Village of New Hartford Zoning Board of Appeals will hold a public hearing on Tuesday, October 7, 2008, at 7:30 p.m. at Butler Memorial Hall, 48 Genesee St., New Hartford, NY 13413. The Zoning Board will be reviewing the following (2) applications.
(1) Mark Dembrow.....(see link above to legal notice for specifics)
(2) Vincent Papandrea 19 Campion Road is requesting a 1' side and 1' rear area variance to erect an addition to the building on an existing pad. Village Code requires 25' rear and 25' side allowance in the M-1 zone.
Plans are available for review in the Village Office Monday through Friday from 8 am until 4 pm.
The Public is invited to attend or send written comments before or at the public hearing.The Town of New Hartford is looking at 19 Campion Road for the proposed new court and town offices. Interesting...is a 1 foot clearance between buildings on one side and also the rear of a building (in other words, 2 of 4 exposures) intended to house several offices and be occupied by many people when court is in session a smart thing? Doesn't leave much space for a person, like say a fireman, to get through if it were to be necessary.
Concerned Citizens decided to visit the Village offices to look at the plans. While we were there, we asked a few questions. We wanted to know if there has ever been any other time when the owner of 19 Campion Road has come before the Planning or Zoning Board or if any building permits had been issued...say in 2005. Janet Durr, Village Clerk, said she didn't think so, but she would look for us.
Concerned Citizens asked for a copy of the Application for Building, Zoning and Demolition Permit that was filed on September 8, 2008. It is interesting to note in the cover letter sent to Mr. Terrance Martin, Codes Officer for the Village of New Hartford, Edward LaBarge of Butterfield Commercial Properties stated that:
In 2005, the owners removed a larger addition, leaving an existing pad in the rear of the property. We are proposing building a smaller addition on the existing pad to facilitate 3 rooftop hearing units for the building.Hmmm! Let's see the dimensions shown on the architectural drawing done by Alesia and Cromwell (isn't Alesia a Village Trustee?) shows a 10' x 28' addition to be built in the rear of the building. So with a 1' setback variance that they are requesting, that would mean that right now there is only an 11' setback...code for a M-1 zoning is 25'. That means that the building is not even in compliance with codes now?!!! And actually, we are not even sure if the concrete pad can be left there without a variance.
Having lived in this area for many years, we realize that the building has been there for a long time and at the time it was built there probably were no zoning laws in place so the building was "grandfathered", but usually when you make any changes to the footprint of a building the "grandfather" clause no longer applies. If the owners removed a larger addition and rebuilt all but the 10' remaining pad, wouldn't they have needed to appear before the zoning board of appeals and received a variance in 2005? Maybe Ms. Durr has found that zoning board document for us...we will stop back next week to find out!
We were also wondering why there would not be a building permit with all the extensive work that was done in 2005. At first Ms. Durr said that all the work was done inside the building in 2005, but after we disagreed and pointed out all the changes to the building, Ms. Durr later said that you don't have to get a permit for any work to a structure in the Village if you are zoned M-1.
Amazing...guess you don't have to worry about being reassessed if you are zoned M-1 in the Village either.
We encourge anyone who is interested to visit the Village to see the plans and/or plan to attend the meeting on Tuesday evening.