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Regular Meeting – August 22, 2018

 Town of Homer Zoning Board of Appeals

Minutes for Wednesday, August 22, 2018, 2018 at 6:30pm

Board Members  (absent *)                                       Others Present

Gary Lawrence, Chairman                              Lindsay Andersen, Recording Secretary

Jon Miller                                                        John Daniels, CEO

Gary Sweeney                                                 Pat Snyder, Attorney

Joseph Gilbert*

Zachary Young

Daniel Gustafson

Gerald Neuman

Public Attendance:  Jason Kristoff

Public Hearing

Chairman Lawrence opened the public hearing for an application by Jason Kristof for a use variance to operate a farm brewery in the residential district at 722 State Route 90, tax map no. 65.00-06-02.000.

The applicant stated that he would like to operate a farm brewery at his residence with a small tasting room but in order to obtain his farm brew license he will need to first obtain the use variance from the Town of Homer Zoning Board of Appeals to show that he is in compliance.

He stated that he owns a total of 15.8 acres and would like to construct a 40×80 foot building to operate the farm brewery and approximately 1600 feet of the building would be used for the tasting room. He stated that he has 650 feet of road frontage.

Jason Kristof stated that he currently has one driveway that he uses to access this area of his property but plans to apply for one additional driveway with NYS which is a process that he already completed for the current driveway.

The applicant stated that when he bought the property in 2000 the property was not zoned residential but he was not aware that the zoning had been changed until this situation came about.

Eileen Pryor-Foley lives on Foster Road and stated that she is concerned about there being a business on Route 90 as it is a highly traveled road. She stated she is also concerned about the alcohol consumption that will take place at the business and she is also concerned that if a business of this nature is allowed in a residential area it will set a precedent for future businesses in residential areas.

Member Sweeney stated that microbreweries are a growing trend and feels that there will be more of these types of situations in the future. The applicant stated that he is aware that 90% of the ingredients must be grown in NYS by 2024 but he believes that NYS alone will not be able to keep up with the demand due to climate and the requirement is likely to be amended by that time.

Attorney Snyder stated that the Homer Town Board has asked for some recommendations to change the zoning on farm and microbreweries which will be discussed at the planning board meeting.

The applicant stated that depending on the outcome of that meeting and the recommendations he may need to apply for a temporary conditional permit so that he is able to obtain his farm brew license.

With no further questions or comments from the public the public hearing was closed.

Regular Meeting

Chairman Lawrence opened the regular meeting.

Member Neuman made the motion to approve the March 28, 2018 meeting minutes. Member Sweeney seconded the motion. With all members in favor saying “aye”, none opposed and none abstained. The motion was carried unanimous 6,0,0.

Chairman Lawrence opened discussion for an application by Jason Kristof for a use variance to operate a farm brewery in the residential district at 722 State Route 90, tax map no. 65.00-06-02.000.

Chairman Lawrence completed Part 2 of the Short Environmental Assessment form with the board members and it was determined there are 2 moderate impacts.

Member Gustafson made the motion there is not enough impact to require an environmental impact statement and to proceed with a negative declaration.  Member Neuman seconded the motion. With all members in favor saying “aye”, none opposed and none abstained. The motion was carried unanimous 6,0,0.

Chairman Lawrence stated that in order to obtain a use variance the applicant needs to prove that the property is unable to be used for any other allowed purpose as it is currently zoned. He stated he feels that this hardship is self-created.

The criteria for issuing a use variance were passed around and discussed.   Attorney Snyder stated that court cases clearly require that each of the 4 criteria listed must be documented before a use variance can be approved.

Member Neuman made the motion to deny the use variance. Member Miller seconded the motion. With all members in favor saying “aye”, none opposed and none abstained. The motion was carried unanimous 6,0,0.

Mike Park was present and stated that he submitted an application for a proposed subdivision that he thought would make it to tonight’s agenda but it was not listed. Attorney Snyder stated it more than likely was not received in time to be submitted to the county and will be on next month’s agenda for a public hearing.

Member Miller is Mike’s son-in-law and presented the proposed subdivision to the board members and showed them a map of a lot located on Mike Park’s property that they wish to subdivide out and put in their own name. However, there is not a feasible way to make a 2.4 acre lot.

Attorney Snyder stated that the request would be considered an area variance as well as a subdivision.

The board stated they did not see any future concerns with the map as they were presented but will further discuss the matter at next month’s meeting.

Adjournment

The meeting was adjourned at 7:00pm.

Lindsay M. Andersen, Recording Secretary