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TOWN OF MARCY

COUNTY OF ONEIDA

STATE OF NEW YORK

ZONING BOARD OF APPEALS

SEPTEMBER 6, 2005

The Town of Marcy Zoning Board of Appeals held one (1) Public Hearing on Tuesday, September 6, 2005 at 7:00PM at the Marcy Municipal Building, 8801 Paul Becker Road, Marcy, New York.

THOSE PRESENT:                 Zoning Board of Appeals Chairman Carson E. Sorrell

                                                Zoning Board of Appeals Member Carl A. Annese

                                                Zoning Board of Appeals Member Paul M. Evans

                                                Zoning Board of Appeals Member Frank J. Pinnisi

                                                Zoning Board of Appeals Member Lant C. Wagner

                                                Zoning Board of Appeals Secretary Lori A. Rockwell

Zoning Board of Appeals Chairman Carson E. Sorrell called the Public Hearing to order with the Pledge of Allegiance at 7:00PM.

Zoning Board of Appeals Secretary Lori A. Rockwell read the Legal Notice that was published in the

Observer Dispatch on Wednesday, August 31, 2005. 

TOM WITTE, 6565 Irish Road

Area Variances

Tax Map Number 262.003-1-27

Zoned AG/Agricultural

Appeal Number 05-44-13

Mr. Witte attended the August 8, 2005 Zoning Board of Appeals Meeting.  Mr. Witte has applied for Area Variances to construct a 22’ x 27’ addition to the existing attached garage and an 8’ x 4’ addition to the home which will be 39’ from the front yard setback, rather than the required 50’ with a total side yard of 55’ rather than the required 60’.

Irish Road is a Town Road, therefore a 239 Review was not required.

Zoning Board of Appeals Chairman Carson E. Sorrell asked if there were any comments or questions from the Public.

Zoning Board of Appeals Chairman Carson E. Sorrell asked if there were any comments or questions from the Board.

Zoning Board of Appeals Meeting 09/06/05                                                                                              Page 2

Hearing no comments, Zoning Board of Appeals Member Carl A. Annese made a motion to close the Public Hearing;  seconded by Zoning Board of Appeals Member Lant C. Wagner.

All Members Voting:  Aye

The required $100.00 fee has been received. 

Zoning Board of Appeals Chairman Carson E. Sorrell called the Regular Meeting to order at 7:03PM.

Zoning Board of Appeals Member Frank J. Pinnisi made a motion to dispense with the reading of the June

30, 2005 and August 8, 2005 Zoning Board of Appeals Minutes. 

Zoning Board of Appeals Chairman Carson E. Sorrell asked if there were any corrections.

Zoning Board of Appeals Member Lant C. Wagner made a motion to approve the June 30, 2005 and August

8, 2005 Zoning Board of Appeals Minutes as written;  seconded by Zoning Board of Appeals Member Frank

J. Pinnisi.

All Members Voting:  Aye

TOM WITTE, 6565 Irish Road

Area Variances

Tax Map Number 262.003-1-27

Zoned AG/Agricultural

Appeal Number 05-44-13

Zoning Board of Appeals Members have reviewed the application for Area Variances to construct a 22’ x 27’ addition to the existing attached garage and an 8’ x 4’ addition to the home which will be 39’ from the front yard setback, rather than the required 50’ with a total side yard of 55’ rather than the required 60’.

Mr. Witte stated that his home is 87’ long and that he is not building any closer to the road. 

It was noted that the adjoining parcel is a non-buildable lot. 

Zoning Board of Appeals Members discussed the criteria for the Area Variance.

Zoning Board of Appeals Member Frank J. Pinnisi made a motion to approve the application for Area Variances to construct a 22’ x 27’ addition to the existing attached garage and an 8’ x 4’ addition to the home which will be 39’ from the front yard setback, rather than the required 50’ with a total side yard of 55’ rather than the required 60’;  seconded by Zoning Board of Appeals Member Carl A. Annese.

All Members Voting: 

Zoning Board of Appeals Chairman Carson E. Sorrell             Granted

                                                Zoning Board of Appeals Member Carl A. Annese                    Granted

                                                Zoning Board of Appeals Member Paul M. Evans                      Granted

                                                Zoning Board of Appeals Member Frank J. Pinnisi                       Granted

                                                Zoning Board of Appeals Member Lant C. Wagner                   Granted

Zoning Board of Appeals Meeting 09/06/05                                                                                              Page 3

Zoning Board of Appeals Member Frank J. Pinnisi made a motion for the following resolution;  seconded by Zoning Board of Appeals Member Carl A. Annese.

All Members Voting:  Aye

ZONING DECISION:            Area Variance Granted           

APPEAL ACTION

Appeal Number:  05-44-13                                                   Dated:  August 8, 2005

TO:      TOM WITTE

6565 Irish Road

Marcy, New York   13403                                                  Tax Map Number 262.003-1-27

At a meeting of the Zoning Board of Appeals on September 6, 2005 the referenced appeal was considered and the action indicated below was taken on your request for an Area Variance to the Town of Marcy Zoning Ordinance.

Application for Area Variances to construct a 22’ x 27’ addition to the existing attached garage and an 8’ x 4’ addition to the home which will be 39’ from the front yard setback, rather than the required 50’ with a total side yard of 55’ rather than the required 60’.

By resolution of the Board, it was determined that:

There is not sufficient area available to the Appellant to satisfy the setback requirements.

It was further determined that:

a.                   The requested variance will not produce an undesirable change in the character of the neighborhood.

b.                  No substantial detriment will be created to nearby properties.

c.                   There was no other feasible method available for you to pursue to achieve the benefit you seek other than the requested variance.

d.                  The requested variance is not substantial.

e.                   The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.

f.                    The alleged difficulty was not self-created.

g.                   The variance is the minimum necessary to grant relief from your difficulty.

CONCLUSION:  Therefore, it was determined that the requested variance be granted, and that the previous decision of the Enforcement Officer be reversed.

Mr. Witte may contact Codes Enforcement Officer George W. Russell for the required permit. 

Zoning Board of Appeals Meeting 09/06/05                                                                                              Page 4

ROBERT and MARY STRONACH, 6247 Glass Factory Road

Area Variance

Tax Map Number 278.002-1-29

Zoned R-20/Residential 20,000

Appeal Number 05-74-14

Mr. and Mrs. Stronach have not attended a Review Panel Meeting.  Mr. and Mrs. Stronach would like to construct an addition to their existing home.  The addition will be 27’ from the front yard setback rather than the required 50’. 

Mrs. Stronach stated that her kitchenette area was 6’ x 12’ and she would now like to add an additional 1’. 

Mrs. Stronach stated that she was replacing her windows and found that the wood was rotten, therefore decided to rebuild the kitchenette area.  When she filed for a building permit, she found out an Area Variance would be required. 

Zoning Board of Appeals Members reviewed the plans and paperwork. 

Mrs. Stronach stated that the current kitchen area was 28’ from the front yard property line. 

Mrs. Stronach stated that she just wanted to replace the windows and now has to go all the way to the foundation. 

Mrs. Stronach asked if her application could be rushed along since her home is partially opened (the rafters are open on the top).

Zoning Board of Appeals Chairman Carson E. Sorrell stated that Mrs. Stronach could cover the area with plastic or tarp. 

Glass Factory Road is a County Road, therefore a 239 Review will be required.

Zoning Board of Appeals Member Carl A. Annese made a motion to accept the application for an Area

Variance to construct a 16’ 8” x 7’ addition to the existing home, 27’ from the front yard property line, and

to forward plans and paperwork to the Oneida County Department of Planning and the Oneida County

Department of Public Works for a 239 Review;  seconded by Zoning Board of Appeals Member Paul M.

Evans.

All Members Voting:  Aye

The required $100.00 fee was received. 

Mr. and Mrs. Stronach will be notified by mail of the Public Hearing date.

Zoning Board of Appeals Meeting 09/06/05                                                                                              Page 5

ALAN SUITAK, 6782 Irish Road  

Area Variance

Tax Map Number 262.000-1-35

Zoned AG/Agricultural

Appeal Number 05-00-00

Mr. Suitak attended the July 25, 2005 Review Panel Meeting.  Mr. Suitak would like to construct an addition to his home in order to expand his kitchen. 

It was noted at the Review Panel Meeting that the existing home is already non-conforming and that the addition would require an Area Variance. 

The existing front yard setback is 32’ rather than the required 50’ and that Mr. Suitka is proposing that the addition be 22’ from the front yard property line. 

Mr. Suitak was not present for the Meeting. 

MICHAEL TEAL, River Road

Property Line Change

Zoning Interpretation

Tax Map Number

Zoned IN/Industrial

Application Number 05-00-00

Mr. Teal attended the August 15, 2005 Review Panel Meeting.  Mr. Teal owns Lots #7 and #55.2 and would like to purchase a large piece of property from the adjoining property owner, Bray Terminals. 

Mr. Teal would like to move his property line to absorb a portion of the Bray Terminal parcel.  There is no frontage for the existing parcel, but Mr. Teal does have a right-of-way. 

Mr. Teal attended the August 15, 2005 Planning Board Meeting.  The Planning Board questioned if the Planning Board could approve a Property Line Change for a non-conforming lot and add a another non-conforming lot with 35’ of frontage. 

On August 15, 2005 the Planning Board made a motion to accept the application for a Property Line Change as submitted by Michael Teal and to refer the application to the Zoning Board of Appeals for a Zoning Interpretation.

Zoning Board of Appeals Members reviewed the plans and paperwork. 

It was noted that the frontage is not in compliance. 

Mr. Teal stated that he does not intend to combine the lots.

Zoning Board of Appeals Meeting 09/06/05                                                                                              Page 6

Zoning Board of Appeals Chairman Carson E. Sorrell stated that he is concerned that Mr. Teal may subdivide in the future. 

Zoning Board of Appeals Members reviewed the right-of-way language. 

It was noted that a portion of this property is contaminated and that Mr. Teal will not be purchasing that. 

Zoning Board of Appeals Chairman Carson E. Sorrell stated that if Mr. Teal was going to combine the lots, it wouldn’t be such a concern. 

Zoning Board of Appeals Member Carl A. Annese stated that he does not see the concern. 

Zoning Board of Appeals Member Frank J. Pinnisi asked if Mr. Teal could purchase 60’ of frontage instead of 35’.  Mr. Teal stated that the owner is difficult to deal with. 

Mr. Teal stated that he does not want to re-negotiate with the owner. 

Mr. Teal stated that he would rather give up on purchasing the property now since the property will be auctioned soon (for failure to pay taxes). 

Mr. Teal stated that he previously purchased property without any problems. 

Zoning Board of Appeals Chairman Carson E. Sorrell stated that the Zoning Board of Appeals could table any action on this application until Mr. Teal decides what he wants to do. 

Mr. Teal stated that he may just purchase the property. 

Zoning Board of Appeals Member Frank J. Pinnisi stated that Mr. Teal should request the 60’ of frontage. 

Mr. Teal stated that he will just “scrap” the whole idea.

PATRICK ANSON, 6054 Cavanaugh Road

Mailing Address:  6408 Stage Road, Utica   13502

Minor Three (3) Lot Subdivision

Use Variance

Area Variance

Tax Map Number 278.000-1-55

Zoned R-20/Residential 20,000

Appeal Number 05-78-15

Mr. Anson attended the July 25, 2005 Review Panel Meeting.  Mr. Anson is purchasing an 8.25 acre parcel of property on Cavanaugh Road.  Mr. Anson would like to subdivide the property into three (3) lots. 

Mr. Anson would like to subdivide the property now and construct a 40’ x 60’ accessory building on one (1) of the lots, without a primary building. 

Zoning Board of Appeals Meeting 09/06/05                                                                                              Page 7

A Use Variance from the Zoning Board of Appeals will be required in order to construct an accessory building on a lot without a primary building.  An Area Variance will be required for the height.

Zoning Board of Appeals Members reviewed the plans and paperwork.

Mrs. Anson stated that her husband has been activated and is now in New Orleans.  Mrs. Anson stated that her husband’s Attorney will be applying for the Use Variance. 

Mrs. Anson stated that her husband does commercial landscaping and snow plowing. 

The proposed accessory building will be 40’ x 60’ (2400 square feet) and 21’ in height. 

The Zoning Ordinance allows a 1200 square foot accessory building, 15’ in height. 

Attorney Edward Kaminski stated that Mr. Anson would like to store his RV, board, etc.  The accessory building would be painted the same color as the new home. 

The accessory building would be 350’ from the road. 

Mrs. Anson stated that there are plenty of trees that will provide privacy. 

Zoning Board of Appeals Chairman Carson E. Sorrell stated that he is concerned with the size of the accessory building and the fact that there is no primary building.

Zoning Board of Appeals Chairman Carson E. Sorrell stated that this is a residential area where you do not see 2400 square foot accessory buildings. 

Attorney Edward Kaminski stated that the sale is pending on approval of this application. 

Zoning Board of Appeals Members explained that Mr. Anson would not receive approval/denial until at least October or November.  Mr. Kaminski stated that he does not believe the property owner will wait this long. 

Zoning Board of Appeals Member Carl A. Annese stated that if Mr. Anson does not subdivide the property, he could construct the accessory building without a Use Variance. 

Cavanaugh Road is a County Road, therefore a 239 Review will be required. 

Mr. Kaminski asked if it would be possible to make changes to the application after it is accepted.  Zoning

Board of Appeals Members stated that as long as the changes do not make the Variances greater, they could

be accepted. 

Zoning Board of Appeals Member Carl A. Annese stated that the accessory building could be made smaller,

but not larger.

Zoning Board of Appeals Meeting 09/06/05                                                                                              Page 8

Zoning Board of Appeals Member Frank J. Pinnisi made a motion to accept the application for a Use

Variance and an Area Variance to construct a 40’ x 60’ accessory building, 21’ in height on a lot without a

primary building and forward plans and paperwork to the Oneida County Department of Planning and the

Oneida County Department of Public Works for a 239 Review;  seconded by Zoning Board of Appeals

Member Paul M. Evans.

All Members Voting:  Aye

The required $100.00 fee was received.  Zoning Board of Appeals Chairman Carson E. Sorrell stated that the check will not be deposited until Mr. Anson makes a decision concerning his application.

Mr. Anson will be notified by mail of the Public Hearing date.

OTHER BUSINESS

Zoning Board of Appeals Chairman Carson E. Sorrell will attend the September 8, 2005 Town Board Meeting. 

The next Zoning Board of Appeals Meeting is scheduled for Monday, October 3, 2005.

Tentative Agenda:                        MaryJo Beach, Public Hearing

Zoning Board of Appeals Members discussed the application that was submitted by Richard Robinson that was acted on at the August 8, 2005 Zoning Board of Appeals Meeting.  Zoning Board of Appeals Chairman Carson E. Sorrell has provided details of the application that will be forwarded to the Town Board and Planning Board.

Having no further business, Zoning Board of Appeals Member Paul M. Evans made a motion to adjourn the meeting at 8:15PM;  seconded by Zoning Board of Appeals Member Frank J. Pinnisi.

All Members Voting:  Aye

Respectfully submitted,

Lori A. Rockwell

Zoning Board of Appeals Secretary

September 11, 2005