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ZONING BOARD OF APPEALS

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Lee Shimel, ZEO
Office Hours:
Monday: 8:00 AM - 12:00 PM
Thursday: 1:00 PM - 4:00 PM
Friday: 8:00 AM - 10:00 AM
Morgan Melançon, Secretary
Jan Oatman
Chairperson
The Zoning Board of Appeals (ZBA) is an important five-member Board appointed by the Town Board to serve a five-year period, with one member expiring each year.
One of the most significant functions of the ZBA is to review permit applications that have been denied by the Zoning Enforcement Officer (ZEO). When an individual's permit is denied, they have the opportunity to apply for an Area Variance, Use Variance, or an Interpretation to challenge the ZEO's decision. The ZBA reviews these appeals and has the authority to grant variances or interpretations as a means to address the grievances and provide resolution in the zoning and permitting process.
Furthermore, the ZBA may be asked to provide recommendations by the Town Board or Planning Board regarding certain issues. With its important role in the Town, the ZBA works to ensure that all zoning laws are in compliance and make sound decisions while considering the best interest of the community.
MEETING SCHEDULE
The Zoning Board of Appeals (ZBA) meets on an as-needed basis, depending on when applications are submitted. ​When a meeting is scheduled, it typically follows this format:
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Work Session – 6:00 PM
This is an informal discussion period where the Board reviews materials, asks questions, and prepares for the evening’s agenda. No decisions are made during the work session, and public comment is not taken at this time. -
Regular Meeting – 6:30 PM
This is the official meeting where the Board hears cases, holds public hearings, and makes decisions.​
All ZBA meetings are held in the Conference Room of the LeRay Municipal Office Building, and are open to the public.
Work Session:
Meeting:
Location:
March 7, 2024
6:00 PM
6:30 PM
Conference Room
Area Variance - Timothy Garner
Drawing |
Application |
Public Hearings & Notices
When a Public Hearing is scheduled for a project or application, members of the public are invited to attend and share comments. These hearings provide an opportunity for residents, neighbors, and other stakeholders to express support, concerns, or ask questions related to a proposed variance or appeal.
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Required legal notices for ZBA meetings and hearings are published in the Watertown Daily Times in advance of the meeting.
APPEALS
An appeal to the Zoning Board of Appeals (ZBA) is a formal request by a property owner or applicant asking the Board to review or make an exception to a specific part of the Town’s zoning regulations.
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Zoning laws are written to guide how land is used and developed, but sometimes unique situations arise where strict enforcement would create a hardship or lead to confusion. In these cases, an applicant can appeal to the ZBA for one of the following:
AREA VARIANCE
An area variance allows a property owner to deviate from specific dimensional or physical requirements of the zoning law—such as setbacks, height limits, lot size, or building coverage.
It is requested when a project cannot meet one or more of the zoning requirements due to the shape, size, or unique characteristics of the property.
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The ZBA must consider whether the variance would cause an undesirable change to the neighborhood, and whether the request is substantial or can be achieved in another way.
USE VARIANCE
A use variance permits a landowner to use their property in a way that is not normally allowed in that zoning district. This type of variance is harder to obtain and requires the applicant to demonstrate that strict enforcement of the zoning law causes them unnecessary hardship.
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The applicant must meet specific legal criteria, including proof that the property cannot yield a reasonable return if used as currently allowed.
ZONING BOARD OF APPEALS MEMBERS
Comprised of seven members appointed by the Town Board for seven-year terms, the Town of LeRay Planning Board is responsible for reviewing applications related to land use and development, including Site Plans, subdivisions, and special use permits. Members work to ensure that proposed projects align with the Town’s Zoning Law and Comprehensive Plan.
Christian Favret
Member
Term:
12/31/27
David Mushtare
Member
Term:
12/31/29
Wayne Robbe
Member
Term:
12/31/26
Jan Oatman
Chairperson
Term:
12/31/28
Edward O'Brien
Member
Term:
12/31/25