MEMBERS ABSENT: None
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 November 14, 2007
meeting. Motion by Brian Hendrie to
approve the minutes as presented. Seconded
by Mark Kindinger. Voice vote: All ayes. Motion carried.
PUBLIC HEARING OPENED by Chair @ 7:35 P.M - Clerk read the legal
notice as it appeared in the Daily Gazette on 12/03/07.
Application #07-018 – Request of Michael
Casadei for area variance(s) in connection with the placement of a proposed 24’
x 30’, 2-car garage at less than the required setback(s) on property located at
8061 Crooked Street in the Lake District in the Town of Galway, Tax parcel
#185.13-1-18
Chair announced that Mr. Casadei called him
tonight, stating that he would not be in attendance and was withdrawing his
application and would resubmit at another time.
Therefore, no discussion of this application.
Application #07-019 –
Request of Timothy Sorrentino o/b/o Phillip/Lois Bower for an area variance for
construction of a proposed new home at a location that would not satisfy the
required 50’ (front) setback on property located on Perth Road in the Town of
Galway, Tax parcel #198.-1-6 - Mr. Sorrentino was
present on behalf of the Bowers and explained the proposal. There are substantial wetlands on this
property. He contacted DEC – They came
out and marked the boundaries and the 100’ buffer. If activities are to take place within the
buffer area, then he would have to submit to DEC for the appropriate permits.
Again visited the site with a DEC representative. Representative found that there is no place
to put a house without being in the buffer area, but it would not infringe on
the wetlands itself. Upon request of
Chair, Mr. Sorrentino came forward and explained the site plan submitted with
his application. Maximum dimensions of
proposed house - 35’ deep x 50’ across (2-story) including garage. Mr. Sorrentino also reported that DEC
informed him that, if he were to request to infringe on the buffer area, the
first thing they would ask is has he done anything to minimize the impact to
the area (i.e., has he tried to move the house/activity and gone to the local
ZBA for variance approval. Mr.
Sorrentino’s request is to place the house 20’ off front property line. Chair and Brian Hendrie - Felt that was
“pushing it” – out of character with the neighborhood. Tim Bogdan –
Comments from Audience: Steve Ercole – lives across the road
from this property. Cited a couple issues
of concern. 1) Current, separate
structure to the east of his property that has been built that he feels is
negatively impacting the value of his property; 2) If this is an “outside
people” that do not live in the town that own the property and are having the
house built on speculation [to sell], he objects to this – Feels cannot fit a
house that would be within character of the neighborhood on such a small lot –
Fears it may also negatively impact the value of his property. Chair acknowledged his concerns/points as
well taken. However, lot was created
prior to 3-acre minimum requirement.
Also, Board is considering a 40’ vs. the requested 20’ setback – does
not feel 10’ (40’ vs. 50’ setback) is significant enough to affect the
character of the neighborhood. Proposed
35’ x 50’ home would not “overpower” the lot - Applicant is trying to center
the house on the property – very limited space for septic/leach field and
well. Board is trying to maintain the
rights of the property owner to achieve [reasonable return] for their
property. Mr. Sorrentino added that
style of house would be “colonial” so as to fit into the neighborhood. No other comments from the audience.
Application #07-020 –
Request of Chris Kittredge for area variance(s) in connection with the
placement of a new (replacement) home at less than the required setback
requirements (front and side) on property located at 3071 Parkwood Drive East
in the Lake District in the Town of Galway, Tax parcel #198.11-1-59
Mr. Kittredge was present. Explained original house burned down and he
wishes to rebuild. Exact dimensions of
original house could not be defined; therefore building in exact footprint is
not possible, thus the need for area variance.
New house will be of similar style but a full 2-story, rather than story
and a half. Small pre-existing lot (0.11
acres) located in the Lake District. New
house will be 20’ x 50’ (size not specified on plot plan provided). Mr. Kittredge stated a complete building plan
(blueprint) was submitted with the application to the building inspector
(however, it was not made a part of the variance application). It will be 5 – 7’ from Frank’s [Santoro]
property line (about the same as previous house), about 25’ from Dan’s [Szabo]
property line. New house will also have
a full foundation. Some discussion took
place among board members about centering the house more on the lot (10’ off
property line would allow room for maintenance of house, mowing, etc). Mr. Santoro, Mr. Szabo and Mr. [Steve]
Warren, neighbors to the east, west and north, respectively, were all present
and voiced concerns regarding placement of proposed new septic system in
relation to their wells citing concerns about possible well contamination. Mr. Kittredge reported he also submitted an
engineered septic plan (proposing an Elgin system) to the building inspector;
however, this also was not forwarded with the application. Chair mentioned that this board does not
monitor wells and/or septic system designs – this is a responsibility of the
building inspector. Board can stipulate
that it be an engineered system, but does not fall under the purview of this
board. Discussion took place among board
members regarding minimum standards for separation distances. Brian Hendrie questioned whether if t/o
Galway has more stringent regulations, do they prevail over more lenient state
guidelines – what is the legal aspect of that?
Brian suggested that matter be postponed until septic system issue has
been resolved. Chair disagreed, stating
can state that it must be an approved, engineered septic system and must
satisfy the t/o Galway code, but not the job of this board to review engineered
drawings for septic systems. Brian
agreed, but his contention is that the if house should be moved farther away
from the property line (more centered on the property), then the question gets
to be does the system need to be redesigned?
(Elgin system still requires a leach field – wondered if there is
adequate separation distance.) Chair
reiterated that this is not a matter for review by this board – should move on
and focus on where we want the building.
Applicant will then have to make the septic system conform. Mr. Szabo – Opposed to moving the
house any closer to his property citing concerns he had when original house
burned. Chair countered that he did not
feel the change from 5’ to 10’ would be substantial and that 10’ off the
property line is a better situation.
Chair also stated that minimum distance allowed from drip line of a
structure to a property line is 5’.
Applicant stated he has no objection to centering the structure on the
lot even if it could result in some redesigning of the septic system. Chair recapped, board is looking at a 15’
variance for a10’ setback (from the drip line) on the east side; on the front
(north - Parkwood Drive East) side, a 5’ variance for a 20’ setback; and, on
the west side, a 7’ variance for an 18’ setback. No variance request for the south side – well
within the 15’ setback requirement.
Applicant confirmed this project is all house – no garage, no
decks. Also confirmed it is his intent
to build and sell. He is in the Navy
(will be transferred in the middle of the year) – building this just to not
take a loss on the property. Steve
Warren – No objection to applicant building a home [for himself], but if
not planning to live there, not so much in favor -- “kind of jeopardizes the
whole neighborhood’ -- concerned about his well. Chair encouraged neighbors who are concerned
to approach Mark Concilla and review the engineering for the septic with him –
express their concerns with him directly.
Mr. Szabo - Asked if Mark Concilla has final say on issuance of a
permit? Chair answered affirmatively and
again explained that, while a septic system may be a “concern” of the board, it
is out of its jurisdiction. It is up to
Mark to enforce conformance with the t/o Galway code and NYS code. No further comments/questions.
Motion
by Mark Kindinger to close the
public hearing. Seconded by
Brian Hendrie. Voice Vote: All ayes.
Motion carried. Public
hearing closed @ 8:30 p.m.
PUBLIC MEETING
Application #07-019 …
Request of Timothy Sorrentino o/b/o Phillip/Lois Bower … Tax parcel #198.-1-6
Board began SEQR review. Some discussion about whether or not negative
declaration could be granted due to the existence of the wetlands on the
property. Chair – Board has not had any
experience with SEQR review (previous applications have always fallen under the
Type II list whereby no further action under SEQR was required). Board went into discussion. Chair then polled the board as to whether or
not they were comfortable proceeding with the SEQR review: Herb – no; Brian – Only if stipulated that
DEC became the lead agency; Jon – Somewhat comfortable with Brian’s suggestion;
Tim Bogdan – Also agrees with Brian; however, can’t appoint a lead agency, have
to ask them; Mark – agreed. Consensus
that final action should be held off – should table application pending
discussion with board counsel or others to determine correct way to proceed
with SEQR review. Motion by Mark Kindinger to table Application
#07-019, until January 9, 2008 to allow the board and applicant time to review
the SEQR procedure and for Chair to consult with ZBA attorney to get his
recommendation. Seconded by Tim Bogdan. Roll call vote: Jon Hallgren, yes; Tim
Bogdan, yes; Mark Kindinger, yes; Herb Kopper, yes; Brian Hendrie, yes. Motion carried. APPLICATION TABLED UNTIL JANUARY 9,
2008.
Upon request from Mr. Sorrentino for clarification,
Chair explained he will contact Peter Reilly (ZBA attorney) to find out how the
board should act upon the SEQR and whether or not the project can be given a
negative declaration. Chair encouraged
Mr. Sorrentino to contact Peter, as well (to avoid possible time delays if the
two of them have difficulty contacting each other) to ask if his application
presents a possible positive SEQR declaration.
Chair also provided Mr. Sorrentino with his home and work phone #s
should he need them. Chair received
confirmation from board members that they are all in agreement with a 40’
setback from the road. Also, that Herb
Kopper would like the minutes to reflect that the septic drainage field will be
within the boundaries shown on plan submitted with application. Herb responded affirmatively, adding that
since the house/foundation are now going to be even closer to the wetlands
(within 100’ buffer), he would like DEC to thoroughly review it as to its
impact, if any, on Galway Lake and/or its watershed. No further discussion.
Application #07-020 …
Request of Chris Kittredge for area variance(s) … Tax parcel #198.11-1-59
Motion by Brian Hendrie
that application #07-020 falls under the
Type II list of SEQR; therefore, no further action under SEQR is required. Seconded by Tim Bogdan. Roll call vote: All ayes – Motion carried.
Chair recapped - Variance request being
considered is 15’ (east side) for a 10’ setback, a 5’ variance (north side) for
a 20’ setback, and a 7’ variance (west side) for an 18’ setback (no variance is
needed for the south side) for a 50’ x 20’ structure and all setbacks are from
the drip lines. As part of this variance
request, ZBA strongly recommends that our code enforcement officer review the
t/o Galway guidelines for property line setback requirements for NYS engineered
septic systems and that he closely follow the NYS guidelines for the engineered
septic system on this lot. All board
members were in agreement. Chair also
requested record show that three of the neighbors expressed concerns about
their wells (possible contamination).
Also noted that board recommended the neighbors review their concerns
directly with code enforcement officer, Mark Concilla. Frank Santora (east neighbor) – Asked
if two existing holding tanks would be “coming out and new stuff going
in”. Again, neighbor was encouraged to
discuss this with Mark Concilla.
Motion by Brian Hendrie to
grant final approval to the request for Chris Kittredge (Application #07-020)
for a 15’ variance (east side) for a 10’ setback, a 5’ variance (north side)
for a 20’ setback, and a 7’ variance (west side) for an 18’ setback (no
variance needed for the south side) for construction of a 50’ x 20’ house on
property located at 3071 Parkwood Drive East in the Lake District in the
Town of Galway, Tax parcel #198.11-1-59, with all setbacks being
measured from the drip line of the structure.
Seconded by Tim Bogdan. Roll
call vote: All ayes. Motion carried. GRANTED THREE VARIANCES AS LISTED ABOVE. Mr. Kittredge was instructed to contact the
Zoning/Code Enforcement officer for necessary permit(s) to proceed with his
project upon receipt of letter of approval from ZBA.
Application #07-018 … Request of Michael
Casadei for area variance(s) … Tax parcel #185.13-1-18
Motion by Mark Kindinger
to accept Michael Casadei’s absence at tonight’s meeting and telephone
conversation with the Chair as his withdrawal of his application thereby
considering this application closed. Seconded
Tim Bogdan. Roll call vote: All ayes.
Motion carried.
APPLICATION CLOSED. Should Mr.
Casadei wish to pursue this request at a later date it will be necessary for
him to reapply and submit the appropriate application fee.
PRIVILEGE OF THE
FLOOR –
None requested
OTHER BUSINESS
Additional
discussion regarding septic system guidelines.
ZBA is hereby asking the town board provide it with a copy of the t/o
Galway guidelines for septic systems.
Motion to adjourn by Tim Bogdan. Seconded by Brian Hendrie. Voice Vote:
All ayes. Motion carried.
Meeting adjourned
at 9:10 p.m.
Respectfully
submitted,
Carol
L. DeLorme
Carol L. DeLorme,
Clerk