Chairman Ron Newell called the meeting to order at 7:30 p.m. Present were: Joe Wilson, Joe Ostrowski, alternate member Nicki Every, and Mike Woodruff. Jim Altemus was excused and Roslyn Duncan was absent.
Area variance
application for
Jeff Smith and Susan Porter were present to discuss their area variance application for relief of 8 ft. from the side yard setback. Lee Drake, representing St. Peter’s Episcopal Church, was also present.
Ron Newell explained the review process and read the legal notice which appeared in the local newspaper.
The Clerk received proof of notification of adjacent neighbors.
Mr. Smith presented his plans to construct a single-car
garage on his property located at
1. He presented a design of the 16’ by 24’ building to show that it will contain a cupola and transom, like other properties in the area, and the siding will blend with the adjacent Church
2. This property is similar to other nearby properties in that it is a long narrow lot so it is difficult to meet side yard setbacks.
3. Location of the sewer lateral prevents placement of the building within the required setback. The sewer line can not be relocated without the need to re-plumb the entire house. A 12 ft. opening between the house and the garage is needed to access the sewer line for repairs and should an 8 ft. swath around the sewer line should be maintained to maneuver a backhoe. Turning the garage 90 degrees would also put it over the sewer line.
4. He addressed concerns expressed at the Planning Board review for storm water runoff. Gutters will be installed on the garage and the run off directed through an 18-20 “ pitch downhill to the back of the property.
5. The Village DPW actually located the sewer line so its location is depicted accurately on the plan.
Mr. Drake delivered a letter listing the concerns of the Church.
1. The Church has no concern with the actual construction of a garage on the adjacent property but is concerned with a proposed setback of only 2 ft. from the lot line.
2. The Church feels that 2 ft will not allow sufficient space to maintain the structure without need to go onto Church property. If a ladder is needed – there would be a liability to the Church in case of an accident.
3. The placement of the garage so close to the lot line could limit future use of the Church parking lot if they wanted to erect a fence or plant a hedgerow.
4. The Church recommends a setback of 5 ft. from the edge of the building.
5. Mr. Drake also presented a photograph depicting a tree within 1 ft. of the side yard setback on the applicant’s property.
Mike Woodruff suggested a compromise of 4 ft. from the side yard setback. Mr. Drake replied that he would still prefer a 5 ft. setback.
Mr. Smith replied that he researched OSHA requirements for the amount of space needed to place a ladder and only 36” are needed so he feels that 5 ft would be a hardship. He would be more comfortable with a 3 or 4 ft. setback.
As there were no more questions or concerns, the public portion of the meeting was closed at 8:06 p.m.
The ZBA discussed the following points:
1. Self creation – many of the lots in the area are long and narrow with the sewer lines running through the back yards (instead of the right-of-way) and were created prior to zoning – it is not a self-created hardship.
2. Adverse physical effects on the neighborhood – no detriment will occur as long as a sufficient distance from the Church parking lot is maintained so as not to cause any liability to the Church for structure maintenance and the storm water run off is diverted away from the adjacent properties.
3. Undesirable change in the neighborhood – no undesirable change will occur – there are other properties in the neighborhood with buildings within less than 10 ft. from the side yard setbacks. The design of the building will make it aesthetically compatible with the Church and the house. It was noted that St. Peter’s Church is 18 ft from the side yard setback and 25 ft is required for public buildings.
4. Other means feasible – due to the location of the sewer lines and the narrow width of the lot, there are no other options for placement for the garage beyond a side yard setback variance
5. Minimum relief – the proposed garage can not be turned nor moved back farther on the property due to the location of the sewer line. But it is felt that the applicant could move the structure in another 2-3 ft. without undue hardship.
Joe Ostrowski motioned, Joe Wilson seconded and it was
unanimously carried to grant relief of 6 ft. from the edge of the building in
the side yard setback as the minimum relief necessary to allow construction of
a single-car garage on the property located at
Approval of Minutes: Joe Ostrowski motioned, Joe Wilson seconded and it was unanimously carried to approve the minutes of the January meeting as submitted.
Future meetings:
1. It was noted that a copy of the legal notice was not included in the packets to ZBA members so there was some confusion as to the date and time of the meeting.
2. 7:00
pm is difficult for members working in
It was decided that all future meetings will begin at 7:15 p.m. and public hearings will be scheduled for 7:30 p.m. and the clerk will send an email reminder to all ZBA members on the Monday preceding the scheduled meeting.
The ZBA members received copies of the 2006 annual report on the comprehensive plan and copies of local laws amending the Zoning local law.
Joe Wilson motioned, Nicki Every seconded and it was unanimously carried to adjourn the meeting.
All future meetings
will be held on the second Thursday of the month at 7:15 pm.
Respectfully submitted,
Kathleen Conradt, Clerk