Zoning Board of Appeals
Regular MeetingBatavia, NY · April 26, 2018
Agenda
ZONING BOARD OF APPEALS
Thursday, April 26, 2018
6:00 pm
Council Board Room
One Batavia City Centre, Batavia, NY
AGENDA
I. Roll Call
II. Call to order
III. Pledge of Allegiance
IV. Approval of January 25, 2018 minutes
V. Statement about the role of the Zoning Board of Appeals and the procedure it follows
VI. Variance Requests
A. Request #1 13 Porter Ave.
Gerald Freeman, agent for owner
Area Variance: Addition of two 9’ x 20’ asphalt parking spaces in the front
(east) yard of this former four family dwelling. Two
parking spaces are already provided in the existing 14.3’ x
52’ asphalt driveway
1. Review application
2. Public hearing and discussion
3. Action by the board
Area Variance: Construction of two sets of wood frame entry stairs, one at
the front entrance and one at the north side entrance. Both
sets will project into the required clear spaces
B. Request #2 75 Redfield Pkwy.
Anthony Condello, owner
Area Variance: Placement of a 13’ x 13’ one story wood frame shed in a
side yard (southwest corner) of this corner lot property
1. Review application
2. Public hearing and discussion
3. Action by the board
C. Request #3 121 Summit Main St.
Frank Saulsbury, owner
Area Variance: Construction of a 14’ x 24’ addition with wrap-around 6’
deep covered porch on the rear of the existing dwelling. A
portion of the proposed construction will be located within
the side yard clear space along the south property line
1. Review application
2. Public hearing and discussion
3. Action by the board
D. Request #4 106 Ross St.
Justin Murray, contractor
Area Variance: Construction of 7’ x 11.5’ one story addition on the
southeast corner of the dwelling. A portion of the new
construction will be located within the side yard clear space
along the south property line
1. Review application
2. Public hearing and discussion
3. Action by the board
VII. Setting of Next Meeting: May 24, 2018
VIII. Adjournment
ZONING BOARD OF APPEALS
Draft Minutes
Thursday, January 25, 2018
6:00 pm
Council Board Room
One Batavia City Centre, Batavia, NY
Members present: Bill Cox, Nick Harris, Paul McCarthy, Leslie Moma
Members absent: Deborah Kerr-Rosenbeck, Jim Russell
Others present: Meg Chilano – Recording Secretary, Doug Randall – Code Enforcement
Officer
I. Roll Call
Roll call of the members was conducted. Four members were present and Chairman McCarthy
declared a quorum.
II. Call to Order
Mr. McCarthy called the meeting to order at 6:01 pm.
III. Pledge of Allegiance
IV. Approval of Minutes
There were no corrections to the minutes. Mr. McCarthy assumed the motion and the minutes
were approved by unanimous consent.
RESULT: Approval of November 16, 2017 minutes.
V. Zoning Board of Appeals statement
Mr. McCarthy explained the role of the Zoning Board of Appeals and the procedures it follows.
VI. Variance Request
Area Variance: placement of a 10’ x 16’ one story wood frame shed in the
east side yard
Address: 25 Verona Ave.
Applicant: Carol Mooney, owner
Actions: 1. Review application
2. Public hearing and discussion
3. Action by the board
1. Review Application
Acting Vice Chair Bill Cox read the summary of the proposal.
Page 2 of 2
2. Public Hearing and Discussion
MOTION: Mr. McCarthy moved to open the public hearing; the motion was seconded by
Mr. Harris, and on roll call, was approved 4-0.
RESULT: Public hearing opened at 6:05 pm.
The applicant, Ms. Mooney, said that there is already a concrete pad in place next to the
house where the previous shed was located. They would like to place the new shed on the
existing pad.
There was no one present who wished to speak, and no calls, letters, or email concerning the
proposal.
MOTION: Mr. McCarthy moved to close the public hearing; the motion was seconded by
Mr. Cox, and on roll call, was approved 4-0.
RESULT: Public hearing closed at 6:06 pm.
3. Action by the Board
Mr. Cox asked about the color of the shed. Ms. Mooney explained that the shed will be
constructed of cedar.
Ms. Moma asked if the shed will face the street, and Ms. Mooney answered yes.
Ms. Moma asked what happened to the previous shed. Ms. Mooney responded that it had
been dilapidated, so they hired someone to demolish it and take it away.
Mr. McCarthy went through the list of supporting criteria for the variances:
Undesirable change in neighborhood character: no
Alternative cure sought: no
Substantiality: not substantial
Adverse effect or impact on neighborhood/community: no
Self-created: no, it’s just a replacement
MOTION: Mr. McCarthy moved to approve the variances as submitted, with 60 days to
obtain the permit; the motion was seconded by Mr. Harris, and on roll call, was approved 4-
0.
RESULT: Approval of Area Variance.
VII. Setting of Next Meeting: February 22, 2017
VIII. Adjournment
Mr. McCarthy moved to adjourn the meeting at 6:12 pm; Mr. Harris seconded. All voted in
favor.
Meg Chilano
Bureau of Inspection Secretary
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