Town of Phelps Zoning Board of Appeals, Phelps Town Court, January 19, 2017 Minutes –

FINAL

Call to Order

Chairman Scott Fremouw called the meeting to order at 7:00 p.m.

In attendance weremembers Jeff Caves, Joyce Mitchell, Steve Westfall, and Rick Sitterley, Glen Wilkes, alternate, Scott Fremouw, Chairman and Ed Clark, Code Enforcement Officer.

Also present: Michelle Robinette, Gary Palone, Bill Glitch and Betty Fremouw.

Pledge of Allegiance

Board Introductions

Approval of Minutes

The minutes of the December 19,2016 meeting were reviewed. Mr. Caves moved to accept the minutes as written. Ms. Mitchell seconded. The motion passed.

Reviews

AV 16-06: Michelle Robinette was present requesting a pre-made, screened gazebo located in the front yard of her property located at 2299 State Route 14 (63.00-2-43.100) in a C-1 Commercial district pursuant to Chapter 145-65C.

Mrs. Robinette stated that the gazebo is already up on the property and apologized to the board for her ignorance of the town code. She explained that there are two houses located on the site and her motherwho lives in the other house had saved up to purchase the gazebo to enjoy for her leisure but also for the purpose of monitoring her four grandchildren getting on and off the bus on school days. Mrs. Robinette stated that there is no space behind her mother’s house for the gazebo and if it were to be set behind her own home it would have to be located far back in the yard. She further stated that there is a natural gas well located on the property which is the reason for the lot having an odd shape.

Ms. Mitchell asked if any of the neighbors have expressed opposition to the gazebo. Mrs. Robinette replied she has spoken with one of them and they do not. Ms. Mitchell suggested that the applicant obtain letters from her neighbors stating no opposition and submit them to this board at the public hearing in February.

Chairman Fremouw stated that in his opinion the structure is temporary and appears to be a good distance back from the road and does not appear to be a sight hazard for traffic. Mr. Clark stated that no measurement had been taken due to inclement weather. The chairman stated that this application would not require Planning Board review. The board members agreed.

Mr. Caves made a motion to declare a SEQR Type 2 action on this application pursuant to section 617.5(c)(10) “construction, expansion or placement of minor accessory/appurtenant residential structures, including garages, carports, patios, decks, swimming pools, tennis courts, satellite dishes, fences, barns, storage sheds or other buildings not changing land use or density” and 617.5 (c) (15) “minor temporary uses of land having negligible or no permanent impact on the environment.” Ms. Mitchell seconded the motion. Motion passed.

The board anticipates the return of Mrs. Robinette at the February 16, 2017 public hearing and encouraged her to bring letters stating no opposition from her closest neighbors.

Page 2 – Town of Phelps Zoning Board of Appeals, Phelps Town Court, January 19, 2017 Minutes – FINAL

Open Discussion

Mr. Gary Palone was present to discuss certain racing events which he desires to hold at his race track located at 1962 Hayes Road. He explained that the sportsman’s race the board had allowed him to hold in 2016 was rained out and a rain date had not been established. He requested to hold it on July 29, 2017 instead. Chairman Fremouw apologized for not contacting the applicant to establish a 2016 rain date, explained that the permission to hold that race expired with the 2016 racing season and stated that Mr. Palone would be required to apply for a new permit for 2017.

Mr. Palone next brought up the subject of holding a one-time ATV national competition event on Saturday May 20, 2017 with a special practice time to take place the night before. After some discussion the board came to the conclusion that changing the weekly practice night from the usual Wednesday night to Friday night for this one particular week in May would not increase the existing non-conformity of the property and therefore would be appropriate.

Mr. Palone next asked the board permission to hold a demolition derby event in autumn 2017 on property he owns across the road from the race track, adding that he desires to make this location permanent for this particular event. Mr. Clark stated that the property in question is located in a C-1 commercial district, that a demolition derby is considered a form of racing and a racetrack is not a permitted use in any zoning district in the Town of Phelps. After much discussion the board recommends that Mr. Palone approach the Town Board about the possibility of adding the use of a race track into the town code.

Old Business

The board had asked the secretary to look into a number of issues that arose during discussion last month. The secretary reported back the following:

  1. Training
  1. Solar Energy Training – the solar energy training which was scheduled to take place on December 1, 2016 at the Ontario County Training Facility was canceled due to inclement weather and has been rescheduled to take place on Tuesday, March 28, 2017 from 6:00 p.m. to 8:30 p.m. at the Ontario County Safety Training Facility.

All board members present asked the secretary to register them for the event.

  1. Alternate Training Opportunities – the secretary presented the NYMIR training module binder to the board members, adding that she also has a copy available on a USB drive. Ms. Mitchell asked to take the binder home for review for now but would like the convenience of the USB drive. The secretary stated she will bring it to the next meeting.
  1. Referral and Final Action Form - The board had asked the secretary to bring the form that Mr. Clark submits to the county planning board when a referral is required. The secretary presented said form to the chairman. The board had also asked her to research a standard final action form that will be submitted to the county for all reviewed applications. The secretary stated she had contacted the county planning department and was told there is no standard submittal form in existence. The board decided that the draft submittal form which was presented by the secretary would be used for all future required submissions to the county.

Page 3 – Town of Phelps Zoning Board of Appeals, Phelps Town Court, January 19, 2016 Minutes – FINAL

  1. Tillack Annexation – The chairman had asked the secretary to consult with Mr. Clark for a recap on the dates and procedures of the town with the proposed annexation. Mr. Clark stated that the town did not receive an application for annexation from Mr. Tillack.

New Business

Chairman Fremouw stated that he will not be present at the February 2017 meetingtherefore Vice Chairman Westfall would have to chair it. He also asked that the secretary compose and send out the monthly meeting agendas from this point forward. The secretary agreed.

Zoning Officer Briefs - none

Board Concerns - none

Public Comment

In regard to the proposed demolition derby on commercial property, Mrs. Fremouw stated that during the meeting she had “Googled” the definition of a commercial use and read aloud that if the activity on the property is part of the process of making money then it is considered a commercial use. Mr. Fremouw replied the town law does not support that and proper procedure would be for Mr. Palone to go before the Town Board to get the code book updated.

Adjournment

Chairman Fremouw moved to adjourn. Mr. Westfall seconded. All in favor. Meeting adjourned at 8:35 p.m.

Respectfully submitted,

Amy Sitterley

Zoning Board Secretary