MEMBERS ABSENT: Jon Hallgren (excused)
Mr. Bogdan reviewed the purpose
and procedure of the Zoning Board of Appeals and reviewed the criteria for
granting an area variance. Mr. Bogdan
also explained that, while four members present constitute a quorum, a tie vote
would be considered a rejection.
Therefore, anyone wishing to postpone review of their application until
all members are present may do so. No
one expressed an interest in postponing.
REVIEW AND APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING
All members of the Board
previously reviewed the minutes of the May 9, 2007 meeting. Motion by Brian Hendrie to approve the
minutes. Seconded by Tom Thomson. Voice vote:
All ayes. Approved
as presented.
PUBLIC
HEARING OPENED by Chair @ 7:33 P.M.
Clerk read the legal notice
as it appeared in the Daily Gazette on 6/04/07
Application #07-008 Re-application of Bradley
Johnson and John and Elizabeth Rowe for variances required to construct a new
cottage with an attached deck and detached garage at less than the required
setbacks on property located at 9440 Hart B Road in the Lake District, Town
of Galway, tax parcel #185.18-1-13
Mr. Johnson and Mr. Rowe were present. Mr. Rowe presented the application,
referencing a letter submitted by the applicants (dated 6/1/07 copy attached
and in file), which outlines changes made from their original application. Project would require two variances: one off the south side property line and one
on the west. Applicants also previously
submitted a surveyed plot plan. Comments
from Audience: Tony LaCosta
(neighbor west side, across the road) All for the project. However, asked if they are 100 from the lake
and 100 for all wells (all around them).
Stated this is his only concern.
Mr. LaCosta was given a copy of the plot plan to review. Following review, Mr. LaCosta took issue with
the proposed septic system location, stating that it is not in compliance with
[state] code. Don Castor Asked
questions relative to ZBAs authority/responsibility to review and/or approve
septic designs. Lively discussion took
place. Acting Chair summed up
conversation by stating that the ZBA will proceed with discussion relative to
the variances for the structures only.
Septic system design/approval is not a function of this board; that is a
responsibility of the building/code enforcement officer. However, any variances granted can be
contingent upon the applicants satisfying all state septic system regulations
(per the ruling of the code enforcement officer). Tom Thomson agreed. Board should note that it feels there may be
a problem regarding well/septic system separation (bring it to the attention of
code enforcement officer). Herb Kopper
also agreed. Discussion of requested
variances continued. House (drip line)
will be 13 off the north property line and 15 off west side (no variance
needed there). Garage will be 6 off the
west side property line (13 with the road) and 5 off the south side (also
from the drip line). John Wisniewski
(neighbor across the road) Stated issues with 6 setback. Tim Bogdan pointed out that applicants could
rebuild in exact footprint, which puts the house only 3 off the property
line. Therefore, proposal is an
improvement over pre-existing conditions.
Regarding garage roof height standard height (14 - 15 at peak). Noted: One letter of notification
(addressed to Harts Point, Inc.) returned as undeliverable. No other
questions/comments.
Application #07-009 Application of Walter Behrens
for variances required for walk way decking associated with the construction of
a replacement structure on property located at 1282 Hermance Road in the Lake
District, Town of Galway, tax parcel #185.10-1-48
Mr. and Mrs. Behrens were present. Currently renovating a house on the
property. Entrance is currently on the
side of the house. Want to move it to the
front (to allow access from the driveway).
Proposal is to construct an elevated, covered walkway from the front of
the house to the back of the house east side of the house, 6 8 from the
drip line to the property line.
Basically what they already have there just elevated. Noted:
Nothing received, pro or con, from neighbor to the east. Mr. Behrens reported that he spoke with them,
however, and they have no objection. No
further questions/comments.
Application #07-010 Application of Garry and
Patricia Silk for an area variance to allow subdivision of 5.94 acres into two
lots, creating a 3.01-acre lot for a new residence and leaving 2.93 acres for
the existing house located at 1083 Kania Road, Town of Galway, tax parcels #s
210.-1-14.2 and 210.-1-14.12
Mr. Silk was present and explained their
application. Own 5.94 acres parcel on
Motion by Herb Kopper to close
the public hearing. Seconded by Tom
Thomson. Voice Vote: All ayes.
Motion carried. Public
hearing closed 8:00 p.m.
PUBLIC MEETING
Motion by Herb Kopper that all
three of tonights applications (#07-008, 07-009, and 07-010) fall under
the Type II list of SEQR and no further action under SEQR is required. Seconded by Tom Thomson. Roll call vote: All ayes Motion carried.
Application #07-008
Bradley Johnson and John and
Elizabeth Rowe
Tax parcel #185.18-1-13
Motion by Brian Hendrie to grant
Bradley Johnson and John/Elizabeth Rowe (application #07-008) a 20 side lot
variance on the south side property line and a 9 side lot variance on the west
side property line for a detached garage, as well as a 12 side lot variance
from the north side property line for a new camp (no other variances needed for
the camp -- all measurements are from the drip line of the structures) on
property located at 9440 Hart B Road in the Lake District, town of Galway,
tax parcel #185.18-1-13, as per revised plot plan submitted 5/22/07 and narrative
dated 6/1/07, with the stipulation that the septic system be reviewed/approved
by the code enforcement officer and, according to his determination, meets all
current state and/or local code requirements.
Seconded by Tom Thomson.
No further discussion. Roll call
vote: Tim Bogdan, yes; Tom Thomson, yes;
Herb Kopper, yes; and, Brian Hendrie, yes.
Motion carried. GRANTED
THREE (3) VARIANCES
Variance needed on east side property line only. No adverse affect on neighborhood. No significant impact. Motion by Tom Thomson to grant Walter
Behrens an 18.2 side lot variance on the east side property line (from the
drip edge of the structure) for an attached, covered walkway on a house located
at 1282 Hermance Road in the Lake District, town of Galway, tax parcel
#185.10-1-48, as per plot plan/drawing submitted 05/01/07. Seconded by Brian Hendrie. Roll call vote: All ayes.
Motion carried. GRANTED AN
18.2 VARIANCE, EAST SIDE PROPERTY LINE.
Application #07-010
Garry & Patricia Silk
Tax
parcels #s 210.-1-14.2 (5.41 acres) and 210.-1-14.12 (0.56 acres)
Very minimal variance being requested. Lot pre-existed current 3-acre
requirement. New lot will be 3
acres. Mr. Silk confirmed that the
.056-acre parcel (210.-1-14.12) is factored into the total 5.94 acres. He will be requesting an annexation of the
two parcels and then subdivision when he returns to the Planning Board. Motion by Herb Kopper to grant Garry
and Patricia Silk an area variance to allow the creation of a substandard size
lot of 2.93 acres (for an existing house), which would result from the
subdivision of a 3.01-acre lot from the total 5.94 acres located at 1083 Kania
Road, town of Galway, tax parcel #s 210.-1-14.2 and 210.-1-14.12, as per plot
plan submitted 05/03/07, subsequent to final approval for
annexation/subdivision being granted by the Town of Galway Planning Board. Seconded by Tom Thomson. Roll call vote: All ayes.
Motion carried. AREA
VARIANCE GRANTED
Mr. Silk asked if board knew of any Fanny Mae
accredited appraisers. Board did
not. Suggested he contact town tax
assessor, Tracy Killeen, who might know.
PRIVILEGE OF THE FLOOR None requested
OTHER BUSINESS Acting Chair
acknowledged, with regret, the resignation of Tom Thomson
Motion to
adjourn by Tom Thomson. Seconded
by Herb Kopper. Voice Vote: All ayes.
Motion carried.
Meeting adjourned at 8:30 p.m.
Respectfully submitted,
Carol L. DeLorme, Clerk
06/27/08