Zoning Board of Appeals

Regular Meeting

September 21, 2004

Members present: Alternates present:

Pat Wall, Chairperson Kathleen Kosinski

Don Uveges, Member

Omer Martratt, Member

Wendy Graves, Member

Evie Rudesheim, Member

Carl Wiedemann, Member

Pat Payst, Recording Secretary

This meeting was called to order at 7:36 pm. The agenda for tonight will be as follows: three public hearings on applications 04-012, 04-013, 04-014, all requesting area variances, reading of the minutes from the previous meeting, discussion of the applications, discussion of a memo concerning sewer laterals, a report on the Lake Placid conference, and anything else the Board wishes to discuss.

The notice of public hearing as published in the Daily Gazette on September 2, 2004 pertaining to Gary Courtright of 282 Batter Street, Pattersonville, was read. He is seeking side and rear yard setback variances to construct a 30 foot by 50 foot one story pole barn. The floor was opened for comment. Mary Stepnowski of Batter Street asked what was the purpose of the proposed building. Mr. Courtright replied that it would be used for storage and a garage for personal use, not for business use. The floor was closed.

The notice of public hearing as published in the Daily Gazette on September 2, 2004 pertaining to Robert J. McCue of 1092 Schoharie Turnpike, was read. The applicant is seeking a front yard variance to construct a one story attached garage. The floor was opened for comment. Mr. McCue presented the Board with detailed maps of his property. The floor was closed.

The notice of public hearing as published in the Daily Gazette on September 2, 2004 pertaining to David May of 565 Herrick Road, Delanson, was read. He is seeking a side yard variance to construct a single story garage addition. The floor was opened for comment. Donald Collins of 615 Herrick Road, an adjoining neighbor, gave his reasons why the Board should not grant this variance. He spoke at length on various relevant and non-relevant issues concerning this application. Mr. May has had some additional surveying done and had pins placed at the corners of the proposed addition. Mrs. Donald Collins spoke against the proposed variance stating her concern about the buffer zone between the dwellings. Mr. Collins presented and read a letter to the Board stating his reasons against approving this variance. The floor was closed.

The minutes of the August 17th, 2004 meeting were read. Evie Rudesheim made a motion to accept the minutes as read. Carl Wiedemann seconded. Member Rudesheim, aye, Member Wiedemann, aye, Member Martratt, aye, Chairperson Wall, aye, Member Graves, aye, Member Uveges, aye, Member Payst, aye, Alternate Member Kosinski, aye.

The Board reviewed application 04-012 submitted by Gary Courtright. This is a Type II action and all the requirements of the SEQRA are satisfied. Members Uveges and Graves have done drive bys. The Board discussed with Mr. Courtright the possibility of relocating or resizing his proposed pole barn and not require such substantial variances. He believed this to be the only size and location that would fit his needs. The Board documented the requirements of Section 14.5.2(B) as relating to this application. Pat Payst made a motion to grant to Gary Courtright of 282 Batter Street, Pattersonville, SBL#35.05-1-26, a thirty (30) foot side yard setback variance and a seventy (70) foot rear yard setback variance to construct a thirty (30) foot by fifty (50) foot one story pole barn on a preexisting undersized lot, provided a building permit be obtained within six months and all other aspects of the Ordinance be followed. Carl Wiedemann seconded. Member Payst, nay, Member Wiedemann, nay, Member Martratt, nay, Member Rudesheim, nay, Chairperson Wall, nay, Member Uveges, nay.

Application 04-013 submitted by Robert J. McCue of 1092 Schoharie Turnpike was reviewed by the Board. This is a Type II action and all the requirements of the SEQRA are satisfied. Mr. McCue stated there was a steep drop off and that he has to keep any water runoff away from his neighbor. Don Uveges did a drive by and agreed with Mr. McCue that there is a very steep drop off at the rear of his house. The Board documented the requirements of Section 14.5.2(B) as relating to this application. Carl Wiedemann made a motion grant to Robert J. McCue of 1092 Schoharie Turnpike, SBL# 68.00-2-17.2, a six (6) foot front yard setback variance to construct a twenty four (24) foot by twenty six (26) foot single story attached garage providing a building permit be obtained within six months and all other aspects of the Ordinance be followed. Omer Martratt seconded. Member Wiedemann, aye, Member Martratt, aye, Member Uveges, aye, Chairperson Wall, aye, Member Rudesheim, aye, Member Payst, aye.

The Board reviewed application 04-014 submitted by David May of 565 Herrick Road, Delanson. Wendy Graves did a drive by. This is a Type II action and all the requirements of the SEQRA are satisfied. The Board documented the requirements of Section 14.5.2(B) as relating to this application. Carl Wiedemann made a motion grant to David May of 565 Herrick Road, Delanson, SBL# 43.00-1-21.111, a ten (10) foot side yard setback variance to construct a twenty eight (28) foot by fifty (50) foot single story attached garage providing a building permit be obtained within six months and all other aspects of the Ordinance be followed. Evie Rudesheim seconded. Member Wiedemann, aye, Member Rudesheim, nay, Member Martratt, nay, Member Uveges, nay, Chairperson Wall, aye, Member Payst, nay.

Dale Warner presented the Board with his memo concerning minimum lot size requirement for sewer lateral installation. Lars Breckenridge also took part in the discussion. There are many vacant lots the Mariaville Lake Sewer District that do not meet the 100 foot width requirement for lateral installation. The contractor is not running laterals to these vacant parcels. The discussion covered various topics: cluster development, should there be a minimum lot size for sewer laterals and what would that minimum be, would the proposed minimum deny the owner’s use of their property because a lateral would not be installed, should the present minimum lot size be observed regardless, should the owner of the vacant property have the option of having a lateral installed now or at a later time, what would the Town’s potential liability be, if any; should a variance be automatically granted to these narrow lots just because they have a sewer lateral. The Board decided that it was a legal issue and to consult with the Town Attorney.

Carl Wiedemann attended a Planning and Zoning Conference at Lake Placid on September 19^th to the 22^nd. He was impressed with the range of topics and the depth of detail covered.

Several Board members attended an introductory training meeting on using the new Schenectady County Web site. This site contains aerial views and real property tax information. This meeting was held in Town Hall on Wednesday, September 22^nd.

The Board talked about charging slightly more for the variance application and then adding the information gleaned from the website to the application.

There is a NYS Main Street Alliance meeting at Morrisville on October 12. Any ZBA member is invited to attend. This would be helpful as part of the Route 20 Scenic Byway endeavor.

Meeting adjourned at 9:46 p.m.