MINUTES OF ZBA MEETING

Date: July 11, 2007

Town Hall - 5910 Sacandaga Road

Galway, New York 12074

Meeting called to order at 7:33 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; and, George Weed, town board liaison, and approximately 20 people 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 June 13, 2007 meeting. Motion by Tim Bodgan to approve the minutes as presented. Seconded by Brian Hendrie. Voice vote: All ayes. Approved

PUBLIC HEARING OPENED by Chair @ 7:38 P.M.

Chair explained that there is currently one vacancy on the board. While four members constitute a quorum, a tie vote is a possibility, and a tie vote is considered a rejection. Therefore, anyone wishing to postpone review of their application until a full board is present is free to do so. No one expressed an interest in postponing. Clerk then read the legal notices as they appeared in the Daily Gazette on 07/02/07.

Application #07-011 – Application of Steve Honicki for side lot variances required for construction of a new home (24’ x 36’) on a lot located at 3029 South Shore Road (Weiss’s Grove) in the Lake District, Town of Galway, tax parcel #198.11-1-90

Mr. John Stevens of Infinigy Engineering was present representing Mr. Honicki and explained the project. Proposal is to construct a new seasonal home (replacing a previously existing camp), 24’ wide x 36’ long on a lot of less than 1 acre (5000 sq. ft.) in the Lake District. Road frontage is 50’ (less than the 200’ required). Camp that was torn down was slightly larger than the camp that is being proposed. Because of the narrow size of the lot, there really is no other place to put the building that would not result in the need for variance. Elected not to move the camp closer to the lake as it would obstruct neighbors’ view of the lake. Chair noted that as a matter of precedent, the Board has generally agreed that most lots on the lake are substandard in size and that area has not been an issue before this Board (when replacing previously existing structures). Board members agreed, not a concern at this point. New home will be 34’ from the road (First Road). Board pointed out that the lake side is generally considered the front of the house (for setback purposes). Therefore, need to reverse dimensions listed on plan for front and rear. Front setback requirement is 50’ (proposing 30’). Also proposing a 34’ rear setback (no variance needed), 15’ west side setback, and 9’ east side setback. Following brief discussion, consensus of board that proposal of centering the new home is a good use of the property; variances requested are reasonable. Comments from Audience: Tony LaCosta – Posed questions regarding absorption fields for the septic system. Chair responded that applicant is proposing a holding tank – no absorption field involved. Also noted for purposes of this meeting that board will assume that well and septic will be in compliance with code (reviewed/approved by code enforcement officer). Cliff Meacham – Asked to review the plan (afforded this opportunity). Chair - Guttering not considered an issue for discussion; appears water would naturally run off toward the lake. Lisa Filkins – Was under the impression this [Honicki] lot was an unbuildable lot. Claims that when she called the town hall prior to purchasing their property, she was informed that this lot was an unbuildable lot (due to the small size) – This was one reason they bought their property. States house will obstruct their view of the lake. Chair informed Mrs. Filkins that regrettably, information she was given was incorrect. Pre-existing, small lots are not necessarily excluded. Even if the lot never had a structure on it, if it pre-existed zoning, the board has historically tried to work with the owners to grant variances to build. Yolando Petrosino (next door to Honicki lot) – Spoke in favor of the project. Feels it will only improve the quality and atmosphere of the neighborhood. Subsequent to discussion regarding setbacks being measured from the drip lines of structures, Mr. Stevens amended the requests to: a 21’ front yard variance, 16’ on the west side, and a 10’ variance on the east side. No other questions/comments from audience or board members.

Application #07-012 – Application of Q Squared, LLC (Jordan May) for an area variance for operation of commercial businesses from a lot of less than 2 acres located at 1608 NYS Route 29 in the C-1 Commercial Zone, Town of Galway, Tax parcel #185.-2-4

(Zoning Regulations, Appendix VI-4, C-1 District – Variance request the result of a change in use of the property)

Jordan was present to explain his application for an area variance. Has two businesses on the site: Primary business is Q Squared, which is the land owner and is a garage/repair business; and, Earth Development, which is an excavation business and would most likely sell the mulch, sand, etc. The excavation business is currently only garaging its trucks/equipment on the site. Q Squared conforms most closely to the existing use of the property. Does not feel character of the neighborhood has been degraded by what he has done; rather, has been improved. Improved the grounds, improved the structure, has intentions of further improvements. Believes the site works. Has other property (in town of Providence) but it is on a town road. In the spring, cannot run his trucks due to posted highways; hence, purchase of commercial property on a state highway. Contends request for area variance is not substantial as the site plan allows for adequate room for everything; enough room for what he is doing, enough green space around, and no overcrowding. Any adverse effects on the community that he has created, he will try to resolve (e.g., buffers, trees, fences, whatever). Chair then clarified the application as he knows it and following discussion with Planning Board Chair, Paul Lent. Expansion has stopped due to some citations and pending approvals from PB and ZBA. Issue is running multiple businesses on one, substandard size lot (1.5 acres vs. required 2 acre minimum in commercial zone). Chair also interpreted the need for two additional variances: Road frontage (approximately 50’ under the 250’ required), and the setback for the [existing] building (less than 100’ from the road). PB cannot move forward on request for site plan review until ZBA renders a decision relative to variance(s) needed. Chair also believes SEQRA would be better addressed by PB (designate them as lead agency). Chair further believes issue of number of vehicles on site (registered/unregistered), and number of parking spaces is an issue for the PB, as is buffer zones, size and growth of business. ZBA should look at -- can a repair shop for larger vehicles, retail sale of some aggregate material that compliments the excavation business, and storage of excavation vehicles all be sustained on a substandard size lot without having a negative impact on the neighborhood. Other board members agreed. Discussion opened for Comments from Audience: Don Malinowski (behind the property) – Comments centered around noise, dirt, number of vehicles on the property, impact on neighborhood (feels it will be substantial), appearance – Would like to see better buffer (objected to Jordan’s effort of planting trees). Chair – Site Plan Review with Planning Board is the appropriate place for discussion of these issues – details of the plan would have to be approved by the PB. ZBA’s function is to determine if the businesses will fit on the property. Sensitive to the character of the neighborhood, but property is in a commercial zone. Mr. Melunis – Echoed same concerns expressed by Mr. Malinowski plus concerns that property is too small to handle the businesses. Chair reiterated that discussion about buffer zone and what constitutes adequate buffering is a function of the PB. Herb Kopper – Feels it is a big jump from passenger car repair service to proposed use of semi truck repair service. Questions whether the property is big enough – Also voiced concerns regarding possible spills (fuel, cleansers, solvents, etc.) - possible contamination of adjacent wells, but realizes this is also a PB issue. Doug McCarthy – Spoke in general support of Jordan and his ambitions, but voiced concerns over the business’ effect on the character of the neighborhood and property values of surrounding properties (feels it will have a negative impact). Also concerned about containment system.

Motion by Tim Bogdan to close the public hearing. Seconded by Brian Hendrie. Voice Vote: All ayes. Motion carried.

Public hearing closed – 8:39 p.m.

PUBLIC MEETING

Application #07-011 … Steve Honicki … Tax parcel #198.11-1-90

Motion by Brian Hendrie that application #07-011, application of Steven Honicki, 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 – Motion carried.

Chair recapped – Re: Substandard lot size (5000 sq. ft. vs. 1 acre) Board agreed pursuant to past practice, not an issue in the Lake District; Frontage – 50’ vs. 200’ required – Also not an issue in the Lake District, based on past practice; Looking at granting a 21’ front (lake front) variance, a 16’ variance on the west side, and a 10’ variance on the east side (no variance requested on the road (or rear) side of the lot. New construction is somewhat less than the previous home, appears to fit within the character of the neighborhood, no substantial change from the previous layout (squaring it up on the lot), and actually decreasing some of the previous setbacks. Feels it is an improved use of the property. New well and septic are subject to review/approval by the code enforcement officer; his responsibility to ensure they are brought up to code. All setbacks will be from the drip line of the new structure. Motion by Brian Hendrie to grant the afore-stated variances to Steven Honicki (application #07-011) for construction of a new, 24’ x 36’ seasonal home to be located at 3029 South Shore Road (Weiss’s Grove) in the Lake District, Town of Galway, tax parcel #198.11-1-90. Seconded by Tim Bogdan. Roll call vote: Jon Hallgren, yes; Tim Bogdan, yes; Brian Hendrie, yes; and Herb Kopper, yes. Motion carried. GRANTED THREE VARIANCES: 21’ FRONT (LAKE SIDE), 16’ WEST SIDE, and 10’ EAST SIDE. Applicant was commended for the completeness/thoroughness of the presentation.

Application #07-012 … Q Squared, LLC (Jordan May) … Tax parcel #185.-2-4

Motion by Brian Hendrie to name the Town of Galway Planning Board as lead agent for SEQRA review, thereby, deferring all SEQRA issues and review to the Planning Board. Seconded by Tim Bogdan. Voice vote: All ayes – Motion carried.

Chair recapped: Application is relative to operation of two businesses on a substandard size lot (1.52 acres vs. 2 acres) with less than the required 250’ road frontage (however, Board agrees minimal issue and not under consideration for variance), and the existing building (being renovated for increased use) is at less than the required setback from the road (however, again not an issue for variance consideration). Only variance being considered tonight is for the operation of multiple businesses on 1.52 acres vs. 2 acres. Tim Bogdan – Doesn’t think acreage is an issue with the type of business being proposed (not much difference whether 1.52 acres or 2 acres). Jon Hallgren – agreed. Also, SEQRA issues and spill issues (environmental impact), a matter for the PB, as is dust/dirt abatement. Visual impact, character of the neighborhood issues for the ZBA. Herb Kopper – Credited Jordan with going out of his way to try to accommodate, but does feel character of the area is being adversely impacted (i.e., having semi trucks parked along the back of the property). Also feels the size of the lot, closeness to surrounding residences, etc. is such that he is having difficulty with it. Brian Hendrie - Need to address the three initial points. Aesthetics, buffers, etc., not the concern of this board. Neighbors should go to the PB meetings to make their feelings known. PB can, and may, restrict him as to the number of trucks/trailers he can have on the property at one time. Tim Bogdan – Relating to the character of the neighborhood, it is a commercial zone and will remain so. While admittedly, tractor trailers are larger than cars, does not really think it would be a substantial change. Won’t be easy, but buffers can address a lot of it. Jon Hallgren – Very sympathetic with neighbors’ concerns, there is a change in the use of the property, but PB has the ability to set up conditions that can minimize that. Whether it is 1.5 acres or 2 acres, same concerns exist. Brian Hendrie – agreed. Chair reiterated ZBA will defer the conditions for volume, buffers, etc. to the PB. Again encouraged neighbors in attendance to go to the PB meeting(s) to express their concerns. Motion by Brian Hendrie to grant an area variance to Q Squared (Jordan May), application #07-012, for a substandard size commercial lot of 1.52 acres (from 2 acres), accepting the fact that the frontage is approximately 50’ less than required [250’] frontage and that the existing building setback is also at less than the required setback, but it is an existing building being remodeled and, therefore, does not require variance consideration. Seconded by Tim Bogdan. No further discussion. Roll call vote: Jon Hallgren, yes; Tim Bogdan, yes; Brian Hendrie, yes; Herb Kopper, no (too drastic a change– has been championing businesses in commercial zones, but just thinks this in this particular setting is just too much). Motion passed by a 3 to 1 vote. AREA VARIANCE GRANTED. Motion by Brian Hendrie to amend previous motion to include stipulation/contingencies that Planning Board will address: 1) the number of and types of businesses to operate from the site; 2) consider regulating the size and growth of the businesses; 3) regulate the parking and number of vehicles (registered and unregistered) on the property; 4) work with the neighbors regarding buffers and green space; 5) hours of operation; 6) SEQRA review/environmental impact, spill abatement, etc. Seconded by Tim Bogdan. No further discussion. Roll call vote: All ayes. Motion to amend previous motion carried. Matter will now be referred back to the Planning Board for further review and final action relative to site plan review/special use permit. Audience was advised they are welcome to attend any subsequent PB meetings (fourth Tuesday of each month). Also advised that when set for public hearing by the PB, all property owners within 2500’ will be notified by mail of the date/time of the public hearing.

PRIVILEGE OF THE FLOOR – None requested

OTHER BUSINESS

Herb Kopper reported on some logging that has taken place that has resulted in silting conditions in Galway Lake.

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

Meeting adjourned at 9:15 p.m.

Respectfully submitted,

Carol L. DeLorme, Clerk

07/19/07