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Zoning Board of Appeals

Regular Meeting

April 20, 2004

Members present:

Pat Wall, Chairperson

Don Uveges, Member

Wendy Graves, Member

Omer Martratt, Member

Pat Payst, Recording Secretary

This regular business meeting was called to order at 7:30 pm. The agenda for tonight will be as follows: two public hearings, DeCaprio requesting a front and side yard variance and Felton requesting a side yard variance, the reading of the minutes from the previous meeting, old business with possible action on previous applications, new business consisting of the review of two new applications, and return to old business concerning routine Board upkeep business.

Application 04-002 submitted by Jennifer DiCaprio of 453 Batter Street, Pattersonville is first on the agenda. The notice of public hearing as published on April 12^th, 2004 in the Daily Gazette was read. The floor was opened for comment. There was none. Floor closed. All five Board members have done drive bys. The existing shed would be removed and replaced by the proposed garage. This is a Type II action and all the requirements of the SEQRA are met. The Board asked why the proposed garage could not be built across the street on 2 plus acres where no variance would be required. The applicant stated the septic system is across the street and there is a right of way. Also, she expressed concern about her children crossing the street to the proposed garage. The Board reviewed the application for completeness and Section 14.5.5 (B). Wendy Graves made a motion to grant to Jennifer DeCaprio of 453 Batter Street, Pattersonville ,SBL# 35.09-1-11, a thirty (30) foot side yard setback variance and a twenty five (25) foot front yard setback variance to construct a single story garage measuring twenty four (24) feet by thirty two (32) feet providing a DEC permit be obtained and a building permit be obtained within six months and all other aspects of the Ordinance be followed. Pat Payst seconded. Member Graves, nay; Member Payst, nay, Member Martratt, nay, Member Uveges, nay, Chairperson Wall, nay.

The notice of public hearing as published in the Daily Gazette on April 12^th, 2004 was read. This notice concerns Henry D. Felton who is seeking approval of a side yard variance of 15 feet to construct a garage. The Board received a note dated April 19^th, 2004, from Mrs. Monaco, an abutting neighbor, stating she had no objection to the variance. The floor was opened for comment. Ken Pearsall of 947 West Duane Lake Road wanted to see a site plan prior to expressing an opinion. He was shown the plan and voiced no objection to the proposed garage and stated that living on the hill the garage has to be close to the road or you cannot get out in the winter. Lance Manus, who is representing Henry Felton, pointed out no front yard variance is requested as the front of the proposed garage will be 40 feet back from the front line. This allows a car to turn around so as not to back out into the street. He also stated the side yard setback was necessary so the fair weather access road down to the dwelling would not be eliminated. A copy of the deed was presented to the Board as requested per the last meeting. Floor closed. Drive bys were done by Pat Wall, Omer Martratt, Wendy Graves and Pat Payst. This is a Type II action and all the requirements of the SEQRA are met. The Board reviewed the application and Section 14.5.5 (B) of the Ordinance. Wendy Graves made a motion to grant to Henry D. Felton of 1417 Creek Road, Esperance, for the property at 957 West Duane Lake Road, SBL#67.04-1-47, a fifteen (15) foot side yard setback variance to construct a new single story garage measuring eighteen (18) feet by thirty (30) feet due to the practical difficulties of the steep grade and dwelling access road providing a building permit be obtained within six (6) months and all other aspects of the ordinance be followed. Member Graves, aye; Member Uveges, aye, Member Payst, aye, Member Martratt, aye, Chairperson Wall, aye.

The minutes of the ZBA regular meeting for March 16th, 2004 were read. Omer Martratt made a motion to accept the minutes as read. Don Uveges seconded. Member Martratt, aye; Member Uveges, aye; Member Graves, aye; Member Payst, aye; Chairperson Wall, aye.

The Board now generates a form based on Section 14.5.5 (B) for an area variance so applicants have a written record for their own use.

Application 04-005 submitted by Jerry Boucher of 6826 Duanesburg Road, Duanesburg, who is seeking a Home Occupation Business Permit, was reviewed by the Board. The applicant plans to sell cedar lawn furniture on a seasonal basis one or two weekends a month. No products will be stocked at this location except for samples. The Board expressed concern about customer parking along Route 7 and exposing the Town to potential liability from any traffic accident. Mr. Boucher was asked to obtain a formal written agreement with his neighbor to have his customers park there and bring it to the next meeting. Also, bring in the state highway right of way dimensions. Omer Martratt and Don Uveges agreed to conduct a site plan review prior to the public hearing. Ed Fassett will be asked to research any potential liability exposure to the Town should a permit be issued. Wendy Graves made a motion to schedule a public hearing on this application on Tuesday, May 18^th, 2004 at 7:30 pm at the Town Hall. Don Uveges seconded. Member Graves, aye; Member Uveges, aye, Member Payst, aye, Member Martratt, aye, Chairperson Wall, aye.

The Board reviewed application 04-006 submitted by Michael E. Boni of 169 Acorn Drive, Delanson seeking a front yard setback variance for a proposed garage. A 1974 deed identified this as a pre-existing undersized lot, but per Section 6.6, the single family dwelling is connected to a municipal sewer system, therefore undersized lot status does not apply. The Board would like to see the proposed building farther away from the sewer lateral should it require maintenance. Also, the Board informed the applicant that substantial variances are difficult to justify. Wendy Graves made a motion to schedule a Public Hearing on this application for Tuesday, May 18th, 2004 at 7:30 pm in the Town Hall. Omer Martratt seconded. Member Graves, aye, Member Martratt, aye, Member Uveges, aye, Member Payst, aye, Chairperson Wall, aye.

The Board was shown a list of applicants for positions on this Board and the Planning Board. The Town Board will make an announcement after the candidates are selected.

The Town Board has sent a letter to Michael Brosnan thanking him for his effort on the Zoning Board.

There is a public input hearing at Schenectady County Community College on pre-disaster litigation planning on Thursday.

The Board was reminded that meetings will be held on pending zoning changes concerning Mr. Williams and Mr. Voljnar on May 6^th and Mr. Sells on May 13th.

The application of John T. and Ruth I. Hankinson of 756 Main Street, Delanson, (application 04-004) who are requesting a sideline variance for the purpose of subdividing of their property was reviewed further by the Board. They were represented by Member Graves who stepped away from the Board and became part of the audience. A survey of the proposed minor subdivision has been completed. It was determined from the proposed survey that a portion of the septic system for the trailer is on the other lot and the Board feels the Town may incur liability if it approves this variance. It was also determined that more dimensions were needed.

Pat Payst made a motion to schedule a public hearing on this application for Tuesday, May 18th, 2004 at 7:30 pm in the Town Hall. Chairperson Wall seconded. Member Payst, aye, Chairperson Wall, aye, Member Graves, recuse, Member Martratt, aye, Member Uveges, aye.

Meeting adjourned at 9:20 p.m.