MEMBERS ABSENT: None
Chair explained the purpose and procedure of the ZBA. Applicant indicated she was familiar and
understood.
REVIEW AND APPROVAL OF THE
MINUTES OF THE PREVIOUS MEETING
All members of the Board previously reviewed the minutes of the February
13, 2008 meeting. Herb Kopper made further
comment on last month’s discussion concerning referring questions/comments
about what constitutes a “buildable lot” to town board. Feels it more appropriate to have them
presented to zoning consultant (Nan) and then have her discuss the matter with
the town board. As this was not meant as
a correction/amendment of the minutes, Chair felt further discussion should be
deferred to ‘Other Business’ portion of tonight’s meeting. No other comments. Motion by Brian Hendrie to approve the
minutes as presented. Seconded by
Mark Kindinger. Voice vote: All ayes. Carried.
PUBLIC HEARING OPENED by Chair @ 7:34 P.M - Clerk read the legal
notice as it appeared in the Daily Gazette on 03/03/08.
PUBLIC MEETING
Application #08-002 – Request of
Lorraine Vought-Nicklin for area variance(s) need for replacement of an
existing single story seasonal cottage with a new, 2-story home at less than
the required setback(s) on lake front property located at 1363 Point Road in
the Lake District in the Town of Galway, tax parcel #198.6-1-22
Chair noted for the record that
building/zoning officer put down requested variances as 5’ and 4’. However, applicant’s notes in the application
are more correct (requesting a 20’ variance and a 21’ variance). Ms. Vought-Nicklin was in attendance and
provided a history of the property and explained her current proposal. Following research/surveying of the property,
discovered that her lot is actually only 35.1 feet in width, even though her
deed states it is 37.5’. Original plan
for rebuilding was to follow the exact same footprint. However, since existing camp encroaches an
adjacent neighbor (Garver-Percy) property line (corner of house is 5.1’ west of
line), she cannot do that (has to correct this error). Current plan is to construct a 24’ wide by
40’ long 2-story house on the property, placing it evenly on the lot (parallel
to both side property lines). With a
1-foot overhang on either side, this would give her 4.5’ on each side property
line. In addition, she is requesting a variance on the lake side. Cannot push the building back any further
because the septic system, is in the back.
Size of her lot as well as location of wells on adjoining properties
dictates this location for her septic.
New house will include a deck with stairs on the lake side. Has discussed options with her architect: Not
really feasible to reduce the width of the building. Has discussed options with builder/architect:
possibility of reducing size of overhang (would prefer not to, however, citing
protection it would afford the building from prevailing winds). Can’t really make the house any narrower Also trying to meet health requirements by
improving the septic system, maintaining the required setbacks there.
Chair – First should address/agree that
this is a preexisting substandard size lot, does have a house on it, and
therefore is considered a buildable lot (does not require variance
consideration). Also acknowledged that
it is a very narrow lot. Chair addressed
concerns expressed earlier in the week by member Brian Hendrie about only
access to lot being a right-of-way.
Chair did confer with board counsel, Peter Reilly, who informed him that
because this is on existing town maps and the lot/right-of-way has existed, a
right-of-way to this lot would be acceptable.
Neighbor, Ms. Rowan, was in attendance and stated she has no objection
to the proposal. Chair: Proposed house includes a deck/stair system
off the front of the house. Request for
variance would be from any structure attached to the house (therefore from the
stairs, rather than the drip edge of the house). Variance from lake would be 17’ to
accommodate the stairs. Chair informed
Ms. Vought-Nicklin of precedent of a minimum allowable setback of 5’. ZBA has held fast to this requirement. Cannot recall ever granting the minimum 5’ on
two sides. Board likes to see 10’ on at
least one side for accessibility for emergency vehicles/personnel. Did acknowledge, however, that narrowness of
this lot is a problem. Builder, Joe
Constantino, stated distance between the two houses will be in excess of
20’. Chair countered that the only
problem with that is that there is nothing preventing a property owner from
erecting a fence of planting trees on a property line which would then render
that access useless. While applicant
owns the right-of-way to lake, access is provided to neighbor (Catherine Blasé)
by deed restriction. Brian – inclined to
go for the double 5’ as she currently has a house that [encroaches a property
line] and is trying to correct a bad situation.
Currently has no access on one side and only 4’ on the other. Could cut her drip line back as an
option. Herb Kopper – Agreed with
Brian. Proposal would be an
improvement. Appears to be enough open
space between buildings. Tim Bogdan –
Also agreed. Can’t make the house any
narrower. Also, house is on the lake;
not like there is another row of houses that emergency equipment would need to
get to. Catherine Blasé - Stated she has
no intention of erecting any fences, etc.
She has a sailboat and currently uses the right-of-way to pull the boat
to the water by pick-up truck. Would not
want to block it in any way. No
objections to Ms. Vought-Nicklin’s proposal.
No further discussion.
Motion
by Tim Bogdan to close public hearing. Seconded
by Brian Hendrie. Voice vote:
All ayes. Motion carried. PUBLIC HEARING CLOSED.
PUBLIC
MEETING Opened 8:05 p.m.
Motion
by Brian Hendrie that
application #08-002 falls under Type II list under SEQR and, therefore, no
further action under SEQR is required. Seconded – Tim Bogan. No further
discussion. Roll call vote: Jon
Hallgren, yes; Tim Bogdan, yes; Herb Kopper, yes; Brian Hendrie, yes; and Mark
Kindinger, yes. Motion carried.
Chair
recapped: This lot is a pre-existing substandard size lot with
a building on it; therefore, considered a ‘buildable lot’ and not subject to
variance review/approval. Request is
unique because the current house has been only 4’ from one boundary line and
over the other boundary line. Therefore,
this plan is improving the current situation.
Consideration is for 2, 20’ side lot variances (measured from the drip
line), which would give it the minimum 5’ setback on both sides, as well as a
17’ variance (measured from the stairs) so that it will be 33’ from the
lake. Applicant and
builder indicated agreement with this.
No further discussion or comments from audience.
Motion by Mark Kindinger to
grant final approval to the request of Lorraine Vought-Nicklin (Application
#08-002) for variances as stated above to allow construction of a new 24’ x 40’
house on property located at 1363 Point Road in the Lake District of the Town
of Galway, tax parcel #198.6-1-22, per plot plan/drawings submitted with
application dated 01/31/08. Seconded
– Tim Bogdan. No further discussion.
Roll call
vote: All ayes. Motion carried. GRANTED two 20’ SIDE LOT VARIANCES AND A 17’
VARIANCE FROM THE LAKE. Applicant was
informed to contact building/code enforcement officer for applicable permit
once letter of approval from ZBA has been received.
PRIVILEGE OF
THE FLOOR – None requested
OTHER
BUSINESS
Herb Kopper – Since Nan is a hired consultant for zoning regulation
matters, more appropriate to have her sit down with [the ZBA] and then relay
concerns/questions to the town board.
Chair reiterated: ZBA would like clarification from the town board of
the date the town is using for qualifying (granting ‘grandfathered’ status) and
clearly establish what constitutes a preexisting, substandard size, buildable
lot in the town. Guidelines for code
enforcement officer and ZBA to follow should be included in the zoning
regulations.
Motion to adjourn by Mark Kindinger. Seconded – Tim Bogdan. Voice Vote:
All ayes. Motion carried.
Meeting
adjourned at 8:30 p.m.
Respectfully
submitted,
Carol
L. DeLorme
Carol L.
DeLorme, Clerk