[0:23] Go ahead.

[0:27] » All right. Uh, call a meeting to order for the village zoning board, uh, 6 pm.

[0:33] Uh, Dan, can you please read the notice?

[0:39] It is hereby given that the village of Homer's zone board of appeals will be in

[0:42] person at the town hall in Homer located 31 North Main Street on October 23rd,

[0:46] 2025 at 6 p.m. to consider the following pursuant to the current village of Homer

[0:50] code of ordinances. Appeal number 5155 King Street

[0:56] replacement area variance for a non-conforming structure. Appeal 516 Pen

[1:01] Park Avenue home occupation area of variance to use more square footage than

[1:06] allowed. Thank you, sir.

[1:10] Uh, all right. Take them in order. So, appeal number 515. Uh, Bruce Adams. All

[1:16] right. Uh, usually we start off, we have you kind of give us an explanation of

[1:20] what you're looking for or Oh, sure. [clears throat]

[1:25] Good evening, Ford. Uh, so my wife and I live in my wife's grandparents house. uh

[1:31] her grandfather had built uh what is the current garage many years ago. Uh and

[1:37] they basically built it with no foundation, just right on the dirt. It

[1:41] is failing. Uh so I'm looking to put up a uh new garage that will be visually in

[1:48] keeping with the house. Uh and as you can see on the same footprint, it's a

[1:53] small lot. Uh I've talked with all the neighbors. They're fine with that. I

[1:57] think frankly they'd love to see something better looking in there. Uh so

[2:02] that's that's what I'm looking for. And it will be a uh whole building style but

[2:07] with sheeping and uh sighting to match my house.

[2:11] » Okay. Uh Dan, was there any public comment or read in emails or anything

[2:16] like that? >> Nope.

[2:17] » Yeah. >> Um question on board. Um well you've got

[2:23] that the footprint is little little wider little shorter over

[2:30] » it is exactly as wide and uh the the uh >> the red line is okay.

[2:38] » Yeah. Uh and uh it is uh as deep as it was when that survey was taken. Uh it's

[2:46] actually 8 ft deeper than the current building. Uh there was a little uh

[2:51] basically a chicken coupoop on the back of that that was removed some time ago,

[2:55] but again it is within the same footprint that has been on that uh

[3:00] property for many many years. >> What about height?

[3:04] » Uh it will have 8 foot ceiling and a uh and because it's only 16 foot wide, it's

[3:10] not that tall of a building. Uh our house is a two-story building, so it

[3:16] would be significantly shorter than that.

[3:18] » It won't have a >> Oh, no.

[3:20] No, my house has a flat. >> No, the garage

[3:22] » the garage will have will have a standard roof.

[3:25] » I got it. Sorry.

[3:32] » Change the timeline this week. >> Okay.

[3:39] » So, we just got started.

[3:43] » Hate to ask you to do it, but just one. Could you just

[3:45] » uh This one >> 20 second spiel for my absolutely. This

[3:49] is a one-year-old now. >> This is Yeah. The first one we're

[3:51] talking about the garage. This is the drawing for it.

[3:56] » Uh so my wife and I live in what had been

[4:01] » her grandparents house too. >> And the uh the garage was built by her

[4:07] grandfather many years ago without a foundation. Simply hemlock on the dirt.

[4:12] It is failing. Uh we'd like to replace it with a new structure. uh one that

[4:17] will be visually in keeping with the house. It'll be pole building style uh

[4:22] but with sheathing and sighting to match the house uh standard construction. I'd

[4:27] like to put it within the same footprint. No closer to the property

[4:33] line than the existing building. Uh and I've spoken with all of my neighbors. I

[4:38] don't have any problem with it. As I mentioned to the other board members, I

[4:42] think they would really like to see a nicer looking building in there.

[4:48] the existing building, the corner is 1.2 ft from the property line

[4:53] that >> it says there. Yes.

[4:55] » Okay. So, it couldn't really get too much closer, right?

[5:00] » Uh, do you have a a statement or an email or anything written from German?

[5:06] Is that your immediate neighbor? >> Oh, no. I'm sorry. I didn't think to do

[5:10] that. Uh, I've had a number of uh conversations with him.

[5:16] was just thinking that because they're so close, but this doesn't say where

[5:20] their house or any of their improvements are on their land,

[5:26] » but one foot away from the line, >> you pull up the area or

[5:29] » Yeah, that's a street view. Yeah, >> I drove by it. Yeah,

[5:33] » it looks like it's >> it's not crammed in there. It's not like

[5:36] another house that these neighbors and I >> Yeah.

[5:40] » And no one wrote everyone down. went out.

[5:46] » Yeah. And as I said, I went around and spoke personally with each of them.

[6:09] » Right. So, here's the garage. I'm looking to replace

[6:14] » my house. Jeremy's house. Their garage is way over there. So, it's just

[6:18] backyard back here. >> Thank you.

[6:22] » Sounds way

[6:27] » else have any other questions? >> You said you had convers Sorry I'm late.

[6:31] You guys went You said you had conversation with the chairman.

[6:34] » Yes. In fact, when he got notification of the upcoming uh things there came

[6:40] over because uh it said nonconforming uh instructions and and he he was afraid

[6:48] what that meant. I was just putting up a a steel shed or something. I said, "No,

[6:51] no, this this will look like a >> He's got no problem with you being that

[6:55] close." >> No.

[7:02] » Okay. Uh, no more questions for him. We can move on into kind of our internal

[7:07] discussions here. Um,

[7:13] anybody else want to go first? >> Supposed to be 10, right?

[7:16] » Mhm. >> Uh, is it 10 or 15?

[7:21] » Claims 10, but some some of our districts have

[7:26] » Well, either way, it's significantly

[7:34] I mean, there is an existing structure there. I don't see that.

[7:37] » Yeah. I I certainly tend to agree. Uh if there's no neighbors that complain all

[7:43] in favor of improvements to someone's lot,

[7:46] seems pretty straightforward to me. >> Um

[7:51] it is. So, I see that this is listed as a type one variant. We have to do some

[7:57] sort of secret thing for this. No,

[8:01] » I think it's mislabelled on the application. It seems like a type two

[8:04] where there be no secret action. Yes, >> okay.

[8:07] » Yeah, mine has two written over. >> Oh,

[8:11] » masterable area. >> All right. I must have got one.

[8:17] All right. So, it's type two action. No secret required. I guess I'll move on to

[8:21] the bouncing test.

[8:26] Balance test for variance. Number one, would there be an undesirable change to

[8:30] the neighborhood character or a detriment to nearby properties?

[8:34] » No. >> Or no.

[8:36] » Can benefit be achieved by other means feasible to the applicant?

[8:40] » No. >> I would say no.

[8:48] » I could put it in the middle of the yard, but that doesn't

[8:51] have it derived by some other mean. >> Uh yeah.

[8:55] » Yeah. I think fleable is a pretty key word in there, but vote how you want,

[8:59] » right? Okay. >> What's your vote there?

[9:03] » Yes. >> Uh, okay. Three nos and one yes. Um,

[9:07] number three, is this requested variance substantial? Yes.

[9:12] » Yes. >> Is that four yeses?

[9:16] » Number four, would the variance have an adverse impact on the physical or

[9:19] environmental conditions in a neighborhood?

[9:21] » No. >> No.

[9:23] Number five has the alleged difficulty to self-created difficulties.

[9:29] » Yes. >> Yeah.

[9:33] » All right. Um

[9:38] anything else we need to do here? Seems pretty straightforward to me.

[9:42] We'll make a motion. >> Motion to allow liber.

[9:46] » Second. >> Favor.

[9:48] » I. >> Thank you so much.

[9:50] » Thank you neighborhood. Beautiful. If I may ask a question, uh, is a little late

[9:54] in the season. If I can't get this done before winter closes in, will this

[9:59] variant still be effective in the spring?

[10:01] » Yeah, I believe it's from here, right? >> It's a year, not

[10:06] » Thanks, C. I think it's a straight year. Okay. Thank you very much.

[10:09] » We don't have room to guarantee that, but

[10:12] » hopefully you wouldn't have to come back through this year.

[10:15] » And I think that's the start of the construction. I don't think has to be

[10:18] completed here, right? He I think his just got it started,

[10:22] » right?

[10:25] » Okay. On to the second appeal. Number 516.

[10:28] Uh Alyssa. >> Alicia.

[10:30] » Alicia. Sorry. >> It's okay. It's the way to spell.

[10:33] » Um yes. Hi. So I have a very small informal home daycare over at 10 park.

[10:37] I'm uh just applying for a 20% area variance. Uh for the code you're only

[10:42] supposed to be using 30% of your floor space. I'm using 50%. Um so I'm just too

[10:48] long to feel short. was looking for a 20% area variance just to uh make it to

[10:53] next summer to be able to successfully run my little day here.

[10:58] » Okay, thanks. >> Um, is there anybody here that was

[11:02] hoping to speak? Were you guys here? Just

[11:04] » they're just >> moral support.

[11:07] » All right, on to the next section. Uh, Dan, was there any any emails? Anything

[11:12] like that? >> No, feedback.

[11:14] » Okay. Uh, questions from the board. You said in your application that this is

[11:20] just until next summer. So, it's really a very

[11:23] » temporary variance. >> Yep.

[11:26] » Yep. I'm trying to I actually just want to get bigger. I want to get a

[11:29] commercial building, get licensed and registered and and go all big and Yeah.

[11:33] » Stan, can we grant a temporary variance? >> Just grant a variance and when it

[11:38] changes, it changes. >> Well, variance runs with the land. So,

[11:41] it would stay with the property forever. So

[11:45] » well I mean I mean temporary >> property for the for this use

[11:52] » that just stays home >> just a temporary list for the amount of

[11:58] time otherwise it runs >> they call the use variance not temporary

[12:00] variance. >> Yeah.

[12:02] » Yes. But that runs with the land >> until the use stops

[12:08] » stay there. No, >> if they were to leave and the use

[12:10] doesn't continue, then >> can be used for that same way.

[12:14] » That's not how it works. I don't think >> if it helps, I do plan to keep I'm going

[12:20] to stay living there. I'm just going to move the day. I'm not going to have to

[12:23] go there. >> You're going to get a bigger place is

[12:26] what you're saying. >> Yes. Yeah. Like I'm I'm hoping to be

[12:28] able to get a commercial space. Not even in Homer, out of Homer.

[12:34] » It's like a pretty niche variance. I don't know.

[12:38] someone would benefit from that down the road, even if it did live on. But if we

[12:42] granted it as requested, then it would be for a temporary, I guess.

[12:46] » But it's requested as an area variance, >> not a use,

[12:51] » right? >> Oh, good.

[12:54] We never had

[12:58] » I don't I mean, I don't see an issue, but does anybody have any more questions

[13:03] for her? We move on to Dr. Well, I've

[13:12] I mean, from my experience, zoning does run with the land, but New York State

[13:19] has been particularly interested in dealing with zoning and reaching inside

[13:26] the property and whether a zoning law can reach inside a property and and say

[13:31] anything about what goes on inside property. There are exceptions when it

[13:36] can and that's when inside property is a business or a

[13:42] commercial use and what it does is it affects the health, safety and welfare

[13:47] of the community which is what zoning is supposed to protect. In that case,

[13:51] zoning can reach in property and say something about what happens in there. I

[13:56] see this as not affecting the health, safety and welfare of the public and

[14:02] zoning reaching in the property and saying yes, this is an appropriate use.

[14:07] Um, so I would certainly support it this use. I wouldn't support a use variance

[14:12] turning this into a commercial property because there could be other external

[14:16] implications. But I think that we have no business looking inside and and if a

[14:21] person living in that house and at least my arguments and all of the things I've

[14:24] written about it say person lives in the house has three children and you people

[14:29] move into the house and have 12 children zoning cannot make them leave. So you

[14:33] have so many children in your purview and you have so many children in your

[14:37] purview and that's just the way it is. has fully support.

[14:47] » Okay. >> Yeah. So, just I mean it's our little

[14:51] discussion. I I have been affected by this in the past. Childare disappears

[14:56] overnight and it's a nightmare. So, I uh I don't think

[15:00] » there's a lack of it. >> That's another reason why I'm trying to

[15:04] go bigger. >> Yeah. Um I don't I don't think that

[15:09] percentage of the housing the kids are running around is a problem to me. Um

[15:13] seems pretty straightforward. So >> uh let's jump over to the

[15:18] » How many kids are we talking about? Says 30% maximum of 30%.

[15:22] » Yeah. My I can only have seven because I'm not registered. I'm just informal

[15:25] ambigu >> and I have two and two of them are mine

[15:28] that live there. So they don't count. >> They don't count.

[15:32] » My fails don't. Well, [laughter]

[15:36] terrible terrible.

[15:40] » Oh my gosh, that's so terrible. [laughter]

[15:42] They very much count. I mean, in the ratio for New York State,

[15:47] » I needed that. Thanks. [laughter]

[15:52] » Let's do the bouncing like that.

[15:57] » Balancing test for variance. Uh, number one, would there be an

[16:02] undesirable change in character or detriment to nearby properties?

[16:05] » No. >> No.

[16:08] » Two, can be achieved by other means feasible to the applicant?

[16:13] » Block along in the kitchen, but that doesn't.

[16:17] » Uh, number three, is a requested variance substantial?

[16:21] » Yes. >> Yeah.

[16:26] Yeah. Um, number four, would the variance have an adverse impact on

[16:31] physical environmental conditions in the neighborhood? No.

[16:34] » Number five, is the alleged difficulty themselves created?

[16:38] » Yes.

[16:41] Motion to grant the house.

[16:45] All >> favor. I

[16:48] » thank you. Really appreciate it. >> Thank you.

[16:50] » Make sure you count them. [laughter] Oh, my pet.

[16:56] » My daughter hit her bad. You've been in a lot of trouble.

[17:05] » Minutes said the one motion was tabled last time. Um,

[17:13] » this is the one on >> Yeah. asked me to subdivide that yard it

[17:20] come back but the minutes from both the group

[17:25] » also all there >> have one more item to entertain is uh

[17:32] due to the holidays if there's DBA action in November and or

[17:38] Christmas we need to entertain altered dates

[17:43] on the

[17:51] DBA same day. >> No, I'm trying to do both at the same

[17:58] time.

[18:02] December because they can't do her. They can't do

[18:06] it. They need 30 days to send. >> Um, that's what I'm hearing. pling board

[18:12] which is meeting a little later tonight. Uh

[18:15] » these [clears throat] kids are all sad, aren't they?

[18:17] » Yeah.

[18:21] [clears throat] >> Again, so much for your time.

[18:22] » You're released on your own. Take care. >> Thank you again. Have a good night.

[18:30] » The item from the planning board uh tonight requires a full uh environmental

[18:35] review. So, they're going to do 30 days out. they want to meet uh come back on

[18:41] Monday the 1. If that's a date, that's good for you. We don't h necessarily

[18:45] have to. >> You don't have to,

[18:46] » but if you want your own date, your own day,

[18:48] » Monday the first. But I will tell you, moving forward after the organizational

[18:53] meeting, most likely we're going to have these meetings ZBA first, planning

[18:57] second, just the way the town does so. So, we can all we just meet on one night

[19:01] during the month. >> Okay?

[19:03] » As opposed to trying to wrangle everyone for two. Portlandville started that and

[19:07] then the town picked it up and >> that sounds

[19:11] that way. >> Our reorganizational meeting on in

[19:14] December, we'll set that motion. >> You guys will be your board will be

[19:17] first and the planning board is second. >> Okay.

[19:20] » I know no uh zoning meeting needed for November necessarily um and or December

[19:27] off the top of my head, but I would pick at least a couple dates in both.

[19:31] » Our date for November is the 20th. Mhm. >> Yeah. Thanksgiving that

[19:36] » before the holiday, I'm sure. >> Thanksgiving is the fifth the fifth

[19:41] Thursday of the month. >> The 27th. I've got on my phone, but I

[19:44] could be mistaken. >> Thanksgiving is the 27th.

[19:47] » It's the fourth Thursday after the first Monday.

[19:53] I didn't make that up. >> Well, it's the 27th we were having.

[19:56] » Oh, so we're the fourth. I had my I have my calendar wrong here. I recorded the

[20:00] wrong day. >> The 27th is the 4th, right? If you want

[20:03] to bump it up to the 20th, we can. >> Yeah.

[20:05] » Yeah. [clears throat] >> The same.

[20:08] » I did already. I don't know. >> This already

[20:13] good for everyone. >> It's already on my calendar.

[20:17] » Uh, we'll just keep six o'clock. Actually, I I don't want to go back to

[20:20] 6:30 since moving forward is going to be at 6.

[20:24] » Good.

[20:28] » All right. All right. So, just resolve you're going to have a meeting November

[20:31] 20th at 6 p.m. if needed.

[20:36] » December

[20:43] 18.

[20:54] » Yeah. I mean, I who knows that's so far out. There's so much going on that time

[20:58] of year. >> Yeah.

[20:59] » I can't really I mean I can say that I will be there

[21:03] but >> event for the 18th.

[21:06] » Yeah. >> Well, as we get closer we we can uh

[21:09] » Yeah. >> Yeah. Just races.

[21:21] » We need a motion. I move. >> Yeah.

[21:22] » Change. I

[21:26] » Good. Thanks Mops. >> One other thing is that um you know the

[21:30] planning board has the draft of the code for the ability to zone code and

[21:36] wondering when are we going to get a copy of that so that we can look it over

[21:40] and >> you it's not the perview of the ZBA to

[21:43] to look at that. It's only planning board. So once the code is adopted which

[21:48] is going to be >> wait

[21:50] » yeah it's in the in the code book. There's no ZBA for to look at at a new

[21:55] code. It's only in the purview of the uh the petitioning of the planning board.

[21:59] » If you have zoning, you have to have a ZBA.

[22:02] » I'm not try I'm not trying to argue with you. It's not in the code. Paul, if you

[22:05] look in your code book, >> you said,

[22:09] » but even as a get if it's not in the code book, as a courtesy to the ZBA in a

[22:14] small village like

[22:18] that's why I sent out links. I do believe I send links to everyone but to

[22:21] take a look at it. The the digital record is already up. You can just

[22:26] Google village of Homer E360 and you can look at the entire code. So

[22:33] » kind of hard to believe that you pass that without having some discussion with

[22:37] the ZBA when ZBA is mandated to adjudicate.

[22:45] Sounds hard.

[22:49] Well, there's public comments session, isn't there?

[22:53] » We've had many We've had like three public hearings regarding the village

[22:57] code >> since it's been multiple times. We just

[23:01] had >> since it's been completed.

[23:03] » Yeah. >> Really?

[23:04] » When was that? When was that? There are village board trustees

[23:08] meetings >> and we're going to have another public

[23:10] hearing that's was advertised in the paper I believe on the 18th.

[23:18] » Yep. The 18th of this month and next board meeting at four public hearings.

[23:23] One of them which is the code. >> Wait, can you

[23:25] » So the code book is complete then we >> electric signs everything.

[23:29] » Here you go. >> There's no electric signs in it. Not I'm

[23:32] just no no new new laws. Go ahead.

[23:38] » The village board of trustees may from time to time on its own motion or by

[23:42] recommendation or petition of the planning board amend supplement change

[23:47] modify or repeal the regulations and provisions of this chapter. I'm looking

[23:51] under >> I fully understand that.

[23:52] » I just want to read it just so you know. found a public hearing in accordance

[23:56] with law. Each such proposed amendment or change shall be referred to the

[24:00] planning board >> and it's just that chapter. It's the

[24:02] zoning chapter. It's not the entire vote.

[24:05] » I understand they are the body to adjudicate but we are

[24:09] » administering it and it seems like as courtesy in a village of however many we

[24:14] are. We need to have the opportunity to look at it. needs to get a notice to the

[24:19] ZBA of when these hearings were or will be

[24:23] » public hearing was was notified as per our phone,

[24:26] » right? >> And it's going to be at the next

[24:29] meeting. >> Welcome to the meeting.

[24:32] » Exactly. >> Next board meeting is Tuesday at six

[24:34] o'clock. >> Four public.

[24:38] » I didn't know that it was fully completed. That's why I saw drafts. I

[24:42] never saw a complete >> Don Bran see uh Kevin and Pat and I have

[24:49] been working on this for nearly six years. Pat nearly eight years.

[24:54] » Planning board has discussed this code already.

[24:58] » They're supposed to tell us tonight because they were told that they were

[25:02] supposed to give us their nay or nay. They got to do it tonight.

[25:05] » They don't have a yay or nay. They just it's not not if they have a question

[25:09] they can ask questions. Well, they need to go on the record saying if they have

[25:11] any questions. >> Exactly.

[25:14] That we will do tonight. This is all been recorded. So, welcome

[25:19] to talk some more, but do you want to close your

[25:21] » meeting?

[25:26] Jer

[25:31] [laughter]

[25:34] waiting.

Village ZBA 10232025

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