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Regular Meeting – May 18, 2010

Town of Homer Zoning Board of Appeals

Minutes for Tuesday, May 18, 2010

Board Members  (absent *)                                       Others Present

Gary Lawrence, Chairman                              Lindsay Kemp, Recording Secretary

David Deasy                                                    John Daniels, CEO

Ronald Boyden                                                            Pat Snyder, Attorney

Kenneth Poole*

Chad Butts*

Daniel Gustafson

Gerald Neuman

Public Attendance:  Wayne Guy, Ed Beard, James Beard, Joseph Gilbert, Denise Gilbert, Peter Moore, Brian Guy, Donald Chambers

 Public Hearing

Chairman Lawrence opened the public hearing to consider an application by Joseph and Denise Gilbert to increase the size of their boarding kennel at 5640 US Route 11 to house an additional 20 dogs.

Mr. Gilbert stated that they have seen an increase in business although he does not anticipate harboring 40 dogs at one time they may have more than 20 dogs on a busy holiday weekend.

Member Gustafson stated that he had spoken to all of the neighbors and their only concern was that the dogs continue to be let out behind the barn in the fenced in area.

Mr. and Mrs. Gilbert stated that will be the only area that they will be letting the dogs outside.

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

Chairman Lawrence opened the public hearing for an application by Edwin Beard to mine sand and gravel up to 25 feet from East River Road.

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

Regular Meeting

Jim Beard presented the maps to the Board for review. He stated that he has piled a lot of topsoil around the perimeter, which is 25 feet from the road.

Jim Beard stated that the new Zoning Law allows him to mine within 75 feet of the road which may work, but the 25 feet would be preferable for his reclamation purposes. Jim Beard stated that he cannot mine where the previous landfill was, and his mining plans avoid that area.

Member Deasy asked Jim Beard where he would like to mine to. Jim Beard stated that he would only like to mine within 25 feet of the road in one area. This area is where is has piled topsoil which is blocking the view. After he has completed mining the area he will be grading the two areas together. He also stated that the old Zoning Law only allowed him to mine up to 250 feet of the road and he could not work with that.

Mr. Beard stated that he placed the topsoil 25 feet from the edge of the road and did not use the center line.

Wayne Guy stated that he resides across the road from the Beard’s. He stated that he read in 1957 the land was the Town dump. Mr. Guy stated that his only concern is that the Beard’s do not disturb the old landfill.

Donald Chamber, Cortland County Highway Superintendent stated that he needs to review the plans and make sure that there would be no adverse impacts to the county highway.

Member Gustafson made the motion to accept the meeting minutes from the December 2, 2008 meeting. Member Boyden seconded the motion. With all members in favor saying “aye”, none opposed and none abstained. The motion was carried unanimous 5,0,0.

Member Gustafson made the motion to approve the request to harbor additional dogs under the existing special permit and declare a negative declaration under SEQR. Member Deasy seconded the motion. With all members in favor saying “aye”, none opposed and none abstained. The motion was carried unanimous 5,0,0.

Chairman Lawrence stated that he feels that the DEC should be more involved.

Donald Chambers stated that the 25 feet of right of way is from the center line.

There was a discussion about the Beard project, which will require a special permit. Attorney Snyder explained that he cannot represent either the applicant or the Board due to a conflict of interest.  Jim Beard stated that the DEC has no issues with his proposed plans.

Mr. Beard agreed to provide a plan showing the limits of where he proposes to mine.  The plan must be submitted to the ZBA for their approval of a variance before it can be approved by the Planning Board. The plan will also be submitted to the county Highway Department for their review. The county highway right of way is 3 rods (49.5 feet) in width.

Chairman Lawrence made the motion to table the application until the matter is reviewed by the County. He also stated that there needs to be a definitive point on the map of where the Beards would like to mine to. Member Neuman seconded the motion. With all members in favor saying “aye”, none opposed and none abstained. The motion was carried unanimous 5,0,0.

Adjournment

The meeting was adjourned at 8:20pm.

Lindsay M. Kemp, Recording Secretary