MEMBERS ABSENT: Mark Kindinger
Chair
explained that, while there is a quorum present, with one member absent a tie
vote, which would be considered a denial, could result. Therefore, anyone wishing to postpone his or
her application until such time as a full board is present may do so. No one indicated a desire to postpone. Chair then 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 December 12, 2007
meeting. Motion by Brian Hendrie to
approve the minutes as presented. Seconded
by Tim Bogdan. Voice vote: All ayes. Motion carried.
PUBLIC HEARING OPENED by Chair @ 7:32 P.M - Clerk read the legal
notice as it appeared in the Daily Gazette on 01/02/08.
Clerk then explained that is was recently discovered that the notices of
public hearing mailed to adjacent property owners contained an incorrect date
for the public hearing. Letters were
dated December 30, 2007; however listed the date of public hearing as December
12, 2007. Clerk subsequently contacted
all parties to whom letters were sent by telephone, explaining the error and
informing them of the correct date of the public hearing. She then consulted with board counsel, Peter
Reilly. Mr. Reilly advised that since
the legal advertisement listed the correct date and all parties were notified
of the correct date, he had no problem with the board proceeding with the
public hearing. Mr. Reilly also
recommended the minutes reflect what transpired. Chair reported he received only two phone
calls regarding the mix-up, and he advised the parties of the correct date, as
well. (Also noted that two letters were
returned as undeliverable -- Addressed to: Dale J. Dame and David & Brenda
France.) Public hearing then proceeded.
Application #07-021 – Request of Gilbert Van
Guilder o/b/o Thaddeus Quay for an area variance (road frontage) from the
required 200’ to 196.6’ to allow continuation of a request before the Town of
Galway Planning Board for subdivision of a 3.34-acre lot from an approximate
34-acre parcel located on the north side of Hermance Road in the Town of
Galway, Tax parcel #174.-1-93.1 Mr. Duane Rabideau from Van Guilder
Associates was present representing Mr. Quay.
Request is for a 3.5’ variance from the required 200’ minimum road
frontage requirement in the town of Galway.
The reason for the issue appears to be that when Mr. Quay subdivided two
lots to the west for his sons, he was under the impression there was 250’ left
to the most easterly lot line. There is
currently an application for subdivision pending before the town Planning Board
to subdivide a 3.34-acre lot from the remaining approximate 34-acres. A recent survey revealed the road frontage to
be only 196.6 feet. PB cannot proceed
with the request for subdivision until an area variance is granted by the
ZBA. Mr. Van Guilder did contact Mr.
[John] Sutton who represents the people who own an abandoned road on the east
property line to see if he could purchase part of the road to gain the
additional frontage needed, but at this point in time, he has been
unsuccessful. Lot meets all other
requirements. No further discussion. Motion by Tim Bogdan to close the
public hearing. Seconded by Brian
Hendrie. Voice vote: All ayes.
Motion carried. Public
hearing closed.
PUBLIC MEETING
Application #07-019 –
Request of Timothy Sorrentino o/b/o Phillip/Lois Bower for an area variance for
construction of a proposed new home at a location that would not satisfy the
required 50’ (front) setback on property located on Perth Road in the Town of
Galway, Tax parcel #198.-1-6 - Continuation of public
meeting from December 12th meeting.
Motion by Tim Bogdan
to untable application #07-019. Seconded by Brian Hendrie. Voice vote:
All ayes. Motion carried. Mr. Sorrentino was again
present. Chair reported on
his consultation with board counsel, Peter Reilly relative to the SEQR
requirements for this application. After
discussion with Mr. Reilly, it is extremely clear what ZBA’s direction is on
this issue. Believes the wetland issue
threw the Board off, coupled with unfamiliarity with SEQR specifics, but the
type of actions that come before [the ZBA] definitely fall under Type II
classification and are considered unlisted actions under SEQR (Chair read from
§617.5 – Type II Actions, paragraph (c), (12) and (13)). Area/setback variances not considered by SEQR
to have significant impact; therefore, no action by this board is required. Also asked Peter about the wetland issue. He stated it is a DEC issue. Once it’s in their hands (becomes their
jurisdiction) it’s up [DEC] to determine all issues. According to Peter, Herb’s stated concerns
about the Galway Lake watershed and possible drainage can be mentioned in our
minutes, but it remains DEC’s duty to follow up on this. Chair then requested a motion. Motion by Brian Hendrie
that both of tonight’s applications fall under Type II list under SEQR and,
therefore, no further action under SEQR is required. Seconded by Tim Bogdan. No further discussion. Roll call vote: Jon Hallgren, yes; Tim
Bogdan, yes; Herb Kopper, yes; and Brian Hendrie, yes. Motion carried.
Mr. Sorrentino
then presented the board with some updated drawings (in file). Setback will be 40’ off the road; therefore,
requesting a 10’ variance. In response
to concerns expressed by [Mr. Ercole] at last month’s meeting about the house,
itself (i.e., appearance) Mr. Sorrentino also provided a drawing of the
proposed house. Brian Hendrie noted that
drawings show a porch on the house.
Since the porch is considered part of the structure, additional
adjustments will be necessary. Mr.
Sorrentino stated he would make the porch a little narrower, as well as the
depth of the house a little less so as to maintain the 40’ setback. Motion by Brian Hendrie to
grant final approval to the request of Timothy Sorrentino o/b/o Phillip and
Lois Bower for a 10’ setback variance from the required 50’ setback requirement
on the front (road) property line for construction of a new house on the north
side of Perth Road, town of Galway tax parcel #198.-1-6, as per plot
plan/drawings submitted with application dated 11/1/07 and revised 01/09/08, with
setback being measured from the drip line of the structure, as
well as an area variance for building on a pre-existing substandard size
building lot (1.5 acres). Seconded by
Tim Bogdan. Further discussion: Herb Kopper – Expressed his thought that
[ZBA] may be running into more and more [pre-existing] substandard size
lots. There are a lot of wetlands in
Galway. His concern is that in “rubber
stamping” (and in this particular case, it’s for speculation for sale) [the
ZBA] has to be careful not to throw everything into the lap of ENCON to deal
with. Feels we have an obligation that
goes a little beyond that on behalf of the town to make sure that we are not
encouraging intrusion into wetlands by granting approval on substandard lots
when we are aware that there are issues such as wetlands to consider. Does not see a problem with denying a request
when there is this much intrusion of wetlands on the subject property. Does not want to have a feeling that what
[ZBA] is doing is saying go ahead and do what you want – if you meet all the
other town’s requirements, it’s not our problem; ENCON can take care of
it. Jon Hallgren – Feels DEC is about as
strict as you can get on these matters.
Board is going by the book and should rest comfortably. Herb – Would feel a little bit differently if
the landowner was going to live there and not selling the property for personal
gain (owner may be a better steward).
Can impact adversely on what he sees as a “dwindling resource” in the
town. Does not disrespect landowners and
their rights, but reiterated his previously stated concerns. Sees it as a possible precedent for similar
actions that may or may not be in the town’s best interest. No further discussion. Roll call vote on
previously stated motion:
All ayes. Motion carried. GRANTED a 10’ SETBACK VARIANCE (FRONT) AND AN
AREA VARIANCE (PRE-EXISTING LOT OF 1.5 ACRE).
Mr. Sorrentino was referred back to Zoning/Code Enforcement officer and
DEC for all necessary permit(s) to proceed with this project upon receipt of
letter of approval from ZBA.
Application #07-021 … Request of Gilbert VanGuilder
o/b/o Thaddeus Quay … Tax parcel #174.-1-93.1
Chair – Request seems very minimal. Meets the criteria for approval by the
ZBA. Will fit within the
neighborhood. Lot meets all other requirements. Board members indicated agreement. No further discussion. Motion by Brian Hendrie to grant
Gilbert Van Guilder, Land Surveyor, PLLC, o/b/o Thaddeus Quay (application
#07-021) a 3.5’ variance from the 200’ road frontage requirement contingent
upon final approval of the request for subdivision by the town of Galway
Planning Board. Seconded by Tim
Bogdan. No further discussion. Roll call vote: All ayes.
Motion carried. GRANTED A
3.5 ROAD FRONTAGE VARIANCE. Matter is
now referred back to the Planning Board for final ruling on request for
subdivision. Application will be
included on January 22, 2008 PB meeting agenda.
PRIVILEGE OF THE
FLOOR – None requested
OTHER BUSINESS
Chair
mentioned online courses discussed in latest issue of “Planning News”. Suggested they could be a good way to fulfill
mandatory training requirement for board members. Confirmed with George Weed that Town Hall has
Internet access. Jon suggested he could
bring in a screen and project the material on a wall. The idea is to sit through the 30-minute
presentations and then have a discussion.
Successful completion of the sessions constitutes the 4 hours of
training mandated for board members. All
members were in favor. Probably do it in
a couple of 2-hour sessions. Jon will
coordinate a few possible dates and then check with town clerk regarding room
availability.
Brief
discussion among board members about how the town wants to handle
development/building on pre-existing substandard size lots (i.e., lots of less
than three acres that were in existence prior to the recent change). George Weed related he believes the town
wants to handle them on a case-by-case basis but that they should be being
referred to the ZBA before a building permit is issued. Tim Sorrentino offered up that the
county might be able to provide a computer-generated list of all parcels of
less than 3 acres that exist in the town of Galway. Town would then have a list to work
with.
ZBA
is hereby requesting that the town board give them direction as to how they
want these lots handled (i.e., are they ‘grandfathered’ in or require variance
review) and instruct code enforcement officer to send any substandard size lots
to the ZBA for variance approval prior to issuance of a building permit if that
is how they want them handled.
Motion to adjourn by Tim Bogdan. Seconded by Brian Hendrie. Voice Vote:
All ayes. Motion carried.
Meeting adjourned
at 8:30 p.m.
Respectfully
submitted,
Carol
L. DeLorme
Carol L. DeLorme,
Clerk