Newark hears Zoning requests

The Village of Newark Zoning Board met on Monday afternoon to hear applications for a several area variances, and a use variance.

Jill Marefka of 408 Mason St. appeared before the board requesting an area variance to construct a 12 x 22 deck at the rear of her R-1 residential property.

It was revealed by an onsite inspection of the property by Charles Ackerman, Code Enforcement officer, that the deck was already in place. This information was passed on to the Newark Planning Board, which had met on November 2. Because that applicant did not appear before the Planning Board as scheduled, the board denied the Marefka request.

The Zoning board questioned Marefka as to why she allowed construction of the deck to proceed in view of the fact that a variance was clearly needed. After hearing her side of the story, Ackerman, offered his opinion to the board that this was the most flagrant violation of zoning regulations that he had seen in 27 years of code enforcement.

The board proceeded to consider the application based on elements and findings of fact normally considered for an application of this type.

Ths board then voted 5-0 in favor of granting the application to allow the deck. The board then instructed C.E.O. Ackerman to handle the violation pursuant to village law. A violation of village zoning laws could bring a fine of up to three times the permit fee, or removal of the structure in question if fines are not paid.

In other zoning business, Karl F. DeMay, of 114 Linden Ave. received permission to construct an 8-foot addition to the south side of his garage. A variance was needed because the addition would be only two feet from the property line.

Frank Zappia and Terry DeVries addressed the board with their plan to construct a 27,000 square foot addition onto the existing Zappia Vending Building on Ford St. This application was the final hurdle in Zappia's efforts to expand their Newark operation, thus keeping their presence in Newark. Zappia received permission from the Town of Arcadia to purchase town property at the corner of Ford and Blackmar. He also obtained waiver of sub-division from the village. The village re-zoned the corner of Ford and Blackmar from PD-1 (planned development) to I-1 (industrial), which will allow the project to move forward.

The board voted 5-0 to to allow the new addition to have a 25-foot setback, 40-foot front yard and within 100' from residential uses. No one appeared in objection to the proposal.

Don Depauw, owner of EnVogue, 202 South Main Steet, appeared before the board to ask that his application for a use variance be tabled until the next meeting. His request was based upon the need for more time to prove hardship that would be needed as an element to be considered in his proposal to convert the upper story of his building to apartments. The board unanimously granted his request.

top of page

Copyright © 1998
Courier-Gazette, 613 S. Main St. Newark, N.Y. 14513
All Rights Reserved