[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.