MINUTES

TOV Zoning Board of Appeals (ZBA) Special Meeting

April 8, 2021

Call to order: 2020 Co-chairman Rick Mansfield called the meeting to order at 7:01 pm and led The Pledge of Allegiance to the Flag.

Attendance:

ZBA Members: John Pavelock, Rick Mansfield, Amanda Hewitt, and Randy Chandler. There is one vacancy on the board.

Others: Secretary Kathy Pavelock and applicants (S. Michael Steiger and Darec Liebel).

Liaison Mike Davis and Zoning/Codes Officer Reay Walker were unable to attend.

Minutes Approval:

A motion was made by Amanda Hewitt, seconded by John Pavelock to approve the December 3, 2020 special meeting minutes. Poll Vote:

John Pavelock - AYE Amanda Hewitt - AYE Randy Chandler – AYE Rick Mansfield - AYE Vacancy – n/a Motion carried.

Correspondence:

Jeff Austin Resignation; Updated Contact list

Training Opportunities and Required Training; 2021 Training Status Comprehensive Plan 2020

Proposed Zoning Law Updates 2021

Materials for Var2021-1 Darec Liebel relief for a proposed subdivision

Rick is interested in attending the Required Town Training on 4/13 at the town hall. Kathy will contact Mike Davis to reserve a spot for him.

Amanda is interested in attending the Required Town Training on 4/13 via Zoom. Kathy will send her the registration link.

John asked if his training with his employer will count for this training. It does count and certificates of completion need to be sent to the town for credit.

Public Hearings: None Unfinished Business: None New Business:

2021 ZBA Chairman – Amanda Hewitt made a motion to nominate Rick Mansfield as 2021 ZBA Chairman. Seconded by Randy Chandler. Poll Vote:

John Pavelock - AYE Amanda Hewitt - AYE Randy Chandler – AYE Rick Mansfield - AYE Vacancy – n/a Motion carried.

Var2021-1 Darec Liebel relief for a proposed subdivision at 1528 NYS Rte 49, Tax Map # 235.006-3-7. S. Michael Seiger is an agent for Darec Liebel.

Mr Steiger presented a site plan review at the last Planning Board Meeting. The Planning Board reviewed the proposed subdivision and determined that they would not be able to approve a non- conforming lot created as a result of a subdivision. The applicant was proposing that the lot was a flag lot, however the planning board felt it did not fit the definition. A letter was prepared by the Planning Board to initiate an Appeal to the decision of the Planning Board.

Var2021-1 Darec Liebel (continued)

The ZBA reviewed the materials and discussed the applicant’s current site plan. The current plans were not clearly identified on the site plan including the identification of existing structures, identification of planned structures, and changes to the proposed lot lines. There is currently 290’ frontage for the current lot. The plan is to divide the property into 2 1-acre lots with one lot (Lot 1 with an existing residence) having the required 250’ frontage and the other lot (Lot 2 with a planned residence near the lake) will have a deeded right away to Route 49. This plan will keep Lot 1 as a compliant lot and Lot 2 will be a flag lot. Flag lots are allowed in the town. The ZBA determined that the owner does not need an area variance.

John Pavelock made a motion to send a letter to the Planning Board providing the ZBA’s interpretation for the application of the Zoning Law to this proposed subdivision. Seconded by Amanda Hewitt. The letter will state:

The Zoning Board of Appeals has reviewed the Application for Appeal of the Zoning Law VAR2021-1 for 1528 NYS Route 49; Tax Map # 235.006-3-7.

Upon review of the Zoning Law and discussion with the applicant, the ZBA has determined that the applicant’s revised proposal to maintain a 250’ frontage for the existing residence (Lot 1) and changing access to the proposed Lot 2 (currently no residence) to a flag lot. Creating a flag lot for access to the proposed Lot 2 meets the requirements of Zoning Law Section 590 Flag Lots.

Poll Vote: John Pavelock - AYE Amanda Hewitt - AYE Randy Chandler – AYE Rick Mansfield - AYE Vacancy – n/a Motion carried.

The applicants were advised that this letter will go out immediately to the Planning Board so that they can appear before the Planning Board on April 15 for a new site plan review. The applicants were advised that an updated site plan should be prepared and presented to the planning board.

Having no further business, John Pavelock made a motion to adjourn, seconded by Rick Mansfield. Motion carried at 8:05 pm.

Prepared by:

Kathy M. Pavelock /s/

ZBA Secretary