MINUTES

TOV Zoning Board of Appeals (ZBA) Special Meeting

October 12, 2022

Call to order: 2022 Chairman John Pavelock called the meeting to order at 7:02 pm and led The Pledge of Allegiance to the Flag.

Attendance:

ZBA Members: John Pavelock, Amanda Hewitt, and Joshua O' Kay.

Randy Chandler was unable to attend. There is one vacancy on the board.

Others: Secretary Kathy Pavelock, Liaison Gail Whitham, and Applicant Gary Natali with his engineer Joe Mastroianni. Zoning/Codes Officer Reay Walker was unable to attend.

Minutes Approval:

Amanda Hewitt made a motion to approve the minutes for the September 26, 2022, ZBA Special Meeting. Seconded by Josh O'Kay. Poll Vote: Josh O'Kay-Aye, Amanda Hewitt-Aye, John Pavelock - Aye, Randy Chandler - Absent, Vacancy - n/a. Motion Carried.

Correspondence:

Secretary Pavelock summarized the correspondence since the last ZBA meeting in September including coordination for this meeting and receiving a letter from Zoning/Codes Officer Reay Walker regarding VAR2022- l. A copy of the letter was provided to the applicant for VAR2022- l and to each member of the ZBA. A copy is attached to these minutes.

Public Hearings:

VAR2022-01 Natali, Gary requesting a temporary variance for Zoning Law Section 1130A. The applicant is requesting to have only one access road during the early phase of his plan to expand the existing North Shore Estates mobile home park. The law requires two access roads for mobile home parks with 20 or more sites. Location: 234 Beach Rd;

Tax Map# 214.000-1-59; Zone : RR-2.

John Pavelock made a motion to open the public hearing, seconded by Amanda Hewitt. Poll vote: Josh O'Kay - Aye, Amanda Hewitt - Aye, John Pavelock - Aye,

Randy Chandler -Absent, Vacancy- n/a. Motion Carried at 7:10.

Chairman Pavelock asked if there was anyone present that would like to comment on VAR2022- l. The ZBA asked the applicants if there were any comments on the letter from Zoning/Codes Officer Reay Walker. The applicants had no comments. There were no comments from the public.

Josh O'Kay made a motion to close the public hearing, seconded by Amanda Hewitt. Poll vote: Josh O'Kay - Aye, Amanda Hewitt - Aye, John Pavelock - Aye,

Randy Chandler-Absent, Vacancy- n/a. Motion Carried at 7:12.

Unfinished Business:

VAR2022-01 Natali, Gary requesting a temporary variance for Zoning Law Section 1130A. The applicant is requesting to have only one access road during the early phase of his plan to expand the existing North Shore Estates mobile home park. The law requires two access roads for mobile home parks with 20 or more sites. Location: 234 Beach Rd;

Tax Map# 214.000-1-59; Zone: RR-2.

The ZBA asked the applicant if there was anything new that they would like the board to know about the project. The applicant was asked about the actual width of the existing road. Mr. Natali stated that he did not measure the road, however based on the site plan and his personal observations, he estimates it to be 25 feet wide.

TOV ZBA Meeting Minutes - October 12, 2022

The board also asked other questions to clarify the plans for the model unit:

• The model unit (a singlewide mobile home) will be set at planned new site #1.

• The model unit will not be put on a pad and it will not be livable.

• The ground where the model unit will be placed will be leveled and the wheels will not be removed.

• The model unit will use an existing electric node that is currently next to the planned new site #1 and will only require a 20-amp service to power lights.

The ZBA discussed the letter from the Zoning/Codes Officer Reay Walker regarding

VAR2022- l. The ZBA will consider the recommendations with their decision..

The ZBA discussed and clarified time frames for temporary variances and the difference between area and use variances. VAR2022-1 is a request for an area variance. The time frame for a temporary variance can be determined by the ZBA.

John Pavelock made the motion to conditionally approve a temporary area variance for 234 Beach Rd, Tax Map# 214.000-1-59 for a period of time not to exceed two years from the date of issuance with the following conditions:

1. Only a model unit shall be allowed to be set on proposed lot #1.

2. The model unit shall be for display purposes only and habitation in this unit is prohibited.

3. The only utilities for the model unit shall be electric for lights and smoke detection used when the unit is open for inspection or public display.

4. The model unit shall remain on it's wheels and parked in the display area with suitable ground preparations made to prevent sinking. NOTE: This is not a full foundation.

5. There shall be no additional habitable units added to the park beyond the existing10 units until a second means of access is provided.

Seconded by Amanda Hewitt. Poll Vote: Josh O'Kay - Aye, Amanda Hewitt -Aye,

John Pavelock-Aye, Randy Chandler-Absent, Vacancy- n/a. Motion Carried.

A letter will be prepared with the conditional approval. The letter will be sent to the applicant, planning board, codes officer, and property file. The letter will allow the applicant to continue to pursue a special use permit for expanding the North Shore Mobile Estates.

New Business: none

Josh O'Kay made a motion to adjourn, seconded by Amanda Hewitt. All in favor. Motion Carried at 7:55 PM.

Minutes Prepared by: Kathy M Pavelock Isl ZBA Secretary

TOY ZBA Meeting Minutes-October 12, 2022 2

TOWN OF VIENNA

Codes Enforcement Otlice

PO BOX 250, 2083 STATE ROUTE 49 NORTH BAY, NEW YORK 13123

(315) 245-2191 OR (315) 245-2199

FAX (315) 245-3308

TDD 711

codesofficer@tovlookup.org

Date: October 12, 2022

To: Town of Vienna Zoning Board of Appeals From: Reay Walker, Code Enforcement Officer Re: 234 Beach Road

Dear Board Members,

I apologize for being unable to attend this meeting due to a scheduling conflict.

It is my understanding that Mr. Natali has approached the Planning Board with a proposed expansion of his Manufactured Home Park on Beach Road. As part of this planned expansion, Mr. Natali would like to place a manufactured home on the property for display purposes only.

The Town of Vienna Zoning Law, Section 1130A, requires a manufactured home park having more than 20 manufactured homes to have at least two independent access roads. This park is currently, pre­ existing, nonconforming as there is only one access road into the park. The addition of any other units would increase the previously existing nonconformity and as such the Planning Board has referred the matter to this Board for review.

It is my understanding that Mr. Natali has discussed placing the display unit either on lot one of the proposed new sites or to place it in the grass area parallel to Beach Road and adjacent to the current entrance.

Though I am not opposed to him placing a display unit in either location I do believe that the second option, closer to the road would lessen any increase in nonconformity as there would be greater access for fire and emergency service personnel which I believe is the intent of the law.

A few items that I believe that should be considered in making your decision would include :

• The unit is for display only and not for human habitation.

• The only utility allowed to be connected to the unit is electricity to allow for lights and smoke detection when the unit is open to the public for display.

• The unit needs to be installed on a NYS Code compliant foundation

• No other manufactured homes may be added to the park until a second means of access has been provided.

• An expiration date for the variance, maybe one year, with the possibility of an extension if reasonable progress is being made with the proposed expansion.

I know I do not have all of the details of this project and these are just some ideas that I would ask you to consider along with the other information that you will be provided .

Please feel free to contact me any tinie if you would like to discuss this in more detail.

Respectfully,

Reay W. Walker

Code Enforcement Officer