The monthly meeting of the Town of Maine Zoning Board of Appeals was held on December 2, 2008 at the Town of Maine Town Hall.
Members Present: Chairman Larry Maier
Ellen Vachon
Melissa Vicari
Ken Brady
Chairman Larry Maier called the Zoning Board of Appeals meeting to order at 7:00pm with the pledge to the flag.
Others Present: Supervisor Ludington
OLD BUSINESS
Review and approval of November 5, 2008 minutes
Chairman Maier asked for any comments, discussion or corrections. Chairman Maier stated that there were no attachments to the minutes. Secretary Lenzo will make copies of them. There were the notes from Boardmember Lenzo with regard to the Bottino case. Chairman Maier would like on page 2, last paragraph, last sentence to read Engineer plans for the ZBA aren't usually needed except for the house.
Boardmember Brady made a motion to accept the November 5, 2008 minutes with changes. Boardmember Vicari seconded.
Roll Call: Maier - aye, Vachon - aye, Vicari - aye, Brady - aye
Motion passed unanimously.
NEW BUSINESS
Chairman Maier would like the board to look at the 3 laws that the Town has proposed. The ZBA is not required to provide any input to the Town. In the past, the ZBA has been invited by the Town as a courtesy to provide input.
Boardmember Lenzo arrived.
Zoning Text Change - B-1 and B-2 uses in Industrial District. It seemed rather vague. Supervisor Ludington explained that this was to help future development in the Airport Corridor and in the whole town of Maine. The board questioned "under certain circumstances." It needs to be clarified. Purposely vague so the Planning Board could make determinations of what certain circumstances are. It provides an additional layer of authority by the Planning Board. It gives an opportunity to support businesses for industry.
The ZBA recommends to the Town Board to support this proposal. Boardmember Lenzo made a motion that the ZBA supports the proposed Local Law amendments to the Zoning
Law to allow, under certain circumstances, B-1 and B-2 uses in an Industrial District. BC case 239-2008-197. Seconded by Boardmember Vachon.
Roll call: Maier - aye Vachon - aye Lenzo - aye
Vicari - aye Brady - aye
Motion passed unanimously. A letter and copies will be sent to the Town Board members, and Town Attorney.
Airport Property - BC 239-2008-195 This a proposal to rezone a tax map 075.02-1-31.1 from R-R to Industrial. This is because Broome County would like to develop up at the Airport. What is the benefit that the Town will get? Businesses at the airport aren't inspected by the Town, they are inspected by the County. The Town supplies fire and ambulance which the Town pays for. Perhaps the town could develop a host community thing or payment in lieu of taxes.
The ZBA sees no benefits to the town by approving this and would the county to develop a host community offer. A precedent is set by the landfill with host community money. According to Supervisor Ludington stated that there was no comment from adjoining municipalities.
Boardmember Vachon made a motion that the ZBA unanimously recommends the Town of Maine Town Board deny Broome County's request to rezone this particular property at 2488 Airport Road due to the cost to the Town of Maine with regard to road maintenance, health services, fire/ambulance, other. The ZBA recommends that the Town of Maine enter into negotiations with the County to secure Host Community funding to support the Town's infrastructure. Seconded by Boardmember Brady.
Roll call: Maier - aye Vachon - aye Lenzo - aye
Vicari - aye Brady - aye
Motion passed unanimously. A letter and copies will be mailed to Town Board members, Town Attorney, Planning Board, ZBA members, Code enforcer, Town Clerk, County Legislators Nirchi, Kiebel, and Black.
Off Street Parking and Loading- BC Case 239-2008-196- This law would make businesses compliant. Supervisor Ludington suggested buying Davey Property to make municipal parking. This law would affect new businesses coming into town. Rather than making a new law why doesn't the businesses come for a variance. If the Town wants to make it right, why not enforce the current laws. A municipal parking lot would incur liability insurance and the liability of people walking across Rt 26 - a state highway. If the Code enforcer enforced current laws then a person should come in for a variance, end of issue. This is the job of the ZBA, to issue variances. There is a mechanism already on the books. It needs enforcement and a full time position. The ZBA is being circumventing by the Town Board. A precedent has been established by allowing this business to open without Planning Board approval. Unless the code enforcer denies something, the ZBA does not see any of these cases.
Judge Magill was invited to educate the board in regard to injunctions. A suggestion that there be an educational meeting with all 3 boards be held. Unless there is a jail sentence on the law, the Judge has no power to bring in violators. The Judge was asked what are the repercussions for opening a business without approval? Unless everyone else who is in violation is not cited and this is a selective injunction, then the Judge would have to throw out the case. All the people in violation must be cited, told what they are in violation of and give them time to fix it. The boardmembers would like to hold a meeting with the Judge and all the boards. Judge Magill left the meeting. Chairman Maier stated that each member will get ½ hour towards education.
The Proposed Off street parking and loading law doesn't even address handicapped parking at all. It cannot be more liberal than a State law.
Boardmember Brady made a motion that the ZBA feels the proposed changes to Local Law "Off Street Parking" are unnecessary because there is already a mechanism in place to address off street parking and loading, i.e. variances. Seconded by Boardmember Vachon.
Roll call: Maier - aye Vachon - aye Lenzo - aye
Vicari - aye Brady - aye
Motion passed unanimously. A letter will be sent to Town Board members, Town Attorney.
Chairman Maier would like to meet with Town Attorney Insinga, Planning Board members, ZBA members, Code enforcer and Supervisor Ludington. The sooner the meeting is scheduled, the less issues there will be going forward. Are there any audit policies in effect internally to see if procedures are followed as written. Chairman Maier will get in touch with Attorney Insinga to set up a meeting.
EDUCATION
Chairman Maier stated that there is a conflict on the books with regard to the number of education hours that the Planning Board and ZBA members need per year. He stated that it was agreed between Supervisor Ludington and the Town Board that the authority was given to the Chairmen as to what education was approved and that only 4 hours were needed per year. The law in the General Code book states 6 hours and the Town Board has to approve what education is allowed. Chairman Maier would like to know which set of laws should the ZBA follow.
A letter will be sent to the Town Board and Town Attorney stating that the Current General Code, dealing with educational requirements for ZBA and PB members, is in conflict with what the Town Board previously approved.
ANNOUNCEMENTS
3 AD HOC openings for 2009. A letter will be sent to Town Clerk Nancy Rutkowski to advertise for these 3 openings.
ADJOURNMENT
A motion was made by Boardmember Vachon to adjourn the meeting. Boardmember Viccari seconded the motion.
Roll call: Maier - aye Vachon - aye Brady - aye
Viccari - aye Lenzo - aye
Meeting was adjourned at 9:21 p.m.
Respectfully submitted: Date Approved:
Diana Lenzo - Planning Secretary
/ddl
