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HomeMy WebLinkAboutBZA Minutes, August 28, 2017 Page 1 DANBY BOARD OF ZONING APPEALS MINUTES OF PUBLIC HEARING SEPTEMBER 28, 2017 DRAFT PRESENT: Lew Billington Toby Dean Earl Hicks Gary Bortz ABSENT: David Hall OTHER ATTENDEES: Town Planner C.J. Randal Recording Secretary Kelly Cecala Public Rick Dobson, Brian Dobson, Shane Spencer, Guy Krogh BZA Chairman Gary Bortz opened the meeting at 7:07 pm MOTION – Approve August 2, 2017 Minutes Moved by Bortz, Second by Dean In Favor: Unanimous The motion passed PUBLIC HEARING to consider a request for an area variances from Section 705 of the Town of Danby Zoning Ordinance and Article 4 (C) of the Town of Danby Stormwater Management, Erosion, and Sediment Control Law. Specifically, the Applicant requests relief from the Secti on 705 requirement that any preexisting, non-conforming junk yard shall be completely enclosed by a substantial opaque screen with openings only for the ingress and egress at no more than one hundred for intervals along the property line including road frontage; the Section 705 requirement that there shall be no storage outside the aforementioned screen; and Article 4 (C) of the Town of Danby Stormwater Management, Erosion, and Sediment Control Law requirement for the completion of a BASIC Storm Water Pollution Prevention Plan (SWPPP). These are variance appeals are for tax parcel no. 7.-1-48.122, at 1675 Danby Road; Owner and Applicant, Rick Dobson. Page 2 Chairman Bortz commented that there was some additional components to the appeal that transpired after th e fact; he said at this time the request may be beyond the control of the BZA. Bortz requested that Randall and Krogh provide some facts and history about the property and the foundation for the appeal prior to opening the Public Hearing. Randall reported that Hansen had prepared that original Notice of Violation and Storm Water Law determination but was unable to attend tonight and that she was available to answer questions about Planning and Zoning. Randall did say that the Notice of Hearing was miss-posted; the language regarding the appeal of the Storm Water Law was left out and the variance was incorrectly posted as an “area” variance instead of a “use” variance. Randall deferred to Town Attorney Guy Krogh, to speak about the matter further. Krogh commented that a grieved citizen has up to 10 days to appeal a Code or Storm Water Management Officer’s determination and/or interpretation of the Storm Water Law. Krogh said that determination of the Storm Water Law was made in July yet the appeal was not filed until September. Krogh referred to State Law 267A and said that the same problem occurred with a late appeal being made to the BZA on the zoning interpretation. Krogh said that a citizen has 60 days to file an appeal and that the first notice went out in April. Krogh said that once the appeal time period expires the matter goes before the court. Krogh’s opinion was that the BZA did not have legal jurisdiction to consider Mr. Dobson’s appeal at this time. Krogh stated that all the BZA can do at this point is to provide some advisement to the Applicant as far as seeking a use variance and submitting a new application. Krogh added that an area variance applies to a change in the setback requirements and/or a dimensional/space type issue; versus a use variance which deals with a non-allowed use Following Krogh’s interpretation of the law and the facts of the application and appeal process, Mr. Dobson gave a lengthy description of why he is innocent of any wrongdoing and that he not in violation of any laws. Dobson shared personal stories and pictures about his long time residency in Danby, his life as a veteran and a family man. Dobson gave a history of his childhood dream of creating “his mountain” which he started in the 1960’s. He expressed adamantly that his mountain is inspected regularly and is clean filled from IC and Cornell. Dobson said that it measures 180 ft. by 160 ft. and there are no laws against it because it is less than one acre. Dobson is upset that the Town closed him down and sent an email to Ithaca College which told them to stop sending stuff to Dobson’s place. Dobson commented that he does not feel that his “rights” mean anything to the Town. He also spoke about how his large commercial property had been used for community purposes in the past, i.e. setting up the parade and police dog training. Dobson provided pictures and suggested unfair treatment stating that numerous projects have been completed all over Danby that have no permits or zoning involvement. Dobson stated that he has gone through several Code Enforcement Officers in the past answering to their requests for fences, burns, gates, etc. He said that all of the dismantling is done inside behind the mountain and that no junk cars or parts can be seen off the road. Dobson said he fills out the DEC report annually. Dobson said that he has lost three months that he cannot get back. Bortz reiterated that the dates for these appeals have come and gone. Dobson agreed. Bortz commented that he is still missing the Storm Water Prevention Plan. Dobson said that he did not have to do that because he is not disturbing over an acre of land. Krogh said that the one acre rule is short hand and that there are multiple different triggers under each type of SWPPP. Krogh said that pleading innocent goes to the judge. Bortz said that this is already in front of the court. Dobson was very defensive and said that the VA will be helping him get a lawyer. Krogh said that the court can also provide information on legal-aid. Page 3 Randall clarified that Dobson Motors operates as an industrial facility that is required to have a storm water discharge permit and under the state requirement for renewal, a signed affidavit has been provided by Mr. Dobson stating that this (SWPPP) permit will be made available upon request by the DEC or the Town. Randall said that upon request, the applicant was not able to provide a SWPPP which is the “crux of the matter”. Randall added that she is not particularly interested in the mountain but the (SWPPP) plan itself . Dobson appeared confused by the proclaimed signed declaration that he could provide a SWPPP when asked for it. Krogh said that SWPPP is a Federal DPA mandate and that Dobson appears to be challenging if a SWPPP is needed and therefore there is no action for the BZA. Dobson asked Randall directly if one of these permits exists on file. Randall said yes. Dobson demanded to see one. Dean interjected and said that Randall did not need to do this now. Dobson commented that he does not believe that storm water permits have been filed for anyone else in Danby and alluded that he was the only one being asked to do this. Randall said that a request can be made to the Town Clerk to get a copy of permits on file. A formal Public Hearing was never held. After Dobson had a chance to be fully heard by the Board, Chairman Bortz requested to adjourn the meeting. No action was taken. MOTION – Adjourn Meeting Moved by Bortz, Second by Billington In Favor: Unanimous The motion passed ADJOURNMENT The meeting was adjourned at 8:15 pm. ____________________________________________ Kelly Cecala, Recording Secretary