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HomeMy WebLinkAbout2017-01-17 BZA MinutesDANBY BOARD OF ZONING APPEALS MINUTES OF PUBLIC HEARING AND MEETING JANUARY 17, 2017 DRAFT PRESENT: Lew Billington Gary Bortz Toby Dean David Hall Earl Hicks OTHER ATTENDEES: Town Planner C.J. Randall Town Board Leslie Connors Recording Secretary Kelly Cecala Public Ted Melchen, Erik Palmer, and Deanna Demark. Gary Bortz requested from C.J. Randall to have a large white board at all future BZA Public Hearings and Meetings. BZA Chairman, Gary Bortz, opened the Public Hearing at 7:13 pm. PUBLIC HEARING to consider a request for area variance from requirement that lots created must have road frontage located on a public road maintained year-round as stated in Town of Danby Zoning Ordinance Section 600(4)(a), in order to proceed with Minor Subdivision review by the Planning Board of Parcel no. 12.1-1-6.22, TMelchen LLC, Owner; Erik Palmer, Applicant. PUBLIC COMMENT: Gary Bortz opened the floor for public comment. Ted Melchen said that there is a conservation easement on the parcel that will be subdivided, 12.1-1-6.22, and asked how the easement would be affected. Dean said that the easement conveys in perpetuity and that the land can never be developed. Applicant Erik Palmer, intends to purchase the property once it's been subdivided with the intended purpose to use it for hiking, hunting, and horse back riding. Palmer said that he agreed to put the parcel into a conservation easement so that no further development is done. Dean asked Randall why the need for seasonal maintenance. Randall speculated that it was probably written into the zoning ordinance as such, as an attempt to limited the amount of build-able lots that could be created, and then tying it into public roadways. Bortz asked Randall to confirm where the year-round road maintenance ends and where the seasonal road begins along Deputron Hollow Road. Bortz reviewed the five (5) criteria aloud and commented that the BZA will vote on the variance request to allow the Planning Board to continue their investigation of the subdivision. MOTION - Grant Variance Moved by Hall, Second by Billington In Favor: Unanimous The motion passed The request for variance was approved. The Board of Zoning Appeals of the Town of Danby approves the variance to consider a request for area variance from requirement that lots created must have road frontage located on a public road maintained year-round as stated in Town of Danby Zoning Ordinance 600(4)(a), in order to proceed with Minor Subdivision review by the Planning Board of parcel no. 12.1-1-6.22, TMelchen LLC, Owner; Erik Palmer, Applicant. The public hearing was closed at 7:28 pm. ADJOURNMENT The meeting was adjourned at 7:30 pm. ________________________________________ Kelly Cecala, Planning Board & Board of Zoning Appeals Recording Secretary