Zoning Board of Appeals

Regular Meeting

August 19, 2003

Members present:

Mike Brosnan, Chairperson

Pat Wall, Member

Don Uveges, Member

Omer Martratt, Member

Pat Payst, Recording Secretary

The regular meeting was called to order at 7:32 pm. The agenda for tonight will be the reading of the minutes from the previous meeting and a public hearing on application 03-17 submitted by Michael W. Bayus and any other issues the Board wishes to discuss. There is no old business or new business.

The minutes of the regular meeting for July 15th, 2003 were read. Michael Brosnan made a motion to accept the minutes with the one correction noted. Don Uveges seconded. Chairperson Brosnan, aye; Member Uveges, aye; Member Payst, aye; Member Wall, aye; Member Martratt, aye.

The legal notice as published in the Daily Gazette for a public hearing on the application 03-17 submitted by Michael W. Bayus for front and side yard variances to construct a garage was read. Chairperson Brosnan showed the Board a letter from Emily Zabielski of 836 Duane Lake Road, which stated her opposition to this proposed variance but she gave no reason for it. Mr. Bayus was asked at the previous meeting to bring a site plan and the information listed on the front of the application. He neglected to bring all the information required. He presented the Board with a list of previous owners of the same parcel going back to 1976. The floor was opened for comment. Mrs. Dacier of 2076 Schoharie Turnpike wanted to know the location of the garage on the property and why does it have to be so close to the road. Laurie Wagner of 1147 West Duane Lake Road wanted to see the proposed plan and wanted to know the front and sideline lot requirements. She was also concerned about it being so close to the road. Mr. Bayus said he went to the County Office Building and asked for the original deed and was told it was not available but was given the aforementioned list. He stated his wife had problems getting out of their driveway this past winter and a garage near the road would be helpful. Mr. Bayus built a porch on the right side of the house last year to "balance" the house. He wants to build the garage close to the road to maintain that "balance". The floor was closed. The Board discussed the lack of a deed for this undersized lot dated prior to 1984 as this relates in part to Section 13.2.1 on reduced sidelines. The 202 foot road frontage is more than the district minimum therefore Section 13.2.1 does not apply and the Board agreed to accept a later deed and the list of previous owners. The Board discussed with Mr. Bayus what information is missing from his application and needs to bring to the next meeting in order for the Board to act upon his application. This includes a site map, septic system dimensions and location, driveway grade, and location of adjoining wells and septic systems within 100 feet of the property line. Michael Brosnan made a motion to table this application until the next regular meeting. Omer Martratt seconded. Chairperson Brosnan, aye; Member Martratt, aye; Member Uveges, aye; Member Payst, aye; Member Wall, aye.

Chairperson Brosnan received an email from the Town Board wondering if our budget should be increased to allow for two meetings a month. The Board decided an agenda meeting could be held if conditions warrant.

The Board received a copy of the letter notifying them of the dismissal of the AT&T wireless PCS lawsuit.

Meeting adjourned at 8:40p.m.