Minutes
ZONING BOARD OF APPEALS
OCTOBER 2010
AT A HEARING AND MEETING OF THE ZONING BOARD OF APPEALS (ZBA) DULY HELD ON THE 27TH DAY OF OCTOBER 2010, THE FOLLOWING MEMBERS WERE PRESENT: Selena H. Belser, Janice E. Monnat, Michael S. Rice, and Brian S. Mellis
Officials/Staff:
Deputy Clerk Dinah A. Scram
Public Attendance:
Paul Adam, Phyllis Upton, and Donald Merritt, Village Residents
David Antonucci, Attorney representing Michael Fiumano
Subsequent to introduction of the Board Members and welcoming new member Brian Mellis, Chairperson Belser identified a quorum present and called the meeting to order at 7:00 p.m..
Public Comment:
Lake Street residents Paul Adam and Phyllis Upton questioned the Board with regard to the Black Hole Lodge operating illegally at 136 Lake Street. The property, owned by Clifford Leinonen, is advertised on the internet as a lodge offering weekly and monthly rentals. Adam and Upton reminded the Board that the property is located within the restrictive Residential R-1 zone and that such uses are not permitted. Clerk Scram shared knowledge with the residents that Zoning and Code Enforcement Officer (ZEO/CEO) has been made aware of the situation. Additionally, the Board made the residents aware that the matter could not be addressed by their Board at this time and suggested that the residents discuss the zoning violation further with Brodeur.
Agenda Item #1
Minutes
Upon motion duly made by Member Monnat, seconded by Member Rice and carried, the minutes of September 22, 2010 were approved as written. All members present voted in favor of the motion.
Agenda Item #2
Activity Reports
The Board reviewed the September 2010 Zoning and Building Report as submitted by ZEO/CEO Richard Brodeur.
Other Business
On behalf of Michael Fiumano, Attorney David Antonucci requested that the Board vote on an area variance to rebuild the Fish-on-Motel closer to the road than 55' from the center of Salina Street.
The Board provided Antonucci with the history of the application since its submittal on April 16, 2010 and clarified for him that the Village has been working with Fiumano to obtain a better site plan and missing documentation in order to make a well-informed determination. However, Antonucci suggested both verbally and by letter dated October 27, 2010 that as the reconstruction does not alter the use or area of the structure, the Board must vote on the application before it and that the Board does not have the power to request a use variance to expand the non-conforming structure.
Chairperson Belser made Antonucci aware that the Board has not required Fiumano to submit a use variance application but that it is the understanding of the Board that ZEO/CEO Brodeur discussed that issue with Fiumano prior to submittal of the application. However, it was discovered at the September 2010 meeting that the application submitted in April did not include a use variance request. As a result, Village Attorney Genant was requested by the Board to research the law and offer a determination as to whether or not the Board can vote on the area variance without first voting on a use variance or if Fiumano must first submit a use variance application.
Member Rice shared knowledge with Antonucci that the Planning Board, ZBA, or Brodeur have not seen plans confirming that the area of the structure will not change. Furthermore, Attorney Genant has not presented the Board with results of research requested by the Board at the September 2010 meeting.
As requested by Antonucci, the Board voted as follows -
Members Belser, Monnat, and Rice voted not to vote on the application as each felt unprepared to make a decision without Attorney Genant present and the results of the his research. Additionally, Member Mellis communicated to Antonucci that this meeting was his first as a member of the Board and that he has not yet read through all the material, and, therefore, abstains from voting at this time.
Member Rice communicated that he felt threatened by Antonucci forcing a vote without the Village's legal council present and his repetitive comments that he may have to contact the Supreme Court for a judicial remedy. Antonucci was insulted by the comment and suggested that Rice was threatened as a result of his own actions. Member Monnat assured Antonucci that the Board is not intentionally burdening contractors and property owners with undue hardship, but rather acting to protect all involved parties. Further, Clerk Scram shared knowledge with Antonucci that the Village Office has had contact with Fiumano's engineer and accountant and numerous hours of conversation with Fiumano to help his understanding of the situation and to make the process less confusing.
Clerk Scram brought to the attention of the Board that prior to the meeting Fiumano provided her with copies of financial documentation as requested by the Board at the August 2010 meeting.
There being no further business to bring before the Board, the meeting was adjourned at 7:55 p.m. upon motion duly made by Member Monnat, seconded by Member Mellis and carried.
Minutes Presented to and Approved by the Board on November 17, 2010
Dinah A. Scram
