MINUTES OF ZBA MEETING                                                                                                       

Date:  November 14, 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, Brian Hendrie, Mark Kindinger

 

MEMBERS ABSENT: None

 

ALSO PRESENT:  Carol DeLorme, Clerk; George Weed, town board liaison; and two people (applicants) 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 October 10, 2007 meeting.  Motion by Tim Bodgan to approve the minutes as presented.  Seconded by Mark Kindinger.  Voice vote:  All ayes.  Motion carried.

 

PUBLIC HEARING OPENED by Chair @ 7:36 P.M - Clerk read the legal notice as it appeared in the Daily Gazette on 11/05/07. 

 

Application #07-015 – Request of Kyle Shader for area variance(s) for location of a 20’ x 25’ workshop/storage shed at less than the required 50’ setback on property located at 5087 Consaul Road, Town of Galway, Tax parcel #198.-1-89.11

Mr. Shader was in attendance.  He desires to build a 20’ x 35’, one-story workshop/storage shed for storing of tools, snow plow, etc.  Would like to place it to the right of the driveway for easy access.  Has considered placement in front of, behind, or next to the house but none of those locations are considered aesthetically or practically pleasing.  Desired location would place the structure 30’ from the north property line, requiring a 20’ side lot variance (50’ setback required).  Chair explained that setback would be from the drip line of the roof.  Mr. Shader indicated his understanding.  Chair stated {ZBA} usually encourages owners of large parcels such as this to maintain the required setbacks; however, in this instance it is understandable, from a practical standpoint, why applicant wants to place the structure at the desired location.  Noted for record - Two letters of notification of this public hearing were returned by Post Office as undeliverable: Adam/Veronica Mancini and Michael/Christine Smith.  No comments/calls were received from neighbors.  No comments/questions from audience.  No questions/further discussion from board members. 

 

Application #07-016 – Request of Stuart and Deborah Wilday for area (setback) variances required for construction of a 28’ x 32’ addition to an existing house located at 1333 Point Road in the Lake District, Town of Galway, Tax parcel #198.06-1-13

Stuart Wilday was present to explain the application.  Request is for a 28’ x 32’ (29’ x 33’ with overhang) addition on the side of existing camp for bedrooms.  Variance is needed because the addition would be closer to Dale and Nancy Swann’s property.  Tried to keep addition as small as possible, did not want to build up, possibly obstructing neighbor’s view of the lake, and didn’t want to tear down the existing structure.  Addition will actually be set back farther from the lake than the existing house so will not obstruct the Swann’s view at all.  Cant’ go back, as it would interfere with new septic that was put in this past summer.  Chair noted for the record that Mr. Swann called and left a message that he understood the project and was okay with it.  Chair questioned front setback as written on page 2 of the application.  Following discussion, Mr. Wilday clarified setback from the lake for proposed addition is actually 51’.  Chair noted for the record that this is a substandard size lot, but being a lake property it is not an issue that requires variance consideration.  Request is for an 8’ variance (from the drip line) on the west side of the property.  No further comments/questions from board members.  No comments from the audience. 

Motion by Mark Kindinger to close the public hearing.  Seconded by Brian Hendrie.  Voice Vote:  All ayes.  Motion carried.  Public hearing closed. 

 

PUBLIC MEETING

 

Motion by Brian Hendrie that both applications (#07-015 and #07-016) fall under the Type II list of SEQR; therefore, no further action under SEQR is required.  Seconded by Mark Kindinger.  Roll call vote:  All ayes – Motion carried. 

 

Application #07-015 … Kyle Shader … Tax parcel #198.-1-89.11

Chair recapped – Request is for a 20’ variance for a 23’ x 35’ (including drip edge) from the north side property line.  No substantial impact on the neighborhood; fits the character of the neighborhood.  Motion by Brian Hendrie to grant final approval to the request of Kyle Shader (Application #07-015) for a 20’ side lot variance from the north side property line for a 23’ x 35’ workshop/storage building on property located at 5087 Consaul Road, town of Galway, Tax parcel #198.-1-89.11.  Seconded by Tim Bogdan.  Roll call vote:  Jon Hallgren, yes; Herb Kopper, yes; Brian Hendrie, yes; Mark Kindinger, yes; and Tim Bogdan, yes.  Motion carried.  GRANTED A 20’ SIDE LOT VARIANCE (NORTH SIDE).  Mr. Shader was informed that once letter of approval has been received he should contact the Zoning/Code Enforcement officer for necessary permit(s). 

 

Application #07-016 … Stuart and Deborah Wilday … Tax parcel #198.06-1-13

Chair recapped request is for an 8’ variance from the west side property line for a 33’ (including drip edge) x 28’ addition.  No substantial impact on the neighborhood; fits within the character of the neighborhood.  Motion by Mark Kindinger to grant final approval to the request for Stuart and Deborah Wilday for an 8’ variance for a 33’ x 28’ addition on the west side of an existing home located at 1333 Point Road in the Lake District, town of Galway, Tax parcel #198.06-1-13.  Seconded by Brian Hendrie.  Roll call vote:  Jon Hallgren, yes; Herb Kopper, yes; Brian Hendrie, yes; Mark Kindinger, yes; and Tim Bogdan, yes.  Motion carried.  GRANTED AN 8’ SIDE LOT VARIANCE (WEST SIDE).  Mr. Wilday was also informed to contact the Zoning/Code Enforcement officer for necessary permit(s) upon receipt of letter of approval.   

 

PRIVILEGE OF THE FLOOR – None requested

 

OTHER BUSINESS

 

Herb Kopper reported on his attendance (along with Mary Lynn Kopper from PB) at the recent Wetlands conference.  Dealt more directly with the planning board, but Herb found it both interesting and beneficial. 

 

Chair suggested board members try to attend Zoning/Planning conference being held by SCPB in January as a way of satisfying training requirement.

 

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

Meeting adjourned at 8:05 p.m. 

 

 

Respectfully submitted,

Carol L. DeLorme

Carol L. DeLorme, Clerk