Town of
Huron
Minutes

April 13, 2021: Zoning Board of Appeals Minutes - Regular Meeting

Body:

Minutes subject to approval:

 

Proceeding
Meeting called to order at 7:02 p.m. by Chairman Bob Lannon.

Flag Salute
David Fantuzzo led the Flag Salute
   
Welcome
Chairman Bob Lannon welcomed everyone.
   
Roll Call      
Upon roll call the following members were present: Chairman Bob Lannon, Tom Hamilton, Amy Connelly, David Fantuzzo, Gordon Smith, Shelly Cahoon and Jeff Simonet absent.
     
Others Present:  Building Inspector Roger Gallant, Clerk Diane Bean.  

Guests:  Chris Howk, Mike Severn, Chris & Robin Scholla, Terrence Palis, Karen Lynch
   
Minutes:
A motion was made by David Fantuzzo, seconded by Amy Connelly to approve the minutes of the March 9, 2021 meeting. 6 in favor, and Jeff Simonet absent.
 
     VOTE:       AYES: 6      NAYS: 0       ABSTAIN: 0       ABSENT: 1
      
Tabled Application:

1036-21SP by Chris Howk of Pittsford, NY for the property at 9403 Tosch Rd. to remove existing 8’ x 8’ shed and replace with a 10’ x 18’ storage structure. The Town of Huron Zoning Law Section 4.2 Schedule of Regulations and 4.2.2.1 Schedule of minimum areas and yards requires storage structures in the Resort district shall not to be allowed unless a Special Permit is granted by the Zoning Board of Appeals.

Chris Howk  explained that he has marked out the alternate location plan for the new shed.  It is closer to the road and still on the east side of his property. He believes this will address the view concern of his neighbor.  The new placement is 62’ from the break wall and 4.5’ from the lot line.

Bob Lanno
n asked Mike Severn the neighbor if he was ok with where Chris wanted to place the new shed. He said “Yes”.

David Fantuzzo read the LWRP recommendation letter.

Bob Lannon closed the public hearing: All in favor.

All members have reinspected and/or are familiar with the site. Upon completion of Finding of Facts Gordon Smith moved, seconded by David Fantuzzo to approve the revised application with the following stipulations, place the new shed 62’ from front of the break wall and 4.5’ from the lot line.

     VOTE:       AYES: 6      NAYS: 0       ABSTAIN: 0       ABSENT: 1

New Applications:

1041-21A: by Chris and Robin Scholla of Wolcott, NY for the property at 7841 North Huron Rd. to build a 36’ x 40’ pole barn 20’ from the north property line. The Town of Huron Zoning Law Section 4.2.2.1 requires all structures in the A5A district to comply with a minimum of 50 ft. side yard setbacks unless granted a Variance by the Zoning Board of Appeals.

Gordon Smith moved, seconded by Amy Connelly, that the Board find this request for Area Variance to be a Type II action of section 617.5 (c) (12) of SEQRA, having no significant environmental impact.

     VOTE:       AYES: 6      NAYS: 0       ABSTAIN: 0       ABSENT: 1

Chris & Robin Scholla  each addressed the Board regarding their application, but were uncertain as to placement relative to the lot line.  Bob Lannon suggested a 15’ setback, to which they agreed.

Bob Lannon asked if there was anybody here to speak on behalf of the applicant or in opposition of the application. There wasn’t anyone present.

David Fantuzzo read the LWRP recommendation letter.

Bob Lannon closed the public hearing: All in favor.

All members inspected and/or are familiar with the site. Upon completion of Finding of Facts Tom Hamilton moved, seconded by David Fantuzzo to approve the application with a minimum of a 15’ setback on the northeast corner where the new structure will be placed.

     VOTE:       AYES: 6      NAYS: 0       ABSTAIN: 0       ABSENT: 1

1042-21A: by Terrence & Alina Palis of Rochester, NY for the property at 8294 West Port Bay Rd. to subdivide an existing parcel into three separate lots. The Town of Huron Zoning Law Section 4.2.2.1 Schedule of Minimum Areas and Yards in the Resort District requires all lots to be a minimum of one acre and have a lot width of 100 feet unless granted a Variance by the Zoning Board of Appeals.

Amy Connelly moved, seconded by Gordon Smith, that the Board find this request for Area Variance to be a Type II action of section 617.5 (c) (16) of SEQRA, having no significant environmental impact.

     VOTE:       AYES: 6      NAYS: 0       ABSTAIN: 0       ABSENT: 1

Terrence Palis explained his desire to subdivide his parcel, leaving less to maintain. He wants to take a 28’ strip of land with Bay frontage, on the north side of his house and add it to the parcel across the road to sell or give to his children. It was also stated that the small strip will need to have stipulations placed upon it; no driveway, no parking, only a 50 sq. ft. shed can be placed by the water and that the two parcels will be forever one.

Bob Lannon asked if there was anybody here to speak on behalf of the applicant Karen Lynch was present but did not wish to speak.

David Fantuzzo read the LWRP recommendation letter.

Bob Lannon closed the public hearing: All in favor.

All members inspected and/or are familiar with the site. Upon completion of Finding of Facts Amy Connelly moved, seconded by David Fantuzzo to approve the application with the following restrictions (1) No structure larger than a 50 sq.ft. shed can be placed on the 28’ strip lower flat area adjacent to Port Bay; (2) No driveway or parking allowed; and (3) The two pieces comprising the newly created parcel are forever one and cannot be sold separately.

     VOTE:       AYES: 6      NAYS: 0       ABSTAIN: 0       ABSENT: 1

1040-21A by Andrew & Carol Traister of Greenville, IN for the property at 7306 Phelps Ave. to put an addition on the existing deck that will be 9’6” from property line. The Town of Huron Zoning Law Section 4.2.2.1 requirements in the Resort District need to comply with a minimum of a 10 ft. side yard setback from your lot line unless granted a Variance by the Zoning Board of Appeals.

Gordon Smith moved, seconded by Tom Hamilton, that the Board find this request for Area Variance to be a Type II action of section 617.5 (c) (12) of SEQRA, having no significant environmental impact.

     VOTE:       AYES: 6      NAYS: 0       ABSTAIN: 0       ABSENT: 1

Bob Lannon asked if there was anybody here to speak on behalf of the applicant or in opposition of the application. There wasn’t anyone present to speak.

David Fantuzzo read the LWRP recommendation letter.

Bob Lannon closed the public hearing: All in favor.

All members inspected and/or are familiar with the site. Upon completion of Finding of Facts David Fantuzzo moved, seconded by Amy Connelly to approve the application with the following stipulations: (1) Railings must be 36”; and (2) Deck cannot be covered.

     VOTE:       AYES: 6      NAYS: 0       ABSTAIN: 0       ABSENT: 1

Other business:
None.

Adjournment:   Bob Lannon adjourned the meeting at 7:57 p.m.  

Diane Bean, Zoning Board Clerk