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ZBA grants setback relief for shed at 286 Park Place; board conditions relief on survey and permits
Summary
After extensive public discussion and questions about property lines, the Zoning Board of Appeals approved rear- and side-yard setback relief for a shed at 286 Park Place, and required an accurate survey, staking and compliance with town codes.
The Grand Island Zoning Board of Appeals approved setback variances for a proposed shed at 286 Park Place on March 6 but conditioned the approval on documentation of the property corners and compliance with town codes.
Diana Lorenti, who identified herself as a broker representing neighborhood interests, raised concerns in public comment about setting a precedent if the board allowed encroachment onto town-owned parkland. She asked, “Are we setting a precedent for all of his neighbors?” noting the town-owned open space behind the lot is nearly 14 acres.
Board members spent the bulk of the meeting discussing where the lot line lies, drainage in the rear of the lot, and building-code requirements. Building Inspector Ron Milks and other staff told the board that the town owns a wide swath of land behind the property that was donated when the subdivision was created and that it is not intended for subdividing into private lots. Staff also said that for this lot there is no drainage pipe running across the backyards as there is for neighboring properties.
The applicant (identified in the hearing as the property owner at 286 Park Place) told the board he is asking for a maximum of a six-foot setback from the right-of-way and that where the pad will be placed is still being finalized. Board members repeatedly said they needed an accurate, stamped survey that shows the property pins and that the applicant must stake the proposed building location on the ground.
After extended discussion about precedent, drainage and the town’s likely use of the open space, Member Tim Phillips moved to grant relief; Member John Bridal seconded. The motion as recorded in the transcript requests a rear-yard setback (described in the hearing as two feet or more from the property line in one motion and later clarified in wording exchanged among members) and a side-yard variance leaving at least six feet between the shed and the property line. The board voted to approve the motion by voice vote.
The board set conditions: the applicant must locate the property pins and provide an accurate survey stamped by a surveyor showing the proposed building location, stake the pad location on site, and obtain all required building permits and meet town-code requirements (including fire-rated wall requirements noted by the building inspector). Board members emphasized that, once the survey is provided and the location is confirmed, the approved variance dimensions will control where the building can be placed.
Board members also noted that neighbors present expressed no objection to the project. The board reiterated that any party aggrieved by the decision may file an Article 78 proceeding in New York State Supreme Court within 30 days of the decision’s filing with the town clerk.
