Village of Ogden Zoning Board of Appeals met November 7

By Philip Gonzales

Jan 10, 2020

Village of Ogden Zoning Board of Appeals met Nov. 7.

Here is the minutes provided by the board:

Members Present

Jill Cordts

Aaron Baker

Frank Cleere

Jack Crooks

Jared Hirt

Members Absent

Josh Hinman

Others Present

Patrick Smith, Building Inspector

Keith O’Toole, Zoning Board Attorney

Michelle Laske, Building Clerk

Robert & Bonnie Lewis

Richard & Judy Inclima

Gary Wiest

Chang Tae

Bill Cranker

Joseph Sullivan

Paul Ferranti

Sam & Claire Utter

Gerald Niedermeier

Barb Strine

This meeting was published in the Sunday, October 27, 2019 edition of the Suburban News.

The Ogden Zoning Board of Appeals was called to order at 7:00 PM.

I. PLEDGE OF ALLEGIANCE

Ms. Cordts mentioned all emergency exits and general procedures.

II. OLD BUSINESS:

1. Appeal of Paul & Tracy Ferranti, 44 Clearview Drive, Spencerport, NY 14559, to appeal the decision of the Building Inspector’s revocation of the previous Zoning Board approval. Such appeal may be taken by any person wishing to appeal any order, requirement, decision or determination made by an administrative official and may apply for a hearing before the Zoning Board of Appeals. This, pursuant to Chapter 300-108 of the Code of the Town of Ogden. Tax Acct #086.08-2-29

Resolution #1

PLEASE TAKE NOTICE that at a meeting of the Ogden Zoning Board of Appeals held on November 7, 2019, it was RESOLVED, that the Zoning Board of Appeals finds that the variance granted in the Notice of Decision dated October 5, 2018 is still in effect.

Motion: Mr. Baker

2nd: Mr. Crooks

Vote of the Board

Ayes: Baker, Cleere, Cordts, Crooks, Hirt, Strine

Nays: None

Absent: Hinman

Motion for Approval: Ms. Cordts

2nd: Mr. Crooks

Vote of the Board

Ayes: Baker, Cleere, Cordts, Crooks, Hirt, Strine

Nays: None

Absent: Hinman

1B. approval on property located at same, to allow a pole barn that had originally received approval for 20’ x 30’ (600 sq. ft.) but to remain as constructed as 24’ x 32’(768 sq. ft.) pole barn, whereas, the maximum sq. ft. allowed for an accessory building is 1%, which on this parcel equals 219 sq. ft., pursuant to Chapter 300-28 F (3)(b) in a R-1 Residential District. Tax Acct. #086.08-2-29

\Resolution #1B

PLEASE TAKE NOTICE that at a meeting of the Ogden Zoning Board of Appeals held on November 7, 2019, the appeal was granted Approval with the following conditions:

 That the area variance for the accessory building shall be no more than 24’ x 25’ (600 sq. ft.) and shall be constructed and installed to professional standards and is to be well maintained;

 That the accessory building not be used for commercial activity;

 That any exterior lighting be limited to motion sensored, no dusk to dawn or mercury vapor lighting;

 That the landscaping around the building is also well kept and maintained;

 That a building permit be obtained from the Building Department prior to commencing construction.

Motion for Approval: Ms. Cordts

2nd: Mr. Crooks

Vote of the Board

Ayes: Baker, Cleere, Cordts, Crooks, Strine

Nays: Hirt

Absent: Hinman

III. PUBLIC HEARING

2. Appeal of Gary Wiest of Embassy of Christ Bible Church to renew a Special Use permit to allow a church use in a Light Industrial District at 3900 Buffalo Road, Rochester, NY 14624, whereas, similar uses not specifically permitted must apply to the Zoning Board of Appeals for conditional use approval, pursuant to Chapter 300-34 D in a Light Industrial District. Tax Acct. #132.02-1-1.1

Resolution #2

PLEASE TAKE NOTICE that at a meeting of the Ogden Zoning Board of Appeals held on November 7, 2019 the appeal was granted approval with the following conditions:

 This Special Use permit renewal is granted for a period of five (5) years and will expire on November 7, 2024.

Motion: Mr. Baker

2nd: Mr. Cleere

Vote of the Board

Ayes: Baker, Cleere, Cordts, Crooks, Hirt, Strine

Nays: None

Absent: Hinman

Motion for Approval: Ms. Cordts

2nd: Mr. Hirt

Vote of the Board

Ayes: Baker, Cleere, Cordts, Crooks, Hirt, Strine

Nays: None

Absent: Hinman

3. Appeal of Grant Pettrone, 9 Pettrone Terrace, Spencerport, NY 14559, for two (2) area variances on property located at same, to correct the original accessory structure height dimension to 23 feet and to adjust the size of the accessory structure porch to 256 square feet for a new total of 2,944 square feet, whereas, no accessory structure height shall exceed 15’ and whereas, no accessory building may exceed 600 square feet total and, respectively pursuant to Chapter 300-28 F (4) (b) and Chapter 300-28 F (3) (b) in an R-1 Residential District. Tax Acct #117.01-2-43.12

Resolution #3

PLEASE TAKE NOTICE that at a meeting of the Ogden Zoning Board of Appeals held on November 7, 2019, the appeal was granted Approval with the following conditions:

 That the accessory building be constructed and installed to professional standards and is to be well maintained;

 That the accessory building not be used for commercial activity;

 That any exterior lighting be limited to motion sensored, no dusk to dawn or mercury vapor lighting;

 That the landscaping around the building is also well kept and maintained;

 That a building permit be obtained from the Building Department prior to commencing construction.

Motion: Mr. Baker

2nd: Mr. Crooks

Vote of the Board

Ayes: Baker, Cleere, Cordts, Crooks, Hirt, Strine

Nays: None

Absent: Hinman

Motion for Approval: Ms. Cordts

2nd: Ms. Strine

Vote of the Board

Ayes: Baker, Cleere, Cordts, Crooks, Hirt, Strine

Nays: None

Absent: Hinman

Appeal of Chang Bo Tae, 763 Stony Point Road, Spencerport, NY 14559, for two (2) area variances on property located at same, to construct a 40’ x 40’ accessory building with a height of 20’ tall, whereas, no accessory building may exceed 600 square feet total and whereas, no accessory building height shall exceed 15’, respectively pursuant to Chapter 300-28 F (3) (b) and Chapter 300-28 F (4) (b) in an R-1 Residential District. Tax Acct #131.01-1-1

Resolution #4

PLEASE TAKE NOTICE that at a meeting of the Ogden Zoning Board of Appeals held on November 7, 2019, the appeal was granted Approval with the following conditions:

 That the accessory building be constructed and installed to professional standards and is to be well maintained;

 That the accessory building not be used for commercial activity;

 That any exterior lighting be limited to motion sensored, no dusk to dawn or mercury vapor lighting;

 That the landscaping around the building is also well kept and maintained;

 That a building permit be obtained from the Building Department prior to commencing construction.

Motion: Mr. Baker

2nd: Mr. Hirt

Vote of the Board

Ayes: Baker, Cleere, Cordts, Crooks, Hirt, Strine

Nays: None

Absent: Hinman

Motion for Approval: Ms. Cordts

2nd: Mr. Crooks

Vote of the Board

Ayes: Baker, Cleere, Cordts, Crooks, Hirt, Strine

Nays: None

Absent: Hinman

5. Appeal of Robert & Bonnie Lewis, 889 Chambers Street, Spencerport, NY 14559, for one (1) area variance to construct a 12’ x 40 awning addition to the existing accessory building, whereas, no accessory building may exceed 600 square feet total, pursuant to Chapter 300-28 F (3) (b) in an R-1 Residential District. Tax Acct #160.03-2-3

Resolution #5

PLEASE TAKE NOTICE that at a meeting of the Ogden Zoning Board of Appeals held on November 7, 2019, the appeal was granted Approval with the following conditions:

 That the accessory building be constructed and installed to professional standards and is to be well maintained;

 That the accessory building not be used for commercial activity;

 That any exterior lighting be limited to motion sensored, no dusk to dawn or mercury vapor lighting;

 That the landscaping around the building is also well kept and maintained;

 That a building permit be obtained from the Building Department prior to commencing construction.

Motion: Mr. Baker

2nd: Ms. Strine

Vote of the Board

Ayes: Baker, Cleere, Cordts, Crooks, Hirt, Strine

Nays: None

Absent: Hinman

Motion for Approval: Ms. Cordts