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TOWN MEETING
MINUTES
October 4, 2000
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month)
A public hearing was
held before the Town Council meeting.
Minutes from the Council meeting follow the public
hearing
PUBLIC HEARING
October 4, 2000
Ordinance 4-2000, Ordinance 5-2000, Ordinance
6-2000
7:00
p.m.
Commissioners Harrison, Quidas, English,
and Darling were present.
Commissioner Harrison called the public
hearing to order at 7:10 p.m.
Mr. Robert Quidas, Town Council
representative to the Trappe Planning Commission
read Ordinance 4-2000 – An Ordinance of the
Town of Trappe amending the Town Zoning Ordinance
by the creation of Section 26, 15, to establish
height limitations for boundary fences within the
established yards in any zoning
district.
Comments: Mr. Gerald Adams, Planning
Commission Chairman, said that the Planning
Commission researched other community fence
ordinances and prepared this draft. This ordinance
allows fences in front yards to be no more than
four feet in height, ornamental fences posts shall
not exceed four and one half feet in height. Rear
and side yard fences shall not exceed eight feet in
height. Fences along Route 50 shall not exceed
eight feet in height. Any other situation can be
addressed by the Appeals Board which has the
authority to grant a variance.
Mr. Robert Croswell said that the
Planning Commission has done an excellent job
preparing this ordinance. However, his main concern
was the impact a fence might have on a neighbor. If
someone erects a fence on the property line, then
that person would have to trespass on the
neighbor’s property to maintain
it.
Attorney Brynja Booth said that nothing
gives a property owner the right to trespass on
anyone else’s property, therefore, it is an
issue of common sense.
Mr. Robert Quidas read Ordinance 5-2000
– An Ordinance of the Town of Trappe amending
the Town Zoning Ordinance by the creation of
Section 26, 16, to require that swimming pools be
fenced or otherwise enclosed.
There was no comment.
Mr. Robert Quidas read Ordinance 6-2000
– An Ordinance of the Town of Trappe amending
the Town Zoning Ordinance by the creation of
Section 26, 17, to establish setback requirements
for corner lots.
Mr. Robert Croswell said that it was very
satisfactory as it is, and asked that it be
passed.
Commissioner Harrison asked Attorney
Booth if there was a definition of
"street". Mrs. Booth said that there
wasn’t. Commissioner Harrison said that the
ordinance isn’t the place for it, but that
there should be one eventually.
Commissioner Harrison closed the public
hearing at 7:25 p.m.
-----------------------< Regular Town meeting
begins here
>------------------
TOWN MEETING MINUTES
October 4, 2000
7:30 p.m.
Commissioner Harrison called the meeting to
order at 7:30 p.m.
Commissioners Harrison, Quidas, English, Darling
and Niemeyer were present.
The Pledge of Allegiance was recited.
The September minutes were accepted as
presented.
The September financial statement was accepted
as presented.
Old Business-
Commissioner Harrison adjourned the Town Meeting
at 7:33 p.m. to open the public hearing concerning
the request for a waiver from the subdivision
regulations by Mr. and Mrs. Edward Moore.
------------------< Town meeting continues after
public hearing >----------------
Public Hearing
Moore’s Subdivision
October 4, 2000
7:30 p.m.
Commissioner Harrison
called the hearing to order at 7:33
p.m.
Commissioners Harrison,
Quidas, English, Darling, and Niemeyer were
present.
Mr. and Mrs. Edward Moore
are requesting a waiver from the subdivision
regulations to allow them to subdivide the property
located at 29319 Greenfield
Avenue.
Mr. Michael Adams said that
he applied for a variance to put a garage four feet
from his property line. If the Moore’s are
granted the waiver, and they put a residence on the
property it would be very close to his
garage.
Commissioner Harrison said
that the waiver is for the front yard width only,
and that any future building would have to meet all
the setback requirements. Any variation from the
setbacks would require a
variance.
Mr. Adams said that putting
a residence there would add to the congestion in
Lakeview because the lots there are so small. He
also said that the Town agreed in a non-written
agreement not to put a residence there, and asked
why it would change now? Commissioner Harrison said
that the law gives everyone the right to an appeal,
and that this issue will be decided less on the
merits of a non-binding verbal agreement than on
the size requirements of the lot. Mr. Adams asked
why the agreement was not attached to the deed?
Attorney Brynja Booth said that it is not something
that the Town could have done anything about. You
can’t make a neighbor promise to do something
or not do something. Commissioner Harrison said
that this is why the Zoning Ordinance is important.
Non-written agreements are not binding on events
taking place in the future.
Mr. Robert Croswell, who
was a member of the Zoning Board at the time, said
that the Board didn’t feel that there was
enough land to subdivide, and made a non-binding
recommendation at the time.
Mr. Drake Ferguson asked
what the intent of the parties is in creating lot
#2 if it is not to create a building
lot?
Mr. Gerald Adams, Planning
Commission Chairman, said that if the waiver were
to be granted, drawings would be presented to the
Planning Commission for approval before a building
permit would be granted. Water is available,
however, sewer is not, due to the moratorium.
Commissioner Harrison said that the subdivision is
not contingent upon a sewer connection. It can be
subdivided, but it can’t be built
upon.
Mr. Gerald Adams asked how
a waiver is recorded? Attorney Booth said that a
findings of fact will be done.
Commissioner Harrison asked
Mr. Moore to present evidence supporting his
request for a waiver.
Mr. Moore said that the
house was an investment. He has improved it and the
neighborhood. In his opinion this land will be
developed. He wishes to put a single-family
dwelling there, which would be more appealing than
a garage or a shop. The lot has above-average
frontage for this area. Mr. Michael Adams received
a variance to put his garage four feet from the
line. Mr. Moore feels that he is also entitled to
ask for a variance if it is needed to meet setback
requirements. He stated that he thought that the
verbal agreement has no merit.
Commissioner Harrison cited
Section 5 of the Zoning Ordinance – Waivers
for Exceptional Conditions.
- "Such waiver
would not be contrary to the public interest;
and"
-
Mr. Moore said
that it would not be contrary to the public
interest because it would be better to have a
house there rather than a garage or
shop.
There was no
comment from the commissioners or the
public.
- "Owing to
exceptional conditions of the land involved a
literal enforcement of these
-
regulations would
result in unnecessary hardship;
and"
Mr. Moore said
that not granting this waiver would be a
financial hardship, and he would have to
reevaluate what he wants to do with this
property.
Commissioner
Harrison read from the Planning Commission
recommendation. "…it was determined
that other properties in the R-3 Zone have less
than 85 feet of frontage. While a denial of the
waiver will not be an "unnecessary"
hardship, it will be a case of requiring one
property owner to adhere to the rigid
interpretation of the subdivision regulations,
while other property owners in the same zoning
district have been allowed more
flexibility".
Mr. Drake Ferguson
asked if, indeed, other people were allowed
more flexibility or was it a case of a change
in the zoning after that particular subdivision
was laid out?
Mr. Gerald Adams
said that the R-3 Zone must meet all the
requirements of the R-1 Zone with the exception
of the side yard setback which was reduced to 8
feet. The subdivision was there, and the R-3
Zone was created for that
subdivision.
Mr. Croswell, who
was on the Planning Commission at the time,
said that the frontage throughout the town was
60 feet, then was increased to 75 feet and then
increased to 85 feet. The R-3 Zone was created
because so many people were applying for
variances because the lots were so
small.
Mr. Drake Ferguson
then asked if he would be correct is saying
that the R-3 Zone was conforming at the time it
was laid out, and what we are actually asking
for now is what would create a cascading series
of variances in order to turn this into a
building lot?
Commissioner
Harrison said that it would be necessary to
know the date that the subdivision was created.
Mr. Croswell said that the subdivision was
shown on the water and sewer map in 1975 and
the Zoning Ordinance was adopted in 1974 so
these were conforming lots.
Mr. Ferguson said
that there is an in inaccuracy in the second
clause of the second sentence in the third
paragraph of the Planning Commission’s
recommendation. The first clause being that the
denial of the waiver will not be an unnecessary
hardship, the second clause being that it will
be a case of requiring one property owner to
adhere to a rigid interpretation of the
subdivision regulations while other property
owners in the same district have been granted
more flexibility.
Attorney Booth
commented that before granting a waiver the
Council shall obtain a recommendation from the
Planning Commission. This is not a finding of
fact, and it is not binding. Commissioner
Harrison said that this is evidence which will
enable the Council can make a finding of
fact.
There was no
comment from the
commissioners.
- "Such waiver
would not have the effect of substantially
impairing the purpose of
these
regulations".
Mr. Moore said that he
doesn’t think that there are many more lots
that fall into this category so he doesn’t
think that it would effect this
regulation.
Commissioner Darling
asked if there is any sewer capability before the
moratorium is lifted? Commissioner Harrison said
no, unless Mr. and Mrs. Moore were able to get
one of the unused water/sewer connections from La
Trappe Heights.
Commissioner Darling
asked if the Planning Commission will review the
size, location, and structure of any future
building permit request? Commissioner Harrison
said yes.
Commissioner Harrison
said that the Planning Commission requested that
the near neighbors be notified, therefore, this
public hearing is being held.
Attorney Booth asked Mr.
Moore if lots 1 and 2 will still comply with the
minimum lot size in the R-3 zone if this
subdivision is created and, except for the
waiver, will the frontage comply with the other
lots? Mr. Moore said yes to both
questions.
Commissioner Harrison
asked Attorney Booth for her advice. She said
that she thinks that the commissioners could make
a decision either way, and it would be legal. She
said that the Moore’s have met all three
items required for the granting of a waiver, they
will have to meet all of the other zoning
regulations, and there is no reason why the
commissioners couldn’t grant it. If they
didn’t feel it appropriate, then they could
deny it.
Commissioner Harrison
said that he personally feels that the
Moore’s have met item No. 1 and No. 3. He
has some reservations about item No. 2 –
hardship.
Mr. Robert Croswell,
Appeals Board Chairman, said that, according to
Judge North’s decision in the Outten/Baker
case, hardship had to be more than a financial
inconvenience. In Mr. Croswell’s opinion a
hardship would mean not being able to use the lot
for its intended purpose. Denying this particular
applicant the ability to do what other property
owners in the same area are able to do can
constitute a hardship.
Commissioner Harrison
entertained a motion to decide whether this
waiver is contrary to public
interest.
Niemeyer – no,
Darling – abstain, – Harrison –
no, English – no, Quidas –
no.
Commissioner English made
a motion that the waiver would not be contrary to
public interest based on the evidence found.
Commissioner Niemeyer seconded the
motion.
Vote: Quidas – yes,
English – yes, Harrison – yes,
Darling – yes, Niemeyer –
yes.
Commissioner Harrison
entertained a motion that with the exceptional
conditions of the land involved literal
enforcement would result in an "unnecessary
hardship".
Commissioner Harrison
entertained a motion to decide whether not
granting this constitutes an unnecessary
hardship.
Quidas – yes,
English – yes, Harrison – undecided,
Darling – no comment, Niemeyer –
yes.
Commissioner entertained
a motion for finding of fact that not granting
this waiver does constitute a hardship by
preventing Mr. Moore from making full use of the
property as is done by other residents in the
same district.
Commissioner Darling
seconded the motion.
Vote: Quidas – yes,
English – yes, Harrison – no, Darling
– yes, Niemeyer –
yes.
Commissioner Harrison
entertained a motion that such a waiver would not
have the effect of substantially impairing the
purpose and intent of these
regulations.
Quidas – no,
English – no, Harrison – no, Darling
–no, Niemeyer – no.
Commissioner Darling made
a motion that this waiver would have no
significant impact on the zoning regulations.
Commissioner English seconded the
motion.
Vote: Quidas – yes,
English – yes, Harrison – yes,
Darling – yes, Niemeyer -
yes.
Commissioner English made
a motion to grant the waiver.
Commissioner Niemeyer
seconded the motion.
Vote: Quidas – yes,
English – yes, Harrison – yes,
Darling – yes, Niemeyer –
yes.
-------------------
< Town meeting minutes continue below >
--------------------
The Town Meeting was
reconvened at 8:35 p.m.
Commissioner Harrison said
that the applicants have met all of the
requirements for a waiver of the subdivision
regulations.
Commissioner English made a
motion to grant the waiver.
Commissioner Niemeyer
seconded the motion.
Vote: Quidas – yes,
English – yes, Harrison – yes, Darling
– yes, Niemeyer –
yes.
Ordinance 4-2000 – An
Ordinance of the Town of Trappe amending the Town
Zoning Ordinance by the creation of Section 26.15,
to establish height limitations for boundary fences
within the established yards in any zoning
district.
Commissioner English made a
motion to adopt Ordinance 4-2000.
Commissioner Darling seconded
the motion.
Vote: Quidas – yes,
English – yes, Harrison – yes, Darling
– yes, Niemeyer –
yes.
Ordinance 5-2000 – An
Ordinance of the Town of Trappe amending the Town
Zoning Ordinance by the creation of Section 26,16,
to require that swimming pools be fenced or
otherwise enclosed.
Commissioner Darling made a
motion to adopt Ordinance 5-2000.
Commissioner English seconded
the motion.
Vote: Quidas – yes,
English – yes, Harrison – yes, Darling
– yes, Niemeyer –
yes.
Ordinance 6-2000 – An
Ordinance of the Town of Trappe amending the Town
Zoning Ordinance by the creation of Section 26.17,
to establish setback requirements for corner
lots.
Commissioner Quidas made a
motion to adopt Ordinance 6-2000.
Commissioner English seconded
the motion.
Vote: Quidas – yes,
English – yes, Harrison – yes, Darling
– yes, Niemeyer –
yes.
Powell Avenue
–
There is a proposal to amend
the contract with Teal Construction, Inc. to extend
the new water main down Powell Avenue. Commissioner
Quidas said that the existing pipe is in good
condition, but that the joints are leaking.
Commissioner Harrison said that it would be a
change order to the existing contract, and the
$17,000 would come out of the Town’s general
fund because it is not part of the
contract.
Commissioner made a motion to
extend the new water main down Powell Avenue as a
change order to the existing contract with Teal
Construction, Inc,. and to pay for it our of the
Town funds.
Commissioner English seconded
the motion.
Vote: Quidas – yes,
English – yes, Harrison – yes, Darling
– yes, Niemeyer –
yes.
New Business
–
Halloween
–
The Council decided to
observe Halloween on October 31, 2000 from 6 to
8p.m.
Mr. Drew Buniski is
requesting water/sewer connections for Lots 83 and
84 on Marvel Drive.
Commissioner English said
that, if undeveloped, they are on the approved lot
list.
Commissioner Quidas made a
motion to grant the connections if the lots are
undeveloped.
Commissioner English seconded
the motion.
Vote: Quidas – yes,
English – yes, Harrison – yes, Darling
–yes, Niemeyer –yes.
Update-
Commissioner Harrison thanked
Commissioner Niemeyer for his efforts toward
providing Trappe with Christmas
decorations.
Commissioner Niemeyer said
that the Town of Hurlock has donated 10 Christmas
tree decorations and 10 Santa decorations to the
Town of Trappe. He asked that a letter be sent
thanking the Town of Hurlock for their
generosity.
Announcements-
The Nace’s Day parade
will be held on Saturday, October 14, 2000 at
1:00p.m.
The meeting adjourned to
executive session at 8:50 p.m.
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