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Zoning Board of Appeals

Regular Meeting

January 20, 2004

Members present:

Pat Wall, Chairperson

Michael Brosnan, Member

Don Uveges, Member

Wendy Graves, Member

Omer Martratt, Member

Pat Payst, Recording Secretary

This 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, a public hearing and possible action on an application, review of a new application, the annual review of our rules and regulations, setting an organizational dinner date, and anything else the Board wishes to discuss.

Pat Wall was appointed by the Town Board to serve as ZBA Chairperson for 2004.

The minutes of the ZBA regular meeting for December 16^th, 2003 were read. Wendy Graves made a motion to accept the minutes with the two corrections noted. Don Uveges seconded. Member Graves, aye; Member Uveges, aye; Chairperson Wall, aye; Member Brosnan, aye; Member Martratt, aye; Member Payst, aye.

The notice of Public Hearing for the application by Kathleen LePore of 1379 West Duane Lake Road for the purpose of constructing a garage as published in the Daily Gazette was read. In June of 2003 application 03-13 was submitted by Kathleen LePore requesting a variance to construct an addition to the present residence. The Board determined that no variance was required as the proposed addition met the reduced side yard setback requirements per Section 13.2.1 and therefore the application was not accepted. Also there was a dispute between neighbors concerning the exact location of the property line. The line was resurveyed and landscaping was done. A letter was read from Kenneth D. Runion of 12 Sunset Drive, Altamont, an adjacent property owner, who expressed his opposition to the location of the proposed garage. A letter written by Nancy Knight of 1399 West Duane Lake Road opposing the proposed garage location was read. Michael Brosnan, Wendy Graves and Pat Payst have done drive bys. The floor was opened for comment. Alan Knight of 1399 West Duane Lake Road read his statement opposing the location of the proposed garage and his concerns about the enforcement of the Ordinance. The floor was closed. Pat Payst stated that in his drive by that only 4 garages were closer than two car lengths to the road and these were older structures. Wendy Graves stated that the proposed location would change the character of the neighborhood. Michael Brosnan commented on how well the new addition looked and wondered why the proposed garage was not incorporated into the original design. This appears to be a self-created hardship by the owner. Also he noted that all the newer garages are within the required setbacks. Pat Wall asked if the garage could be located in the rear yard and move the driveway to the west side of the property. Mr. Boyer, representing Kathleen LePore, stated the view of the lake would be ruined if the garage was placed in the rear yard. This is a Type II action and all the requirements of the SEQRA are satisfied. Michael Brosnan made a motion to grant to Kathleen LePore of 1379 West Duane Lake Road, SBL#67.04-1-32, a thirty (30) foot west side yard setback variance and a thirty (30) foot front yard setback variance for the purpose of building a two car garage per the submitted plans due to the practical difficulties of a septic system and shed in the side yards and the desirability of not placing a garage between the lake and the dwelling providing a building permit be obtained within six (6) months and all other aspects of the Ordinance be followed. Pat Wall seconded. Member Brosnan, nay; Chairperson Wall, nay; Member Martratt, nay; Member Graves, nay; Member Uveges, nay; Member Payst, nay. Michael Brosnan stated it would be an undesirable change to the neighborhood and would be detrimental to surrounding property values. It is also substantial and is self created. Pat Wall stated it was entirely too close to the road and would change the character of the neighborhood. Pat Payst stated there were several old garages close to the road that probably predate the Ordinance and newer ones that conform to the setback. The proposed garage could be placed in the rear yard or attached to the dwelling and not require a variance. A change to the neighborhood would happen if the garage were placed per the submitted plans. A 75% front and side yard variance request is substantial. The difficulty appears to be self created. Mr. Boyer approached the Board for some guidance on arriving at an acceptable location for the proposed garage in the front yard.

The Board reviewed application 04-001 submitted by Art Crandall of 731 Cole Road, Delanson, requesting a Home Occupation Business Permit to establish a barber shop. Mr. Crandall was represented by Attorney John Iseman. The Board determined that 4 or 5 parking spaces including a handicap one would be required and requested a drawing with measurements showing these spaces be presented at the public hearing. Mr. Crandall stated there are no barber shops between Rotterdam and Oneonta but there are plenty of beauty shops. Omer Martratt, Michael Brosnan and Don Uveges volunteered to determine if the property meets the site plan requirements. Michael Brosnan made a motion to schedule a Public Hearing on this application on Tuesday, February 17, 2004 at 7:30 p.m. in the Town Hall. Pat Payst seconded. Member Brosnan, aye; Member Payst, aye; Chairperson Wall, aye; Member Graves, aye; Member Uveges, aye; Member Martratt, aye.

Wendy Graves made a motion to name Pat Payst a to serve as recording secretary for 2004. Pat Wall seconded. Member Graves, aye; Chairperson Wall, aye; Member Martratt, aye; Member Brosnan, aye; Member Uveges, aye; Member Payst, aye.

Wendy Graves made a motion to accept the rules and regulations as presented for 2004. Omer Martratt seconded. Member Graves, aye; Member Martratt, aye; Chairperson Wall, aye; Member Brosnan, aye; Member Uveges, aye; Member Payst, aye.

Don Uveges made a motion to name Omer Martratt to serve as vice chairperson for 2004. Wendy Graves seconded. Member Uveges, aye; Member Graves, aye; Chairperson Wall, aye; Member Brosnan, aye; Member Martratt, aye; Member Payst, aye.

The Board decided on having an organizational dinner at the Tory Tavern on Wednesday, February 18, 2004.

Michael Brosnan announced that two grants totaling $7500 have been approved to do the final grading, fencing, and scoreboard installing for a girls softball field at the Little League Field on Route 20. The Board wishes to extend thanks from the Town to Mr. Farley and Mr. Tonko for their assistance in obtaining these grants.

Omer Martratt expressed his opinion that the applicants are not supplying the Board with enough information and consequently asking the Board for their input. Michael Brosnan stated that the function of the Board is to interpret the Ordinance. Chairperson Wall asked Member Martratt to provide a written copy of his suggestions so the Board can discuss them.

Meeting adjourned at 9:00 p.m.