MEMBERS ABSENT: None
Chair Hallgren reviewed the
purpose and procedure of the Zoning Board of Appeals and reviewed the 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 April 11, 2007 meeting. Motion by Brian Hendrie to approve the
minutes. Seconded by Tim Bogdan. Voice vote:
All ayes. Approved
as presented.
PUBLIC
HEARING OPENED by Chair @ 7:32 P.M.
Clerk read the legal notice as it
appeared in the Daily Gazette on 4/30/07
Application #07-007– Re-application of Drew Roeters
for area variances required to construct a new year-round home, 24’ w x 86’
long (including an attached garage) with a 24’ w x 15’ long deck on the lake
side, on property located at 1379 Point Road in the Lake District, Town of Galway,
tax parcel #198.06-1-27
Mr. Roeters was present to explain his application. Additional length (from original proposal) is
in the garage area to allow space for workshop, storage, etc. “Won’t be one long building” - will have
different rooflines (garage roof will be lower) to help break up the
expanse. (Drawings were submitted with
original application – in file.) House
will be two-story. Brief discussion
regarding height of building. Applicant
advised board that total height will be within allowable limits. Board advised applicant that it cannot exceed
28’ in elevation from highest point of ground.
In response to questions from Brian Hendrie, Mr. Roeters reported there
will not be a side chimney (as depicted in drawings) – will actually have a gas
fireplace with an interior exhaust pipe.
Board also advised Mr. Roeters that the distances to the property lines
must be from the drip lines of the roof (also discussed at previous meetings
with Mr. Roeters). Discussion regarding
the proposed deck. Noted lakefront is
angled. As variances are not being
requested for the deck, applicant will need to maintain the required 50’
setback from the lake at any point.
Therefore, entire structure will need to be pushed back, further away
from the lake. Mr. Roeters indicated
agreement with this. Comments from board
regarding length of the structure, with concerns over the length specifically
expressed by Tim Bogdan and Jon Hallgren.
Tim Bogdan – realistically could decrease it by 10 to 15’ in length
(supposed to grant the minimum amount of variance needed); however length isn’t
an issue. Jon Hallgren – Same concerns –
However, likes the fact that it gets broken up by width variance on garage,
smaller entrance area and roofline changes.
Helps to keep it within character of the neighborhood. Feels structure that gets built should be as
depicted in the drawings presented [with the application]. Comments from Audience – Tony LaCosta
(neighbor) – Offered remarks regarding the requirement that the “well
must be 100’ from the high water mark”.
Later corrected himself, stating he meant “the septic leach field”
must be 100’ from high water mark. Chair
responded that minutes will reflect his stated concerns, but matter is under
the purview of the code enforcement officer.
(Also noted - septic is proposed to be in the rear of the lot.) Herb Kopper – Noted concerns expressed by
next-door-neighbor (Faye Thompson) during previous application regarding how
the project will be done. Her specific
concern is that the house and garage will not be built at the same time; that
the garage will be built first and then, maybe, at some point the house will be
added to it. Herb felt board should
address that concern. Chair – Believes
building permit requires that construction be completed within one year. Also zoning prohibits construction of a
garage without a primary residence.
Minutes to reflect that board feels house and garage project should be completed
at same time. Mr. Roeters indicated his
understanding and agreement. No
correspondence received this time. No
further discussion/comments.
Motion by Tim Bogdan to close
the public hearing. Seconded by Tom
Thomson. Voice Vote: All ayes.
Motion carried. Public
hearing closed – 7:52 p.m.
PUBLIC MEETING
Motion by Brian Hendrie that
application #07-007 (application of Drew Roeters) falls under
the Type II list of SEQR. Therefore, no
further action under SEQR is required.
Seconded by Tom Thomson. Voice vote:
All ayes – Motion carried.
Chair recapped that request is for two side lot variances. Proposed structure is 86’ long with an
additional 15’ of deck on the lake side.
Proposed building is long, but otherwise does not affect the character
of the neighborhood. Improvement on the
property. Will upgrade well and
septic. No other comments. Motion by Tim Bogdan to grant Drew
Roeters’ request for two side lot variances: an 18’ setback variance (from the
drip line) on the east side property line and an 8’ setback variance (also from
the drip line) on the west side property line for construction of a 24’
wide x 86’ long house (including an attached garage) with an additional 24’
wide x 15’ long deck on the lake side of the house, on the property located at
1379 Point Road in the Lake District, town of Galway, tax parcel #198.06-1-27,
with the following contingencies: a)
that construction is to be as depicted in plans/prints submitted with this
application (i.e., that the extended distance of the structure is in the garage
area – extending the garage, not the house); b) that the house and garage are
to be constructed at the same time; c) that applicant will maintain the
required 50’ setback from the lake at any point on the lake side; and, d) that
the height of the structure will not exceed 28’ from the high point of the
ground. Seconded by
Tom Thomson. No further
discussion. Roll call vote: Jon Hallgren, yes; Tim Bogdan, yes; Tom
Thomson, yes; Herb Kopper, yes; Brian Hendrie, yes. Motion carried. GRANTED TWO AREA VARIANCES; 18’ ON EAST SIDE
– 8’ ON WEST SIDE.
PRIVILEGE OF THE FLOOR – None requested
OTHER BUSINESS
Tim Bogdan will chair the June meeting.
Jon Hallgren reported back on questions
presented to Mark Concilla after last month’s meeting regarding: 1) Surveyed
plot plans for all applications (especially in the Lake District), and Mark
needs to determine the exact setbacks and amount of variance(s) being requested
on all applications – Didn’t get a commitment from him. However, indicated he understood what the
board is looking for. 2) His attending
meetings and/or providing a narrative – He doesn’t really know what to put in a
narrative. Until he is told he must
attend meetings on a regular basis, if we have a special request, he can work
with it. Also would be willing to answer
questions prior to a meeting. Can call
him directly. Herb Kopper countered that
sometimes questions only arise at the meeting (i.e., last month’s questions
over septic system that was reportedly reviewed/approved by Mark) – Can’t
always anticipate what questions might be.
3) Piers - Are acceptable in NYS (per NYS code). Mark’s interpretation is that full foundation
requirement is relative to mobile homes.
4) “Hotdog stand” at Fish House/Rt. 29 (board does not think it received
a site plan review) - Didn’t have time to discuss it, but will try again.
Herb Kopper – Commented on proposed café
at ‘little strip mall’ on Rt 147. Clerk
reported that, to date, matter has not been presented to the Planning Board for
review. Herb – Wondered if it should be
– change in use (from video store). Also
in response to comments from Herb, neither has the liquor store in that plaza
been reviewed by PB.
Re:
New application form - Clerk has prepared a new application form, which
was then reviewed by the board. Some
changes/modifications were offered by members and will be made. Next, will pass it by Mark for his
comments. George Weed reported that town
board is “all for it”(new forms).
Suggested passing it by them prior to implementing its use.
Tom Thomson – Reported he will moving out
of the town July 1; therefore, will need to resign from the board. Can attend June meeting, however. Chair thanked him for his service and
acknowledged his valued participation.
Chair reported to George Weed that Brian
McCormick (Dean Lung Road) has expressed an interest in participating in some
town activities.
Motion to
adjourn by Tim Bogdan. Seconded by
Brian Hendrie. Voice Vote: All ayes.
Motion carried.
Meeting adjourned at 8:40 p.m.
Respectfully submitted,
Carol L. DeLorme, Clerk
05/14/07