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                  <text>Zoning Board of Appeals Meeting
March 5» 1979 - 8'P.M.

fresent-Friere-Chairrnan
Kargotta
Ceconi
Swaby
Absent- Arcate - c " . ^
Also presenter. Page, Building Inspector t
Mr. Ponzini, Village Attorney'
Fir'st Hearings ^olari
Letter addressed to Mr. Donald M, Walsh,Sr. read.

i

Mr. Walsh

asked for adjournment because he had no plans to
submit. He finds ifchat Fir. Solari can jput up the
building he wants according to the laws of the
village. Mr. V/alsh will have the plans at the
next board meeting and plans will meet all the
zoning laws.

Margotta:

We have to have some kind of a time table for this
building. When will the building be put up? Reminds
Mr. Walsh that a building permit is only good for
one year,
Mr. Solari has not complied;with past requirementsnow he wants another extension. These delayingWetic
will delay a decision for a few more weeks, I
would like to dispose of this item now,

Swaby

Kar gotta

give us a time table. When is he going to submit
the plans? If we keep putting his off, it v/ill
go on for another year,

Ceconi

How can he build another building on this lot?

Page

Mr. Solari has four parcels of land (made a sketch)
He has the square footage for a building if he
maintains the set backs.

�~2~
Swaby &amp; Ceconi - what about parking spaces? We are not clear
concerning the parking spaces created by Mr.
Solari on his property.
Page

Margoft&amp;

*

1st building will eleminate front yard parking,
Mr, Solari must have proper set back for drive
way,etc. However, he finds there are no violations
of the village code.
If Mr, Solari has any violations now we can hold
up his building plans,

Ceconi

I am under the impression that Mr, Solari has
over built on his one piece of property and
therefore cannot build on the other,

Swaby

lets look over the variances to see if they
incorporate the k lots owned by Mr, Solari,

Ceconi

give this man time so that we can check up about
these variances

Swaby

Shall we dispose of this by extending the Uime?

Margotta

I still want some kind of time table concerning
these plans,

Friere

why not give him to the 1st, of April?

Kargotta

I would like to know when tiill he start building

Solari

I will submit my plans on March 14th, I can
start right away - but I have trees to cut;.

Walsh

We will submit plans by March 15th, By the middle
of April we will start to build. But weather is
a factor concerning time,
March 15- plans to be submitted to building
inspector
April 15 excavation

unzini

f

in my judgement building of new house will clear
up any existing violations

�-3Geconi -

Is it .true that Mr. Solari has three families on this
property? Isn't this property zoned for two Families?
I am under the impression, through the Webber Park
Association that there are these violations, as well
as, parking violations. I would like to look at the
minutes of this board's meeting at the time of
the granting of Mr. Solari's permit.

Swaby

Since there is no further discussion, I move to
extend the time to I/jarch 14th for submitting plans.
Grant building permit by April 15th - if building
permit can be granted.
Seconded by Margotta

*

t
- -^ii : - c^&lt;~r

-4s. ^ E » i i i A i M S ^

�\*&gt;t

2nd, Hearing
Mallory Battery
Order of the Zoning Board of Appeals read.

£

Friere

Asked for identification of speakers for Mallory
Battery and since there are people in the audience
they will be allowed to ask questions and speak
if the y wish to do so,

ftlargotta

would like to know if the company as any master
plan. What will you be doing six months from
Mow? What is your square footage now?

Kallory

gave the total square footage of its present
building. They do not have any other future
plans,

Tvlareotta

describe they type of building you want to erect

Kallory

a cement block building - immediately behind
the loading dock,, entrance outside of building

Page

the building would be in the area of the old
filtering station,

Swaby

what will be stored in thei building?

Mallory

building will house 1,hydraulic pump 2,barrels
3.tank for our scrubbers. Scrubbers have a
holding tank - we need one room for these,

Sv/aby

is there something of a factory addition here?

Mallory

No.

Audience

Is anything explosive going to be stored in the
building? Is the building for storage or not?

Ivlallory

Hydraulic fluid is not Explosive, No one will
be working htere, The 3rd, room will house
the fluid.

Audience

What about noise? We hear noises in the middle
of the night - why?

t
m
Ssifisasseiai^

Hydraulic system is for the existing system

�Margotta

these people in the audience are people living
near your plant and they have come here before
with same complaints of noise - what are you
going to do about that? These complaints are
just a matter of housekeeping on your part,

Mallory

There should not be any noise.

Margotta

Your plant is in a residential area. You
have a responsibility to take care of the
compalints made by these peopleliving in the
area,

Audience

when we have complaints conceErning the noise
we have phoned the plant, Sometimes the
people there hang up the phone on us-sometimes
they don't seem to understand what we are
talking about. The blowers go on - sometimes
to 3A.M,

Mallory

the machines are to be turned off at 6?30 PtM.
°ome machines are on the other side of the
building where they should not annoy anyone.
°ome equipment must be kept on,

Swaby

we get these applications periodically from
you, V/e need some master £lan from hou. If
we comtinue to grant one variance after another,
we are upsetting the idea of the Planning Baord,
Every corporation has some ideas of their
future planning,

I^argotta

could t£is equipment you plan to put into
this new building be put outside?

f.Iallory

yes it could - but this"would make for more
noise,

Kargotta

(to the audience) would you rather have this
exposed or cohered ?

Audience

we have no objection to a building - v/e just
object to the noise,

larp-otta

Kallory should be aware of these compalints
made by the residents of this area, . These
compalints are a matter of housekeeping on
Kaliory.'s part.

�Mallory

we will try to curb the noise and we want fehe
residents to let us kmow of any violations,

Ceconi

asks fvlallory to work with these people (residents
of the area) to work out ansv/ers to their
complaints,

Friere

could machines have some kind of time clocks
DUt on them?

Kallory

we will take action on these complaints and
suggestions

Margotta

makes motion to grant variance.
Seconded by Swaby,
Passed by Ceconi,

U bvJxJUCJ*-^ t(£
«^&lt;-4_

�3rd. Hearing
William Williams
Ivkrch 5, 1979
Order of the Zoning Saard of Appeals read
Lawyer for Mr. Williams read Mr. William's petition and
described the property as unique. There was no
building permit issued by the current building
inspector,
Mr. Williams was ill at the time the violation
was issued by Mr. Page. Mr, Williams could not
respond at that time. However, violations papers
were picked up by Mr. William's daughter a few weeks
after the papers were issued,
The lawyer stressed the fact that all the neighbors
"directly surrounding the property have -given their
OK for the building.
Swaby

When you describe the p roperty as unique, don't you
mean that it is non-conforming?

Lawyer Variance requires a 20 ft. rear set back on the Property.
However, the back of the house backs up to railroad ties,
Swaby

What happens if we grant this variance to Kr. Williams
to change his buildings to meet these family ;~ ." needs
and then he decides he no longer wants to live there?

Lawyer His family now lives on the property with thesie. families,
They would go on living there.
Swaby Building on this p roperty has been going on for years
Ceconi without building permits or variances. There have been
building violations that Mr, Williams has ignored.
Lawyer refered to letter Written by John Cavalieri stating he
would have no objection to any further /building.
(Mr. Cavalieri has property directly behind Mr. Williams*)'

'~A'^-&gt;-'J^;wd?^faial&amp;-3hi^BsSi^

r^

&lt;

�Swaby

In 1978, it was discolored that a building was
going on. Then it was a concrete block wall,.
IT. "Williams wa^s notified that here could be
no further ; '/building until he received
a variance to build. After a short time building
was resumed and then there was a second variance,

I age

John Cavalieri's letter gives permission for
building repairs. These are not repairs but
construction (non-conformity, 196*f ordinance)
Denied permit according to the code of the
village.

.Vargotta

we allowed the building of a ,[,. one story building.
You now call it a playroom for his children.

Lawyer

Children are now adults.. This "playroom"
is used to house expensive musical equipment..

lr

Page

This is not a ;"/playrooffl";but a bar", Additions
are going on ,'.:;:,. with each hew variance. Buildings
are going up without building permits

Friere

V/e are also concerned the the set-back of the
property.

Ilargotta

There is also a three story building on the
property with very little distance between the
adjoining buildings or the property line.
Should'v/e also be concerned with fire regulations?
How would thesefpeople get out in case of fire?
There are no fire escapes.

Friere • I don't think it is our concern at this hearing
about fire regulations
The whole board agreed that ."the sketches submitted by li.
Williams and his lawyer were very difficult to understand;

V

�3-

Kargotta

put off hearing, for a v/ee'k - or so- so that the
board members can go to see this property and understand exactly v/hat is being built and what is being
asked for

Ceconi

I don't like to see this open defi.ance of the lawthe law's and codes of this village. You must get
a building permit and if necessary a variance from
this board,
I want a guarantee there W i l l be no work done
until an inspection by the board.
Seconded by Largotta

Board will meet on Karen 21, 1979 (V/ednesday) at 7:30 P.M.

Respectfully submitted,
/*&lt;^z*_£
lorence Kahe
Acting Clerk

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