Town of Otsego Zoning Board of Appeals

Minutes - March 21, 2006

PUBLIC HEARING

06.01 - David Nash - Area variance, construction within 100 feet of Canadarago Lake - 2131 County Highway 22 (#38.20-1-18.00)

Chairman Greg Crowell called the public hearing to order at 7:35 PM. No one from the public was present. Engineer Hans deWaal, the applicant's representative,
submitted form-letters prepared by the applicant and signed by neighbors Richard Trimble and Joseph Vezza, expressing support for the project. These were passed around to
the members

REGULAR MEETING

The monthly Town of Otsego Zoning Board of Appeals (ZBA) meeting was held on this date. Chairman Greg Crowell called the meeting to order at 7:38 PM. Roll
call was taken by Secretary Bill Deane. All members were ultimately present: Crowell, Tony Scalici (Vice-Chairman), Joe Potrikus, Sam Hoskins, and Jim Ferrari. Hoskins
arrived after the first vote.

Scalici moved to approve the minutes of the February 21, 2006 meeting as written. Potrikus seconded the motion and it was approved, 4-0.

The only correspondence received since the last meeting was the Winter, 2006 issue of Planning News, copies of which were distributed to the members.

At 7:40, Potrikus moved to close the public hearing. Ferrari seconded the motion and it was approved, 5-0.

Crowell introduced new Zoning Enforcement Officer Mike Miller to the members.

The Board moved on to the application.

APPLICATION

06.01 - David Nash - Area variance, construction within 100 feet of Canadarago Lake - 2131 County Highway 22 (#38.20-1-18.00)

Engineer Hans deWaal, the applicant's representative, said that there had been a slight change to the site plan, but no change to the variances requested. Chairman Crowell reviewed the application, and the Board re-examined the various documents submitted, including photos of neighboring properties and an aerial photo of the area, with properties denoted.

Tony Scalici asked deWaal if the applicant could build up rather than outward. deWaal said that he could not, as there is a power line above the existing building, plus it would obstruct the neighbor's view.

Scalici moved to grant the variances sought: 24 feet on the north side, 35 feet on the east side, and 70 feet within the Canadarago Lake shoreline protection area. Scalici said that no undesirable change would be produced in the character of the neighborhood; that the benefit sought cannot be achieved by any other feasible method, as building upward would not be in keeping with the surrounding properties; that the construction produces a positive benefit, improving the property; and that, although the variance is substantial, the project is consistent with neighboring structures. Jim Ferrari seconded the motion and it was approved, 5-0.

OTHER BUSINESS
Mark LaValley asked the Board to answer a procedural question. LaValley appears before the Planning Board for site plan review of a service trade establishment on April 4, but has encountered strong opposition from a neighbor. He wonders whether, if his application is approved next month, the neighbor could challenge the approval with the ZBA, thus forcing LaValley to stop work until the grievance is resolved.

The Board discussed the hypothetical situation at length, referencing Section 9.01 on page 35 of the Land Use Law, but came to no formal conclusion. Some members opined that only a judge could issue a stop-work order at that point.

With no other business, at 8:33 Jim Ferrari moved to adjourn the meeting.

Respectfully submitted,

Bill Deane, Secretary