SENNETT - Local zoning laws for the town of Sennett were put to a public hearing at the Sennett Fire House on Thursday night.
Local Law No. 1 of 2008 provided for the use of an alternate planning board and Zoning Board of Appeals members, while Local Law No. 2 of 2008 dealt with restaurant definitions.
The board voted unanimously to adopt both laws. Four town board members were present, including the supervisor; Councilman Kenneth Champlin was out of town.
The board's policy of adding alternates addressed the difficulty of maintaining a quorum on the planning board and Zoning Board of Appeals because of illness, vacations or conflicts of interest related to specific matters brought before the boards. Without a quorum, business cannot take place in a timely manner.
Alternate members will improve the town's ability to conduct business.
David Sikora, town supervisor, said that if the chair asks an alternate to substitute for a missing board member, the alternate will continue to attend the board meetings until the issue under discussion is consummated.
This amendment resulted from a history in the town of having seven members on the ZBA. Once the number fell to five, it was maintained at that level and could consist of between three and five members. This article stipulates a definite number of five.
Many of the changes the town board proposed in Local Law No. 2 reflect the conflict that arose between the code enforcement officer and new owners and RyBach and Rig LL. over the interpretation of liberal zoning laws and changes made to the Pioneer Restaurant. The changes modify existing ordinances to make them more specific.
Pioneer Restaurant owners disagreed with being asked to prepare a site plan, having their non-conforming use status challenged, and the objections to their drive-in take-out window and outdoor seating plan.
Neighbors also objected to the expanded parking area and the potential to impact traffic flow on Route 20.
Donald Cheney, the town attorney, led the board through a SEQR survey to arrive at a declaration of negative impact if Local Law No. 2 were approved.
In other news:
* The Mutton Hill Road bridge, located between Grant Avenue and County House Road, may open Friday. According to Sikora, the bid came in low and the insurance company was informed. Metal was being fabricated to repair the structure. The bridge was closed when a pickup truck driven by Jesse J. Cornell of Port Byron ran into the side of the bridge. He was issued a ticket for failure to maintain the lane. His insurance company is supposed to pay for damages.
Staff writer Kathleen Barran can be reached at 253-5311 ext 238 or kathleen.barran@lee.net
Local law No. 2 of 2008 amends the Zoning Law of the Town of Sennett:
• Article II was amended by adding definitions: Restaurant, sit down - a business engaged in the preparation and sale of food and beverages selected from a full menu by patrons seated at a table or counter and consumed on the premises.
Restaurant, drive-through - a business where food and/or beverages are sold in a form ready for consumption, where a portion of the consumption takes place, or is designated to take place outside the confines of the restaurant, and where customer ordering and pickup of food is available to take place from an automobile.
• Article IX, Non-conformities of the Zoning Law for the Town of Sennett, is hereby amended to read: Sections 902 (a), (a) (1), (a) (3) and 902 (b) shall be superseded and Section 902 shall be amended to read: “A non-conforming use may not be enlarged or expanded, nor may a non-conforming use be changed except to a conforming use.”
Section 903 (a) shall be superseded and the reference to Section 902 shall be deleted. Section 910 shall be added to the Zoning Law: “A conforming use in one district shall not gain access to that use through another district where that use is non-conforming other than by public streets or roads.”
• Section 504.21(1) dealing with site plan review shall be amended: “In addition to uses where the Zoning Law of the Town of Sennett specifically requires site plan review, the Planning Board shall review all site plans for nonresidential uses, public and semipublic buildings and multifamily residential units,whether or not such development includes a subdivision or re-subdivision of a site. Site plan review shall be required for all non-residential uses where there is a change of use, change to the exterior of the building, changes to landscaping, addition of impermeable surface, changes to parking or traffic flow on the site changes in lighting or changes to signage. The construction of a residential single or two-family dwelling and farm building shall not be covered by this section.”
• Section 504(42) of the Zoning Law shall be amended and the use of “restaurant” shall be deleted and in its place shall be the use of “Restaurant, Sit Down, and Restaurant, Drive Through.”
• Article XI Section 1101 of the Zoning Law shall be amended and read as follows: “The Zoning Board of Appeals shall consist of five members appointed by the Town Board for overlapping five year terms.
The board voted unanimously to adopt both laws. Four town board members were present, including the supervisor; Councilman Kenneth Champlin was out of town.
The board's policy of adding alternates addressed the difficulty of maintaining a quorum on the planning board and Zoning Board of Appeals because of illness, vacations or conflicts of interest related to specific matters brought before the boards. Without a quorum, business cannot take place in a timely manner.
Alternate members will improve the town's ability to conduct business.
David Sikora, town supervisor, said that if the chair asks an alternate to substitute for a missing board member, the alternate will continue to attend the board meetings until the issue under discussion is consummated.
This amendment resulted from a history in the town of having seven members on the ZBA. Once the number fell to five, it was maintained at that level and could consist of between three and five members. This article stipulates a definite number of five.
Many of the changes the town board proposed in Local Law No. 2 reflect the conflict that arose between the code enforcement officer and new owners and RyBach and Rig LL. over the interpretation of liberal zoning laws and changes made to the Pioneer Restaurant. The changes modify existing ordinances to make them more specific.
Pioneer Restaurant owners disagreed with being asked to prepare a site plan, having their non-conforming use status challenged, and the objections to their drive-in take-out window and outdoor seating plan.
Neighbors also objected to the expanded parking area and the potential to impact traffic flow on Route 20.
Donald Cheney, the town attorney, led the board through a SEQR survey to arrive at a declaration of negative impact if Local Law No. 2 were approved.
In other news:
* The Mutton Hill Road bridge, located between Grant Avenue and County House Road, may open Friday. According to Sikora, the bid came in low and the insurance company was informed. Metal was being fabricated to repair the structure. The bridge was closed when a pickup truck driven by Jesse J. Cornell of Port Byron ran into the side of the bridge. He was issued a ticket for failure to maintain the lane. His insurance company is supposed to pay for damages.
Staff writer Kathleen Barran can be reached at 253-5311 ext 238 or kathleen.barran@lee.net
Local law No. 2 of 2008 amends the Zoning Law of the Town of Sennett:
• Article II was amended by adding definitions: Restaurant, sit down - a business engaged in the preparation and sale of food and beverages selected from a full menu by patrons seated at a table or counter and consumed on the premises.
Restaurant, drive-through - a business where food and/or beverages are sold in a form ready for consumption, where a portion of the consumption takes place, or is designated to take place outside the confines of the restaurant, and where customer ordering and pickup of food is available to take place from an automobile.
• Article IX, Non-conformities of the Zoning Law for the Town of Sennett, is hereby amended to read: Sections 902 (a), (a) (1), (a) (3) and 902 (b) shall be superseded and Section 902 shall be amended to read: “A non-conforming use may not be enlarged or expanded, nor may a non-conforming use be changed except to a conforming use.”
Section 903 (a) shall be superseded and the reference to Section 902 shall be deleted. Section 910 shall be added to the Zoning Law: “A conforming use in one district shall not gain access to that use through another district where that use is non-conforming other than by public streets or roads.”
• Section 504.21(1) dealing with site plan review shall be amended: “In addition to uses where the Zoning Law of the Town of Sennett specifically requires site plan review, the Planning Board shall review all site plans for nonresidential uses, public and semipublic buildings and multifamily residential units,whether or not such development includes a subdivision or re-subdivision of a site. Site plan review shall be required for all non-residential uses where there is a change of use, change to the exterior of the building, changes to landscaping, addition of impermeable surface, changes to parking or traffic flow on the site changes in lighting or changes to signage. The construction of a residential single or two-family dwelling and farm building shall not be covered by this section.”
• Section 504(42) of the Zoning Law shall be amended and the use of “restaurant” shall be deleted and in its place shall be the use of “Restaurant, Sit Down, and Restaurant, Drive Through.”
• Article XI Section 1101 of the Zoning Law shall be amended and read as follows: “The Zoning Board of Appeals shall consist of five members appointed by the Town Board for overlapping five year terms.
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