 four Area Variances not for a Use Variance. It was also noted as the Town moves forward with the project such matters as future Use and parking will be addressed and acted upon by the appropriate Boards.

MOTION: Mr. McBrayer made a motion to approve the application contingent on being deeded to the Town as a historical site and Planning Board approval. Second by Mr. Denchick.

ROLL CALL: Mr. Falvo – yes, Mr. Denchick – yes, Mr. Fusco – yes, Mr. McBrayer – yes,

Mr. Blair – yes.

MOTION CARRIED.

ANY FURTHER BUSINESS:

Mr. Blaine shared with the Board a Christmas card sent by Babbie Rural & Farm Learning Museum. Mr. Blair addressed the letter he received from the Town Board pertaining to releasing the performance bond to Casella regarding the Cook Rd. project. After some discussion as to whether the conditions this Board put on the project were met to the Board’s satisfaction, it was ultimately established the Town Engineer, Peter Gibbs, would be called upon to do the final inspection. Mr. Blaine said he would make the arrangements to set up an appointment with Mr. Gibbs for the inspection.

CEO REPORT: Mr. Blaine state it was a slow month. However, there are a couple applications on the Agenda for next month.

ADJOURNMENT:

Mr. McBrayer moved for adjournment. Second by Mr. Fusco.

Voice Vote. All so moved.

Date filed with Town Clerk: 1/23/11

Approved: 2/16/11