Members present:

This regular meeting was called to order at 7:35 pm. The agenda for tonight will be the reading of the minutes of the November 18th, 2003 regular meeting, public hearings on the matters of Thomas M. Brothers seeking a side yard setback variance, William Miner seeking a front yard variance, Michael R. Rafferty seeking approval for rear and side yard variances, Kathleen O’Brien with the continuation of a public hearing from the November 18^th, 2003 meeting, and new business of Kathleen LePore applying for a variance on a preexisting small lot, and anything else the Board wishes to discuss.

The minutes of the November 18th, 2003 meeting were read. Pat Wall made a motion to accept the minutes with the one correction noted. Wendy Graves seconded. Member Wall, aye; Member Graves, aye; Chairperson Brosnan, aye; Member Martratt, aye; Member Uveges, abstain; Member Payst, aye.

The notice for a Public Hearing on application 03-19 submitted by Thomas M. Brothers of 279 Oak Hill Road seeking approval for a twelve (12) foot side yard setback variance as published in the Daily Gazette was read. Mr. Brothers supplied the Board with the dimensions of his house, its location on the lot, and the wells and septic systems locations. The Floor was opened for comment. There was none. Floor closed. This is a Type II action and all the requirements of the SEQRA are satisfied. The Board discussed with Mr. Brothers the possibility of building a separate garage instead of an addition. Wendy Graves made a motion to grant to Thomas M. Brothers of 279 Oak Hill Road SBL#73.00-1-9.3, a twelve (12) foot east side yard setback variance to construct an addition to his garage due to the practical difficulties of wells in the west side yard and the septic system in the rear yard providing a building permit be obtained within six (6) months and all other aspects of the Ordinance be followed. Pat Wall seconded. Member Graves, aye; Member Wall, aye; Member Uveges, aye; Chairperson Brosnan, aye; Member Martratt, aye, Member Payst, aye.

The notice for a Public Hearing as published in the Daily Gazette on application 03-20 submitted by William Miner of 2382 Western Turnpike requesting a fifteen (15) foot front yard variance to construct a garage was read. Mr. Miner brought in the house dimensions, a location map, and locations of wells and septic systems to the public hearing. The Board discussed with Mr. Miner the aspects of the Ordinance and its application to variances. Mr. Miner was asked about the possibility of building a garage on the east side of his house and informed the Board that area is usually saturated with water as it drains the hillside and it is on the opposite side of the entrance to his house. The Board asked Mr. Miner why he continued to build the garage when he knew he was in violation of the Ordinance. He stated he needed to have it built before winter and surmised this was the best and most unobtrusive site for it. The previous owner had installed the waterline that supplies his house and barn. The Board expressed misgivings about Mr. Miner’s disregard of the Ordinance. The Floor was opened for comment. Mrs. Miner acknowledged that in her rush to have the garage built before cold weather she felt this was the perfect spot and assumed it would not be a problem obtaining a variance. She stated it was not their intent to ignore the Ordinance. Jill Polk of 725 Duane Lake Road spoke on her perception that the Board appears punitive in its actions when its purpose is to decide if a variance is or is not appropriate. Joe Merli of 2100 Western Turnpike spoke of the effort the Miners have taken to restore the house and barn. He commented on the business they have developed and its positive influence on the Town. The Floor was closed. This is a Type II action and all the requirements of the SEQRA are satisfied. Pat Wall stated that the Board is not here to mete out punishment and cannot be arbitrary and capricious in any of its decisions. This Board represents all the residents of the Town in zoning matters. Also, the Board has to meet the requirements set forth in the Ordinance to grant or deny a variance. Wendy Graves made a motion to grant to William Miner of 2382 Western Turnpike, SBL#68.00-2-25.21, a fifteen (15) foot front yard setback variance to construct a 24 foot by 24 foot one story garage due to the practical difficulties of a well line and septic system in the rear yard and east side yard drainage providing a building permit be obtained within six (6) months and all other aspects of the Ordinance be followed. Don Uveges seconded. Member Graves, aye; Member Uveges, aye; Chairperson Brosnan, aye; Member Wall, aye; Member Martratt, abstain; Member Payst, aye.

The notice for a Public Hearing on application 03-21 submitted by Michael R. Rafferty of 11939 Duanesburg Road as published in the Daily Gazette was read. Mr. Rafferty has the property at 240 Duane Lake under a purchase contract and is asking for a rear and side setback variance to relocate an existing dwelling. The Board determined the proposed dwelling meets the district regulations and therefore does not need any variances. Accessory structures are subject to the normal district regulations. The Board discussed with Mr. Rafferty the possibilities of alternative locations for the building. The Floor was opened for comment. Nancy Weis of 236 Duane Lake Road expressed concern about Mr. Rafferty doing his own survey and it not being an unbiased one. Mr. and Mrs. Robert Weis and Mr. And Mrs. Edward Putnam did their own measurements and they are not in complete agreement with those on the application. She expressed concern about the house size in relation to the lot size and lot drainage. Also, the possibility of a business being started in the proposed storage building and the size of the septic system in relation to the number of bedrooms in the proposed dwelling were raised as issues. The Board informed Mrs. Weis that home occupations are allowed in this district with a permit and that septic systems are under the jurisdiction of the NYS Department of Health. Jill Polk of 725 Duane Lake Road spoke on the possibility of tabling this application until an independent surveyor could take measurements and resolve any differences. The Board stated that the measurements in dispute have no bearing on the variance required for the proposed storage structure. Edward Putnam of 241 Duane Lake Road asked whose responsibility it was in septic system design and directing ground water runoff and was referred to the NYS Department of Health and the UCEO Dale Warner. Mr. Putnam stated he was opposed to location of the storage building so close to his property line. Mrs. Dorothy Putnam of 241 Duane Lake Road agreed with her husband and voiced concern about their well. Lori Wagner of 1147 West Duane Lake Road requested and received a repeat explanation of the side yard reduction provision to make sure she understood it correctly. Kenneth Pearsall of 997 West Duane Lake Road said he has not heard a hardship or compelling reason to save this building by granting a variance. Elizabeth Novak of 1019 West Duane Lake Road spoke on maintaining lake quality and thanked the Board for allowing the neighbor’s input on the application. Chairperson Brosnan read a letter (attached) sent by Robert and Nancy Weis and Edward and Dorothy Putnam expressing their concerns about this application. Mr. Rafferty was asked if he drew the map and he replied that he did. The Floor was closed. This is a Type II action and all the requirements of the SEQRA are satisfied. Chairperson Brosnan made a motion to grant to Michael R. Rafferty of 11939 Duanesburg Road, Delanson, for the property under contract for sale on Duane Lake Road, a preexisting undersized lot, SBL# 67.04-1-4, a thirty two (32) foot west side yard setback variance and a thirty four (34) rear yard setback variance for the purpose of relocating the present building on site with the provision that the bathroom, kitchen and all plumbing be removed from that building and not reinstalled, due to the practical difficulties of the location of the proposed septic system providing a building permit be obtained with six (6) months and all other aspects of the Ordinance be followed. Wendy Graves seconded. Chairperson Brosnan, nay; Member Graves, nay; Member Wall, nay; Member Martratt, nay; Member Uveges, nay; Member Payst, nay.

The Board continued the Public Hearing on Application 03-18 of Kathleen O’Brien and Michael Bayus. Mr. Bayus presented the board with a new location for the proposed garage in the rear yard and stated he spoke with Mrs. Corbett and she had no problem with the new location. The Floor was opened for comment. Lori Wagner of 1147 West Duane Lake Road wanted to know what was now requested as far as variances. Speaking with Mr. Bayus, the Board determined a rear and side yard setback variance would be needed. Thelma Corbett of Schoharie Turnpike also requested a clarification and how the proposed variance would relate to her property. The Floor was closed. This is Type II action and all the requirements of the SEQRA are satisfied. Pat Wall made a motion to grant to Kathleen O’Brien and Michael Bayus of 1424 West Duane Lake Road, SBL#67.00-2-18, a twenty (20) foot west side yard setback variance and a thirty (30) foot rear yard setback variance for the purpose of constructing a twenty four (24) foot by twenty four (24) foot one story garage due to the practical difficulties of a septic system in the front yard and a well and swampy area in the rear yard, providing a building permit be obtained with six (6) months and all other aspects of the Ordinance be followed. Wendy Graves seconded. Member Wall, aye; Member Graves, aye; Chairperson Brosnan, aye; Member Uveges, aye; Member Martratt, aye; Member Payst, aye.

The Board reviewed application 03-22 submitted by Kathleen LePore of 1379 West Duane Lake Road for a front and side yard setback variance to construct a garage. Charles Boyer, a contractor, represented the applicant and stated the disagreement between the applicant and Mr. Knight had been resolved to the best of his knowledge. The Board determined a 30 foot front yard setback and a 30 foot side yard setback would be required. The Board asked if the garage could be placed somewhere else on the lot where no or a smaller variance would be required. A copy of the deed showing preexisting status and the locations of septic systems within 100 feet of the property lines need to be presented at the public hearing. Michael Brosnan made a motion to schedule a public hearing on this application on Tuesday, January 20^th, 2004 at 7:30 p.m. in the Town Hall. Pat Payst seconded. Chairperson Brosnan, aye; Member Payst, aye; Member Wall, aye; Member Graves, aye; Member Uveges, aye; Member Martratt, aye.

Meeting adjourned 9:45 pm.