MINUTES OF ZBA MEETING

Date: August 8, 2007

Town Hall - 5910 Sacandaga Road

Galway, New York 12074

Meeting called to order at 7:30 p.m. by Chair, Jon Hallgren. Clerk called the roll

MEMBERS PRESENT: Jon Hallgren, Herb Kopper, Tim Bogdan, and Brian Hendrie

MEMBERS ABSENT: None – Currently one vacancy on the board

ALSO PRESENT: Carol DeLorme, Clerk; George Weed, town board liaison; and, one person (applicant) in the audience.

PURPOSE AND PROCEDURE OF THE ZONING BOARD OF APPEALS

Chair reviewed and explained the purpose and procedure of the Zoning Board of Appeals and criteria for granting an area variance.

REVIEW AND APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

All members of the Board previously reviewed the minutes of the July 11, 2007 meeting. Motion by Brian Hendrie to approve the minutes as presented. Seconded by Tim Bodgan. Voice vote: All ayes. Carried. Minutes approved.

PUBLIC HEARING OPENED by Chair @ 7:32 P.M.

Chair explained currently have a four member Board, which could result in a tie vote. As a tie vote would be considered a denial, Chair gave the applicant the choice to continue tonight or postpone review/vote until there is a five-member board. Applicant expressed a desire to proceed tonight. Public hearing was then opened and Clerk read the legal notice as it appeared in the Daily Gazette on 07/30/07.

Application #07-013 – Request of Carol Hynes for side lot variance(s) needed to enclose an existing 20’ x 20’ carport and attach it to an existing shed via a new addition, creating one building … Tax parcel #185.13-1-11

Mrs. Hynes was present. Chair explained variance requested would be a side lot variance. Also acknowledged that the lot is substandard in size; however, in the Lake District this has not been deemed an issue that needs to be addressed via variance request. Mrs. Hynes explained her project: Will be enclosing an existing carport to create a garage, will actually be removing the existing shed and replacing it with a new structure that will connect (attach) to the garage, becoming one structure. Stated her plan is to use the new structure for storage and “sleeping quarters” for out-of-town guests. Chair explained sleeping quarters in an accessory structure (not attached to the primary residence on the property) cannot be approved by ZBA, nor could the code enforcement officer issue a CO for it (would be interpreted as two residences on one piece of property, which is contrary to existing Zoning Regulations). Therefore, the desire for additional sleeping quarters cannot be considered criteria for granting a variance. Other board members agreed. Mrs. Hynes indicated she understood what the Chair was saying, confirming that the structure will be used strictly for utility space/storage. Mrs. Hynes reported the distance from existing shed to property line is approximately 4’. Chair explained that ZBA historically has not approved any structure at less than 5’ off the property line (measured from the drip line of the structure). Therefore, may need to move the addition in by 1’ to accommodate the drip line. A review of minutes relative to previous variance (for carport) revealed a 5’ variance was granted. The carport may not have been put up at the proper setback – applicant should not assume it was placed in the correct spot. Needs to determine, prior to construction, where the property line is and make sure new structure is placed 5’ from it. Mrs. Hynes stated she has a survey denoting exact property lines, so should not be a problem – can make sure new building is at least 5’ off property line. No further questions/comments.

Motion by Tim Bogdan to close the public hearing. Seconded by Brian Hendrie. Voice Vote: All ayes. Motion carried. Public hearing closed – 7:50 p.m.

PUBLIC MEETING

Application #07-013 … Carol Hynes … Tax parcel #185.13-1-11

Motion by Brian Hendrie that application #07-011, application of Carol Hynes, falls under the Type II list of SEQR and, therefore, no further action under SEQR is required. Seconded by Tim Bogdan. Roll call vote: All ayes – Carried.

Chair recapped – As property is located in the Lake District, issue of substandard sized lot does not to be addressed via variance. Request is for a 20’ variance (from the drip line) on the south side property line for a 33’ x 14’ structure with a 3’ x 6’ 8” entryway. Chair reiterated that structure might need to be moved over [from drawing submitted] to assure adherence to the 5’ minimum setback. Chair stated for the record that ZBA is not approving the variance based on the need for sleeping quarters. No significant impact on the neighborhood. Request is reasonable. Hardship is not an issue. Trying to improve the property by enclosing the two buildings. No substantial change to the neighborhood. No further discussion.

Motion by Brian Hendrie to grant Carol Hynes (application #07-013) a 20’ side lot variance (south side property line) for construction of a new 33’ x 14’ structure with an additional 3’ x approximately 7’ entryway on property located at 5710 Crook Street in the Lake District, Town of Galway, Tax parcel #185.13-1-11, as per plan submitted with application on 6/20/07. Seconded by Tim Bogdan. Roll call vote: Jon Hallgren, yes; Tim Bogdan, yes; Brian Hendrie, yes; and Herb Kopper, yes. Motion carried. GRANTED A 20’ SIDE LOT VARIANCE (SOUTH SIDE). Applicant was instructed to contact building inspector/code enforcement officer for necessary permit once she receives confirming letter from ZBA.

PRIVILEGE OF THE FLOOR – None requested

OTHER BUSINESS

Chair: Hot dog stand at corner of Fish House/Route 29 still in operation. Chair will try once again to contact Mark regarding status of permit for operation.

Spoke with two people (Mark Kindinger and Brian McCormick) relative to serving on ZBA. Believe both filled out applications and/or sent resumes. Both seemed interested in serving the Town. Feels either one would be a good addition to the board.

Clerk: No new applications received for next month.

Herb Kopper: Follow up to his comments last month relative to logging at headwaters to Galway Lake - Mary Lynn [Kopper] has proposed to the PB/Town Board that when extensive logging is being done that they obtain a permit from the Town (where they are doing it and how extensive it is). This is particularly important if it is in the watershed area.

Motion to adjourn by Brian Hendrie. Seconded by Tim Bogdan. Voice Vote: All ayes. Motion carried.

Meeting adjourned at 8:01 p.m.

Respectfully submitted,

Carol L. DeLorme, Clerk

08/14/07