MEMBERS ABSENT: Tim Bogdan (excused)
Chair
explained that, while there is a quorum present, with one member absent a tie
vote could occur. Since a tie vote would
be considered a denial, the applicant was given the option to postpone review
until a full board is present. Applicant
opted to continue. Applicant indicated
he was familiar with the purpose and procedure of the Zoning Board of Appeals
and criteria for granting an area variance.
Therefore, Chair only briefly reviewed and explained it again. Applicant stated he had no questions.
REVIEW AND APPROVAL OF THE MINUTES
OF THE PREVIOUS MEETING
All
members of the Board previously reviewed the minutes of the January 9, 2008
meeting. Chair reported he did follow up
with the Town [Board] on matter of substandard size lots (whether or not they
should be reviewed by the ZBA).
According to
Motion
by Brian Hendrie to approve the
minutes as presented. Seconded by
Mark Kindinger. Voice vote: All ayes. Carried.
PUBLIC HEARING OPENED by Chair @ 7:38 P.M - Clerk read the legal
notice as it appeared in the Daily Gazette on 02/05/08.
PUBLIC MEETING
Application #08-001 – Request of Michael
Casadei for area variance(s) in connection with the construction/placement of a
24’ x 30’, 2-car garage at a site between the road and existing residence, at
less than the required setback(s) on lake front property located at 8061
Crooked Street in the Lake District in the town of Galway, Tax parcel
#185.13-1-18
Mr. Casadei was in attendance and presented his
application. Mr. Casadei began by
stating he would like to have the record amended to reflect his plan calls for
a 28’ wide garage (not 24’ wide).
Chair acknowledged his request and recommended board accept it (not a
significant change and both dimensions were mentioned in the application). Chair also reported that he had a
conversation with board attorney, Peter Reilly, about this application. Chair feels Mark (Concilla) may have
misinterpreted the applicable setback on this application (Mark noted front setback as “not
applicable”). Peter confirmed that in
accordance with our zoning law, even though the house is facing the lake, since
it is located on Crooked Street (a main [town] road), Crooked Street would be
considered the front of the property.
Lakeside is considered the front only on private roads in the Lake
District. Therefore, proposal as currently presented, would also require a 10’
front variance (50’ being the required setback). Chair also confirmed with Mr. Casadei that
the building is rotated so that all sides are parallel to the property and that
the setback requests are from drip line.
Height of building has “not really been established” per Mr. Casadei,
but “will be a 2-story building”. Upon
further questioning applicant agreed probably 24’ to 28’ for the height. Since fill will be needed to prepare the lot
for construction anyway, Mr. Casadei agreed he could move the structure further
back, away from the road thereby maintaining the 50’ setback requirement. Mark Kindinger – Mentioned that the setback
plus size of structure would mean a total of about 80’ that would need to be
filled in. Asked how he plans to retain
the sides – retaining walls?
Applicant answered affirmatively. Chair
– Acknowledged it “is a little tight” – skinny, 50’ [wide] lot but garage adds
more value to the property. Chair asked
applicant if he has considered a 24’ wide vs. 28’. Mr. Casadei responded that he did not feel
24’ could accommodate two cars. Chair
acknowledged that 28’ does allow more [interior] room between cars. No further questions/concerns. Mark Kindinger – Pretty substantial retaining
wall. Voiced concern about possible
impact on neighboring properties.
Applicant stated none of the neighbors have expressed concern thus
far.
Motion by Mark Kindinger
to close public hearing. Seconded by Brian Hendrie. Voice vote:
All ayes. Motion carried. PUBLIC HEARING CLOSED.
PUBLIC MEETING
Opened
Motion by Mark Kindinger
that application #08-001 falls under Type II list under SEQR and, therefore, no
further action under SEQR is required. Seconded by Brian Hendrie. No further discussion. Roll call vote: Jon Hallgren, yes; Mark
Kindinger, yes; Herb Kopper, yes; and Brian Hendrie, yes. Motion carried. Chair also addressed that this [parcel] is a
pre-existing substandard size lot with buildings on it already; therefore,
‘grandfathered in’ and not subject to variance review/approval.
Chair
recapped: Clarity of the front setback
has been determined and applicant has indicated a willingness to maintain the
front setback of 50’ from Crooked Street to the building. His request, therefore, is for a 7’ side lot
variance on the south side of the property and a 20’ side lot variance on the
north side of the property for a 28’ wide by 30’ long, 2-car garage. Since board members have voiced concern and
discussion has taken place regarding the possible effect of the retaining walls
on adjoining neighbors, Chair requested the record reflect that applicant needs
to satisfy his neighbors and zoning/code enforcement officer on this matter
(perhaps use of a foundation, rather than retaining walls). Mr. Casadei indicated his agreement with
this. Chair – Does not see a substantial
impact on the neighborhood, no self-created hardship. Motion by Mark Kindinger to
grant final approval to the request of Michael Casadei (Application #08-001)
for a 7’ side lot variance on the south side property line and a 20’ side lot
variance on the north side property line for a 28’ wide by 30’ long 2-car
garage on property located at 8061 Crooked Street in the Lake District of the
Town of Galway, tax parcel #185.13-1-18, per plot plan/drawings submitted with
application dated 01/02/08 and revised 02/13/08, with the stipulation that the
applicant will maintain the required 50’ front setback from Crooked Street, and
that he will work with/mitigate any possible concerns of adjoining neighbors
and/or code enforcement officer regarding effect retaining walls may have on
neighboring properties. Seconded by
Brian Hendrie. No further discussion.
Roll call vote:
All ayes. Motion carried. GRANTED a 7’ SETBACK VARIANCE (SOUTH) AND A
20’ SETBACK (NORTH SIDE).
Note for record: Mr. Casadei still owes $35 fee from previous
application (application was withdrawn subsequent to advertising/notification)
and $35 for this application.
PRIVILEGE OF THE
FLOOR – None requested
OTHER BUSINESS
Discussion
continued regarding pre-existing substandard size lots. Board is requesting that building permit
process require proof that any substandard size lot existed prior to the
changes to the zoning regulations. During discussion, some question arose as to
what date(s) are being used when considering whether or not a substandard size
lot is pre-existing (original enactment of zoning laws, or the more recent
change to a 3-acre minimum, or both/either?).
Board would like clarification from town board of the date(s) the town
is using as qualification for “grandfathering” status. Discussion triggered various other
questions/concerns from Brian Hendrie and Herb Kopper. Chair suggested that ZBA members make a list
of any questions/thoughts/concerns, submit them to George Weed, who will then
present them to Nan or the town board for review/comment.
Chair
read copy of letter received dated 2/8/08 from Terresa M. Bakner, attorney for
Mr. and Mrs. Steven Ercole, to Peter Reilly, Esq. (copy attached).
Herb
Kopper – Mentioned inconsistencies in house numbering on Crooked Street. It appears some residents may be using “camp”
numbers rather than “911” numbers for identification on the road. As a member of EMS, his feeling/concern is
that this can cause undue delayed response to emergencies – a potential public
safety concern. Feels word should get
out to residents that their official 911 numbers should be the only numbers
displayed at roadside. (This applies
only to homes on a main road. Use
of camp #s on private camp roads around the Lake is acceptable). Suggested a notice could go in the newsletter
– perhaps even addressed by multiple officials of the town who submit articles
to the newsletter thereby increasing the chances of it being seen/read – as a
reminder to residents. Suggestion was
made that maybe the Fire Dept. could also address it in their newsletter.
Motion to adjourn by Brian Hendrie. Seconded by Mark Kindinger. Voice Vote:
All ayes. Motion carried.
Meeting adjourned
at 8:35 p.m.
Respectfully
submitted,
Carol
L. DeLorme
Carol L. DeLorme,
Clerk