HomeMy WebLinkAbout1992-03-05TOWN BOARD MEETING
PUBLIC HEARING
• MARCH J, 199E
S'P'ECIAL PERMIT HEARING
COUNTRY MANOR ESTATES - Georrge Shank
Deputy Supv Hatfield called the meeting to order° at 8 :00PM
Members and guests participated in the Pledge of Allegiance
Roll call was by the Town Clerk
Pr ^esente Deputy Supv Hatfield, Clm Corrigan, Clm Roberts,
Clm Baker, Atty Perkins and Z.O. Slater
Absents . Supv Schug
Deputy Supv Hatfield - read the notice that was published in the
newspaper to consider the application of George Shank, County
Man or Estates to expand his mobile home park by six lots.
QUESTIONS AND /OR COMMENTS
George Shank. - he has gone tht�ough the engineering plans that
were required by Henry. At this point I am applying to the Town
Board fotr a special permit. He has previously submitted all of
the paperwork fora that. At this time he is waiting to hear from
the Town Board so he can go to the Planning B� ward before e he
proceeds any furnther with revisions to the engineering plans or
• whatever is necessary.
Frank Atwood - wanted to know in what direction the expansion was
going to g.
George Shank - it would be going to the south.
Roy Rizzo - he sees nothing wrong w
building code with the way that it
awned the park fora 20 years and has
the park.. There wer ^e two public mee
were notified and he has talked wit
them years age � because he was going
money to do it.
ith the health department and
is laid out. He previously
never% had any problems with
t ings, all of the neighbors
h a lot of them. He talked to
to add on and didn't have the
Clm Rober�ts - wanted to know where the recreation area was going
to be located.
George
Shank
- you should
all
have copies of the prints because
he had
to bring
there t� �
Henry.
Schiecht's
Roy Rizzo - 200 feet in back of the trailer park is the Etna park
where the ch i ldrer, have a path t• � follow. There is a tennis court
and ball field there.
George
Shank -
that
is
addressed
in
George
Schiecht's
letter
• because
he has
reviewed
the
plans,
and
he
has commented
or,
that.
3C/
33
TB3 -5 -92 page
• Atty Perkins - what is the proposed source of water?
George
Shank -
it
has `
existing
wells
and
there
will
be
an
additional
storage
drain
tank
put in because
syst
of
health
department
requirement
tank,
for
but the two
extra
storage. If
wells are more
he adds
than
adequate
on he
will
according
need
another
to the
health
department.
They
have been
tested
for
capacity
and
there
is no
problem there.
Atty Perkins - is this privately maintained?
George Shank - yes.
Atty Perkins - how will waste water be disposed cif?
George Shank
- it
is
in
landscape
the
the
engineer
if he had a landscape plan, and
plans and health department
approved that
there
will
drains to
drain
be
two �
syst
ems.
Atty Perkins - sub surface disposal on' site?
George Shank - yes, that is still waiting for review from the
town for the health department to � go through of issuing the
permit.
C1m Roberts
part of the
•
George Shank
ago. Actuall
going to be.
was down at
- some of the notes that they received stated that
project has electrical service.
- yes, the electric po 1 es have been set up _years
y, there is a road that exists where the lots are
It existed there because originally the pump house
the south end and there was a read there.
C 1 m
Roberts
s
- wanted
landscape
the
to
know
if he had a landscape plan, and
where
by 8 feet.
does the
water
drains to
drain
off?
George
mostly
Shank --
flat. It
he does not
dyes slope
have a
off to
landscape
the
plan
south in
because it is
the distance of
about
300 feet
by 8 feet.
The water
drains to
the southeast.
Roy Ri zzo - where the trailers are is not where the sand filter
will be, it will be across. The trailers will be on one side and
the sand filter system will be on the other side. The way the
health department laid this :Out is that if any cif the filter
systems go bad in the future there is room for those. When he
purchased the trailer park all of the electrical system was
installed for 6 trailers on each side, which is 12 trailers.
Since the new laws have taken affect the most that can be put in
there now is 6 because he w i l l need the other her 6 lots f or a future
sand filter system if something goes wrong with the ether one.
Deputy Supv Hatfield - the sand filter system is between the
• trailer park and the residents on Wood Rd.?
3q
TB3 -5 -92 page 3
• George Shank - right, that is where it was sited by the health
department. He wanted to d� � it another way but they are the ones
that sited it for him.
Frank. Atwood - wanted ti-.1 know if there was a stream that went
dawn thrc-iugh there.
George Shank. - rn I, that is further east on Rocca � Lucentes land.
Atty
mr.1bi
only
established
are
Perkins
-
is
criteria
there
for
any
intention to make the water and sewer
facilities
municipally
m1wned?
George
mr.1bi
only
established
are
Shank
- not
to his knowledge, he is not aware i.-if any
criteria
for
doing
that.
Atty Perkins - the
mobile home shall
established or extended
parks may only be
Town of Dryden which
mr.1bi
only
established
are
le home park ordinance states that a
be allr.1wed in mi. -ibile home parks which are
pursuant to this ordinance. Mobile home
or extended in those areas of the
served by municipal water and sewer
services.
George Shank - right.
Atty Perkins - you d! in' t have any intention t hen?
Roy Rizzo - they are so far away.
Atty Perkins - is there any reason that you couldn't put in a
system and dedicate it to the town?
George Shank - YOU mean the system that I put in have it be so
i
that it can be hooked up later on. j
Atty Per k i ns - construct one according to town specifications. i
George Shank - he believes that probably the engineering �
specifications can be set aside for that, yes. He can ask his
engineer. All of these that are going to be put in are all going
to be tied together, so yes.
Atty Perkins - the ordinances states that it rilUSt
municipal water arid sewer services. That does not
tank and private line and private septic System,
treatment plant, tank that is owned and maintaine
fire hydrants with certain pressures, certain min
etc. Is that your intention to make the expansion
town specifications?
be served by
mean a private
It means sewage
d by the town,
awn,
imum size lines,
according to
2 �/
y
1*83 -5 -92 page 4
George Shank -
He would have
department information
well
to give
on
ion
that
it
that
to
point,
his
is
he really
engineer.
all that he
As
is
dues not quite
far as the health
aware of at this
know.
time.
He did not
the
realize
acting
that
that
a law
there
riot
was an
ordinance
But, looking
at it
that
you
are
talking
abi-Jut.
That
is
why
from
curses
he
went
through
c_if the
the
zoning
parks,
private
board
mobile
to
get a
variance
the
homes
first
on individual
time,
and
there
were
public
hearings.
Atty Perkins - he believes it is the opinion of this bi.- tard that
the Zoning Board of Appeals was without any authority or
.jurisdiction to vary this provision.
Clm
Carrigan
-
regardless
because
he
cif
the
why he
merits
Jim about your
r.1f
the
case we would be
acting
that
against
a law
that
riot
is
already
But, looking
at it
on
the
books.
Geeurge Shank - his underst
was that he wanted to � g• � t
pertaining to the individu
ordinance itself, but look,
it that wayn
and
hro
al
at
ing
ugh
pr'•
it
was that talking with Jim Schug,
and do this a legal way. As
perty itself not try to redo the
in an individual case and adjust
Clm Corrigan - Mr. Schug d• ies ni -.1t speak for the board, only for
himself.
Atty Perkins - he thinks what Jim is referring to is his apparent
request to rezone this area or to change the requirements � �f the
mobile horile ordinance to permit expansion � �f his mobile le home park
ewithout municipal water or sewer systems. He believes that
earlier the board indicated that they were rot in favor of making
these changes. This was communicated to Mr. Shank earlier that
the board was not going to � amend the ordinance to allow an
expansion where there was not municipal water and sewer.
George
Shank
- yes,
because
he
had talked
why he
to
Jim about your
ZBOA
and
Jim
said
that
apparently
it
was
riot
legal.
he does not
But, looking
at it
as an individual
Perkins
case they
may do it as an individual
property.
So that is
why he
resubmitted
it and brought before
the board to
look at it
2.
religious
as an
individual
piece, because what else
can he do
with the
land
if
he does not
expand.
and display of farm
Atty
farming,
Perkins
farm
- these are
buildings,
the allowed uses in a RB1 zi -.1ne. 1.
gardening, nurseries, greenhouses and
the
dwellingsp
semipublic
raising
of
3.
structures;
livestock Eck
educational,
and poultry;
community,
4. farm buildings
2.
religious
one family, two family
and similar
and accessory farm
bIAildingsq
5.
roadside
stands for
the
sale
and display of farm
products
provided
that
any such stand
shall
be at least 50 feet
from
curses
the
and
center
recreation
c_if the
road; 6 clubs,
facilities;
7.
parks,
private
playgrounds, golf
garages and 8.
mobile
homes
on individual
lots.
Roy Rizzi_, -- so you can put 6 trailers in there then sell land to
. the six owners.
3 (�
TB3 -5 -92 page 5
. Atty Perkins - if he wants to Put a town r�clad in and subdivide,
yes.
George Shank. - the only way that yciu can make any use out of it
was to have sc i much road frontage, and he doesn't have any read
frontage. I only have the trailer park read itself.
Atty Perkins - is there any reascjn that you couldn't build a town
read, like a subdivider dcies? When peciple subdivide their
prr jperty that is what the town requires that they constt%uct a
town road.
Rory
park
R i z
expanded
zc, - as
a
rather^
proper
^t y
than
owner he
seeing individual
would
rather
lets
see a trailer
back there and
people
have trash
trailers
in there
and
lock
like
heck..
Gecir;ge Shank - Under the ordinance the town will not let a single
lot trailer go in there, because anything _in that side is not
zoned four, single wides.
Z.O. Slater - it would be double wider only cin individual lots.
George Shank - it can't be subdivided foir that reason.
Atty Perkins - sur! e it Could be subdivided for double wide mobile
homes.
Z. 0. SIC-Ater - as Icing as they each have a � one acre lot.
George
Shank -
in
which case you wouldn't be able to do that,
because
of the
ordinance.
Atty Perkins - you asked what you could dog with the land and I am
trying to show ycju different ways that you can get around this
problems
George Shank - when he talked with Henry abi.-jut the uses for the
land he was told that he we ould have to i build a rm gad to town
specifications before he could sUbdivide because he did not have
enough road frontage.
Atty Perkins -- there are things that you can do without a
variance. If you are going to build a public road back there and
subdivide, you don't need a variance to do that as a matter of
right as long as you comply with the proivisic ins cif the
subdivision rules. What you are talking about is Putting in a
concentration of mobile homes in an area that you are riot
proposing municipal water% and sewer services for and that the
ordinance states y,u cannot do.
George Shank - did not knew how you we euld go about proposing
water and sewer.
TB3 -5 -92 page 6
•
Atty Perkins - the way any other water and sewer, project ect i s
started. You would have an engineer, you would have t • � petition
the town board to do that. The cost would be born by the property
that is benefited, not by the town. It would be like any other
water and sewer district that is in the gown. What you are really
talking about here, unless you are willing to build a municipal
water and sewer service, is petitioning the town and having the
town create the water and sewer district.
George
Shank -
according
tcj the
health
department that is a
municipal
water
and
sewer.
They
say that
anything over 5 is
considered
municipal
water
and
sewer.
Z. 0.
Slater - it
is
called
public
water
and sewer ricit Municipal
water
and sewer.
Atty Perkins - that really has to dc-i with the qualifications of
the person who does the testing and supervising. You have to be
an operator. It doesn't really mean that it is a municipal
system. State law classifies water systems according tai the
number of people served by it. If you get to a certain level,
which he thinks if 5 you have to have a technician with a certain
class 1 i cense who rti n i t ors the water arid takes tests and fills
out repl irts.
.
George Shank - he does that now.
Clm Baker - so it would be a step up from what he has now from
enhancing his proposed system t•, something that the town would
accept as a municipal system.
Atty Perkins - it bec0mes a cost cc ins i derat i on. The purpose of
the ordinance was to require that if you are going to have a
mobile home park where y, IU concentrate, as what you would
otherwise have on an acre. Where y=in 30,000 sq ft, You are going
to concentrate that down to 5,000 sq ft you must have municipal
water and sewer for obvious reasons. There is a much greater
density for the public health, safety and welfare if you are
going to allow that compaction by the increased density You Will
create you must have municipal water and sewer. He could
construct the system himself and then petition the town to take
it over.
Clm Baker - it wouldn't be like he was bringing it in from miles
away. It would be a self contained system and would be maintained
and monitored by the town rather than the individual.
Atty Perkins - the town would be
once it was installed and approv
George Shank - who would approve
Atty Perkins - the town engineer
responsible ble for maintaining it
ed.
this?
w� UId.
a
3�
TD3 -5 -92 page 7
George Shank - if the health department looked at the engineering
plans and the town engineer looked at it and says that this is
all right, would this be something that is feasible.
Atty Perkins - if you meet the standards for construction of
storage capacity, pressure and fire flow and things like that,
yes.
Roy Rizzo - what would sc.1mething like this cast.
Atty Perkins - he ci uldn't tell you because he is not an
engineer.
George Shank - one of the reasons when he went to the zoning
board was to get a variance for that because of municipal water
and sewer piped up there.
Atty Perkins - we are talking about creating not piping water
there,
George Shank - so this system that is existing on the engineering
plans already are health department approved and will now have to
be town approved.
Atty Perkins - yes, if they are to be dedicated to the town. We
• would have to have a town engineer look at then, to see if they
meet the town requirements and specifications for municipal water
and sewer.
Phil Conger - density in small areas, he did nc_It see any
difference in 5 t_ir 6 mobile homes in a small area as opposed to a
multi family dwelling in a small area.
Atty Perkins - if you have 5 mobile homes you jw1nly have to have
25,000 sq ft. which is riot even one minimurii size lot.
Z. Q. Slater - by health department standards you would need
43,560 sq ft of usable area for each multiple dwelling.
Atty Perkins - s� � there is that consideration and also in RBI
zone multiple residents are riot permitted. In a mobile home park
YOU could have 25,00(:) sq ft if You have municipal water and sewer
for 5 mobile homes in a mr.1bi le home park. If you are going to do
it outside of a mobile home park on an individual lot you would
need 5 acres. Multi family dwellings where they are allowed i n RC
and RD lot areas shall be at least 30,000 sq ft and at least 125
feet of road frontage for the initial dwelling unit and at least
3,000 a00 sq ft of additional lot ar ^ea per unit per bedroom for% each
additional dwelling unit,
• Closed public hearing 8:30
31
'T83 -5 -92 page 8
Atty
Roberts
Perkins
- the
beard
is now free to make a decision,
discuss
it,
f ri_Im
postpone
making
a
decision,
but you have t• � make
a decision
in
Shank
45 days.
seen
it.
Clm
Corrigan
- wanted
to
postpone making a decision,
until she
had
time to talk
with
Jim
in all fairness.
C 1 m Roberts - had some questions t hat needed to be answered � ±r
should we wait until the � ether% issue is resolved. He has no
problem in waiting.
C 1 m
Roberts
s -
had
received
a letter
f ri_Im
George Sch 1 echt and
wanted
to
know
if
George
Shank
has
seen
it.
George Shank - yes, and after Henry told him about the special
application and what he had to do, he went to the engineer. After
that he went with the engineer plans because that was a big
expense. Some of the things have not been done yet because after
he got the engineering plans and health department permits, he
was to go before the town board. Henry informed him that the town
engineer had look at these for comments. Henry told him not to g•
any further and spend any more money because you may not even
need t• � have them. He told Henry that it has already happened
because there is $3,000.00 there and all of the permits frorli the
health department just waiting fir the town.
• C l rn Roberts - wanted to know the options should the water system
be resolved. Some of the other things that the engineer
recommended that are not available to Lis yet. He was concerned
because they Would have such a short period of time to, say 30
days shy Uld the water and sewer issue is resolved, then we only
have 15 days to review all of the engineering reports, the EAF
form and everything else that has to be done.
At t y Perkins - your options are that you can deny the
application, Or you can r °efer it to the planning Board. Before
you refer the application to the Planning Board you have to make
all of the findings under Sect ic- in 1303 as to whether or not all
of the requirements of the permit have been met. Whether the
l ocat i c-in, use, nature and intensity of operation w i l l be in
conflict with the allowed uses of the zone or neighborhood.
Whether the use will be more objectionable or depreciating to
adjacent and nearby properties (by reason of traffic, noise,
vibration, dust, fumes, smoke, odor, fire, hazard, glare,
flashing lights or disposal of waste o r% sewage) than the
iperat ic- in of the allowed uses of the zone. Whether the use will
discourage or hinder the appropriate development and use of
adjacent properties it nei ghbi,srhood Whether the nonresident ial
use adjacent to an existing residential use shall be screened by
a landscaped buffer strip or suitable fencing. Whether the
health, safety and general welfare ::if the community may be
adversely affected. These will all have to be considered and
signed off on.
TB3 -5 -92 page 9
• Atty Perkins - in 45 days after said hearing the Town Board shall
`% either deny the application for a special permit or shall refer
Such application to the town Planning Board. Upon a determination
by the Planning Board that the applicant has fully complied with
all such provisions and requirements, the Planning B• lard shall
recommend in writing the final approval of the application to the
Town Board. As a Town Board You will make the initial
determination that you want to allow a mobile home park under the
special permit section i-. 1f 1303. If a 1 1 of the questions are
answered in the affirmative then you refer it to the Planning
Board. The Planning Board will then 1i.-jr.1k at all of the provisions
on the mobile home park ordinance t• � see if all of the plans have
been met. You will have to make the SEOR determination before you
approve the application. A determination dr Jes riot need to be made
if the application is denied.
Clm Roberts -• the Planning Board would be the Wines to make sure
the engineers concerns have been met.
Atty Perkins - it wi.-juld be the engineer who Would make sure the
engineers concerns are met. He can advise the Planning Beard
abut the design and adequacy and answer any questions they have
about it .
Clm Corrigan -- .just by the act of our referring the special
permit to the Planning Board we are creating another exempt ic.in to
an already existing statue, correct. So we set a precedent every
time we d� � that.
Atty Perkins - ni-J, because first ::if all you have to answer the
question for municipal water and sewer. There are two questions
that have to be answered, one is that you have a threshold
quest i,_in about whether you have t� � deny this Out of hand because
there i s no pri_nv i s i on for municipal water° and sewer services. You
can deny it and that is the end. if the applicant says that he
will build the municipal water and sewer services to state health
department requirements and town requirements and will dedicate
it to the town so that they will have a municipal water and sewer
service. If that happens then you go through all of the Section
1303 questions. Once you have done that yi.-ju refer it to the
Planning Board, The Planning Board will work with the engineer at
that point and wi -Juld sign off on all requirements in the mobile
home park c-rrdinance, all requirements for municipal water and
sewer, etc. When it comes back with their recommendat i r.in then you
must approve it.
Clm Baker - what provision do we have that he is going ahead to
create municipal water and sewer.
Atty Perkins - it would be up
board know what direction he
letter or same plans t o that
applicant has 45 days to act.
to the applicant to let
plans on taking. He can
effect of his intention,
the town
give us a
The
7�
i
P
TB3 -5 -92 page 10
Clm Baker - that is the only way that we can proceed, is that if
we can find this out.
George
Sch1echt
they
are
Shank - that
will have
not he will
would have to
to answer. Are
have to get
be a question that George
these plans adequate arid if
back with his engineer• and bring
them
up
to specs.
Rd.
have to
Atty Perkins - if you are Unwilling to go the route of municipal
water and sewer, then this board does n• it have a choice. It must
deny the application.
George Shank - right.
Atty Perkins - if you are willing to do that, and he is not
suggesting that you spend a lot of m oney. You wouldn't d� � final
drawings, you would do a conceptional plan now and get some cost
estimates, etc. and the preliminary study. If you u i nd i cat e that
you are going ahead for municipal water and sewer to the the Town
Board, then the Town Bayard will make the determinations under
Section 13CM. Once it is referred to the Planning Board you Would
work with them in detail all of the provisions set forth in the
mobile home park ordinance.
George Shank. - right.
Roy Rizzo - wanted to know if this was ever done before.
Atty Perkins - Jim Ray did in Varna for his mobile home park.
Roy
municipal
Rizzo
- would that
water and
create anything
sewer system would
- rn,1, he would
that
the
if
residents
he put in a
along Wood
Rd.
have to
connect
in the next 5 or
6
years?
The
Atty
Perkins
if
this
- rn,1, he would
only
design
way
the
system
for
the use of
his
park.
The
town would own
the
lines
that
they
are
in the
ground and
the
treatment
plant and storage
and answered
tank
facilities.
the negative
that
They will
own,
maintain
willing
and
be responsible
and
charge
that
will
back
to the
residents
in
the
trailer
again.
park.
George
Shank -
if
this
still
is
cost prohibited for doing it that
way
what other
options
to change the
does
he
have?
Atty
Perkins
-
the
other
option
is to
ask the
town
to change the
mobile
home
park
i_nrdinance.
His
belief
is that
they
considered
that
question
already
this year
and answered
it
in
the negative
that
they
were
not
willing
to
do that.
That is
not
to say they
will
entertain
that
question
again.
George Shank - his guess at this point he will have to give the
40 plans back. to Henry so that he can see what needs to be done in
that aspect.
TB3 -5 -G2
• George Shank -
left up to me
it over or% can
and we really
page 11
if they do riot
to maintain it?
they .just say
don't want to
want to
At this
you come
take
it over would
it
be
time
do they have
to
take
up to
our specifications
Atty Perkins - the ordinance states municipal water arid sewer and
the town would have to yawn and maintain it as long as they were
built to town specifications and approved.
Atty Perkins - you should keep in mind the rea
requirement that there be municipal water and
exchange for having an increased density in a
the concentration ot h er than on individual 1 � •t
have the municipal systems because you are goi
and more intensive use of a piece � � f land so t
to get more benefit out of each 5,000 sq ft.
coning behind the
sewer services. In
mobile le horse park
s you will have to
ng to have greater
hat you are going
George Shank - the way he has gone abut this is backwards and he
realizes that. He didn't realize the ordinance and the way you
wanted to do it. The thing to d• � was to go to the Town Board and
have them decide -.1n it before it went to the Zoning Bivard, he
realizes that. He wi:iuldn' t have had to spend the money that he
has already spent.
. Atty Perkins - it should riot have gone to the Zoning Board at
all. This is 1ne reason to have the public hearing and that was
why he was trying to probe into what YO Ur intent was.
Clm CC'rrigari - Would like to talk with Jim first and see what was
on his mind.
George Shank - he thought Jim's intention was that it was gone
about the wrong way and that as a individual piece of property to
look at it that way. If the requirements were met they could look
at it in that respect, riot as setting a precedent as far as the
rest of them g• He did riot know if that could be done. If you
cart l ook at that as an individual piece of property and say under
special permit application there is certain criteria that has to
be met before it even gets to the Zoning Board.
Atty Perkins - Jim's
meeting written to Mr.
January 14th, y, urn req
recommendation was tha
but we w i l l be r^ev i ew i
as to our decisi� in. At
rezoning request.
letter written after the January board
Shank states that at our meeting on
Liest was discussed. The Town Boards
t we set the decision aside at this time,
ng it in the future and keep you informed
ty Perkins believed that was regarding the
George Shank. - if you rezoned that particular piece of property
would that set a precedent for some other area?
is
*-;L�
TB3 -5 -92 page is
• Atty Perkins - they wouldn't rezone, but change the mobile home
ordinance. Mobile homes parks ar,e riot allowed i n RB1 zone, so
that is another problem.
Z.O. Slater - he looked at is as an expansion of an existing
no ricon f orrii i rig use and w0 U l d require a variance.
George Shank - there were several things that had to be met to
even be considered by the Zoning Board.
Atty Perkins - what questions did the zoning board address?
Z.O. Slater - the expansion without the implementation of
municipal water and sewer.
Atty Perkins - what did Mr. Shanks application request that they
vary, what provision?
Atty Perkins - the ric.it ice of decision states that he carp expand
his existing park. Co entry Manor Estates by 6 mobile homes lot
sites without municipal water and sewer available to these lots
and is requesting a variance to Section 2.2 of the mobile home
park ordinance � �f the Dryden Town Zoning Ordinance. If this is
all that was considered then there is another question as to
whether or riot expansion carp be allowed of a noncoriform i rig use.
®
George Shank - this should be resolved since this has gone
through once.
Atty Perkins - he is in a RB1 zi.- ine and mobile le home parks are not
allowed in a RB1 zone. There is a mobile home park there so that
park is an existing noncoriformirig use. A nonconforming use
existing at the date of adoption of this � irdinance may be
extended or enlarged to adjacent lands owned of record on the
effective date of this rirdiriance by special permit. You would
have to � find out whether or riot the lands which are to be
expanded were corit inur.,usly awned by Mr. Rizzo or his predecessor
Mr. Shank continuously. No special permit or variance allowing
mowing
the construction or enlargement � �f a nonconforming use or
structure shall be granted by the Town Board or the Zoning Board
of Appeals unless the regulations-of the ordinance, other than
allowed uses (i. e. , density, years, parking, etc. ) for the
district in which said rn.inconforming use is located, can be
substantially complied with.
Roy Rizzi-.1 - wanted to know if it made any difference because all
of the electric lines were laid out years ago but never finished.
George S
on going
It's riot
• been the
added or,
hank - according to Henry anythir
project f o rn over a year is cons i
like it would be grandfathered i
use of that piece of prr.1pert y. I
and now he wants to expand.
g that has not been an
dered to be abandoned.
ri, but that has always
t was not like it was
43
TB3 -5 -92 page 13
Atty Perkins - a case
Renssea1er County and
haven't got the stuff
have no rights even if
have to be finished.
George Shank. - that is
for expansion because
heard
by
the
Appellate
Division
in
decided
last
and we all
to be the
October
was
squarely on if you
in the
ground
least
and the
lots
developed you
it
was laid
parks and municipal
out earlier.
water is
They actually
one of the provisions under the variance
they are losing money on the park.
Clm Baker - they did three findings 1- conditional approval
subject t� � T� ilpkins County Health Dept approval 9 all ether
requirements for trailer park expansion must be applied for and
adhered to and 3- no neighborhood opposition, although sixteen
mailings were mailed t o ad.j acent neighbors. Leased on those
findings the ZBOA approved Mr. Ri zzo' s application to expand his
present mobile home park by E lots. They were using the health
departments expertise to pri.-itect the neighborhood in terms of
health and safety. The other was to make sure that all the park
expansion be enforced and the whole mobile home ordinance be
addressed.
Atty Perkins - Mr. Shank also needs a special permit application
to expand in a none info arm i rig use RB 1 zone, Section 1701.
Z.Q. Slater - wouldn't this be a mute point if he doesn't decide
•to install municipal water and sewer.
Atty Perkins - yes, but we could hold the public hearing on a 5
day notice and do it before the board makes their decision at the
April meeting which within the 45 days. You could schedule the
public hearing for that night and do it all at once. We still
need the threshold question answered.
George Shank - he realizes that the nether S parks were allowed
that and you are saying that each time you are doing that you are
breaking it away but, it has already been allowed.
C1m Corrigan - asked Atty Perkins about that and they do riot have
any bearing r.m the subsequent ones.
Atty
Perkins
- if you look
by it, and
- what happened was
that those two
expansions
were
allowed
and we all
to be the
when
then the
has
they shouldn't have
been. There is
at
least
municipal
this
even
then say
go before
sewer
for each of those
parks and municipal
water is
available
t� �
one anyway. There is
a great possibility
that the
water
district
will go in.
George
learn
Shank.
something
- if you look
by it, and
at
allow
this
particular
the health
project
department
and we all
to be the
Judge,
well that
then the
has
next time
been done wrong
something
in
comes
the past
up like
and riot
this
even
then say
go before
the boards.
i'
9H
TES 3 -5 -9` page 14
Atty Perkins - the town
correct this problem. J
decide to go ahead with
coordinate getting any �t
and that will be held i
decision.
has already internally taken steps to
ust so that everything is clear that you
the municipal water and sewer Henry will
her special permit application from YOU
n April when the beard makes their
George Shank - what are his options if it is too cost prohibited?
You are looking at something that will cost $1001000-00 to pit
i n.
Atty Perkins - he can't make any decisions for him. If it costs
too much m oney that is a decision that you have to make. Whether
it makes economic sense to pursue a project that doesn't have a
good return. You are not prohibited to use YO LW land for other
lawful purposes.
George Shank - there is only three and one half acres left and
there is no road fry �ntage.
Atty Perkins - if you go with municipal water and sewer you get i
one l ot for every 5,000 sq ft. yo u are still thinking that you
will only get 6 lots.
Roy Rizzo - we are trying to leave the trees in there.
George Shank. - his intent was to make it better living space and
not to try and squash there in there. He sees the point, but he
does n ot want more trailers i n there.
Atty Perkins
everybody in
okay we all
you have mun
George Shank
making a dec
that is the policy dec
the town. If you want to
w you to use these small
icipal water and sewer.
the board is going to
ision?
isi� �n that ap
have a mobil
lots and the
be looking at
plies to
e home park,
trade off is
this and
Atty Perkins - the ball is in you court on what you are going to
do about the municipal water and sewer.
Ad,j our ^ned
7a 15PM
Susanne Lloyd
Town Clerk