Zoning Board of Appeals

Meeting

November 18, 2003

This regular meeting was called to order at 7:30 pm. The agenda for tonight will be the reading of the minutes of the October 21st, 2003 regular meeting, one public hearing on application 03-18 from Kathleen O’Brien and Michael Bayus seeking a side and front yard setback variance, new business from Thomas M. Brothers seeking a side yard setback variance, new business from William Miner seeking a front yard setback variance, new business from Michael R. Rafferty seeking rear and side yard setback variances, and anything else the Board wishes to discuss.

The minutes of the October 21st, 2003 meeting were read. Wendy Graves made a motion to accept the minutes with the one correction noted. Omer Martratt seconded. Member Graves, aye; Member Martratt, aye; Chairperson Brosnan, aye; Member Wall, abstain; Member Payst, aye.

The notice for a Public Hearing on application 03-18 submitted by Kathleen A. O’Brien and Michael W. Bayus of 1424 West Duane Lake Road as published in the Daily Gazette was read. Pat Wall asked why the garage couldn’t be moved farther from the sideline so not to have as great a variance. Kathleen O’Brien stated the ground turned somewhat marshy farther from the sideline. Omer Martratt asked what the distance was between the existing garage and the proposed one. The distance calculates to be approximately seven (7) feet according to the submitted plans. The floor was opened for public comment. Dennis Corbett, an adjoining neighbor, of Schoharie Turnpike voiced his objection to the location saying it was too close to his property line and would directly affect his property value. Paul Murphy, who lives on the south side of Schoharie Turnpike, agreed with Mr. Corbett. Discussion was held on placing the garage on the opposite side of the lot but a driveway and garage could severely limit any septic systems repairs in the future. A question was asked if the present 1 stall garage be expanded to 2 or 3 stalls and several contractors stated that the rooflines may not match and a standalone structure was much more feasible. Also, Ms. O’Brien stated many of the houses around the lake have separate garages. Mr. Corbett was asked the length of frontage of his property on West Duane Lake Road and he replied it was approximately one-quarter mile and it was all vacant land. Pat Wall felt a smaller variance would be more appropriate, perhaps one half instead of three quarters of the requirement. Floor closed. Pat Wall made a motion to table this application until the next regular meeting on December 16^th, 2003. Omer Martratt seconded. Member Wall, aye; Member Martratt, aye; Chairperson Brosnan, aye; Member Graves, aye; Member Payst, aye.

The Board reviewed application 03-19 submitted by Thomas M. Brothers of 279 Oak Hill Road, who is requesting a twelve (12) foot side setback variance to build an addition on his garage. He was asked to bring the dimensions of his house, its location on the lot, and the wells and septic systems locations to the public hearing. Wendy Graves made a motion to schedule a public hearing on this application on Tuesday, December 16^th, 2003, at 7:30 p.m. in the Town Hall. Pat Payst seconded. Member Graves, aye; Member Payst, aye; Member Wall, aye; Chairperson Brosnan, aye; Member Martratt, aye.

Application 03-20 submitted by William Miner of 2382 Western Turnpike requesting a fifteen (15) foot front yard variance to construct a garage was reviewed for completeness by the Board. Mr. Miner was asked to bring house dimensions, a location map, and locations of wells and septic systems to the public hearing. The Board informed Mr. Miner the difficulty of granting a variance when the lot size is so large. Wendy Graves made a motion to schedule a public hearing on this application on Tuesday, December 16^th, 2003, at 7:30 p.m. in the Town Hall. Michael Brosnan seconded. Member Graves, aye; Chairperson Brosnan, aye; Member Wall, aye; Member Martratt, aye; Member Payst, aye.

The Board reviewed application 03-21 submitted by Michael R. Rafferty of 11939 Duanesburg Road for the property under contract for sale on Duane Lake. Mr. Rafferty is asking for a rear and side setback variance. The Board determined that the side setback for this preexisting undersized lot is 22.85 feet, and therefore, according to his plans, the house does not need a side yard setback variance. Mr. Rafferty is proposing to move an existing dwelling to the rear of the lot to make room for the proposed dwelling. The Board informed Mr. Rafferty that the Ordinance prohibits more than one dwelling on a lot and therefore any kitchen, sleeping, etc, type facilities would have to be removed. Wendy Graves made a motion to schedule a public hearing on this application on Tuesday, December 16^th, 2003, at 7:30 p.m. in the Town Hall. Michael Brosnan seconded. Member Graves, aye; Chairperson Brosnan, aye; Member Wall, aye; Member Martratt, aye; Member Payst, aye.

The Board discussed the continued non-attendance of Board Member Chuck Hansen. Chairperson Brosnan was asked to write a letter to the Town Board informing them of this situation.

The subject of agenda meetings was discussed. Town Board Member Rene Merrihew informed the Board that funds can be made available should the need for an agenda meeting or meetings arise.

Meeting adjourned 8:05 pm.