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Regular Meeting – March 28, 2016

 Town of Homer Zoning Board of Appeals

Minutes for Wednesday, March 28, 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:  Lynn Hughston, Marc Hughston

Public Hearing

Acting Chairman Gustafson opened the public hearing for an application by Lynn Hughston for a use variance to convert an existing barn into a one-bedroom apartment. The property is located on the north side of NYS Route 41 approximately 250 feet southeast of the NYS Route 41/Brake Hill Road intersection and is zoned residence.

The applicant stated there is currently an office and bathroom in his garage and he would like to add kitchen and bathroom space to create a one-bedroom apartment. Mr. Hughston stated he plans to occupy the apartment and rent the upstairs of his existing home.

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

Regular Meeting

Acting Chairman Gustafson opened the public hearing for an application by Lynn Hughston for a use variance to convert an existing barn into a one-bedroom apartment. The property is located on the north side of NYS Route 41 approximately 250 feet southeast of the NYS Route 41/Brake Hill Road intersection and is zoned residence.

Attorney Snyder read the letter from the Cortland County Planning Board, which stated that the board recommended approval of the application contingent upon the following:

  1. The applicant showing that applicable zoning regulations and restrictions have caused unnecessary hardship as is required before any use variance may be granted.
  2. The applicant obtains written confirmation from the Cortland County Health Department that the existing well and septic system on site is adequate for use by a second dwelling unit.
  3. Compliance with SEQR requirements.

The applicant stated that his wife has dementia and this project is necessary for him to be able to work less and have the ability to stay home to care for her.  The applicant also stated that the original septic plan was provided to the code enforcement officer. The original septic system was designed for a four-bedroom household and the garage already has an existing bathroom.

The board members agreed that the necessary hardship had been met and the original septic plans allowed for the one additional bedroom.

Attorney Snyder stated that this could classify as a Type 2 action under SEQR and therefore a short environmental assessment form would not be needed.

Member Miller made the motion to declare the use variance as a Type 2 action under SEQR as the proposal is a listed exemption. Member Young seconded the motion.  With all members in favor saying “aye”, none opposed and none abstained. The motion was carried unanimous 5,0,0.

Member Neuman made the motion to approve the use variance. Member Miller seconded the motion. With all members in favor saying “aye”, none opposed and one abstained. The motion was carried unanimous 5,0,0.

Adjournment

The meeting was adjourned at 7:00pm.

Lindsay M. Andersen, Recording Secretary